Pittsgrove City Zoning Code
ARTICLE III
Development Review Procedures
§ 60-17 Subdivision and site plan review required.
A.
All subdivision and/or resubdivision of land within the Township, as defined in § 60-4, shall be reviewed by the Planning Board in accordance with the provisions of this chapter. Every residential major subdivision within an A Agricultural or RR Rural Residence Zoning District that creates three or more new lots in addition to the remainder or reserved parcel must be a planned residential cluster development as set forth in § 60-97.
[Amended 3-14-2006 by Ord. No. 3-2006]
B.
Except as otherwise provided, no zoning or construction permit shall be issued for any building or use or any enlargement or alteration of any building or use unless a site plan for said building or use is first submitted to and approved by the Land Use Board, and no zoning permit shall be given or remain valid unless all construction and site utilization conforms to an approved site plan. This requirement shall pertain to all uses and structures in all zoning districts, except that:
(1)
Site plans shall not be required for:
(a)
Any single-family dwelling; for permitted accessory uses to a single-family dwelling such as a private garage or swimming pool, but excluding home occupations;
(b)
Agricultural uses;
(c)
A farm or any permitted accessory use thereto such as barn, silo, storage shed or related structure; or
(d)
Any Township-owned principal and accessory uses.
(2)
Site plan review and approval will not be required in connection with the alteration and repair of an existing structure or use, when the Zoning Officer determines that the alteration or repair:
(a)
Will not result in additional lot coverage;
(b)
Will conform to the maximum and minimum building standards set forth in this chapter;
(c)
Will not increase the number of off-street parking or loading spaces required as set forth in §§ 60-79 and 60-80; and
(d)
Is not in connection with a use subject to the provisions of Article XI, Specific Use Standards and Regulations.
(3)
The Land Use Board may waive the requirement of this subsection if the proposed development has secured previous site plan approval or when the Land Use Board is convinced that the development will not affect existing circulation, drainage, building arrangement, landscaping, buffering, lighting and other consideration of site plan review on the property of the proposed development, and that the proposed development will not create an additional or new need for said considerations of site plan. Such waiver of site plan review shall require notice as per § 60-28.
§ 60-18 Application procedures.
Specifications and checklists for items and information to be submitted determine complete applications for development review.
A.
In order for an application to be deemed complete for purposes of commencing the applicable time period for action by the Land Use Board pursuant to N.J.S.A. 40:55D-10.3, the items set forth in Schedule A, General Requirements Checklist,[1] must be submitted, regardless of the type of application, as well as those items on the applicable checklists as per § 60-38 for the particular type of application being made. Said schedule shall serve as checklists and shall be provided to each applicant for development approval.
[Amended 4-13-2011 by Ord. No. 4-2011]
[1]
Editor’s Note: The schedule is included at the end of this chapter.
B.
An application shall be complete for purposes of commencing the applicable time period for action by the Land Use Board when so certified by the Land Use Board or its authorized committee or designee. In the event the Board, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on the checklist of items to be submitted, specified herein and provided, in writing, to the applicant, and the Land Use Board or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its authorized committee shall grant or deny the request within 45 days of the date of its submission. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The Land Use Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as is reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so received by the Land Use Board. A certification or statutory deeming of completeness shall automatically confirm that the applicant's submissions to the Planning Board meet the criteria to qualify as an "application for development" as defined in this Chapter 60, and shall establish the "date of submission" as defined in this Chapter 60.
[Amended 4-13-2011 by Ord. No. 4-2011]
C.
An applicant may appeal the committee's or designee's decision concerning the completeness of an application to the Board. The Board shall have 45 days after receipt of a written request to schedule a public hearing, at which time the Board will determine if the application is complete. The Board shall affirm, modify or reverse the decision of the committee or designee.
§ 60-19 General review procedures.
A.
Application procedures.
[Amended 12-8-2009 by Ord. No. 15-2009; 4-13-2011 by Ord. No. 4-2011]
(1)
Persons making application to the Planning Board must obtain all necessary forms and checklists as per § 60-38. Upon request, the Planning Board Secretary shall provide copies of all forms for no charge, but the Planning Board Secretary is not required to give advice as to which forms are necessary for any particular type of application or as to how any form must be completed. Upon request, the Planning Board Secretary shall provide copies of this Chapter 60 and the Planning Board's Rules for such charges as may be applicable.
(2)
The Land Use Board or the Board's designee shall determine, on the basis of advice from the Board's administrative officer and its professional staff as detailed hereinabove, that the application is complete and properly submitted as of that date, or that the application is incomplete, as provided in N.J.S.A. 40:55D-10.3, in which latter case the applicant shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the applicant's initial submission as to the additional information or materials required.
(3)
Administrative determination of preliminary completeness. The administrative officer, in conjunction with the Board engineer and/or professional staff, shall make a determination of preliminary completeness prior to listing any matter on the agenda for a meeting of the Board. In the event the administrative officer determines the application is not complete, the administrative officer shall so advise the applicant in writing, indicating the items which the administrative officer has found or been advised by the Board engineer and/or professional staff to be lacking. The failure of the administrative officer to have mentioned an item to an applicant shall not preclude the Board from finding an application incomplete. The Land Use Board or the Board's designee shall have the authority to make final determinations of completeness and shall make a determination of completeness prior to hearing any application.
(4)
Any application for development that the Planning Board determines will create, impose, aggravate or lead to the possibility of one or more adverse effects upon the property that is the subject of the application, or upon adjacent or nearby properties or existing or proposed streets, may be required to be revised to remove such adverse effects prior to further review or, if not so revised, shall be denied.
(5)
An "amended application for development" as defined in this Chapter 60 shall constitute, and shall be processed and reviewed by the Planning Board as in the case of the original application for development, as a new application for development that has replaced the previous one. An amended application for development shall be subject to application fee and escrow deposit requirements for resubmission or revision of any application per the fee schedule established in Pittsgrove Township Code § A120-1. An amended application for development is not a "resubmitted application for development" as defined in this Chapter 60.
(6)
A "resubmitted application for development" as defined in this Chapter 60 shall be processed and reviewed by the Planning Board as a new application for development, and shall be subject to the application fee and escrow deposit requirements for resubmission or revision of any application per the fee schedule established in Pittsgrove Township Code § A120-1. If the Planning Board determines that the date of submission is on or before the 30th day following the date of the Planning Board Secretary's receipt of the applicant's notice of withdrawal, or on or before the 30th day following the Planning Board's adoption of its resolution denying the prior application without prejudice, the Planning Board shall, at the applicant's request, waive the application fee for the resubmitted application for development on the condition that the applicant's review escrow must be replenished within a Board-specified deadline in an amount sufficient to reimburse the Township for all professional fees relating to the prior application and to restore the review escrow to its initially required amount. A resubmitted application for development is not an "amended application for development" as defined in this Chapter 60. An application that has been denied with prejudice may not be resubmitted.
(7)
When an applicant elects to "bifurcate" a development proposal pursuant to N.J.S.A. 40:55D-76b (and as that term is defined in this Chapter 60), each application that is submitted as part of an applicant's bifurcated development proposal, the initial "separate application" and any "subsequent application" (as those terms are referenced in N.J.S.A. 40:55D-76b), shall constitute and be reviewed by the Planning Board as a separate new application for development, with each application being subject to the payment of all fees and escrows required for new applications, and each application having a separate certification or deeming of completeness, and a separately established "date of submission" as defined in this Chapter 60.
(8)
Except in extraordinary or exceptional circumstances as provided below, the Planning Board shall neither request nor grant any extension of the applicable statutory deadline for decision for any application that has a date of submission that predates one or more amendments to this Chapter 60 with which the application does not comply. The Planning Board shall promptly schedule hearings for each such application and in each instance shall provide the applicant with no less than 20 days' written notice of the scheduled hearing date. If an applicant to whom such notice is sent does not appear at the scheduled hearing, or appears but is unprepared to proceed with the hearing, the hearing may be postponed by the Planning Board, but only to a meeting date within the applicable statutory deadline for decision on the application. If insufficient time for decision remains within the applicable statutory deadline to reschedule the hearing, or if such a postponement is otherwise impracticable, the application shall be denied. Under extraordinary or exceptional circumstances the Planning Board may, subject to the applicant's waiver of the applicable statutory deadline for decision, reschedule the application for a hearing to occur within the sixty-day period immediately following the date of the applicable statutory deadline, provided that if the applicant does not appear at the rescheduled hearing, or appears but is unprepared to proceed with the hearing, the hearing shall not be further rescheduled and the application shall be denied.
(9)
In the event the Planning Board has granted a definite or indefinite extended hearing schedule for a complete application and the Planning Board's grant of such extension occurs prior to one or more later amendments to this Chapter 60 with which the application does not comply, and if in such event more than 60 days remain in the extended hearing schedule, the Planning Board shall notify the applicant of the amendments, schedule the application for a hearing to occur within 60 days following the date the notice is issued, or within 60 days following the application's original applicable statutory deadline for decision, whichever is later, and otherwise rescind or waive the previously granted extended hearing schedule, provided that the aforesaid notice must be issued no less than 20 days prior to the hearing date specified in the notice. If an applicant to whom such notice is sent does not appear at the scheduled hearing, or appears but is unprepared to proceed with the hearing, the application shall be denied. Under extraordinary or exceptional circumstances the Planning Board may, subject to the applicant's further waiver of the applicable statutory deadline for decision, reschedule the application for a hearing to occur within the sixty-day period following the hearing date specified in the aforesaid notice, provided that if the applicant does not appear at the rescheduled hearing, or appears but is unprepared to proceed with the hearing, the hearing shall not be further rescheduled and the application shall be denied.
(10)
Notices pursuant to above Subsection A(8) and (9) shall be sent by certified mail, return-receipt requested. The above scheduling, notice and application denial procedures are not limited to situations in which this Chapter 60 is amended in a manner with which a pending application does not comply; rather, these procedures may be used for such other applications and in such other circumstances as the Planning Board may deem appropriate.
B.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285, (N.J.S.A. 40:27-6.6) in the case of a subdivision or Section 8 of P.L. 1968 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval of the County Planning Board by its failure to report thereon within the required period.
C.
At the request of the developer, the Land Use Board shall grant an informal review of a concept plan for a development, excluding an application for a variance, for which the developer intends to prepare and submit an application for development. The developer shall not be bound by any concept plan for which review is requested, and the Land Use Board shall not be bound by any such review.
D.
An applicant or developer may not transfer any of the rights relating to a project or an approval to any other person or entity unless such transfer is accomplished by a three-way agreement among the current applicant/developer, the new applicant/developer, and either the Planning Board (if the transfer is to occur before signature of the approved final plan or plat) or the Township Committee (if the transfer is to occur after signature of the approved final plan or plat). The agreement must confirm, to either the Planning Board Solicitor's satisfaction (if the transfer is to occur before final approval or before the final plan or plat has been signed) or the Township Solicitor's satisfaction (if the transfer is to occur after final approval or after the final plan or plat has been signed), all matters as to the identity of the new applicant/developer; all matters pertaining to how the applicant's/developer's responsibilities will be carried out under the approval; and how any issues such as the disposition of past and future guarantees, escrows and fees, or other relevant matters, are to be resolved.
[Added 12-8-2009 by Ord. No. 15-2009]
§ 60-20 Subdivision and site plan review procedures.
A.
Minor subdivision or site plan.
(1)
Application for minor subdivisions, as defined in § 60-4, shall not be subject to a public hearing provided that a conditional use or zoning variance request is not involved in connection with said application(s). All site plans shall require a public hearing with notice as set forth in §§ 60-28 and 60-29.
(2)
Final approval of a minor subdivision, and preliminary approval in the case of a minor site plan, shall be granted or denied within 45 days from the date the application for said minor subdivision or minor site plan is determined to be completed or within such time as may be consented to by the applicant.
(3)
In granting final approval to a minor subdivision or minor site plan, the Land Use Board may condition such approval on terms ensuring the provisions of improvements pursuant to the provisions of Articles V and VI as deemed applicable by the Board. In approving an application, the Land Use Board may impose any modifications or conditions it deems necessary to carry out the intent of this chapter or to protect the health, safety and general welfare.
(4)
Approval of a minor subdivision shall expire 190 days from the date of the Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law,[1] or a deed clearly describing the approved minor subdivision, is filed by the applicant with the County Clerk, the Municipal Engineer and the Municipal Tax Assessor. Copies filed with the Municipal Engineer and Tax Assessor must show proof of filing with the County Clerk. Any such plat or deed must be signed by the Chairman and Secretary of the Township Land Use Board before it will be accepted for filing by the County Clerk. The Land Use Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to this section if the developer proves to the reasonable satisfaction of the Land Use Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities, and the developer applied promptly for and diligently pursued the required approvals. The length of extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Land Use Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(5)
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or minor site plan approval was granted, shall not be changed for a period of two years after the date of minor subdivision or minor site plan approval, provided, however, that in the case of a minor subdivision, the approved minor subdivision shall have been duly recorded as required in Subsection A(4) above. Extensions of said period may be granted by the Land Use Board in accordance with the provisions of N.J.S.A. 40:55D-46.lc for minor site plans and 40:55D-47g for minor subdivisions.
B.
Major subdivision and site plans; planned developments.
(1)
Preliminary applications for a major site plan for conventional developments which involve less than 10 acres or less than 10 dwelling units shall be subject to public hearing after notice properly given by the applicant as provided in § 60-29, and preliminary approval shall be granted or denied within 45 days from the date the application is determined to be complete or within such further time as may be consented to by the developer. Preliminary major subdivisions, site plans for conventional developments which involve more than 10 acres or more than 10 dwelling units, or any planned development shall be subject to public hearing after notice properly given by the applicant as provided in § 60-29, and preliminary approval shall be granted or denied within 95 days from the date an application is determined to be complete or within such further time as may be consented to by the developer. Otherwise, the Land Use Board shall be deemed to have granted preliminary approval of the subdivision plat or site plan, except in the case of those applications subject to the provisions of § 60-20C, Final approval, and a certificate of the administrative officer as to the failure of the Land Use Board to act shall be issued on request of the applicant.
(2)
In the case of any planned development as permitted by this chapter, the Land Use Board shall find prior to the approval of such planned development the following facts and conclusions:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the standards of this chapter;
(b)
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate;
(c)
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
(d)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
(e)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and the residents, occupants and owners of the proposed development in the total completion of the development are adequate;
(f)
That the planned development is in conformance with any approved general plan approved in accordance with the provisions of § 60-21, General development plan, of this chapter.
(3)
In the event that preliminary approval of such subdivision or site plan is denied because of failure to comply with municipal or regional development regulations, a notation to that effect, together with the signature of the administrative officer of the Land Use Board, shall be placed on the plat or plan, and reasons for the denial shall be stated in the denial resolution.
(4)
Preliminary approval of a major subdivision, site plan or planned development shall be granted by resolution, which shall set forth any conditions that must be met, including design standards and improvements required by Article V, required performance guaranties as set forth in Article VI, and plat or plan changes that must be made precedent to final action. A notation indicating preliminary approval shall be placed on each plat or plan, said notation to clearly state that preliminary approval does not authorize recording in the case of a subdivision, nor the issuance of a zoning or construction permit in the case of a site plan, together with the signature of the Chairman and Secretary of the Township Land Use Board. The preliminary approval does not authorize the recording of a subdivision or the issuance of a zoning or building permit for a site plan.
(5)
Preliminary approval of a subdivision plat or site plan shall confer upon the applicant the following rights:
(a)
That the zoning requirements and general terms and conditions on which approval were granted shall not be changed for a three-year period from the date of preliminary approval, unless modified by ordinance with respect to public health or public safety objectives pursuant to N.J.S.A. 40:55D-49a.
(b)
Preliminary approval of a major subdivision, site plan or planned development will expire three years following the date of the resolution memorializing the preliminary approval unless the applicant files an application for final approval for such major subdivision, site plan or planned development with the Planning Board on or before such expiration date and such filed final application is also thereafter certified by the Board or otherwise deemed to be complete on or before such expiration date. The applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of a preliminary subdivision, site plan or planned development, provided that any such sections must have been designated and approved on the preliminary plans, and also provided that any section or sections for which final application is not made on or before the expiration date of the preliminary approval will expire upon the expiration date.
[Amended 12-8-2009 by Ord. No. 15-2009]
(c)
That the applicant may apply for and the Land Use Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern as provided in N.J.S.A. 40:55D-49c.
(d)
In the case of a subdivision of or site plan for an area of 50 acres or more, the Land Use Board may grant the rights referred to in Subsection B(5)(a), (b) and (c) of this section for such period of time, longer than three years, as provided for in N.J.S.A. 40:55D-49d.
(e)
That the Land Use Board may grant extensions of said preliminary approval pursuant to Subsections B(5)(c) and (d) of this section subject to the provisions of N.J.S.A. 40:55D-49e and f.
C.
Final approval.
(1)
A developer seeking final approval of a major subdivision, site plan or planned development shall, with the knowledge of the zoning administrative officer, submit the required number of folded paper prints of the final plan, together with original and processed tracings as required by the Map Filing Law[2] in the case of subdivisions, along with a completed application form, to the Land Use Board administrative officer at least 10 days prior to a regularly scheduled Land Use Board meeting.
[Amended 12-8-2009 by Ord. No. 15-2009]
[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
The Land Use Board, at its next regularly scheduled meeting, shall determine, on the basis of advice from the Board's administrative officer and its professional staff, that the application is complete and properly submitted as of that date, or that the application is incomplete, as provided in N.J.S.A. 40:55D-10.3, in which latter case the applicant shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the applicant's initial submission as to the additional information or materials required. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its designee shall grant or deny the request within 45 days. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements have been met. The application shall not be deemed incomplete for lack of any such additional information or any revision in the accompanying documents so required by the Board.
(3)
Final approval of a major subdivision, site plan or planned development shall be granted only after all requirements and conditions imposed at the time of preliminary approval have been complied with including the conditions of § 60-20B(2), as applicable, with respect to a planned development, and all required easements or deeds have been submitted and approved as to content by the Township Engineer and approved as to form by the Township Solicitor. Annotation indicating approval shall be placed on each plat or plan, together with the signatures of the Chairman and the Secretary of the Land Use Board.
(4)
An application for final approval shall be granted or denied within 45 days from the date it is determined to be complete or within such further time as may be consented to by the applicant. Otherwise, the Land Use Board shall be deemed to have granted final approval, and a certificate of the Land Use Board administrative officer as to the failure of the Land Use Board to act shall be issued on request of the applicant.
(5)
Final approval of a major subdivision shall expire 95 days from the date of signing the plat unless within such period the plat shall have been duly filed by the developer with the County Clerk. The Land Use Board, for good cause shown, may extend the period of recording for an additional period, not to exceed 190 days from the date of the signing of the plat. The Land Use Board may extend the 95 or 190 days as provided by N.J.S.A. 40:55D-54.
(6)
The Land Use Board is authorized pursuant to N.J.S.A. 40:55D-51 to grant exceptions from the requirements for subdivision or site plan approval and to simultaneously review and approval or deny conditional uses or site plans with review of subdivision approval.
(7)
Final approval of a major subdivision, site plan or planned development shall confer upon the developer the following rights:
(a)
Zoning requirements applicable to the preliminary approval first granted and all rights conferred upon the developer as set forth in § 60-20B(4), whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of a major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded in accordance with the expiration provisions set forth in § 60-20C(6). If the developer has followed the standards prescribed for final approval, and in the case of a major subdivision has duly recorded the plat as required herein, the Land Use Board may extend for such period of protection for extensions of one year, but not to exceed three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to § 60-12B(4) for any portions granted final approval.
(b)
In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or a conventional subdivision or site plan of 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Land Use Board may extend the period of protection granted under § 60-20C(7) as provided in N.J.S.A. 40:55D-52.
(c)
Final approval of a major subdivision, site plan or planned development will expire two years following the date of the resolution memorializing the final approval unless on or before the expiration date the Planning Board Secretary and Chairman sign the final subdivision plat or final site plan to confirm that all pre-signature conditions of the final approval have been satisfied, including the posting of all required performance and maintenance guaranties and inspection escrows. The Planning Board may grant extensions of final approval pursuant to N.J.S.A. 40:55D-52d.
[Amended 12-8-2009 by Ord. No. 15-2009]
(8)
An applicant's approved final subdivision plat or site plan will not be signed by the Planning Board Secretary and Chairperson until all required performance and maintenance guaranties and inspection escrows have been posted with the Township, an electronic copy of the approved plans in a version of AutoCAD satisfactory to the Township Engineer has been transmitted to the Township Engineer and Planning Board Secretary, and all other presignature conditions of final approval have been satisfied. Signed copies of the signed final subdivision plat or site plan shall be distributed by the Planning Board Secretary to the Planning Board files (plus two signed Mylars), the Township and Planning Board Engineers, Zoning Officer, Tax Assessor, County Planning Board, and the applicant (plus any additional signed Mylars).
[Amended 12-8-2009 by Ord. No. 15-2009]
(9)
No site work or other development activity may commence pursuant to an applicant's approved major subdivision, site plan (major or minor), or planned development approval until the applicant has satisfied all presignature conditions of final approval as required by Subsection C(8), above; the applicant's approved final subdivision plat or site plan has been signed by the Planning Board Secretary and Chairperson and, in the case of a final subdivision plat, filed in the office of the Salem County Clerk; and all applicable zoning, construction and other permits have been issued.
[Added 12-8-2009 by Ord. No. 15-2009]
(10)
No building permit will be issued for any lot within a major subdivision or planned development until all lots that must be transferred to a homeowners' association or other entity have been confirmed to the Township Solicitor's satisfaction as having been properly transferred subject only to the easements, covenants and restrictions that are required pursuant to the major subdivision or planned development approval; all drainage improvements are complete; all proposed new roadways are complete except for the top pavement course; and all other prebuilding permit conditions of approval have been satisfied.
[Added 12-8-2009 by Ord. No. 15-2009]
(11)
No building permit will be issued for any site plan project or planned development until all easements, covenants and restrictions that must be granted by or to a maintenance association or other entity pursuant to the major site plan or planned development approval have been confirmed as having been properly granted and not subject to any other easements, covenants and restrictions; all drainage improvements are complete; all proposed new roadways are complete except for the top pavement course; and all other prebuilding permit conditions of approval have been satisfied.
[Added 12-8-2009 by Ord. No. 15-2009]
(12)
No certificate of occupancy will be issued for any new structure within a major subdivision, site plan, or planned development until the Township Engineer confirms that all grading and drainage facilities, and other improvements required at the lot pursuant to the approval, have been accomplished and installed in conformance with the approval and any approved plot/grading plan.
[Added 12-8-2009 by Ord. No. 15-2009]
§ 60-21 General development plan.
A.
Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development pursuant to the provisions of this chapter may submit a general development plan to the Land Use Board prior to the granting of preliminary approval of that development by the Land Use Board as provided in § 60-20B of this chapter.
B.
The Land Use Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Land Use Board to act within the period prescribed shall constitute general development plan approval of the planned development.
C.
A general development plan shall contain all information provided in the Checklist G[1] for a general development plan, and shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be developed in accordance with the general development plan approved by the Land Use Board notwithstanding any provisions of N.J.S.A. 40:55D-1 et seq. or any ordinance or regulation adopted pursuant thereto after the effective date of the approval.
[1]
Editor's Note: Checklist G is included at the end of this chapter.
D.
The term of effect of the general development plan approval shall be determined by the Land Use Board using the guidelines set forth in Subsection E below, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to N.J.S.A. 40:55D-1 et seq.
E.
In making its determination regarding the duration of the effect of approval of the development plan, the Land Use Board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the general development plan and any conditions which the Land Use Board attaches to the approval thereof.
F.
In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Land Use Board. The Land Use Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the Township and the region, and the availability and capacity of public facilities to accommodate the proposed development.
G.
Except as provided hereunder, the developer shall be required to gain the prior approval of the Land Use Board if after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development. Any variation in the location of land uses or increase in density or floor area ratio approval in reaction to a negative decision of, or condition of development approval imposed by, the Department of Environmental Protection pursuant to N.J.S.A. 13:19-1 et seq., shall be approved by the Land Use Board if the developer can demonstrate to the satisfaction of the Land Use Board that the variation being proposed is a direct result of such determination by the Department of Environmental Protection.
H.
Except as provided hereunder, once the general development plan has been approved by the Land Use Board, it may be amended or revised only upon application by the developer approved by the Land Use Board. A developer, without violating the terms of approval pursuant to this chapter, may, in undertaking any section of the planned development, reduce the number of residential units or amount of nonresidential floor space by no more than 15% or reduce the residential density or nonresidential floor area ratio by no more than 15%; provided, however, that a developer may not reduce the number of residential units to be provided pursuant to N.J.S.A. 52:27D-301 et seq. without prior Township approval.
I.
The Land Use Board, in accordance with the provisions of N.J.S.A. 40:55D-45.7, shall certify completion of each section of a general development plan, determine any general development failure to complete or comply, or determine the termination of a general development plan approval.
J.
In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.
§ 60-22 Conditional uses.
In all requests for conditional uses, the burden of proof shall be on the applicant. The considerations and standards upon which the conditional use shall be heard and decided shall be as follows:
A.
The use for which application is being made is specifically authorized as a conditional use in the Schedule of District Regulations for the district in which it is proposed.[1]
[1]
Editor's Note: Said schedule is included at the end of this chapter.
B.
All regulations and standards specified in this chapter which are applicable to the proposed use shall apply. The area, bulk, minimum setback and coverage dimensions and height regulations for the specific district shall apply as minimum requirements except in the following instances:
(1)
If area or dimensional regulations are specified in Article XI, those standards shall apply.
(2)
For commercial and industrial uses, the area and dimensional standards of the most restrictive commercial or industrial district shall apply, except if the prevailing zone district standards for the given use are more restrictive.
C.
The following criteria shall be considered in the deliberations on any conditional use application:
(1)
The design, arrangement and the nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded the neighborhood and the zoning district with regard to conservation of property values, avoidance of congestion of vehicular traffic or the creation of any unnecessary hazard.
(2)
Nonresidential buildings shall be oriented so as not to face building frontage or public entranceways in the direction of a residential neighborhood. Special consideration shall be given to the buffering and screening of all such uses from any residential use.
(3)
Building and structural design and materials shall be compatible with surrounding land uses.
(4)
Whenever possible, commercial and industrial conditional uses shall gain access from roads of minor collector status or above. Traffic intensive uses, defined as generating more than 50 trips per day, shall be located on a major collector or arterial road. Applications for commercial or industrial uses which do not meet these criteria shall include a detailed traffic impact analysis as per § 60-36 (Checklist - Schedule C[2]) prepared by a qualified traffic engineer, planner or other appropriately qualified professional.
[2]
Editor's Note: Schedule C is included at the end of this chapter.
(5)
The Land Use Board may impose any modification or conditions it may deem necessary to carry out the intent of this chapter or to protect the health, safety and general welfare of the public.
D.
The required number of copies of an application for a conditional use permit along with site plan of the proposed conditional use as required by § 60-22D(2), and shall be submitted in accordance with the provisions of § 60-20.
[Amended 12-8-2009 by Ord. No. 15-2009]
(1)
Within 95 days from the date said application is determined complete or within such further time as may be consented to by the applicant, the Land Use Board shall, by resolution, either approve or disapprove the application. Failure of the Land Use Board to act within the period prescribed shall constitute approval of the applicant, and a certificate of the administrative officer as to the failure of the Land Use Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the Zoning Officer as justification for issuance of a zoning permit for said conditional use and by the County Clerk for purposes of filing subdivision plats. A conditional use shall require a public hearing and proper noticing of adjoining property owners in the manner prescribed by the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), as currently amended, prior to the Land Use Board determining whether or not to grant the conditional use.
(2)
In reviewing an application for a conditional use permit, said review shall include site plan review as provided in accordance with §§ 60-17 and 60-20. The Land Use Board shall review applications, including the site plans and any related studies, in accordance with all standards and regulations of this chapter and as to conformity with the goals, objectives and policies of the adopted Township Master Plan.
(3)
The Land Use Board shall notify the Zoning Officer, in writing, as to its decisions and any special conditions imposed in connection with the approval actions.
(4)
The Zoning Officer shall approve or deny applications for conditional use permits in accordance with the Land Use Board action. All conditional use permits shall be issued only in accordance with applicable conditions contained in this chapter or imposed by the Land Use Board. The Land Use Board administrative officer shall transmit one copy of all approved and denied applications to the Township Tax Assessor, Zoning Officer, Construction Code Official and Township and Planning Board Engineers.
§ 60-23 Zoning appeals and applications.
A.
Appeals to the Land Use Board may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the Zoning Officer. Each appeal shall be taken within the twenty-day period prescribed by filing a notice of appeal with the officer from whom the appeal is taken together with the required number of copies of said notice with the administrative officer of the Land Use Board. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Land Use Board all papers constituting the record upon which the action appealed from was taken.
[Amended 12-8-2009 by Ord. No. 15-2009]
B.
Filing.
(1)
Applications addressed to the original jurisdiction of the Land Use Board without prior application to an administrative officer pursuant to N.J.S.A. 40:55D-72b shall be filed with the administrative officer of the Land Use Board. Sixteen copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 15 days prior to the date set for the hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Land Use Board. The applicant shall obtain all necessary forms from the Secretary of the Land Use Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
(2)
If the applicant is a corporation or partnership, said applicant shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest of a partnership, as may be the case, as required by N.J.S.A. 40:55D-48.1.
(3)
If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to a disclosure as set forth above, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as may be the case, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the ownership criterion of 10% as set forth in N.J.S.A. 40:55D-1 et seq., have been listed.
(4)
Failure to comply with Subsection B(2) and (3) above by any corporation or partnership shall be cause for disapproval of the application.
C.
An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Land Use Board, after the notice of the appeal shall be filed with him/her, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order of the Superior Court of New Jersey upon notice to the officer from whom the appeal is taken and on due cause shown.
D.
Time limit for decisions.
(1)
The Land Use Board shall render its decision no later than 120 days after the date:
(a)
An appeal is taken from the decision of an administrative officer; or
(b)
A complete application for development is submitted to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b.
(2)
Failure of the Board to render a decision within such period of 120 days or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
§ 60-24 Sign and yard sale permits.
A.
Sign permits.
(1)
Applications for a sign permit shall be submitted to the Zoning Officer when the sign to be erected or installed is for an existing use or structure and is not part of a development requiring site plan review. The Zoning Officer shall review said application and plans submitted as required by § 60-36 and shall, within two weeks of receipt of the application:
(a)
Issue a permit if said proposed sign(s) conforms to all provisions of § 60-82;
(b)
Require full site plan review as per § 60-20; or deny the permit, in which case the Zoning Officer shall set forth, in writing, the reasons for said denial.
(2)
In the case of a sign or signs to be erected or installed as part of an application for subdivision or site plan approval, the proposed signs shall be shown on the subdivision plat or site plan and be reviewed and approved as part of the overall subdivision plat or site plan by the Land Use Board. The Zoning Officer shall be authorized by the approval of the subdivision plat or site plan submitted thereto to issue the appropriate permit(s) for the sign(s) shown on said approved plat or plan.
B.
Yard sale permits. Applications for yard sale permit shall be made to the Zoning Officer or his designee, who shall issue or deny said permit in accordance with the provisions of § 60-106 and payment of any requisite fees.
§ 60-25 Informal discussion of development proposal.
A.
At the request of the developer, the Land Use Board shall grant an informal review of a concept plan for a proposed development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such informal review. The developer shall not be bound by any concept plan for which review is requested, and the Land Use Board shall not be bound by any such review and/or comments made during same.
B.
Any sketch plats containing proposals and/or designs for drainage, streets, subdivision layout or site design shall be only for discussion and informal review and comment. The data included on an informal submission shall include sufficient basic data to enable the Land Use Board and the developer to comment upon design concepts, such as building locations, ingress and egress, parking and major natural features that will have to be recognized or may influence certain design criteria, and the prospective developer's basic intent for provision of water, sewage and stormwater facilities. Informal sketches to scale of possible plans for development of the area. They are not binding on the Township or upon the developer and do not necessitate accurate engineered drawings. The Township or developer bear no liability resulting from the informal discussion of such concept plans for development since by their nature they are not actual applications with supporting documentation and properly drawn and certified plats or plans.
C.
Although the minutes of a meeting of the Land Use Board wherein an informal discussion was part of the agenda may so note said discussion, no written findings, conclusions or reports shall be issued by the Board as a result of an informal discussion.
§ 60-26 Appeals to the Township Committee.
Any interested party may appeal to the Township Committee any final decision of the Land Use Board approving a use variance pursuant to § 60-10G(4), provided that such appeal shall be made within 10 days of the date of publication of the Board's final decision.
§ 60-27 Hearings.
A.
Rules. The Land Use Board shall make rules governing the conduct of hearings before it, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such person as said officer may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38, (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C.
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E.
Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his/her expense.
§ 60-28 Notice requirements for waiver of site plan review approval.
An applicant for waiver by the Land Use Board of site plan review approval shall publish and serve public notices of the date, time and place of the meeting of the Land Use Board to consider such application. Such notice shall be published and served in the same manner and it shall contain the same information as required for a notice of hearing on an application for development as required pursuant to § 60-29 of the Code of the Township of Pittsgrove.
§ 60-29 Notice requirements for hearings and other applications for development.
A.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., or when preliminary site plan approval is sought for a minor or major site plan involving multifamily housing, commercial, industrial or institutional uses or activities; for appeals of determinations of the administrative officer pursuant to N.J.S.A. 40:55D-70a; for request for interpretation pursuant to N.J.S.A. 40:55D-70b, the applicant shall give notice of the application or hearing as follows:
[Amended 12-8-2009 by Ord. No. 15-2009]
(1)
Public notice shall be given by publication in the official newspaper of the Township at least 10 days prior to the date of the hearing or meeting at which the application will be considered.
(2)
Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing or application before the Board, and whether located within or without the municipality in which the applicant's land is located, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner's whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Such notice shall be given by serving a copy thereof on the owner shown on said current tax duplicates or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return receipt is not required. Notice to partnership owners may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice a condominium association, horizontal apartment regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of hearing or application to be considered, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements and areas.
(3)
Notice of all hearings on applications for developments involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4)
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
(5)
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Township Clerk pursuant to N.J.S.A. 40:55D-10.
(7)
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under the provisions of N.J.S.A. 40:55D-1 et seq., requiring a public hearing, shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with N.J.S.A. 40:55D-12.1, by serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
B.
All notices as specified above in this section shall be given at least 10 days prior to the date fixed for the hearing or meeting at which the application will be considered, and the applicant shall file an affidavit of proof of service with the Board or governing body holding the hearing or meeting for consideration of the development application. Any notice made by certified mail as required above shall be deemed to be complete upon mailing in accordance with N.J.S.A. 40:55D-14.
C.
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing or meeting, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.
§ 60-30 Furnishing list of property owners and qualified farmland owners.
A.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Tax Assessor shall, within seven days after receipt of a request thereof and upon receipt of payment of a fee as indicated in Chapter A120, Fees, make and certify a list from the current tax duplicate of names and addresses of all:
(1)
Owners to whom the applicant is required to give notice pursuant to § 60-29; and
(2)
Owners of all lots and blocks of land that are assessed as qualified farmland under the New Jersey Farmland Assessment Act,[1] which abut the parcel which is the identified by aforementioned request as being the subject property proposed for development.
[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
B.
Failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
§ 60-31 Decisions on applications.
A.
Each decision on any application for development shall be set forth, in writing, as a resolution of the Board, which shall include findings of fact and legal conclusions based thereon. The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency grants or denies approval or, if the meeting at which such action occurs within the final 45 days of the applicable time period for rendering a decision, within 45 days of such meeting by the adoption of a resolution of memorialization. Whenever a resolution of memorialization is adopted, the date of such action shall constitute the date of decision for purposes of mailing, filings and publications required by this section.
B.
A copy of decision shall be mailed by the Board within 10 days of the date of decision to the applicant or, if represented, then to his/her attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Township Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.[1]
[1]
Editor's Note: See Ch. A120, Fees.
§ 60-32 Publication of decision.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Land Use Board without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
§ 60-33 Disclosure of ownership.
A corporation or partnership applying to the Land Use Board for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. Said disclosure shall be in compliance with the provisions of § 60-23B(2) through (4).
§ 60-34 Payment of taxes required.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Land Use Board shall be accompanied by proof that no taxes or assessment for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, and approvals or other relief granted by the Board shall be conditioned upon either prompt payment of such taxes or assessments or the making of adequate provisions for the payment thereof in such manner that the municipality will be adequately protected.
