Spotswood, NJ Zoning Ordinance

§ 120-901 General application requirements.

Subdivision review. All subdivisions, as defined under § 120-203, are subject to the review procedures specified in this section below.

Site plan review required. No construction permit shall be issued for any new structure or for an addition or alteration to an existing structure, and no certificate of occupancy shall be issued for any change of use of an existing structure until a site plan has been reviewed and approved by the municipality.

(1)

When a structure or activity shall satisfy any one of the following criteria, a site plan shall be required when:

(a)

The new use requires an increase in the number of required parking spaces;

(b)

The new use category has significantly different hours of operation than the existing use;

(c)

The new use category requires any special pickup or discharge of passengers from automobiles or any special loading or unloading of materials;

(d)

The new use category involves the storage and/or handling of chemicals or hazardous substances;

(e)

The new use category includes changes to the intensity of exterior lighting;

(f)

The new use category will generate a volume of solid waste which will or should require additional refuse receptacles in addition to those which already exist; and

(g)

The new use will involve any exterior alterations to the building beyond the placement of a permitted sign.

(h)

The use requires approval for relief under N.J.S.A. 40:55D-70(d).

(i)

The new development will involve a planned unit development, creation of a new road or installation of off-tract improvements such as sewer and water main or road improvements, but excluding incidental off-site improvements such as curb and sidewalk replacement and utility connections.

(j)

The new use will increase building and/or impervious coverage on the site in an amount exceeding 10% of the current condition or permitted maximum condition.

(2)

Exemptions and waivers.

(a)

A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) or uses on a lot shall not require site plan approval.

(b)

The use of any existing or proposed principal or accessory building for a home occupation as defined and permitted by this chapter shall require a zoning permit prior to the issuance of a construction permit or certificate of occupancy. The foregoing shall in no way affect the responsibility of an applicant to submit the necessary information and receive the necessary approvals as may be required pursuant to other ordinances.

(c)

Any change of use from one permitted category of nonresidential use to another permitted category of nonresidential use shall not require site plan approval so long as it does not trigger any of the criteria listed above.

(d)

Permitted accessory structures to residential and agricultural/horticultural uses shall not require site plan approval.

(e)

Interior building alterations or changes in tenancy shall not require site plan approval if all of the following conditions apply:

[1]

There is no change in use;

[2]

No additional parking is required;

[3]

No additional building area is proposed;

[4]

No variance is required;

[5]

There is no major change in circulation proposed such as drive-through windows, ingress or egress drives, changes in internal circulation, loading or unloading, delivery or pickup of goods and services or trash collection; and

[6]

There are no major changes in a significant site facility or improvement such as a drainage facility, buffer or landscaping features and the like.

(f)

Fences not included as part of a site plan application shall not require site plan approval, but shall require the issuance of a zoning permit.

(g)

Signs not included as part of a site plan application shall not require site plan approval, but shall require the issuance of a zoning permit except as exempted in the signs section of this chapter.

(h)

An applicant may elect to file for preliminary and final approval simultaneously to expedite the review process. The site plan shall be prepared according to the requirements stipulated for final approval. Developers electing to bypass the preliminary approval stage are doing so at the peril of added expense if changes in design are required.

(i)

An applicant may request a waiver from filing certain elements of minor site plan when such plan is required. The applicant shall file a written waiver request along with a completed site plan application and submit all required application and escrow fees for a full site plan. The Planning Board shall have the power to, upon showing of undue hardship or practical difficulties, grant a waiver from submission of specific elements of a site plan at any time. An applicant seeking a waiver of specific elements of a site plan shall do so at his or her own risk however, as the Planning Board may, through the course of an application, request additional pertinent information which would be within the scope of a waived element.

Variance relief. All applications for variance relief to the Planning Board not involving any related site plan, subdivision or conditional use approval shall be filed with the Administrative Officer at least 30 days prior to the regular meeting of the Board and shall include 15 copies of any maps and related material; 15 completed copies of the appropriate application form(s), which includes the checklist.[1]

[1]

Editor's Note: The checklists are included at the end of this chapter.

Informal review by the Planning Board.

(1)

At the request of a developer, the Planning Board shall grant one informal review regarding a concept plan for a development for which a developer intends to prepare and submit an application for development.

(2)

The developer shall be required to pay a fee for an informal presentation of a concept plan in accordance with this chapter, which fee shall be credited towards the fee for review of a development application, if subsequently submitted; moreover, no professional review(s) will be undertaken unless the developer has agreed to pay for said review(s) and has established an escrow account also in accordance with this chapter.

(3)

The developer shall not be bound by any concept plan for which the review is requested, and the Planning Board shall not be bound by any such review.

(4)

A developer desiring to have a concept plan informally reviewed by the Planning Board shall so notify the Administrative Officer at least 30 days prior to the regular meeting of the Board. The Administrative Officer shall thereafter notify the developer of the time and place which has been scheduled by the Planning Board for the informal review.

§ 120-902 Submission of minor subdivision plats and minor site plans.

Procedure for submitting minor subdivision plats and minor site plans. The applicant shall submit to the Administrative Officer at least 30 days prior to the regular meeting of the Board: 18 copies of the minor plat or plan; 18 copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter;[1] and a fee in accordance with this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivision plats and minor site plans, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.

[1]

Editor's Note: The checklists are included at the end of this chapter.

Details required for minor subdivision plats and minor site plans. Each minor plat or minor plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the name, title, address, telephone number, license number, seal and signature of the said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor. Each submission shall be drawn at an appropriate scale of one inch equals not more than 20 feet and shall be submitted on one of the three following standard sheet sizes (8.5 inches by 14 inches; 12 inches by 18 inches; 18 inches by 24 inches; or 24 inches by 36 inches), with all sheets submitted of the same size, and each with a clear perimeter border at least 1/2 inches wide. Each minor plat or plan shall show the following information, as such information is applicable to the minor subdivision or minor site plan submission:

(1)

A key map showing the entire tract and its relation to the surrounding area at a scale of one inch equals not more than 400 feet.

(2)

Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

(a)

Name of the development, Borough of Spotswood, Middlesex County, New Jersey, with each sheet specifically titled with appropriately descriptive words;

(b)

Name, title, address and telephone number of applicant;

(c)

Name, title, address, telephone number, license number, seal and signature of the professional or professionals who prepared the plat or plan;

(d)

Name, title and address of the owner or owners of record;

(e)

Scale (written and graphic); and

(f)

Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.

(3)

North arrow, including reference.

(4)

Acreage to the nearest 10th of an acre (both with and without areas within public rights-of-way).

(5)

Certification that the applicant is the owner of the land or his/her properly authorized agent, or that the owner has given his/her consent under an option agreement.

(6)

If the applicant is a partnership or a corporation, the names and addresses of all partners, or the names and addresses of all stockholders owning 10% or more of any class of stock of the corporation in accordance with N.J.S.A. 40:55D-48.1 et seq.

(7)

Approval signature and date lines:

(a)

Chairman; and

(b)

Secretary.

(8)

Existing tax sheet number(s) and existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Borough Tax Map, and proposed block and lot number(s) as provided by the Borough Tax Assessor upon written request.

(9)

Tract boundary line (heavy solid line), any existing and proposed subdivision or property line(s) within the tract, and the existing and proposed number of lots.

(10)

Zoning district(s) affecting the tract, including district names and all area and bulk requirements, with a comparison to the proposed development.

(11)

The location of existing and proposed property lines (with bearings and distances), streets, structures (with their numerical dimensions and an indication as to whether existing structures will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, and natural features such as treed areas, both within the tract and within 100 feet of its boundary.

(12)

The location and width of all existing and proposed utility easements and rights-of-way, the use(s) for which they are intended to be limited, and the manner in which the easements will be controlled.

(13)

(14)

Proposed buffer and landscaped areas and the location and identification of existing vegetation with an indication as whether it is to remain or be removed.

(15)

Delineation of streams, ponds, floodplains, marshes, wetlands, wetland buffers and lands subject to flooding within the tract and within 100 feet thereof.

(16)

Existing topographic contours on U.S.G.S. datum and proposed grades.

(17)

The name of all adjacent property owners and adjacent block and lot numbers as they appear on the most recent tax list prepared by the Borough Tax Assessor.

(18)

Certification from the Borough Tax Collector that all taxes and assessments are paid to date.

(19)

Concerning minor subdivisions only, existing and proposed monuments.

(20)

Concerning minor site plans only, lighting details, sign details, circulation and parking details and drainage calculations and proposed drainage improvements and details.

(21)

Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq. and in accordance with the Middlesex County Soil Conservation District.

(22)

No minor subdivision or minor site plan involving any street(s) additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said street(s), as applicable, shall be granted to the Borough of Spotswood or other appropriate governmental agency.

(23)

Plans of proposed improvements and utility layouts including sewers, storm drains and waterlines, and feasible connections to gas, telephone and electrical utility systems. If private utilities are proposed, they shall comply fully with all Borough, county, state and federal regulations. If service will be provided by an existing utility company, in lieu of detailed plans, a letter from that company stating that service will be available before occupancy will be sufficient. Additionally, letters from the appropriate county and state agencies granting approval for the extension of utility service(s) under their respective jurisdiction shall be submitted with the application.

(24)

No minor subdivision or minor site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter.

(25)

Deed descriptions including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications shall be submitted for approval and required signatures prior to filing with the county recording officer.

(26)

A list of all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Borough, as well as agencies of the county, state and federal government. Where approvals have been granted, copies of said approvals shall be submitted.

(27)

The Board reserves the right to require additional information before granting approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area. Such information shall include, but not be limited to, an environmental impact statement and/or traffic impact statement; provided, however, that no application shall be deemed incomplete for the lack of such additional information.

Action by the Borough on minor subdivision plats and minor site plans.

(1)

The position of Administrative Officer shall be created and shall have the powers and duties as described in the Municipal Land Use Law for purposes of determining completeness of a particular application. For purposes of this chapter, the Zoning Officer shall serve as the Administrative Officer. The Administrative Officer shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete:

(a)

If said application is found by the Administrative Officer to contain all of the information required by the appropriate checklist found in this chapter, the Administrative Officer shall certify that said application is complete and shall direct the application to the Planning Board.

(b)

If said application is found by the Administrative Officer to lack some of the information required by the checklist found this chapter, the Administrative Officer shall:

[1]

Notify the applicant, in writing and within 45 days of the submission of the application, that said application is incomplete, with a specific listing of the deficiencies in the application; and/or

[2]

If a waiver of any checklist item has been specifically requested by the applicant in the submitted application for development, the Administrative Officer shall act on the request for the waiver(s) within 45 days of the submission of the application. If the Administrative Officer reasonably concludes that the missing item(s) of information are not applicable to the subject application and/or are not necessary to make an informed decision on the application, the Administrative Officer may waive the requirement that said item(s) be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing item(s).

(c)

An application which has been declared incomplete by the Administrative Officer shall be resubmitted by the applicant or, in the alternative, the applicant may choose to proceed before the Planning Board for a determination of completeness. Any resubmitted application shall be treated as a new application submission and shall be acted upon by the Administrative Officer in accordance with the time periods for action as listed hereinabove and as specified in the Municipal Land Use Law. An applicant who has been notified that his/her application is incomplete may request a waiver of one or more of the submission requirements set forth in § 120-901B of this chapter.

(d)

In the event that the Administrative Officer fails to act pursuant to § 120-901 hereinabove within 45 days of the date of the submission of the application, said application shall be deemed complete as of the 46th day following its submission.

(2)

On the date the aforesaid application is certified complete, or on the 46th day following the submission of the application in the event that the Administrative Officer fails to make a determination of completeness, as the case may be, the applicable time period within which the Planning Board must act upon the application shall commence.

(a)

In any case, the applicant is obliged to prove that he or she is entitled to approval of the application.

(b)

Moreover, the Planning Board may subsequently require the correction of any information found to be in error and/or the submission of additional information not specified in this chapter and/or revisions to the documents accompanying the submitted application, each and all as are reasonably necessary for the Board to make an informed decision as to whether or not the requirements necessary for approval of the application have been met.

(3)

Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

(a)

The Planning Board (11 copies each of the minor plat or plan and the application);

(b)

Borough Engineer (one copy each of the minor plat or plan, the application and any protective covenants, easements and/or deed restrictions);

(c)

Board Planner (one copy each of the minor plat or plan, the application and any protective covenants, easements and/or deed restrictions);

(d)

Board Attorney (one copy each of the minor plat or plan, the application and any protective covenants, easements and/or deed restrictions);

(e)

Zoning Officer (one copy of the minor plat or plan);

(f)

At the direction of the Planning Board, additional copies of the minor plat or plan and/or other items of submitted information shall be sent to other Borough, county or state agencies and/or to other professional consultants as may be designated by the Board; and

(g)

It shall be the applicant's responsibility, unless specifically provided otherwise in this chapter, to submit the required application to any agency (including but not limited to the Middlesex County Planning Board, the Middlesex County Health Department, the Freehold Soil Conservation District, and the New Jersey State Department of Environmental Protection, and the New Jersey Department of Transportation) having jurisdiction over any aspect of the proposed development.

(4)

The Planning Board shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete by the Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any minor subdivision or minor site plan application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

(5)

The Planning Board shall take action on a minor subdivision or minor site plan application under its jurisdiction in the time frame(s) as prescribed in this chapter hereinabove unless said minor subdivision or minor site plan application is being considered simultaneously with an application for a use variance in accordance with N.J.S.A. 40:55D-70d, which case the Zoning Board of Adjustment shall act upon all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

(6)

The professional staff of the Board shall read any written reports submitted concerning the application and shall review the submission to ascertain its conformity with the requirements of this chapter. The professional staff of the Board shall offer its recommendations to the Planning Board.

(7)

Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to remove any adverse effect(s) prior to further review or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.

(8)

For any application that is heard by the Planning Board and is continued for additional studies, reports, plans or revisions to previously submitted material, the new or revised material must be submitted to the Borough at least 10 days prior to the hearing at which the new material is to be considered by the Board.

(9)

When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made and at least 10 prints of the plat or plan and any related deed descriptions to be filed with the county recording officer shall be signed by the Chairman and Secretary of the Board. No further approval of the application shall be required and the Administrative Officer, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Administrative Officer shall forward the applicant a copy of the approved resolution, adopted in accordance with Article 800 of this chapter, within 10 days of its adoption by the Board.

(10)

When a minor subdivision or minor site plan is disapproved by the Board, the Administrative Officer, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Administrative Officer shall forward the applicant a copy of the disapproval resolution, adopted in accordance with Article 800 of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

(11)

(12)

Filing of map with county recording officer.

(a)

Within 190 days from the date on which the resolution of municipal approval of a minor subdivision is adopted by the Board, a plat map drawn in compliance with the Map Filing Act, P.L. 190, c. 141 (N.J.S.A. 46:29-9.9 et seq.) or deed description, properly drafted and signed by the Chairman and Secretary of the Board shall be filed by the subdivider with the county recording officer, provided that if an applicant elects to file a deed, said deed shall be accompanied with a photographically reduced copy of the approved plat. Unless filed within the 190 days or an extension for filing is granted by the Board, the approval shall expire and will require Board approval as in the first instance.

(b)

The Board may extend the one-hundred-ninety-day period for filing a minor subdivision or deed if the developer proves to the reasonable satisfaction of the Board:

[1]

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

[2]

That the developer applied promptly for and diligently pursued the required approvals.

(c)

The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(13)

The zoning requirements and general terms and conditions, whether conditional or otherwise, shall not be changed for a period of two years either after the date on which the resolution of approval is adopted by the Board for a minor subdivision or after the date of approval by the Board of a minor site plan. The Board shall grant an extension of this period for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before what would otherwise be the expiration date or the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.

(14)

Before the Administrative Officer returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:

(a)

Borough Clerk;

(b)

Borough Engineer (including, in the case of subdivisions only, a map of the plat drawn to the Tax Map scale of one inch equals 100 feet or one inch equals 400 feet as directed by the Board Engineer);

(c)

Construction Official;

(d)

Borough Tax Assessor;

(e)

Such other Borough, county or state agencies and officials as directed by the Board.

§ 120-903 Submission of preliminary major subdivision plats or site plans.

Procedure for submitting preliminary major subdivision plats and preliminary major site plans.

(1)

The applicant shall submit to the Administrative Officer at least 30 days prior to the regular meeting of the Board: 18 copies of the preliminary plat or preliminary plan; 18 completed copies of the appropriate applications which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter;[1] 18 copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; 18 copies of the environmental impact statement; and a fee in accordance with Article 1000 of this chapter. In addition to the above required submittals, all drawings associated with an application for preliminary major site plan, approval of a preliminary major subdivision approval for three or more lots, and their applicable reports shall be submitted in Adobe portable document format (.pdf) at 400 by 400 dpi. All other documents, such as, but not limited to, application, escrow sheet, completion checklist, environmental impact study, traffic study, stormwater report, sewer and water report, reforestation or woodland management plan, and permits associated with the application shall be submitted in Adobe portable document format (pdf) at 300 by 300 dpi. All revisions and resubmissions shall also be submitted in these formats. All filed maps and required final as-built plans shall be submitted in one of the following formats: autocad drawing file (dwg), ESRI Shapefile (shp), Drawing Exchange Format File (dxf) or Microstation drawing file (dgn) and contain coordinate values for at least three identifiable boundary corners (preferably in the 1983 New Jersey State Plane Coordinate System). Exceptions may be granted, by the approving land use agency, for circumstances where production of a Cad file presents an undue hardship.

[1]

Editor's Note: The checklists are included at the end of this chapter.

(2)

The application shall contain an acknowledgment signed by the applicant, stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major site plans, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.

Details required for preliminary major subdivision plats and preliminary major site plans. Each preliminary plat or preliminary plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor. Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet for major subdivision plats and one inch equals 50 feet for major site plans and shall be submitted on one of five of the following standard sheet sizes (8.5 inches by 14 inches; 12 inches by 18 inches; 18 inches by 24 inches; 24 inches by 36 inches; 30 inches by 42 inches), each with a clear perimeter border at least 1/2 inch wide. All plan sheets shall be folded into eighths with the title block revealed. If more than one sheet is required to show the entire subdivision, a separate composite map shall be drawn showing the entire subdivision and the sheets on which the various sections are shown, and each detail sheet shall include a key map showing its relation to the whole tract. Each preliminary plat or plan shall show the following information, as such information is applicable to the preliminary major subdivision or preliminary major site plan submission:

(1)

A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not more than 1,000 feet.

(2)

Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

(a)

Name of subdivision or development, Borough of Spotswood, Middlesex County, New Jersey, with each sheet specifically titled with appropriately descriptive words;

(b)

Name, title, address and telephone number of applicant;

(c)

Name, title, address, telephone number, license number, seal and signature of the professional or professionals who prepared the plat or plan;

(d)

Name, title and address of the owner or owners of record;

(e)

Scale (written and graphic); and

(f)

Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.

(3)

North arrow, including reference.

(4)

Certification that the applicant is the owner of the land or his/her properly authorized agent, or that the owner has given his/her consent under an option agreement.

(5)

(6)

Approval signature and date lines:

(a)

Chairman; and

(b)

Secretary.

(7)

Acreage to the nearest 10th of an acre (both within and without areas within public rights-of-way) and a computation of the area of the tract to be disturbed.

(8)

The name(s) and block and lot number(s) of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Borough Tax Assessor.

(9)

Existing tax sheet number(s) and existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Borough Tax Map, and proposed block and lot numbers as provided by the Borough Tax Assessor upon written request.

(10)

Tract boundary line (heavy solid line), any existing and proposed subdivision or property line(s) within the tract, and the existing and proposed number of lots.

(11)

Zoning district(s) affecting the tract, including district names and all area and bulk requirements, with a comparison to the proposed development, and all zoning district(s) within 200 feet of the tract.

(12)

The location of man-made and natural features such as bridges, wetlands, treed areas, high points, marshes and depressions, both within the tract and within 100 feet of its boundaries. A letter of interpretation (LOI) from the State Department of Environmental Protection shall be submitted for all delineated wetlands.

(13)

The location and species of all existing individual trees or groups of trees having a caliper of six inches or more measured three feet above the ground level shall be shown within the portion(s) of the tract to be disturbed as a result of the proposed development, indicating which trees are to remain and which are to be removed.

(14)

A landscape plan showing the proposed location of all proposed plantings, screening and buffering, a legend listing the botanical and common names, the sizes at the time of planting, a planting schedule, method of irrigation, the total quantity of each plant, and the location of each plant keyed to the plan or plat.

(15)

Where a septic system is proposed, the date of approval by the Borough Board of Health of site evaluation tests, certified by a licensed professional engineer, indicating that the proposed lot(s) can adequately accommodate a septic system. The location(s) of the test holes(s) and borings, soil logs, proposed location of the septic disposal areas, test results, soil types, percolation rates and compliance with the Individual Sewage Disposal Code of New Jersey or applicable Borough Board of Health ordinances, whichever may be more restrictive, shall be shown on the plat and certified by a licensed professional engineer.

(16)

All existing and proposed watercourses within the tract and within 200 feet of the tract shall be shown and be accompanied by the following information:

(a)

When a stream is proposed for alteration, improvement or relocation or where a drainage structure or fill is proposed over, under, in or along a running stream, a report on the status of review by the State Department of Environmental Protection, Division of Water Resources, shall accompany the submission;

(b)

Cross-sections of watercourses and/or drainage swales at an approximate scale showing the extent of the floodplain, top of bank, normal water levels and bottom elevations at the locations required by the Borough Engineer;

(c)

The location and extent of drainage and conservation easements and stream encroachment lines; and

(d)

The location, size, direction of flow and type of adequate drainage provisions to reasonably reduce and minimize exposure to flood damage.

(17)

Existing and proposed contours with intervals of one foot where slopes are less than 5%; with intervals of two feet where slopes are shown between 5% and 10%; and with intervals of five feet where slopes exceed 10%. All contour information shall be related to U.S.G.S. datum. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line.

(18)

Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq. and in accordance with the Freehold Soil Conservation District.

(19)

Locations of all existing structures and their uses, both within the tract and within 100 feet of its boundary, showing existing and proposed front, rear and side yard setback distances and an indication of whether the existing structures and uses will be retained or removed.

(20)

Size, height and location of all proposed buildings (including grades), structures, signs and fences, including details for any signs, fences and trash enclosures.

(21)

All dimensions necessary to confirm conformity to the chapter such as the size of the tract and any proposed lot(s), the number of lots being created, structure setbacks, structure heights, yards and building and lot coverage. All tract and lot sizes shall be expressed in acres and square feet and shall include bearings and distances.

(22)

The proposed location, height, direction of illumination, power and type of proposed outdoor lighting, including details of lighting poles, luminaries and the hours and time of lighting.

(23)

Existing and proposed street and lot layout, with dimensions correct to scale, showing that portion proposed for development in relation to the entire tract, and existing lot lines to be eliminated.

(24)

The location and design of any off-street parking or loading area, showing size and location of bays, aisles and barriers, curbing and paving specifications.

(25)

All means of vehicular access and egress to and from the site onto public streets, showing the size and the location of driveways, sidewalks, fire lanes and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent a difficult traffic situation.

(26)

The application shall include plans and computations for any storm drainage system including the following as may be required by the Borough Engineer:

(a)

All existing or proposed storm sewer lines within or adjacent to the tract showing profile, size, invert and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert, headwall and utility lines including pipe size and grades;

(b)

The location and extent of any proposed groundwater recharge basins, detention basins or other water or soil conservation or drainage devices, with cross-sections every 50 feet at right angles to the long access of the basin, each extending 75 feet beyond the top of the rim of the basin on each side;

(c)

A drainage area map drawn to scale (minimum scale one inch equals 100 feet) showing the contributing area to each inlet or cross drain;

(d)

A weighted runoff coefficient for each drainage area shall be determined for use in the computations; and

(e)

A report by the design engineer containing the criteria used, alternates considered, reasons for selection and design calculations.

(27)

The location and size of existing structures such as water and sewer mains, valves, hydrants, utility structures, gas transmission lines and high tension power lines on the tract and within 200 feet of its boundaries.

(28)

Plans of proposed improvements and utility layouts including sewers, storm drains and water lines, and feasible connections to gas, telephone and electrical utility systems, including plans, inverts, profiles and details of all existing and proposed sanitary sewage facilities and water mains with proposed connections. If private utilities are proposed, they shall comply fully with all Borough, county, state and federal regulations. If service will be provided by an existing utility company, in lieu of detailed plans, a letter from that company stating that service will be available before occupancy will be sufficient. Additionally, letters from the appropriate county and state agencies granting approval for the extension of utility service(s) under their respective jurisdiction shall be submitted with the application.

(29)

Plans, typical cross sections and construction details, horizontal and vertical alignments of the center line of all proposed streets and of all existing streets abutting the tract including street names. The vertical alignments shall be based on U.S.G.S. vertical datum, including curbing, sidewalks, street trees and planting strips, storm drains and gutters, drainage structures and cross sections every half and full station of all proposed streets and of all existing streets abutting the tract. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections. The width of cartway and right-of-way, location and width of utility lines, type and width of pavement and final design grades shall be included.

(30)

Any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan.

(31)

The names, location and width of all existing and proposed easements and rights-of-way, the use(s) for which they are intended to be limited, the manner in which the easements will be controlled, and to whom they are granted.

(32)

The proposed permanent monuments shall be shown, in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9.

(33)

Certificate from the Borough Tax Collector that all taxes and assessments are paid to date.

(34)

An environmental impact statement in accordance with this chapter.

(35)

A traffic impact statement in accordance with this chapter.

(36)

Evidence of the submission of the application(s) for other agency approvals having jurisdiction over the application and/or required by the Borough Engineer.

(37)

Concerning major site plans only, the proposed use and operations of the buildings, the proposed number of shifts to be worked, the maximum number of employees on each shift, and the hours of operation open to public use.

(38)

Concerning major site plans only, detailed floor plans of the entire structure, existing and proposed, and signed and sealed, scaled architectural elevations by a licensed New Jersey architect of the front, side and rear of any structure to be erected or modified, showing the exterior facade and materials to be used in construction and any attached signage.

(39)

The Planning Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area. Such information shall include, but not be limited to, drainage calculations and traffic analyses; provided, however, that no application shall be declared incomplete for the lack of such additional information.

(40)

Submission of preliminary major subdivision plats and preliminary major site plan. A plan, in the form of a narrative description and diagrams or maps, shall be submitted for every development proposal for the construction of 50 or more units of single-family or two-family housing, any multifamily or townhouse housing or more than 25 units and any nonresidential development proposal for the utilization of 1,000 square feet or more of land. The plan shall include details as to the storage, collection, disposition and recycling of recyclable materials as designated in Chapter 174, entitled "Solid Waste," and shall comply with all requirements thereof. When a nonresidential tenant/user is unknown at the time of the subdivision application, the recycling plan shall be submitted as part of a subsequent tenancy review application.

Environmental impact statement.

(1)

General provisions. The impact on the environment generated by land development necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. It is further recognized that the level of detail required for various types of applications will vary depending upon the size of the development, the nature of the site, the location of the development and the information already in the possession of the Borough. Therefore, having determined that some flexibility is needed in preparing the environmental impact statement, the requirements for such a document pertaining to different types of development applications are listed below:

(a)

All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silvaculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the environmental impact statement requirements.

(b)

Any variance applications to the Planning Board not involving a site plan or subdivision application shall not require an environmental impact statement unless the information contained therein is deemed essential by the Board in order to make an informed decision regarding the submitted application. The Planning Board shall inform the applicant regarding any information that may be required.

(c)

Any application for minor site plan or minor subdivision approval, either to the Planning Board or to the Zoning Board, shall not require an environmental impact statement unless the information contained' therein is deemed essential by the Board in order to make an informed decision regarding the submitted application. The Planning Board shall inform the applicant regarding any information that may be required.

(d)

All preliminary major subdivision and/or preliminary major site plan applications shall be accompanied by an environmental impact statement.

(2)

Submission format. When an environmental impact statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described. All applicable material on file in the Borough pertinent to evaluation of regional impacts also shall be considered. Furthermore, as much original research as necessary shall be conducted to develop the environmental impact statement. All environmental impact statements shall consist of written and graphic materials which clearly present the required information utilizing the following format:

(a)

Project description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the particular suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:

[1]

Borough Master Plan.

[2]

Master Plan of adjacent municipalities.

[3]

Middlesex County Master Plan.

[4]

State Development and Redevelopment Plan.

[5]

Other pertinent planning documents.

(b)

Site description and inventory. Provide a description of the environmental conditions on the site, including the following items:

[1]

Types of soils. List and describe each soil type on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations relative to the type of use proposed, a complete mapping of all soil types where the moderate and severe limitations exist shall be provided.

[2]

Topography. Describe the topographic conditions on the site.

[3]

Geology. Describe the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineate those areas where bedrock is within two feet of the surface as well as major rock outcroppings.

[4]

Vegetation. Describe the existing vegetation on the site. A map shall be prepared showing the location of major vegetative groupings such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest types shall be indicated.

[5]

Wildlife. Identify and describe any unique habitats of endangered or protected species.

[6]

Subsurface water. Describe the subsurface water conditions on the site both in terms of depth to groundwater and water supply capabilities. The location, depth, capacity and water quality of all existing water wells on the site and within 500 feet of the site shall be indicated.

[7]

Distinctive scenic and/or historic features. Describe and map those portions of the site that can be considered to have distinctive scenic and/or historic qualities.

[8]

Existing development features. Describe any existing features on the site that are not considered to be part of the natural environment including, but not necessarily limited to, roads, driveway accesses, housing units, accessory structures, utility lines, etc.

[9]

Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey State Department of Environmental Protection.

(c)

Impact. Discuss both the negative and positive impacts during and after construction. Indicate those negative impacts that are unavoidable. The specific concerns that shall be considered include the following and shall be accompanied by specific quantitative measurements where possible and necessary:

[1]

Soil erosion and sedimentation resulting from surface runoff.

[2]

Flooding and floodplain disruption.

[3]

Degradation of surface water quality.

[4]

Groundwater pollution.

[5]

Reduction of groundwater capabilities.

[6]

Sewage disposal.

[7]

Solid waste disposal.

[8]

Vegetation destruction.

[9]

Disruption of wildlife habitats of endangered and protected species.

[10]

Destruction or degradation of scenic and historic features.

[11]

Air quality degradation.

[12]

Noise levels.

[13]

Energy utilization.

(d)

Environmental performance controls. Describe what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts that could result from the proposed project. Of specific interest are:

[1]

Drainage plans which shall include soil erosion and sedimentation controls.

[2]

Sewage disposal techniques.

[3]

Water supply and water conservation proposals.

[4]

Energy conservation measures.

[5]

Noise reduction techniques.

(e)

Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Borough, as well as agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.

(f)

Documentation. All publications, file reports, manuscripts or other written sources of information which were first consulted and employed in compilation of the environmental impact statement shall be listed. A list of all agencies and individuals from whom all pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.

(3)

Disposition by the Board. The Board shall review the information furnished in the environmental impact statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help ensure that the proposed development will cause no reasonably avoidable damage to any environmental resource.

Traffic impact statement.

(1)

General provisions.

(a)

The impact on the existing road systems generated by land development necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. Therefore, all preliminary major subdivision applications resulting in the generation of more than 10 lots and/or all preliminary major site plan applications shall be accompanied by a traffic impact statement unless specifically waived by the Board. Any application for subdivision approval where less than 10 lots are involved and all applications for minor site plan approval, either before the Planning Board or Zoning Board of Adjustment, as the case may be, shall not require a traffic impact statement unless specifically requested by the Board.

(b)

The Board may waive the requirement for a traffic impact statement totally or partially only if sufficient evidence is submitted to the Board indicating that the proposed project will have a negligible traffic impact, or, alternatively, that a complete report need not be prepared and submitted in order to evaluate adequately the specific traffic impact to be generated by the proposed development. The burden of demonstrating the exceptions hereinabove stated shall at all times rest with the applicant who must affirmatively demonstrate to the Board the basis for a waiver request.

(2)

Content of report. The traffic impact statement shall contain the following information:

(a)

Projections of traffic to be generated by the proposed development for average daily, morning peak hour(s), afternoon peak highway hour(s) and any other peak traffic condition deemed applicable as a result of the type and/or location of the proposed generator. Traffic generation rates should be based upon local indices, where applicable, or rates promulgated by the Institute of Transportation Engineers, where local indices are not available. All rates should be documented in the report. Also, the method and data base upon which traffic approach route distributions are based shall be fully documented. Any assumptions regarding the diversion of existing traffic to alternative routes should be clearly specified in the report. Included in this portion of the traffic impact statement shall be an addressment of transportation control measures which would reduce the number of vehicular trips generated by the proposed development.

(b)

The report shall contain documentation of existing conditions on adjacent streets serving immediate site access/egress, including roadway pavement width, rights-of-way, curb parking conditions, sight visibility, grade curvatures of roadway and traffic control devices. Existing traffic volumes or average daily and peak hour conditions shall be presented with the source of data denoted.

(c)

Assessment of the traffic impact of the proposed development shall be provided, including estimates of levels of services. In preparing these estimates, assumptions regarding the annual growth rate of existing traffic should be fully documented. Capacity determination shall be based upon normally accepted standards, with the basis of these estimates clearly indicated. All substantial applications for development, both within Spotswood Borough and neighboring municipalities, which recently have been built, are under construction or are being considered for approval shall be factored in the analysis. In the event the project is staged over a period of time, independent estimates for each stage shall be provided.

(d)

In the event that roadway deficiencies are identified for existing and/or future conditions, specific recommendations for the resolution of these problems shall be addressed in the report. The report shall contain a listing of any and all actions to be undertaken by the applicant to resolve or minimize traffic problems and, as such, shall be considered a firm offer by the applicant to undertake said actions, subject to approval by the Board.

(e)

Any alteration or amendment to the development application which would substantially alter specific land uses, site acreage, building floor area, highway access design or any other feature which could cause a significant change in traffic generation rates shall require the submission of a revised traffic impact statement.

(f)

In situations where state or county highways are adjacent to and/or potentially impacted by the proposed project, a copy of the report shall be provided to the Commissioner of Transportation, New Jersey Department of Transportation for State Highways, and the Middlesex County Department of Transportation for county highways for their review and comment.

(3)

Disposition by the Board. The Board shall review the information furnished in the traffic impact statement in the context of the overall design of the proposed development and the traffic impact of the proposed development on the affected road system. The information is to be used to determine whether or not the proposed development will create any negative impact(s) upon the roadway system, adjacent properties or the zone plan of the municipality. The traffic impact statement shall be forwarded to the Borough Traffic Consultant and/or Borough Engineer for review and comment.

Action by the Borough on preliminary major subdivision plats and preliminary major site plans.

(1)

The Administrative Officer shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete:

(a)

If said application is found by the Administrative Officer to contain all of the information required by § 120-903B of this chapter, the Administrative Officer shall certify that said application is complete and shall direct the application to the Planning Board.

(b)

If said application is found by the Administrative Officer to lack some of the information required by the checklist found this chapter, the Administrative Officer shall:

[1]

Notify the applicant, in writing and within 45 days of the submission of the application, that said application is incomplete, with a specific listing of the deficiencies in the application; and/or

[2]

(c)

An application which has been declared incomplete by the Administrative Officer shall be resubmitted by the applicant or, in the alternative, the applicant may choose to proceed before the Planning Board for a determination of completeness. Any resubmitted application shall be treated as a new application submission and shall be acted upon by the Administrative Officer in accordance with Article 900 hereinabove. An applicant who has been notified that his/her application is incomplete may request a waiver of one or more of the submission requirements set forth in this chapter.

(d)

In the event that the Zoning Officer fails to act within 45 days of the date of the submission of the application, said application shall be deemed complete as of the 46th day following its submission.

(2)

On the date the aforesaid application is certified complete, the applicable time period within which the Planning Board or Zoning Board of Adjustment must act upon the application shall commence.

(a)

In any case, the applicant is obliged to prove that he or she is entitled to approval of the application.

(b)

(3)

Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

(a)

The Planning Board (11 copies each of the preliminary plat or plan, the application, the environmental impact statement, the traffic impact statement, and any protective covenants, easements and/or deed restrictions);

(b)

Borough Engineer (one copy each of the preliminary plat or plan, the application, the environmental impact statement, the traffic impact statement, and any protective covenants, easements and/or deed restrictions);

(c)

Board Planner (one copy each of the preliminary plat or plan, the application, the environmental impact statement, the traffic impact statement and any protective covenants, easements and/or deed restrictions);

(d)

Board Attorney (one copy each of the preliminary plat or plan, the application, the environmental impact statement, the traffic impact statement, and any protective covenants, easements and/or deed restrictions);

(e)

Zoning Officer (one copy of the preliminary plat or plan);

(f)

At the direction of the Planning Board, additional copies of the preliminary plat or plan and/or other items of submitted information shall be sent to other Borough, county or state agencies and/or to other professional consultants as may be designated by the Board; and

(g)

It shall be the applicant's responsibility, unless specifically provided otherwise in this chapter, to submit the required application to any agency (including but not limited to the Middlesex County Planning Board, the Middlesex County Health Department, the Freehold Soil Conservation District, the New Jersey Department of Transportation, and the New Jersey State Department of Environmental Protection) having jurisdiction over any aspect of the proposed development.

(4)

The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

(5)

The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

(6)

The Planning Board shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction in the time frame(s) as prescribed hereinabove unless said preliminary major site plan or preliminary major subdivision application is being considered simultaneously with an application for a use variance in accordance with N.J.S.A. 40:55D-70d in which case the Planning Board shall act upon all aspects of the application within 120 days after the application has been certified complete by the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

(7)

(8)

(9)

All hearings held on applications for preliminary major subdivision and/or preliminary major site plan approval shall require public notice of the hearing. The Planning Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing.

(10)

(11)

In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:

(a)

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in Articles 400, 600 and 700 of this chapter, as the case may be, pursuant to N.J.S.A. 40:55D-65c.

(b)

That the proposals for maintenance and conservation of the common space are reliable, and the amount, location and purpose of the common open space are adequate.

(c)

That provision 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 of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

(12)

If the Board acts favorably on the preliminary plat or plan, the Chairman and Secretary of the Board shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board. The Administrative Officer shall distribute one copy of the Board's resolution to the Borough Clerk.

(13)

Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Revised plans will then be reviewed by the Board's Engineer, Planner and the Zoning Officer to verify conformity with the resolution of approval within 30 days after receipt of the revised submission. Five copies of the revised, verified plan shall then be signed by the Borough Engineer. Two copies will be sent to the Borough and one copy will be returned to the applicant. After the final development plans have been approved, seven complete sets should be submitted to the Borough. The plans will be stamped approved and distributed to staff with one set returned to the applicant.

(14)

Any resolution by the Board shall be deemed to include a contingency that all necessary approvals by other agencies having jurisdiction over any aspect of the proposed development and submission of all outstanding fees are required as a condition of the Board's approval. Any substantial plan revision required by an outside reviewing agency, including the County Planning Board, after final action by the Planning Board will require a new substantive review. Whenever a development application which has been the subject of a public hearing has been substantially amended, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.

(15)

If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with Article 800 of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.

Effect of preliminary approval of major subdivision plats and major site plans.

(1)

Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:

(a)

That the general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalk; lot size; yard dimensions; and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval, except that nothing therein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

(b)

That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary plat or plan; and

(c)

That the applicant may apply for and the 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.

(2)

In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration:

(a)

The number of dwelling units and nonresidential floor area permissible under preliminary approval;

(b)

The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;

(c)

Economic conditions;

(d)

The comprehensiveness of the development; and

(e)

Provided that if the design standards have been revised by ordinance, such revised standards may govern.

(3)

Whenever the Board grants an extension of preliminary approval pursuant to the procedures listed hereinabove and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(4)

The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before what would otherwise be the expiration date or the 91st day after the date on which the developer receives the last of the legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to Article 900 or Subsection F(2) hereinabove.

§ 120-904 Submission of final major subdivision plats and final major site plans.

Procedure for submitting final major subdivision plats and final major site plans. A final plat or final plan shall be submitted to the Administrative Officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the Administrative Officer at least 30 days prior to the regular meeting of the Board: 18 copies of the final major subdivision plat or final major site plan; 18 copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter;[1] and a fee in accordance with Article 1000 of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon final major subdivision plats and final major site plans, and agrees to be bound by it. In addition to the above required submittals, all drawings associated with an application for final major site plan and final major subdivision and their applicable reports shall be submitted in Adobe portable document format (pdf) at 400 by 400 dpi. All other documents, such as, but not limited to, application, escrow sheet, completion checklist, environmental impact study, traffic study, stormwater report, sewer and water report, reforestation or woodland management plan, and permits associated with the application shall be submitted in Adobe portable document format (pdf) at 300 by 300 dpi. All revisions and resubmissions shall also be submitted in these formats. All filed maps and required final as-built plans shall be submitted in one of the following formats: Autocad drawing file (dwg), ESRI Shapefile (shp). Drawing exchange format file (DXF) or Microstation drawing file (dgn) and contain coordinate values for at least three identifiable boundary corners (preferably in the 1983 New Jersey State Plane Coordinate System). Exceptions may be granted, by the approving land use agency, for circumstances where production of a Cad file presents an undue hardship.

[1]

Editor's Note: The checklists are included at the end of this chapter.

Details required for final major subdivision plats and final major site plans. The following information shall be submitted:

(1)

All details stipulated in Article 900 of this chapter.

(2)

All additional details required at the time of preliminary approval shall be submitted including a copy of the signed preliminary plat or plan in conformance with the resolution of approval.

(3)

A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.

(4)

Detailed architectural and engineering data including:

(a)

An architect's design drawing of each building and sign or a typical building and sign showing front, side and rear elevations.

(b)

Cross sections, plans, profiles and established grades of all streets, aisles, lanes and driveways, including center line geometry and horizontal alignments with bearings, radii and tangents.

(c)

Plans and profiles of all storms and sanitary sewers and water mains.

(d)

All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 5,000 and the dimensions of all lot lines to within one to 10,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to the U.S. Geodetic Survey System, with the data on the plat as to how the bearings were determined.

(5)

Evidence that a duplicate copy(ies) of the application for development has been filed with any other agency having jurisdiction over any aspect of the proposed development.

(6)

The final submission shall be accompanied by the following documents:

(a)

Certification from the Borough Tax Collector that all taxes and assessments are paid to date.

(b)

Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company, sewer utility and of any other company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating that the applicant paid the required fees for the utility connections and service or installed all utility improvements in accordance with the requirements of this chapter so that service will be available prior to occupancy. The designing engineer(s) shall certify to the Board that the existing cross-section(s) and profile(s) have been run in the field and the field notes shall be forwarded to the Borough Engineer.

(c)

The applicant shall certify in writing to the Board that he has:

[1]

Installed all improvements in accordance with the requirements of this chapter and the preliminary plat approval; and/or

[2]

Posted a performance guarantee in accordance with Article 1000 of this chapter.

(d)

A statement from the Borough Engineer that:

[1]

All improvements installed prior to application have been inspected and as-built drawings have been submitted by the applicant for the installed improvements; and

[2]

That such improvements installed prior to application for final approval that do not meet or exceed Borough standards shall be factored into the required performance guarantee.

(e)

Concerning major subdivisions only, a Sales Map in the following format and containing the information noted hereinbelow. The developer of the subject major subdivision shall provide all contract purchasers with a copy of the Sales Map at the time of contract and maintain a record of the contract purchasers' receipt of the Sales Map for the Borough's reasonable inspection.

[1]

The Sales Map shall be at a scale of not more than 100 feet to the inch;

[2]

The Sales Map shall identify the location of all on-site flood hazard areas, streams, ponds, wetlands, wetland buffers, steep slopes and stormwater facilities and, to the extent available from preexisting public records, such features within 200 feet of the development also shall be identified;

[3]

The Sales Map shall show the zoning district classification of all property within the development and within 2,000 feet of the development, both within and outside of the Borough, including a brief description of the permitted uses in each zoning district; and

[4]

The Sales Map shall show the development plan for the subject property and all land contiguous thereto for a distance of 2,000 feet from the perimeter of the development, including lands outside of the Borough, with the following information indicated thereon:

[a]

The location of all streets, with those streets to be connected to the proposed development clearly highlighted;

[b]

The location of all state, county and Borough roads, both in existence and/or proposed by any governmental agency having jurisdiction to establish such roads; and

[c]

The location of all railroads, power transmission lines and easements, pipe lines, rights-of-way for public utilities and any existing utilities.

Action by the Borough on final major subdivision plats and final major site plans.

(1)

The Zoning Officer shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete:

(a)

If said application is found by the Administrative Officer to contain all of the information required by Article 900 of this chapter, the Administrative Officer shall certify that said application is complete and shall direct the application to the Planning Board.

(b)

If said application is found by the Administrative Officer to lack some of the information required by Article 900 of this chapter, the Administrative Officer shall:

[1]

Notify the applicant, in writing and within 45 days of the submission of the application, that said application is incomplete, with a specific listing of the deficiencies in the application; and/or

[2]

(c)

An application which has been declared incomplete by the Administrative Officer shall be resubmitted by the applicant or, in the alternative, the applicant may choose to proceed before the Planning Board for a determination of completeness. Any resubmitted application shall be treated as a new application submission and shall be acted upon by the Administrative Officer in accordance with Article 900 or Subsection C(1)(b) hereinabove. An applicant who has been notified that his/her application is incomplete may request a waiver of one or more of the submission requirements set forth in Article 900 of this chapter.

(d)

In the event that the Administrative Officer fails to act pursuant to Article 900 or Subsection C(1)(b) hereinabove within 45 days of the date of the submission of the application, said application shall be deemed complete as of the 46th day following its submission.

(2)

(a)

In any case, the applicant is obliged to prove that he or she is entitled to approval of the application.

(b)

(3)

Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

(a)

The Planning Board (11 copies each of the final plat or plan and the application);

(b)

Borough Engineer and Planner (one copy each of the final plat or plan and the application);

(c)

Board Attorney (one copy each of the final plat or plan and the application);

(d)

Borough Construction Official (one copy of the preliminary plat or plan);

(e)

At the direction of the Planning Board additional copies of the preliminary plat or plan and/or other items of submitted information shall be sent to other Borough, county or state agencies and/or to other professional consultants as may be designated by the Board; and

(f)

It shall be the applicant's responsibility, unless specifically provided otherwise in this chapter, to submit the required application to any agency (including but not limited to the Middlesex County Planning Board, the Middlesex County Health Department, Middlesex County Soil Conservation District, and the New Jersey State Department of Environmental Protection) having jurisdiction over any aspect of the proposed development.

(4)

The Board shall take action of final site plan and final subdivision applications within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

(5)

(6)

If the Board acts favorably on the final plat or plan, the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing one cloth copy and at least two Mylar copies of the approved plat in addition to the 10 paper copies.

(7)

For any application that is heard by the Board and is continued for additional studies, reports, plans or revisions to previously submitted material, the new or revised material must be submitted to the Borough at least 10 days prior to the hearing at which the new material is to be considered by the Board.

(8)

Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Revised plans will then be reviewed by the Board to verify conformity with the resolution of approval within 30 days after receipt of the revised submission. Five copies of the revised, verified plan shall then be signed by the Borough Engineer. Two copies will be sent to the Borough and one copy will be returned to the applicant. After final development plans have been approved by the Board Engineer, seven complete sets should be submitted to the Borough. The plans will be stamped "approved" and distributed to staff with one set returned to the applicant.

(9)

Any resolution by the Board shall be deemed to include a contingency clause that all necessary approvals by other agencies having jurisdiction over any aspect of the proposed development are required as a condition of the Board's approval. Any substantial plan revision required by an outside reviewing agency, including the County Planning Board, after final action by the Planning Board will require a new substantive review. Whenever a development application which has been the subject of a public hearing has been substantially amended, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.

(10)

After approval of the final plat or plan by the Board, the Administrative Officer shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with Article 800 of this chapter:

(a)

Borough Clerk (one paper copy);

(b)

Borough Engineer (one paper copy and, in the case of subdivisions only, one Mylar copy drawn to the Tax Map scale of one inch equals 100 feet or one inch equals 400 feet, as directed by the Borough Engineer);

(c)

Zoning Officer (one paper copy);

(d)

Borough Tax Assessor (one paper copy);

(e)

The applicant (one paper copy and, in the case of subdivisions only, one Mylar copy); and

(f)

Such other Borough, county or state agencies and officials as directed by the Board.

(11)

Within 95 days from the date of signing of the final subdivision plat, the subdivider shall file a copy of same with the Middlesex County Clerk. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days. The Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the 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 that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.

(12)

If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Administrative Officer, within 10 days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.

Effect of final approval of major subdivision plats and major site plans.

(1)

Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date on which the resolution of final approval is adopted:

(a)

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.

(b)

If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three such extensions.

(2)

In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to hereinabove for such period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval; economic conditions; and the comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension to final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration:

(a)

The number of dwelling units and nonresidential floor area permissible under final approval;

(b)

The number of dwelling units and nonresidential floor area remaining to be developed;

(c)

Economic conditions; and

(d)

The comprehensiveness of the development.

(3)

Whenever the Board grants an extension of final approval pursuant to Article 900 or Subsection D(2) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(4)

The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before what would otherwise be the expiration date or the 91st day after the date on which the developer receives the last of the legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to Article 900 or Subsection D(2) hereinabove.[2]

[2]

Editor's Note: The checklists which immediately followed this section can be found as an attachment to this chapter.

Spotswood City Zoning Code

ARTICLE 900

§ 120-901 General application requirements.

§ 120-902 Submission of minor subdivision plats and minor site plans.

§ 120-903 Submission of preliminary major subdivision plats or site plans.

§ 120-904 Submission of final major subdivision plats and final major site plans.