Toms River City Zoning Code
§ 348-6.4
Applications for development; procedure.
A.
Submission requirements. All applications for development shall be submitted in triplicate and shall be accompanied by at least three copies of the required plat maps and supporting attachments, exhibits and information. Applications for development shall not be accepted by the Administrative Officer unless they are accompanied by the required fees as set forth in Article III, § 348-3.4, of this chapter.
[Amended 2-9-1982 by Ord. No. 2068]
B.
Administrative review. Upon receipt of an application for development, the Administrative Officer shall review the application for compliance with submission requirements, plat details and supporting exhibits and information. Upon completion of his review, the Administrative Officer shall also, upon receipt of an application for development for a site plan, subdivision and/or conditional use, forward one copy each of the application, plat and attachments to the Township Engineer and Toms River Township Environmental Commission and one copy of the application and one copy of the plat and attachments to the Planning Board Engineer or Board of Adjustment Engineer (where application has been made for variance to allow a use or structure in a district restricted against such use or structure).
[Amended 2-9-1982 by Ord. No. 2068]
C.
Engineering review. The Township Engineer and the Planning Board Engineer or Board of Adjustment Engineer shall review applications for development for site plans, subdivisions and conditional uses and shall advise the Administrative Officer and the applicant of any technical deficiencies, required changes and/or recommended changes. Five copies of revised plans and attachments, which correct all deficiencies, incorporate all required changes and satisfactorily consider all recommended changes shall be submitted to the Administrative Officer for further review.
D.
Certificate of completeness. When all submission requirements have been fulfilled and, in the case of site plans, subdivisions and conditional uses, when reports have been received from the Township Engineer and the Planning Board Engineer or Board of Adjustment Engineer that the plans and attachments submitted are in technical compliance, the Administrative Officer shall issue a certificate of completeness and schedule the application for development for consideration by the Classification Committee or for public hearing before the Planning Board or Board of Adjustment.
E.
Conditional approvals.
(1)
After issuance of a certificate of completeness, all applications for development shall be acted upon by the Planning Board or Board of Adjustment within the time limits set forth within Article III of this chapter, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to Planning Board or Board of Adjustment approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.
(2)
If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board or Board of Adjustment to an extent that the Administrative Officer determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board or Board of Adjustment and pay the fees for such revised approval set forth in Article III, § 348-3.4, of this chapter.
F.
Planning Board action. In acting upon an application for development for a subdivision or site plan, the Planning Board shall consider whether the submittal complies to the following standards and regulations:
(1)
The proposed use is consistent with the Master Plan.
(2)
The plat submission contains all of the information and data required by this chapter.
(3)
The details and improvement standards of the plat are in accord with the standards of this chapter.
(4)
Adequate provision is made for safe and convenient vehicular traffic access, circulation and parking.
(5)
Adequate provision is made for safe and convenient pedestrian circulation.
(6)
Ingress and egress for the site will not unduly impede or obstruct the flow of traffic on public streets.
(7)
Adequate provision has been made for the collection and disposal of stormwater runoff and the proposed drainage facilities have been approved by the Township Engineer.
(8)
Adequate provision has been made to screen adjoining residential properties from any adverse effects that might result from outdoor lighting, buildings, parking areas, refuse storage areas, recreation areas, equipment areas, bulk storage areas or similar utilities or structures located on the site.
(9)
Adequate provision has been made for compliance with the performance standards of this chapter.
(10)
Adequate provision has been made to provide structures and uses of a quality and design which will not produce adverse effects on existing developments in the surrounding area or future uses designated for the surrounding area in the Master Plan.
(11)
The proposed development is compatible with approved subdivisions and/or site plans for adjacent and nearby parcels of land.
(12)
Access to the proposed development conforms to the standards of the State Highway Access Management Code adopted by the Commission of Transportation under Section 3c of the State Highway Access Management Act, P.L. 1989, c. 32, N.J.S.A. 27:7-91, in the case of a state highway or with the standards of any access management code adopted by the county or Township.
[Added 8-14-1991 by Ord. No. 2848-91]
G.
Reproduction fee and issuance of development permit. Approvals of all applications for development shall not be valid until all of the following have taken place:
(1)
The Administrative Officer shall certify that all conditions of approval have been satisfied.
(2)
In the case of applications for development for site plans and subdivisions, the applicant shall submit the reproducible original of the plat for the signature of the Chairman and Secretary or Assistant Secretary of the Planning Board or Board of Adjustment and, in the case of minor subdivisions or final plats of major subdivisions, the Township Engineer.
(3)
In the case of applications for development for site plans and subdivisions, the applicant shall pay a reproduction fee equal to $3 per sheet of the plat and attachments, except that the minimum fee shall be $5.
(4)
The Administrative Officer shall cause three copies of the signed plat and attachments to be reproduced. One copy shall be retained in the files of the Administrative Officer, one copy shall be retained in the files of the Township Engineer and one copy shall be retained in the files of the Board's Engineer.
(5)
After signature and reproduction, the Administrative Officer shall return the reproducible original of the plat and attachments to the applicant.
(6)
For all applications for development that receive minor or final plat approval, the Administrative Officer shall issue a development permit after the plat has been signed. The date of the development permit shall be the date upon which the approval becomes valid. The date upon which the approval of applications for development related to sketch or preliminary plats become valid shall be the date on which the plat is signed by the Chairman and Secretary or Assistant Secretary of the Planning Board or Board of Adjustment. However, the period of time for which certain rights are conferred upon the applicant shall commence on the date which the Planning Board or Board of Adjustment granted the approval.