(1)   Members shall be appointed according to the following classes:

         (a)   Class I - The Mayor, or in the Mayors absence, the Mayor's designee.

         (b)   Class II - One of the officials of the township other than a member of the Township Committee, to be appointed by the Mayor. However, if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member for purposes of this chapter in the event that there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.

         (c)   Class III - A member of the Township Committee to be appointed by it.

         (d)   Class IV - Other citizens of the township, to be appointed by the Mayor. Members of Class IV shall hold no other municipal office, position or employment except that one member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission, if established pursuant to N.J.S.A. 40:55D-1, and one member may be a member of the Board of Education. If there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV member unless there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member common to the Planning Board and Environmental Commission shall be deemed a Class II member of the Planning Board. For the purposes of this section, membership on a township board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of a township office.

      (2)   Terms of members. Members and alternates of the Planning Board existent under the prior zoning ordinance shall retain their membership and their terms shall continue until their term would have expired under the prior ordinance. New appointments to the Planning Board shall be for a term as specified by N.J.S.A. 40:55D-23 and 23.1, except in the case of a vacancy created by the resignation or removal of a member or alternate, in which case such vacancy shall be filled by appointment as above provided for the duration of the unexpired term.

      (3)   Members and alternates shall not participate in any hearing in which they have, either directly or indirectly, any personal or financial interest.

      (4)   Any member or alternate other than the Mayor, after a public hearing if he or she requests it, may be removed by the Township Committee for cause.

         (a)   Alternate members shall be appointed by the Mayor and shall meet the qualifications of Class IV members.

         (b)   Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member.

         (c)   A vote shall not be delayed to permit the voting of an absent regular member.

         (d)   In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 will vote.

      (6)   Substitute members. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to the member's personal or financial interests therein, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board. Members of the Zoning Board of Adjustment shall be chosen in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter. If a choice has to be made between regular members of equal seniority, the Chairperson of the Board of Adjustment shall make the choice.

(Ord. 945-99, passed 9-13-99; Am. Ord. 35-00, passed 12-28-00)

   (A)   The Planning Board shall have the power to:

      (1)   Prepare, maintain, adopt and administer the master plan.

      (2)   Prepare, maintain, and administer the subdivision, site plan, and zoning ordinances within this chapter and hear and decide applications made pursuant thereto.

      (3)   Prepare, maintain, and administer the official map.

      (4)   Prepare a capital improvements program, if authorized by the Township Committee.

      (5)   Review proposed amendments to the subdivision, site plan, and zoning ordinances within this chapter and the official map, and make recommendations regarding the same to the Township Committee pursuant to the provisions of N.J.S.A. 40:55D-26a.

      (6)   Hear and decide applications for conditional use.

   (B)   The Planning Board may:

      (1)   Participate in the exercise and review of programs or plans required by State or Federal law or regulation.

      (2)   Assemble data on a continuing basis as part of a continuous planning process.

      (3)   Perform such other advisory duties as may be requested of it by the Township Committee.

(Ord. 945-99, passed 9-13-99)

      (1)   The Planning Board shall elect a chairperson and vice-chairperson from one of its members of Class IV.

      (2)   The Planning Board shall select a secretary who may or may not be a member or a municipal employee.

      (3)   The Township Committee shall make provision in its budget and appropriate funds for the expenses of the Planning Board.

      (4)   The Planning Board may employ, or contract for, and fix the compensation of legal counsel, other than the municipal attorney, and experts and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.

      (5)   The Township Committee may establish in the Salary Ordinance a manner of compensation and reimbursement of expenses for members and alternates of the Planning Board.

      (1)   The Planning Board may make available to the Environmental Advisory Board an informational copy of applications submitted for development, although failure on the part of the Planning Board to make such informational copy available to the Environmental Advisory Board shall not invalidate any hearing or procedure.

      (2)   The Planning Board may establish a Development Review Committee. The Development Review Committee may consist of the Administrative Officer, the Planning Board Engineer, the Planning Board Planner, the Planning Board Solicitor, the Construction Official, a representative of the Township Police Department, the Township Fire Marshall, and any two members of the Planning Board so designated by the Planning Board Chairperson.

(Ord. 945-99, passed 9-13-99)

      (1)   The Township Committee shall appoint seven members of the Zoning Board of Adjustment and may appoint two members, who shall be designated "Alternate No. 1" and "Alternate No. 2".

         (a)   Members and alternates of the Zoning Board of Adjustment existent under the prior zoning ordinance shall retain their membership and their terms shall continue until their term would have expired under the prior ordinance.

         (b)   New appointments to the Zoning Board of Adjustment shall be for a term of four years for members and two years for alternates; except in the case of a vacancy created by the resignation or removal of a member or alternate, the appointment shall be for the duration of the unexpired term.

         (c)   No member of the Zoning Board of Adjustment may hold any elective office or position within the township.

      (2)   Members and alternates shall not participate in any hearing in which they have, either directly or indirectly, any personal or financial interest.

      (3)   Any member or alternate may, after public hearing if he or she requests it, be removed by the Township Committee for cause.

      (4)   The Zoning Board of Adjustment shall organize annually and elect a chairman and vice-chairman from its members.

      (5)   The Zoning Board of Adjustment shall select a secretary who may or may not be a member or a municipal employee.

         (a)   Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member.

         (b)   A vote shall not be delayed to permit the voting of an absent regular member.

         (c)   In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

      (7)   Substitute members. If the Zoning Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due the member's personal or financial interests therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Zoning Board of Adjustment. The Class IV members of the Planning Board shall be chosen in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter. If a choice has to be made between Class IV members of equal seniority, the Chairperson of the Planning Board shall make the choice.

(Ord. 945-99, passed 9-13-99)

   (A)   The Zoning Board of Adjustment shall have the power to:

      (1)   Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the zoning provisions of this chapter.

      (2)   Hear and decide requests for interpretation of the zoning map, zoning provisions of this chapter, official map, or for decisions upon other special questions upon which the Board is authorized to pass.

      (3)   Hear and decide variance requests pertaining to:

            1.   Where (A) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (B) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (C) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or structures lawfully existing thereon, the strict application of any regulation or the zoning provisions of this title would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the applicant for development of such property, grant a variance from such strict application of such regulations or zoning provisions so as to relieve such difficulties or hardship.

            2.   Wherein in an application or appeal relating to a specific piece of property the purposes of the Municipal Land Use Law would be advanced by a deviation from the regulations or zoning provisions of this title and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from the regulations or zoning provisions of this title; provided; however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this section and provided that no variance covered by subsection 156.004(A)(3)(b) below shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to this chapter.

            1.   A use or principal structure in a district restricted against such use or principal structure.

            2.   An expansion of a non-conforming use.

            3.   Deviation from a specification or standard pertaining solely to a conditional use.

            4.   An increase in the permitted floor area ratio.

            5.   An increase in the permitted density, except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision.

            6.   A height of a principal structure which exceeds by ten (10) feet or ten percent (10%) the maximum height permitted in the district for a principal structure.Variances granted under this subsection shall be granted only by affirmative vote of at least five members. No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning provisions of this chapter.

      (4)   Exercise such other powers which are authorized by N.J.S.A. 40:55D-76.

(Ord. 945-99, passed 9-13-99; Am. Ord. 24-00, passed 9-11-00)

      (1)   The Zoning Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its finding on the zoning provisions of this chapter which were the subject of variance requests. The report shall contain recommendations of the Zoning Board of Adjustment relative to amendment or revisions to the zoning provisions of this chapter, if any. The report shall be sent to both the Township Committee and the Planning Board.

      (1)   The Township Committee shall make provisions in its budget and appropriate funds for the expenses of the Zoning Board of Adjustment.

      (2)   The Zoning Board of Adjustment may employ, or contract for, and fix the compensation of legal counsel, other than the Township Solicitor, and experts and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.

      (3)   The Township Committee may establish in the Salary Ordinance a manner of compensation and reimbursement of expenses for members of the Zoning Board of Adjustment.

(Ord. 945-99, passed 9-13-99)

      (1)   Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Administrative Officer of the Township based on or made in the enforcement of the zoning provisions of this chapter or the official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the Administrative Officer, specifying the grounds of such appeal. The Administrative Officer shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

      (2)   A applicant may file an application for development with the Zoning Board of Adjustment for action under any of its powers without prior application to the Administrative Officer.

      (1)   The Zoning Board of Adjustment shall render a decision not later than 120 days after the date:

         (a)   An appeal is taken from the decision of the Administrative Officer, or

         (b)   The submission of a complete application for development to the Zoning Board of Adjustment.

      (2)   Failure of the Zoning Board of Adjustment to render a decision within the prescribed time period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant. If an applicant elects to submit separate consecutive applications for "d" variance approval and site plan, subdivision or conditional use approval, the 120 day time period for action shall apply to the application for approval of the "d" variance, and the time period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.

from the date of approval for a period of one year, unless the applicant has commenced such use within such one year period. Rights granted shall expire upon the expiration of such one year period in the event the applicant has not commenced such use, or upon the abandonment of the variance.

(Ord. 945-99, passed 9-13-99)

   (A)   Regular meetings of both the Planning Board and the Zoning Board of Adjustment shall be fixed for the entire calendar year and set for a certain time and place. Regular meetings shall be scheduled no less than once a month and shall be held as scheduled unless cancelled for lack of application for development to process.

   (B)   Special meetings may be held at the call of the Chairman or on the request of any two Board members, and which shall be held on notice to its members and the public in accordance with all legal requirements.

   (C)   No action shall be taken at any meeting without a quorum being present, said quorum to be the majority of the full authorized membership of the Board.

   (E)   All regular and special meetings shall be open to the public and notice of all such meetings shall be given in accordance with state requirements.

   (F)   Minutes of every regular and special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party shall be charged a reasonable fee for the reproduction of the minutes as established by ordinance adopted annually by the Township Committee.

(Ord. 945-99, passed 9-13-99)

   (A)   The Planning Board or the Zoning Board of Adjustment, as the case may be, shall hold a hearing on each application for development. Each Board shall make rules governing such hearings.

   (B)   Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten days before the date of the hearing during normal business hours in the office of the Administrative Officer. The applicant may produce other documents, records, or testimony at the hearing to substantiate, clarify, or supplement the previously filed maps and documents.

   (D)   The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and reasonable limitations as to time and number of witnesses.

   (E)   A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made either by stenographic, mechanical or electrical means. The township shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his or her expense, provided that the charge for a transcript shall not exceed the maximum amount permitted in N.J.S.A. 2A:11-15. Each transcript shall be certified in writing by the transcriber to be accurate.

   (F)   If an applicant desires a certified court reporter, the costs of taking testimony and transcribing it and providing a copy of the transcript to the township or court shall be at the expense of the applicant, who shall also arrange for the attendance by the reporter. All costs for transcription of the record before the applicable Board shall be the entire and sole obligation of the applicant or appellant, whichever requests the transcript. The obligation to obtain and pay for such transcript shall be solely that of the applicant or appellant who requests the transcript.

(Ord. 945-99, passed 9-13-99)

   (A)   Public notice of a hearing shall be given by the applicant for the following applications for development:

      (1)   Any request for a variance.

      (2)   Any request for conditional use approval.

      (3)   Any request for issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street.

      (4)   Any request for minor or major site plan and/or subdivision approval.

      (5)   Any request for amendment to preliminary approval of a major subdivision or preliminary approval of a major site plan, or change of use.

      (6)   Any request for approval of a general development plan.

      (7)   Any application for a site plan waiver.

      (8)   Any application for appeal to the Zoning Board from the determination or decision of the Administrative Officer.

      (9)   Any hearing before either Board on remand of a court case.

   (B)   The Administrative Officer or his designee shall notify the applicant, at least two weeks prior to the public hearing at which the application will be discussed, of the date of such public hearing. Notice of a hearing requiring public notice shall be given by the applicant at least ten days prior to the date of the hearing in the following manner:

      (1)   By publication in the official newspaper of the township, if there is one, or in a newspaper of general circulation in the township.

      (2)   By notice to all owners of real property located in the state and within 200 feet in all

directions of the property which is the subject of the hearing, as such owners are shown in the current tax duplicate, provided that this requirement shall be deemed satisfied by notice to the (a) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (b) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy on the property owner, as shown on the current tax duplicate, or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. It is not required that a return receipt is obtained as notice is deemed complete upon mailing.

      (3)   Notice to partnership owner may be made by service to any partner. Notice to a corporate owner may be made by service upon its president, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowner's association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the public hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.

      (4)   To the clerk of any adjoining municipality or municipalities when the application for development involves property located within 200 feet of said municipality or municipalities. Notice shall be given by personal service or certified mail.

      (5)   To the Camden County Planning Board when the application for development involves property adjacent to an existing county road or proposed road shown on the County Official Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary. Notice shall be given by personal service or certified mail.

      (6)   To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway. Notice shall be given by personal service or certified mail.

      (7)   To the State Planning Commission when the application for development involves property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be filed with the township.

   (C)   Upon the written request of an applicant, the Administrative Officer shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners within the township to whom the applicant is required to give notice. In addition, the Administrative Officer or his designee shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to subsection B.8. of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name, or $10.00, whichever, is greater, may be charged for such list.

   (D)   The applicant shall file an affidavit of proof of service with the Planning Board or the Zoning Board of Adjustment, as the case may be, no later than five days prior to the hearing date.

   (E)   The notice shall state the date, time and place of the hearing, the nature of the matters to be considered, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available for inspection.

(Ord. 945-99, passed 9-13-99)

   (A)   The Board shall include findings of fact and conclusions of law based thereon in each decision on any application for development and shall reduce the decision to writing.

   (B)   The Board may provide such written decision and findings and conclusions of law either on the date of the meeting at which the Board grants or denies approval or, within 45 days of such meeting, by the adoption of a resolution of memorialization setting forth the decision and findings and conclusions of the Board.

   (C)   Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application. Any action resulting from the failure of a motion to approve the application shall be memorialized by resolution as provided above.

   (D)   The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of the majority of the Board members who voted for the action previously taken, and no other member shall vote thereon. The vote of such a resolution shall be deemed to be a memorialization of an action taken by the Board and not to be an action of the Board. If the Board fails to so adopt a resolution, any interested party may apply to the Superior Court in a summary manner for an order in accordance with N.J.S.A. 40:55D-10(g)(2).

   (E)   Whenever a memorialization is adopted, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings, and publications specified in § 156.013 of this chapter.

(Ord. 945-99, passed 9-13-99)

   All appeals of decisions made by the Planning Board or the Zoning Board of Adjustment shall be taken directly to the Superior Court of New Jersey and not to the Voorhees Township Committee.

(Ord. 945-99, passed 9-13-99)

   (A)   Notice of any decision of the Planning Board or the Zoning Board of Adjustment when acting upon an application for development and any decisions of the Township Committee when acting upon an appeal shall be given in the following manner:

      (1)   A copy of the decision shall be mailed by the municipal agency within ten days of the date of the decision to the applicant or appellant or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed within ten days to any interested party who has requested it and who has paid the required fee.

      (2)   A brief notice of the decision shall be published in the official newspaper of the township. Such publications shall be arranged by the Secretary of the Planning Board, the Secretary of the Zoning Board of Adjustment or the Township Clerk, as the case may be, without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within ten days of the date of the decision.

      (3)   A copy of the decision shall also be filed in the office of the Administrative Officer, who shall make a copy of such filed decision available to any interested party upon payment of a reasonable fee and available for public inspection at the office during business hours.

(Ord. 945-99, passed 9-13-99)

      (1)   Any change of use is subject to site plan review and approval.

      (2)   Any excavation, removal of soil, clearing of a site or placing of any fill on lands contemplated for development is subject to site plan review and approval.

      (3)   No construction permit shall be issued for any new structure or use or for an addition, reduction, enlargement or other alteration to an existing structure, including accessory structures, until a site plan has been reviewed and approved by the appropriate reviewing board.

   (F)   Site plan waiver. The reviewing board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review. The applicant must specifically apply for such waiver and pay all required fees with respect to such application.

(Ord. 945-99, passed 9-13-99)

for herein are recommended for the purpose of expediting the review process and reducing development costs.

      (1)   Any applicant may meet with the Administrative Officer or his/her designee without the payment of any fees and without obligation.

      (2)   A pre-application conference may be used to provide the applicant with an overview of the substantive and procedural aspects of the development review process, to provide insight as to the acceptability of the proposed plan, and to offer suggestions for the improvement of said plan.

      (3)   The applicant may be required to secure an appointment with the Administrative Officer in advance of the pre-application conference and to submit a sketch plan of the proposed application. The conference shall be held within 14 days of requesting an appointment unless the Administrative Officer is unavailable because of illness, vacation, or similar reason.

      (4)   For the purpose of the pre-application conference only, the sketch plan need not be drawn to scale nor be prepared by a licensed engineer, surveyor, architect, landscape architect, or planner but shall contain sufficient information from a tax map or other source to enable the Administrative Officer to determine the suitability of the proposal in relation to the standards of this chapter.

      (5)   The pre-application conference is a good-faith meeting between the applicant and the Administrative Officer. Nothing discussed at the conference shall be binding upon either party or upon the Planning Board.

      (1)   An applicant for site plan, subdivision or general development plan approval or an applicant having a particular question which cannot be resolved at a pre-application conference may request an informal concept plan review before the Planning Board. In addition, the applicant may request to have the concept plan reviewed by the Development Review Committee, as listed in § 156.017 below.

         (a)   The concept plan shall contain sufficient detail to enable the reviewing officials to determine compliance with this chapter, including the area of all proposed lots and buildings and any dimensions necessary to determine zoning compliance.

         (b)   Roadway and street widths shall be noted but fully engineered plans for street, drainage, and other utility or infrastructure systems shall not be required.

         (c)   The required number of concept plans to be submitted by the applicant shall be determined by the Administrative Officer, but in no case shall be fewer than 24 plans.

      (3)   The applicant shall be required to submit application fees for an informal concept review before the Planning Board, however, the applicant shall only be required to post escrow fees for the review services of the township's professional consultants if such review is so requested by the applicant. At the conclusion of the concept review process, any unexpended escrow fees will be returned.

      (4)   An applicant desiring to have a concept plan informally reviewed by the Planning Board shall so notify the Secretary of the Planning Board, which notice must be received no later than 14 days prior to the meeting of the Planning Board at which the review will take place. The Secretary of the Planning Board shall notify the applicant of the date, time and place which has been scheduled by the Planning Board for the informal review.

      (5)   An applicant desiring to have a concept plan informally reviewed by the Development Review Committee shall so notify the Administrative Officer. The Administrative Officer will either schedule the applicant for a regularly scheduled Development Review Committee meeting (if the concept plan is submitted at least three weeks prior to the regularly scheduled Development Review Committee meeting), or a specially called meeting may be set by the Administrative Officer within three weeks of the concept plan submission if a mutually agreeable time may be established by all parties.

      (6)   Nothing in the concept review process shall be binding upon either the applicant, committee members, or the Planning Board.

(Ord. 945-99, passed 9-13-99)

   (A)   All formal applications for approval, including minor subdivisions and site plans, preliminary or final major subdivisions and site plans, general development plans, change of use applications, and conceptual use plans, shall be submitted with forms provided by the Administrative Officer. The Administrative Officer shall also provide the applicant with a copy of the checklist for completeness which is contained in Chapter 158, and a copy of the environment impact statement requirements, which are set forth in § 158.04, and a copy of the sustainable development statement requirements, which are set forth in § 158.05. The completed application forms shall be accompanied by all required plans, supporting documentation, application fees and required escrow fees.

      (1)   Plans and supporting documentation must contain all information herein required for the type of approval requested. Where there is a question as to classification of the plan, the applicant may seek advice from the Administrative Officer. Failure to provide all required information will result in the plan being declared incomplete.

      (2)   Twenty copies of all plans and supporting documentation (unless a lesser or larger number, including those copies necessary such that the members of the Environmental Commission shall receive sufficient copies in accordance with § 32.034 of the Township Code, is requested by the Administrative Officer) and the completed application forms shall be submitted by the applicant to the Administrative Officer, whereupon the Administrative Officer or his or her representative shall date stamp the plans upon receipt. This date shall be considered the official submission date.

   (C)   Upon receipt of an application, the Administrative Officer shall screen the material and determine completeness relative to the details required by the appropriate development checklist in this chapter. The Administrative Officer may also review the application with the reviewing board engineer or such other parties as the Administrative Officer may deem appropriate. The Administrative Officer shall thereafter either determine the application to be incomplete or determine that the application is substantially complete.

      (1)   Should the Administrative Officer determine that the application is incomplete, the reasons for such determination shall be specified in writing to the applicant, and an appropriately revised plan may thereafter be submitted to the Administrative Officer as in the first instance.

      (2)   If the Administrative Officer determines the application to be substantially complete, the Administrative Officer shall schedule it as follows:

         (a)   If complete with major revisions needed, the Administrative Officer shall notify the applicant in writing of the date revised plans must be resubmitted for the application to be scheduled for the next regularly scheduled meeting of the Development Review Committee.

         (b)   If complete with minor revisions needed, the Administrative Officer shall state the date revised plans must be resubmitted by the applicant for the application to be scheduled for the next regularly scheduled Development Review Committee meeting for which space is available on the agenda. In no case shall action be delayed for longer than the period prescribed by the Municipal Land Use Law unless the applicant has waived the time limits in writing or orally when the waiver is recorded by means of an electronic recording device.

         (c)   If complete with no revisions needed, the Administrative Officer shall schedule the application for the next regularly scheduled Development Review Committee for which space is available on the agenda. In no case shall action be delayed for longer than the period prescribed by the Municipal Land Use Law unless the applicant has waived the time limits in writing or orally when the waiver is recorded by means of an electronic recording.

   (D)   The following certifications are required before an application is heard by the Development Review Committee or the reviewing board:

      (1)   All taxes due to the township on the property for which application is made must be paid in full. Any outstanding tax liens held by the township must be paid in full.

      (2)   Sufficient monies are in the escrow account to cover the cost of professional reviews.

      (3)   Where applicable, the applicant shall submit a certification at the time of the Development Review Committee meeting that the plan has been submitted for review by appropriate outside agencies such as the New Jersey Department of Environmental Protection and Energy in the case of potential wetlands or stream encroachment, the Camden County Board of Health where septic systems are proposed, the Camden County Planning Board when the proposal has frontage on a county road, the New Jersey Department of Transportation when the proposal has frontage on a state highway, and any other agency as may be directed by the Administrative Officer. A final determination by these agencies shall not be required for action by the Development Review Committee or the Planning Board, but any action taken shall be conditional upon the approval of these agencies.

   (E)   Special submission for "d" variance applications. In all applications for variances pursuant to N.J.S.A. 40:55D-70d, the applicant and owner of the property, if other than the applicant, shall each submit a Contribution Disclosure Statement completed by the applicant and the owner and, if the applicant and/or the owner is other than an individual, all persons who are subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2, and all professionals who apply for or provide testimony, plans, or reports in support of the application and who have an enforceable proprietary interest in the property or development which is the subject of the application or whose fee in whole or part is contingent upon the outcome of the application. In addition, during the pendency of the application process until final approval is granted, any applicant for a variance pursuant to N.J.S.A. 40:55D-70d shall amend all required Contribution Disclosure Statements to include continuing disclosure of all Contributions within the scope of the disclosure requirement above. All Contribution Disclosure Statements shall become part of the application and shall be available for public inspection by any member of the public.

(Ord. 945-99, passed 9-13-99; Am. Ord. 35-00, passed 12-28-00; Am. Ord. 277-16, passed 3-28-16)

   (A)   Prior to being heard by the Planning Board and/or the Zoning Board, as the case may be, all applications whether for preliminary, final, general development plan, conditional use, or change of use approval shall be presented to the Development Review Committee for review.

      (1)   The Development Review Committee meeting is a working session between the Committee and the applicant. The meeting is used to provide the applicant with a comprehensive review of his or her application, to provide insight as to the deficiencies of the plan and to offer suggestions and recommendations for the improvement of said plan, to analyze the application to help in determining completeness, and to comment on the acceptability of the proposed plan. It is not a public hearing and need not be advertised. It is not a formal review, and no minutes will be kept nor action taken. The meeting shall be chaired by the Administrative Officer.

      (2)   Attendance by the applicant and/or his representatives is not mandatory but is strongly encouraged.

      (3)   The members of the Development Review Committee will review an application and will offer comments to the applicant. The Administrative Officer and/or his/her representative will prepare a report of all the outstanding review issues that remain to be addressed by the applicant.

   (C)   Upon completion of review of an application by the Development Review Committee, the application shall be scheduled before the applicable reviewing board.

(Ord. 945-99, passed 9-13-99)

   (A)   A zoning permit and certificate of conformance must be obtained for every change of use of any non-residential premises, whether due to the sale of the entire premises or change in tenant or occupant of all or any portion of the premises, unless the new owner/tenant/occupant will continue the exact same use or extremely similar to the immediate prior use.

   (B)   The applicant must comply with § 156.010 of this chapter regarding requirements for notice of public hearings.

   (C)   In order for the reviewing board to determine if the existing site conditions will support the new use, the applicant must submit along with the change of use application, at a minimum, a copy of the most recently approved site plan for the property. In the case where an older site has never received site plan review approval and no changes are proposed, then a current survey must be submitted. The survey shall indicate the property boundaries, all structures, fencing, parking spaces, driveway aisles, drainage basins, lighting, landscaping, etc.

   (D)   The Planning Board may waive the requirement for a full site plan review submission if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review. The applicant must comply with § 156.019 below for any request for a site plan waiver.

   (E)   The Planning Board will then conduct a public hearing on the proposed change of use application. The applicant will be responsible to clearly state all aspects of the proposed use of the property.

   (F)   The reviewing board shall take action on a change of use application within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. The reviewing board will make a final determination on the application and plan based on the testimony provided to the reviewing board. Failure of the reviewing board to act within the prescribed time period shall constitute approval of the application.

   (G)   The reviewing board may condition a change of use approval upon compliance with any reasonable condition not in violation with the terms of this chapter or other applicable local, state, or federal law.

   (I)   A zoning permit will not be issued for the new use until all conditions of any reviewing board approval have been completed, the plan has been signed by the board engineer and secretary, and a signed copy has been submitted to the Zoning Officer.

   (J)   A zoning permit and certificate of conformance will not be issued for the use or occupancy of the premises until all site conditions are in conformance with the current site plan approval and Title 15.

(Ord. 945-99, passed 9-13-99)

   (A)   The applicant must comply with § 156.010 of this chapter regarding requirements for notice of a public hearing.

   (B)   The reviewing board shall take action on minor subdivisions, minor site plan and/or site plan waiver 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 reviewing board to act within the prescribed time period shall constitute approval of the application.

   (C)   Minor subdivisions, minor site plans and/or site plan waivers do not require preliminary approval and may be voted upon for final action by the reviewing board. The reviewing board may condition approval upon compliance with any reasonable condition not in violation with the terms of this chapter or other applicable local, state or federal law.

   (D)   When a minor subdivision, minor site plan or site plan waiver is approved by the Board, at least ten prints of the plat, plan or deed descriptions shall be submitted to the Board by the applicant to be signed by the Chairman and Secretary of the Board. If the minor subdivision, minor site plan or site plan waiver application is denied by the Board, the Secretary of the Board shall notify the applicant of such denial and forward the applicant a copy of the resolution adopted in accordance with this chapter, setting forth the reasons for the denial.

      (1)   The approval of a minor subdivision shall expire 190 days from the date of approval unless within such period a plat conforming to all conditions of approval is filed in conformity with the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the applicant with the County Recording Officer, the Township Engineer, and the Township Tax Assessor as required by N.J.S.A. 40:55D-1 et seq.

      (2)   The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided the approved minor subdivision shall have been duly recorded as provided in this subsection.

      (3)   If the applicant proves to the reasonable satisfaction of the Board that he or she was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other government entities and that he or she applied promptly for and diligently pursued the approvals, the Board either:

         (a)   Shall grant an extension of the approval period not to exceed one year. The applicant shall apply for this extension before: (1) what would otherwise be the expiration date, or (2) the 91st day after the applicant receives the last legally required approval from the other governmental entities, whichever occurs later; or

         (b)   May extend the 190 day period for filing a minor subdivision plat or deed pursuant to subsection § 156.019(C) above. 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 applicant may apply for the extension either before or after what would otherwise be the expiration date.

   (F)   Effect of minor site plan approval. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval. If the applicant proves to the reasonable satisfaction of the Board that he or she was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other government entities and that he or she applied promptly for and diligently pursued the approvals, the Board shall grant an extension of the approval period not to exceed one year. An applicant shall apply for this extension before: (1) what would otherwise be the expiration date, or (2) the 91st day after the date on which the applicant receives the last of the legally required approvals from the other governmental entities, whichever occurs later.

(Ord. 945-99, passed 9-13-99)

   (A)   Under certain circumstances, the Zoning Board may determine that the best interests of the township and its residents can be served if certain uses, which are otherwise prohibited by the provisions of Chapter 152 of this ULDO, are permitted but only as a temporary basis for a limited duration.

   (B)   No temporary use permit may be issued unless the applicant establishes to the satisfaction of the Zoning Board the following:

      (1)   Such use will not have a detrimental effect upon the uses of land and activities permitted in the zone.

      (2)   Such use will contribute materially to the welfare of the community under conditions peculiar to the time and place involved.

   (C)   Under these conditions and subject to all procedures for change of use set forth in § 156.018 above, the Zoning Board may issue a temporary use permit for a period not to exceed two years, such period to be extended not more than once for an additional period of two years upon a finding by the Zoning Board that subsections (B)(1) and (2) above have been satisfied or that the welfare of the community will be served by the issuance of such permit.

   (D)   Applications for temporary use permits shall be made to the Zoning Officer, and notice shall be given in accordance with § 156.010 above. An application fee as established annually by the Township Committee shall be paid to the Zoning Officer with applications for temporary use permits.

(Ord. 945-99, passed 9-13-99; Am. Ord. 956-99, passed 11-8-99)

   (A)   The applicant must comply with § 156.010 of this chapter regarding requirements for notice of a public hearing.

   (B)   The Planning Board shall take action on a preliminary major site plan application involving ten acres of land or less and ten dwelling units or less and/or a preliminary major subdivision application involving ten 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. Provided, however, that the Planning Board shall take action on a preliminary major site plan or subdivision application which includes a request for relief pursuant to N.J.S.A. 40:55-D-60 within 120 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the prescribed time period shall constitute approval of the application.

   (C)   The Planning Board shall take action on a preliminary major site plan application involving more than ten acres of land or more than ten dwelling units and/or a preliminary major subdivision application involving more than ten lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Provided, however, that the Planning Board shall take action on a preliminary major site plan or subdivision application which includes a request for relief pursuant to N.J.S.A. 40:55D-60 within 120 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the prescribed time period shall constitute approval of the application.

   (D)   The Zoning Board of Adjustment shall take action on a preliminary major site plan or subdivision application which includes a request for relief pursuant to N.J.S.A. 40:55D-70d. within 120 days after the application has been certified complete or within such further time as may be consented to by the applicant. In the event that the applicant elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. Failure of the Zoning Board of Adjustment to act within the prescribed time period shall constitute approval of the application.

   (E)   The Board may condition preliminary major subdivision or site plan approval upon compliance with any reasonable condition not in violation with the terms of this chapter or other applicable local, state, or federal law.

   (F)   When a preliminary major subdivision or site plan is approved by the Board, at least ten prints of the plat or plan shall be submitted to the Board by the applicant to be signed by the Chairman and Secretary of the Board and the Township Engineer. If the preliminary major subdivision or site plan application is denied by the Board, the Secretary of the Board shall notify the applicant of such denial and forward the applicant a copy of the resolution adopted in accordance with this chapter, setting forth the reasons for the denial.

      (1)   The preliminary approval of a subdivision or site plan shall, except as provided in subsection (d) of this section, confer 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 sidewalks; lot size; yard dimensions, and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the township from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety;

         (b)   That the applicant may submit an application for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; and

         (c)   That the applicant may apply for, and the Planning Board may grant, an extension of the 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.

         (d)   In the case of a subdivision of, or site plan for, an area of 50 acres or more, the Planning Board may grant the rights referred to in subsections (a), (b), and (c) of this section for a reasonable period of greater than three years, but not more than seven years. The applicant may apply for thereafter, and the Planning Board may thereafter grant an extension of the preliminary approval for not more than three additional one year periods, provided that if the design standards have been revised by ordinance, such revised standards may govern. The granting of this extended approval period shall be based upon the Planning Board's consideration of such factors as:

            (1)   The total number of dwelling units and/or square footage of non-residential area proposed;

            (2)   Economic conditions; and

            (3)   The comprehensiveness of the development.

         (e)   Whenever the Planning Board grants an extension of preliminary approval pursuant to § 156.021(G)(1)(c) or § 156.021(G)(1)(d) of this section 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 applicant may apply for the extension either before or after what would otherwise be the expiration date.

         (f)   The Planning 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 applicant proves to the reasonable satisfaction of the Board that he or she was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entitles and that the applicant applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before (1) what would otherwise be the expiration date of preliminary approval or (2) the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later.

      (1)   The Planning Board may, as its discretion, approve a request from an applicant to concurrently consider preliminary and final subdivision and/or site plan approval provided that:

         (a)   The application does not involve the construction of a new street.

         (b)   The application involves the creation of ten or fewer lots.

         (c)   The total square footage of non-residential construction involves less than 25,000 square feet of floor area and less than 30,000 square feet of impervious surface.

      (2)   The approval procedures for final approval shall be followed by the Planning Board as noted in § 156.022 below.

(Ord. 945-99, passed 9-13-99)

   (A)   The Planning Board shall take action on a final major site plan or subdivision application 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 Planning Board to act within the prescribed time period shall constitute approval of the application.

   (B)   The Planning Board may condition approval upon compliance with any reasonable condition not in violation with the terms of this ordinance or other applicable local, state, or federal law.

   (C)   All final plans shall be revised to incorporate any conditions of approval and, when all such conditions have been met, ten copies of the revised final plat shall be submitted to the Administrative Officer to be signed by the Chairman and Secretary of the Planning Board.

      (1)   The zoning requirements applicable to the preliminary approval first granted and all other rights granted to the applicant pursuant to the preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted; provided that the applicant has duly recorded the major subdivision plant as provided for in N.J.S.A. 40:55D-54.

      (2)   If the applicant has duly recorded the major subdivision plat as provided for in N.J.S.A. 40:55D-54, the Planning Board may grant an extension of the final approval for not more than three additional one year periods.

      (4)   In the case of a subdivision or site plan for a planned development of 50 acres or more, a conventional subdivision or site plan for 150 acres or more, or site plan for development of nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in § 156.022(E)(1) and 156.022(E)(2) above for a reasonable period of greater than two years, but not more than seven years. The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration:

         (a)   The total number of dwelling units and/or square footage of non-residential floor area which is proposed;

         (b)   Economic conditions; and

         (c)   The comprehensiveness of the development.

      (5)   Whenever the Planning Board grants an extension of final approval pursuant to § 156.022(E)(1), § 156.022(E)(2) § 156.022(E)(4) above 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 applicant may apply for the extension either before or after what would otherwise be the expiration date.

      (6)   The Planning 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 applicant proves to the reasonable satisfaction of the Board that he or she 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 he or she applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before (a) what would otherwise be the expiration date of preliminary approval or (b) the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later.

      (7)   All final approvals are conditioned upon submission of required bonds or other surety of a form satisfactory to the township, as prescribed in § 156.30 below. If required street, utility, and similar improvements are not constructed, the township may call said bond or surety and use its proceeds to construct said improvements at the applicant's expense.

(Ord. 945-99, passed 9-13-99)

   (A)   The applicant must comply with § 156.010 of this chapter regarding requirements for notice of a public hearing.

   (B)   The Planning Board may condition conditional use approval upon compliance with any reasonable condition not in violation with the terms of this chapter or other applicable local, state or federal laws.

   (C)   The Planning Board shall take action on an application for a conditional use within 95 days of submission of a complete application or within such further time as may be consented to by the applicant.

      (1)   This time period shall be extended to be concurrent with the review of a site plan application.

      (2)   An approval shall be conditioned upon receipt of a favorable recommendation from the County Planning Board or other appropriate agency.

      (3)   Failure to render a timely decision shall be deemed an approval, as required by N.J.S.A. 40:55D-67.

(Ord. 945-99, passed 9-13-99)

      (1)   Applicants of large tracts of land shall be permitted to file a GDP application prior to, or simultaneously with, the filing of a preliminary subdivision or site plan application provided all the requirements are met for each form of application. For purposes of this chapter, "large tracts of land" as used herein shall mean tracts of 100 acres or greater.

      (2)   Applicants may submit GDP plans for review and approval simultaneously with separate site plan and/or subdivision applications which may, or may not, contain conditional use and/or variance requests for any phase of the GDP.

      (1)   The applicant shall file with the Administrative Officer at least 21 days prior to the meeting of the reviewing board at which such application is to be considered: 15 black-on-white copies of the GDP in plat form together with any supporting data, two completed copies of the application form, two copies of the Voorhees Township Land Development Review Submission Checklist indicating a submission of all requirements for GDP approval along with two copies of all items required for such approval as set forth on such checklist and the applicable fees. All plats shall be folded to file folder size with the title block facing out.

      (2)   The plat and accompanying written and other data, and reports, shall be prepared by appropriate professional experts, licensed by the State of New Jersey when applicable, in sufficient detail to allow for reasonable review by the reviewing board's own experts at the applicants expense and shall include the following:

         (a)   Be clearly and legibly drawn.

         (b)   Graphic scale not less than one inch equals 200 feet. If more than one sheet is required, a separate sheet showing the overall site on one sheet shall be submitted as a cover page to the complete set of plans. Sheet sizes shall be no larger than 36 inches by 42 inches.

         (c)   As part of the land use plan, the GDP shall set forth the number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ratio for the planned development, in its entirety, and by sections according to any schedule which sets forth the timing of sections of the development. The proposed land use plan shall indicate the total tract area and the general locations of the land uses to be included in the development, including existing and proposed lot lines and the area of each lot. The total number of dwelling units by types and locations and the nonresidential floor area by types and location shall be delineated on the overall plan, and identified according to any proposed sections of development according to a timing schedule. A legend shall identify the land area devoted to each land use type with a calculation of the residential density and the gross floor area within each section and in the overall tract.

         (d)   A circulation plan showing the general location and types of transportation facilities including pedestrian ways, off-street parking and loading spaces, aisles, driveways, and streets, as well as proposed improvements to the existing transportation and highway system, either on-site or off-tract, along with a report analyzing the impact of traffic generated by the proposed GDP on nearby roadways.

         (e)   An open space plan showing the proposed area and general location of parks and any other land area to be set aside for open space, wetlands, other conservation areas, recreational areas, and buffer areas together with a general description of any improvements proposed to be made thereon, including a plan for the operation and maintenance of these areas and the design and layout of landscaping as required by the Township Landscape Ordinance. The submission shall include the proposed governing documents and bylaws of any homeowners, community or condominium association to be established.

         (f)   A utility plan indicating the need for and showing the proposed locations of the sewage collection and treatment system; water supply and distribution system, drainage facilities, gas, CATV, telephone and electric supplies, lighting, proposed methods of handling solid waste disposal, the recycling of recyclable materials, and a plan for the operation and maintenance of the proposed utilities.

         (g)   The proposed, schematic stormwater management plan and topographical survey setting forth the proposed method of controlling and managing storm water on-site and, if appropriate, related off-tract stormwater management facilities.

         (h)   An environmental inventory including a general description of the vegetation and any major wooded areas; soil types; topography; geology; surface hydrology including wetlands and wetland buffer areas, stream corridors, floodways and flood hazard areas; climate; cultural resources of the site; existing and manmade structures or features; and the probable impact of the development on the environmental attributes of the site.

         (i)   A community facility plan indicating the scope and type of supporting community facilities which may include, but not be limited to, educational, cultural, historic, library, hospital, fire house, police station, and recreation uses.

         (j)   A housing plan setting forth the number of housing units to be provided and the extent to which any housing obligation assigned to the township under the Fair Housing Act and the rules of the Council on Affordable Housing will be provided by the development, if applicable.

         (k)   A local service plan indicating those public services which the applicant proposes to provide and which may include, but are not limited to, water service, sewage collection and treatment, electric, gas, telephone service, cable TV, solid waste collection and disposal, and a plan for separation and recycling of recyclable materials sufficient to allow a determination that adequate capacity exists for such utilities.

         (l)   A fiscal report estimating the demand on municipal services to be generated by the development and any financial impacts to be faced by the township or the local and regional school districts as a result of the development including a projection of tax revenues for the township, local and regional school districts, fire district and county according to a projected timing schedule for completion of the development.

         (m)   A proposed timing schedule including the terms and conditions intended to protect the interests of the public and of the residents and nonresident occupants of any section of the development prior to completion of each section as well as prior to completion of the entire development. Each section of the development shall coordinate the applicant's interest with the public interest in such things as the size of each phase, financing costs, bonding and mixed uses with logical infrastructure improvements that function properly at the end of each section. Logical infrastructure shall include, but not be limited to, the water distribution system and fire hydrants, sewage collection and treatment system, coordinated on-site circulation systems, off-tract road improvements, dedicated open space, stabilized soil, and stormwater control facilities.

         (n)   An estimate of the cost of completing required public and common services including recreational amenities, circulation system improvements, utility lines, community facilities, and such other improvements as may be deemed necessary. This estimate shall include the cost of all on-site improvements and a fair share of all required off-site improvements.

         (o)   A written, proposed, Applicant's Agreement between the township and the applicant or its assignees. A draft agreement shall be initiated by the applicant and submitted simultaneously with the GDP application. Any revised draft shall be based upon the approval of the GDP and shall be submitted prior to or as part of a preliminary and/or final subdivision or site plan approval for any phase or section of the development. The final agreement shall be executed following, but as a condition of, final subdivision or site plan approval of any phase or section of the development, and shall thereafter be amended, as appropriate, for each subsequent phase or section of the development. The agreement shall specify:

            1.   The length of time within which the zoning rights are vested, not to exceed the period(s) set forth in the reviewing board's resolution approving the GDP and in paragraph (D)(5) of this section; and

            2.   The applicant's commitments to completing any applicable infrastructure improvements, community facilities, and, if applicable, the method of participating in the township's housing program.

            3.   Subject to the rights of the applicant pursuant to N.J.S.A. 40:55D-45.1a and as referenced above, the applicant's obligation to reasonably remedy environmental or infrastructure problems identified by the township and required to be remedied as a result of changes in applicable state or Federal laws, ordinances or regulations.

            4.   The applicant's commitment to a phasing or timing schedule that includes updating of traffic, water, sewer and similar facilities as referenced in § 156.024(C)(2)(o)2. and 3. above as part of the submission of each preliminary and final plat for each phase or section of the development in order to make any necessary adjustments to the timing schedule and/or on-site or off-tract improvements for the overall GDP based on actual experience rather than initial projections. The agreement may provide the reviewing board with the right to relieve the applicant of all or portions of this obligation depending on how current the previous submissions and the data have been, how much development has occurred either on-site or in nearby areas and the degree to which other conditions affecting the issues may have changed.

            5.   The form of agreement shall contain the right of the township to require the applicant to provide updating or prior studies at each phase of the development and to pay the costs of increased or decreased fair share of on-site and off-tract improvements which are required by the applicable law governing such improvements based upon the pro-rata share assigned to the applicant, in order to deal with the need to accelerate, add, reduce or eliminate those improvements directly due to the development.

            6.   The form of agreement shall provide for cooperation in the execution of endorsements relating to permits for Federal, State, County or other governmental agencies, as permitted by law. The Applicant's Agreement executed pursuant to this § 156.024(C)(2)(o) shall be recorded against the property upon which the GDP approval is being obtained. Evidence of such recording acceptable to the Township Solicitor must be given by the Township Clerk before the Township Clerk may sign the final site plan or subdivision plans. The Applicant's Agreement executed and recorded by the applicant pursuant to this § 156.024(C)(2)(o), shall be in addition to, and not in substitution of, the Applicant's Agreement required pursuant to § 156.032 of the Township Code.

         (p)   Nothing herein shall be construed to lessen the applicant's obligation to abide by applicable State or Federal laws, ordinances and regulations such as environmental, infrastructure, and housing requirements which changes might require modification to the GDP approval relating to construction, funding, phasing, and/or site plan design.

(Ord. 945-99, passed 9-13-99)

   (A)   Prior to GDP approval, the reviewing board shall schedule and conduct a public hearing on the matter. The applicant must comply with § 156.010 of this chapter regarding the requests for notice of a public hearing.

   (B)   The reviewing board shall approve or deny the GDP within 95 days of submitting a complete application, or within such further time as may be consented to by the applicant. Failure of the reviewing board to act within the period prescribed shall constitute GDP approval. A GDP may be granted approval conditioned on necessary county, state, municipal, or other approving or licensing agencies acting favorably on, or issuing, their permits and/or licenses as may be required.

   (C)   The GDP approval does not authorize the applicant to commence either construction or site work. The applicant must obtain subdivision and/or site plan approval, as applicable, prior to the commencement of either construction or site work.

   (D)   The reviewing board shall find the following facts and conclusions as part of a GDP approval:

      (1)   The departures by the proposed GDP from zoning otherwise applicable to the subject property conform to zoning ordinance standards set forth for the GDP planned development for the zone in which the property is located.

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

      (3)   That provisions through the physical design of the proposed GDP for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.

      (4)   The proposed GDP will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

      (5)   That a GDP proposed to be constructed over a period of years has adequate 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.

   (E)   The reviewing board shall establish the term and effect of the GDP. The GDP, once approved, shall vest in the applicant the right to develop the specified number of dwelling units, the amount of nonresidential floor space, the residential density, and the nonresidential floor area ratio, as authorized by and for the term set forth in the GDP. The terms and conditions of the GDP shall also, to the extent specified, determine the extent and nature of the applicant's rights, obligations and responsibilities with respect to circulation, on and off tract improvements, open space, utilities, stormwater management, environmental preservation, community facilities, housing and local services.

      (1)   The term of effect shall not exceed 20 years from the date the applicant receives final approval of the first section of the GDP, or such lesser time approved by the reviewing board provided the approval period is at least five years. In making its determination regarding the duration of the term of effect of the GDP approval, the reviewing board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the applicant's capability of completing the proposed development, and the contents of the GDP and any conditions the reviewing board attaches to the approval thereof.

      (2)   The approval may be extended by the Planning Board for good cause for additional two year periods but the Planning Board shall have the right to include with each extension a requirement that the applicant comply with such additional conditions as the Planning Board may deem appropriate and in the public interest. In no case shall the term of the effect of the approval and any extensions exceed 20 years from the date upon which the applicant receives final approval of the first section of the planned development.

      (3)   The applicant shall, to the satisfaction of the township, construct required improvements or post sufficient bond, notes, or letters of credit, to insure that, in the event that the development is not fully developed prior to the expiration of the general development plan, that adequate recreational, circulation, utility, and community facilities shall be provided to the residents and occupants of those portions of the development which are completed.

      (4)   Approval of the general development plan does not relieve the applicant of the necessity to apply for preliminary and final site plan or subdivision approval for each and every section of the development and to fully comply with the requirements of this chapter.

      (5)   The Planning Board may condition approval upon compliance with any reasonable condition not in violation of the terms of this chapter or other applicable local, state or federal laws.

   (A)   If, after the approval of a GDP, the applicant wishes to revise the timing schedule, or wishes to make any variation in the location of land uses within the development, or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the development, the applicant shall be required to gain the prior approval of the reviewing board, except that the applicant may reduce the number of residential units or amount of nonresidential floor space by no more than 15%, or reduce the residential density or nonresidential floor area ratio by no more than 15% provided, however, that an applicant may not reduce the number of low and moderate income residential units to be provided, if any, without the prior approval of the reviewing board, and provided further there shall be no reduction in the level of improvements, off-tract contributions, or similar conditions of the GDP without prior approval of the reviewing board.

   (B)   A revision to the timing schedule shall be reviewed by the reviewing board and the granting or denial of any extensions of time shall be based on the degree to which matters are judged to be, or to have been, within the reasonable control of the applicant, or the degree to which matters may have been beyond the control of the applicant. The reviewing board shall also consider the items outlined in § 156.025(D) above as part of any revision to the timing schedule.

   (C)   Upon acquiring a certificate of occupancy for every residential unit and every nonresidential structure in each section of the development as set forth in the approved GDP, the applicant shall notify the Administrative Officer, by certified mail, as evidence that the applicant is fulfilling his obligations under the approved GDP. If the township does not receive such notification at the completion of any section of the development, the township shall notify the applicant, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.

   (D)   If the applicant does not complete any section of development within eight months of the date provided for in the approved GDP, or if at any time the township has cause to believe that the applicant is not fulfilling his obligations pursuant to the approved GDP, the township shall notify the applicant, by certified mail, and the applicant shall have ten days within which to give evidence that he is fulfilling his obligations pursuant to the approved GDP. The township thereafter shall conduct a hearing to determine whether or not the applicant is in violation of the approved GDP. If after the hearing, the township finds good cause to terminate the approval, it shall provide written notice of same to the applicant and the approval shall be terminated 30 days thereafter.

   (E)   In the event that a applicant who has GDP approval does not apply for preliminary site plan or subdivision approval for the planned development which is the subject of the GDP approval within five years of the date upon which the GDP has been approved by the reviewing board, the township shall have cause to terminate the approval. For purposes of this chapter, the application for preliminary approval within the five year period as required herein will be satisfied by submitting one or more applications for one or more sections of a phased development within this five year period, and will remain in compliance provided subsequent preliminary plat submissions for further sections of the development are submitted in a timely manner consistent with the timing schedule approved as part of the GDP.

   (F)   In the event that a development which is the subject of an approved GDP is completed before the end of the term of the approval, the approval shall terminate and the development shall be considered complete on the date upon which the certificate of occupancy has been issued for the final residential and nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved GDP and the applicant has fulfilled all his obligations pursuant to the approval.

      (1)   Applicable time limit - Any variance granted by the Zoning Board of Adjustment or the Planning Board pursuant to N.J.S.A. 40:55D-70, subsection c. or d., shall expire and become null and void one year from the date such variance is granted unless within said period the applicant obtains a building permit or otherwise avails himself of the said approval; provided, however, that in the event that such variance is approved in conjunction with a major subdivision or site plan approval, then such variance shall not expire and become null and void until three years after the preliminary approval for such site plan and/or subdivision is granted and any approved extensions thereof, or if final approval is granted for such development, two years from the date of the final approval and any approved extensions thereof.

(Ord. 945-99, passed 9-13-99)

   (A)   The documents to be submitted are intended to provide the reviewing board with sufficient information and data to assure compliance with all township codes and specifications and ensure that the proposed development meets the design and improvement standards contained in Title 15. The specification of documents to be submitted is based on the type of development and particular stage of development application.

   (B)   The documents to be submitted are shown on charts entitled "Submission Requirements Checklist Subdivisions, Site Plans, General Development Plans, Conditional Uses, Site Plan Waivers and Change of Use" and "Submission Requirements Checklist N.J.S.A. 40:55D-70 a, b, c, and d" set forth in Chapter 158, are made a part of this chapter and are adopted herein and included by reference. In specific cases and for documentation reasons, the reviewing board may waive the submission of a particular document. The reasons for the waiver shall be indicated in the resolution of the reviewing board.

(Ord. 945-99, passed 9-13-99)

   All application fees and other fees applicable to any application covered under this chapter shall be set annually by ordinance adopted by the Township Committee.

(Ord. 945-99, passed 9-13-99)

   (A)   As a condition of final development approval, the reviewing board shall require, for the purpose of assuring the installation of all improvements required under such approval, that the applicant furnish a performance guaranty in accordance with the following standards:

      (1)   The performance guaranty must run in favor of the township, and be in an amount not to exceed 120%, rounded to the nearest dollar; of the cost of installation of improvements the township may deem necessary or appropriate, including, but not limited to, streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments (as shown on the final map and required by the Map Filing Law, (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements and landscaping, provided that the township may not require more than 10% of the total performance guaranty to be in cash and the balance shall be in the form of a surety bond issued by a bonding company licensed to do business in the State of New Jersey or a letter of credit issued by a banking institution licensed to do business in the State of New Jersey. Nothing herein shall preclude the township from accepting a full cash performance guaranty. Such bond or letter of credit must be approved and accepted by the township governing body. The Township Engineer shall review the improvements required by the reviewing board, which are to be bonded and itemize their cost. This itemization shall be the basis for determining the amount of the performance guaranty required by the township and the inspection fees required by this code. The Township Engineer shall forward his/her estimate of the cost of improvements to the applicant within 30 days after the date of receipt of a request sent by certified mail for this estimate. Any performance guaranty delivered to the Township Clerk pursuant to this section shall be for an initial term of not less than two years, shall provide for automatic one-year renewals and shall only be terminable on the date of expiration, either of the original period or any renewal period, upon not less than 60 days advanced written notice. In the event that any of the improvements to be installed are covered by a performance guaranty to another governmental agency, no performance guaranty shall be required from the township for such improvements.

      (2)   If at any time during the period of time between acceptance of the initial performance guaranty and the date of the Township Committee's formal release of such performance guaranty, the Township Committee has reasonable cause to doubt the value, legality, enforceability or effectiveness of such guaranty, all development activity for which such guaranty was established shall be discontinued until such time as a substitute guaranty, in form and substance equivalent to the guaranty which was required to be in place at the time the status of the original guaranty was questioned, shall be delivered to and accepted by the Township Committee. By way of illustration and not limitation, the following shall be instances of reasonable cause to doubt the value, legality, enforceability or effectiveness of such guaranties:

         (a)   The company issuing the bond shall cease to do business, declare insolvency or bankruptcy or be forced into involuntary bankruptcy.

         (b)   The bank, savings and loan, credit union, mortgage banking company or other banking or banking-like entity issuing a letter of credit shall become insolvent, be taken over by any governmental or quasi-governmental agency or company or otherwise cease to do business.

         (c)   The issuer of any performance guaranty shall serve on the township notice of termination or cancellation of such guaranty.

   (B)   The amount of any performance guaranty may be reduced by the Township Committee, by resolution, when portions of the improvements have been certified by the Township Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Township Committee by resolution.

   (C)   If the required improvements are not completed or corrected in accordance with the finally approved development plans and approvals, the obligor and surety shall be liable thereon to the township for the reasonable cost of the improvements not completed or corrected, and the Township, either prior to or after the receipt of the proceeds of the performance guaranty, may complete such improvements.

   (D)   When all of the required improvements have been completed, the obligor shall notify the administrative officer, in writing, by certified mail, with a copy to the Municipal Clerk, of the completion of such improvements and shall send a copy thereof to the Township Engineer. Upon receipt of this notice, the Township Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the administrative officer, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

      (1)   The Township Committee shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of the Township Engineer's report and the action of the Township Committee with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty except for that portion adequately sufficient to secure completion of the improvements not yet approved. Failure of the Township Committee to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, subject to the requirements of § 156.031 below, shall be released from all liability pursuant to such performance guaranty.

      (2)   If any portion of the required improvements is rejected, the obligor shall complete such improvements, and, upon completion, the same procedure of notification as set forth in this section shall be followed.

   (E)   The obligor shall reimburse the township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, pursuant to § 156.033 below.

(Ord. 945-99, passed 9-13-99; Am. Ord. 12-02, passed 6-24-02)

   (A)   As a condition of the final release of all performance guaranties posted by an applicant with respect to any development approval within the township, the applicant shall deliver to the Township Clerk, for the purpose of assuring that all improvements installed in accordance with such development approval have been installed in a good and workmanlike manner and that all materials are fit for their intended purpose, a maintenance guaranty in accordance with the following standards:

      (1)   The maintenance guaranty shall be for a period of two years commencing on the date that the Township Committee finally accepts the improvements as being complete, in an amount not to exceed 15% of the total cost of the improvements as set forth on the Township Engineer's estimate for such improvements completed with § 156.030(A)(1) above. In the event that other governmental agencies or public utilities automatically will own the utilities or improvements which are installed or the improvements are covered by a maintenance guaranty provided by the applicant to another governmental agency, no maintenance guaranty in favor of the township shall be required for such utilities or improvements. Such maintenance guaranty shall be in the form of a surety bond issued by a surety licensed to do business in the State of New Jersey and rated A+ or better by A.M. Best, or a letter of credit issued by a banking institution licensed to do business in the State of New Jersey. Such maintenance guaranty shall be approved and accepted by the Township Committee.

      (2)   If any time during the period of time prior to expiration of the maintenance guaranty, the Township Committee has reasonable cause to doubt the value, legality, enforceability or effectiveness of such guaranty, the obligor must deliver to the Township Clerk a substitute guaranty, in form and substance equivalent to the guaranty which was required to be in place at the time the status of the original guaranty was questioned. By way of illustration and not limitation, the following shall be instances of reasonable cause to doubt the value, legality, enforceability or effectiveness of such guaranties:

         (a)   The company issuing the bond shall cease to do business, declare insolvency or bankruptcy or be forced into involuntary bankruptcy.

         (b)   The bank, savings and loan, credit union, mortgage banking company or other banking or banking-like entity issuing a letter of credit shall become insolvent, be taken over by any governmental or quasi-governmental agency or company or otherwise cease to do business.

   (B)   If the township determines that any improvements which are covered by such maintenance guaranty have not been completed in a good and workmanlike manner, or that any materials which were incorporated into such improvements are not fit for their intended purpose and the obligor, under such maintenance guaranty, has not corrected the improvements to the satisfaction of the Township Engineer within 30 days after written notice of such defect, the obligor and the surety shall be liable on such guaranty to the Township for the reasonable cost of correcting and/or replacing such improvements, and the township, either prior to or after the receipt of the proceeds of such guaranty, shall have the right, but not the obligation, to complete corrective work or replacements of such improvements which may be required.

(Ord. 945-99, passed 9-13-99)

   As a condition of final development approval, the reviewing board shall require the applicant to execute and deliver to the township, along with the performance guaranty set forth in § 156.030, a developer's agreement in the form prepared by the reviewing board solicitor and approved by the Township Attorney. The time restrictions and conditions set forth in the developer's agreement shall be completed by the reviewing board engineer. All performance guaranties submitted with respect to any particular application shall reference such agreement by name, parties and date of execution. All applicants shall be given a copy of this code section and the then-current draft form of the developer's agreement with the application package. Any amendments or modifications to such agreement after the date of same is approved and accepted by the Township Committee shall be completed and approved by the reviewing board and then submitted to the Township Committee for approval and execution. The developer's agreement and any amendments thereto shall be recorded against the real property which is the subject of the application prior to the issuance of a zoning permit. Evidence in the form of a copy of the developer's agreement time stamped by the County Clerk shall be submitted to the Township Clerk. Upon completion of the improvements, release of the performance guaranty and submission and approval of the required maintenance guaranty, the township shall execute a release of the developer's agreement, in recordable form. The preparation and recording of such release shall be borne by the applicant.

      (1)   All fees other than application fees, inspection escrows and miscellaneous fees shall be escrow fees to pay the services of any professional personnel employed by the reviewing board or the Township Committee to process, review, inspect, study or make recommendations to such reviewing board or the Township Committee concerning the nature and substance of the applicant's application and/or to pay the services of any such professional personnel and the costs and expenses incurred by such professional personnel, the reviewing board and/or the Township Committee to create, amend or modify, including, but not limited to, the costs and expenses to draft, finalize and publish, the official Tax Map and/or Zoning Map of the township, which creation, amendment and/or modification is necessitated by the approval of the applicant's application.

      (2)   If during the existence of this escrow account the balance of funds held by the township shall be insufficient to cover vouchers submitted by the professionals, the applicant shall deposit additional sums with the township to voucher the amount of the deficit and the anticipated amount to cover all remaining work within 10 days after receipt of written notice from the township of the amounts owed. In the event that an applicant fails to deposit the additional escrow moneys as required within the time set forth in this subsection, the township, through its agents and employees, shall take whatever action it deems necessary in order to compel the payment of the escrow amount. In addition, the professional personnel may take any action individually as they deem necessary to satisfy the vouchers submitted. Notwithstanding the foregoing, any applicant who does not deposit such additional escrow moneys within 30 days after receipt of written notice from the township of the amounts owed shall be charged a late fee equal to 10% times the amounts owed from the date such sums were due pursuant to such notice until paid in full (including all accrued late fees). No permit, approval or certificate shall be issued to any applicant or property owner by the reviewing board, Zoning Officer, Township Committee, Township Clerk or any other agency of the township unless all amounts owed pursuant to this section by such applicant or owner or with respect to the subject property are paid in full.

      (3)   All excess moneys in the escrow account will be returned, at the time of final release of maintenance guaranties for improvements completed as part of the development approval, to the applicant with a statement of money expended against the account. If at any time prior to final approval the applicant elects to withdraw his request for approval and abandon the project, any moneys remaining in the escrow account, after all proper charges have been paid, will be returned to the applicant with a statement of money expended against the account.

   (B)   Inspection escrows. The cost of all inspections by the Township Engineer shall be the responsibility of the applicant, and the applicant shall deposit the necessary inspection fees with the township prior to the issuance of a building permit or zoning permit. The inspection escrow shall be in addition to the amount of any required performance or maintenance guarantees, application fees and application escrows and shall consist of a sum equal to the greater of $500 or 5% of the total cost of the improvements as determined pursuant to § 156.030 above. If the calculated amount of inspection escrows is $10,000 or greater, the applicant shall have the right to deliver the inspection escrows to the township in four installments, the initial amount deposited being not less then 25% of the calculated escrow amount. When the balance held in the escrow drops to 10% of the calculated amount due to the fact that escrowed funds have been paid to the Township Engineer for invoiced inspections which have occurred, the applicant shall make additional deposits of 25% of the calculated amount. The Township Engineer shall not perform any inspection if insufficient funds to pay those inspections are not on deposit. Funds which are unexpended after 90 days of the issuance of a certificate of occupancy or a certificate of conformance shall be returned to the applicant upon request, in writing, to the reviewing board. The applicant shall immediately pay upon demand all additional site inspection costs as are necessary and reasonable.

(Ord. 945-99, passed 9-13-99)

   This section is intended to ensure a pro rata share allocation of the costs for off-tract improvements necessitated by new development.As a condition of final subdivision or site plan approval, the reviewing board may require an applicant to pay his/her pro rata share of the cost of providing reasonable and necessary off-tract improvements directly related to the development. These costs may include the acquisition of land and/or easements for, and construction of, improvements to traffic and pedestrian circulation, water, sewage and drainage facilities, and shade trees that are located off-tract of the property limits of the subdivision or development. This contribution is required because the improvements are necessitated or required directly by the development. In addition, a development may be liable for its share of the cost of the impact of the development to township and/or regional capital improvements provided that the cost shall not duplicate off-tract improvements for which the applicant is primarily responsible. The reviewing board shall provide in its resolution of approval the basis of the required improvements.

      (1)   Full allocation. In cases where off-tract improvements are necessitated by the proposed development, and where no other property owner(s) receive(s) a special benefit thereby, the applicant may be required at his sole expense and as a condition of approval, to provide and install such improvements. In such case where the reviewing board determines that the full improvement is required to service this development, the applicant shall fully install the entire improvements at his expense with no reimbursement.

         (a)   Where it is determined that some properties outside the development will also be benefited by the off-tract improvements, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the applicant.

               A.   The municipal engineer, traffic engineer or planner shall provide the applicant with the existing and reasonably anticipated future peak hour traffic for the off-tract improvement;

               B.   i.   The applicant shall furnish a plan for the proposed off-tract improvement which shall include the estimated peak-hour traffic generated by the proposed development and the proportion thereof which is to be accommodated by the proposed off-tract improvement. The ratio of the peak hour traffic generated by the proposed development which is to be accommodated by the off-tract improvement to the future additional peak-hour traffic anticipated to impact the proposed off-tract improvement shall form the basis of the proportionate share. The proportionate share shall be computed as follows:

 

 

                  ii.   The calculations shall be based where applicable upon the data included in the 2005 Transportation Element of the Master Plan.

               A.   The capacity and the design of the drainage system to accommodate storm water runoff shall be based on the standards specified in Title 15, computed by the applicant's engineer and approved by the municipal engineer.

               B.   i.   The capacity of the enlarged, extended, or improved system required for the subdivision and areas outside of the applicant's tributary to the drainage system shall be determined by the applicant's engineer subject to approval of the municipal engineer. The plans for the improved system shall be prepared by the applicant's engineer and the estimated cost of the enlarged system calculated by the municipal engineer. The prorated share for the proposed improvement shall be computed as follows:

 

 

                  ii.   The calculations shall be based where applicable upon the data included in the Stormwater Management Element of the Master Plan.

            3.   Other improvements, other criteria. The reviewing board may also use any reasonable criteria to determine the proportionate share of such improvements as it feels are necessary to protect the health, safety and general welfare of the township.

   (C)   Assessment of property. Upon receipt from the applicant of its allocated share of the costs of the off-tract improvements, the township may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-tract improvements, based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed against benefiting property owners by the township. Any assessments for benefits conferred made against the applicant or its successors in interest shall be first offset by a pro rata share credit of the allocated costs previously deposited with the township pertaining thereto. The applicant or its successors in interest shall not be liable for any part of an assessment for such improvements unless the assessment exceeds the pro rata share credit previously deposited, and then only to the extent of the deficiency.

      (1)   At the discretion and option of the township and with the consent of the applicant, the township may enter into a contract with the applicant providing for the installation and construction of off-tract improvements by the applicant upon contribution by the township of the remaining unallocated portion of the cost of the off-tract improvement.

      (2)   In the event that the township so elects to contribute to the cost and expense of installation of the off-site improvements by the applicant, the portion contributed by the township shall be subject to possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.

(Ord. 945-99, passed 9-13-99; Am. Ord. 85-06, passed 4-24-06)

   These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the township. Any action taken by the township under the terms of this chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire community.

(Ord. 945-99, passed 9-13-99)

   The Planning Board or, if applicable, the Zoning Board of Adjustment, when acting upon applications for minor site plans, minor subdivisions, preliminary major subdivisions and preliminary major site plans, shall have the power to grant such exceptions from the requirements for such subdivision or site plan approval as specified in this chapter if an applicant can clearly demonstrate that because of peculiar conditions, literal enforcement of one or more of said requirements is impracticable or will exact undue hardship. However, any exception granted by the Planning Board, or Zoning Board of Adjustment if applicable, must be reasonable and within the general purpose and intent of the rules, regulations and standards established by Title 15.

(Ord. 945-99, passed 9-13-99)

      (1)   The Township Committee shall appoint a Zoning Officer for the purposes of administering this chapter and related land use ordinances.

      (2)   Duties of the Zoning Officer shall be as follows:

         (a)   To interpret this chapter in accordance with its literal intent. The Zoning Officer shall not have the power to permit any construction, subdivision, or change of use of land or building which is in strict accordance with the terms of this chapter.

         (b)   To be responsible for the enforcement of this chapter, including investigation of complaints arising from this chapter and the prosecution of violations of it.

         (c)   Upon the request of the Planning Board or the Zoning Board of Adjustment, to present such facts, records or similar information so as to assist those agencies in making a decision in a matter brought before it.

         (d)   To be responsible for issuing permits as described below.

            1.   Zoning permits. A document signed by the Zoning Officer (1) which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and (2) which acknowledges that such use, structure or building complies with the provisions of this chapter or a variance therefrom duly authorized by the Planning Board or Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-1 et seq. Zoning permits shall be valid for one year from the date of issue.

      (1)   Zoning permits shall hereinafter be secured from the Zoning Officer prior to construction, erection or alteration of any structure or part of a structure or use of a structure or land. All requests for zoning permits shall be made, in writing, by the owner or his authorized agent and shall include the following:

         (a)   A statement of the use or intended use of the building or structure or land;

         (b)   Two copies of a sealed survey plan showing thereon the exact size, shape and location of all proposed structures and all existing structures, metes and bounds description, showing dimensions, bearings, etc., the location of the required building envelope, any easements or other restrictions from the approved subdivision, the proposed setbacks from all property lines for the proposed dwelling unit, garage, deck, etc. and such other information as may be necessary to provide for the enforcement of this chapter;

         (c)   Written verification that all federal, state, county and local agency permits and approvals required for the construction, erection or alteration of such structure or the use of the building or structure or land have been obtained; and

         (d)   Written verification issued by the Township Tax Collector stating that all real property taxes and sewer assessments chargeable to the property or properties for which such application is being made, except for taxes and assessments which are not yet due and payable on the date such application is received by the Zoning Officer, are paid in full and that written verification that CCMUA sewer connection permit(s) has (have) been received. No zoning permit shall be issued by the Zoning Officer unless and until all real property taxes and sewer assessments and all fines and penalties chargeable to the property or properties for which such permit is sought have been paid in full.

      (2)   Each request for a zoning permit for the construction of one or more dwelling units in a Township Center Zone, in addition to the requirements of § 156.037(B)(1) above, shall be accompanied by a plan showing thereon the size, shape and location of all open space uses, as defined and as may be required for such construction under the applicable provisions of Chapter 152, and by copies of deeds or other documents indicating that any open space use areas required are either publicly owned or have been dedicated to public use or are to be located on an improved lot or are subject to appropriate restrictions or covenants assuring that a private person, firm, association, corporation or agency will be responsible for the maintenance of such areas and that the township will have power to enforce such restrictions or covenants in the absence of enforcement by such private person, firm, association, corporation or agency as long as the dwelling units sought to be constructed are in existence.

      (3)   If the holder of any permit issued by the Zoning Officer pursuant to this § 156.037 shall become delinquent in the payment of property taxes or sewer assessments for any property located in the township, which delinquency commences after the date such permit is issued and continues for at least three consecutive quarters, the Zoning Officer may revoke such permit. Upon delivery to the Zoning Officer of written verification issued by the Township Tax Collector that all such delinquent taxes, plus all penalties and interest due thereon, have been paid in full, the Zoning Officer shall reinstate such permit.

      (4)   Notwithstanding the foregoing, the Zoning Officer may waive the requirements of § 156.037(B)(1) or § 156.037(B)(3) above if, in the exercise of his reasonable discretion, the interests of the township would be better served by such deviation from the specific requirements thereof.

         (a)   Any development projects within the Township which involve grading or disturbing of surface dirt of more than 500 square feet shall require a review of the proposed plan and an inspection prior to and as a condition of the issuance of a zoning permit.

         (b)   Such reviews and inspections shall be performed by the Township Engineer or other such official as designated by the Township Committee.

         (c)   Prior to the review or scheduling of the inspections, the developer shall post with the Township an escrow amount to cover the costs of the inspection equal to $500 per lot. The escrow amounts shall be managed in accordance with the Municipal Land Use Law.

         (d)   No work shall be permitted on any activities covered by this section until such time as a review of the plans is conducted and an approval of the plans is issued by the reviewing official.

         (e)   The Township adopts a Grading Plan Checklist to be incorporated into the Unified Land Development Code in the form attached to Ordinance 112-07, as same may be amended from time to time, and incorporated herein by reference.

      (1)   It shall be unlawful to use or permit the use of any building, structure or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged wholly or partly in its use or structure until a certificate of conformance permitting the occupancy thereof shall have been applied for and issued therefor by the Zoning Officer. Such certificate of conformance shall show that such building, structure or premises or part thereof is in conformity with the provisions of this chapter and all ordinances of the township, site plan and subdivision approvals and determinations of the Zoning Board of Adjustment which pertain to such building, structure or premises or part thereof.

      (2)   A certificate of conformance, where new construction is involved, shall be issued by the Zoning Officer when all other approvals listed under § 156.037(C)(3) below are verified. Such certificate of conformance shall be in addition to and not in substitution for any other certificates, permits or inspections required by any other provisions of the Township Codes relating to the completion and/or occupancy of the new building and/or site construction.

      (3)   (a)   No certificate of conformance may be issued by the Zoning Officer unless the Zoning Officer verifies that all construction or improvements and development on the site have been completed in accordance with and conform to the plans, whether site plans or subdivision plans, finally approved by the reviewing board. As part of the review for residential subdivisions for detached units a lot grading plan shall be submitted for each lot.

         (b)   An as-built survey shall be submitted including dimensions, setbacks for all structures, parking spaces, building envelope, fencing, signage, etc.

      (4)   The following approvals shall be verified prior to the issuance of a certificate of conformance (if the same are applicable):

         (a)   Local and CCMUA sewer connection permit fees paid.

         (b)   Recreation fee paid.

         (c)   Maintenance bond posted.

         (d)   Final Engineering approval received.

         (e)   Education fee paid.

         (f)   County Board of Health approval received.

         (g)   Any other federal, state, county or local agency approvals applicable to the particular property/use have been received.

         (h)   The zoning officer may require an as-built survey to determine appropriateness of the proposal.

      (5)   Prior to any change of tenancy or ownership (even if tenancy does not change) of any residential dwelling, building, structure or premises or part thereof, including but not limited to condominium units, a certificate of conformance must be obtained by the owner.

         (a)   Such certificate of conformance shall be issued by the Zoning Officer if the following are found to be true:

            1.   Smoke detectors have been installed and are determined to be in good working order as required by state law;

            2.   Building numbering has been installed in compliance with §§ 98.35 through 98.40 of the Township Code;

            3.   There are no outstanding violations of any provision of Title 15 of the Township Code relating to additions, decking, fencing, sheds, above ground or in ground swimming or other pools, gazebos or other similar structures or appurtenances which have been previously installed or constructed on such property, dwelling, building, structure or premises or part thereof; and

            4.   A current sealed survey for a residential property or a certificate of survey for condominium units shall be submitted to the Zoning Officer. The Zoning Officer may waive this requirement if the lending institution, in the case of a refinance transaction only, is not requiring a new survey.

         (b)   No other criteria shall be considered in connection with the issuance or denial of a certificate of conformance pursuant to this § 156.037(C)(5). In all other cases, applications for a certificate of conformance shall be processed in accordance with the other provisions of this §§ 156.037, as may be applicable.

      (6)   Prior to any change of tenant or ownership (even if tenancy shall not change) of any multifamily residential dwelling, building, structure or premises or any part thereof, including, but not limited to, multifamily dwellings converted to condominium or cooperative ownership, a certificate of conformance shall be obtained by the owner. Such certificate of conformance shall be issued by the Zoning Officer if the following are found to be true:

         (a)   Smoke detectors have been installed and are determined to be in good working order as required by state law;

         (b)   Building numbering has been installed in compliance with §§ 98.35 through 98.40 of the Township Code;

         (c)   There are no outstanding violations of Title 15 of the Township Code;

         (d)   There are no outstanding violations of the site plan and/or subdivision approval(s) applicable to such building, structure or premises or part thereof;

         (e)   There are no outstanding violations of §§ 96.01 through 96.05 of the Township Code governing parking area maintenance; and

         (f)   The owner/seller has provided written verification to the Zoning Officer that signed copies of the approved site plan for the property have been provided to the buyer.

      (7)   Prior to any change of tenancy, use or ownership (even if tenancy shall not change) or any nonresidential building, structure or premises or part thereof, including but not limited to condominium units, a certificate of conformance shall be obtained by the owner. Such certificate of conformance shall be issued by the Zoning Officer if the following are found to be true:

         (a)   Proof of a satisfactory fire protection inspection by the appropriate local code official;

         (b)   Building numbering has been installed as required by §§ 98.35 through 98.40 of the Township Code;

         (c)   There are no outstanding violations of Title 15 of the Township Code;

         (d)   There are no outstanding violations of the site plan and/or subdivision approval(s) applicable to such building, structure or premises or part thereof; and

         (e)   There are no outstanding violations of §§ 96.01 through 96.05 of the Township Code governing parking area maintenance.

         (f)   The owner/seller has provided written verification to the Zoning Officer that signed copies of the approved site plan for the property have been provided to the buyer.

         (g)   The zoning officer may require an as-built survey to determine appropriateness of the proposal.

      (8)   The owner/seller shall be responsible for making application for a certificate of conformance and obtaining the same prior to occupancy of any dwelling, building, structure or premises or part thereof by any transferee, assignee, tenant or other third party. The owner/seller shall be liable for penalties pursuant to § 156.040 if such owner/seller fails to file an application for a certificate of conformance when one is required by this section.

      (9)   A temporary certificate of conformance may be issued by the Zoning Officer as follows:

            1.   The applicant applies for all approvals and permits necessary to cause the property to come into compliance with the Township Code. If the Zoning Board of Adjustment does not approve the improvement which is the subject of the necessary approval or permit, the improvement must be removed.

            2.   The prospective buyer or tenant must acknowledge, on forms provided by the Zoning Officer, the violation or noncompliance and the fact that, if the Zoning Board does not approve the improvement, the improvement must be removed.

            3.   In the case of a sale of property, the seller shall complete the approval process unless the buyer expressly agrees, in writing, to complete the process.

      (10)   All applications for certificates of conformance shall be received by the Zoning Officer and shall be granted or denied by the Zoning Officer within ten business days after receipt of such written applications. All applications for certificates of conformance for a change of use, change in ownership and/or change in tenant shall also include written verification issued by the Township Tax Collector stating that all real property taxes and sewer assessments and all tax liens held by the township and chargeable to the property or properties for which such application is being made, except for taxes and assessments which are not yet due and payable on the date such application is received by the Zoning Officer, are paid in full. Notwithstanding the foregoing, the Zoning Officer may waive the requirements of this § 156.037(C)(10) if, in the exercise of his reasonable discretion, the interests of the township would be better served by such deviation from the specific requirements hereof.

      (11)   The Zoning Officer shall be responsible for carrying out all necessary liaison with other municipal officials whose inspection and approval are required for the issuance of a certificate of conformance pursuant to this § 156.037(C).

      (12)   Upon written request from an owner, the Zoning Officer shall issue a certificate of conformance for any building, structure or premises, certifying, after inspection, the extent and kind of use made of the building, structure or premises and whether such use conforms to the provisions of Title 15.

      (13)   As to multifamily dwellings which are converted to condominium ownership or cooperative ownership under the provisions of N.J.S.A. 46:8B-8 or 46:8D-5, the conversation from ownership of individual units in a building, either under the condominium statute or the cooperative statute, shall constitute a change of ownership within the meaning of this section, and the owner shall be required to obtain a certificate of conformance from the Zoning Officer pursuant to this section prior to the transfer of ownership, either by deed or stock transfer. The requirements of this section shall apply even though the unit may have been occupied by the buyer prior to the proposed transfer. Certificates of conformance for a change of ownership or tenant shall become null and void 60 days after a fire certificate is issued if settlement or occupancy is not achieved within that time. If the premises fails inspection, the applicant has 30 days in which to bring the premises into compliance after which a summons may be issued.

(Ord. 945-99, passed 9-13-99; Am. Ord. 85-06, passed 4-24-06; Am. Ord. 266-15, passed 5-11-15)

   No approval, permit or certificate for any of the following shall be given to an application or to an applicant if any taxes or assessments for local improvements are due or delinquent on the property for which the application is made: preliminary and final site plan; preliminary and final subdivision; minor subdivision; minor site plan; bulk variance; use variance; conditional use; zoning permit or subdivision approval certificate. An application for approval or issuance of any of the above items shall not be deemed complete and shall not be considered by the applicable municipal agency unless the applicant submits with the application a certification signed by an authorized representative of the Voorhees Township Tax Collector's office stating that no taxes or assessments as described above are due or delinquent on the subject property.

(Ord. 945-99, passed 9-13-99)

   If an applicant for site plan approval, subdivision approval, zoning permit or certificate of conformance withdraws such application or request prior to action by the Planning Board or Zoning Board of Adjustment or issuance of the permit or certificate, the fees paid for such approval, permit or certificate shall be refunded to the applicant, except that the township shall be permitted to retain such portion of such fees necessary to pay for actual out-of-pocket expenses incurred by the township in connection with such application (including but not limited to engineering and legal review charges) and an administrative charge equal to 25% of the fees paid by such applicant.

(Ord. 945-99, passed 9-13-99)

   (A)   It shall be the duty of the Zoning Officer of the township to administer and enforce the provisions of Title 15. Notwithstanding the foregoing, the Police Department, Fire Department and Code Enforcement Official shall notify the Zoning Officer of any violation that they determine exists. No new structure shall be erected unless a certificate of conformance is obtained from the Zoning Officer, and no structure or lot shall be used in violation of Title 15.

   (B)   It shall be the duty of the Zoning Officer to inspect the structures and land in the township and order the owner, in writing, to remedy any condition found to exist in violation of the provision(s) of Title 15 or any condition in violation of any application for development as duly approved by the township under the terms of Title 15. For purposes of this inspection, the Zoning Officer shall have the right to enter any premises during reasonable hours, subject to due process of law. The owner shall have five days within which time to respond to the notice of purported violations and indicate the remedies to be taken.

   (C)   Upon notice being served of any land use existing in violation of any provisions(s) of Title 15, the certificate of conformance for such use shall thereupon, without further notice, be null and void, and a new certificate of conformance shall be required for any further use of the structure or land.

   (D)   The Zoning Officer shall not issue any zoning permit or certificate of conformance for any structure or use which does not conform to the provisions of Title 15.

   (E)   It shall be the duty of the Zoning Officer, upon the filing with him of any application for a zoning permit or certificate of conformance, to require the owner or agent of such structure or land to certify in writing the use or intended use of any structure or land do to be constructed, altered or required, and he shall thereupon determine if such structure or use is permitted by the provisions of Title 15. In case he shall determine that such structure or use, or both, is nonconforming, he shall notify such owner or agent in writing to that effect, stating in what respect such structure or use is a nonconforming structure or use.

   (F)   Any owner, lessee, tenant, contractor or other person or persons who violate any provision of this Chapter 156, or who excavate, remove soil or clear a site or place any fill on a site without, in each instance, first obtaining any required permits or approvals pursuant to this Chapter 156, must cure such violation within 5 days after receiving written notice of such violation, by registered mail or by personal service.

   (G)   In addition to all other remedies available under this § 156.040, any sign that is not in compliance with § 150.15 of this Title 15 may be confiscated by the Zoning Officer.

   (H)   Each day that a violation continues to exist shall be deemed to be a separate violation.

   (I)   Nothing contained in this chapter shall be deemed to limit the right of any interested person to initiate the prosecution of any person or persons believed to be in violation of this chapter.

   (A)   Where any owner, lessee, tenant, contractor or any other person or persons is violating the provisions of this chapter by excavating, removing soil, clearing the site or placing any fill on the site without, in each instance, first obtaining all required permits and approvals and posting all required guaranties and escrows, the Zoning Officer or his designee may issue an immediate stop-work order to cease all activities which are in violation of this chapter.

   (B)   Any owner, contractor or other person or persons interested as lessee, tenant or otherwise, in any building or premises who refused to stop work immediately may be subject to the penalty provisions of § 156.041(A) above.

   (C)   Each and every day that such violation continues after such notice shall be deemed a separate and specific violation of this chapter.

   (D)   If any owner, lessee, tenant, contractor or other person or persons who has excavated, removed soil from or cleared a site or who has placed fill on a site, does not obtain all required permits and approvals required under this Chapter 156 within 30 days after receipt of a stop work order, in addition to all other remedies or penalties imposed upon him/her/it under law or in accordance with this section, the owner, lessee, tenant, contractor or other person or persons in violation must restore the premises to the condition in which they existed before the violation by the replacement of any trees and shrubbery that may have been destroyed, seeding where the soil has been disturbed and restoring the premises to the previous contours and grades, all of which shall be under the direction of the Township Engineer.

(Ord. 945-99, passed 9-13-99)

   This chapter may be amended from time to time by the Township Committee, after the appropriate referrals, notices, hearings and other requirements of law.

(Ord. 945-99, passed 9-13-99)

   (A)   Prior to the hearing on adoption of a zoning ordinance or any amendments thereto, the Township Committee shall refer any such proposed ordinance or amendment thereto to the Planning Board pursuant to the following requirements:

      (1)   The Planning Board shall issue a report within 35 days of referral by the Township Committee which identifies any portion of the proposed development regulation, revision or amendment which is inconsistent with the master plan and any recommendations concerning these inconsistencies.

      (2)   The Planning Board may include in its report any other matter which it deems appropriate.

      (3)   Failure of the Planning Board to render a report within the prescribed time period shall relieve the Township Committee of its responsibility to wait for that report before acting on the proposed development regulation, revision or amendment.

   (B)   After receipt of the Planning Board report, or after the expiration of the time allocated for delivery of that report, the Township Committee shall conduct a public hearing on the merits of the proposed development regulation, revision or amendment.

   (C)   The Township Committee shall evaluate the proposed amendment for its consistency with the master plan.

   (D)   The Township Committee may enact an amendment which is in whole or part inconsistent with the master plan and which is not designed to effectuate the land use plan or housing plan elements but only by an affirmative vote of a majority of its full authorized membership. In that instance, the reasons for the action of the Township Committee shall be set forth in a resolution and recorded in the minutes of the Township Committee.

   (E)   A protest against any proposed amendment or revision of a zoning ordinance may be filed with the Township Clerk, signed by the owners of 20% or more of the area either (a) of the lots or land included in such proposed change, or (b) of the lots or land within 200 feet in all directions therefrom inclusive of street space, whether within or without the township. In the event such a protest is filed, the amendment or revision shall require the affirmative vote of two-thirds of all members of the Township Committee.

   (F)   No zoning amendment shall be submitted to or adopted by initiative or referendum.

(Ord. 945-99, passed 9-13-99)

   (A)   Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity as a whole or of any other part thereof.

   (B)   Notwithstanding any provisions of § 156.030 through § 156.033, if any provisions of § 156.030 through § 156.033 conflict with or are in violation of any provisions of N.J.S.A. 40:55D-53 through 53.5, the provisions of N.J.S.A. 40:55D-53 through 53.5 shall control. In any instance where the specific provisions of N.J.S.A. 40:55D-53 through 53.5 provide discretion to the municipality, the specific provisions of § 156.30 through 156.33 shall govern and control the posting of performance guaranties, maintenance guaranties and all escrows.

(Ord. 945-99, passed 9-13-99)

   If any violation of Title 15 is not cured as required under any written notice of such violation issued by the Zoning Officer, the owner, lessee, tenant, contractor or other person or persons in violation may be subject to incarceration for not more than 90 days, 90 days of community service or a fine of not less than $100 nor more than $1,000, or all or any combination of the above, in the discretion of the court or judicial officer before whom the alleged violation may be heard. Each and every day that such violation continues after such notice shall be deemed a separate and specific violation of this chapter.

(Ord. 945-99, passed 9-13-99; Am. Ord. 956-99, passed 11-8-99)