Waterford City Zoning Code
ARTICLE VII
Development Application Review Procedures
§ 176-29 Informal workshop.
To assist with the application process, the Zoning Official and a representative of the Commission are available to meet with developers informally to discuss their plans and provide guidance. These meetings can be scheduled in the Waterford Township Municipal Building on the third Tuesday of each month. The following shall be submitted 15 days prior to the meeting date:
A.
When the developer requests the Municipal or Planning Board Engineer be present, the required escrow must be deposited in accordance with § 176-20D(6).
§ 176-30 Responsibility during development application review.
The Planning Board's responsibilities are outlined in Article V.
A.
Simultaneous review. The Planning Board shall have the power to act upon subdivision, conditional use, site plan or variance applications simultaneously without the applicant making further application for hearings. The longest time period for action by the Board, whether it is for subdivision, conditional use, site plan or variance approval, shall apply. Whenever approval of a conditional use or variance is requested by the applicant in conjunction with a site plan or subdivision application, notice of the hearing on the plan shall include reference to the request for such conditional use or variance.
B.
Exceptions. The Planning Board shall have the power to grant such exceptions from the design and performance standards in accordance with § 176-19N.
C.
Administrative review.
(1)
An application shall not be scheduled for hearing before the Planning Board until deemed complete in accordance with this section. Upon submittal, the Clerk of the Board shall provide a copy of the application to the Zoning Official, who shall submit a report of the Administrative Review Committee to the Planning Board. The Clerk of the Board shall send a copy of the Review Committee's report for major and minor site plan and/or subdivision applications to the Board's engineer.
(2)
Applications which are exempt from Planning Board review shall be subject to administrative review.
§ 176-31 Time of submittal.
All applications requiring Planning Board review must be filed no later than 30 days prior to the anticipated hearing date.
§ 176-32 Revisions to correct adverse effect.
If it is determined that any proposed development may create, either directly or indirectly, an adverse effect on either the remainder of the property being developed or nearby property, the Planning Board may require the developer to revise the plat. Where the remaining portion of the original tract is of sufficient size to be developed or subdivided further, the developer shall be required to submit a sketch plat of the entire remaining portion of the tract to indicate a feasible plan whereby the design of the proposed development, together with subsequent subdivisions or development, will not create, impose, aggravate or lead to any such adverse effect.
§ 176-33 Conditions of approval.
Regulations of the development of land and the attachment of reasonable conditions to development applications are an exercise of valid police power delegated by the state to this Township. The applicant has the duty of compliance with reasonable conditions laid down by the approving authority for design, dedication of improvements, and the use of the land to conform to the physical and economical development of the Township and to the safety and general welfare of the future residents and/or owners in the development and in the community at large. In addition to conditions imposed by the Planning Board, the following conditions will be part of all approvals:
A.
When County Planning Board review or approval is required on a subdivision or site plan, the approving Board shall condition the approval it grants upon either timely receipt of a favorable report by the County Board or approval by the County Board. If the County Board's report is negative or attaches conditions, the original action by the municipal Board shall be null and void and a new resolution shall be adopted which considers the County Board's report or approval.
B.
When review is required by the Soil Conservation District, or any federal, state, county, or municipal agencies, the Board shall condition the approval it grants upon such other required approvals.
C.
No development involving the use of PDCs shall be approved until the developer has provided the Commission and the Township with evidence of his ownership of the requisite PDCs. The Township may grant preliminary subdivision or site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of PDC ownership to secure the same proportion of lots or residential units as was approved for PDC use in the preliminary approval.
D.
No approval shall be given under this chapter for subdivision, site plan or planned development, unless the developer submits satisfactory proof that no taxes or assessments for local improvements are due or delinquent for the property for which application is made.
E.
The plat of a final major site plan shall include all data required on the preliminary major site plan drawn to incorporate all changes required as a condition of preliminary approval.
F.
For major subdivision and site plan approvals to be effective the applicant shall produce evidence of a comprehensive general liability insurance policy in accordance with § 176-21.
H.
Where the Planning Board has conditionally granted N.J.S.A. 40:55D-70b use variance relief, subject to the applicant's subsequent submission and receipt of site plan approval, the applicant must submit the required site plan application no more than 90 days following the date the Board adopts the applicant's memorializing the resolution of use variance approval. The Board may extend the ninety-day deadline herein upon good cause shown by the applicant. Any submission extension shall be submitted by the applicant prior to the expiration of the current submission deadline.
[Added 8-10-2022 by Ord. No. 2022-14]
§ 176-34 Completeness of applications.
A.
Interpretation of Chapter 176, Land Use, Development and Zoning. In addition to the required fees as set forth in § 176-20D(3), the following information shall be provided before an application is deemed complete:
(1)
Name and address of applicant.
(2)
Article, section and subsection number of the chapter for which interpretation is requested.
(3)
If a specific site is in question, 10 copies of a survey showing block and lot number, street address, zoning district, and existing conditions of the property.
(4)
In the absence of a survey, 10 copies of a written statement listing block and lot number, street address, zoning district, and one set of photographs depicting the existing conditions of the property.
(5)
Signed escrow agreement.
B.
Appeal of Zoning Official's decision. In addition to the required fees as set forth in § 176-20D(4) the following information shall be provided before an application is deemed complete:
(1)
Name and address of applicant.
(2)
Ten copies of a survey showing block and lot number, street address, zoning district, and existing conditions of the property.
(3)
In the absence of a survey, 10 copies of a written statement listing block and lot number, street address, zoning district, and one set of photographs depicting the existing conditions of the property.
(4)
Ten copies of a written statement setting forth applicant's reasons why the decision should be overturned.
(5)
Ten copies of the Zoning Official's written decision.
(6)
Signed escrow agreement.
C.
Certification of preexisting use. In addition to the required fees as set forth in § 176-20D(5), the following information shall be provided before an application is deemed complete:
(1)
Name and address of applicant.
(2)
Ten copies of a survey showing block and lot number, street address, zoning district, and existing conditions of the property.
(3)
In the absence of a survey, 10 copies of a written statement listing block and lot number, street address, zoning district, and one set of photographs depicting the existing conditions of the property.
(4)
Ten copies of a written statement setting forth applicant's reasons why the use should be certified and documentation of proof that the use was valid under the Waterford Township Land Use or Zoning Ordinance in effect at the time the use was created.
(5)
Signed escrow agreement.
D.
Temporary use. In addition to the required fees as set forth in § 176-20F, the following information shall be provided before an application is deemed complete:
(1)
Name and address of applicant.
(2)
Ten copies of a survey showing block and lot number, street address, zoning district, and existing conditions of the property.
(3)
In the absence of a survey, 10 copies of a written statement listing block and lot number, street address, zoning district, and one set of photographs depicting the existing conditions of the property.
(4)
Ten copies of a written statement setting forth applicant's reasons why the temporary use should be approved.
(5)
Certification from the Township Tax Collector that taxes are current.
(6)
Signed escrow agreement.
E.
Variance. In addition to the required fees as set forth in § 176-20E, the following information shall be provided before an application is deemed complete:
(1)
Application form and 10 copies of a cover sheet outlining the location, nature, proposed use and extent of variance(s) requested.
(2)
Ten copies of a legible plot plan or survey to scale (not less than one inch equals 100 feet) of the property indicating the relation of the existing and/or proposed structure with adjoining property and structures. In addition, this plan shall show, if any, sight triangles, easements, buffer areas, and wetlands.
[Amended 2-25-2015 by Ord. No. 2015-2]
(a)
For variance relief sought under N.J.S.A. 40:55D-70c, the plot plan or survey shall be dated no later than five years prior to the date of the submitted application for variance relief.
(b)
For variance relief sought under N.J.S.A. 40:55D-70d, the plot plan or survey shall be dated no later than two years prior to the date of the submitted application for variance relief.
(3)
Ten copies of a scaled drawing (not less than 1/4 inch equals one foot) of the proposed addition or new construction for which a variance is sought demonstrating how same is architecturally consistent with the existing structure and/or the surrounding area.[1]
[1]
Editor's Note: Original § 176-34.5(4), regarding copies not prepared by professional engineers or architects, which immediately followed this subsection, was repealed 2-25-2015 by Ord. No. 2015-2.
(4)
Certification from the Township Tax Collector that taxes are current.
(5)
Certified list of property owners, with copy of notice, affidavit of personal or certified mail service, and proof of publication.
(6)
For use variance applications only, 10 copies of a written statement delineating the exact proposed use requested and reasons why the use should be permitted.
(7)
Signed escrow agreement.
(8)
Signed checklist.
F.
Time limit for decisions. The Planning Board shall render a decision in accordance with the requirements of § 176-18K(5).
G.
Power to reverse or modify decision of Zoning Official. In accordance with § 176-18K(2), the Planning Board may reverse or modify a decision of the Zoning Official when an appeal is filed under § 176-34B above.
§ 176-35 Planning Board applications.
A.
Conditional use review. Conditional uses listed in this chapter and as defined in § 176-9 are subject to the review procedures specified herein.
B.
Subdivision review. All subdivisions, as defined in § 176-9 (see definitions of "major subdivision," "minor subdivision" and "subdivision or resubdivision"), are subject to the review procedures specified herein.
C.
Site plan review. Review by the Planning Board shall be required for minor site plans and major site plans as defined in § 176-9 (see definitions of "site plan, minor" and "site plan, major," in Subsections C and D of the definition of "site plan)," as well as proposals which do not meet the requirements as defined in § 176-9 for exempt site plans and administrative site plans (see definitions of "site plan, exempt" and "site plan, administrative," in Subsections A and B of the definition of "site plan"). No construction permit shall be issued for any new structure or for any addition or alteration to an existing structure and no certificate of occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the appropriate Board, except that:
(1)
A construction permit for a single-family detached dwelling unit or a two-family dwelling unit shall not require site plan approval.
(2)
A change of use from one permitted category of nonresidential use to another permitted category of nonresidential use may not require site plan approval if:
(a)
The Administrative Review Committee certifies to the Board, in writing, that the existing site development meets the requirements of this chapter for the new use category; and
(b)
The new use category does not require an increase in the number of required parking spaces; and
(c)
The Planning Board concurs with the findings of the Administrative Review Committee.
(3)
Permitted accessory buildings to residential and agricultural/horticultural uses shall not require site plan approval, but may be subject to administrative review.
(4)
Building alterations.
(a)
Building alterations shall not require site plan approval if the following conditions apply:
[1]
There is no change in use;
[2]
There are no additional parking spaces required;
[3]
No more than 2,500 square feet of additional building area is proposed;
[4]
No variance or design waivers are required;
[5]
There is no major change in circulation proposed, such as drive-through windows, ingress or egress drives, changes in internal circulation, loading or unloading, delivery or pickup of goods and services, or trash collection; and
[6]
There are no major changes in a significant site facility or improvement, such as a drainage facility, buffer or landscaping features and the like.
[7]
The disturbance of ground area is 5,000 square feet or less.
(b)
Such applications shall require administrative review. A certificate of filing from the Commission shall be required if the alteration is not to be on an already impervious surface, exceeds 1,000 square feet of additional space, is not served by public sewers, or will disturb more than 1,500 square feet of land.
(5)
An applicant may elect to file for preliminary and final site plan approval simultaneously to expedite the review process. The site plan shall be prepared according to the requirements stipulated for final approval. Developers electing to by-pass preliminary approval stage are doing so at the risk of added expense if changes in design are required.
D.
Informal review by the Planning Board.
(1)
At the request of a developer, the Planning Board shall hear one informal presentation of a conceptual plan for a development for which the developer intends to prepare and submit an application for development. The information to be included on a sketch to scale for a conceptual plan shall be sufficient to enable the Planning Board and the applicant to comment upon design concepts, such as building location, ingress and egress, parking, and major natural features that will have to be recognized or may influence certain design criteria and the applicant's basic intent for water, sewerage and storm drainage facilities.
(2)
The developer desiring to have a conceptual plan informally reviewed by the Planning Board shall submit the required information to the Clerk of the Board at least 20 days prior to the meeting. The Clerk of the Board shall thereafter confirm to the developer that the matter is scheduled, setting forth the time and place of the meeting. No request for informal review shall take preference on the agenda over, or prior to, a formally submitted application for development for which time limits are set pursuant to N.J.S.A. 40:55D-1 et seq., and the Planning Board may, prior to said review, establish a time limit for said informal review.
(4)
The developer shall not be bound by any conceptual plan for which review is requested, and the Planning Board shall not be bound by any such review. No motion or vote shall take place and no resolution shall be adopted concerning an informal review.
§ 176-36 Submission for conditional use permit.
A.
Procedure for submittal.
(1)
The applicant shall submit to the Clerk of the Board no later than 30 days preceding the month of the anticipated hearing date:
(a)
The fees in accordance with § 176-20O, exclusive of any additional fees for a subdivision or site plan application required in conjunction with the application for conditional use permit.
(2)
The Clerk of the Board shall assign an application number. Once an application has been assigned a number, that number shall appear on all papers, maps, plats or plans, review reports and other documents for processing in conjunction with the application.
B.
Site plan required. All conditional uses shall require site plan review and be subject to the same requirements of minor or major site plan approval, as the case may be.
C.
Review of conditional use application. In addition to the general requirements of minor or major site plan review, as the case may be, the Board shall review information regarding the number of employees or users of the property and shall give due consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience of the community. The uses for which conditional use permits are granted shall be deemed to be permitted uses in their respective districts, and each conditional use shall be considered as an individual case. In all requests for approval of conditional use, the burden of proof shall be on the applicant. Prior to making its decision, the Board shall be satisfied that the conditional use is reasonably necessary for the convenience of the public in the location proposed.
§ 176-37 Submission of minor subdivision plats and minor site plans.
A.
Procedure for submittal.
(1)
The applicant shall submit to the Clerk of the Board no later than 30 days preceding the month of the anticipated hearing date:
(a)
The fees in accordance with § 176-20G or 176-20K;
(b)
A signed escrow agreement;
(c)
A certificate of filing from the Commission;
(d)
Twelve copies of the minor plat or plan;
(e)
Three completed copies of the appropriate application, which includes application for any requested design waivers or variances;
(f)
Three copies of any applicable checklists attached to this chapter with the information required therein, pursuant to N.J.S.A. 40:55D-10.3;
(g)
When required under § 176-37B(3)(v), four copies of the environmental impact statement and any other requested studies and reports in accordance with Article X;
(h)
Three copies of any protective covenants, easements and/or deed restrictions applicable to the subject site, whether recorded or unrecorded;
(i)
Certification from the Township Tax Collector that taxes are current.
(2)
The Clerk of the Board shall assign an application number. Once an application has been assigned a number, that number shall appear on all papers, maps, plats or plans, review reports and other documents for processing in conjunction with the application.
B.
Details required for minor subdivision plats and minor site plans.
(1)
Each minor plat or plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of such professional; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.
(2)
Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet for minor subdivisions and one inch equals 50 feet for minor site plans and shall be submitted on one of the following standard sheet sizes: 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 39 inches by 42 inches. With the exception of the 8 1/2 inches by 13 inches size, sheets shall be folded into eighths with the title block revealed. If more than one sheet is required to show the entire subdivision or site plan, a separate composite map shall be drawn showing the entire subdivision or site plan and the sheets on which the various sections are shown and each detail sheet shall include a key map showing its relation to the whole tract.
(3)
In addition to meeting the requirements of § 176-14B, each minor plat or plan shall show the following information as applicable to a minor subdivision or site plan, unless the municipal reviewing agency determines, upon request of the applicant, that such information either is unnecessary or inapplicable to the particular subdivision or site plan and can be waived:
(a)
A key map with north arrow showing the entire tract and its relation to the surrounding area, including the names of principal roads, at a scale of one inch equals no more than 2,000 feet.
(b)
Title block in accordance with the rules governing title block for professional engineers (N.J.S.A. 45:8-36) including:
[1]
Name of subdivision or development, Township of Waterford, Camden County, with each sheet specifically titled with appropriately descriptive words;
[2]
Name, title, address and telephone number of subdivider or developer;
[3]
Name, title, address, telephone number, signature, seal and license number of the professional or professionals who prepared the plat or plans;
[4]
Name, title and address of the owner or owners of record;
[5]
Scale (written and graphic);
[6]
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet; and
[7]
Space for the application number.
(c)
Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given his consent under an option agreement.
(d)
If the applicant is a corporation or a partnership, the names and addresses of all partners, or the names and addresses of all stockholders owning 10% or more of any class of stock of the corporation.
(e)
Approval signature and date lines for the Chairman and Secretary in all cases, and the Township Engineer in the case of a minor subdivision plat to be filed, with the signature block as required by the Map Filing Law and with the location for signature placed such that the professional seal may be placed over the signature when requested.
(f)
Acreage figures to the nearest tenth of an acre (both with and without areas within public rights-of-way).
(g)
Existing block and lot numbers of the lot, or lots, to be subdivided or developed as they appear on the Township Tax Map, and proposed block and lot numbers as provided by the Township Tax Assessor.
(h)
Tract boundary line (heavy solid line).
(i)
Zoning districts affecting the tract, including district names and all area and bulk requirements, with a comparison to the proposed development.
(j)
Certification from the Township Tax Collector that taxes are current.
(k)
The location of existing and proposed property lines (with bearings, distances, and area and setback lines), streets and driveways, sight triangles for streets and driveways, structures (with their numerical dimensions, shortest distance measurement between any existing and proposed buildings and existing or proposed lot lines, and an indication as to whether existing structures will be retained or removed), parking spaces, loading areas, railroads, bridges, culverts, drain pipes, and any natural features, both within the tract and within 300 feet of its boundary.
(l)
Existing and proposed uses, existing and proposed wooded areas, and isolated trees with a diameter of six inches or more measured five feet above ground level.
(m)
The location and width of all existing and proposed utility easements, the use for which they are intended to be limited, and the manner in which the easements will be controlled.
(n)
Proposed buffer and landscaped areas, including any deed-restricted buffer, if required.
[1]
The location and character of existing vegetation, including predominant vegetation types.
[2]
For minor site plans only, the location and identification of existing vegetation outside of wooded areas and an indication as to whether existing vegetation is to remain or to be removed and a planting schedule of proposed landscaping. Landscaping and planting plans shall incorporate the elements set forth in § 176-72.
(o)
All wetlands, swamps, ponds, streams, intermittent or otherwise, rivers, lakes and lands subject to flooding within the tract and within 300 feet thereof, based on field assessment and Natural Resources Conservation Service data, including:
(p)
Existing and proposed contours at two-foot intervals in areas with less than 10% slope and two-foot intervals in areas with 10% to 20% slopes. Properties containing slopes in more than one category shall have those contours at ten-foot intervals drawn at twice the width as either the two-foot or five-foot contours. Elevations shall be related to a benchmark noted on the plan and be based on the USGS mean sea level datum.
(q)
The name of all adjacent property owners and adjacent block and lot numbers as they appear on the most recent tax list prepared by the Clerk of the appropriate Board.
(r)
For minor site plans only:
[1]
Lighting details in accordance with the standards of this chapter.
[2]
Freestanding sign details showing location and dimensions.
[3]
Circulation and parking details in accordance with the standards of this chapter including, sight triangles at intersections, driveways and aisles; parking spaces; ingress and egress; loading areas; sidewalks; curbs; railroad ties; handicapped parking and curb cuts; and improvement details for the above.
[4]
Drainage calculations and any proposed drainage improvements, including full details.
(t)
Concerning minor subdivisions only, existing and proposed monuments.
(u)
Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq. and soil limits and information based on the Camden County Soil Survey prepared by the USDA.
(v)
If wetlands are present on or within 300 feet of the subject site, applications shall be accompanied by an environmental impact statement in accordance with § 176-107. The applicant may request a waiver of this requirement, either in whole or in part, provided that the applicant states, in writing, the basis for the waiver request. The Board shall act upon the requested waiver prior to the application being deemed complete.
(w)
No minor subdivision or site plan involving any street's additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said street, as applicable, shall be granted to the Township or other appropriate governmental agency.
(x)
Plans of proposed improvements and utility layouts, including sewers, storm drains and water lines, and feasible connections to gas, telephone and electrical utility systems. If private utilities are proposed, they shall comply fully with all Township, county, state and federal regulations. If service will be provided by an existing utility company, in lieu of detailed plans, a letter from that company stating that service will be available before occupancy will be sufficient. Additionally, letters from the appropriate county and state agencies granting approval for the extension of utility services under their respective jurisdiction shall be submitted with the application.
[1]
The applicant shall show any existing wells and/or septic systems.
[2]
The applicant shall show proposed septic system and/or well locations.
[3]
The applicant shall show the location, size, type and capacity of the sanitary facility and the results of soil boring and percolation tests in accordance with N.J.S.A. 58:11-23 et seq.
[4]
The applicant shall show proposed public water and/or sewer connections.
[5]
When public sewer is proposed, the applicant shall supply one boring for each lot if soil maps indicate that the seasonal high-water table may exceed this chapter's standards for a buildable lot.
(y)
No minor subdivision or site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter.
(z)
Deed descriptions (including metes and bounds), easements, covenants, restrictions and roadway dedications shall be submitted for approval and required signatures as required by the Map Filing Law prior to filing with the County Recording Officer. Locations for signatures must be placed so that seals may be impressed over signatures where required.
(aa)
Evidence that a duplicate copy of the application for minor development has been filed with any other agency (including but not limited to the Camden County Planning Board, Camden County Board of Health, and Camden County Soil Conservation District) having jurisdiction over any aspect of the proposed development.
(bb)
A checklist signed by the applicant's engineer/architect/land surveyor.
(cc)
For applications for development proposing to be served by public water and/or sewer service, certification from the County and Municipal Utilities Authorities that such public water and/or public sewer service is available.
§ 176-38 Action on minor subdivision and/or minor site plan applications.
A.
Determination of completeness.
(1)
The application shall be reviewed for the purpose of determining, within 45 days of its submission, whether it is complete.
(a)
If an application is found to contain all of the information required by a checklist adopted as part of this chapter, the Administrative Review Committee shall certify that said application is complete and direct the application to the appropriate Board.
(b)
If an application is found to lack some of the information required by the checklist[1] adopted as part of this chapter, the Administrative Review Committee shall either:
[1]
Cause the applicant to be notified, in writing, that the application is incomplete, specifying the deficiencies; or
[2]
If waivers of checklist items have been specifically requested by the applicant, immediately refer the application to the appropriate Board which shall act on the request for waivers within 45 days of application submission. If the Board reasonably concludes that the missing items of information are not necessary to make an informed decision, the Board may waive the requirement that such items be supplied as a prerequisite for completeness and certify the application is complete. If waivers are granted, the application is complete as long as all other requirements for submission have been satisfied. If waivers are denied, the application is incomplete until the missing information is submitted. At that time, the application is complete if all other requirements for submission have been satisfied.
[1]
Editor's Note: Said checklist is included as an attachment to this chapter.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 176-37B and such request shall be the subject of a resubmitted application treated as a new submission, which shall be acted upon in accordance with § 176-38A(1)(a) and (b) above.
(d)
In the event the Administrative Review Committee fails to act pursuant to § 176-38A(1)(a) or (b) above within 45 days of the date of submission, said application shall be deemed complete as of the 46th day following its submission.
(2)
On the date the application is certified complete, or on the 46th day following submission in the event the Administrative Review Committee fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he is entitled to approval of the application. The Board may subsequently require correction of any information found in error, may require submission of additional information not specified in this chapter, and/or may require revisions, all as are reasonably necessary to make an informed decision whether the requirements for approval have been met; provided, however, that the application shall not be deemed incomplete for lack of any such additional information or revisions.
B.
Distribution of documents. Immediately after certification of completeness, the application documents shall be distributed:
(1)
The Planning Board shall receive the Administrative Review Committee's report, nine copies of the minor plat or plan, the application, any protective covenants, easements and/or deed restrictions, and any environmental impact statement.
(2)
The Planning Board Solicitor shall receive the Administrative Review Committee's report, one copy of the minor plat or plan, the application, any protective covenants, easements and/or deed restrictions, and any environmental impact statement.
(3)
The Planning Board Engineer shall receive the Administrative Review Committee's report, one copy of the minor plat or plan, the application, any protective covenants, easements and/or deed restrictions, and any environmental impact statement.
(4)
At the direction of the Planning Board, additional copies of the minor plat or plan and/or other items of submitted information shall be sent to other Township, county or state agencies and/or to other professional consultants as may be designated by the Board.
(5)
It shall be the applicant's responsibility, unless specifically provided otherwise in this chapter, to submit the required application to any agency (including but not limited to Camden County Planning Board, Camden County Department of Health, Camden County Soil Conservation District, the Commission and the NJDEP) having jurisdiction over any aspect of the proposed development.
C.
Notification to Pinelands Commission.
(1)
Within seven days following a determination of completeness of an application for development, or any change to any application for development which was previously filed, notice of such application shall be given by the Township, in writing, to the Commission in accordance with N.J.A.C. 7:50-4.18(b) and § 176-14G(1).
(2)
Notice of any final determination approving or denying any application for development shall be given to the Commission by the Township, by certified mail, within five days following such determination in accordance with N.J.A.C. 7:50-4.18(e) and § 176-14G(3).
D.
Tolling of time.
(1)
In the case of minor subdivision and site plan applications, approval or denial by the Board must be within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any minor subdivision or minor site plan application which includes any requested variance pursuant to § 176-30A (N.J.S.A. 40:55D-60) shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
(2)
The Planning Board shall take action on a minor subdivision or site plan application under its jurisdiction in the time prescribed in Subsection D(1) above unless such minor subdivision or site plan application is being considered by the Planning Board simultaneously with an application for use variance in accordance with § 176-18H(12) (N.J.S.A. 40:55D-70d), in which case the Planning Board shall act upon all aspects of the application within 120 days after the application has been certified complete, or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
(3)
The Planning Board's engineer shall read any written reports submitted concerning the application and shall review the submission to ascertain its conformity with the requirements of this chapter. The engineer shall perform a detailed review of the application and issue a written report, with his recommendations, to the appropriate Board and the applicant at least seven days prior to the designated hearing date.
(4)
All hearings held on applications for minor site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 15 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing. Alternate design submissions will not be accepted; only one plat design will be accepted for public hearing.
(5)
For any application that is heard by the Planning Board and continued for additional studies, reports, plans, or revisions to previously submitted material, the new or revised material must be submitted to the Township at least 21 days prior to the hearing at which the new material is to be considered.
(6)
All conditions for a minor subdivision or minor site plan approval shall be complied with within 90 days of the meeting at which conditional approval was granted, otherwise the conditional approval shall lapse. Any post approval plan revisions shall be reviewed by the Board Engineer to verify conformity with the resolution of approval within 30 days after receipt of the revised submission.
E.
Required changes and revisions.
(1)
Any proposed application for development determined by the Planning Board that creates, imposes, aggravates or leads to the possibility of adverse effects upon either the property in question or upon any adjacent properties may be required to be revised to remove any adverse effects prior to further review or approval by the Board, in accordance with § 176-32.
(2)
If plan revisions are required after a Board hearing and decision, seven complete sets should be submitted to the Township.
(3)
Any substantial plan revision required by an outside reviewing agency, including the County Planning Board or Commission, after final action by the Planning Board will require a new substantive review. Whenever a development application which has been the subject of a public hearing has been substantially amended for the layout of improvements or impact on adjoining properties, it shall be proceeded upon as a new application.
F.
Action following approval or disapproval.
(1)
Minor site plans and minor subdivision plats shall not be signed until all conditions are incorporated on the plan or plat.
(2)
When a minor subdivision or minor site plan is approved by the Board, a notation indicating the application's classification and determination, including the date of the Board's action, shall be made on at least six prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer and such plat or plan and related deed descriptions shall be signed by the Board Engineer and the Chairman and Secretary of the Board, or the Acting Chairman or Secretary where either or both may have been absent. No further approval of the application shall be required.
(3)
After the final development plans have been approved and signed by the Board Engineer and by the Chairman and Secretary of the Board, or Acting Chairman or Secretary where either or both may have been absent, the plans will be stamped approved and distributed to:
(a)
Township Engineer (In the case of subdivisions only, a Mylar map of the plat drawn to the Tax Map scale of one inch equals 100 feet or one inch equals 400 feet, as directed by the Board Engineer).
(b)
Township Construction Official.
(c)
Township Tax Assessor.
(d)
The Commission.
(e)
The applicant.
(f)
Such other Township, county or state agencies and officials as directed by the Board.
G.
Filing required.
(1)
Within 190 days from the date on which the resolution of municipal approval of a minor subdivision is adopted by the Board, a map drawn in compliance with the Map Filing Law, N.J.S.A. 46:26B-1 et seq., or deed description, properly drafted and signed by the Chairman and Secretary of the Board, or the Acting Chairman or Secretary where either or both may have been absent, shall be filed by the applicant with the County Recording Officer, provided that if an applicant elects to file a deed, such deed shall be accompanied with a photographically reduced copy of the approved plat. Unless minor subdivision plats are filed within the 190 days or an extension for filing is granted by the Board, the approval shall expire and will require Board approval through a new application.[2]
(2)
In accordance with N.J.S.A. 40:55D-54, the County Recording Officer shall notify the approving authority of the filing of any plat within seven days of the filing.
(3)
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed if the developer proves to the Board's reasonable satisfaction that:
(4)
The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after the anticipated expiration date.
H.
Effect of approval.
(2)
The zoning requirements and general terms and conditions, whether conditional or otherwise, shall not be changed for a period of two years after the date of approval by the Board of a minor site plan, or after the date on which the resolution of approval is adopted by the Board for a minor subdivision, provided that the approved minor subdivision shall have been duly recorded. The Planning Board shall grant an extension of this period for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the Board's reasonable satisfaction that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entitles and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before:
§ 176-39 Limit of minor subdivisions.
Minor subdivisions from a parcel in residential zones shall be limited to one such approval by the Municipal Planning Board in a three-year period commencing with the date of adoption of this chapter and thereafter from the date of such minor subdivision approval.
§ 176-40 Submission of preliminary major subdivision plats and preliminary major site plans.
A.
Procedure for submittal.
(1)
The applicant shall submit to the Clerk of the Board no later than 30 days preceding the month of the anticipated hearing date:
(a)
The fees in accordance with § 176-20H or 176-20L;
(b)
A signed escrow agreement;
(c)
A certificate of filing from the Commission;
(d)
Twelve copies of the preliminary major plat or plan;
(e)
Three completed copies of the appropriate application, which includes application for any requested design waivers or variances;
(f)
Three copies of any applicable checklists[1] attached to this chapter with the information required therein, pursuant to N.J.S.A. 40:55D-10.3;
[1]
Editor's Note: Checklists are included as attachments to this chapter.
(g)
Four copies of the environmental impact statement and any other required studies and reports in accordance with Article X;
(h)
Three copies of any protective covenants, easements and/or deed restrictions applicable to the subject site, whether recorded or unrecorded;
(i)
Certification from the Township Tax Collector that taxes are current.
(2)
The Clerk of the Board shall issue an application number. Once an application has been assigned a number, that number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.
B.
Details required for preliminary major subdivision plats and preliminary major site plans.
(1)
Each preliminary plat or plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of such professional; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.
(2)
Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet for major subdivision plats and one inch equals 50 feet for major site plans and shall be submitted on one of four of the following standard sheet sizes - 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 39 inches by 42 inches. Larger sheets shall be folded into eighths with the title block revealed. If more than one sheet is required to show the entire subdivision or site plan, a separate composite map shall be drawn showing the entire subdivision or site plan and the sheets on which the various sections are shown, and each detail sheet shall include a key map showing its relation to the whole tract.
(3)
In addition to meeting the requirements of § 176-14E, each preliminary major plat or plan shall show the following information as applicable to a major subdivision or site plan, unless the municipal reviewing agency determines, upon request of the applicant, that such information either is unnecessary or inapplicable to the particular subdivision or site plan and can be waived:
(a)
A key map with North arrow showing the entire tract and its relation to the surrounding area, at a scale of one inch equals no more than 2,000 feet.
(b)
Title block in accordance with the rules governing title block for professional engineers (N.J.S.A. 45:8-36), including:
[1]
Name of subdivision or development, Township of Waterford, Camden County, with each sheet specifically titled with appropriately descriptive words;
[2]
Name, title, address and telephone number of subdivider or developer;
[3]
Name, title, address, telephone number, signature, seal and license number of the professional or professionals who prepared the plat or plans;
[4]
Name, title and address of the owner or owners of record;
[5]
North arrow;
[6]
Scale (written and graphic);
[7]
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet; and
[8]
Space for the application number.
(c)
Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given his consent under an option agreement.
(d)
If the applicant is a corporation or a partnership, the names and addresses of all partners, or the names and addresses of all stockholders owning 10% or more of any class of stock of the corporation.
(e)
Approval signature and date lines for the Chairman and Secretary in all cases, and the Township Engineer in the case of a major subdivision plat to be filed, with the signature block as required by the Map Filing Law and with the location for signature placed such that the professional seal may be placed over the signature when requested.
(f)
Acreage figures to the nearest tenth of an acre (both with and without areas within public rights-of-way).
(g)
The names, addresses and lot and block numbers of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Clerk of the Planning Board.
(h)
Existing tax sheet number and existing block and lot numbers of the lot, or lots, to be subdivided or developed as they appear on the Township Tax Map, and proposed block and lot numbers as provided by the Township Tax Assessor.
(i)
Tract boundary line (heavy solid line). Where a portion of the tract is to be developed, the site in relation to all remaining contiguous lands in the applicant's or owner's ownership.
(j)
Zoning districts and lines affecting the tract, including district names and all area and bulk requirements, with a comparison to the proposed development.
(k)
Certification from the Township Tax Collector that taxes are current.
(l)
The location of natural and man-made features and improvements both within the tract and within 300 feet of its boundary.
(m)
The proposed location of all plantings, with a legend listing the botanical and common names, the sizes at the time of planting, the total quantity of each plant, and the location of each plant keyed to the plan or plat. Landscaping and planting plans shall incorporate the elements set forth in § 176-72.
(n)
Existing and proposed streams, lakes, ponds, wetlands and wetland buffer areas accompanied by the following data:
[1]
When a running stream with a drainage area of 1/2 square mile or greater is proposed for alteration, improvement or relocation or when a structure or fill is proposed over, under, in or along a running stream, evidence of approval, required alterations, lack of jurisdiction, or denial of the improvement by the New Jersey Division of Water Policy and Supply shall be supplied.
[2]
Cross-sections and profiles of watercourses at an approximate scale showing the extent of the flood fringe area, top of bank, normal water level and bottom elevations at the following locations:
[a]
At all watercourses within or adjacent to the development and at any point where a watercourse crosses a boundary of the development (cross-sections and profiles);
[b]
At fifty-foot intervals for a distance of 300 feet upstream and downstream of any existing or proposed culvert or bridge within the development (cross section).
[c]
At a maximum of one-hundred-foot intervals, but at no less than two locations, along each watercourse which runs through or adjacent to the development (cross sections).
[d]
When ditches, streams, brooks or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation during construction, as well as typical sections and profiles shall be shown on the plan or accompany it.
[3]
The total upstream acreage in the drainage basin of any watercourse running through or adjacent to a development, including the distance and average slope upstream to the basin ridge line, where applicable. For flowing streams, small-scale watershed maps developed from USGS sheets shall be submitted.
[4]
The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in that portion of the development which drains to the structure, including the distance and average slope downstream to the structure and final disposition of the surface waters.
[5]
The location and extent of all existing or proposed drainage and conservation easements and stream encroachment lines.
[6]
The location, extent and water level elevation of all existing or proposed lakes or ponds on or within 300 feet of the development.
(o)
Drainage facilities shall comply with the stormwater runoff provisions of this chapter. The location, construction details, and type of adequate drainage provisions shall be designed to reasonably reduce and minimize exposure to flood damage. Plans and computations for any storm drainage systems shall include the following:
[1]
All existing or proposed storm sewer lines, with plans and profiles, within or adjacent to the tract showing size and slope of the lines, the pipe material type, the strength class or thickness, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
[2]
The location and extent of any proposed dry wells, groundwater recharge basins, detention basins, flood control devices, sedimentation basins or other water conservation devices.
[3]
The results of soil borings and percolation tests performed in any locations listed in Subsection B(3)(o)[2] above.
[4]
A map drawn to scale at a minimum of one inch equals 100 feet showing the contributing area to each inlet or cross drain.
[5]
Computations.
(p)
Existing and proposed contours, with intervals of one foot. All contour information shall refer to a known datum. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line. Existing and proposed contours shall extend to at least 200 feet beyond the limit of the property. Proposed grading shall be shown by spot elevations sufficient to stakeout of site plan proposals. Slopes 15% or more in grade shall be shaded.
(q)
(r)
Existing and proposed street and lot layout with dimensions correct to scale accuracy, showing that portion proposed for development in relation to the entire tract, and existing lot lines to be eliminated.
(s)
The location of all existing structures and their uses, both within the tract and within 200 feet of its boundary, with an indication of existing and proposed front, rear, side yard and building setback distances and lines and whether the existing structures and uses will be retained or removed.
(t)
Size, height and location of all proposed structures, including, but not limited to, signs, fences and lighting facilities, and of all proposed buildings.
(u)
All dimensions necessary to confirm conformity to this chapter, such as the size of the tract to the nearest one hundredth of an acre and any proposed lots to the nearest one tenth of an acre, the number of lots being created, structure setbacks, structure heights, yard areas, existing and proposed building coverage and impervious lot coverage (both in square feet and as a percentage of the lot area) and floor area ratios. All tract and lot sizes shall be expressed in acres and square feet and shall include bearings and distances.
(v)
The proposed locations, angle, height, reflection and direction of illumination, power and type of proposed outdoor lighting, including details of lighting poles and luminaries, which information shall be shown on the plat or plan for each light (See § 176-73).
(w)
The existing and proposed screening, buffering and landscaping, including a landscaping plan, a planting schedule, areas to be seeded or sodded and existing individual trees with a diameter of six inches or more measured five feet above ground level outside of the wooded areas.
(x)
The location and design of any off-street parking and loading area, showing size and location of bays, spaces, aisles and barriers, curbing and paving specifications.
(y)
All means of vehicular access and egress to and from the site onto public streets, showing the site and the dimension and location to streets, fire lanes, driveways and curb cuts within 200 feet, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent a difficult traffic situation.
(z)
The location of existing utility structures, such as water and sewer mains, utility structures, gas transmission lines and high tension power lines on the tract and within 200 feet of its boundaries.
(aa)
Plans and profiles of proposed improvements and utility layouts, including sewers, storm drains and water lines, and feasible connections to gas, telephone and electrical utility systems. The plans and profiles of water and sewer layouts, whether on-site, off-site or off-tract, shall show size and type of pipes and mains, slope, pumping stations, fire hydrants, standard details and trench repair details for street crossings. All utilities shall be installed underground. If private utilities are proposed, they shall comply fully with all Township, county, state and federal regulations. If service will be provided by an existing utility company, in lieu of detailed plans, a letter from that company stating that service will be available before occupancy will be sufficient.
(bb)
The method of sewage treatment and solid waste disposal shall be shown. A determination of adequacy by the Board of Health shall be included where septic tanks and leaching fields are permitted and are proposed. Such plans shall be reviewed by the Board of Health or Municipal Engineer, as applicable, with recommendations to the approving authority. All public services shall be connected to an approved public utilities system where one exists.
(cc)
Plans, typical cross sections, grades, and construction details, horizontal and vertical alignments of the center line of all proposed streets and of all existing streets abutting the tract within 200 feet. The horizontal scale shall be not less than one inch equals 50 feet for all existing and proposed streets. The vertical alignments shall be based on USGS vertical datum or a more specified datum supplied by the Board Engineer, and shall include curbing, sidewalks, bicycle routes, storm drains, drainage structures and cross sections every half and full station of all proposed streets and of all existing streets abutting the tract. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections.
(dd)
Any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan. All easements acquired or required on the tract and across adjacent properties shall be shown, and copies of legal documentation that support the granting of an easement by an adjoining property owner shall be included.
(ee)
The names, locations and width of all existing and proposed rights-of-way and easements, the use for which they are intended to be limited, and the manner in which the easements will be controlled.
(ff)
The proposed permanent monuments shall be shown, in accordance with the Map Filing Law, N.J.S.A. 46:26B-1 et seq., with two permanent benchmarks based on USGS datum, all elevations to relate to benchmarks.[3]
(gg)
Concerning site plans only, a written description of the proposed use and operation of the buildings, including emission of noise, glare, vibration, heat, odor, air and water pollution, safety hazards, expected truck and tractor trailer traffic and the proposed number of shifts to be worked, the maximum number of employees on each shift, and the hours of operation.
(hh)
Identification of any lot or area to be reserved or dedicated to public use, showing all improvements such as landscaping, grading, walkways, bicycle paths and recreational facilities.
(ii)
Recreational facilities in accordance with § 176-82, including full specifications of any paving, fencing, seeding and equipment.
(jj)
A boundary survey by a licensed New Jersey land surveyor, certified on a date within six months of the date of submission.
(ll)
A municipal services and utilities impact statement analyzing the probable impact on municipal services, including:
[1]
Feasibility of providing potable water to the site to meet the required demand for the intended use without degrading either all or a portion of the entire system. Consideration shall be given to the adequacy of any existing storage and distribution system.
[2]
Stormwater management calculations.
[3]
Feasibility of conveying and treating the sewage generated by the proposed development within an existing system.
[4]
Schools.
[5]
Police, fire and ambulance services and protection.
[6]
Road and traffic, specifically with reference to any Township circulation plan.
[7]
Sanitation and trash disposal.
[8]
Supporting data to show how conclusions were determined.
(mm)
Composite environmental constraints map at the same scale as the preliminary plat. The applicant shall, from specific and detailed review of the site and any other available information, present a plan indicating:
(nn)
All preliminary major subdivision and/or preliminary major site plan applications shall be accompanied by an environmental impact statement in accordance with § 176-107. The applicant may request a waiver of this requirement, either in whole or in part, provided that the applicant states in writing the basis for the waiver request. The Board shall act upon the requested waiver prior to declaring an application complete.
(oo)
Concerning site plans only, signed and sealed, scaled elevations by a licensed New Jersey architect of the front, side and rear of any structure to be erected or modified, floor plans and expansion plans incorporated into the building design.
(qq)
In the case of any subdivision or site plan submission of a planned development, the applicant shall be required to submit all of the required information for all of the properties comprising the planned development, regardless of whether the applicant is seeking approval of the whole or a section of the planned development; specifically, the applicant shall be required to show the interrelationship of each portion of the project with the whole of the project considering land use, traffic, open space, buffering, drainage and surface water management, sewerage, potable water supply and any other specific planning considerations as may be of particular relevance to a particular planned development.
(rr)
Evidence that duplicate copies of the application for major development has been filed with any other agency (including, but not limited to, the Camden County Planning Board, Camden County Soil Conservation District and Camden County Department of Health) having jurisdiction over any aspect of the proposed development.
(ss)
A checklist signed by the applicant's engineer/architect/land surveyor.
(tt)
For applications for development proposing to be served by public water and/or public sewer service, a certification from the Camden County and Waterford Township Municipal Utilities Authorities that such public water and/or public sewer service is available.
(uu)
The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area, provided however, that no such application shall be declared incomplete for the lack of such additional information.
§ 176-41 Action by Township on preliminary major subdivision plats and preliminary major site plans.
A.
Determination of completeness. The process for determining if an application is complete shall be the same as that provided under § 176-38A.
B.
Distribution of documents. Distribution of documents shall be the same as that provided under § 176-38B.
C.
Notification to Pinelands Commission. Notification to the Commission shall be required as set forth under § 176-38C.
D.
Tolling of time.
(1)
The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete, or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any major subdivision and/or site plan application which includes any requested variance pursuant to § 176-30A (N.J.S.A. 40:55D-60) shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
(2)
The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any major subdivision and/or site plan application which includes any requested variance pursuant to § 176-30A (N.J.S.A. 40:55D-60) shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
(3)
The Board of Adjustment shall take action on a preliminary major subdivision or site plan application under its jurisdiction in the time prescribed in Subsection D(1) and (2) above unless such preliminary major subdivision or site plan application is being considered by the Planning Board simultaneously with an application for use variance in accordance with § 176-18H12) (N.J.S.A. 40:55D-70d), in which case the Planning Board shall act upon all aspects of the application within 120 days after the application has been certified complete, or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
(4)
The Planning Board's Engineer shall read any written reports submitted concerning the application and shall review the submission to ascertain its conformity with the requirements of this chapter. The Engineer shall perform a detailed review of the application and issue a written report, with his recommendations, to the appropriate Board and the applicant at least 15 days prior to the designated hearing date.
(5)
All hearings held on applications for preliminary major subdivision or site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 15 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing. Alternate design submissions will not be accepted; only one plat design will be accepted for public hearing.
(6)
For any application that is heard by the Planning Board and continued for additional studies, reports, plans, or revisions to previously submitted material, the new or revised material must be submitted to the Township at least 21 days prior to the hearing at which the new material is to be considered.
(7)
Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Revised plans will be reviewed by the Board Engineer to verify conformity with the resolution of preliminary approval within 30 days after receipt of the revised submission.
(8)
The Clerk of the Board shall forward the applicant a copy of the approved resolution, adopted in accordance with § 176-19K, within 10 days of its adoption by the Board.
(9)
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted, in accordance with § 176-19K, setting forth the reasons for such rejection. The Clerk of the Board shall forward one copy of the plat or plan and resolution to the applicant within 10 days following adoption of said resolution.
(10)
If all conditions of preliminary approval are not complied with within 180 days from the date of the hearing rendering a decision on the application, the conditional approval shall lapse and the applicant shall be promptly notified by the Clerk of the Board.
E.
Required changes and revisions.
(1)
Any proposed application for development determined by the Planning Board that creates, imposes, aggravates or leads to the possibility of adverse effects upon either the property in question or upon any adjacent properties, may be required to be revised to remove any adverse effects prior to further review or approval by the Board, in accordance with § 176-32.
(2)
In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions of this chapter pursuant to N.J.S.A. 40:55D-65c.
(b)
That the proposals for maintenance and conservation of the common space are reliable, and the amount, location and purpose of the common open space are adequate.
(c)
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.
(d)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(e)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupancy and owners of the proposed development in the total completion of the development are adequate.
(3)
If plan revisions are required after a Board hearing and decision, seven complete sets should be submitted to the Township.
(4)
Any substantial plan revision required by an outside reviewing agency, including the County Planning Board or Commission, after final action by the Planning Board will require a new substantive review. Whenever a development application which has been the subject of a public hearing has been substantially amended for the layout of improvements or impact on adjoining properties, it shall be proceeded upon as a new application.
F.
Action following approval or disapproval.
(1)
Preliminary major site plans and subdivision plats shall not be signed until all conditions are incorporated on the plan or plat.
(2)
If the Board acts favorably on the preliminary plat or plan, the Board Engineer and the Chairman and Secretary of the Board, or Acting Chairman or Secretary where either or both may have been absent, shall affix their signatures to at least 10 copies of each page of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.
G.
Effect of approval.
(2)
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is granted:
(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; except that nothing therein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
(b)
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plat.
(c)
That the applicant may apply for, and the approving authority may grant, extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
(3)
In the case of a subdivision or site plan for an area 50 acres or more, upon application by the developer, the Planning Board may grant the rights referred to in § 176-41G(2) above for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible under preliminary approval;
(b)
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;
(c)
Economic conditions;
(d)
The comprehensiveness of the development; and
(e)
Provided that if the design standards have been revised by ordinance, such revised standards may govern.
H.
Extension of preliminary approval.
(1)
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 developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals.
(2)
A developer shall apply for this extension before what would otherwise be the expiration date or the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Planning Board from granting an extension pursuant to § 176-41G(2)(c) and G(3) above.
(3)
Whenever the Planning Board grants an extension of preliminary approval pursuant to § 176-41G(2)(c) or 176-41G(3) and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer shall apply for the extension either before or after what would otherwise be the expiration date.
§ 176-42 Submission of final major subdivision plats and final major site plans.
A.
Procedure for submitting final major subdivision plats and final major site plans. A final plat or plan shall be submitted to the Clerk of the Board within three years after the date of the preliminary approval or any authorized extension thereof. The applicant shall submit to the Clerk of the Board no later than 30 days preceding the month of the anticipated hearing date:
(1)
The fees in accordance with § 176-20I or 176-20M as the case may be;
(2)
A signed escrow agreement;
(3)
One Mylar (in the case of subdivisions: two Mylars) and 12 paper prints of the final plat;
(4)
Three completed copies of the appropriate application, which includes application for any requested design waivers or variances;
(5)
Three copies of any applicable checklists[1] attached to this chapter with the information required therein, pursuant to N.J.S.A. 40:55D-10.3;
[1]
Editor's Note: The checklists are included as attachments to this chapter.
(6)
The application number on all papers, maps, plats or plans and other documents for processing in conjunction with the application;
(7)
When applicable, the developer shall provide evidence of PDC ownership to secure the same proportion of lots or residential units as was approved for PDC use in the preliminary approval.
B.
Details required for final major subdivision plats and final major site plans. The following information shall be submitted:
(2)
All additional details required at the time of preliminary approval shall be submitted.
(3)
A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons, such as parking spaces building coverage, lot coverage, open space areas and number of lots.
(4)
Detailed architectural and engineering data, including:
(a)
An architect's design drawing of each building and sign or a typical building and sign showing front, side and rear elevations.
(b)
Cross-sections, plans, profiles and established grades of all streets, aisles, lanes and driveways, including center line geometry and horizontal alignments with bearings, radii and tangents.
(c)
Plans and profiles of all storm and sanitary sewers and water mains.
(d)
All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 5,000 and the dimensions of all lot lines to within one to 10,000. All dimensions, angles and bearings must be tied to at least one permanent monument not less than 300 feet apart and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to the U.S. Geodetic Survey System, with the data on the plat as to how the bearings were determined.
(5)
A copy of the signed preliminary plat or plan in conformance with the resolution of approval.
(6)
Notification of the Commission review of the preliminary approved plat.
(7)
Evidence that a duplicate copy of the application for development has been filed with any other agency (including, but not limited to, the Camden County Planning Board, Camden County Board of Health and Camden County Soil Conservation District) having jurisdiction over any aspect of the proposed development.
(8)
Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq.
(9)
The final submission shall be accompanied by the following documents:
(a)
Certification from the Township Tax Collector that taxes are current.
(b)
A street numbering plan by the Township Tax Assessor.
(c)
Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company, sewer utility and any other company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy. The designing engineer(s) shall certify to the Board that the existing cross-section(s) and profile(s) have been run in the field and the field notes shall be forwarded to the Township Engineer.
(d)
The applicant shall certify, in writing, to the Board that he has:
[1]
Installed all improvements in accordance with the requirements of this chapter and preliminary plat approval with a maintenance guarantee accompanying the final plat; and/or
[3]
Provided a construction schedule for all improvements yet to be installed which establishes the scheduling and timing of installation of all improvements covered by the performance guaranty. The approved schedule shall be required for the protection of the interests of the public and residents, occupants and owners of the proposed development in the total completion of the project. The schedule shall be a part of the resolution granting final approval, and completion of the improvements in accordance with the schedule shall be a condition of approval.
(e)
A statement from the Township Engineer that all improvements installed prior to the final application have been inspected as provided in § 176-22, and that such improvements installed prior to final application approval that do not meet or exceed Township standards shall be factored into the required performance guarantee.
§ 176-43 Action by Township on final major subdivision plats and final major site plans.
A.
Determination of completeness. The process for determining if an application is complete shall be the same as that provided under § 176-38A.
B.
Distribution of documents. Distribution of documents shall be the same as that provided under § 176-38B.
C.
Notification to Pinelands Commission. Notification to the Commission shall be required as set forth under § 176-38C.
D.
Tolling of time.
(1)
The Planning Board shall take action of final site plan and final subdivision applications within 45 days after the application has been certified complete, or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
(2)
The Planning Board's Engineer shall read any written reports submitted concerning the application and shall review the submission to ascertain its conformity with the requirements of this chapter. The Engineer shall perform a detailed review of the application and issue a written report, with his recommendations, to the appropriate Board and the applicant at least seven days prior to the designated hearing date.
(3)
For any application that is heard by the Planning Board and continued for additional studies, reports, plans, or revisions to previously submitted material, the new or revised material must be submitted to the Township at least 21 days prior to the hearing at which the new material is to be considered.
(4)
If plan revisions are required after a Board hearing and decision, plans will then be reviewed by the Board Engineer and Planner to verify conformity with the resolution of approval within 30 days after receipt of the revised submission.
E.
Required changes and revisions. Any substantial plan revision required by an outside reviewing agency, including the Camden County Planning Board or the Commission, after final action by the Planning Board, will require a new substantive review. Whenever a development application which has been the subject of a public hearing has been substantially amended for the layout of improvements or impact on adjoining properties, it shall be proceeded upon as a new application.
F.
Action following approval or disapproval.
(1)
Major site plans and major subdivision plats shall not be signed until all conditions are incorporated on the plan or plat and all performance bonds and guarantees have been filed with the Municipal Clerk.
(2)
If the Board acts favorably on the final plat or plan, the Board Engineer and the Chairman and Secretary of the Board, or the acting Chairman or Secretary where either or both may be absent, shall affix their signatures to at least six paper copies of the final plat or plan, including all required revisions, with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing at least two Mylar copies of the approved plat in addition to the six paper copies.
(3)
After approval of the final plat or plan by the Board, the Clerk of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with § 176-19K:
(a)
Township Engineer (1 paper copy and, in the case of subdivisions only, 1 Mylar copy drawn to the Tax Map scale of one inch equals 100 feet or one inch equals 400 feet, as directed by the Board Engineer).
(b)
The Pinelands Commission (one paper copy).
(c)
The applicant (one paper copy and, in the case of subdivision only, one Mylar copy).
(d)
Such other Township, county or state agencies and officials as directed by the Board.
(4)
If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Clerk of the Board, within 10 days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.
G.
Filing required.
(1)
Within 95 days from the date of signing of the final subdivision plat, the subdivider shall file a copy of same with the Camden County Clerk. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days.
(2)
The Board may extend the 95 days to a maximum of 190 days if the developer proves to the reasonable satisfaction of the Board, that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after the anticipated expiration date.
H.
Effect of approval of major subdivision plat and major site plans.
(2)
Final approval of a major subdivision or major site plan shall confer upon the applicant the following rights for a period of two years from the date on which the resolution of final approval is adopted:
(a)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer shall not be changed.
(b)
If the developer has followed the standards prescribed for final approval, the Board may extend such period of protection for extensions of one year each, not exceeding three extensions.
(3)
Granting of rights; extension of final approval.
(a)
In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in § 176-43H(2)(a) above for such period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration:
(b)
The developer may apply for thereafter, and the Board may thereafter grant, an extension to final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration:
(4)
Whenever the Board grants an extension of final approval pursuant to § 176-43H(2)(b) or H(3) 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 developer may apply for the extension either before or after what would otherwise be the expiration date.
I.
Extension of final approval.
(1)
The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before:
(2)
An extension granted pursuant to this section shall not preclude the Planning Board from granting an extension pursuant to § 176-43H(2)(b) or H(3) above.