Weymouth City Zoning Code
ARTICLE VI
Development Application Procedures and Plat Details
§ 155-61 Approval required.
In all zones for proposed uses, subdivision, site development or construction other than an "exempt development," site plan and/or subdivision approval shall be required prior to:
A.
Subdivision of land.
B.
Issuance of a development permit or building permit.
C.
Commencement of any regulated use or activity, which includes:
(1)
The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structures.
(2)
The use or occupancy of any building, structure or land.
(3)
The subdivision or resubdivision of any land.
(4)
Any activity which entails the construction of any improvements or the alteration of the natural condition of any land.
§ 155-62 Application for development permit.
A.
In all cases, application shall first be made to the Administrative Officer (Zoning Officer) for issuance of a development permit by any person wishing to undertake any regulated activity.
B.
If the Administrative Officer (Zoning Officer) shall determine that the proposed undertaking is an exempt development which conforms in all aspects to the requirements of this chapter and does not require direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34, he or she shall issue a development permit and the applicant may then apply for a building permit and/or other permits that may be required.
C.
If the Administrative Officer (Zoning Officer) shall determine that the proposed undertaking is an exempt development but does not conform in all aspects to the requirements of this chapter and/or requires direction for issuance of a building permit pursuant to N.J.S.A. 40:55D, he or she shall instruct the applicant that Planning Board approval of an application for development variance and/or direction for issuance of a building permit is required before a development permit may be issued allowing the applicant to apply for a building permit and/or other permits that may be required.
[Amended 12-2-2015 by Ord. No. 543-2015]
D.
An application for development permit shall be in writing by the owner or his or her authorized agent and include the following:
(1)
A statement of the use or intended use or uses of the building, structure or land.
(2)
An elevation drawn to scale of the building or structures to be erected including signs to be placed thereon and their content and manner of construction.
(3)
A plan drawn to scale showing all proposed and/or existing buildings, signs, parking areas, setbacks and yard distances in exact relocation to street and lot lines.
(4)
The proportion of existing and proposed lot coverage.
E.
The Administrative Officer (Zoning Officer) shall take action on a complete application for a development permit within 10 days of its submission.
F.
If the Administrative Officer (Zoning Officer) shall determine that the proposed undertaking is not an exempt development, he or she shall instruct the applicant that the Planning Board approval of an application for development is required. He or she shall further advise the applicant which Board has jurisdiction over the application for development and which of the following approvals are required:
[Amended 12-2-2015 by Ord. No. 543-2015]
G.
The Planning Board shall hear and act upon any requests for granting of variances, conditional use approval and/or direction for issuance of a building permit at the same time that they hear and act upon a minor subdivision, preliminary plat of a major subdivision, a minor site plan or a preliminary plat of a major site plan. Such simultaneous action may be taken in conjunction with a final plat of a major subdivision or major site plan if revisions in the plat subsequent to preliminary plat approval shall have created the need for such simultaneous action or if the application is for combined preliminary and final plat approval.
[Amended 12-2-2015 by Ord. No. 543-2015]
§ 155-63 Informal review and preliminary submission.
A.
Informal review. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review. Such review shall be limited to planning concepts, and no written reaction to the review shall normally be provided by the Board.
B.
Preliminary submission. Any developer who intends to submit an application for development may request to be scheduled as a preliminary submission. The purpose of a preliminary submission is to establish general guidelines to be followed by the applicant in preparing his or her submission with primary regard to plat details and submission requirements. The Board will advise the developer in writing of any determinations reached as a result of a preliminary submission. Fees are provided for preliminary submissions.
§ 155-64 Applications for development requiring Planning Board action.
[Amended 12-2-2015 by Ord. No. 543-2015]
A.
Submission requirements. All applications for development requiring Planning Board action shall be submitted in accordance with the requirements set forth in §§ 155-64 through 155-69 and § 155-73 of this chapter. Where an application involves approval related to more than one section, the more restrictive requirements shall apply.
B.
Administrative review.
(1)
Upon receipt of an application for development, the Administrative Officer shall retain the original of the application and one copy of the plat maps and attachments and forward the other copies of the application and all plat maps, supporting attachments, exhibits and other information submitted to the Secretary of the Planning Board. The Secretary of the Planning Board shall review the application for compliance with submission requirements. If the application is for a site plan, subdivision and/or conditional use, the Secretary of the Planning Board shall make the following distribution of the application, plat maps and attachments:
Application | Plat Maps and Attachments | ||
|---|---|---|---|
Township Engineer | 1 | 2 | |
Environmental Commission | 1 | 1 | |
Board of Health | 1 | 1 | |
Construction Code Official | 1 | 1 | |
Fire Department | 1 | 1 |
(2)
The Planning Board may determine that additional distribution of the application, plat map and attachments should be made to other agencies, and in such cases, the applicant may be required to submit additional prints.
C.
Completeness review.
(1)
When all submission requirements have been fulfilled and, in case of site plans, subdivisions and conditional uses, when completeness review reports have been received form the Township Engineer certifying that the plans and attachments are in compliance with all submission requirements; the Administrative Officer (Secretary of the Planning Board) will, if all other requirements have been met, deem the application complete and issue a certificate of completeness and forward the application to the municipal agency for hearing.
D.
Engineering review. The Township Engineer shall review applications for development for site plans, subdivisions and conditional uses and shall advise the Planning Board and the applicant of any technical deficiencies, required changes and/or recommended changes. Ten copies of revised plans and attachments, which correct all deficiencies, incorporate all required changes and satisfactorily consider all recommended changes, shall be submitted to the Administrative Officer for further review.
E.
Conditional approvals.
(1)
After issuance of a certificate of completeness, all applications for development shall be acted upon by the Planning Board within the time limits set forth within Article III of this chapter, or within such further time as may be consented to by the applicant. Outside the Pinelands Area, if required approvals from other government agencies have not been received prior to Planning Board approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.
(2)
If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board to an extent that the Board determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board and pay the fees for such revised approval set forth in § 155-18 of this chapter.
F.
Board action. In acting upon an application for development for a subdivision or site plan, the Planning Board shall consider whether the submittal complies with the following standards and regulations:
(1)
The proposed use is consistent with the Master Plan.
(2)
The plat submission contains all of the information and data required by this chapter.
(3)
The details and improvement standards of the plat are in accord with the standards of this chapter.
(4)
Adequate provision is made for safe and convenient vehicular traffic access, circulation and parking.
(5)
Adequate provision is made for safe and convenient pedestrian circulation.
(6)
Ingress and egress for the site will not unduly impede or obstruct the flow of traffic on public streets.
(7)
Adequate provision has been made for the collection and disposal of stormwater runoff and the proposed drainage facilities have been approved by the Township Engineer.
(8)
Adequate provision has been made to screen adjoining residential properties from any adverse effects that might result from outdoor lighting, buildings, parking areas, refuse storage areas, recreation areas, equipment areas, bulk storage areas or similar utilities or structures located on the site.
(9)
Adequate provision has been made for compliance with the performance standards of this chapter.
(10)
Adequate provision has been made to provide structures and uses of a quality and design which will not produce adverse effects on existing developments in the surrounding area or future uses designated for the surrounding area in the Master Plan.
(11)
The proposed development is compatible with approved subdivisions and/or site plans for adjacent and nearby parcels of land.
(12)
The proposed development is compatible with environmental and/or historical characteristics and conditions of the site and nearby parcels of land.
G.
Reproduction of final site plans and plats and issuance of development permit. Approvals of all applications for development shall not be valid until all the following have taken place:
(1)
The Administrative Officer (Planning Board Secretary) and Township Engineer shall certify that all conditions of approval have been satisfied.
(2)
In the case of applications for development for site plans and subdivisions, the applicant shall submit the reproducible original of the plat for signature of the Chairman and Secretary of the Planning Board, and in the case of minor subdivisions or final plats of major subdivisions, the Township Engineer.
(3)
The applicant shall provide six copies of the plat and attachments. After signature, the Administrative Officer shall have the original and all copies signed and shall return the reproducible original of the plat and attachments to the applicant. One copy shall be retained in the files of the Administrative Officer, the reproducible Mylar and two copies shall be retained in the files of the Township Engineer, one copy shall be retained in the files of the Construction Code Official and one copy to the applicant.
(4)
For the applications for development that receive minor or final plat approval, the Administrative Officer shall issue a development permit after the plat has been signed. The date of the development permit shall be the date upon which the approval of applications for development related to preliminary plats become valid, which shall be the date on which the plat is signed by the Chairman and Secretary of the Planning Board and Township Engineer. However, the period of time for which certain rights are conferred upon the applicant shall commence on the date which the Planning Board granted the approval.
H.
Waiver of requirements. The municipal agency may, upon specific written request of an applicant, consider and approve or deny requests for waiver of submission requirements or for any of the specific plat detail requirements set forth in this article except for Pinelands Area development application requirements and procedures. All such requests by an applicant shall cite the specific requirement by section number and shall state the specific reason for request of waiver. An application which either meets all submission and detail requirements will be considered complete. If a request for waiver is denied, the applicant must provide the required submissions. Such detailed submissions will be reviewed as provided for new applications and all time limits will recommence as for new applications.
§ 155-65 Minor subdivisions.
A.
Required documents. Prior to issuance of a certificate of completeness or scheduling of a minor subdivision for public hearing, the Administrative Officer (Planning Board Secretary) shall determine that the following have been submitted in proper form:
[Amended 12-2-2015 by Ord. No. 543-2015]
(1)
A certificate of title, which may be on the plat (signed by the owner and notarized) or in a letter form, signed by a member of the New Jersey Bar, by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.
(2)
Township Engineer's report.
(3)
Application for tidal or nontidal wetlands or tidelands approval, where required.
(4)
Other submittals that may be required by the Township Engineer, Planning Board, or federal, state, county or municipal law.
(5)
The application for development for a minor subdivision or minor site plan shall include a request for the granting of any variances required.
(7)
Ten copies of a completed application form.
(9)
Ten copies of a plat and attachments meeting the requirements set forth below.
B.
Plat requirements.
(1)
General requirements: The plat for a minor subdivision shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of the New Jersey Map Filing Law, N.J.S.A. 46:23-9.9 et seq.,[1] and shall include or be accompanied by the information specified below:
(a)
All dimensions, both linear and angular, of the exterior boundaries of the subdivision, all lots and lands reserved or dedicated for public use shall balance, and their descriptions shall close within a limit of error of not more than one part in 10,000.
(b)
The minor subdivision shall be based upon a current boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys, certified to the subdivider and prepared or recertified not less than 12 months prior to the date of application.
[1]
Editor's Note: Said law was repealed by L.2011, c. 217, § 2, effective 5-1-2012.
(2)
Title block. A title block shall appear on all sheets and include:
(a)
Title to read "Minor Subdivision."
(b)
Name of the subdivision, if any.
(c)
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
(d)
Acreage of the tract being subdivided to the nearest hundredth of an acre.
(e)
Names and addresses of owner and subdivider so designated.
(f)
Date (of original and all revisions).
(g)
Name, signature, address and license number of the land surveyor who prepared the map and made the survey (the plat shall bear the embossed seal of said land surveyor).
(3)
Detailed information.
(a)
A key map (at a scale of not less than one inch equals 1,000 feet) showing the location of the tract to be subdivided with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any zone district boundaries and Township boundary which is within 500 feet of the subdivision.
(b)
The names of all owners of and property lines of all parcels within 200 feet in all directions to the property, including properties across the street, as shown by the most recent tax records of the Township.
(c)
All zone district boundaries, Township borders, existing public easements, Tax Map lot and block numbers, watercourses, floodways and flood hazard areas within 200 feet, and both the width of the paving and the width of the right-of-way of each street within 200 feet of the subdivision.
(d)
All existing structures, with an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain, referenced to proposed lot lines.
(e)
All proposed public easements or right-of-way and the purposes thereof.
(f)
The existing systems of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage (where required by the Board or Township Engineer).
(g)
All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified shall be shown to the nearest hundredth of a square foot or hundredth of a linear foot.
(h)
North arrow.
(i)
Written and graphic scales.
(j)
A copy of any existing or proposed covenants or deed restrictions applying to the land being subdivided or certification that none exists. Such certification may be in letter form signed by a member of the New Jersey Bar, by a title officer or authorized agent of a title insurance company licensed to do business in New Jersey.
(k)
Proposed lot and block numbers as assigned by the Township Assessor in accordance with the digitized lot numbering system specifications promulgated by the New Jersey Division of Taxation.
(l)
Such other information as the Board and/or Township Engineer may require or request during the review of the application for classification and approval as a minor subdivision.
C.
Action on minor subdivision applications.
(1)
By the Planning Board: When an application is referred to the full Planning Board, the Board will take action within 45 days of the date of submission of a complete application. Any referrals by the Subdivision Committee will be made in a timely manner so that the Board can take action within the time allowed.
(2)
By the Zoning Board of Adjustment:[2] If the application for classification and approval as a minor subdivision is before the Board of Adjustment, it may be classified and approved as a minor subdivision by a majority vote of a quorum of the Board, with or without conditions. [If such action is simultaneous with action on a variance pursuant to § 155-8K(1)(d) of this chapter or N.J.S.A. 40:55D-70d, an affirmative vote of at least 2/3 of the full authorized membership of the Board is required.]
(3)
Time limits for minor subdivision approvals; extensions.
[Amended 6-19-1996 by Ord. No. 344-96]
(a)
Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
(b)
Except as provided in Subsection C(3)(c), approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.)[3], or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may be permitted by ordinance to accept a plat not in conformity with the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said Map Filing Law.
[3]
Editor's Note: Said law was repealed by L.2011, c. 217, § 2, effective 5-1-2012.
(c)
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection C(3)(b) if the developer proves to the reasonable satisfaction of the Planning 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 an diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(d)
The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Planning Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Planning 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 required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
D.
Conditions of approval. Any approval of an application for development for a minor subdivision granted by the Planning Board shall be subjected to the following conditions being satisfied prior to signing of the plat or issuance of a development permit:
[Amended 12-2-2015 by Ord. No. 543-2015]
(1)
Installation of or posting of performance guaranties for the installation of any improvements required by the Board.
(2)
Payment of any outstanding real estate taxes.
(3)
Atlantic County Planning Board approval (if not previously granted).
(4)
Weymouth Township Municipal Utilities Authority approval (if not previously granted).
(5)
Submission of additional prints of the plat map and attachments for distribution (if required).
(6)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board Secretary) within the time set forth in § 155-9E of this chapter.
(7)
Any other conditions which may be imposed by the Board or which may be required by federal, state or municipal law.
E.
Certification. In the event that the application for development for a minor subdivision is approved, a certification to that effect in this form:
[Amended 12-2-2015 by Ord. No. 543-2015]
Classified and approved as a minor subdivision by the Township of Weymouth Planning Board on | ||||
|---|---|---|---|---|
Attest: | Chairman | Date | ||
Secretary | Township Engineer | Date | ||
This plat (or a deed describing this subdivision) must be filed in the office of the Clerk of Atlantic County on or before ___________________________________, which date is 190 days after approval as a minor subdivision by the Township of Weymouth Planning Board. | ||||
§ 155-66 Minor site plans.
A.
Required documents. Prior to issuance of a certificate of completeness, the Administrative Officer (Planning Board Secretary) shall determine that the following have been submitted in proper form. The Administrative Officer may schedule a minor site plan for consideration by the municipal agency upon submission of the items in Subsection A(1) through (8):
[Amended 12-2-2015 by Ord. No. 543-2015]
(1)
Township Engineer's report.
(2)
Copy of application for or certification of CAFRA permit, where required.
(3)
Application for state wetlands permit, where required.
(4)
Other submittals that may be required by the Planning Board or federal, state or municipal law.
(5)
The application for development for a minor site plan shall include a request for the granting of any variances required or other approvals required from the municipal agency.
(7)
Ten copies of a plat and attachments meeting the requirements set forth below.
(8)
Ten copies of a completed application form.
B.
Plat requirements.
(1)
General requirements:
(a)
Any minor site plan presented to the municipal agency for its approval shall be drawn, signed and appropriately sealed by an architect, professional engineer, land surveyor and/or professional planner and professional land surveyor licensed to practice in the State of New Jersey.
(b)
Site plans shall not be drawn at a scale smaller than one inch equals 50 feet nor larger than one inch equals 10 feet. If the size of the site would require the use of sheets larger than 30 inches by 42 inches in order to show the entire site on one sheet, the detailed information for the site plan shall be shown in sections on sheets not larger than 30 inches by 42 inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one inch equals 200 feet.
(c)
The site plan shall be based on a monumented current, certified boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys. The date of the survey and the name, signature, license number and embossed seal of the professional land surveyor making same shall be shown on the map. If 12 months or more have passed since the date of (or date of last recertification of) the survey, it shall be recertified and, if necessary, brought up-to-date.
(2)
Title block. The title block shall appear on all sheets and include:
(a)
Title of "Minor Site Plan."
(b)
Name of the development, if any.
(c)
Tax Map sheet, block and lot number of the site, as shown on the latest Tax Map, the date of which should also be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and developer, so designated.
(f)
Name(s), signature(s), addresses(es) and license number(s) of the engineer, architect, land surveyor or planner who prepared the plat and their embossed seal.
(g)
If the site plan contains more than one sheet, each sheet shall be numbered and titled.
(3)
A schedule shall be placed on the site plan indicating:
(a)
The area of the tract and site (the portion of the tract involved in the site plan).
(b)
The floor area of the existing and proposed building (listed separately).
(c)
The proposed use or uses and the floor area devoted to each use.
(d)
The zone district in which the site is located.
(e)
Proposed and required lot dimensions and front, rear and side setbacks.
(f)
Provided and required off-street parking spaces.
(g)
Square footage and percentage of the site retained in unoccupied open space.
(4)
North arrow and written and graphic scales.
(5)
Sufficient spot elevations (United States Coastal Geodetic Survey datum) and/or contour lines to indicate the proposed system of surface drainage and the relationship of proposed grading to the land surrounding the site.
(6)
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Planning Board in the determination of floodway and flood hazard area limits.
(7)
Paving and right-of-way widths of existing streets within 200 feet of the site.
(8)
The boundary, nature and extent of the wooded areas, swamps, bogs and ponds within the site and within 200 feet thereof. Any trees 12 inches or larger on the site as measured at four feet above the base shall be located by and identified by species name.
(9)
A key map, (at a scale of not less than one inch equals 1,000 feet), showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone district boundaries or Township boundaries which are within 500 feet of the subdivision.
(10)
The following shall also be required unless the Administrative Officer determines that they are not necessary to provide a full understanding of the application:
(a)
Existing at point of connection and all proposed manholes, sewer lines, waterlines, fire hydrants, utility poles and all other topographical features of a physical or engineering nature within the site and within 50 feet thereof.
(b)
All existing structures on the site and within 50 feet thereof, including the use thereof, and indicating those to be destroyed or removed and those to remain.
(c)
Location, use, finished grade level, ground coverage, first floor and basement elevations, front, rear and side setbacks of all buildings and other pertinent improvements.
(d)
Existing and proposed public easements or rights-of-way and the purposes thereof.
(e)
Zone district boundaries and Tax Map sheet, lot and block numbers and names of owners of all properties across any street from or within 50 feet of the site.
(f)
The capacity of off-street parking areas and the location and dimensions of all access drives, aisles and parking stalls.
(g)
The location and size of proposed loading docks.
(h)
Location of curbs and sidewalks.
(i)
Cross-section(s) showing the composition of pavement areas, curbs and sidewalks.
(j)
Exterior lighting plan, including the location, direction of illumination, amount of illumination expressed in horizontal footcandles, wattage and drawn details of all outdoor lighting standards and fixtures.
(k)
Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized and planting details for trees, shrubs and/or ground cover. In the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 155-57B(4).
[Amended 8-20-1997 by Ord. No. 349-97]
(l)
Locations of signs and drawn details showing the size, nature of construction, height and content of all signs.
(m)
Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.
(n)
Floor plans and building elevation drawings of any proposed structure or structures, or existing structures to be renovated.
(o)
Written description of the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. The written description of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site and provisions to be made for site maintenance.
(11)
Such other information as the municipal agency and/or Township Engineer may request during site plan review.
C.
Conditions of approval. Any approval of an application for development for a minor site plan granted by the municipal agency shall be subject to the following conditions being satisfied prior to signing of the site plan or issuance of a development permit:
(1)
Installation and approval of or posting of performance guaranties for the installation of those improvements which are necessary to protect adjacent property and public interest in the event development of the site was not completed.
(2)
Payment of any outstanding real estate taxes.
(3)
Final Atlantic County Planning Board approval (if not previously granted).
(4)
Weymouth Township Municipal Utilities Authority approval (if not previously granted).
(5)
Submission of additional prints of the site plan and attachment for distribution (if required).
(6)
Filing of an appropriate instrument with the Atlantic County Clerk consolidating the lots constituting the site (if required).
(7)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board Secretary) within the time set forth in § 155-9E of this chapter.
[Amended 12-2-2015 by Ord. No. 543-2015]
(8)
Any other conditions which may be imposed by the Planning Board or which may be required by federal, state, county or municipal law.
D.
Certification. In the event that the application for development for a minor site plan is approved, a certification to that effect in this form:
[Amended 12-2-2015 by Ord. No. 543-2015]
Approved as a minor site plan by the Weymouth Township Planning Board on . | ||
|---|---|---|
Attest: | Chairman | |
Secretary | Date | |
Township Engineer | Date | |
shall be endorsed on the site plan, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairman and Secretary of the municipal agency after they receive certification from the Administrative Officer (Planning Board Secretary) that all conditions of approval have been satisfied. After signature, the site plan shall be reproduced as provided for in § 155-64G of this chapter, and the signed original shall be returned to applicant. | ||
E.
Time limit and effect of approval of minor site plans; extensions.
[Amended 6-19-1996 by Ord. No. 344-96]
(1)
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer (Planning Board Secretary) or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor site plan approval.
(2)
Whenever review or approval of the application by the County Planning Board is required by § 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
(3)
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. The Planning Board shall grant an extension of this period for a period determined by the Planning Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before what would otherwise be the expiration date or the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.
§ 155-67 Variances.
A.
Required documents. Prior to issuance of a certificate of completeness, the Administrative Officer (Planning Board Secretary) shall determine that the following have been submitted in proper form. The Administrative Officer may schedule a variance for public hearing upon submission of items in Subsection A(1) through (3).
[Amended 12-2-2015 by Ord. No. 543-2015]
(2)
Ten copies of a plan drawn to scale showing the location and dimensions of the property and any structures including buildings, pools, fences and parking areas and indicating any proposed changes.
B.
Conditions of approval. Any approval of an application for development for variance granted by the municipal agency shall be subject to the following conditions being satisfied prior to the issuance of a development permit:
(1)
Payment of any outstanding real estate taxes.
(2)
Publication of a notice to the decision by the Administrative Officer (Planning Board Secretary) within the time set forth in § 155-9E of this chapter.
[Amended 12-2-2015 by Ord. No. 543-2015]
§ 155-68 Preliminary plat of major subdivision.
A.
Required documents. Prior to issuance of a certificate of completeness, the Administrative Officer (Planning Board Secretary) shall determine that the following has been submitted in final form. The Administrative Officer may schedule a preliminary plat of a major subdivision for public hearing upon submission of the items in Subsection A(1) through (8).
(1)
Township Engineer's report.
(2)
Copy of application for granting of a CAFRA permit, where required and if submitted.
(3)
Application for NJDEPE wetlands or tidelands permit, where required.
(4)
Other submittals which may be required by the Township Engineer, Planning Board, or federal, state or municipal law.
[Amended 12-2-2015 by Ord. No. 543-2015]
(5)
The application for development for a preliminary plat of a major subdivision shall include a request for the granting of any variances required.
(7)
Ten copies of a plat and attachments meeting the requirements set forth below.
(8)
Ten copies of a completed application form.
B.
Plat requirements.
(1)
General requirements. All plats containing proposals or designates for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of said professional engineer. The preliminary plat shall be based on a land survey conducted not more than five years prior to the date of application and certified to the subdivider and shall be drawn at a scale of not less than 100 feet to the inch for subdivisions up to 100 acres in size, and not less than 200 feet to the inch for subdivisions over 100 acres in size, and shall show or be accompanied by the information specified below.
(2)
Title block. The title block shall appear on all sheets and include:
(a)
"Preliminary Plat — Major Subdivision."
(b)
Name of subdivision, if any.
(c)
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and subdivider, so designated.
(f)
Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. (The plat shall bear the embossed seal of said engineer and land surveyor).
(3)
A key map at a scale of not less than one inch equals 1,000 feet showing the location of the tract to be subdivided, with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision.
(4)
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone district, the minimum required lot areas, setbacks, yards and dimensions.
(5)
Zone district boundaries, Township borders and the names of all owners, lot and block numbers and property lines of parcels within 200 feet of the land to be subdivided including properties across the street, as shown by the most recent records of the Township or of the municipality of which the property is a part.
(6)
The preliminary plat shall be based on a current certified boundary survey as required above with sufficient lines of the adjoining tracts surveyed to establish any overlap or gap between the adjoining boundary lines and the boundary lines of the tract in question and prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys. The date of the survey and the name of the person making the same shall be shown on the map.
(7)
Contours:
(a)
Existing one-foot interval contours based on United State Coast and Geodetic Survey datum (MSL=O) shall be shown extending a minimum of 100 feet behind the boundary of the tract in question and shall be certified by a New Jersey licensed land surveyor or professional engineer as to accuracy, except that where the slopes exceed 5%, a two-foot interval may be used, and if the slopes exceed 10%, a five-foot interval is permissible. The source of elevation datum base shall be noted. If contours have been established by aerial photography, a check profile shall be made on the boundary line of the tract and certified by a New Jersey licensed land surveyor.
(b)
Ninety percent of elevations interpolated from contour lines will be within 1/2 the contour interval when referred to the nearest benchmark. All spot elevations shall be to the nearest one-tenth (0.5) foot and accurate to within 0.3 foot.
(c)
Ninety percent of all planimetric features shown on the map will be within 1/40 inch of their true position, and no planimetric features will be out of true position more than 1/20 inch as map scale when referenced to the nearest field-established station. A statement of compliance and/or a complete statement concerning any areas of noncompliance with this requirement shall be placed on the tentative plat.
(8)
All existing streets, public easements, watercourses, floodways and flood hazard areas within the proposed subdivision and within 200 feet of the boundaries thereof, including both the width of the paving and the width of the right-of-way of each street within 200 feet of the subdivision.
(9)
All existing structures, an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain.
(10)
The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs and ponds within the proposed subdivision and within 200 feet thereof.
(11)
The layout of the proposed subdivision drawn in compliance with the provisions of this chapter.
(12)
All proposed public easements or rights-of-way and the purposes thereof, and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.
(13)
The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
(14)
The acreage of the drainage area or areas of each natural or man-made watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.
(15)
All proposed lot lines and areas of all lots in square feet. The areas and dimensions specified should be accurate to within –0% and +4% (for example, a lot line specified as 250 feet long should not be less than 250 feet but may be as long as 260 feet).
(16)
North arrow and basis therefor and written and graphic scales.
(17)
Preliminary utility layouts showing methods of connection and sources of service. Prior to public hearing for preliminary subdivision plat, the developer shall provide written certification that he or she has contacted the involved servicing utility companies and has received their detailed specific installation standards. It will be the developer's responsibility to then integrate the various design standards and achieve optimum coordinated design.
(18)
The proposed location and area, in acres or square feet, of all proposed common open space areas.
(19)
The types and locations of all stakes, marks or flagged points, if any, placed on the property to aid in on-site inspections. The Planning Board may require the marks or stakes, as a minimum, be placed at the intersection of all lines of the tract boundary with existing streets, at the center of all culs-de-sac, at all internal street intersections, along street tangents, at intervals not exceeding 500 feet and at such additional locations as the Planning Board may deem necessary. The locations indicted on the plat shall be accurate within plus or minus 10 feet. Any traverse lines cut out and/or marked on the site shall be shown on the plan. If such on-site points, as above discussed, have not been established at the time of submission of a tentative plat, the Planning Board may give the subdivider 15 days' notice of the date of any proposed site inspection by the Board, so the points can be set.
(20)
The tentative plat shall show on the property to be subdivided and within 300 feet of that property all existing paper streets, dirt roads, paved streets, curbs, manholes, sewer lines, water and gas pipes, utility poles, ponds, swamps and all other topographical features of a physical or engineering nature.
(21)
Preliminary on-site grading and drainage plan:
(a)
The preliminary plat shall show or be accompanied by a preliminary grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention-recharge basins, the scheme of surface drainage and other items pertinent to drainage, including the approximate proposed grading contours at one-foot intervals, except if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL=O), and the source of datum shall be noted.
(b)
The plan shall outline the approximate area contributing to each inlet.
(c)
All proposed drainage shall be shown with preliminary pipe type and sizes, invert elevations, grades, and direction of flow, the direction of flow of all surface waters and all watercourses shall be shown.
(d)
The preliminary grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth in this chapter.
(22)
Preliminary off-site drainage plan. The preliminary plat shall also be accompanied by a preliminary off-site drainage plan prepared in accordance with the following standards:
(a)
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
(b)
Pertinent off-site existing drainage, which receives or discharge runoff from or onto the site, shall be shown with elevations of inverts, pipe types, and sizes or other appropriate physical data for open or nonpipe conduits.
(c)
To the extent that information is available and may be obtained from the County or Township Engineer(s), any existing plans for drainage improvements shall be shown.
(d)
In the event a temporary drainage system is proposed, tentative plans of that system shall be shown.
(23)
Boring logs. Unless the Township Engineer shall determine that less boring logs are required or that some or all of the boring lots may be deferred to the final plat stage, the preliminary plat shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:
(a)
Borings shall be spaced evenly throughout the tract.
(b)
One boring not less than 15 feet below the proposed grade or 20 feet minimum depth shall be made for every five acres, or portion thereof, of land within a tract where the water table is found to be 10 feet below the proposed or existing grade.
(c)
One additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than 10 feet below the proposed or existing grade.
(d)
In addition to the above, in those areas where the water table is found to be five feet or less below the existing or proposed grade, two additional borings per acre, or portion thereof, will be required. If construction of homes with basements is contemplated, at least one boring will be located on each lot within the building setback lines.
(e)
Boring logs shall show types and characteristics encountered, groundwater depth, the methods and equipment used, the name of the firm making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest 1/10 foot.
(f)
Based on the borings, the preliminary plat shall clearly indicate all areas having a water table within two feet of the existing surface of the land, or within two feet of proposed grade, or all areas within which two feet or more of fill is contemplated or has previously been placed.
(24)
The location, dimensions, area and disposition of any park and recreation areas shall be shown and noted on the preliminary plat and shall be subject to the approval of the Planning Board.
(25)
Sectionalization and staging plans. The preliminary sectionalization and staging plan showing the following:
(a)
If the subdivision is proposed to be filed for final approval in sections, the plan shall show each such section and the anticipated date of filing for each section. The staging of the various sections in the subdivision shall be such that if development of the subdivision were to be discontinued after the completion of any section, the developed portion of the subdivision would be provided with adequate street drainage and utility systems. The size and staging of the section in a subdivision shall be established to promote orderly development and shall be subject to the approval of the Board.
(b)
The sectionalization and staging plan shall identify for each lot or groups of lots in the subdivision those improvements that will be completed prior to application for certificates of occupancy. The plan should demonstrate that the staging of construction will minimize adverse affects upon occupied buildings in the subdivision and adjoining properties.
(26)
If the Township Engineer, Planning Board or Environmental Commission determines that existing trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper and type be shown on the plat for the following:
[Amended 12-2-2015 by Ord. No. 543-2015]
(a)
Living deciduous trees having a trunk of four inches diameter or more measured at four feet above grade.
(b)
All living coniferous trees having a trunk of four inches or more diameter measured at four feet above grade.
(c)
All living dogwood (Cornus florida) or American Holly (Ilex opaca) trees having a trunk of one inch or greater diameter at four feet above grade.
(d)
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
(27)
The location of proposed depressed pedestrian ramps and other facilities for the handicapped.
(28)
Such other information as the Board and/or Township Engineer may require or request during the review of the preliminary plat.
C.
Conditions of approval.
(1)
Any approval of an application for development for a preliminary plat of a major subdivision by the Planning Board shall be subject to the following conditions being satisfied prior to the signing of the plat:
[Amended 12-2-2015 by Ord. No. 543-2015]
(a)
Submission of additional prints of the plat and attachments for distribution (if required).
(b)
Preliminary Atlantic County Planning Board approval (if not previously granted).
(c)
Preliminary Township of Weymouth Municipal Utilities Authority approval (if not previously granted).
(d)
Publication of the decision of the Board by the Administrative Officer (Planning Board Secretary) within the time set forth in § 155-9E of this chapter.
(e)
Any other conditions which may be imposed by the Board or may be required by federal, state, county or municipal law.
(2)
The Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions on the final plat submission.
D.
Certification. In the event that the application for development for a preliminary plat of a major subdivision is approved, a certificate to that effect in this form:
[Amended 12-2-2015 by Ord. No. 543-2015]
Approved as a preliminary plat of a major subdivision by the Weymouth Township Planning Board on . | ||
|---|---|---|
Attest: | , Chairman | |
Secretary | Date | |
Township Engineer | Date | |
shall be endorsed on the preliminary plan and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board after they receive certification from the Administrative Officer (Planning Board Secretary) that all conditions of approval have been satisfied. After signature, the preliminary plat shall be reproduced as provided for in § 155-64 of this chapter and the signed original shall be returned to the applicant. | ||
E.
Time limits for preliminary approval.
(1)
Upon submission of a complete application to the Administrative Officer (Planning Board Secretary) for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a compete application to the Administrative Officer (Planning Board Secretary) for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the major subdivision.
F.
Effects of preliminary approval of major subdivision.
[Amended 6-19-1996 by Ord. No. 344-96]
(1)
Preliminary approval of a major subdivision shall, except as provided in herein, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
(a)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and 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 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 subdivision plat; and
(c)
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
(2)
In the case of a subdivision of an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection F(1)(a), (b) and (c) of this section for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development; provided that, if the design standards have been revised, such revised standards may govern.
(3)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection F(1)(c) or (2) and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Planning Board shall grant an extension of preliminary approval for a period determined by the Planning Board but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Planning 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 required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection F(1)(c) and (2).
G.
Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless if shall be determined by the Planning Board and the Township Engineer that such clearing, grading and/or installation of improvements would not hinder future development of physical or aesthetic problems in the event that further development of the subdivision is not undertaken and the required inspection fees have been paid and adequate performance guaranties have been posted to provide for the cost of the Township of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvement is not completed and/or further development of the subdivision is not undertaken. Such performance guaranties shall include but are not limited to the cost of the Township of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract acres from flooding, screening or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way of easements.
[Amended 12-2-2015 by Ord. No. 543-2015]
§ 155-69 Preliminary plat of major site plan.
A.
Required documents. Prior to issuance of a certificate of completeness, the Administrative Officer shall determine that the following has been submitted in proper form. The Administrative Officer may schedule a preliminary plat of a major site plan for public hearing upon submission of the items in Subsection A(1) through (8):
(1)
Township Engineer's report.
(2)
Copy of application for a CAFRA permit, where required and if submitted.
(3)
Application of NJDEPE wetlands permit, where required.
(4)
Other submittals that may be required by the Township Engineer, Planning Board, or federal, state, county or local law.
[Amended 12-2-2015 by Ord. No. 543-2015]
(5)
The application for development for a preliminary plat of a major site plan shall include a request for the granting of any variances required.
(7)
Ten copies of a plat and attachments meeting the requirements set forth below.
(8)
Ten copies of a completed application form.
B.
Plat requirements.
(1)
General requirements:
(a)
Any preliminary plat of a major site plan presented to the Planning Board for its approval shall be signed and appropriately sealed by an architect, professional engineer, land surveyor and/or professional planner licensed to practice in the State of New Jersey; provided, however, that sanitary sewer, water distribution and storm drainage plans and water and sewage treatment plans may only be signed and sealed by a professional engineer.
[Amended 12-2-2015 by Ord. No. 543-2015]
(b)
Site plans shall not be drawn at a scale smaller than one inch equals 50 feet nor larger than one inch equals 10 feet. If the size of the site would require the use of sheets larger than 30 inches by 42 inches in order to show the entire site on one sheet, the detailed information for the site plan shall be shown in sections on sheets not larger than 30 inches by 42 inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one inch equals 200 feet.
(c)
The site plan shall be based on a monumented, current certified boundary survey. The date of the survey and the name of the person making same shall be shown on the map. If 12 months or more has passed since the date of (or date of last recertification of) the survey, it shall be recertified and, if necessary, brought up-to-date.
(2)
Title block: The title block shall appear on all sheets and include:
(a)
Title to read "Preliminary Plat - Major Site Plan."
(b)
Name of the development, if any.
(c)
Tax Map sheet, block and lot number of the site, as shown on the latest Township Tax Map, the date of which should also be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and developer, so designated.
(f)
Names, signatures, addresses and license numbers of engineer, architect, land surveyor or planner who prepared the plan and their embossed seal(s).
(g)
If the site plan contains more than one sheet, each shall be numbered and titled.
(3)
A schedule shall be placed on the site plan indicating:
(a)
The acreage of the tract and site (the portion of the tract involved in the site plan).
(b)
The floor area of the existing and proposed buildings (listed separately).
(c)
The proposed use or uses and the floor area devoted to each use.
(d)
The zone district in which the site is located.
(e)
Proposed and required lot dimensions and front, rear and side setbacks.
(f)
Proposed and required off-street parking spaces.
(g)
Square footage and percentage of the site retained in unoccupied open space and occupied by buildings.
(4)
North arrow and written and graphic scales.
(5)
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Board in the determination of floodway and flood hazard area limits.
(6)
Paving and right-of-way widths of existing streets within 200 feet of the site.
(7)
The boundary, nature, and extent of wooded areas, swamps, bogs and ponds within the site and within 200 feet thereof.
(8)
Existing and proposed manholes, sewer lines, fire hydrants, waterlines, utility poles and all other topographical features of a physical or engineering nature within the site and within 200 feet thereof.
(9)
All existing structures on the site and within 200 feet thereof, including their use, indicating those to be destroyed or removed and those to remain.
(10)
Location, use, finished grade level, ground coverage, first floor and basement elevations, front, rear and side setbacks of all existing buildings and other pertinent improvements.
(11)
Existing and proposed public easement or rights-of-way and the purposes thereof.
(12)
A grading plan showing existing and proposed grading contours at one-foot intervals throughout the tract, except if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL-O) and source of datum shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading.
(13)
On-site drainage plan:
(a)
The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage including existing and proposed contours as previously required.
(b)
The plan shall outline each area contributing to each inlet.
(c)
All proposed drainage shall be shown with pipe type and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.
(d)
The drainage shall be accompanied by complete drainage calculations made in accordance with the standards set forth in this chapter.
(14)
Off-site drainage plan: The plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:
(a)
The plan shall consist of an outline of the entire drainage basin in which the site is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
(b)
The pertinent off-site existing drainage shall be shown with elevations of inverts and grates to the nearest 1/10 foot.
(c)
To the extent that information is available and may be obtained from the County or Municipal Engineer, any existing plans for drainage improvements shall be shown.
(d)
In the event that a temporary drainage system is proposed, full plans of that system shall be shown.
(e)
The off-site drainage plans shall be accompanied by profiles of all proposed drainage, showing existing details, pipe sizes, type, inverts, crowns, slopes; all proposed structures and connections and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross-sections at intervals not exceeding 100 feet shall be shown for all open channels.
(15)
If required by the Township Engineer, center lines profiles of streets bordering the site, internal roadways, and major circulation aisles showing:
(16)
Boring logs: Unless the Township Engineer shall determine that less boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the site plan shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:
(a)
Borings shall be spaced evenly throughout the site.
(b)
One boring not less than 15 feet below grade or 20 feet minimum depth shall be made for every five acres (or portion thereof) of land where the water table is found to be 10 feet or more below proposed or existing grade at all boring locations.
(c)
One additional boring shall be made per acre (or portion thereof) in those areas where the water table is found to be less than 10 feet below proposed or existing grade.
(d)
In addition to the above, in those areas where the water table is found to be five feet or less below existing or proposed grade, two additional borings per acre (or portion thereof) will be required if construction of basements in contemplated. Borings shall be located where such basements are proposed.
(e)
Boring logs shall show soil types and characteristics and equipment used, formal request and a detailed plan meeting the requirements of the New Jersey Department of Transportation. The Township Engineer will advise the developer regarding the details of such a plan.
(17)
The location and size of proposed loading docks.
(18)
Location of curbs and sidewalks.
(19)
Cross-sections showing the composition of pavement areas, curbs and sidewalks.
(20)
Exterior lighting plan, including the location, direction of illumination, amount of illumination expressed in horizontal footcandles, wattage and drawn details of all outdoor lighting standards and fixtures.
(21)
Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub, the location, type and amount of each type or ground over to be utilized, and plant list and planting details for trees, shrubs and/or ground cover. In the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 155-57.
[Amended 8-20-1997 by Ord. No. 349-97]
(22)
Location of signs and drawn details showing the size, nature of construction, height and content of all signs.
(23)
Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.
(24)
Floor plans and building elevation drawings of any proposed structure or structures, or existing structures to be renovated.
(25)
Location of handicapped facilities including parking spaces and ramps (where applicable).
(26)
If the Township Engineer, Planning Board or Environmental Commission determines that existing trees located on the site may have an effect on the proper layout of the site, it maybe required that the location, caliper and type be shown on the plat for the following:
(a)
Living deciduous trees having a trunk diameter of four inches or more at breast height.
(b)
All living coniferous trees having a trunk of four inches or more at breast height.
(c)
All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater at breast height.
(d)
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
(27)
Sectionalization and staging plan: Developers of large uses such as shopping center, multifamily dwellings, industrial parks or other such use proposed to be developed in stages shall submit a sectionalization and staging plan showing the following:
(a)
The anticipated date for commencing construction of each section or stage. The staging of development on the site shall be such that if development of the site were discontinued after the completion of any stage, the developed portion of the site would comply in all respects to the requirements of this chapter and be provided with adequate drainage and utility systems.
(b)
Those improvements that will be completed in each stage prior to application for certificate of occupancy. The plan should demonstrate that the staging of construction will minimize adverse affects upon occupied buildings in the site and adjoining properties.
(28)
Written description of the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. The written description shall also include the hours of operation of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site, and provisions to be made for site maintenance.
(29)
Such other information as the municipal agency and/or Township Engineer may request during site plan review.
C.
Conditions of approval.
(1)
Any approval of an application for development for a preliminary plat of a major site plan by the Planning Board shall be subject to the following conditions being satisfied prior to the signing of the plat:
[Amended 12-2-2015 by Ord. No. 543-2015]
(a)
Submission of additional prints of the plat and attachments for distribution (if required).
(b)
Preliminary Atlantic County Planning Board approval (if not previously granted).
(c)
Tentative Weymouth Township Municipal Utilities Authority approval (if not previously granted).
(d)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board Secretary) in accordance with § 155-9E of this chapter.
(e)
Any other conditions which may be imposed by the Board or may be required by federal, state, county or municipal law.
(2)
The Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions on the final plat submission.
D.
Certification. In the event that the application for development for a preliminary plat of a major subdivision is approved, a certification to that effect in this form:
[Amended 12-2-2015 by Ord. No. 543-2015]
Approved as a minor site plan by the Weymouth Township Planning Board on . | ||
|---|---|---|
Attest: | Chairman | |
Secretary | Date | |
Township Engineer | Date | |
shall be endorsed on the preliminary plat and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the municipal agency after they receive certification from the Administrative Officer (Planning Board Secretary) that all conditions of approval have been satisfied. After signature, the preliminary plat shall be reproduced as provided for in § 155-64G of this chapter, and the signed original shall be returned to the applicant. | ||
E.
Time limits for approval. Upon the submission to the Administrative Officer (Planning Board Secretary) of a complete application for a site plan which involves 10 acres of land or less, and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a site plan which involves more than 10 acres, or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
[Amended 12-2-2015 by Ord. No. 543-2015]
F.
Effects of preliminary approval of major site plan.
[Amended 6-19-1996 by Ord. No. 344-96]
(1)
Preliminary approval of a site plan shall, except as provided herein, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
(a)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and 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 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 site plan; and
(c)
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
(2)
In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection F(1)(a), (b) and (c) for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor are permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development; provided that, if the design standards have been revised, such revised standards may govern.
(3)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection F(1)(c) or (2) and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Planning Board shall grant an extension of preliminary approval for a period determined by the Planning Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Planning 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 required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection F(1)(c) or (2).
G.
Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board and the Township Engineer that said clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the site plan is not undertaken and that required inspection fees have been paid, and adequate performance guaranties have been posted to provide for the cost to the Township of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvements is not completed and/or further development of the site is not undertaken. Such performance guaranties shall include but are not limited to the cost of the Township of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract areas from flooding, screening or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way or easements.
[Amended 12-2-2015 by Ord. No. 543-2015]
§ 155-70 Final plat of major subdivision.
A.
Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major subdivision for public hearing, the Administrative Officer (Planning Board Secretary) shall determine that the following have been submitted in proper form:
[Amended 12-2-2015 by Ord. No. 543-2015]
(1)
Township Engineer's report.
(2)
Application for land disturbance permit from Cape Atlantic Soil Conservation District.
(3)
Application of NJDEPE wetlands permit, where required.
(4)
Application of NJDEPE stream encroachment permit, where required.
(5)
Where applicable, a copy of the permit issued, or if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection and Energy, under the Coastal Area Facility Review Act. Copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the regulations adopted thereto, or, the alternate, a statement issued by the Department of Environmental Protection and Energy or Pinelands Commission that the proposed development is exempt.
(6)
A certificate of title, which may be on the plat (signed by the owner and notarized) or in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.
(7)
Other submittals that may be required by the Township Engineer, Planning Board, or federal, state, county or municipal law.
(8)
Unless waived by the Board, a formal request, in appropriate statutory form, requesting that the applicable provisions of N.J.S.A. 39:1-1 et seq. be made applicable to the site in order to permit police regulation of traffic control devices prior to acceptance of streets.
(10)
Ten copies of the plat and attachments meeting the requirements set forth below.
B.
Plat requirements.
(1)
General requirements. A final plat may, for all or any portion of an approved preliminary plat, be submitted to the municipal agency within three years of the date of approval of the preliminary plat. In general, all requirements set forth in this chapter for tentative plats shall apply to final plats with the addition of the specific requirements set forth herein.
(b)
All dimensions, both linear and angular, of the exterior boundaries of this subdivision and all lots and all lands reserved or dedicated for public use shall balance and their description shall close within a limit of error of not more than one part in 10,000.
(c)
Unless specifically waived by the Township Engineer, the bearing system used on the exterior boundaries of the final plat shall conform to the New Jersey State Plane Coordinate System or the plat shall show bearings based on said system in addition to any other bearings shown. When multiple bearing systems are shown, the bearings conforming to the New Jersey State Plane Coordinate System shall be enclosed in brackets.
(d)
Unless specifically waived by the Township Engineer, coordinates, based on the New Jersey State Plane Coordinate System (x and y) shall be shown, individually or in tabular form, for the monumented (existing or proposed) corners of the exterior boundary of the tract.
(e)
The source of New Jersey State Plane Coordinate System information shown as required above shall be noted on the final plat.
(2)
Purpose of final plat. A final plat and supporting drawings and documents for a proposed subdivision constitute the complete and fully detailed and documented development of the subdivision proposal and becomes the basis for the construction of the subdivision and inspection by the Township Engineer, other officials and Planning Board. The portion of the plat intended for filing must be recorded at the County Clerk's office to have legal status.
[Amended 12-2-2015 by Ord. No. 543-2015]
(3)
Title block. The title block shall appear on all sheets and include:
(a)
Title to read: "Final Plat - Major Subdivision."
(b)
Development name, if any.
(c)
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and subdivider, so designated.
(f)
The names, signatures, addresses and license numbers of the engineer and land surveyor who prepared the map. (The plat shall bear the embossed seal of said engineer and land surveyor).
(4)
The final plat shall be based on a monumented, current, certified boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys. The date of the survey and the name of the person making the same shall be shown on the map. If 12 months or more have passed since the date or dates of last recertification of the survey, it shall be certified and, if necessary, brought up-to-date. Any necessary revisions from the survey used as a base for the tentative plat shall be specifically noted.
(5)
A schedule shall be places on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards and dimensions.
(6)
All design information and submissions required by the provisions of the improvements and design standards portions of this chapter shall accompany the final plat.
(7)
A grading plan showing existing and proposed grading contours at one foot intervals throughout the tract, except if slopes exceed 5% a two-foot interval may be used, and it they exceed 10%, a five-foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL=O) and source of datum shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading, including corner elevations of buildings and first floor and basement elevations.
(8)
The limits of all areas of proposed cuts and fills (exclusive of excavations for basements) shall be clearly designated.
(9)
On-site drainage plan:
(a)
The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage including existing and proposed contours as previously required.
(b)
The plan shall outline each area contributing to each inlet.
(c)
All proposed drainage shall be shown with pipe type and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.
(d)
The drainage plan shall be accompanied by complete drainage calculations made in accordance with standards set forth herein.
(10)
Off-site drainage plan: The final plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:
(a)
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
(b)
The pertinent off-site existing drainage shall be shown with elevations of inverts and grade to the nearest one-tenth of a foot.
(c)
To the extent that information is available and may be obtained from the Township, county or adjacent municipality engineers, any existing plans for drainage improvements shall be shown.
(d)
In the event a temporary drainage system is proposed, full plans of that system shall be shown.
(e)
The off-site drainage plans shall be accompanied by profiles of all proposed drainage, showing existing and proposed finished grades, channel section details, pipe sizes, type, inverts, crowns and slopes; all proposed structures and connections and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross-sections at intervals not exceeding 100 feet shall be shown for all open channels.
(12)
Where required by the Township Engineer, cross-sections of proposed streets to at least 10 feet outside of any grading limit at intervals of at least every 100 feet of all proposed streets.
(13)
Where required by the Planning Board or Environmental Commission, the location, caliper and type of all:
[Amended 12-2-2015 by Ord. No. 543-2015]
(a)
Living deciduous trees having a trunk of four inches or greater in diameter at a height of four feet.
(b)
All living coniferous trees having a trunk of four inches or greater in diameter at a height of four feet.
(c)
All living dogwood (Cornus florida) or American Holly (Ilex opaca) trees having a trunk of one inch or greater in diameter at a height of four feet.
(d)
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
(14)
The number, location and species of all proposed trees, shrubs and/or ground cover plant materials and planting details of the same.
(15)
Utility layouts, specifications and cross-sections (sewers, water, gas, electric, telephone, etc.), showing feasible connections to any existing or proposed utility systems; provided, however, that detailed layouts of gas, electric and telephone lines are not required. An indication of these on a typical road cross-section shall be sufficient. Layouts shall include proposed locations of street lights and fire hydrants. If private utilities are proposed, they shall comply with all local, county and state regulations.
(16)
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated or the limits of alluvial soils where boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Board in the determination of floodway and flood hazard area limits.
(17)
Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way land to be reserved or dedicated to public use, all lot lines and site easement lines, with accurate dimensions and bearings and radii, tangents, chords arcs and central angles of all curves and all front, rear and side (or yard) setback lines.
(19)
Certificate of professional land surveyor as to accuracy of the details of the plat.
(20)
Lot and block numbers shown on the final plat shall conform to the Township Tax Map (or proposed revisions thereof) and shall be obtained by the applicant's engineer and/or surveyor from the Township Engineer. Proposed house numbers shall also be obtained from the Township Engineer and shall be shown encircled on the final plat, or on one of the attachments thereto. The Township Engineer shall not affix his or her signature to the final plat unless the applicant has fully complied in this regard.
(21)
Subdivision names and street names shown on the final plat shall not be the same or similar to any name of any existing subdivision or street in the Township and shall be approved by the Township Engineer.
(22)
The location of areas dedicated for park and recreation facilities or common open space as approved by the Board.
(23)
Unless waived by the Board, a detailed plan setting forth the type and location of all traffic control and regulatory devices. This plan shall have been approved by or, in the opinion of the Township Engineer, be likely to be approved by the New Jersey Department of Transportation. This plan shall be prepared by consultation with the Township Engineer and the Director of Public Safety and shall provide for all appropriate traffic control measures necessary for the health, safety, convenience and well-being of those occupying or likely to occupy the subdivision between final approval and final acceptance. This plan shall be accompanied by the formal request referred to in Subsection A.
(24)
Such other information as the Board and/or Township Engineer may request during review.
(25)
Sectionalization of final plats shall be in conformance with the sectionalization and staging plan, if any, approved with the preliminary plat.
C.
Conditions of approval. Any approval of an application for development of a final plat of a major subdivision shall be subject to the following conditions being satisfied within a period of time specified by the Planning Board, prior to the signing of the plat of issuance of a development permit.
[Amended 12-2-2015 by Ord. No. 543-2015]
(1)
Payment of any outstanding real estate taxes.
(2)
Submission of additional prints of the plat map and attachments for distribution, if required.
(3)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board Secretary) within the time set forth in § 155-9E.
(4)
Final Atlantic County Planning Board approval (if not previously obtained).
(5)
Final Weymouth Township Municipal Utilities Authority approval (if not previously obtained).
(6)
Final Weymouth Township Municipal Utilities Authority approval.
(7)
Final Atlantic Electric Company, NJ Natural Gas Company, New Jersey Bell Telephone and Cable Television Company service agreement.
(8)
Certification of soil erosion and sediment control plans (if not previously obtained).
(9)
Fire Department approval (if not previously obtained).
(10)
Granting NJDEPE wetlands permit (if required).
(11)
Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey Department of Environmental Protection and Energy, where required.
(12)
Granting of NJDEPE Coastal Area Facilities Review Act (CAFRA).
(13)
Approval of any required riparian and/or tidelands grants or licenses.
(14)
Granting of any required construction permits.
(15)
Posting of required performance guaranties.
(16)
Payment of required inspection fees.
(17)
Evidence of a comprehensive general liability insurance policy in an amount not less the $300,000 per occurrence indemnifying and saving harmless the Township and its agencies, employees and agents from any liability for any acts of the subdivider or his or her agents, contractors or employees in the implementation of the approved subdivision. The insurance policy shall provide for 10 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner subdivider or builder to carry on the construction of subdivision without having current valid evidence of insurance on file.
(18)
Any other conditions which may be imposed by the Board or may be required by federal, state, county or municipal law.
D.
Certification. In the event that the application for development for a final plat of a major subdivision is approved, a certification to that effect in this form:
[Amended 12-2-2015 by Ord. No. 543-2015]
Approved as a final plat of a major subdivision by Weymouth Township Planning Board on . | ||
|---|---|---|
Attest: | ||
Chairman | ||
Secretary | Date | |
Engineer | Date | |
This plat must be filed in the office of the Clerk of Atlantic County on or before __________________, which date is 95 days after the date upon which this plat was signed. | ||
Secretary | ||
shall be endorsed on the plat and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board and the Township Engineer (as to the Map Filing Law certification) after they receive a certification from the Administrative Officer (Planning Board Secretary) that all conditions of approval have been satisfied. After signature, plat shall be reproduced as provided for in § 155-64G of this chapter, and the signed original shall be returned to the applicant for filing. | ||
E.
Filing of approved plat. If the applicant desires to proceed with a subdivision for which final approval has been granted, he or she shall file with the County Recording Officer a plat map drawn in compliance with the New Jersey Map Filing Law, N.J.S.A. 46:23,[3] as amended and supplemented, within 95 days from the date upon which plat was signed by the Planning Board Chairman and Secretary. The applicant shall, within one week after filing the subdivision with the County Recording Officer, notify, in writing, the Township Engineer and Township Tax Assessor of the date of filing of the subdivision with the County Recording Officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map indicating thereof the filing date shall be obtained from the County Recording Officer by the Township Clerk, who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire unless, prior to expiration, such time is extended by the Board for a period not to exceed 95 days for good cause shown.
[3]
Editor's Note: Said law was repealed by L.2011, c. 217, § 2, effective 5-1-2012.
F.
Final approval of major subdivision.
[Amended 6-19-1996 by Ord. No. 344-96]
(1)
Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application to the Administrative Officer (Planning Board Secretary) or within such further time as may be consented to by the applicant.
[Amended 12-2-2015 by Ord. No. 543-2015]
(2)
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.
G.
Effect of final approval of major subdivision.
[Amended 6-19-1996 by Ord. No. 344-96]
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49, 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, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in N.J.S.A. 40:55D-54, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of N.J.S.A. 40:55D-1 et seq., the granting of final approval terminates the time period of preliminary approval pursuant to N.J.S.A. 40:55-49 for the section granted final approval.
(2)
In the case of a subdivision for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection G(1) for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the 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 the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(3)
Whenever the Planning Board grants an extension of final approval pursuant to Subsection G(1) or (2) and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Planning Board shall grant an extension of final approval for a period determined by the Planning Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Planning 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 the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection G(1) or (2).
H.
Combined preliminary and final major subdivision approval.
(1)
An applicant may request and the Planning Board may consent to accept an application for development for combined preliminary and final major subdivision approval, provided that:
(a)
The proposed development is not to be constructed in sections or stages.
(b)
The applicant pays the application fees and provided all submissions required for both preliminary and final applications.
(c)
Any notice of hearing requirements applicable to the preliminary plat stage are complied with.
(d)
The applicant consents to the time limits for action by the Board to be the greater of the limits set for either preliminary or final approval.
(e)
The Board is satisfied that the scope of the project is not so large or so complex as to require the additional review time which separate applications would provide.
(2)
Any approval granted by the Planning Board or such combined application shall confer upon the applicant all the rights set forth in this section for final approval.
I.
Display of final plat. The subdivider or his or her agent shall keep a clear and legible copy of the approved final plat in plain view in a prominent location in his or her offices and/or salesrooms from which sales in the approved subdivisions are made so that prospective purchasers may have the opportunity to learn the special conditions, if any, under which approval was given.
§ 155-71 Final plat of major site plan.
A.
Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major site plan for public hearing, the Administrative Officer (Planning Board Secretary) shall determine that the following has been submitted in proper form:
[Amended 12-2-2015 by Ord. No. 543-2015]
(1)
Township Engineer's report.
(2)
Application for state wetlands approval, if required.
(3)
Application for a stream encroachment permit, where required.
(4)
Where applicable, a copy of the permit issued, or it the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection and Energy, under the Coastal Area Facility Review Act. Copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the regulations adopted thereto, or, in the alternate, a statement issued by the Department of Environmental Protection and Energy or Pinelands Commission that the proposed development is exempt is to be provided.
(5)
Other submittals that may be required by the Township Engineer, Planning Board, or federal, state or local law.
(7)
Ten copies of a plat and attachments meeting the requirements set forth below.
B.
Plat requirements. The final plat shall include all data required for the preliminary plat of the major site plan and shall be drawn to incorporate all changes required as a condition of preliminary approval and shall be drawn by persons and to specifications as required for a preliminary plat and shall be titled "Final Plat - Major Site Plan."
C.
Conditions of approval. Any approval of an application for development of a final plat of a major site plan shall be subject to the following conditions being satisfied, within a period of time specified by the Planning Board, prior to signing of the plat or issuance of a development permit:
[Amended 12-2-2015 by Ord. No. 543-2015]
(1)
Payment of any outstanding real estate taxes.
(2)
Submission of additional prints of the plat map and attachments for distribution, if required.
(3)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board Secretary) within the time set forth in § 155-9E of this chapter.
(4)
Final Atlantic County Planning Board approval (if not previously obtained).
(5)
Final Weymouth Township Municipal Utilities Authority approval (if not previously obtained).
(6)
Final Atlantic Electric Company, NJ Natural Gas Company, Bell Telephone Company and Cable Television Company service agreements (if applicable).
(7)
Certification of soil erosion and sediment control plans (if not previously obtained).
(8)
Fire Department approval (if not previously obtained).
(9)
Granting of state wetlands permit (if required).
(10)
Certification of approval of plans for drainage or watercourse diversion by the State of New Jersey, Department of Environmental Protection and Energy, where required.
(11)
Copy of a Coastal Area Facilities Review Act (CAFRA) permit, where applicable.
(13)
Approval of any required riparian grants or licenses.
(14)
Granting of any required construction permits.
(15)
Posting of required performance guaranties.
(16)
Payment of required inspection fees.
(17)
Evidence of a comprehensive general liability insurance policy in an amount not less than $1,000,000 per occurrence indemnifying and saving harmless the Township and its agencies, employees and agents from any liability for any acts of the developer or his or her agents, contractors or employees in implementing the approved site plan. The insurance policy shall provide for 10 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner, developer or builder to carry on the construction of the site without having a current valid evidence of insurance on file.
(18)
Any other conditions which may be imposed by the Board or may be required by federal, state or local law.
D.
Certification. In the event that the application for development for a final plat or a major site plan is approved, a certification to the effect in this form:
[Amended 12-2-2015 by Ord. No. 543-2015]
Approved as a final plat of a major site plan by the Township of Weymouth Planning Board on . | ||
|---|---|---|
Attest: | ||
Chairman | ||
Secretary | Date | |
Engineer | Date | |
shall be endorsed on the plat and the original reproducible thereof shall be provide to the Board by the applicant. Said original shall be signed the Chairman and Secretary of the Board after they receive a certification from the Administrative Officer (Planning Board Secretary) that all conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in § 155-64 of this chapter, and the original shall be returned to the applicant. | ||
E.
Filing of approved plat. If the applicant desires to proceed with a subdivision for which final approval has been granted, he or she shall file with the County Recording Officer a plat map drawn in compliance with the New Jersey Map Filing Law,[1] as amended and supplemented, within 95 days from the date upon which plat was signed by the Planning Board Chairman and Secretary. The applicant shall, within one week after filing the subdivision with the County Recording Officer, notify, in writing, the Township Engineer and Township Tax Assessor of the date of filing of the subdivision with the County Recording Officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map indicating thereof the filing date shall be obtained from the County Recording Officer by the Township Clerk, who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire unless, prior to expiration, such time is extended by the Board for a period not to exceed 95 days for good cause.
[1]
Editor's Note: Said law was repealed by L.2011, c. 217, § 2, effective 5-1-2012.
F.
Final approval. Application for final site plan approval shall be granted or denied with 45 days of submission of a complete application to the Administrative Officer (Planning Board Secretary) or within such further time as may be consented to by the applicant.
[Amended 12-2-2015 by Ord. No. 543-2015]
G.
Effect of final approval of site plan.
[Amended 6-19-1996 by Ord. No. 344-96]
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer at preliminary approval, pursuant to N.J.S.A. 40:55D-49, 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. If the developer has followed the standards prescribed for final approval, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of N.J.S.A. 40:55D-1 et seq., the granting of final approval terminates the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49 for the section granted final approval.
(2)
In the case of a site plan for a planned development or planned residential development or residential cluster of 50 acres or more, conventional subdivision or site plan for 150 acres or more of site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection G(1) for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor are permissible under final approval, economic conditions and the comprehensiveness of the development. The developer 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 the number of dwelling units and nonresidential flood area permissible under final approval, the number of dwelling units and nonresidential floor are remaining to be developed, economic conditions and the comprehensiveness of the development.
(3)
Whenever the Planning Board grants an extension of final approval pursuant to Subsection G(1) or (2) and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Planning Board shall grant an extension of final approval for a period determined by the Planning Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Planning 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 these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection G(1) or (2).
H.
Combined preliminary and final major site plan approval.
(1)
An applicant may request and the Planning Board may consent to accept an application for development for combined preliminary and final major site plan approval, provided that:
(a)
The proposed development is not to be constructed in sections or stages.
(b)
The applicant pays the application fees and provides all submissions required for both preliminary and final applications.
(c)
Any notice of hearing requirements applicable to the preliminary plat stage are complied with.
(d)
The applicant consents to the time limits for action by the Board to be the greater of the limits set for either preliminary or final approval.
(e)
The Board is satisfied that the scope of the project is not so large nor so complies as to require the additional review time which separate applications would provide.
(2)
Any approval granted by the Planning Board on such combined application shall confer upon the applicant all the rights set forth in this section for final approval.
§ 155-72 Exempt development.
[Amended 12-2-2015 by Ord. No. 543-2015]
A.
Required documents. In cases where a proposed exempt development requires Planning Board action on an application for development for either the granting of a variance pursuant to N.J.S.A. 40:55D-70 or direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36, the Administrative Officer (Planning Board Secretary) shall, prior to issuance of a certificate of completeness or scheduling of the application for development for public hearing before the Planning Board, determine that the following has been submitted in proper form:
(1)
Required application fees.
(2)
Ten copies of a plot plan and/or other documents which clearly describe the basis for the variance being requested or the basis for direction for issuance of a building permit being requested.
(3)
Ten copies of an area map showing the tax lot and block numbers of all properties located within 200 feet of the property for which the application is being made.
(4)
Any other documents which the Planning Board may request.
B.
Conditions of approval. Any approval of an application for development by the Planning Board or issuance of a development permit under this section shall be subject to the following:
§ 155-73 Pinelands area procedures.
A.
No person shall carry out any development within the Pinelands Area without obtaining approval from an approval agency and without obtaining development approval in accordance with the procedures set forth in this chapter. In addition to other development review procedures of the Township of Weymouth set forth in this chapter, all development located within the Pinelands Area shall comply with the procedures set forth in this chapter, except for the following:
(1)
The improvement, expansion or reconstruction within five years of destruction or demolition, of any single-family dwelling or appurtenance thereto.
(2)
The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling.
(3)
The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes.
(4)
The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign.
(5)
The repair of existing utility distribution lines.
[Amended 8-20-1997 by Ord. No. 349-97]
(6)
The clearing of less than 1,500 square feet of land.
(7)
The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure, provided that:
[Amended 3-1-1989 by Ord. No. 294-89; 6-20-2018 by Ord. No. 563-2018]
(a)
If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and
(b)
If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.
(8)
The demolition of any structure that is less than 50 years old.
(9)
The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits.
[Added 8-20-1997 by Ord. No. 349-97]
(10)
The repair or replacement of any existing on-site wastewater disposal system.
[Added 8-20-1997 by Ord. No. 349-97]
(11)
The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur.
[Added 8-20-1997 by Ord. No. 349-97; amended 6-20-2018 by Ord. No. 563-2018]
(12)
The clearing of land solely for agricultural or horticultural purposes.
[Added 8-20-1997 by Ord. No. 349-97; amended 6-20-2018 by Ord. No. 563-2018]
(13)
Fences, provided that no more than 1,500 square feet of land is to be cleared.
[Added 8-20-1997 by Ord. No. 349-97]
(14)
Aboveground telephone equipment cabinets.
[Added 8-20-1997 by Ord. No. 349-97]
(15)
Tree pruning.
[Added 8-20-1997 by Ord. No. 349-97]
(16)
The following forestry activities:
[Added 8-20-1997 by Ord. No. 349-97]
(a)
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;
(c)
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
(d)
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.
(17)
Prescribed burning and the clearing and maintaining of fire breaks.
[Added 8-20-1997 by Ord. No. 349-97]
(18)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 155-57B(3), 155-66B(10)(k) or 155-69B(21).
[Added 8-20-1997 by Ord. No. 349-97]
(19)
The installation of an accessory solar energy facility on any existing structure or impervious surface.
[Added 6-20-2018 by Ord. No. 563-2018]
(20)
The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.
[Added 6-20-2018 by Ord. No. 563-2018]
(21)
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.
[Added 6-20-2018 by Ord. No. 563-2018]
(22)
The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.
[Added 6-20-2018 by Ord. No. 563-2018]
B.
The exceptions contained in Subsection A above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
C.
Nothing herein shall preclude any Township or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.
D.
Application requirements for minor development. Any application for approval of minor development shall include at least the following information:
(1)
The applicant's name and address and his or her interest in the subject property.
(2)
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
(3)
The legal description, including block and lot designation and street address, if any, of the subject property.
(4)
A description of all existing uses of the subject property.
(5)
A brief written statement generally describing the proposed development.
(6)
A USGS quadrangle map or copy thereof and a copy of the municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands management area designation and the zoning designation are shown.
(7)
A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, and existing or proposed development, and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall include with respect to existing or proposed sanitary facilities:
(a)
On-site treatment facilities: Location, size, type and capacity of any proposed on-site wastewater treatment facilities; and
(b)
Soil boring and percolation tests: If on-site sewage disposal is proposed, results of soil boring and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 155-57D of this chapter.
(8)
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holding adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads.
(9)
A soils map including a county soils survey which conforms to the guidelines of the United States Department or Agriculture Soil Conservation Service, showing the location of all proposed development.
(10)
A map showing existing vegetation, identifying predominant vegetation types in the area, and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be distributed as a result of the proposed development.
(11)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations.
E.
Application requirements for other development.
(1)
All applications for major development, other than forestry and resource extraction operations, shall be accompanied by the information required in N.J.A.C. 4.2(b)5, as well as the following:
(a)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and
(2)
An application for approval of forestry operations shall be subject to the application requirements set forth in § 155-143B.
F.
Notices to the Pinelands Commission.
[Amended 6-20-2018 by Ord. No. 563-2018]
(1)
Application submission and modifications. Written notification shall be given by the Township, by e-mail or regular mail, to the Pinelands Commission within seven days after a determination is made by the Township that an application for development in the Pinelands Area is complete or if a determination is made by the Township approval agency that the application has been modified. Said notice shall contain:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel that the applicant proposes to develop.
(c)
A brief description of the proposed development, including uses and intensity of uses proposed.
(d)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.
(e)
The date on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approval agency.
(f)
The approval agency with which the application or change thereto was filed.
(g)
The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports.
(h)
The nature of the municipal approval or approvals being sought.
(2)
Hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by e-mail, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:
(a)
The name and address of the applicant.
(b)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.
(c)
The date, time and location of the meeting, hearing or other formal proceeding.
(d)
The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding.
(e)
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.
(f)
The purpose for which the meeting, hearing or other formal proceeding is to be held.
(3)
Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction, of any approval agency or an appeal of any agency decision. The applicant shall within five days of the approval or denial give notice by e-mail or regular mail to the Pinelands Commission. Such notice shall contain the following information:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel that the applicant proposes to develop.
(c)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.
(d)
The date on which the approval or denial was issued by the approval agency.
(e)
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.
(f)
Any revisions to the application not previously submitted to the Commission.
(g)
A copy of the resolution, permit, or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted.
G.
Review of Pinelands Commission.
(1)
Upon receipt by the Pinelands Commission of the notice of approval pursuant to Subsection F above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
(2)
Until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under Interim Rules and Regulations shall serve as the basis for Pinelands Commission review of Township approval under this section.
(3)
Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.
H.
Condition on prior approvals of the Township. Where a prior approval has been granted by the Township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
(1)
Notification is received from the Pinelands Commission that review of the Township's approval is not required; or
(2)
Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42 and a final order regarding the approval is received by the Township from the Pinelands Commission.
I.
Effect of Pinelands Commission's decision on Township approval. If the Pinelands Commission disapproves an application for development previously approved by a Township approval agency, such approval shall be revoked by the approval agency, and the agency shall thereafter deny approval of the application. If the Commission approves the decision of an approval agency subject to conditions, the approval agency which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission; and if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant. Except as provided in § 155-73L, the requirements of this section shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
[Amended 12-5-2001 by Ord. No. 389-2001]
J.
Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in the Township involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.
K.
Public development. All development proposed by the Township or any public agency will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all applicable standards set forth in this chapter and other chapters of this Code.fi[1]
[1]
Editor's Note: Former Subsection L, Procedures for applications for the development of a single-family dwelling, added 12-5-2001 by Ord. No. 389-2001, as amended, which immediately followed this subsection, was repealed 5-19-2021 by Ord. No. 579-2021.