A. General provisions. No application for preliminary major site plan review, major subdivision approval or overall development plan approval for a planned development shall be approved unless it is has been determined by the Township Planning Board or other appropriate Township agency, in accordance with the provisions of this section, that the applicant has utilized reasonable site planning design alternatives to mitigate adverse impacts to specific elements of the environment, including the prevention of soil erosion, preservation of trees and other important vegetation, protection of watercourses and floodplains, protection of water sources, protection of wetlands, protection of air quality, protection of endangered or other protected species of wildlife and preservation of historic features.
B. Applications requiring environmental impact statement.
(1) All applications for preliminary major site plan or major subdivision approval, as well as applications for overall development plan approval for a planned development shall include an environmental impact statement (EIS).
(2) An environmental impact statement shall not be required where:
(a) The application is for a minor subdivision.
(b) The application is for a preliminary site plan or residential subdivision approval of all or part of a planned development which has a previously approved overall development plan. For purposes of this exemption, a previously approved concept plan shall not be a basis for a waiver of the provisions of this section.
(c) The application is in connection with a previously approved preliminary site plan or residential subdivision plan.
(d) The application pertains to the revision of a previously approved site plan and the revision will not significantly alter the environmental aspects of the site design. In this instance, the Planning Board may make inquiries of the applicant or require the applicant to justify an exemption pursuant to this subsection.
(e) The Planning Board waives the requirement set forth in this subsection if sufficient evidence is submitted to support a conclusion that the proposed development or subdivision will have a slight or negligible environmental impact. Portions of the requirements of this subsection, if not waived entirely, may likewise be waived by the Planning Board, or other appropriate Township agency, upon finding that the complete report need not be prepared in order to evaluate the environmental impact of a particular project.
C. Environmental impact statements. Simultaneously with the fling of an application for preliminary major site plan review, major subdivision or overall development plan approval for planned development, the applicant shall submit to the Planning Board 10 copies of an environmental impact statement, which shall provide, at a minimum, the following information:
(1) Site description. To within 1/8 mile of the project.
(a) Location.
(b) Zoning.
(d) Acreage of project and character.
(e) Soil type.
(f) Geological characteristics.
(g) Presence and location of any historic or prehistoric features.
(h) Presence of wetlands, water bodies, steep slopes, flood hazard areas, aquifer recharge areas, prime farmlands or mature forests.
(i) Existing traffic conditions.
(j) Public utilities.
(k) Indigenous wildlife, fauna or other naturally existing and/or endangered species presently on site.
(l) Site of historical interest or significance.
(m) Any other features or aspects of the site to within 1/8 mile of the project which will be affected by the completion of the project contemplated in the application.
(2) Project description.
(a) Physical dimensions and scales.
(b) Number and type of housing units if residential.
(c) If industrial or commercial, a complete description, including production rates, employment, nature quantities and disposition of raw materials, finished products and waste.
(d) A statement regarding the disposition of any topsoil or other excavated material.
(3) Alternatives. A listing of all alternatives considered and the reasons for choosing a particular course of action.
(4) Assessment of impact. An assessment of the impacts, both direct and indirect, of the proposed project, both adverse and beneficial, with regard to the following:
(a) Air quality.
(b) Water quality.
(c) Noise.
(e) Damage or destruction of open space, wildlife habitats, wetlands, agricultural lands, wooded lands, aquifer recharge areas and vegetation.
(f) Natural resources.
(g) Soil erosion.
(h) Potential soil loss.
(i) Soil nutrient retention.
(k) Effects of existing water bodies.
(5) Unavoidable adverse impact. A discussion of all adverse impacts that cannot be avoided and the reasons therefor.
(6) Minimizing adverse impact during construction. A description of all steps taken to minimize adverse environmental impacts during construction at the project site and in any adjacent areas.
D. Waivers for elements of environmental impact statements.
(1) As part of the environmental impact statement, the applicant may submit a request to the Planning Board for a waiver of the requirements for environmental review with respect to one or more of the elements of the environment listed in Subsection C. The Planning Board may grant such a waiver if it is determined that the literal enforcement of the provisions of this section is impractical, will exact an undue hardship because of peculiar conditions pertaining to the land in question or if there is sufficient evidence submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact.
(2) Such a waiver may be granted by the Planning Board, or other appropriate Township agency, only after written application to so waive the provisions of the within requirement and a determination by the Planning Board, or other appropriate agency, and its professionals is made that such a waiver is appropriate under this section. The application for development, site plan approval, subdivision approval or other such application shall not be deemed complete until such waiver is granted by the Planning Board, or other appropriate Township agency, or, in the alternative, until such time as the environmental impact statement is provided to the Planning Board pursuant to its requirements.
E. Preparation of environmental impact statement. The Planning Board may determine that it is appropriate to prepare an environmental impact statement pursuant to its own motion in any given application for a major site plan or a major subdivision. In that event, the Planning Board shall retain its own professionals to prepare such statement, and the appropriate applicant shall be charged for all costs involved in the preparation of the environmental impact statement.
F. Review of application and environmental impact statement.
(1) The environmental impact statement shall be reviewed by the Planning Board, its professionals and any other Township agencies before whom such application shall or may be reviewed.
(2) No application for development shall be approved unless the Planning Board determines that the applicant has used reasonable and appropriate planning design alternatives to mitigate the adverse effects to the environment in relation to the items set forth above.
(3) If the Planning Board determines that the applicant has not provided for reasonable and appropriate site plan design alternatives to mitigate any adverse impacts that the development may have on the environment in relation to the items set forth above, the applicant shall have the option of submitting more detailed information, clarifying information or changing proposed site plan techniques for environmental protection.
(4) In accordance with the provisions of N.J.S.A. 40:56A-1 et seq., the environmental commission, if any, may submit an advisory report to the Planning Board concerning the proposed environmental impact statement. Such report may include any recommendations, suggestions or comments pertaining to the impact of the proposed development on the elements of the environment set forth in § 185-23C(4). The Planning Board may take into consideration any advisory report submitted by the environmental commission, in its determination of the appropriateness of the site planning alternatives proposed by the applicant to mitigate adverse impacts to the environment, but approval of the environmental impact statement rests solely with the Planning Board. In any event, if the Environmental Commission has failed to submit its comments within 35 days of the applicant's submission of the EIS, the Environmental Commission shall be deemed to have elected to waive its right to comment on the submission.
(5) In cases of conflict between state and locally mandated environmental standards, state standards shall apply.
A. Improvements to be constructed at sole expense of applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application, and where no other property owners receive a special benefit thereby, the Board may require the applicant, as a condition of approval, at the applicant's expense, to provide for and construct such improvement(s) as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.
B. Other improvements.
(1) In cases where the need for any off-tract improvement is necessitated by the proposed development application and where the Board determines that properties outside the development will also be benefited by the improvement, the Board shall forthwith forward to the Township Council a list and description of all such improvements, together with its request that the Township Council determine and advise the Board of the procedure to be followed in the construction or installation thereof. The Board shall withhold action upon the development application until receipt of the Township Council's determination or until the expiration of 90 days after the forwarding of such list and description to the Township Council without such determination having been made, whichever occurs sooner.
(2) The Township Council, within 90 days after receipt of such list and description, shall determine and advise the Board whether:
(a) The improvements are to be constructed or installed by the Township:
[1] As a general improvement, the cost of which is to be borne at general expense, except as hereinafter otherwise provided as to a contribution thereto by the applicant.
[2] As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with law, except as hereinafter otherwise provided as to a contribution thereto by the applicant.
(b) The improvement or improvements are to be constructed or installed by the applicant under a formula for partial reimbursement, as hereinafter set forth.
(3) If the Township Council shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[1], the Board shall estimate, with the aide of the Township Engineer, or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specially benefited thereby, and the applicant shall be liable to the Township for such excess.
(4) If the Township Council shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[2], the Board shall estimate, as provided in Subsection B(3), above, the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the development property, will be specifically benefited by the improvement, and the applicant shall be liable to the Township therefore, as well as for the amount of any special assessments against the development property conferred by the improvement or improvements. Further, the Township Council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefore in a manner consistent with the obligation of the applicant with respect thereto, and proceedings under such ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
(5) If the Township Council shall determine that the improvement or improvements are to be constructed or installed by the applicant under Subsection B(2)(b), above, the Board shall in like manner estimate the amount of such excess and the applicant shall be liable to the Township therefore, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the Township for the amount of any special assessments against the property, other than the development property, for benefits conferred by the improvement or improvements, such reimbursement to be made if, as and when the special assessments against such other property are received by the Township. Further, the Township Council shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement or improvements and proceedings under such ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant.
(6) If the Township Council shall not adopt such an ordinance or resolution within such time, the final development proposal shall be designed accordingly, and the Board shall thereupon grant or deny final approval.
C. Performance guarantees. The applicant shall be required to provide, as a condition for final approval of the development application, a performance guarantee running to the Township as follows:
(1) If the improvement is to be constructed by the applicant under Subsection B(2)(b), a performance bond with surety in an amount equal to the estimated cost of the improvement, or as to any part of such improvement that is to be acquired or installed by the Township under such § 185-24A, a cash deposit equal to the estimated cost of such acquisition or installation by the Township.
(2) If the improvement is to be constructed by the Township as a local improvement under Subsection B(2)(a)[2], a cash deposit equal to the amount referred to in Subsection C(1), above, plus the estimated amount by which the development property will be specially benefited by the improvement.
D. Deposit of funds. All monies paid by an applicant pursuant to this section shall be paid over to the Township Treasurer, who shall provide a suitable depository therefore. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose.
E. Redetermination of assessment upon completion of improvement. Upon completion of off-tract improvements required pursuant to this section, the applicant's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated, cost of the improvements. To the extent that such recalculation shall increase the amount of any deposit made by the applicant hereunder, the applicant shall forthwith pay the amount of such increase to the Township. To the extent that it shall decrease the amount thereof, the Township shall forthwith refund the amount of such decrease to the applicant. In case where improvements are specifically assessed against all benefited properties, recalculation shall be made by the Township assessing authority in the course of the assessment proceedings. In other cases, it shall be made by the Township Engineer.
A. Exemption. Divisions of land where all resulting parcels of land exceed five acres and which are found by the Planning Board to be for agricultural purposes are exempt from the provisions of this chapter.
B. Presumption of agricultural purposes. Divisions of land shall be presumed to be for agricultural purposes within the meaning of this section if the subdivision meets all of the following requirements:
(1) Results in no new lots.
(2) Involves parcels which are all qualified for agricultural assessment.
(3) Does not contemplate the construction of new residential units.
C. Presumption against agricultural purposes. Division of land that shall be rebuttably presumed to be for other than agricultural purposes within the meaning of this section are those which:
(2) Would result in the creation of one or more parcels readily adaptable to accommodate the construction of additional residential units;
(3) Would result in the creation of one or more new lots; or
(4) Would result in one or more parcels that, by virtue of the quantity or quality of the land, either standing alone or in combination with other land, do not appear to be viable economic agricultural units.
D. Building permits restricted. No building permit shall issue for structures other than agricultural buildings on a lot created pursuant hereto unless minor subdivision has first been obtained from the Planning Board.
