A. Filing. Application for approval of a final plat or a final site plan shall be filed in accordance with Article VI and shall contain all the information prescribed in § 165-57 or 165-59, as the case may be, as well as all information indicated on Checklist No. 5 or No. 6 for determining completeness of application, as the case may be. Said application shall be filed within the period prescribed in § 165-38 and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be. [Amended 7-23-1984 by Ord. No. 245-84]
B. Following the report from the Subdivision and Site Plan Committee, if the Planning Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application, following the procedures in § 165-8.
C. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded upon as in the case of the original application. The Planning Board shall, if the proposed application complies with this chapter, together with any conditions imposed by the Board, grant final approval.
D. Prior to granting approval to a final plat, the following conditions shall be met:
(1) In a development served by public water, hydrants are to be located and fire flows are to be such that they meet the minimum standards of the Insurance Services Office of New Jersey, and certification to that effect from that agency shall be submitted.
(2) Domestic water supplies for each house shall have a residual pressure in the water main in front of the dwelling of not less than 30 pounds per square inch. Certification to that effect from either the serving utility or the Insurance Services Office of New Jersey shall be submitted.
E. Effect of final approval.
(1) The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 165-461)(1), whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in Subsection E hereof. 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 Subsection F, 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 this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 165-461) for the section granted final approval.
(2) In the case of a subdivision or site plan for a planned unit development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection 1)(1) of this section 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.
F. Recording of final plat.
(1) 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:
(2) No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signatures of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to P.L. 1975, c. 291. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to § 165-46. If the county recording officer records any plat without such approval, such recording shall be deemed null and void.
G. Filing and return of prints. After final approval, one translucent tracing and one cloth print shall be filed with the Township Clerk. The original tracing and one cloth print shall be returned to the subdivider.
H. No construction permit shall be issued until final subdivision approval by the Planning Board of the final plat and said plat has been properly filed with the County Clerk within the time or extended time required by Subsection F of this section. Proof of the filing shall be submitted to the Planning Board Secretary prior to issuance of a building permit.
I. Construction permits for site plans. A construction permit in connection with a site plan may be issued prior to final approval, but only after the installation of such improvements as the Planning Board, upon advice of the Township Engineer, may find necessary as precedent to the issuance of such permit. No certificate of occupancy in connection with a site plan shall be issued until final-site plan approval by the Planning Board.
J. Temporary certificate of occupancy. The Construction Official may grant a temporary certificate of occupancy in accordance with the provisions of the Uniform Construction Code, specifically N.J.A.C. 5:23-2.23 and 5:23-2.24. [Amended 12-22-2008 by Ord. No. 974-08]
K. Certificates showing approval.
(1) The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of this chapter, may apply in writing to the Clerk of the Planning Board for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to- be covered by the certificate and the name of the owner thereof.
(2) The Clerk of the Planning Board shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said Clerk shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
(3) Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
(a) Whether there exists in said municipality a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of this Act.
(b) Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.
(c) Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter.
[Amended 7-23-1984 by Ord. No. 245-84]
The procedure for review of a final planned development plan shall be the same procedure as for a final plat or site plan, or both, as the case may be, as prescribed above, according to the nature of the planned development. An application for approval of a final planned development plan shall include all information indicated on Checklist No. 5 or No. 6 for determining completeness of application as the case may be.
[Added 5-27-1993 by Ord. No. 516-93]
A. General development plans, submission and time for decision.
(1) Submission. Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) may submit a general development plan to the Planning Board prior to the granting of preliminary approval of that development by the Planning Board pursuant to Section 34 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46) or Section 36 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-48).
(2) Time for decision. The Planning Board shall grant or deny general development plan approval within 95 days after 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 general development plan approval of the planned development.
B. Contents of the general development plan.
(1) The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the gross residential density, and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development in a chronological sequence of events as described in Subsection B(3)(k) below.
(2) The planned development shall be developed in accordance with the general development plan approved by the Planning Board, notwithstanding any provisions of P.L. 1975, c. 291 (N.J.S.A. 40:5513-1 et seq.), or an ordinance or regulations adopted pursuant thereto after the effective date of the approval.
(3) A general development plan shall include, but is not limited to, the following:
(a) A general land use plan at a scale of not less than one inch equals 100 feet or such other scale permitting the entire site to be shown on one sheet. Enlargement of portions of the plan may be submitted on separate sheets of the same size. The plan shall indicate the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The gross density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided.
(b) A circulation plan showing the general location and types of transportation facilities, including a general description of proposed improvements for pedestrian access, within the planned development and any proposed improvements to the existing transportation system outside the planned development. The circulation plan shall be accompanied by a traffic impact report and the applicant shall be responsible for off-site traffic improvements in accordance with N.J.S.A. 40:5513-42 and municipal ordinances that govern same. In addition, the plan shall incorporate traffic demand management measures as specified in § 165-199G(4).
(c) An open space plan showing the proposed land area and general location of parks and any other land area to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands. The open space plan shall be accompanied by a timing schedule evidencing when open space areas will be set aside and when construction of recreational amenities will commence and be completed.
(d) A utility plan showing the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of proposed utilities.
(e) A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site and off site (if applicable).
(f) An environmental inventory and assessment in accordance with the Township's environmental impact statement requirements (§ 165-72), including a general description of the vegetation, soils, topography, geology, surface hydrology, climate, and cultural resources of the site, existing or man-made structures or features and the probable impact of the development on the environmental attributes on the site.
(g) A community facility plan indicating the scope and type of supporting community facilities which may include, but not be limited to educational, or cultural facilities, historic sites, libraries, hospitals, firehouses, municipal buildings, and police stations.
(h) A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.) will be fulfilled by the development.
(i) A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable, solid waste disposal, including separation and recycling of recyclable materials. The plan shall also indicate anticipated ownership and responsibilities for these facilities.
(j) A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the municipality or school district as a result of completion of the planned development. The fiscal report shall also include a projection. of property tax revenues which will accrue to the county, municipality and school district according to the timing schedules provided under Subsection B(3)(k) below, and following completion of the planned development in its entirety:
(k) A proposed development schedule in the case of a planned development where construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the project in its entirety. The development schedule referred to herein need not be a schedule of specific dates but can be a series of sequential events that provides for a logical progression of the build-out and completion of the project- in coordination with any on-site and off-site improvements required by the Planning Board of the municipality.
(l) A municipal development agreement, which means a proposed written agreement between the municipality and the applicant relating to the planned development.
C. Terms and duration of approval.
(1) The term and effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection C(2) below, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to P.L. 1975, c.291 (N.J.S.A. 40:55D-1 et seq.);
(2) In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capacity of completing the proposed development, and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof. However, the Planning Board, in establishing the timing schedule pursuant to § 165-52B(l)(k) and the municipality in negotiating the development agreement pursuant to § 165-52B(1)(1) hereof, may allow for application for preliminary approval for section(s) of the planned development subsequent to the five year limitation of N.J.S.A. 40:55D-45.7(b). The municipality shall not have cause to terminate the general development plan approval as long as the timing schedule and the development agreement, allowing section by section preliminary approvals subsequent to the five-year period are being met.
D. Modification of proposed development schedule.
(1) In the event that the developer seeks to modify the proposed development schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units, and nonresidential space within the municipality and the region, and the availability and capacity of public facilities to accommodate the proposed development.
(2) The developer shall gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area of nonresidential development in any section of the planned development; provided, however, that the Planning Board, in approving the location of land uses, density, and floor area ratio in any section, may allow reasonable variations from the development plan within specific ranges incorporated in the approved development plan which changes are in accordance with the Zoning Ordinance and do not adversely affect the proposed infrastructure or other basic elements of the development plan.
E. Amendments, revisions, and allowable reductions.
(1) Except as provided in Subsection E(2) below, once a general development plan has been approved by the Planning-Board, it may be amended or revised by the Planning Board upon application of the developer.
(2) A developer, without violating the terms of the general development plan approval granted by the Planning Board, may, in undertaking any section of the planned development, reduce the number of residential units or amounts of nonresidential floor space in the section in question by no more than 15%; provided, however, that a developer may not reduce the number of residential units to be provided pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.) without prior municipal approval.
F. Notice of completion; Nonfulfillment, termination of approval.
(1) Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer of the municipality, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For purposes of this section, "completion" of any section of the development means that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure as set forth in the approved general development plan and pursuant to Section 15 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-133). If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.
(2) If the developer does not complete any section of the development within the time required in the Planning Board's approval of the general development plan, or if at any time the municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the municipality shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The municipality shall thereafter conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approved plan shall be terminated 30 days thereafter.
(3) In the event that a developer who has a general development plan approval does not apply for preliminary approval for the planned development which is the subject of the general development plan approval within the time provided in the developer's agreement or within five years of the date upon which the general development plan has been approved by the Planning Board (whichever is later), the municipality shall have cause to terminate the approval, unless an extension is agreed upon by the mutual consent of the applicant and the municipality.
G. Termination of approval upon completion. In the event that a development plan is completed before the end of the term of approval, the approval shall terminate, upon the completion of the development. For purposes of this section, a development shall be considered complete on the date upon which certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.
[Amended 5-27-1993 by Ord. No. 516-93]
A. The Zoning Officer is the appropriate administrative official to serve as the lead official in the review of proposed uses for compliance with the conditions of site plan approval and the ordinance.
B. Prior to the issuance by the Construction Official of a building permit for interior finishing or a continuing certificate of occupancy, the applicant shall submit to the Construction Official a statement of zoning approval from the Zoning Officer indicating that the proposed use is consistent with the conditions of site plan approval and the ordinance and that additional site plan review is not required.
C. The applicant shall submit four copies of the information required in § 165-53E to the Zoning Officer. The Zoning Officer may refer the application to the Township's engineer, planner, and/or wastewater consultant, for consultation in making his determination as to the consistency of the proposal with the Zoning Ordinance and approval. Additional information may be required if it is deemed essential to making a determination of zoning approval. The Zoning Officer shall make his determination within 15 days of the receipt of a completed application containing the information required in § 165-53E.
D. If the Zoning Officer determines that the proposed use is not consistent with the Zoning Ordinance and approval, then the applicant shall be so notified in writing, with the reason(s) for disapproval noted. The applicant may then seek other administrative remedies, including application to the Planning Board for amended site plan approval or application to the Zoning Board of Adjustment for an interpretation or variance.
E. The applicant shall submit a building plan showing the location of the proposed use, along with the following information:
(1) Name, address, and telephone number of property owner, applicant and proposed tenant.
(3) Description of proposed use, including square footage devoted to differing uses (office, manufacturing, etc.), and an identification of the ordinance section and/or approval condition with which the proposed use complies.
(4) Existing use, if any, including square footage devoted to differing uses.
(5) Description of raw materials or original materials from which products are to be manufactured.
(6) Description of proposed machinery operation, products, by-products, and processes to be contained on the site.
(7) Estimate of daily water consumption, and the volume and nature of sewage, waste and water to be disposed of and descriptions of water supply and sewage treatment facilities.
(8) Statement of the anticipated number of shifts and number of employees per shift.
(9) Requirements for parking and loading areas, in accordance with ordinance and approval.
F. The Zoning Officer and Planning Board shall maintain a file for each site plan approval involving tenancy review. One copy of each application referred to in § 165-53C shall be maintained in the file, along with the record of actions taken by the Zoning Officer. Where the Resolution of Approval specified a limit on the type and mix of uses in a project, the file shall include an ongoing accounting of the current mix of uses in a project.
The minor subdivision plat shall be prepared to scale based on Tax Map information or some other similarly accurate base at a scale of not less than one inch equals 100 feet to enable the entire tract to be shown on one sheet. The plat shall be signed and sealed by a licensed New Jersey professional engineer or land surveyor and shall show or include the following information:
A. The location of that portion which is to be subdivided in relation to the entire tract.
B. Existing contours at sufficient intervals to determine the general slope and natural drainage of the land and existing natural features, including wooded areas, rock outcrops and swamps within the area to be subdivided and within 200 feet thereof.
C. The name of the owner of all adjoining property and owners of property directly across the street as disclosed by the most recent municipal tax record. If there is no positive evidence of ownership of any parcel of adjoining property within 200 feet, a certificate will be presented from the custodian of tax records to that effect.
E. All streets or roads and streams within 500 feet of the subdivision.
F. The location of all structures within 100 feet of the property.
G. The approximate location of existing streets, existing and proposed property lines and approximate lot sizes and areas.
H. The existence and location of any utility easement which affects the title of the land being subdivided.
I. Setback, side line and rear yard distances of existing structures.
J. The name and address of the person preparing the plat, the scale, date of preparation and reference meridian.
K. Certification from the Tax Collector that all taxes and assessments for local improvements on the property have been paid to date.
L. The Planning Board reserves the right to require a feasible sketch plan layout of remaining land not being sbdivided if it is deemed ..cccssary.
M. Zone district boundary lines, if any, on or adjoining the property to be subdivided and a schedule indicating the required minimum lot area, lot width, lot depth and front, rear and side yards of each zone district located on the property.
N. An environmental impact statement (EIS) when required by § 165-72.
O. Existing wells and septic systems within 100 feet of all property lines.
P. Such ether information as may be indicated on Checklist No. 1 for determining completeness of an application for minor subdivision approval. [Added 7-23-1984 by Ord. No. 245-84]
