[Ord. No. 95-2415]
A. Required Documents.
Prior to the issuance of a Certificate of Completeness, the Planning Board Secretary or the Board of Adjustment Secretary shall determine that the following has been submitted in proper form. The Planning Board or the Zoning Board of Adjustment Secretary may schedule a preliminary plat of a major site plan for public hearing upon submission of items 1 through 9.
1. Required application fees as set forth in Section 16-304 of this Chapter, (The Township will compute the fee and bill the applicant after submission of the application and plan). Twenty (20) sets of plans meeting the following requirements as well as fifteen (15) copies of the Preliminary major site plan reduced to an 11" x 17" sheet of paper. [Ord. No. 95-2495]
2. Township Engineer's correspondence stating the application be deemed complete for engineering review.
3. Copy of the application for granting of CAFRA Permit, where required and if submitted.
4. Proof that no taxes or assessments for local improvements are due or delinquent on the property or if it is shown that taxes or assessments are delinquent, then any approval shall be conditioned upon the payment of such outstanding taxes or assessments.
5. 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. If the applicant is not the property owner, then affidavit from the owner permitting the contract/purchaser to apply for site plan approval is required.
6. If the applicant seeks waiver(s) from any checklist item, then submission of a written request citing the specific requirement by section number and stating reasons for the waiver(s).
7. Where in the opinion of the Department of Planning and Development, a proposed project would be substantially altered depending upon the extent and configuration of freshwater wetlands on or near the subject property. A Letter of Interpretation from the New Jersey Department of Environmental Protection and Energy in order for an application to be deemed complete. For the purposes of this provision "substantially altered" shall be defined to include, but not limited to the following:
Where the actual extent and configuration of freshwater wetlands would result in:
a. Change in the number of lots proposed within a subdivision.
b. Change the size or location of any principal structure, road or driveway, excluding driveways accessing single-family dwellings or duplexes.
c. Change the location and/or number of parking spaces proposed, excluding parking for single-family dwellings or duplexes.
d. Change in any way the number and extent of any bulk variances required.
8. A detailed narrative description of the proposed project including the proposed use of the land or building, the type and extent of construction activity proposed and the number of parking spaces to be provided and/or added. Said narrative shall also, where pertinent, describe the operational aspects of the proposed use including hours of operation, including peak periods and expected vehicular activity.
9. If the applicant is a corporation or partnership, then the names and addresses of each individual holding ten (10%) percent or more interest in the corporation or partnership shall be provided.
B. Plat Requirements.
1. General Requirements.
a. Any preliminary plat of a major site plan presented to the Planning Board or the Board of Adjustment for approval shall be signed and appropriately sealed by an architect, engineer, land surveyor and/or 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.
b. Site plans shall not be drawn at a scale smaller than one inch equals fifty (1" = 50') feet nor larger than one inch equals ten (1" = 10') feet. If the size of the site would require the use of sheets larger than 30" x 42" in order to show the entire site on one (1) sheet, the detailed information for the site plan shall be shown in sections on sheets not larger than 30" x 42", which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one inch equals two hundred (1" = 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 twelve (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. The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated and/or such other information as may assist the Board in the determination of floodway and flood hazard area limits. The Middletown Township Master Drainage Plan prepared by T&M Associates (1972) may be utilized as a basis for floodplain delineation.
3. Existing and proposed public easement or rights-of-way and the purpose thereof.
4. The boundary, nature, and extent of wooded areas, swamps, bogs, streams, creeks and ponds within the site and within two hundred (200') feet thereof.
5. Existing and proposed manholes, sewer lines, fire hydrants, water lines, utility poles, and all other topographical features of a physical or engineering nature within the site and within two hundred (200') feet thereof.
6. All existing structures on the site and within two hundred (200') feet thereof, including their use, indicating those to be destroyed or removed and those to remain.
7. Title Block. The Title Block shall appear on all sheets and include:
a. Title to read "Preliminary Plat - Major Site Plan." If Final Site Plan Approval is applied concurrently, the title shall read "Preliminary and Final 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.
g. If the site plan contains more than one (1) sheet, each sheet shall be numbered, titled, and signed by the appropriate professional.
8. A schedule shall be placed on the site plan indicating:
b. Proposed and required lot dimensions with front, rear and side setbacks.
c. The acreage of the tract and site (the portion of the tract involved in the site plan).
d. The floor area of the existing and proposed buildings (listed separately).
e. The proposed use or uses and the floor area devoted to each use.
f. Square footage and percentage of the site retained unoccupied open space and occupied by buildings.
g. Proposed and required off-street parking spaces.
h. The maximum permitted and proposed percent of lot coverage for the entire site. Lot coverage shall be based upon the gross tract area as well as the contiguous developable area (refer to Subsection B.10.).
i. Proposed and maximum permitted floor area ratio for the entire site. The floor area ratio shall be based upon the gross tract area as well as the contiguous developable area (refer to Subsection B.10.).
j. Proposed and maximum permitted height of all existing and proposed structures (building height shall be measured in stories, as well as in feet).
9. North arrow and written and graphic scales.
10. A mapping of Critical Areas as specified by Section 16-624.A. Such mapping shall graphically depict the location of each Critical Area in relation to the total tract. A schedule shall be provided which indicates the contiguous developable area and the area of all Class I and Class II Critical Areas in square feet.
11. Zone boundaries and the Tax Map sheet, lot, and block numbers and names of owners of all properties within two hundred (200') feet of the site.
12. A key map, (at a scale of not less than one inch equals one thousand (1" = 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 boundary which is within five hundred (500') feet of the subdivision.
13. The plan shall be accompanied by an on-site drainage plan prepared in accordance with the following standards.
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 the standards set forth in the Planning and Development Regulations of Middletown Township.
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 one-tenth of one (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 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 forty (40) or more cubic feet per second. Cross-sections at intervals not exceeding one hundred (100') feet shall be shown for all open channels.
15. 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 (1) boring not less than fifteen (15') feet below grade or twenty (20') feet minimum depth shall be made for every ten (10) acres or portion thereof.
c. One (1) additional boring shall be made per acre or portion thereof.
d. Boring logs shall show soil types and characteristics encountered, groundwater depths, the methods and equipment used, the date of testing, the name of the firm, if any, 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 one-tenth of one (1/10') foot.
16. The capacity of off-street parking areas and the location and the dimensions of all access drives, aisles and parking stalls. The location and treatment of existing and proposed entrances and exits to public rights-of-way, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width and any other device necessary for traffic safety and/or convenience, and the estimated average number of passenger vehicles, single unit trucks or buses, and semi-trailers that will enter the site each day.
17. Graphic depiction of the anticipated routes and details of the system of on-site vehicular and pedestrian circulation. If the developer desires to have the appropriate provisions of Title 39 of the Revised Statutes governing motor vehicle operation made applicable to the site, thereby allowing municipal police regulation of traffic control devices, he shall submit a 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.
18. The location and size of proposed loading docks.
19. Location of curbs and sidewalks.
20. Cross-sections showing the composition of pavement areas, curbs and sidewalks.
21. Location of handicapped facilities including parking spaces and ramps (where applicable).
22. Paving and right-of-way widths of existing streets within two hundred (200') feet of the site.
23. If required by the Township Engineer, centerline profiles of streets bordering the site, internal roadways, and major circulation aisles showing:
a. Existing and proposed final grades and slopes.
b. Pipe sizes, slope, type, inverts, and grate or rim elevation of drainage and sanitary sewage facilities.
24. Location, use, finished grade level, ground coverage, first floor and basement elevations, of all existing buildings and other pertinent improvements.
25. A grading plan showing existing and proposed grading contours at one (1') foot intervals throughout the tract, except if slopes exceed five (5%) percent a two (2') foot interval may be used, and if they exceed ten (10%) percent, a five (5') foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL = 0) and source of datum shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be drawn to clearly delineate proposed grading.
26. Exterior lighting plan, including the location, direction of illumination, amount of illumination expressed in horizontal foot candles, wattage and drawn details of all outdoor lighting standards and fixtures.
27. Landscaping and screening plan showing the location, species (both common and botanical names), size and number of each type of tree or shrub, the location, type and amount of each type of ground cover to be utilized, and plant list and planting details for trees, shrubs, and/or ground cover.
28. Location of signs and drawn details showing the size, color, nature of construction, height and content of all signs.
29. Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.
30. Floor plans and building elevation drawings of any proposed structure or structures, or existing structures to be renovated. Building elevations shall specify all proposed exterior treatments including colors and materials.
31. If the Township Engineer, Planning Board or Zoning Board of Adjustment determines that existing trees located on the site may have an effect on the proper layout of the site, it may be required that the location, caliper and type be shown on the plat for the following:
a. Living deciduous trees having a trunk diameter of six (6") inches or more at breast height.
b. All living coniferous trees having a trunk six (6") inches or more in diameter at breast height.
c. All living dogwood (Comus florida) or American Holly (Ilex opaca) trees having a trunk of one (1") inch or greater at breast height.
d. All native laurel (Kalmia latifolia) shrubs having a root crown of three (3") inches or greater measured at the soil or surface level.
32. The location, area, dimensions and proposed disposition of any area or areas of the site proposed to be retained as common open space, indicating the facilities to be provided in such areas.
33. Sectionalization and Staging Plan. Developers of large uses such as shopping centers, multi-family dwellings, industrial parks or other such uses 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 could 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.
34. Such other information as the Municipal Agency and/or Township Engineer may request during site plan review.
35. An Environmental Impact Report for any application involving property in excess of ten (10) acres per Section 16-615 of this Chapter.
C. Conditions of Approval.
Any approval of an Application for Development for a preliminary plat of a major site plan by the Planning Board or Board of Adjustment shall be subject to the following conditions being satisfied prior to the signing of the plat:
1. Submission of additional prints of the plat and attachments for distribution (if required).
2. Monmouth County Planning Board approval (if not previously granted).
3. Township of Middletown Sewerage Authority approval (if not previously granted).
4. Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board or Board of Adjustment Secretary) in accordance with Section 16-303.E. of this Chapter.
5. Any other conditions which may be imposed by the Board or may be required by Federal, State or local law.
6. A condition setting forth the time within which all conditions must be satisfied as described in Section 16-303.F. of this Chapter.
7. In the event that the application requires an approval from another governmental agency, then municipal approval shall be conditioned upon receiving approval from said governmental agency.
8. 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:
Approved as a preliminary plat of a major subdivision by the Middletown Township Planning Board (Board of Adjustment) on _______________.
Attest: Chairman
Secretary Date
Township Engineer Date
Township Planner 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 (Township Planner) that all conditions of approval have been satisfied. After signature, the preliminary plat shall be distributed as provided for in Section 16-604.G. 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 (Township Planner) of a complete application for a site plan which involves ten (10) acres of land or less, and ten (10) dwelling units or less, the Board shall grant or deny preliminary approval within forty-five (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 ten (10) acres, or more than ten (10) dwelling units, the Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission to the Administrative Officer of a complete application for a site plan which also involves the granting of a variance, the Board shall grant or deny preliminary approval within one hundred twenty (120) days of the date of such submission or within such further time as consented to by the developer. Otherwise, the Board shall be deemed to have granted preliminary approval of the site plan.
F. Effects of Preliminary Approval.
Preliminary approval of a major site plan shall, except as otherwise provided herein, confer upon the applicant the following rights for a three (3) year period from the date of the preliminary approval:
1. That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layouts and design standards for streets, curbs and sidewalks, 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;
2. That the applicant may submit a complete application for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; and
3. That the applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of one (1) year, but not to exceed a total of two (2) extensions, provided that if the design standards have been revised by ordinance, such revised standards shall govern. Whenever the Board grants an extension of preliminary approval and the 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 Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one (1) year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was prevented from proceeding with the development and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of the preliminary approval or (2) the ninety-first (91st) day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
4. In the case of a site plan for an area of fifty (50) acres or more, the Board may grant the rights referred to in Paragraphs 1, 2, and 3 above for such period of time, longer than three (3) years, as shall be determined by the Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) the potential number of dwelling units and nonresidential floor area permissible under preliminary approval, (3) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (4) economic conditions, and (5) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards shall govern. Approval of a preliminary plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-49.
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 or Board of Adjustment and the Township Engineer that (1) 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 (2) that required inspection fees have been paid, and adequate performance guarantees 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 guarantees shall include, but are not limited to, the cost of the Township of providing 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.
H. Major Site Plan Waiver.
The approving authority may waive major site plan approval of an application if the applicant can clearly demonstrate that because of particular conditions relating to the property literal enforcement of a formal application for major site plan approval is impractical and that the proposal does not noticeably effect the items set forth in the Planning and Development Regulations. [Ord. No. 98-2529]
1. The approving authority may waive the formal requirements of obtaining major site plan approval if the proposed development meets one of the following:
a. Secured site plan approval under the terms of this Chapter within the past five (5) years and the proposed alteration complies with all provisions of Chapter 16, Planning and Development Regulations.
b. Changes in use, other than a conditional use, where adequate parking pursuant to Section 16-627.R. presently exists on site or are proposed.
c. Building alterations and additions which do not increase the footprint of the structure and do not increase the total gross floor area of the structure by twenty-five (25%) percent or more provided that adequate parking pursuant to Section 16-627.R., presently exists on site or are proposed.
d. Applications for accessory structures which do not exceed five hundred (500) square feet in size.
2. Public notice to the owners of all real property within two hundred (200') feet of the site and notice given by publication within the official newspaper of the Township shall not be required for a major site plan waiver request.
