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.
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.
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) determines 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, or 40:55D-35 the Development Permit shall be issued 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) determines 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-34, or 40:55D-35, the applicant shall be instructed that Planning Board or Board of Adjustment approval 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. [Ord. No. 2011-3029 § 2]
D. An Application for Development Permit shall be in writing by the owner or his authorized agent and include the following:
1. A statement of the use or intended use or uses of the building, structure or land.
2. Elevations, floor plans and/or details drawn to scale of the building or structures to be erected including signs to be placed thereon and their content and manner of construction. [Ord. No. 2011-3029 § 2]
3. A survey and/or site plan drawn to scale showing all proposed and/or existing buildings, structures, signs, parking areas, setbacks, and yard distances in exact relocation to street and lot lines. [Ord. No. 2011-3029 § 2]
4. For "exempt development," any necessary approvals from any Federal, State, County, local or other regulatory agency or utility. [Ord. No. 2011-3029 § 2]
5. A grading plan shall be submitted for applications to construct a new single-family dwelling, a new two-family dwelling, a new accessory building or structure that exceed five hundred (500) square feet, and/or an addition to a single-family, two-family dwelling or accessory building or structure that exceeds five hundred (500) square feet. The plan shall include the existing and proposed building and lot coverage, as well as grading contours at one (1') foot intervals, except where there will be a disturbance of slopes exceeding five (5%) percent, a two (2') foot interval is permissible and if they exceed ten (10%) percent, a five (5') foot interval is permissible. Grading plans shall also include existing and proposed building and lot coverage calculations and data. [Ord. No. 98-2529; Ord. No. 2006-2879 § 1; Ord. No. 2011-3029 § 2]
6. Fee required by subsection 16-314.A.5. [Ord. No. 2011-3029 § 2]
E. The Administrative Officer (Zoning Officer) shall take action on a complete application for a development permit within twenty (20) days of its submission.
F. If the Administrative Officer determines that the proposed undertaking is not an "exempt development," the applicant shall be instructed that Planning Board, Board of Adjustment, or Landmarks Commission approval of an Application for Development is required. The Zoning Officer shall further advise the applicant which Board has jurisdiction over the Application for Development and which of the following approvals are required:
1. Site Plan.
2. Subdivision.
4. Conditional Use Permit.
5. Direction for Issuance of a Building Permit.
6. Landmarks Commission Certificate of Appropriateness.
G. The Planning Board or Board of Adjustment 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.
H. Upon receipt of building permits for any development, a copy of the Zoning Officer's approval letter, the Application for Development, and the plan that the approval letter was based upon shall be kept on site at all times during construction and shall be made available for review by any appropriate Township official, including inspectors. [Ord. No. 2006-2879 § 8]
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 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.
A. Submission Requirements.
All applications for development requiring Planning Board or Board of Adjustment action shall be submitted in accordance with the requirements set forth in Sections 16-404 through 16-412 of this Chapter. Where an application involves approvals related to more than one (1) section, the more restrictive requirements shall apply.
B. Administrative Review.
Upon receipt of an Application for Development, the Administrative Officer shall retain the original of the application and one (1) 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 or the Secretary of the Board of Adjustment (whichever Board has jurisdiction). The Township Planner or the Secretary of the Planning Board or the Secretary to the Board of Adjustment shall review the application for compliance with submission requirements. If the application is for a site plan, subdivision and/or conditional use, the Township Planner, Secretary of the Planning Board or Secretary of the Board of Adjustment shall make the following distribution of the application, plat maps and attachments:
The Planning Board or Board of Adjustment 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 plat maps and other documentation.
C. Completeness Review.
When all submission requirements have been fulfilled and, in case of major site plans, subdivisions and conditional uses, when completeness review reports have been received from the Township Engineer certifying that the plans and attachments are in compliance with all submission requirements, the Administrative Officer (Township Planner, Secretary of the Board of Adjustment or 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.
An Application for Development shall be deemed to be properly submitted unless the Administrative Officer determines that it does not fulfill the criteria for a complete application pursuant to Section 16-203 of this Chapter and the Administrative Officer has done the following:
1. Provided the applicant with a checklist indicating the criteria for a complete application, and
2. Notified the applicant in writing of the deficiencies of the submitted application within forty-five (45) days of such application.
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/or the Board of Adjustment and the applicant of any technical deficiencies, required changes and/or recommended changes. Twenty (20) 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.
After issuance of a Certificate of Completeness, all Applications for Development shall be acted upon by the Planning Board or Board of Adjustment within the time limits set forth within Article 3 of this Chapter, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to Planning Board or Board of Adjustment 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.
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 or Board of Adjustment 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 or Board of Adjustment and pay the fees for such revised approval set forth in Section 16-314 of this Chapter.
F. Board Action.
In acting upon an Application for Development for a subdivision or site plan, the Planning Board and/or Board of Adjustment shall consider whether the submittal complies to 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 (Township Planner) 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 or Board of Adjustment, and the Township Engineer.
3. The applicant shall provide six (6) copies of the plat and attachments: After signature, the Administrative Officer (Township Planner) shall have the original and all copies signed and shall return the reproducible original of the plat and attachments to the applicant. One (1) copy shall be retained in the files of the Administrative Officer, two (2) copies shall be retained in the files of the Township Engineer, one (1) copy shall be retained in the files of the Building Department, and one (1) copy shall be retained by the Tax Assessor.
4. After signature and reproduction the Administrative Officer shall return the reproducible original of the plat and attachments to the applicant.
5. For all 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 plat is signed by the Chairman and Secretary of the Planning Board or Board of Adjustment. However, the period of time for which certain rights are conferred upon the applicant shall commence on the date which the Planning Board or Board of Adjustment 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. 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 or includes waivers for same shall be considered complete. The Board or Township Planner shall grant or deny the waiver request within forty-five (45) days. 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.
[Ord. No. 2006-2861 §§ 1 - 4]
A. Short Title. This Ordinance shall be known as the Developer Contribution Disclosure Ordinance.
B. Definitions. For purposes of this section, the following definitions apply:
CAMPAIGN CONTRIBUTION Any contribution to a Middletown political party, campaign organization, or Township Committee candidate committee, whether in the form of money, pledge, loan, gift, subscription, advance or transfer of money or other thing of value, including without limitation any in-kind contribution, or purchases of tickets, advertisements or the like, directly or indirectly, made to or on behalf of any Middletown Township Committee candidate, or candidate committee, joint candidates committee, or political party committee on behalf of such Middletown Township Committee candidate or member.
CONTRIBUTION DISCLOSURE STATEMENT A list specifying the amount, date, and the recipient of any and all campaign contributions made by or on behalf of the developer in the preceding one (1) year period prior to filing the application, and/or during the pendency of the application process, and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq. The Contribution Disclosure Statement shall be provided as a required document with any application for a major or minor site plan or subdivision application or use variances.
DEVELOPER Any individual or entity who makes an application to the Township Planning Board or Zoning Board for major or minor subdivision or site plan approval, or a use variance pursuant to N.J.S.A. 40:55d-70(d), or who owns or is the contract purchaser of any property that is the subject of any such development application. In the case of an individual, the term shall include his or her spouse and any child living at home, and any entities of which any of them are principals holding a ten (10%) percent or greater interest. In the case of an entity, the term shall also include every principal of said entity who has an ownership interest in excess of ten (10%) percent and their spouse and any child living at home.
DEVELOPMENT APPLICATION Any application for major or minor subdivision or site plan approval, or for a use variance pursuant to N.J.S.A. 40:55d-70(d) before the Township Planning or Zoning Board.
C. General Provisions.
1. Disclosure Requirements.
a. Any developer making application for a major or minor subdivision or site plan or for a use variance shall include in the application the Contribution Disclosure Statements for such developer, as a required document with the development application. An application shall not be deemed complete by the administrative official or accepted for public hearing until Contribution Disclosure Statements required from the developer are submitted.
b. During the pendency of the development application process until final approval is granted, any developer shall promptly amend its Contribution Disclosure Statements to provide and set forth continuing disclosure of all campaign contributions within the disclosure requirement.
c. Contribution Disclosure Statement shall be available in the office of the Planning or Zoning Board Secretary as a government record under the Open Public Records Act. It is the intent that the Contribution Disclosure Statement shall serve to inform the public, and not alter or effect the decisional criteria under the Municipal Land Use Law for such Development Application.
D. Violations and Penalties.
Any person falsifying or misrepresenting information in a Contribution Disclosure Statement shall be subject to the penalties in Chapter 1, Section 1-18 of the Code. In addition, such falsification or misrepresentation may be a basis for review and reconsideration of the application by the Planning or Zoning Board, to the extent permissible by the Municipal Land Use Law.
[Ord. No. 2009-2966]
A. Preamble. Municipal Master Plans include well thought out, long-term decisions about the development capacity of community.
Municipal Master Plans are implemented through the enactment of local land use ordinances.
Deviations from these local ordinances by way of variances pursuant to N.J.S.A. 40:55D-70d and N.J.S.A. 40:55D-70c, exceptions and waivers pursuant to N.J.S.A. 40:55D-51 provide opportunities for significant private gain.
Applicants for planned developments, as defined in N.J.S.A. 40:55D-6 often deviate from the goals of the municipal master plan and provide opportunities for significant private gain.
Openness in government and a fair and impartial variance, waiver and exception and planned development application process is crucial to assuring the continuing integrity of the municipal Master Plan, its implementing ordinances and the integrity of the variance application process.
Disclosure of political contributions by property owners, developers and professionals will enhance the township's existing commitment to openness in government and provide further guarantees for a fair and impartial variance, waiver and exception application process.
Disclosure of political contributions by property owners, developers and professionals will effectuate the purposes of the Municipal Land Use Law to promote morals and the general welfare.
Since 2007, the Township of Middletown has already adopted some of the most restrictive pay to play rules in the State of New Jersey.
The Township Committee has found and determined that the paramount public interest in enhancing the Township's commitment to openness in government, in providing further guarantees for a fair and impartial variance, waiver and exception application process, and in promoting morals and the general welfare through the integrity of the municipal planning process requires the supplementation of the municipal application checklist to mandate the listing of specified political contributions made by property owners, developers and the professionals whose services they use in applications for major variances, waivers and exceptions be included in the Code of the Township of Middletown (1996), as follows:
B. Short Title. Middletown Township Developer Disclosure Ordinance.
C. Definitions.
APPLICATION CHECKLIST The list of submission requirements adopted by ordinance and provided by the municipal agency to a developer pursuant to N.J.S.A. 40:55D-10.3.
CONTRIBUTION Every loan, gift, subscription, advance or transfer of money or other thing of value, including any item of real property or personal property, tangible or intangible, but not including services provided without compensation by individuals volunteering a part or all of their time on behalf of a candidate, committee or organization, made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee and any pledge, promise or other commitment or assumption of liability to make such transfer. For purposes of reports required under the provisions of this ordinance, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed.
CONTRIBUTION DISCLOSURE STATEMENT A list specifying the amount, date, and the recipient of any and all Contributions made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee of, or pertaining to, this municipality, made up to one (1) year prior to filing the variance application and/or during the pendency of the application process, and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq.
DEVELOPER A developer as defined by N.J.S.A. 40:55D-4, i.e., the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
PROFESSIONAL Any person or entity whose principals are required to be licensed by New Jersey Law and who supplies legal representation, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which said individuals practice.
D. General Provisions.
1. Disclosure Requirements.
a. Any applicant for a variance pursuant to N.J.S.A. 40:55D-70d or a variance pursuant to N.J.S.A. 40:55D-70c in conjunction with any application for a subdivision not considered a minor subdivision pursuant to local ordinance or a site plan not considered a minor site plan pursuant to local ordinance as well as any application for a subdivision not considered a minor subdivision pursuant to local ordinance or site plan not considered a minor site plan pursuant to local ordinance requiring waivers or exceptions pursuant to N.J.S.A. 40:55D-51 shall include in the application Contribution Disclosure Statements for all Developers; all associates of said Developers who would be subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2; and all professionals who apply for or provide testimony, plans, or reports in support of said variance and who have an enforceable proprietary interest in the property or development which is the subject of the application or whose fee in whole or part is contingent upon the outcome of the application. Regardless of whether the owner of the property which is the subject of the variance application falls in any of the categories established in the preceding sentence, the applicant shall include in the application a Contribution Disclosure Statement for said owner.
b. During the pendency of the application process until final site plan approval is granted, any applicant required to comply with this section shall amend its Contribution Disclosure Statements to include continuing disclosure of all Contributions within the scope of disclosure requirement of the above paragraph.
2. Inclusion of Contribution Disclosure Statements as an Element of the Application Checklist.
a. An Application Checklist ordinance is hereby adopted pursuant to N.J.S.A. 40:55D-10.3 to require that the Contribution Disclosure Statements specified in paragraph 1. of this subsection be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.
b. The Municipal Planning Board and Board of Adjustment shall amend its Application Checklist for variances pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance to include the Contribution Disclosure Statements specified in paragraph 1. of this subsection.
c. An application shall not be deemed complete by the administrative official or accepted for public hearing by the Municipal Agency until the required Contribution Disclosure Statements are submitted.
3. Availability of the Disclosure Statement.
All Contribution Disclosure Statements shall be available upon the filing of an Open Public Records Act ("OPRA") request with the Township Clerk's Office.
4. Intent of the Disclosure Statement.
It is the intent of this section that the Disclosure Statement shall serve to inform the public and not serve as evidence relevant to the decision criteria for variance applications pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.
