A. Required Documents.
In cases where a proposed development requires Board of Adjustment action on an application for the grant of a variance pursuant to N.J.S.A. 40:55D-70c or d or for the direction of issuance of a Building Permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-35 or where a party requests Board of Adjustment action on an appeal pursuant to N.J.S.A. 40:55D-70a or on an interpretation pursuant to N.J.S.A. 40:55D-70b, the Administrative Officer (Township Planner or Board of Adjustment Secretary) shall determine that the following have been submitted in proper form prior to the issuance of a Certificate of Completeness. The Administrative Officer may schedule the application for consideration by the Board of Adjustment upon submission of items 1 through 8.
1. Fifteen (15) copies of a complete application form.
2. The required application fees as set forth in Section 16-314 of this Chapter (all checks must be made payable to the Township of Middletown).
3. Proof of payment of any outstanding real estate taxes.
4. Fifteen (15) copies of a plan drawn to scale depicting the requested variance. It is not necessary that this plan be prepared by a surveyor or engineer, only that it be legible and accurate.
5. Applications involving a variance for substandard lot area requires six (6) sets of building elevations.
6. If applicant is not the property owner, then affidavit from owner permitting contract/purchaser to apply for variance is required.
7. 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. 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.
8. 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. [Ord. No. 95-2415]
B. Plan Requirements.
1. Tax Map block and lot number(s) of site, as shown on the latest Township Tax Map.
3. Lot dimensions with front, rear and side setbacks.
4. North arrow.
5. Scale of plan.
6. The location and dimensions of any existing structure including buildings, pools, fences, and parking areas, along with the distances to property lines.
7. The proposed alteration or variance request including dimensions and the distances to property lines.
C. Conditions of Approval.
Any approval of an Application for Development for a variance granted by the Municipal Agency shall be subject to the following conditions being satisfied prior to the issuance of a Development Permit.
1. Payment of any outstanding real estate taxes.
2. Publication of a notice of the decision by the Administrative Officer (Board of Adjustment Secretary) within the time set forth in Section 16-303.E. of this Chapter.
3. Any other conditions which may be imposed by the Municipal Agency or which may be required by Federal, State or local law.
4. A condition setting forth the time within which all conditions must be satisfied as described in Section 16-303.F. of this Chapter.
D. Time Limit and Effect of Approval.
Variance approval shall be approved or denied within one hundred twenty (120) days of the date of submission of a complete application to the Administrative Officer or within such other time as may be further consented to by the applicant. Variance approval shall confer upon the applicant the right that the general terms and conditions upon which the variance was granted shall not be changed for a period of one (1) year. Any variance hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such development has actually been commenced within twelve (12) months from the date of publication of the notice of the judgment or determination of the Board of Adjustment. Where the grant of the variance was specifically conditioned on the grant of subsequent approvals by the Board, the variance shall expire by limitation unless a complete application for those subsequent approvals has been filed within twelve (12) months from the date of publication of the notice of the judgment or determination of the Board of Adjustment. The running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding. The Board of Adjustment may, for good cause, extend the time period of the variance for a period not to exceed one (1) year. In no case shall the Board grant more than two (2) such extensions. Where subdivision or Site Plan approval has been granted in conjunction with a variance or variances, the period of time for commencement of the development specified by the Board of Adjustment shall be the same as the period of time for which other rights are conferred upon the applicant by such subdivision or Site Plan approval pursuant to the provisions of this Chapter.
[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 Secretary or the Board of Adjustment Secretary may schedule a preliminary plat of a major subdivision for public hearing upon submission of items 1 through 9.
1. Required application fees as set forth in Section 16-314 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 Subdivision Plat reduced to an 11" x 17" sheet of paper. [Ord. No. 97-2495]
2. Township Engineers 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 an affidavit from the owner permitting contract/purchaser to apply for major subdivision 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 is needed in order for an application to be deemed complete. For the purposes of this provision, "substantially altered" shall be defined to include, but not be 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 are 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 a 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. All plats containing proposals or designs for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of said professional engineer. The preliminary plat shall be based on the land survey conducted not more than five (5) years prior to the date of application and certified to the subdivider and shall be drawn at a scale of not less than one hundred (100') feet to the inch for subdivisions up to one hundred (100) acres in size, and not less than two hundred (200') feet to the inch for subdivisions of one hundred (100) acres or greater.
b. The preliminary plat shall be based on a current certified boundary survey as required above with sufficient lines off the adjoining tracts surveyed to establish any overlap or gap between the adjoining boundary lines and the boundary lines of the tract in question and prepared in accordance with N.J.A.C. 13:40-5.1 "preparation of land surveys". The date of the survey and the name of the person making the same shall be shown on the map.
c. All proposed lot lines and areas of all lots in square feet. The areas and dimensions specified should be accurate to within minus zero (.0%) percent and plus four (+4%) percent (for example, a lot line specified as two hundred fifty (250') feet long should not be less than two hundred fifty (250') feet but may be as long as two hundred sixty (260') feet).
2. Title Block. The title block shall appear on all sheets and include:
a. "Preliminary Plat - Major Subdivision."
b. Name of subdivision, if any.
c. Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
d. Date of original and all revisions.
e. Names and addresses of owner and subdivider, so designated.
f. Name(s), signature(s) address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. (The plat shall bear the embossed seal of said engineer and land surveyor).
3. A key map at a scale of not less than one inch equals one thousand feet (1" = 1,000') showing the location of the tract to be subdivided, with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any zone boundary of Township boundary which is within five hundred (500') feet of the subdivision.
4. A mapping of all Critical Areas as specified by Section 16-624.A, and mapping of minimum circle diameters for each lot as specified by Section 16-624.K. Such mapping shall graphically depict the location of each Critical Area in relation to the tract. A schedule shall be provided which indicates the contiguous developable area, and the area of all Class I and Class II Critical Areas for all proposed lots in square feet. [Ord. No. 2007-2916 § 5]
5. A schedule shall be placed on the map indicating the zone district, acreage of the tract, the number of lots, the minimum permitted lot areas, the contiguous developable lot areas, setbacks, required lot dimensions, building floor area and proposed and minimum circle diameters for each lot. [Ord. No. 2007-2916 § 5]
6. Zone boundaries, Township borders and the names of all owners, lot and block numbers and property lines of parcels within two hundred (200') feet of the land to be subdivided including properties across the street, as shown by the most recent records of the Township or of the Municipality of which the property is a part.
7. North arrow and basis therefore and written and graphic scales.
8. Preliminary layouts showing methods of connection and sources of service. Prior to public hearing for preliminary subdivision plat, the developer shall provide written certification that he has contacted the involved servicing utility companies and has received their detailed specific installation standards. It will be the developer's responsibility to then integrate the various design standards and achieve optimum coordinated design.
9. The proposed location and area, in acres or square feet, of all land proposed to be dedicated for park and recreation facilities or common open space. Where common open space is proposed, the plat shall contain the following annotation including the site-specific information:
Block __________ Lot(s) __________ is (are) dedicated in perpetuity as open space to be held in common by the Homeowners'/Condominium Association which is made up of all the owners of the following properties: Block(s) __________ Lots(s) __________
10. The location, dimensions, area and disposition of any park and recreation areas shall be shown and noted on the preliminary plat and shall be subject to the approval of the Planning Board.
11. The location of proposed depressed pedestrian ramps and other facilities for the handicapped.
12. All existing streets, public easements, watercourses, floodways and flood hazard areas within the proposed subdivision and within two hundred (200') feet of the boundaries thereof, including both the width of the right-of-way of each street within two hundred (200') feet of the subdivision.
13. All existing structures on the property and within one hundred (100') feet thereof. For on-tract structures an indication of those which are to be destroyed or removed and the use and front, rear, and side yard dimensions of those to remain.
14. The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs, streams, creeks and ponds within the proposed subdivision and within two hundred (200') feet thereof.
15. The tentative plat shall show on the property to be subdivided and within one hundred (100') feet of that property all existing paper streets, curbs, manholes, sewer lines, water and gas pipes, utility poles, ponds, swamps and all other topographical features of a physical or engineering nature.
16. All proposed public easements or rights-of-way and the purposes thereof, and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.
17. Contours.
a. Existing one (1') foot interval contours based on United States Coast and Geodetic Survey datum (MSL=0) shall be shown extending a minimum of one hundred (100') feet behind the boundary of the tract in question and shall be certified by a New Jersey licensed land surveyor or professional engineer as to accuracy except that where the slopes exceed five (5%) percent, a two (2') foot interval may be used. If the slopes exceed ten (10%) percent, a five (5') foot interval is permissible. The source of elevation datum base shall be noted. If contours have been established by aerial photography, a check profile shall be made on the boundary line of the tract and certified by a New Jersey licensed land surveyor.
b. Ninety (90%) percent of elevations interpolated from contour lines will be within one-half (1/2) the contour interval when referred to the nearest bench mark. All spot elevations shall be to the nearest one-tenth (1/10') foot and accurate to within three-tenths (3/10') of a foot.
c. Ninety (90%) percent of all planimetric features shown on the map will be within one-fortieth (1/40") inch of their true position and no planimetric features will be out of true position more than one-twentieth (1/20") inch as map scale when referenced to the nearest field established station. A statement of compliance and/or a complete statement concerning any area of noncompliance with this requirement shall be placed on the tentative plat.
a. The preliminary plat shall show or be accompanied by a preliminary grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention-recharge basins, the scheme of surface drainage and other items pertinent to drainage including the approximate proposed grading contours at one (1') foot intervals, 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 the United States Coast and Geodetic Survey datum (MSL=0) and the source of datum shall be noted.
b. The plan shall outline the approximate area contributing to each inlet.
c. All proposed drainage shall be shown with preliminary pipe type and sizes, invert elevations, grades, and direction of flow, the direction of flow of all surface waters and all water courses shall be shown.
d. The preliminary grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth in the Planning and Development Regulations.
19. Preliminary Off-Site Drainage Plan. The preliminary plat shall also be accompanied by a preliminary off-site drainage plan prepared in accordance with the following standards.
a. The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
b. Pertinent off-site existing drainage, which receives or discharges runoff from or onto the site, shall be shown with elevations of inverts, pipe types, and sizes or other appropriate physical data for open or non-pipe conduits.
c. To the extent that information is available and may be obtained from the County or Township Engineer(s), any existing plans for drainage improvements, shall be shown.
d. In the event a temporary drainage system is proposed, tentative plans of that system shall be shown.
e. The off-site drainage plans shall be accompanied by profiles of all proposed drainage, showing existing and proposed finished grades, channel section details, pipe sizes, type, inverts, crowns, and slopes; all proposed structures and connections and design hydraulic grade lines for all conduits designed to carry 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.
20. Boring Logs.
The preliminary plat shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:
a. Borings shall be spaced evenly throughout the tract.
b. One (1) boring not less than fifteen (15') feet below the proposed 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 every two (2) acres, or one (1) boring for every three (3) proposed lots, whichever is greater.
d. Boring logs shall show soil types and characteristics encountered, groundwater depth, date of testing, the methods and equipment used, the name of the firm making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest one-tenth (1/10') of a foot.
21. Sectionalization and Staging Plans. The preliminary sectionalization and staging plan showing the following.
a. If the subdivision is proposed to be filed for final approval in sections, the plan shall show each such section and the anticipated date of filing for each section. The staging of the various sections in the subdivision shall be such that if development of the subdivision were to be discontinued after the completion of any section, the developed portion of the subdivision would be provided with adequate street drainage and utility systems. The size and staging of the section in a subdivision shall be established to promote orderly development and shall be subject to the approval of the Board.
b. The sectionalization and staging plan shall identify for each lot or group of lots in the subdivision those improvements that will be completed prior to application for Certificates of Occupancy. The plan should demonstrate that the staging of construction will minimize adverse affects upon occupied buildings in the subdivision and adjoining properties.
22. If the Township Engineer, the Planning Board or the Board of Adjustment determines that existing trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, diameter and type be shown on the plat for the following:
a. Living deciduous trees having a trunk of six (6") inches (diameter or more measured at four (4') feet aboveground.
b. All living coniferous trees having a trunk of six (6") inches or more diameter measured at four (4') feet aboveground.
c. All living dogwood (Cornus florida) or American Holly (Ilex opaca) trees having a trunk of one (1") inch or greater diameter at four (4') feet aboveground.
d. All native laurel (Kalmia latifolia) shrubs having a root crown of three (3") inches measured at the soil or surface level.
23. The number, location, size and species (both common and botanical names) of all proposed trees, shrubs, and/or ground cover plant material and planting details of same.
24. Such other information as the Board and/or Township Engineer may require or request during the review of the preliminary plat.
25. An Environmental Impact Report for any application involving property in excess of ten (10) acres per Section 16-615 of the this Chapter.
C. Conditions of Approval.
Any approval of an Application for Development for a preliminary plat of a major subdivision 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 the decision of the Board by the Administrative Officer (Planning Board, or Board of Adjustment Secretary) within the time set forth in 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 municipal 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 is 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 certificate 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 plan and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board after they receive certification from the Administrative Officer (Township Planner) that all conditions of approval have been satisfied. After signature, the preliminary plat shall be distributed as provided for in Section 16-404 of this Chapter and the signed original shall be returned to the applicant.
E. Time Limits for Preliminary Approval.
Upon submission of a complete application to the Administrative Officer (Township Planner) for a subdivision of ten (10) or fewer lots, 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 to the Administrative Officer (Township Planner) for a subdivision of more than ten (10) lots, 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 submission of a complete application to the Administrative Officer for a subdivision which also involves the granting of a variance, the Board shall grant or deny preliminary approval within one hundred twenty (120) days 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 major subdivision.
Approval of a preliminary plat shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49 and Section 16-408.F. of this Chapter.
F. Effects of Preliminary Approval.
Preliminary approval of a major subdivision 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, 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 apply for and the Board may grant extensions on such preliminary approval for additional periods of at least 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, directly or indirectly, 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 (91 st) day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
4. In the case of a subdivision of or 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, and (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.
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) such 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 subdivision 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 improvement is not completed and/or further development of the subdivision is not undertaken. Such performance guarantees shall include, but are not limited to, the cost of the Township of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract areas from flooding, screening or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way of easements.
