Whenever an application for development to the Board is permitted or required by this Article, it shall be in such form, and accompanied by such maps, documents, and materials as are prescribed by this Article, and shall be submitted to the Administrative Officer in such numbers as required herein. No development application shall be accepted for submittal unless it conforms to the form, content, and data requirements of this Article. The standards for submission contained in this Article shall be considered the minimum requirements for the promotion of the public health, safety, and general welfare.
A. Subdivision and Site Plan approval required. Except as otherwise permitted, no zoning permit shall be issued for any building or use or enlargement of any building or use unless a site plan is first submitted and approved by the Neptune Township Planning Board or Zoning Board of Adjustment as the law directs. No subdivision of land shall be valid unless a plat is first submitted and approved by the Neptune Township Planning Board or Zoning Board of Adjustment.
B. Exemptions from Site Plan review. Site plan review and approval shall not be required for:
1. Zoning permits for individual lot applications involving only a detached one-or two-dwelling unit building.
2. Accessory buildings as otherwise permitted for detached one- or two-dwelling unit or uses.
3.Accessory buildings for non-residential uses, with a maximum 500 square foot size limitation, provided:
(a) In the opinion of the Zoning Officer, the proposed building and use will not impair the public good;
(b) Adequate information is provided to the Zoning Officer or designee in order to make an informed decision;
(c)Said building conforms to all of the requirements contained in this Chapter, and a zoning permit is granted;
4.Other buildings or structures incidental to residential uses.
5.The alteration or repair of an existing building which is not either a detached one- or two-dwelling unit building upon determination by the Administrative Officer that the alterations or repair:
(a) Will not result in additional lot coverage whether by buildings or site improvements.
(b) Will not increase the number of required off-street parking or loading spaces.
(c) Will conform to the maximum and minimum standards as set forth in Article IV.
(d) Is not proposed in conjunction with a use requiring a conditional use permit.
6. No exemption from site plan review shall be permitted for any use, building, structure, or landscape either currently listed on the local, State or National Register of Historic Places, or proposed for inclusion on such register or registers in the Historic Preservation Element of the Master Plan.
7. Expansion of an existing conforming non-residential structure, provided:
(a) The expansion will result in less than ten percent (10%) of additional building coverage or 500 square feet, whichever is less;
(b) In the opinion of the Zoning Officer, this addition will not create a nuisance to adjoining land uses.
(c)Said building conforms to all of the requirements contained in this Chapter, and a zoning permit is granted;
This exemption shall be limited to one expansion every three (3) years, up to a maximum aggregate of 2,500 square feet.
C. Site Plan Review Waiver. The Board of Jurisdiction may waive the requirement of site plan approval whenever it determines that the proposed development, alteration, repair, or change of use or occupancy does not affect the existing conditions of the lot or premises, including: topography; vegetation; drainage; floodplains; marshes and waterways; open space; walkways, means of ingress and egress; utility services; landscaping; structures; signs; lighting and screening devices; and other considerations of site plan review. Any applicant desiring a waiver under this section shall present sufficient credible evidence to allow the Board to reach such conclusions as would permit a. waiver. Such evidence may consist of sketches, property descriptions, methods of operation, photographs, testimony, or other documentation or information as the Board may require. The reviewing Board shall render a decision based on such evidence and may attach conditions to any waiver so granted.
Prior to issuance of a Certificate of Completeness, the Administrative Officer shall determine that the following documents have been submitted:
Prior to issuance of a Certificate of Completeness, the Administrative Officer shall determine that the following documents have been submitted:
**Webmasters Note: The previous sections, 802A and 802B, have been amended as per Ordinance No. 13-17.
All plans and documents submitted shall be signed and sealed by the appropriate licensed or certified professional, as follows:
A. Depiction of Existing Conditions on a Site Plan.
1. Survey of property and exact location of existing conditions: Land Surveyor.
2. The existing location of vegetation, general flood plain determination, or general location of buildings, utilities, or structures: Architect, Engineer, Land Surveyor, Landscape Architect, or Planner.
B. Preparation of a Site Plan.
1. The location of proposed buildings and their relationship to the site and the immediate environs: Architect or Engineer.
2. The location of drives, parking layout, pedestrian circulation and the means of ingress and egress: Architect, Engineer, Planner or Landscape Architect.
3. Drainage facilities for site plans of ten (10) acres or more; or, involving stormwater detention facilities; or, traversed by a water, course: Engineer.
4. Other drainage facilities: Architect or Engineer.
5. Connections with utilities and their on tract extension: Engineer.
6. Off tract utility extensions: Engineer.
7.On site sanitary sewage disposal or flow equalization facilities: Engineer.
8. Preliminary floor plans and elevation views of buildings illustrating the architectural design of a project: Architect, except where the building is part of an engineering or industrial project, in which case an Engineer.
9. Landscaping, signs, lighting, screening material or other information not specified above: Architect, Planner, Engineer, or Landscape Architect.
10.The general layout of a preliminary site plan or general development plan for a multiple building project, showing the development elements including their relationship to the site and the immediate environs: Architect, Engineer, Planner, or Landscape Architect.
C. Preparation of a Major Subdivision Plat.
1. The general location of facilities, site improvements, and lot layouts: Architect, Engineer, Land Surveyor, Planner, or Landscape Architect.
2. The design and construction details of all public improvements, including street pavements, sidewalks, curbs, sanitary sewage, and storm drainage facilities: Engineer.
3.Final subdivision plat with metes and bounds: Land Surveyor.
D. Circulation Impact Study Transportation Engineer or Planner.
E. Other Submissions: As qualified by the Board.
A. Initial Submission Requirements. The applicant, at their option, may chose to may an initial submission for completeness review only, in accordance with the checklist requirements of this Section. Said submission may be modified to include a total of four (4) sets of required submission materials pursuant to this Article. The submission will be distributed to the Board Engineer and Board Planner for completeness review. Upon the issuance of a Certificate of Completeness, the applicant shall make all required submissions as specified in Section 812, fifteen (15) days prior to the scheduled public hearing.
B. Certification of completeness. An application for development shall be complete for the purposes of commencing the applicable time period for action by the Board when so certified by the Board or its authorized committee or designee, the Administrative Officer. In the event that the Board, committee, or designee does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five (45) day period for the purposes of commencing the applicable time period unless:
1. The application lacks information required in the applicable checklist; and
2. The Board or its authorized committee or designee has notified the applicant, in writing of the deficiencies in the application within forty-five (45) days of submission of the application.
C. Submission requirement waivers. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its designee shall grant or deny the request within forty-five (45) days. Nothing herein shall be construed as diminishing the applicant's obligation to offer sufficient proof during the application process that he or she is entitled to approval of the application.
D. Correction of erroneous information. The Board may subsequently require correction of any information found to be in error, and the submission of additional information not specified in this Ordinance, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revision in the accompanying documents so required by the Board.
A. An applicant may request and the Planning Board shall grant, an informal review of a concept design plan for which an applicant intends to prepare and submit an application for development.
B. A concept design plan shall be submitted to the Administrative Officer at least 10 days prior to a regularly scheduled meeting in form, content, and number as required in the applicable checklist. All persons having an interest in the proposed development shall be given an opportunity to be heard at the hearing. The concept design plan and its documentation shall show a general design of the development and its public improvements sufficient- for the Board to consider the concept. Acceptance of the concept design plan does not constitute an approval, nor shall it be considered a valid basis for the construction of improvements or other commitments which depend upon the concept plants design characteristics. Neither the applicant nor the Board shall be bound by the plan or its review.
C. In no event shall the concept design review be considered a preliminary plat submission or preliminary site plan submission for the purpose of deeming an application complete nor shall it constitute a general development plan, preliminary plat or preliminary site plan approval by the Board.
A. Submission required. When an applicant proposes development that meets the definition and criteria for a minor subdivision or minor site plan, an application in form, content, and number as required herein shall be submitted.
B. Criteria for minor classification. Applications shall be classed either as minor subdivisions or minor site plans only upon meeting the definitional requirements in Article II and the following criteria:
1.Minor Subdivision.
(a) The subdivision shall consist of no more than three (3) lots in total including the remainder lot; and
(b) The tract was not the subject of a minor subdivision approval within two
2.Minor Site Plan.
(a)The proposed development contains less than 1,000 square feet of floor area; and
(b) The proposed development contains less than 4,000 square feet of impervious surface; and
(c) The tract was not the subject of a minor subdivision or minor site plan approval within two (2) years of the date of the resolution of memorialization.
C. Minimum review time period. The applicant shall submit an application and associated documentation to the Administrative Officer at least twenty (20) days prior to a regularly scheduled hearing.
D. Review by professionals. The Municipal Engineer, Planner, and/or other professional shall review all aspects of the application and shall expeditiously report their findings to the Board.
E. Determination of completeness. The Board or its designee shall determine the completeness of the application in accordance with the standards contained in this Article. No application shall be scheduled for a public hearing unless it is determined to be complete.
F. Time period for consideration. Once the application is deemed complete the Board shall have forty-five (45) days to grant or deny the application, with or without conditions.
G. Remainder of tract. Where the remaining portion of the original tract that is to be subdivided is of sufficient size to be developed further, the applicant may be required to submit a concept plan of the entire remaining portion of the tract to indicate a feasible plan whereby the site plan applied for, together with subsequent site plan(s) that may be submitted, shall not create, impose, aggravate, or lead to any adverse condition.
H. Board action on applications.
1. The Board shall act upon the application after it has sufficiently reviewed the application, that the Board professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present its request for development approval to the Board, and that the concerns of other interested persons have been considered. In any event, the Board shall grant or deny the application for a minor site plan within forty-five (45) days of the date of determination that a complete application has been submitted to the Board or within such time as may be consented to by the applicant. The decision and resolution of the Board shall be in writing in accordance with N.J.S.A. 40:55D-10g through -10i.
2. Minor subdivision and site plan approval shall be deemed final approval by the Board.
3. The Board may condition approval on terms ensuring the completion of improvements and performance in accordance with this Ordinance and N.J.S.A. 40:55D-38, -39, -40, and -53.
4. Whenever review or approval of an application for development by the Monmouth County Planning Board is required pursuant to N.J.S.A 40:27-6.3, the Board shall condition any approval upon the timely receipt of favorable action on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period.
5.Failure of the Board to act within the time period prescribed shall constitute approval, and a certificate of the Administrative Officer as to the failure of the Board to act shall be issued on the request of the applicant.
I. Effect of approval: Minor Subdivision. The zoning requirements and general terms and conditions, whether conditional of otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two (2) years after the date of approval; provided that the approved minor subdivision shall have been duly recorded pursuant to N.J.S.A. 40:55D-47.
Extensions may be requested and may be granted pursuant to N.J.S.A. 40:55D-47f and - g.
J. Effect of approval: Minor Site plans. The zoning requirements and general terms and conditions whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two (2) years after the date of approval. Extensions may be requested and may be granted pursuant to N.J.S.A. 40:55D-46.1 c.
K. Expiration of approval. In the granting of an application for minor site plan, the applicant shall secure a zoning permit and a construction permit. When no construction permit is required, a certificate of occupancy shall be secured within three (3) years of the date of approval, otherwise the approval shall be considered null and void.
L. Distribution. Upon the granting of site plan approval by the Board and the fulfillment of any conditions, the approved plan, including the resolution of approval, shall be sent to:
1. Applicant;
2. Planning Board file;
3. Municipal Engineer;
4. Municipal Planner;
5. Construction Code Official;
6. Code Enforcement;
7. Tax Assessor;
8. Such other municipal, county or State agencies or officials as directed by the Board or in the resolution of approval.
