An application for final major site plan approval must be filed within three (3) years of the grant of preliminary major site plan approval, or within the additional period of any extension thereof granted by the approving board pursuant to Subsections 13-3.808.3 and/or 13-3.808.4.
**Webmasters Note: The previous section has been added as per Ordinance No. 16-03.
An application for development in the form that the applicant intends to be a complete application, together with all required fees and deposit for escrow, shall be provided to the Secretary of the Approving Board by the applicant in a single submission. All items on the checklist of requirements shall be submitted with the application unless the applicant submits a written request seeking waiver of the omitted checklist requirements with reasons supporting the proposed completeness waiver. Upon submission of the application for development, the application shall be administratively reviewed and recommendations provided to the approving board by the Municipal Planner or his designee describing the status of completeness of the application. If the Municipal Planner deems the submission to be insufficient to perform his/her administrative review, he/she may require that the applicant resubmit or supplement its application documents. Upon submission of an application deemed by the Municipal Planner to be administratively sufficient, the application shall be filed and assigned a docket number by the Secretary and scheduled for a public hearing to determine completeness within forty-five (45) days of filing. Requests for completeness waivers shall be considered at the time of the completeness hearing.
At the completeness hearing, the approving board shall determine whether the application is complete or incomplete in accordance with the requirements of the checklist and after consideration of any written requests that any one or more of the checklist requirements be waived. If the approving board shall determine that the application is incomplete, the Secretary shall advise the applicant or its attorney, in writing, of the reasons why the application is incomplete within forty-five (45) days of the filing of the application for development. In the event that the approving does not certify the application to be incomplete or complete within forty-five (45) days of the date of filing of an application for development, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period for approval or denial of the application pursuant of this Ordinance.
In the event that the approving board determines that the application is incomplete, the applicant shall not have to pay a new application fee as long as the incomplete items are submitted within sixty (60) days of the determination of incompleteness. Otherwise, the application process shall begin as in a new filing. Where the board has determined the application is incomplete, an applicant wishing to make supplemental submissions to the original application within the sixty (60) day time period allowed shall make such supplemental submission at one time with all intended supplemental material filed simultaneously. The resubmission shall retain the original application docket number and shall be reviewed administratively and placed on the agenda before the board for a determination of completeness as in the case of a new application, and all procedures for determination of completeness shall be followed as in the case of a new application.
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The approving board may subsequently request the submission of checklist items waived for purposes of application completeness and/or the correction of any material found to be in error. The approving board may require submission of additional information not specified in the ordinance and/or such revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of an application for development have been satisfied. The board shall also have the authority to refer any application plans or documents to other agencies or individuals for comment or recommendations.
The Municipal Planner may, under appropriate circumstances, make a preliminary determination of completeness for the purpose of expediting the designation of a hearing date for the application, provided that any such determination shall be provisional in nature and shall be subject to confirmation by the Board at the public hearing of the applicant.
The officials and agencies to whom application plans or documents have been forwarded for review pursuant to this section shall forward their comments and recommendations in writing to the approving Board prior to the first public hearing of the application.
At the time when the approving Board determines that the application is complete and ready for public hearing, the approving Board shall either proceed forthwith with the public hearing of the application, provided that all applicable notice requirements have been satisfied, or set a date for the public hearing and notify the applicant of said date. After such notification by the approving Board, the applicant shall follow the procedures established in this ordinance and the Municipal Land Use Law with respect to the notice of hearing. If no further public notice is required, the approving board may directly proceed with the public hearing of the application after determining completeness.
The approving board shall approve, conditionally approve, or deny the final major site plan application within forty-five (45) days of the determination by the approving board that the application is complete unless the approving board shall extend the period of time within which the approving board may act. Failure of the approving board to act within the time prescribed shall constitute final major site plan approval and a certificate of the Administrative Officer as to the failure of the approving board to act shall be issued on request of the applicant. The approving board shall include findings of fact and conclusion based on the testimony and documentary evidence submitted and shall reduce this determination to writing in accordance with law.
Where, after an application is complete, the applicant proposes changes in the application, or accepts changes suggested by the approving board, the approving board may require the submission of an amended application which shall proceed as in the case of the original application for development, except that additional application/escrow fees and/or completeness review may be waived at the discretion of the approving board. The time within which the approving board shall review the amended application and make its determination shall commence as of the date of the filing of the amended application, or the date the amended application is determined to be complete, if additional completeness review is not waived. If the applicant fails to submit an amended application within the original time for review authorized by this ordinance, the approving board shall be obligated to act on the original application. If, at the discretion of the approving board, the change or changes are considered minor in nature, the applicant may be given approval subject to the submission of an amended plan indicating the changes.
The reasons for approval, approval with conditions or disapproval shall be set forth in the written minutes of the approving Board, and the applicant shall be notified in writing within forty-five (45) days of said action. A notice of said decision shall be advertised as provided by this Ordinance.
For any site plan which requires County Planning Board or other governmental agency approval, the approving Board shall condition its approval upon approval by the County Planning Board or such other agency. If the approving Board approves a site plan conditional upon County Planning Board approval or approval of any other governmental agency, and a substantial change is required in the design, access, circulation, drainage or improvements, the revised site plan shall be submitted to the township approving Board for re-approval.
1. All proposed improvements or development indicated on the approved site plan map shall meet the requirements of all applicable codes, ordinances and specifications of the Township, county, state vi federal governments and other agencies with jurisdiction over matters pertaining to site development.
2. The Construction Official and/or the Township Engineer may authorize minor variations in the final site plan caused by field conditions and shall notify the approving board of such variations.
In the event of a failure to comply with any condition of final site plan approval, the Township Engineer, Construction Official, or the designee of either, on his or her initiative, may revoke the construction permit or certificate of occupancy, as the case may be, and seek to enjoin the violation, or take such other steps as permitted by law.
1. The zoning requirements applicable to the preliminary approval granted and all other rights conferred upon the developer pursuant to preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted. If the developer has followed the standards prescribed for final approval, the approving board may extend such period of protection for extensions of one year, but not to exceed three extensions.
2. In the case of site plans for a Planned Development of 50 acres or more, conventional site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the planning board may grant the rights referred to in subsection 1 above of this section for such period of time, longer than 2 years, as shall be determined by the planning board to be reasonable taking into consideration: a) The number of dwelling units and nonresidential floor area permissible under final approval, b) Economic conditions, and c) The comprehensiveness of the development.
The developer may apply for thereafter and the planning board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration: a) The number of dwelling units and nonresidential floor area permissible under final approval, b) The number of dwelling units and nonresidential floor area remaining to be developed, c) Economic conditions, and d) The comprehensiveness of the development.
Whenever the approval board grants an extension of final approval pursuant to Section 13-3.911 above and final 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 developer may apply for an extension either before or after what would otherwise be the expiration date. The approving board shall grant an extension of final approval for a period determined by the approving board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the approving board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. The developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval, or (2) the 91 st day after the developer received the last legally required approval from other governmental entities, whichever occurs later. The extension granted pursuant to this section shall not preclude the approving board from granting an extension pursuant to Section 13-3.911 above.
After approval of the final major site plan, copies of the signed site plan shall be distributed as follows, where appropriate: a) Township Clerk b) Township Engineer c) Zoning Officer d) Tax Assessor e) Secretary of the Approving Board f) Morris County Planning Board g) Environmental Commission h) Applicant
All applications for conditional use shall be reviewed as though they were preliminary major site plan applications and shall follow the requirements of Section 13-3.8 of this Ordinance.
The Approving Board may grant preliminary and final major subdivision approval simultaneously subject to the posting of all Performance and Maintenance Guarantees required pursuant to Article IV of this Ordinance; provided that the Construction Official shall not issue any Building Permits or Certificates of Occupancy for the subdivision until the Township Engineer has certified- in writing that all improvements been completed in accordance with the approved plans.
The Approving Board may grant simultaneous preliminary and final major site plan approval: (a) without the posting of Performance and Maintenance Guarantees, where the Board finds, after consultation with the Township Planner and the Board Engineer, that the required site plan improvements are of such a limited scope as not to justify the Township's administrative costs in connection with bonding of the improvements; (b) with the posting of Performance and Maintenance Guarantees, where the Board finds that the required site improvements are of a character and scope that does not warrant as-built review by the Board; provided that, in either case, the Construction Official shall not issue any Certificates of Occupancy for the site plan until the Township Engineer has certified in writing that the all improvements have been completed in accordance with the approved plans.
An application for General Development Plan (GDP) approval shall be submitted to the Planning Board in connection with any proposed development in the PO/Ll district pursuant to Section 13-7.34A02E of this Ordinance. The applicant shall submit twenty (20) copies of the application and plans containing all the -information required- by the GDP checklist, together with all appropriate fees, at least three weeks before the date of the regular meeting of the approving Board at which the application is to be considered. The application, review and inspection fees for GDP applications shall be those established for preliminary major site plans pursuant to Section 13-2.4 of this Ordinance. GDP application review, completeness and notice procedures shall be those established for preliminary major site plans pursuant to Section 13-3.8 of this Ordinance.
Prior to approval of a GDP application, the Planning Board shall determine the following facts and conclusions:
A. That the proposed General Development Plan conforms to the requirements of Section 13-7.34A02 of this Ordinance.
B. That the proposals for maintenance and conservation of the common open space areas are reliable, and the amount, location and purpose of the common open space are adequate.
C. That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
D. That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
E. That the terms and conditions intended to protect the interests of the public and of the neighboring residents and of the occupants of the proposed development in the total completion of the development are adequate. Such terms and conditions may include, without limitation, bonding for infrastructural improvements.
F. That no taxes or assessments for local improvements are due or delinquent on the subject property.
The Planning Board shall establish the timing of the development among the various types of proposed uses and subgroups thereof and may require that certain uses be built before, after, or at the same time as others.
Board approval of a GDP shall not confer on the applicant the right to build the project. The applicant shall be required to obtain applicable preliminary major subdivision and preliminary major site plan approvals in accordance with the requirements of this Ordinance prior to initiating any site disturbance and shall be required to obtain applicable final major subdivision and final major site plan approvals prior to occupancy. GDP approval shall confer upon the applicant the right to develop the project in accordance with the approved plan subject to the conditions of such approval for a period to be determined by the Board, not to exceed 20 years from the date the applicant receives final approvals for the first section of the development. In making the determination of the duration of the GDP approval, the Board shall consider the proposed floor area to be constructed, prevailing economic conditions, the schedule to be followed in completing the development, the developer's capability of completing the proposed development, the contents of the GDP, and conditions attached to the GDP approval by the Board.
Once a GDP has been approved, it may be amended or revised only upon application to the Planning Board, provided that, without violating the terms of the approval, the developer may reduce the floor area of any section of the development by not more than 15%.
Each section of the development shall be deemed complete upon the issuance of certificates of occupancy for every structure included in such section under the approved GDP. Upon the completion of each section of the development, the developer shall notify the Planning Board Secretary by certified mail. If the Board Secretary does not receive such notification within eight months of the completion date for the section of the development established in the GDP approval, the Secretary shall give the developer notice by certified mail that it must submit evidence, within 10 days, that it is fulfilling its obligations under the approved GDP. The Board shall thereafter conduct a hearing to determine whether the developer is in violation of the approved plan. If, after such a hearing, the Board finds good cause to terminate the GDP approval, the Board Secretary shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter. A GDP approval shall automatically terminate in the event that the developer has not applied for applicable preliminary major subdivision and/or preliminary major site plan approvals within five years of the Board's approval of the GDP.
An application for approval of a lot line adjustment shall be submitted to the Township Planner The Applicant shall submit ten (10) copies of the application and a survey prepared by a licensed land surveyor indicating the existing and proposed lot lines and all existing structures and buildings, as well as such other information as the Township Planner may require The Applicant shall also submit an application fee of $100.00 and review fees of $300.00 Upon approval of the lot line adjustment, the Applicant shall also submit to the Secretary an administrative fee to the amount of One Hundred Dollars ($100.00) to cover the cost of revisions to the municipal tax maps.
**Webmasters Note: The previous section 13-3.1301 has been amended as per Ord. No. 18-02.
The Township Planner may approve a lot line adjustment subject to the following criteria:
1. The adjustment involves one lot line between two adjoining lots;
2. Owner(s) of both lots consent(s) in writing to the adjustment;
3. No new lots are created; and
4. Both lots are conforming after the adjustment, or any pre-existing nonconformities are not increased.
