* The Planning Board shall have exclusive jurisdiction over subdivisions, site plans and conditional uses and the granting of variances in conjunction therewith and such other items as set forth in § 134-12 of this chapter

* The Board of Adjustment shall have exclusive jurisdiction over the granting of a use variance and any subdivision or site plan in conjunction therewith, and such other items as set forth in §§ 134-27, 134-31 and 134-32 of this chapter.

(2) In the event that a waiver is requested, the Board shall hear and decide the waiver request at the next available regularly scheduled Board meeting at which the applicant may be scheduled If the Board grants the waiver, the application shall be considered complete as of the date of the Board's decision regarding the waiver request If the Board dames all or part of the waiver request, the application shall be considered complete when the applicant has submitted all of the information and material related to the denied waiver request Until that data has been submitted, the application shall be considered incomplete The Board, in determining whether a waiver should be granted, shall consider the following

(a) The size of the project

(b) The reasonableness of the request

(c) The relevancy of the subject data

(d) The cost of providing the data

(e) The availability of the data

(f) Recommendations of the municipal staff

(3) In no case shall a waiver be granted if to do so will deprive the Board of the ability to make an informed, reasoned and defendable decision that will be in the best interests of the township All waivers shall require a majority vote of at least two-thirds (2/3) of the authorized membership of the applicable Board If two-thirds (2/3) of the authorized membership is not present, the waivers shall be considered denied unless the applicant agrees to a time waiver all such votes shall be roll call votes and shall be recorded in the minutes of the applicable Board

(4) Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application Either Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this section 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 has been met The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by either Board

B. Administrative requirements All applications for development shall meet the following administrative requirements in order to be deemed complete

(1) Properly completed application forms (twelve (12) copies]

(2) Plans, maps and construction details as required (see appropriate checklist) [twelve (12) copies]

(3) Fees and escrow deposits paid

(4) Payment of taxes, liens and assessments

(5) Site inspection authorization form

(6) Compliance with legal notice requirements

(7) Corporation or partners form

(8) Affidavit of ownership/authorization form

(9) Copies of approvals of other governments/agencies as may be required or an affidavit indicating that application has been made to such agencies and the date of such application

(10) A listing of all variance requests, waiver requests of miscellaneous design standards and checklist waiver requests and section number appeal is taken from

C.Development submission requirement An application for development shall not be deemed complete unless it meets all of the requirements found in the checklist applicable to the application The applicable checklists are as follows

(1) Application for site plan or conditional use

(2) Minor subdivision

(3) Preliminary major subdivision

(4) Final major subdivision

(5) Application for variance

[Amended 7-7-82 by Ord. No 42-1982]

The developer shall file with the appropriate administrative officer a development application However, at the request of the applicant, the Planning Board shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development

The administrative officer shall, within fourteen (14) days after receipt of a development application, make a determination as to whether the Board to which the application is made has jurisdiction

The administrative officer shall, within forty-five (45) days of submission of a development application, notify the developer in writing that the submission is or is not a complete application and, if incomplete, the reasons therefor Failure to do so shall deem the application to be properly submitted Upon determination by the administrative officer that a complete application has been submitted, the time periods for decisions shall commence

The following development applications shall require notice of a public hearing by the Planning Board or Board of Adjustment prior to making a decision (notice of such hearing to follow the provisions of § 134-45 of this chapter):

A.Major subdivisions

B.Any application involving a variance of any kind

C.Any application for a conditional use

D. Any application filed pursuant to §§ 134-12G and 134-32A and B

E.Any application for a residential cluster

F. Any application for a planned unit residential development

G. Any application for change of zone as set forth in Article X of this chapter.

H. Any application for soil removal as set forth in Article XIII of this chapter

[Amended 6-7-78 by Ord. No 21-1978; 7-7-82 by Ord. No. 42-1982]

Unless the developer agrees to an extension, a Board must grant or deny approval of a development application, as provided in § 134-47 of this chapter, within the following number of days after submission of a complete application

A. In the case of the Planning Board

(1) For a minor subdivision: forty-five (45) days.

(2) For a preliminary major subdivision

(a) For ten (10) lots or less: forty-five (461 days.

(b) For more than ten (10) lots ninety-five (95) days.

(3) For a final major subdivision: forty-five (45) days.

(4) For a preliminary site plan

(a) For ten (10) acres of land or less and ten (10) Dwelling units or less. forty-five (45) days

(b) For more than ten (10) acres of land or more than ten (10) Dwelling units: ninety-five (95) days.

(5) For a final site plan: forty-five (45) days

(6) For a conditional use permit ninety-five (95) days

(g) Alternatives to all or any part of the project with reasons for their acceptability or nonacceptability

(10) The feasibility of proposed provisions for disposition of sanitary waste and stormwater and the control of soil erosion and sedimentation

(11) The substance of covenants, grants of easements or any other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities

(12) The provisions for parking of vehicles and the location and width of proposed streets and public ways

(13) The required modifications in the township land use regulations otherwise applicable to the subject property

(14) The materials to be used on the exterior of all buildings and structures and landscape plans

(15) In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned development are intended to be filed

(16) A written statement of why, in the applicant's opinion, a planned development would be in the public interest and would be consistent with the statement of objectives on planned development contained in the Township Zoning Ordinance'

B.Supplemental requirements for public hearing

(1) At the public hearing, the applicant shall present evidence as to the proposed planned development

(a) General character and substance

(b) Objectives and purposes to be served

(c) Specific details of design and organization of elements and plans

(d) Economic feasibility.

(e) Time factors and sequential development potentials

(2) To this end, factual evidence and expert opinion shall be submitted by the applicant in the form of such necessary maps, charts, reports, models and other tangible materials and in the form of sworn testimony by experts, such as lawyers, architects, engineers, realtors and professional planners and economists, as will clearly state for record the full nature and extent of the proposal

C. Findings The grant or denial of preliminary approval by written resolution shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said resolution shall set forth with particularity in what respects the plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following matters, however, no preliminary approval shall be granted unless the Planning Board shall find the following facts and conclusions

(a) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards pursuant to Section 52c of the Municipal Land Use Law

(b) That the proposals for maintenance and conservation of the common open space are reliable arid 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 arid 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) In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate

D. Special conditions applicable to preliminary approval

(1) Preliminary approval of a plan shall not qualify a plat of the planned development for recording nor authorize development or the issuance of any building permits

(2) In the event that a plan is given preliminary approval and thereafter, but prior to final approval, the owner shall elect to abandon part or all of said plan and shall so notify the Planning Board in writing, or in the event that the owner shall fail to file application or applications for final approval within the required period of time, the preliminary approval shall be deemed to be revoked; and all that portion of the area included in the plan for which final approval has not been given shall be subject to those township ordinances applicable thereto

(3) As a condition to preliminary approval of the planned development, the Planning Board may permit the implementation of the plan in whole or in sections or stages consisting of one (1) or more sections or stages

(a) Such sections or stages shall be

[1] Substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, open spaces and similar physical features and shall be capable of substantial occupancy, operation and maintenance upon completion of construction and development, and no section shall exceed the overall maximum density permitted for the entire plan unless such density is offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by a grant of easement or by covenant in favor of the municipality Such reservation shall, as far as practicable, defer the precise location of such common open space until an application for final approval is filed so that flexibility will be maintained

[2] Properly related to other services of the community as a whole and to those facilities and services yet to be provided in any planned development district

[3] Provided with such temporary or permanent transitional features, buffers or protective areas as the Planning Board may require under conditions of ownership and maintenance as will prevent damage or detriment to any completed section or stages and to adjoining properties not in the planned development

(b) Plans and specifications of such sections or stages are to be filed with the Planning Board and are to be of sufficient detail and at such scale as to fully demonstrate the following

[1] The arrangement and site location of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and service facilities and land ownership conditions

[2] Estimates of its social characteristics such as the size and composition of future population in terms of probable family sizes as occupants of the several Dwelling unit types, their need for public services and protection for recreational facilities and for commercial and professional services, anticipated rental scales, etc

[3] Such further evidence as shall demonstrate consistency with the living standards of the community

E.Special conditions applicable to final approval

(1) An application for final approval may be for all the land included in a plan or, to the extent set forth in the preliminary approval, for a section there-of Said application shall be made to the Township Planning Department prior to the expiration date of preliminary approval. A public hearing on an application for final approval of the plan, or part thereof, shall not be required, provided that the plan, or part thereof, submitted for final approval is in substantial compliance with the plan theretofore given preliminary approval

(2) A plan submitted for final approval shall be deemed to be in substantial compliance with the plan previously given preliminary approval, provided that any modification by the applicant of the plan as tentatively approved does riot vary the proposed gross residential density or intensity of use by more than five percent (5%); involve a reduction of the area set aside for common open space nor the substantial relocation of such area, nor increase by more than five percent (5 %) the total ground areas covered by buildings, nor involve a substantial change in the height of buildings A public hearing shall not be held to consider minor modifications in the location and design of streets or facilities for water and for disposal of stormwater and sanitary sewage.