The purpose of this article is to establish the procedure for approving board review of and action with respect to applications for development. The procedure is intended to provide orderly and expeditious processing of such applications.
A. Preapplication conference.
(1) The applicant may request from the Director of the Department of Community Development and, if requested, shall be entitled to the holding of a preapplication conference. The purpose of this conference is to:
(a) Acquaint the applicant with the substantive and procedural requirements of this chapter;
(b) Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, this chapter and other development requirements;
(c) Advise the applicant of any public sources of information that may aid the applicant's prosecution of the application for development;
(d) Otherwise identify policies and regulations that create opportunities for, or pose significant constraints on, the proposed development;
(e) Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences;
(f) Permit input into the general design of the project; and
(g) Identify, to the extent practicable at this stage of the process, any variances, or design or submission waivers necessary for the applicant to develop the proposed development.
(2) The municipal representatives at the preapplication conference shall be designated, except as otherwise indicated, by the Director of the Department of Community Development and shall include the administrative officer and a representative of the Mayor designated by the Mayor, and may include:
(a) The Municipal Engineer;
(b) The Municipal Planner;
(c) The Municipal Construction Official;
(d) The Municipal Zoning Officer;
(e) Representatives from the Planning Board and/or the Zoning Board of Adjustment; and
(f) Representatives from the Municipal Environmental, Historic Preservation, and/or other Commissions.
(3) A request for a preapplication conference shall be made in writing and shall include a project description, a tax lot and block designation of the site in question, a concept plan and such additional information as may be reasonably requested by the Director of the Department of Community Development. The Director of the Department of Community Development shall schedule a preapplication conference within 15 days of receipt of such request.
(4) The applicant shall not be required to pay a fee for the preapplication conference; provided, however, that the applicant shall post an escrow fee pursuant to Article XII of this chapter to cover the costs of attendance at the preapplication conference of professional consultants not employed by the Township. If requested and paid for by the applicant, a brief written summary of the preapplication conference shall be prepared by the Department of Community Development and provided to the applicant within 15 working days after the final meeting. The fee for such summary shall be that set forth in Article XII of this chapter.
(5) Neither the approving board, the applicant, nor any other participant in the preapplication meeting shall be bound by the determination of the preapplication process.
B. Concept plan review.
(1) In addition, or as an alternative, to the preapplication conference, at the request of the applicant, the Planning Board, or a subcommittee thereof, shall meet with the applicant for an informal review of a concept plan for development for which the applicant intends to prepare and submit an application for development to the Planning Board. The purpose of the concept plan is to provide Planning Board input in the formative stages of subdivision and site plan design.
(2) A request to meet with the Planning Board for an informal concept plan review shall be made in writing and shall include a project description, a tax lot and block designation of the site in question, the concept plan and such additional information as may be reasonably requested by the Director of the Department of Community Development.
(3) A brief written summary of the concept plan review shall be prepared by the Department of Community Development and provided to the Planning Board members and the applicant.
(4) The applicant shall be charged the fee for concept plan review set forth in Article XII hereof. The amount of such fee shall be a credit towards fees or charges otherwise payable under Article XII for the review of the application for development.
(5) The applicant shall not be bound by any conceptual plan for which review is requested, nor shall the Planning Board, or any subcommittee thereof, be bound by any such review. The Planning Board shall require public and personal notice of the conceptual plan review meeting in the same manner as that required by § 250-13H hereof. [Amended 11-2-1992 by Ord. No. 42-92]
A. Assignment. Upon submission of an application for development and as a part of the completeness determination described in Subsection D hereof, the administrative officer shall determine, to the extent practicable, approvals required and the appropriate Board for hearing an application for development. The administrative officer's determination shall be presumed to be correct; provided, however, that nothing contained herein shall preclude the administrative officer from determining, subsequent to a completeness certification and based upon a continuing planning and engineering review of an application for development, that additional approvals are necessary to develop the property in question in the manner proposed by the applicant. The following applications may be filed:
(1) Exempt subdivision.
(2) Minor subdivision.
(3) Preliminary major subdivision.
(4) Final major subdivision.
(5) Minor site plan.
(6) Preliminary major site plan.
(7) Final major site plan.
(8) General development plan approval.
(9) Conditional use.
(10) Relief pursuant to N.J.S.A. 40:55D-70a.
(11) Relief pursuant to N.J.S.A. 40:55D-70b.
(12) Relief pursuant to N.J.S.A. 40:55D-70c.
(13) Relief pursuant to N.J.S.A. 40:55D-70d.
(14) Direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
B. Combination of actions. Certain applications for development may involve a combination of actions; provided, however, that the applicant shall not file an application for final subdivision or site plan approval prior to the granting of the related preliminary approval.
C. Ancillary Board jurisdiction. In the event that the application for development requires relief from the Planning Board pursuant to § 250-8G(7) of this chapter, or relief from the Zoning Board of Adjustment pursuant to § 250-9G(9) of this chapter, the developer may elect to submit a separate application requesting approval of the variance or direction for the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall precede and be conditioned upon a grant of all required subsequent approvals by the approving board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purposes of the zoning plan and this chapter. In the case of relief requested from the Zoning Board of Adjustment pursuant to § 250-9G(9) of this chapter and notwithstanding the provisions of § 250-9G(5), the number of votes of Board members required to grant such subsequent approval shall be as otherwise provided in these ordinances. Notwithstanding any other provision of this chapter to the contrary, any application for development requiring the granting of a variance shall be acted upon by the approving board within 120 days of the certification of the application as a complete application, or such further time period as may be consented to by the applicant.
D. Content. An application for development shall include the information specified in Appendix A which constitutes the checklist of items to be submitted for review by the approving board of each type of application and referred to in N.J.S.A. 40:55D-10.3. A copy of the relevant checklist shall be completed and signed by the applicant, and submitted with the application for development.
E. Environmental impact statement. An environmental impact statement (EIS) shall accompany all applications so noted in Appendix A of this chapter, and shall include the information needed to evaluate the effects of the proposed development upon the environment. An environmental impact statement as required herein shall also be submitted for all public or quasi-public projects unless such are exempt by supervening county, state or federal law. An environmental impact statement shall include, at a minimum, the following:
(1) Project description. A description of the proposed project including information and technical data adequate to permit a careful assessment of environmental impact, including:
(a) Reason for the project;
(b) The recommended or favored alternative mapped and/or described;
(c) Parks, recreational sites, wildlife, refuges and historic sites mapped and described;
(d) Existing land use, zoning and master plan delineation of project area mapped and described;
(e) Ambient environmental conditions mapped and described;
(f) A listing of all licenses, permits or other approvals as required by law and the status of each.
(2) Investigation and identification of environmental impacts. The probable impact of the proposed project on the environment, including impact on ecological systems such as wildlife, fish and marine life, involving any probable adverse environmental effects which cannot be avoided with respect to:
(a) Water quality;
(b) Air quality;
(c) Noise;
(e) Damage or destruction of significant plant or wildlife systems;
(f) Aesthetic values;
(g) Destruction of natural resources such as wetlands, coastal areas, floodplains, air quality, water resources, topography and geological features;
(h) Destruction of man-made resources, including historic and archaeological sites.
(3) Mitigating measures. A thorough discussion of the steps to be taken before, during and after construction of the project, to minimize the adverse environmental effects as described in Subsection E(2) of this section, including the effect on the rules, regulations, and standards promulgated under state and/or federal environmental statutes.
(4) Project alternatives. Alternatives to the proposed project, including:
(a) That of no project;
(b) Description of alternative designs with an objective evaluation of the alternatives that might avoid some or all of the adverse environmental effects with the rationale for acceptability or nonacceptability of each alternative.
(c) An analysis of the cost and social impact of the alternatives, including construction problems and traffic services.
(5) Irreversible and irretrievable commitment of resources. A quantifiable identification of any irreversible and irretrievable commitments of resources which would be involved in the implementation of the project.
(6) Relationship between short-term and long-term uses of the environment. The relationship between local short-term uses of the site and the maintenance and enhancement of long-term productivity, assessing the project for cumulative long-term effects from the perspective that each generation is a trustee of the environment for future generations.
F. Community impact statement. All applications so noted in Appendix A of this chapter shall be accompanied by a community impact statement analyzing the proposed development and its expected impacts upon existing municipal facilities and services. The community impact statement shall indicate why, in the applicant's opinion, the proposed development is in the public interest, as well as providing data and opinions concerning the following specific items:
(1) Population impact. An analysis of the number of people expected to be added to the municipal population as a result of the proposed development according to the following age cohorts: preschool-aged children, school-aged children, parents of family-bearing age, middle-aged adults and retired people.
(2) School impact. An analysis of the anticipated number of pupils who will be added to the student population in the municipality and the ability of the existing public school facilities to absorb the expected student population during a ten-year time period. Should expanded or new school facilities and/or increased teaching staff be required, the expected cost for such additions shall be specified.
(3) Facilities impact. An analysis of the existing facilities available to serve the proposed development and the impact of the development upon the facilities, including the adequacy of existing public water facilities; public sewerage facilities; recreational facilities; and library facilities. Should such facilities be determined inadequate to serve the proposed development, the remedies, either expected or proposed by the applicant, shall be indicated along with the estimated costs for such additional facilities and who, in the opinion of the applicant, should pay for them.
(4) Services impact. An analysis of the existing services provided by the municipality to serve the proposed development and the impact of the development upon services, including police protection, fire protection, solid waste disposal, and street maintenance services.
(5) Traffic impact. An analysis of the existing road network available to serve the proposed development as well as the proposed road network within the development itself and the surrounding road network which will be affected by the proposed development, including the capacity of the existing and proposed roadways, the anticipated traffic volumes as a result of the proposed development as well as the increase in traffic volumes expected from other developments within the area; and any problem spots in the overall road network, including unsafe intersections, turns or grades.
(6) Financial impact. An analysis of the revenues expected to be generated from the development compared to the anticipated costs which the proposed development is expected to generate. Revenues and costs shall be shown for the municipality, the municipal school systems and the county.
G. Certification of complete application.
(1) An application for development shall be complete for purposes of commencing the applicable time period for action by the approving board when so certified by the administrative officer. In the event that the administrative officer does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless:
(a) The application lacks any of the information indicated on the checklist of items to be submitted which is set forth in Appendix A hereof; and
(b) The administrative officer has notified the applicant in writing of the deficiencies in the application within 45 days of the date of submission of the application.
(2) The applicant may request, in writing, that one or more of the submission requirements set forth in Appendix A may be waived, in which event the approving board shall grant or deny the request within 45 days of the date of its submission. Such request shall be accompanied by an explanation setting forth the facts and circumstances justifying the granting of the waiver so requested.
(3) Nothing set forth herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The approving board may subsequently require correction of any information found to be in error, and the submission of additional information not specified herein or in Appendix A, or any revision in the documents accompanying the application for development as is reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been satisfied. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the approving board.
(4) The applicant may appeal the administrative officer's decision concerning completeness of an application to the approving board. The approving board shall have 45 days after receipt of a written appeal to determine if the application is complete. The board shall affirm, modify or reverse the decision of the administrative officer.
H. Notice requirements for hearings. Whenever a hearing is required with respect to an application for development pursuant to Article IV of this chapter, the applicant shall give notice thereof in accordance with the provisions of N.J.S.A. 40:55D-12. [Amended 11-2-1992 by Ord. No. 42-92]
I. Decisions.
(1) Each decision on any application for development shall be reduced to writing and shall include findings of fact and conclusions based thereon through a resolution adopted at a meeting held within the time period provided in this chapter for action by the municipal agency on the application for development, or a memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Such resolution shall be adopted by vote of a majority of the members of the municipal agency who voted for the action taken. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above and shall be adopted by vote of a majority of the members of the municipal agency who voted against the motion for approval. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency. However, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings, and publications required by Subsections I(2) and (3) below.
(2) A copy of the decision shall be mailed by the administrative officer within 10 days of the date of decision to the applicant, or if represented, then to his attorney without a separate charge. A copy of this decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by § 250-104 of this chapter for such service. A copy of the decision shall also be filed in the office of the administrative officer, who shall make a copy of such filed decision available to any interested party upon payment of the aforesaid fee. A copy of the decision shall be available for public inspection at the office of the administrative officer during regular municipal business hours.
(3) A brief notice of the decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the applicant and an affidavit of publication shall be filed with the Board; provided, however, that, if the applicant, in the case of the denial of an application for development, fails to so arrange for such publication, then the Secretary of the Board shall arrange for such publication.
J. Payment of taxes. Every application for development submitted to the Planning Board or Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application.
K. Waiver of standards. The approving board, when acting upon an application for minor subdivision, preliminary subdivision, or preliminary site plan approval, shall have the power to grant such exceptions from the design standards set forth in Article X as may be reasonable and within the general purpose and intent of the provisions of this chapter if the literal enforcement of one or more of such provisions is impracticable or will exact undue hardship upon the applicant because of peculiar conditions pertaining to the land which is the subject of the application for development.
L. Simultaneous review. The approving board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the approving board or the approving board being required to hold further hearings. The longest time period for action by the approving board, whether it be for subdivision, conditional use, site plan or variance approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing with respect to the application for development shall include reference to the request for such conditional use.
M. A tree removal plan and report shall accompany all applications and shall include the following information needed to evaluate the impact of tree removal upon the proposed development: [Added 6-27-2006 by Ord. No. 28-2006]
(1) Location on the property of all trees, specifically indicating the following:
(a) The plan shall indicate all tree(s) to be removed, specifically by an assigned number and the caliper of each tree.
(b) The plan shall indicate all tree(s) to remain and proposed replacement trees, specifically by an assigned number.
(2) In lieu of Subsection M(1)(a) and (b) for any clearing greater than three acres, or where determined to be appropriate by the Conservation Officer for any clearing of less than three acres where the property is heavily wooded, a representative 5% sampling of the wooded areas proposed to be cleared shall be inventoried. The representative 5% shall be determined by agreement between the Conservation Officer and the applicant, provided that all specimen trees shall be indicated on the plan.
(3) All reasonable efforts shall be made to preserve specimen trees, including but not limited to, if feasible, relocation of infrastructure, roadways and buildings. Removal of specimen trees shall require the specific written recommendation of the Conservation Officer to the Board and approval of the Township Council.
(4) The plan shall indicate a limit of disturbance line (i.e., where a four-foot-high standard wood snow fence will be erected by the Conservation Officer).
