[Amended 1-7-1977 by Ord. No. 853]
The purpose of this chapter is to establish
regulations, requirements and standards for the subdivision and development
of land in said Township, for the making of subdivision plats or maps
(hereinafter referred to as "plats") and site plans and for the official
approval of the same by the municipal agency of the Township, in order
to promote the public health, safety, convenience and general welfare
of the municipality, including the orderly growth and development
thereof.
[Amended 3-27-2023 by Ord. No. 8-2023]
Subdivision plats and site plans shall be reviewed
and processed by the municipal agency, with the assistance of such
staff as may be provided for by Township Council, in accordance with
the regulations, requirements and standards contained in the Municipal
Land Use Law (MLUL)[1] and herein; administration and enforcement after approval
by the municipal agency shall be the responsibility of the Township
Manager. Minor rules of procedure, not inconsistent with law or this
chapter, may be adopted by the municipal agency from time to time
to facilitate the performance of its duties with respect to the subdivision
and development of land and the approval of plats and site plans.
Such rules may be amended or repealed at the discretion of said agency.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
No person shall cause to be filed in the office of
the County Clerk of the County of Burlington or submit for such filing
any plat of a subdivision (as defined in this chapter) that shall
not have been approved by the municipal agency and an endorsement
of such approval placed upon the plat and such endorsement signed
by the Chairman and Secretary and the date of endorsement placed thereunder.
B.
Such approval shall be given by resolution, which
shall set forth also any conditions that must be complied with by
the owner before the approval shall become effective and the endorsement
of approval be placed upon the plat.
[1]
Editor's Note: Former § 158-5, Form of endorsement
by municipal agency, was repealed 3-27-2023 by Ord. No. 8-2023.
[Amended 3-27-2023 by Ord. No. 8-2023]
Prior to the preparation of the subdivision or a site plan for
land development and the submission of the same the applicant shall
file with the Land Use Administrator a written application for initial
consideration of the proposed subdivision or land development and
for consideration, in due course, of the plat or site plan, when submitted
for approval. Such application shall be made on the form prescribed
and furnished by the Township, shall be signed by the owner or agent,
and shall give the information and data called for with respect to
the proposed subdivision or land development as indicated in the application.
The Land Use Administrator shall submit said information and data
to the Board professionals and the Board members for review. The application
will be scheduled for a public hearing as required by the Municipal
Land Use Law.[1] Municipal projects are exempt for site plan review by
the Planning Board.[2]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: Former § 158-6.1, Written application
for consideration of proposed land development for all conservation
design subdivisions: five acres or more in R-1 and R-1-A Districts
and three acres or more in R-2 District, added 9-22-2008 by Ord. No.
22-2008, which immediately followed this section, was repealed 3-27-2023
by Ord. No. 8-2023.
[Amended 10-22-1990 by Ord. No. 1546-90]
A.
No subdivision plat or site plan shall be submitted
to the Planning Board for review unless such plat or site plan:
[Amended 9-28-1998 by Ord. No. 1867-98]
(2)
Shall be certified by the Land Use Administrator as
being complete in accordance with N.J.S.A. 40:55D-1 et seq.
[Amended 3-27-2023 by Ord. No. 8-2023]
(3)
Shall be signed by the owner of the subject land.
(4)
Shall be accompanied by a plan of the improvements
to be constructed and installed by the owner on and under the surface
of any streets, easements or rights-of-way delineated on the plat
or site plan.
(5)
If the land shown on the plat abuts a county road
or highway, shall be accompanied by written evidence that an application
has been submitted for review to the Planning Board of the County
of Burlington.
(6)
If the land shown on the plat contains or is within
25 feet of a one-hundred-year floodplain or of a bank of a stream,
shall be accompanied by proof that a request for a N.J.D.E.P. verification
of wetlands (letter of interpretation) has been made, and by a plan
based on close inspection, field survey or other appropriate method
which shall show:
[Amended 2-28-2000 by Ord. No. 1914-00]
(7)
Shall be consistent with design plans for streetscape
project areas constructed or planned for construction.
[Added 5-13-2002 by Ord. No. 2001-02]
B.
Checklists for applications for land development.
(1)
Before any application for development is certified complete under § 158-7A(2) of this Code, the applicant shall provide all of the information indicated on the following checklist, a copy of which will be given to the applicant for use in preparing the application.
(2)
If information indicated on the checklist is not applicable
to the particular application about to be made, such information may
be omitted and noted on the checklist as nonapplicable.
(3)
The date for hearing by the reviewing authority shall
be set by the municipality after it has determined that the application
is complete.
[Added 9-22-2008 by Ord. No. 22-2008; amended 3-27-2023 by Ord. No. 8-2023]
A.
All preliminary and final major subdivision or major
site plan reviews shall be referred to, reviewed, and approved or
disapproved by the Planning Board in accordance with the procedures
specified in this article, the Municipal Land Use Law[1] and in other sections of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Applicability. A concept plan may be submitted but is not required
for all proposed minor or major subdivisions and site plans. Such
plans are for informal discussion only. Submission of a concept plan
does not constitute formal filing of a plan with the municipality,
and shall not commence the statutory review period as required by
the Municipal Land Use Law.[2] The applicant may submit a conceptual design to the Land
Use Administrator for review by the applicable Land Use Board professionals
for comment. The fee for a conceptual review with the Board professionals
is $1,500.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
The developer shall not be bound by any concept plan/sketch plan
for which the review is requested, and the Planning Board shall not
be bound by any such review.
[1]
Editor's Note: This ordinance also repealed former § 158-7.3,
Sketch plan review by the Planning Board, added 9-22-2008 by Ord. No.
22-2008, which immediately followed this section.
[Amended 6-9-1980 by Ord. No. 1036; 3-27-2023 by Ord. No. 8-2023]
A.
The Planning Board or Zoning Board of Adjustment, as the case may
be, shall hold a hearing on each application for development, amendments,
and revisions. The Planning Board shall hold a hearing for the adoption
of the Master Plan or Zoning Ordinance. Each Board shall make the
rules governing such hearings.
B.
Any maps and documents for which approval is sought at a hearing
shall be on file with the Land Use Administrator and available for
public inspection during normal business hours at not less than 10
calendar days before the date of the hearing. If maps or documents
are to be revised as a result of any Planning or Zoning Board meeting,
or professional comments, the appropriate number of copies shall be
filed with revision date noted on same, prior to the meeting of the
Planning or Zoning Board at which discussion and/or hearing is scheduled
to take place.
C.
Other documents, records or testimony may be presented at the hearing
to substantiate or clarify or supplement the previously filed maps
and documents, at the discretion of the Board.
D.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer,
and the right of cross-examination shall be permitted to all interested
parties through their attorneys, if represented, or directly, if not
represented, subject to the discretion of the presiding officer and
to reasonable limitations as to time and number of witnesses.
E.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.[1]
[1]
Editor's Note: Former §§ 158-8.1, Four-step
design process for tracts five acres or more in the R-1 and R-1-A
Districts and tracts three acres or more in R-2 Districts, and 158-8.2,
Preliminary conservation area ownership and management plan, added 9-22-2008 by Ord. No.
22-2008, which immediately followed this section,
were repealed 9-13-2021 by Ord. No. 30-2021.
[Added 3-27-2023 by Ord. No. 8-2023]
The following public notice requirements shall apply to all
hearings of the Planning Board and Zoning Board of Adjustment.
A.
Notice required. Public notice of a hearing shall be given for development
applications requesting the following:
(1)
General Development Plan (GDP) approval;
(2)
Variance (N.J.S.A. 40:55D-70);
(3)
Preliminary major subdivision plan approval;
(4)
Final major subdivision plan;
(5)
Preliminary major site plan approval;
(6)
Final Major site plan;
(7)
Minor site plan, with variances, approval;
(8)
Conditional use approval;
(9)
Interpretation of the Zoning Ordinance or Zoning Map;
(10)
Request for a certificate of nonconforming use (N.J.S.A. 40:55D-68);
(11)
Master Plan amendment and adoption of elements of the Master
Plan;
(12)
Any subdivision plan approval involving a variance, conditional
use permit or certificate of nonconformity; and
(13)
Minor subdivision with variances.
B.
No notice required. Public notice shall not be required for the following
applications:
As a condition of the final approval of any
plat of a subdivision or of a site plan (if applicable), the municipal
agency shall require the following:
A.
The submission of evidence satisfactory to the municipal
agency that the owner of the land lying within the side lines of all
new streets, roads, avenues and easements shown on the plat is the
sole owner thereof and holds an absolute estate in fee simple therein.
B.
Bond; performance guaranty.
[Amended 3-27-2023 by Ord. No. 8-2023]
(1)
The delivery to the Township of a bond, with a surety corporation
which complies with the standards or requirements of acceptable surety
corporations established by the State of New Jersey or with cash or
cash equivalent in form approved by the Township Attorney, duly executed
as principal by the owner of the land shown on the plat and by the
corporate surety (if applicable) and conditioned for the proper and
complete construction and installation by the principal, at the cost
and expense of the principal, and within such reasonable period of
time as the Planning Board or Zoning Board of Adjustment shall determine.
The Township requires that 10% of the bond amount be posted in cash.
The guarantees shall include all the improvements as shown on the
approved plans or plat and as outlined in N.J.S.A. 40:55D-53 et seq.
The Township requires that the performance guarantee include the perimeter
buffer landscaping per N.J.S.A. 40:55D-53, Subdivision 1(b), and a
safety and stabilization guarantee as a line item in the performance
guarantee as stated in N.J.S.A. 40:55D-53, Subdivision 1(d). The applicant
shall first submit to the Township an itemized breakdown of the estimated
costs of the construction and installation of required improvements,
prepared by a licensed professional engineer, who shall seal and sign
his or her name to the estimate. The amount of such bond shall be
equal to the total estimated costs of the construction and installation
of such improvements, as verified and approved by the Planning Board
or Zoning Board of Adjustment Engineer, plus 20% of said total as
assurance to the Township for possible increase of costs and all expenses
incurred by the Township in the event of bond default, including legal
and court costs to protect the Township's rights under the bond.
An inspection escrow shall be established with the Township in accordance
with N.J.S.A. 40:55D-53 et seq. In cases where there is a successor
developer which has replaced the original developer, the successor
developer must provide a replacement guarantee for the project as
well as the required inspection escrow.
(2)
The surety bond shall make provision also for retention of 15% of
the full amount of the bond to assure maintenance of the required
improvements for a period of two years after the date of completion
of all improvements by the developer. Upon the satisfactory completion
of all required improvements, the Township Council may authorize reduction
in the amount of the performance guaranty upon receipt of a two-year
maintenance bond as to those improvements then completed and accepted
or a two-year maintenance bond as to all improvements running from
the date of acceptance of all improvements, which bond shall have
first been approved by the Township Attorney. Sewer and water utilities
and streetlights may be accepted independently of streets, upon receipt
of separate easements for those utilities and lights, but acceptance
of said utilities and lights shall under no circumstances be construed
to constitute acceptance of the streets.
C.
The submission of evidence satisfactory to the municipal agency of approval by the Planning Board of the County of Burlington of the application submitted pursuant to § 158-7A(5) of this chapter.
D.
The submission of evidence of the publication of notice
required to be published under N.J.S.A. 40:55D-10i.
E.
The submission of proof that no municipal taxes or
assessments for local improvements are due or delinquent.
F.
Off-tract improvements.
[Added 11-30-1998 by Ord. No. 1868-98]
(1)
When required. Whenever an application for development
requires the construction of off-tract improvements that are clearly,
directly and substantially related to or necessitated by the proposed
development, the Planning Board or Zoning Board of Adjustment, as
the case may be, shall provide as a condition of final site plan or
subdivision approval that the applicant shall pay the pro rata share
of such off-tract improvements. Off-tract improvements shall include
water, sanitary sewer, drainage and street improvements, including
such easements as are necessary, or as may otherwise be permitted
by law. The applicant shall either install the off-tract improvements
or pay the pro rata cost to the Township, at the sole discretion of
the municipality.
(2)
Determination of cost. When off-tract improvements
are required, the Planning Board or Zoning Board of Adjustment Engineer
shall calculate the cost of such improvements in accordance with the
procedures for determining performance guaranty amounts in N.J.S.A.
40:55D-53.4. Such costs may include but not be limited to any or all
costs of planning, surveying, permit acquisition, design, specification,
property and easement acquisition, bidding, construction, construction
management, inspection, legal and other common and necessary costs
for the construction of improvements. The Planning Board or Zoning
Board of Adjustment Engineer shall also determine the percentage of
off-tract improvements that are attributable to the applicant's
development proposal and shall expeditiously report the findings to
the board of jurisdiction and the applicant.
[Amended 3-27-2023 by Ord. No. 8-2023]
(3)
Improvements required solely for applicant's development.
Where the need for an off-tract improvement is necessitated by the
proposed development and no other property owners receive a special
benefit thereby, or where no planned capital improvement by a governmental
entity is contemplated, or the improvement is required to meet the
minimum standard of the approving authority, the applicant shall be
solely responsible for the cost and installation of the required off-tract
improvements.
(4)
Improvements required for applicant's development and benefitting others. Where the off-tract improvement would provide capacity in infrastructure in excess of the requirements in Subsection F(3), above, the applicant shall be eligible for partial reimbursement of costs for providing such excess. The calculation of excess shall be based on an appropriate and recognized standard for the off-tract improvement being constructed, including but not limited to gallonage, cubic feet per second and number of vehicles. Nothing herein shall be construed to prevent a different standard from being agreed to by the applicant and the Township Engineer. The process, procedures and calculation used in the determination of off-tract costs shall be memorialized in a municipal developer's agreement to be reviewed and approved by the Township Attorney who may request advice and assistance from the Planning Board Attorney. Future developers benefitting from the excess capacity provided by the initial developer shall be assessed their pro rata share of off-tract improvement cost based on the same calculation used in the initial calculation. Such future developers shall pay their assessment, plus a 2% administration fee, to the Township, not to exceed $2,000, at the time of the signing of the final plat or final site plan as a condition precedent to such signing. The Township shall forward the assessment payment to the initial developer within 90 days of such payment.
(5)
Performance guaranty. The applicant shall be required to provide, as a condition of final approval, a performance guaranty for the off-tract improvements in accordance with N.J.S.A. 40:55D-53 and § 158-9B, above.
(6)
Certification of costs. Once the required off-tract
improvements are installed and the performance bond released, the
developer shall provide a certification to the Township Engineer of
the actual costs of the installation. The Township Engineer shall
review the certification of costs and shall either accept them, reject
them or conditionally accept them. In the review of costs, the Township
Engineer shall have the right to receive copies of invoices from the
developer sufficient to substantiate the certification. Failure of
the developer to provide such invoices within 30 days of the Township
Engineer's request shall constitute forfeiture of the right of future
reimbursement for improvements that benefit others.
(7)
Time limit for reimbursement. Notwithstanding any
other provision to the contrary, no reimbursement for the construction
of off-tract improvements providing excess capacity shall be made
after 10 years has elapsed from the date of the acceptance of the
certification of costs by the Township Engineer.
A.
In the event that the Land Use Administration determines, with respect to any plat or application for subdivision submitted to it, that such plat or application does not show more than five new lots, that no new street is involved, that no off-tract improvements are required, that the proposed subdivision will not interfere with the proper subdivision and development of the adjacent lands and that the appropriate provisions of Article IV are complied with, the municipal agency is authorized but not required to approve by resolution said application as a minor subdivision.
[Amended 6-13-2011 by Ord. No. 15-2011; 3-27-2023 by Ord. No. 8-2023]
C.
The transfer of title to one or more adjoining lots,
tracts or parcels of land owned by the same person or persons shall
not constitute a subdivision of land if said lots, tracts or parcels
all conform to the requirements of the appropriate provisions of this
chapter and the Moorestown Township Zoning Ordinance[2] and regulations issued thereunder and are shown and designated
as separate lots, tracts or parcels on the Township Tax Maps.
A.
The regulations, requirements and standards contained
in this chapter constitute the minimum requirements for the protection
of the public health, safety, convenience and welfare, as affected
by the subdivision and development of lands, of the inhabitants of
the Township; and the municipal agency shall give primary consideration
to such fact in deciding upon all action taken by it under this chapter;
provided, however, that if the applicant can demonstrate to the municipal
agency that, because of peculiar conditions pertaining to the land
proposed to be subdivided or developed, the literal enforcement of
one or more of said regulations, requirements and standards is impractical
or will result in undue hardship, the municipal agency may waive such
provisions as will be reasonable and within the general purpose and
intent of said regulations, requirements and standards established
by this chapter.
B.
In any case of peculiar conditions pertaining to the
land proposed to be subdivided, if the minimum standards herein provided
are determined by the municipal agency to be inadequate for the protection
of the public health, safety, convenience and welfare, then the agency
may require compliance with such additional standards as it deems
reasonable and within the general purpose and intent of this chapter.
C.
The waiver of sewer connection requirements (under § 158-24 hereof or under § 158-10 hereof) shall be subject to the following:
[Amended 11-25-1991 by Ord. No. 1595-91]
(1)
An engineering report shall be submitted indicating
that all proposed lots can meet the standards established in N.J.A.C.
7:9A-1.1 to 7:9A-12.8 for individual subsurface sewage disposal systems.
The report shall be subject to the approval of the Township Engineer
and shall include the results of all soil evaluation and testing according
to N.J.A.C. 7:9A-1.1 to 7:9A-12.8.
(2)
Said waiver shall not be granted for the construction
or alteration of an individual subsurface sewage disposal system where
a sanitary sewer line is available within 100 feet of the property
to be served.
(3)
Said waiver shall not be granted to any lot less than
1.5 acres in area. Lots existing as of September 1, 1991, and having
less than 1.5 acres in area may be granted a waiver if a pressure-dosing
system can be designed for that lot in conformance with N.J.A.C. 7:9A-1.1
to 7:9A-12.8.
(4)
In all cases where plans are available indicating
the location of future sewer line extensions to serve the lot or lots
involved, the individual system shall be designed to connect with
said sewer lines and shall provide capped sewer laterals to be installed
extending to the location of future sewer mains.[1]
[1]
Editor's Note: Former Subsection C(5), prohibiting
garbage disposal units, which followed this subsection was repealed
7-28-2003 by Ord. No. 17-2003.
[Amended 3-13-1989 by Ord. No. 1463-89; 4-3-2006 by Ord. No. 6-2006]
Unless specifically set forth within any subsection of this chapter, penalties shall be in accordance with Chapter 66 of the Code of the Township of Moorestown.
In accordance with N.J.S.A. 40:55D-26, all applications
for subdivisions (plats) and land developments (site plans) submitted
to the Zoning Board of Adjustment in accordance with N.J.S.A. 40:55D-76b
shall be referred to the Planning Board for review and recommendation.
Such references shall not extend the time for action by the Board
of Adjustment, which Board shall state by what date a report shall
be rendered. Whenever the Planning Board shall have made a recommendation,
such recommendation may be rejected by the Zoning Board of Adjustment
only by a majority of the full authorized membership.
A.
General.
[Amended 6-14-1984 by Ord. No. 1218; 5-12-1986 by Ord. No.
1309; 4-30-2007 by Ord. No. 14-2007]
(1)
Application fees as set forth below are nonrefundable
and are to cover the administrative costs incurred by the Township
in processing applications. Application fees shall be submitted with
the application and paid in full prior to certification of a complete
application.
(2)
The escrow accounts are to pay the cost of Tax Map
revisions and professional review by the Township Engineer, Planning
Board Engineer, Zoning Board of Adjustment Engineer, Township Municipal
Agency Attorneys, planning consultant, landscaping consultant, traffic
engineers and other professionals employed to review and make recommendations
on an application for development. The applicant shall be charged
an amount equal to the expenditures made by the Township for professional
services rendered to the Township in reviewing the application.
[Amended 3-27-2023 by Ord. No. 8-2023]
(3)
At the time of submitting an application to the Department
of Community Development, the applicant shall be required to submit
the escrow and execute an escrow agreement to cover all necessary
and reasonable costs incurred by the municipal review agency during
the review of the application on a form as approved by the Township
Attorney. The amounts specified for escrow are estimates which shall
be paid in full prior to certification of a complete application.
In the event that more than the amounts specified for escrow are required
to pay the reasonable costs incurred, the applicant shall, upon written
demand of the Department of Community Development, pay into the escrow
all additional sums required. All costs incurred shall be reimbursed
by the applicant whether the application is approved or denied.
(4)
In the event that the amounts posted are more than
those required, the excess funds shall be returned to the applicant
within 45 days of the determination by the Director of Community Development
and the Comptroller that all amounts to be paid pursuant to the escrow
have, in fact, been paid.
(5)
The Department of Finance shall maintain an itemized
account for each application and shall periodically advise the Department
of Community Development of the balance of all escrow accounts.
(6)
It shall be the obligation of the Department of Community
Development to notify the applicant of the amounts needed. In addition
to these terms, the escrow agreement may include any additional terms
which are agreed to by the applicant and the municipal agency.
B.
Schedule of fees and escrows.
[Amended 6-9-1980 by Ord. No. 1036; 6-14-1984 by Ord. No. 1218; 5-12-1986 by Ord. No. 1309; 11-26-1990 by Ord. No.
1553-90; 4-5-1993 by Ord. No. 1648-93; 7-28-1997 by Ord. No.
1832-97; 12-9-2002 by Ord. No. 2023-02; 4-30-2007 by Ord. No.
14-2007; 3-11-2013 by Ord. No. 2-2013; 5-4-2015 by Ord. No. 4-2015; 3-8-2021 by Ord. No. 8-2021]
F.
All improvements and utility installations shall be
inspected during the time of their installation under the supervision
of the Township Engineer to ensure satisfactory completion. The cost
of said inspection shall be the responsibility of the owner and he
shall deposit with the Township Director of Community Development,
for placement in an escrow account, a sum equal to 6% of the amount
of the cost of all required improvements. If inspection costs exceed
such fund, the owner shall deposit such additional sums as are required
by the Township Director of Community Development. The Township shall
return any balance of the inspection escrow to the owner upon expiration
of the maintenance bond. In no event shall the escrow account contain
less than 25% of the original inspection escrow.
[Amended 7-9-1990 by Ord. No. 1537-90]
G.
In the event of any other expenses to the Township
occasioned by virtue of an application for approval of a subdivision
or land development, the developer shall be charged the equivalent
of the actual cost to the Township in the case of services provided
to the Township on a fee basis; in the case of services provided directly
by the Township, the developer shall be charged an amount equal to
the cost for said work as estimated by the Township Manager, said
estimates to include an allowance for overhead expense.
H.
The payment for the inspection fee shall be due and
payable to the Township at the time of final approval of any plat
or site plan.
J.
In the event that an application shall be withdrawn
prior to approval and there are outstanding review fees in excess
of the balance in the escrow account, the Comptroller shall bill the
applicant for the amount of said excess. Such bills shall be due and
payable within 30 days from date of bill and, if not paid by the due
date, shall bear interest at the rate of 12% per annum or 1% in excess
of the discount rate on ninety-day commercial paper in effect at the
Federal Reserve Bank of New York 30 days after the date of billing,
whichever is less (but in no event less than 8% per annum), commencing
30 days after billing date.
[Amended 1-25-1982 by Ord. No. 1105; 2-13-1984 by Ord. No.
1198; 6-11-1984 by Ord. No. 1218]
K.
All payments due the Township under this section must
be paid prior to any release of any bond posted under this chapter.
[Amended 6-9-1980 by Ord. No. 1036; 3-27-2023 by Ord. No. 8-2023]
From the submission by the applicant of a complete application, as provided for in § 158-7A, to the Land Use Administrator, the municipal agency must, unless the applicant agrees to an extension, grant or deny approval within the following numbers of days:
A.
In the case of the Planning Board:
(5)
For a combined application:
(a)
For a conditional use approval and a site plan:
95 days.
(b)
For a subdivision plat and a conditional use
permit or site plan: the longest time period for action by the Planning
Board, whether it be for subdivision, conditional use or site plan
approval.
(c)
For a subdivision plat, site plan or conditional
use permit and certain zoning variances or direction of the issuance
of a permit for a building, not related to a street or in an area
designated on the Official Map for public acquisition or use: 95 days.
B.
In the case of the Zoning Board of Adjustment: 120
days.
[Added 7-28-1997 by Ord. No. 1831-97; amended 4-26-1999 by Ord. No. 1884-99; 3-27-2023 by Ord. No. 8-2023]
A.
Purpose. The purpose of a preliminary assessment is to identify the
presence of any potentially contaminated areas of concern, through
a diligent inquiry into the current and historic use of the site.
A preliminary assessment is the first step in the process to determine
whether or not a site is contaminated. If any potentially contaminated
areas of concern are identified, then there is a need for a site investigation
pursuant to current NJDEP requirements (N.J.A.C. 7:26E-3).
B.
Requirement. Environmental assessments should provide a history of
the site, prior uses of the land, past and current owners, and the
potential pollution-related effects of such uses on the property,
in accordance with all NJDEP regulations (N.J.A.C. 7:26E-3) and guidance
pertaining to preliminary assessments. Such assessments must be conducted
or reviewed by a New Jersey licensed site remediation professional
(LSRP). The level of detail required for various types of applications
shall vary depending on the size of the project, the nature of the
site, and the location of the project. The flexibility of requirements
for such a document varies with the type of development, but requirements
are as outlined below:
(1)
All agricultural operations conducted in accordance with a plan
approved by the Camden County Soil Conservation District and all silviculture
operations conducted in accordance with a plan prepared by a professional
forester are specifically exempt from the submission of an environmental
assessment.
(2)
Any variance application to the Zoning Board of Adjustment not
involving a site plan or subdivision application shall not require
an environmental assessment, unless specifically requested by the
Board. The Board may request an environmental assessment, and the
scope of information needed, where there is a likelihood of environmental
hazards on the site in question or if there are existing or future
sensitive populations that could be affected by environmental hazards.
(3)
Any minor subdivision and/or minor site plan applications to
the Board shall not require an environmental impact statement, unless
specifically requested by the Board. The Board may request an environmental
impact statement where there exist significant critical areas or suspected
environmental hazard on the site in question. The Board or its designee
shall inform the applicant regarding any information that may be required.
(4)
All preliminary major subdivision and preliminary major site
plan applications shall be accompanied by an environmental assessment
as a completeness item.
(5)
All applications involving an existing or proposed child-care
center shall be accompanied by an environmental assessment, as a completeness
item. All child-care centers are required to obtain a no further action
determination from NJDEP in order to obtain or maintain a license
pursuant to N.J.S.A. 52:27D-130.4 and N.J.A.C. 10:122.[1]
[1]
Editor's Note: See now N.J.A.C. 3A:52.
(6)
Notwithstanding the categories of development that are excluded
from the requirement to submit an environmental assessment, the Planning
or Zoning Board may require the submission of environmental assessment
information that is reasonably necessary to make an informed decision
concerning potential impacts from suspected or known environmental
hazards.
C.
Contents of assessments.
(1)
A preliminary assessment report presents a history of ownership
and use of a property, from the time the site was naturally vegetated
or utilized as farmland in accordance with N.J.A.C. 7:26E-3.2. Site
history information can be obtained from records sources including,
but not limited to, the following: Sanborn Fire Insurance Maps; city
or industrial directories; title and deed; site plans and as-built
drawings; and federal, state, county and local government files. Information
necessary to make informed conclusions as to the environmental conditions
of a property can be gained by interviewing persons knowledgeable
of the site, such as owners and/or occupants, and by performing a
site inspection.
(2)
Unless a preliminary assessment is required by NJDEP regulation,
a Phase I Environmental Site Assessment prepared pursuant to ASTM
International Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process may be submitted in
lieu of a preliminary assessment provided that it generally satisfies
the requirements of N.J.A.C. 7:26E-3.
(3)
Although not specifically required by N.J.A.C. 7:26E-3, the
preliminary assessment shall also include a vapor encroachment screen
prepared pursuant to ASTM International Standard Guide for Vapor Encroachment
Screening on Property Involved in Real Estate Transactions (ASTM E2600-10
or as amended) and/or current NJDEP regulation or guidance. This screening
must include an evaluation of potential vapor encroachment from the
site in question and from potential off-site sources.
D.
Submission format.
(1)
The applicant shall submit three copies of the environmental
assessment to the Land Use Administrator. Each submission shall be
double-side copied with applicable maps and photos in color. An electronic
version of the report should be submitted in PDF format.
(2)
Although the preliminary assessment is to be prepared by an
LSRP, the preliminary assessment does not need to be submitted to
the NJDEP through the LSRP program unless required pursuant to NJDEP
regulations or other as a condition of any Planning or Zoning Board
approval. If required to be submitted to the NJDEP, the Land Use Administrator
shall be copied on all correspondence and documents.
E.
Waiver. All requests for waiver of requirements of the preliminary
assessment shall include justification for relieving the standards,
which shall be forwarded to the Land Use Administrator.
