A.
Review required.
(1)
All subdivisions and/or resubdivisions of land within Upper Deerfield Township, as defined in § 405-3 herein, shall be reviewed and approved by the Planning Board in accordance with provisions of this chapter.
(2)
Except as otherwise provided, no zoning or building permit shall
be issued for any building or use or any enlargement or alteration
of any building or use unless a site plan for said building or use
is first submitted to and approved by the Planning Board of the Township
of Upper Deerfield, and no certificate of occupancy shall be given
or remain valid unless all construction and site utilization conforms
to an approved site plan. This requirement shall pertain to all uses
and structures in all zoning districts, except that:
(a)
Site plans shall not be required for any single-family detached
dwelling; for permitted accessory uses to a single-family, detached
dwelling, such as a private garage or swimming pool; or permitted
accessory uses to a farm, such as barns, silos, farm offices, storage
sheds or related structures.
[Amended 1-19-1996 by Ord. No. 449]
(b)
Site plan review and approval will not be required in connection
with the alteration and repair of an existing structure or use when
the Zoning Officer determines that said alteration and/or repair:
B.
Application procedure.
(1)
Any applicant for subdivision or site plan review and approval shall obtain all necessary forms from the Planning Board administrative officer. Said officer shall inform the applicant of the steps to be taken in securing Planning Board action and of the regular meeting dates of the Board. Except as otherwise provided in § 405-71E of this chapter, an applicant seeking minor subdivision, major subdivision, and/or site plan review and approval, or a conditional use permit shall, with the knowledge of the Zoning Officer, submit a fully completed application form and appropriate number of plans or plats as indicated below, and all other data, material or information as set forth in § 405-76 of this chapter, to the Planning Board administrative officer at least 20 days prior to a regularly scheduled Planning Board meeting. Any application to the Planning Board for approval of a site plan or subdivision must also be filed not less than 20 days prior to any regularly scheduled meeting of the Planning Board. The following number of plats or plans shall be submitted with the appropriate application form:
[Amended 8-2-1990 by Ord. No. 360; 12-27-2007 by Ord. No. 604; 12-30-2009 by Ord. No. 649]
|
Type of Review
|
Number of Plats or Plans
| ||
|---|---|---|---|
|
Minor subdivision
|
6 copies of the plat
| ||
|
Major subdivision
| |||
|
Preliminary plat
|
12 copies
| ||
|
Final plat
|
10 paper copies and 2 linen or plastic copies
| ||
|
Minor site plan
|
10 copies
| ||
|
Major site plan
| |||
|
Preliminary
|
12 copies
| ||
|
Final
|
10 paper copies and 2 linen or plastic copies
| ||
(2)
The Planning Board shall determine, on the basis of advice from the
Municipal Engineer and the Board's administrative officer, that the
application is complete and properly submitted as of that date or
that the application is incomplete, in which latter case the developer
shall be notified in writing of the deficiencies therein by the Board
or the Board's designee for the determination of completeness within
45 days of his initial submission as to the additional materials required.
An amended application, together with any required revised site plan
or major subdivision plat, shall be submitted in the same manner as
the original application.
[Amended 12-27-2007 by Ord. No. 604]
C.
Initial approvals.
(1)
Minor subdivisions; site plans for conventional developments which
involve 10 acres of land or less and 10 dwelling units or less. Applications
for minor subdivision, as defined in this chapter, and for site plans
for conventional developments of 10 acres or less shall not be subject
to public hearing. Final approval in the case of minor subdivisions
and preliminary approval in the case of site plans for 10 acres or
less and 10 dwelling units or less shall be granted or denied within
45 days from the date an application is determined to be complete
or within such further time as may be consented to by the applicant.
Approval of a minor subdivision shall expire 190 days from the date
of Planning Board approval unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law, or a
deed clearly describing the approved minor subdivision, is filed by
the developer with the County Clerk, the Municipal Engineer and the
Municipal Tax Assessor. Copies filed with the Municipal Engineer and
Tax Assessor must show proof of filing with the County Clerk. Any
such plat or deed must be signed by the Chairman and Secretary of
the Upper Deerfield Township Planning Board before it will be accepted
for filing by the County Clerk.
(2)
Major subdivisions; site plans for conventional development which
involves more than 10 acres or more than 10 dwelling units; planned
developments.
(a)
Preliminary applications for major subdivision, site plans for conventional developments which involve more than 10 acres or more than 10 dwelling units or any planned development shall be subject to public hearing after notice properly given by the applicant as provided in § 405-78 of this chapter, and preliminary approval shall be granted or denied within 95 days from the date an application is determined to be complete or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the subdivision plat or site plan, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
(b)
In the event that preliminary approval of such a subdivision
or site plan is denied because of failure to comply with municipal
or regional development regulations, a notation to that effect, together
with the signature of the administrative officer of the Planning Board,
shall be placed on the plat, and reasons for the denial shall be stated
in the denial resolution.
(c)
Preliminary approval of a major subdivision, site plan or planned
development shall be granted by resolution, which shall set forth
any conditions that must be met, including required performance guaranties,
and plat changes that must be made precedent to final action. A notation
indicating preliminary approval shall be placed on each plat or plan,
said notation to clearly state that preliminary approval does not
authorize recording in the case of a subdivision nor the issuance
of a building permit in the case of a site plan, together with the
signature of the Chairman or Secretary of the Upper Deerfield Township
Planning Board.
(d)
Preliminary approval of a subdivision plat or site plan shall
confer upon the developer the following rights:
[1]
That the general terms and conditions on which approval was
granted shall not be changed for a three-year period from the date
of the preliminary approval, unless modified by ordinance with respect
to public health or public safety objectives.
[2]
That the developer may submit for final approval, on or before
the expiration date of preliminary approval, the whole or a section
or sections of the preliminary subdivision plat or site plan.
[3]
That the developer may apply for and the Planning Board may
grant an extension of one year or longer, as provided in N.J.S.A.
40:55D-49 of the Municipal Land Use Law.
D.
Final approval of site plans, major subdivisions and planned developments.
(1)
Except as otherwise provided in § 405-71E of this chapter, a developer seeking final approval of a major subdivision, site plan or planned development shall, with the knowledge of the zoning administrative officer, submit six paper prints of the final plan, together with originals and processed tracings as required by the Map Filing Law in the case of subdivisions, along with a completed application form, to the Planning Board administrative officer at least 10 days prior to a regularly scheduled Planning Board meeting.
(2)
The Planning Board, at its next regular meeting, shall determine,
on the basis of advice from the Municipal Engineer and the Board's
administrative officer, that the application is complete and properly
submitted as of that date, or that the application is incomplete or
in error, in which latter case the developer shall be advised, within
45 days of his initial submission for final approval, as to the additional
material or corrections required. An amended application, together
with any required revised plans, shall be submitted in the same manner
as the original application.
(3)
Final approval of a major subdivision site plan or planned development
shall be granted only after all requirements and conditions imposed
at the time of preliminary approval have been complied with. A notation
indicating approval shall be placed on each plat, together with the
signatures of the Chairman and Secretary of the Upper Deerfield Township
Planning Board.
(4)
An application for final approval shall be granted or denied within
45 days from the date it is determined to be complete or within such
further time as may be consented to by the applicant. Otherwise, the
Planning Board shall be deemed to have granted final approval, and
a certificate of the Planning Board administrative officer as to the
failure of the Planning Board to act shall be issued on request of
the applicant.
(5)
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the County Clerk. The Planning
Board, for good cause shown, may extend the period for recording for
an additional period, not to exceed 190 days from the date of signing
of the plat.
(6)
Final approval of a major subdivision, site plan or planned development
shall confer upon the developer the following rights:
(a)
Zoning requirements applicable to the preliminary approval first granted and all rights conferred upon the developer as set forth in Subsection C(2) of this section, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded in accordance with expiration provisions above set forth in this section. If the developer has followed the standards prescribed for final approval, and in the case of a major subdivision has duly recorded the plat as required herein, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to Subsection C(2) of this section for any portions granted final approval.
(b)
In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or a conventional subdivision or site plan of 150 acres or more, the Planning Board may extend the period of protection granted under Subsection D(6)(a) above, as provided in N.J.S.A. 40:55D-52.
A.
Recognizing that certain uses, activities and structures are necessary
to serve the needs and convenience of the Township and, at the same
time, recognizing that such uses may be or may become harmful to the
public health, safety and general welfare if located and operated
without proper consideration of existing conditions and character
of surrounding property, such uses are hereby designated "conditional
uses" and listed as such under the appropriate zone district contained
in the Schedule of District Regulations.[1] In addition to other powers conferred by this chapter,
the Planning Board shall have power to authorize the granting of a
permit for a conditional use after site plan approval, under other
terms and conditions established by this chapter and in accordance
with the following general stipulations and guidelines:
(1)
The use for which application is being made is specifically authorized
as a conditional use in the Schedule of District Regulations for the
district in which it is proposed.[2]
[2]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
(2)
The design, arrangement and nature of the particular use is such
that the public health, safety and welfare will be protected.
(3)
That reasonable consideration is afforded the character of the neighborhood
and the district, the conservation of property values, the avoidance
of congestion of vehicular traffic and the avoidance of any unnecessary
hazards.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
B.
Six copies of an application for a conditional use permit, along with site plans of the proposed conditional use as required by § 405-69 of this chapter, shall be submitted in accordance with the provisions of § 405-69C of this chapter.
(1)
Within 95 days from the date said application is determined complete,
the Planning Board shall, by resolution, either approve or disapprove
the application. Failure of the Planning Board to act within the period
prescribed shall constitute approval of the application, and a certificate
of the administrative officer as to the failure of the Planning Board
to act shall be issued on request of the applicant, and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval herein required and shall be so accepted by the County Clerk
for purposes of filing subdivision plats.
(2)
In reviewing an application for a conditional use permit, said review shall include site plan review as provided in accordance with § 405-69 of this chapter. The Planning Board shall review applications, including site plans, in accordance with all standards and regulations of this chapter and as to conformity with the goals, objectives and policies of any adopted Township Master Plan.
(3)
In approving an application, the Planning Board may impose any modifications
or conditions it deems necessary to carry out the intent of this chapter
or to protect the health, safety or general welfare of the public.
(4)
The Planning Board shall notify the Zoning Officer in writing as
to its decision and any special conditions imposed in connection with
the approval actions.
(5)
The Zoning Officer shall approve or deny applications for conditional
use permits in accordance with Planning Board action. All conditional
use permits shall be issued only in accordance with applicable conditions
contained in this chapter or imposed by the Planning Board. The Planning
Board administrative officer shall transmit one copy of all approved
and denied applications to the Township Tax Assessor, Zoning Officer,
Construction Official and Township Engineer.
(6)
In the case of a conditional use application which also involves
an application for a use variance, the Planning Board shall act on
the application for conditional use to the same extent and subject
to the same restrictions pursuant to the provisions of N.J.S.A. 40:55D-76.
[Amended 12-30-2009 by Ord. No. 649]
A.
Appeals to the Planning Board may be taken by any person aggrieved
or by any officer, department, board or bureau of the municipality
affected by any decision of the zoning administrative officer. Each
appeal shall be taken within the twenty-day period prescribed by the
statute by filing a notice of appeal with the officer from whom the
appeal is taken, together with three copies of said notice with the
administrative officer of the Planning Board. Said notice of appeal
shall specify the grounds for said appeal. The officer from whom the
appeal is taken shall forthwith transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
[Amended 9-20-2007 by Ord. No. 597; 12-30-2009 by Ord. No. 649]
B.
Filing.
(1)
Applications addressed to the original jurisdiction of the Planning
Board without prior application to an administrative officer shall
be filed with the administrative officer of the Planning Board. Three
copies of the application shall be filed. At the time of filing the
appeal or application, but in no event less than 20 days prior to
the date set for the hearing, the applicant shall also file all plot
plans, maps or other papers required by virtue of any provision of
this chapter or any rule of the Planning Board. The applicant shall
obtain all necessary forms from the Secretary of the Planning Board.
The Secretary of the Board shall inform the applicant of the steps
to be taken to initiate proceedings and of the regular meeting dates
of the Board.
[Amended 4-16-2009 by Ord. No. 627; 12-30-2009 by Ord. No. 649]
(2)
If the applicant is a corporation or partnership, said corporation
or partnership shall list the names and addresses of all stockholders
or individual partners owning at least 10% of its stock of any class
or at least 10% of the interest in the partnership, as the case may
be.
(3)
If a corporation or partnership owns 10% or more of the stock of
a corporation or 10% or greater interest in a partnership, subject
to a disclosure as set forth above, that corporation or partnership
shall list the names and addresses of its stockholders holding 10%
or more of its stock or of 10% or greater interest in the partnership,
as the case may be, and this requirement shall be followed by every
corporate stockholder or partner in a partnership until the names
and addresses of the noncorporate stockholders and individual partners
exceeding the ownership criterion of 10%, as set forth in N.J.S.A.
40:55D-1 et seq., have been listed.
C.
An appeal stays all proceedings in furtherance of the action in respect
to which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Planning Board, after the
notice of appeal shall have been filed with him, that by reason of
facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed otherwise than by an order of the Superior Court of
New Jersey upon notice to the officer from whom the appeal is taken
and on due cause shown.
[Amended 12-30-2009 by Ord. No. 649]
D.
Planning Board involvement. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 405-87 of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application as provided in § 405-69C(2) of this chapter or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
E.
Time limit for decisions.
(1)
The Planning Board shall render its decision no later than 120 days
after the date:
[Amended 12-30-2009 by Ord. No. 649]
(2)
Failure of the Board to render a decision within such one-hundred-twenty-day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
[Amended 1-19-1996 by Ord. No. 449]
A.
Applications for a sign permit shall be submitted to the Zoning Officer when the sign to be erected or installed is for an existing use or structure and is not part of a development requiring site plan review. The Zoning Officer shall review said application and plans submitted as required by § 405-76G and shall, within two weeks of receipt of the application:
B.
In the case of signs which are to be erected or installed in connection
with a proposed development requiring site plan review, said signs
shall be reviewed as part of the site plan with appropriate details
of any proposed sign(s) submitted along with all other site plan information.[1]
[1]
Editor's Note: Former § 98-63, Applications for
planned unit development, which immediately followed this section,
was deleted 6-16-2005 by Ord. No. 559.
[Amended 9-1-1988 by Ord. No. 316]
For the purpose of expediting applications and reducing subdivision
and site plan design and development costs, the developer or applicant
may request a preapplication conference and/or concept plan review
in accordance with the following requirements:
A.
Preapplication conference.
(1)
At the request of the applicant, the Planning Board shall authorize
a preapplication conference. The purpose of the 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 regulations.
(c)
Advise the applicant of any public sources of information that
may aid the application.
(d)
Otherwise identify policies and regulations that create opportunities
or pose significant constraints for 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.
(2)
The preapplication conference allows the applicant to meet with appropriate
municipal representatives. These individuals, who shall be designated
by the Planning Board with the consent of the Chairman of the Township
Committee, may include the Township Engineer, Planner, Construction
Official, representative from the Planning Board, Zoning Officer,
Subdivision and Site Plan Review Committee or its representatives,
if this Committee is established, and any other Township representative(s)
or officer(s) invited by the Planning Board Chairperson.
(3)
Applicants seeking a preapplication conference shall submit the information
stipulated below 10 days prior to the preapplication conference. The
following information shall be submitted:
(a)
A map showing all information as set forth in § 405-76C(1) through (7) of this chapter.
(b)
A map showing all natural features of the site, including but
not limited to floodplains, wetlands, slopes exceeding 5%, wooded
areas, prime agricultural soils, historic sites or structures, all
structures located on the site, any rivers, streams, ponds or other
watercourses located on or within 200 feet of the property involved
and any known easements existing which affect the property involved.
(c)
The zoning district in which said development is located and
all proposed road rights-of-way as shown on the Township or County
adopted Master Plans.
(d)
A United States Geological Survey quadrangle sheet for the area
in which said property is located.
(e)
A description of the proposed project or development detailing
as much information about the proposed development as possible, including
the number of units, lots, size, number of employees and other pertinent
information, which would assist the Board and/or Committee and officials
to reasonably analyze the proposal in terms of the Township's development
regulations.
(4)
The applicant shall not be required to pay a fee for the preapplication
conference. If requested and paid for by the applicant, a brief written
summary of the preapplication conference shall be provided within
10 days after the meeting.
(5)
The applicant shall not be bound by the determination of the preapplication
conference, nor shall the Planning Board or Subdivision and Site Plan
Committee be bound by any such review.
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 the Subdivision
and Site Plan Committee 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 purpose of the concept
plan review is to provide Planning Board and Subdivision and Site
Plan Committee input in the formative stages of subdivision and site
plan design.
(2)
Applicants seeking concept plan review shall submit the items stipulated
below 10 days before the concept plan meeting. These items provide
the applicant and the Planning Board or Subdivision and Site Plan
Review Committee with an opportunity to discuss the development proposal
in its formative stages. The items to be submitted are:
(a)
Section 405-73A(3)(a) through (e) set forth above.
(b)
A generalized sketch plan of the proposed development, including
new or revised lot lines, proposed structures, major facilities to
be installed and any proposed roadways or extensions of existing roadways.
(3)
A brief written summary of the concept plan review shall be provided
within 15 days after the final meeting.
(4)
The applicant may be charged reasonable fees for concept plan review.
The amount of any fees for such informal review shall be a credit
towards fees for review of the application for development.
(5)
The applicant shall not be bound by any concept plan for which review
is requested, nor shall the Planning Board and/or Subdivision and
Site Plan Review Committee be bound by any such review. The Township
may require notice of concept plan meeting pursuant to N.J.S.A. 40:55D-12.
No development applications as defined in this chapter shall
be accepted unless submitted in proper form, and no plat or plan shall
be accepted for consideration unless it conforms to the requirements,
as set forth herein, as to form, content and accompanying information,
and complies with the provisions of N.J.S.A. 46:23-9.9 et seq. (Map
Filing Law), as amended. All plats shall be drawn by a New Jersey
licensed land surveyor and shall bear the signature, seal, license
number and address of said surveyor. All drawings of improvements
shall be signed and sealed by a professional engineer licensed to
practice in New Jersey.
[Added 5-5-2005 by Ord. No. 555; amended 12-30-2009 by Ord. No.
649]
The Township Committee of the Township of Upper Deerfield believes
that it is in the interests of the residents of the Township of Upper
Deerfield to adopt an application checklist procedure in order to
clarify a determination of completeness with respect to applications
made before the Township Planning Board.
A.
Schedule A appended hereto and made a part hereof shall be applicable
to all submissions of the Township Planning Board;
C.
Schedule C[2] attached hereto and made a part hereof shall apply to
all applications made pursuant to paragraphs a, b, c and d of N.J.S.A.
40:55D-70 in connection with applications before the Planning Board
(acting as a zoning board of adjustment).
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Minor subdivision plat details. The plat shall be clearly and legibly
drawn and shall be based on Tax Map information or some other similarly
accurate base, at a suitable scale to enable the entire tract to be
shown on one sheet, and shall show or include the following information:
(1)
A key map with North arrow showing the entire development and its
relation to surrounding areas at a scale of not less than one inch
equals 2,000 feet.
(2)
The Tax Map sheet, block and lot numbers for the tract and all adjacent
lots, title, graphic scale, North arrow, date of original drawing
and the date and substance of each revision.
(3)
Name and address of owner, subdivider and person preparing the plat.
(4)
The name of the owner of the proposed tract and all adjoining property
owners as disclosed by the most recent Township tax records.
(5)
The signature and seal of a licensed land surveyor.
(6)
The classification of the zoning district in which the proposed subdivision
is located. If the property lies in more than one zoning district,
the plat shall indicate all the zoning district lines. All front,
side and rear setback lines shall be shown conforming to this chapter.
(7)
Acreage of the entire tract and the area(s) being subdivided.
(8)
All existing and proposed lot lines and any existing lot lines to
be eliminated.
(9)
All existing structures, uses and wooded areas within the portion
to be subdivided and within 200 feet of the property involved; also,
any isolated trees with a diameter of eight inches or more measured
three feet above ground level on the lot involved.
(10)
All streams, lakes and drainage rights-of-way within the limits
of the tract(s) being subdivided and within 200 feet thereof, including
the location, width and direction of flow of all streams, brooks and
drainage rights-of-way; the location and dimension of all drainage
structures; existing features to be removed or relocated; flood hazard
area and floodway lines, steep slopes, wetlands and swamps.
(11)
All existing and proposed streets, roads, easements and rights-of-way
within and adjoining the proposed subdivision, with existing right-of-way
widths clearly indicated and as proposed in the Township Master Plan.
Existing driveways, street names, sight triangles and purpose for
any easement shall be shown. Copies of the text of any deed restrictions
shall be provided when requested by the approval authority.
(12)
The location and width of all existing or proposed utility easements
in the area to be subdivided.
(13)
The shortest distance between any existing building and other
structures or a proposed or existing lot line.
(14)
The location of any existing or proposed open space or recreation
area.
B.
Minor site plan.
(1)
For purposes of determining site plan details required to be shown,
a site plan will be deemed a "minor site plan" when it involves any
lots not abutting an arterial or major collector road, as shown in
the Township Master Plan, and where:
(b)
The proposed expansion or alteration of an existing building or use on a specific lot(s) will not result in additional lot coverage in excess of 10% of the existing coverage, will conform to the maximum and minimum building standards as set forth in this chapter, and will not increase the number of off-street parking spaces by more than five or eliminate existing required parking spaces, and said building or use is not subject to the requirements of Article VII of this chapter.
(2)
Minor site plan details. A minor site plan shall include the same data as required in § 405-76A, except that the graphic scale shall be not less than 50 feet to the inch. All distances shall be in decimals of a foot, and all bearings shall be given to the nearest 10 seconds. The error of closure shall not exceed one in 10,000. In addition to the aforementioned data required, the site plan shall also show:
(a)
Existing schools, special districts and areas proposed for dedication
for public use.
(b)
Location of all proposed buildings and all other structures,
such as but not limited to walls, fences, culverts, bridges and sidewalks,
with spot elevations of such structures.
(c)
The proposed use or uses of land and buildings and the location
of proposed buildings or individual sites, such as in the case of
campgrounds, including proposed grades.
(d)
The location and design of any off-street parking and loading
areas, showing size and locations of bays, aisles and barriers and
the number of parking and loading spaces.
(e)
All buffer and landscaped areas, and means of vehicle access
and egress existing or proposed for the site, showing the size and
location of driveways and curb openings.
(f)
The square footage of each building, total number of employees
and in the largest working shift and, where applicable, seating capacity
of structures.
(g)
If a sign or signs are to be erected, attached or otherwise located on the site, the site plan shall be accompanied by additional details and information as provided in § 405-76G.
(h)
If the applicant is a corporation or partnership, said corporation
or partnership shall list the names and addresses of all stockholders
or individual partners owning at least 10% of its stock of any class
or at least 10% of the interest in the partnership, as the case may
be. If a corporation or partnership owns 10% or more of the stock
of a corporation or 10% or greater interest in a partnership, subject
to a disclosure as set forth above, the corporation or partnership
shall list the names and addresses of its stockholders holding 10%
or more of its stock or of 10% or greater interest in the partnership,
as the case may be, and this requirement shall be followed by every
corporate stockholder or partner in a partnership until the names
and addresses of the noncorporate stockholders and individual partners
exceeding the ownership criterion of 10%, as set forth in N.J.S.A.
40:55D-1 et seq., have been listed.
C.
Preliminary subdivision plat. The preliminary plat shall be clearly and accurately drawn or reproduced at a suitable scale. Preliminary plats shall be designed in accordance with the provisions of Article IX of this chapter and shall show or be accompanied by the following information:
(1)
Graphic scale not less than one inch equals 100 feet.
(2)
Based on certified boundary survey and drawn by a land surveyor licensed
in New Jersey, with design and improvements drawn by a professional
engineer licensed in New Jersey.
(3)
Sheet sizes of 30 inches by 42 inches, 24 inches by 36 inches, 15
inches by 21 inches, or 8 1/2 inches by 13 inches. If more than
one sheet is required to show the entire subdivision, a separate composite
map shall be drawn showing the entire subdivision and the sheets on
which the various sections are shown.
(4)
Key map, with North arrow, showing the entire subdivision in relation
to surrounding areas, including the names of principal roads, and
at a scale of not less than one inch equals 2,000 feet.
(5)
Title block with the name of the subdivision; any development names
previously associated with the application; the name of the municipality;
Tax Map sheet, block and lot number; date of preparation and most
recent revision; meridian, North arrow; graphic scale; the names,
addresses, phone numbers and signatures of the owner, subdivider and
person(s) who prepared the plat(s), including the seal of the latter.
If the applicant is a corporation or partnership, said corporation
or partnership shall list the names and addresses of all stockholders
or individual partners owning at least 10% of its stock of any class
or at least 10% of the interest in the partnership, as the case may
be. If a corporation or partnership owns 10% or more of the stock
of a corporation or 10% or greater interest in a partnership, subject
to a disclosure as set forth above, that corporation or partnership
shall list the names and addresses of its stockholders holding 10%
or more of its stock or of 10% or greater interest in the partnership,
as the case may be, and this requirement shall be followed by every
corporate stockholder or partner in a partnership until the names
and addresses of the noncorporate stockholders and individual partners
exceeding the ownership criterion of 10%, as set forth in N.J.S.A.
40:55D-1 et seq., have been listed.
(6)
The names of all property owners within 200 feet of the extreme limits
of the subdivision as disclosed on the most recent municipal tax records.
(7)
Tract acreage to the nearest 0.001 of an acre; the number of new
lots, each lot line dimension, scaled to the nearest foot; and each
lot area, to the nearest square foot.
(8)
Existing and proposed contours at two-foot intervals. All elevations
shall be related to a bench mark noted on the plan and, wherever possible,
shall be based on United States Geological Survey mean sea level datum
or approved local datum. Contours should show existing ground elevations
and proposed elevations in any areas to be regraded.
(9)
Location of existing natural features, such as soil types, slopes
exceeding 5%, wooded areas, views within the development and the location
of individual trees outside wooded areas having a diameter of six
inches or more measured five feet above ground level. Soil types shall
be based on United States Natural Resources Conservation Service categories
from the Cumberland County Soil Survey.
(10)
Existing and proposed streams, lakes, ponds and marsh areas
accompanied by the following data:
(a)
When a running stream with a drainage area of 1/2 square mile
or greater is proposed for alteration, improvement or relocation,
or when a structure or fill is proposed over, under, in or along such
running stream, evidence of approval, required alterations, lack of
jurisdiction or denial of the improvement by the New Jersey Division
of Water Policy and Supply shall accompany the plat.
(b)
Cross sections and profiles of watercourses at an appropriate
scale showing the extent of the flood-fringe area, top-of-bank, normal
water level and bottom elevations at the following locations:
[1]
All watercourses within or adjacent to the development and at
any point where a watercourse crosses a boundary of the development
(profile and cross sections).
[2]
At fifty-foot intervals for a distance of 300 feet upstream
and downstream of any existing or proposed culvert or bridge within
the development (cross section).
[3]
At a maximum of one-hundred-foot intervals, but at no less than
two locations, along each watercourse which runs through or adjacent
to the development (cross sections).
[4]
When ditches, streams, brooks or watercourses are to be altered,
improved or relocated, the method of stabilizing slopes and measures
to control erosion and siltation during construction as well as typical
ditch sections and profiles shall be shown on the plan or accompany
it.
(c)
The total upstream acreage in the drainage basin of any watercourse
running through or adjacent to a development. For flowing streams,
small-scale watershed maps developed from United States Geological
Survey sheets shall be submitted.
(d)
The total acreage in the drainage basin to the nearest downstream
drainage structure and the acreage in that portion of the development
which drains to the structure.
(e)
The location and extent of all existing or proposed drainage
and conservation easements and flood hazard area and floodway lines.
(f)
The location, extent and water level elevation of all existing
or proposed lakes or ponds on or within 300 feet of the development.
(g)
Plans and computations for any storm drainage systems, including
the following:
[1]
All existing or proposed storm sewer lines within or on lands
or roads adjacent to the development and for all required off-site
and off-tract drainage improvements showing size, profile and slope
of the lines, direction of flow and the location of each catch basin,
inlet, manhole, culvert and headwall.
[2]
The location and extent of any proposed dry wells, groundwater
recharge basins, retention basins, flood-control devices, sedimentation
basins or other water-conservation devices.
(11)
The names, locations and dimensions, including cartway and right-of-way
widths, of all existing streets within a distance of 200 feet of the
boundaries of the development, existing driveways and any connections
from proposed streets, sidewalks and bike routes in the development
to any adjoining street(s), sidewalk(s) or bike route(s) and what
off-site extensions, if any, will be made to nearby arterial and collector
streets as those streets are shown on the adopted Master Plan.
(12)
Plans, cross sections, center-line profiles, tentative grades
and details of all proposed and existing streets in the tract and
within 300 feet of the subdivision based on the United States Geological
Survey datum, together with full information as to the disposal of
surface drainage, including plans, cross sections and profiles of
streets, storm drains and drainage structures. Typical street cross
sections shall indicate the type and width of pavement and the location
of curbs, sidewalks, bike routes, typical underground utilities and
shade tree planting. At intersections, the sight triangles, radii
of curblines, crosswalks and street sign locations shall be shown.
Final street naming may be deferred. For streets where curbs and/or
sidewalks are to be provided, separate curb and sidewalk profiles
shall be required at street intersections.
(13)
The names, locations, paved widths, right-of-way widths and
purpose(s) of existing and proposed easements, streets and other rights-of-way
in the subdivision. The text of any deed restriction shall be included.
(14)
The location and description of all easements, existing and
tentatively proposed.
(15)
All proposed lot lines and all existing lot lines to remain
and those to be eliminated. All setback lines required by this chapter
with the dimensions thereof and any municipal boundary line where
the boundary is within the tract or within 200 feet of the tract.
Any lot(s) to be reserved or dedicated to public use shall be identified.
Each block shall be numbered, and the lots within each block shall
be numbered consecutively beginning with one.
(16)
Locations of all existing structures and their use(s) in the
tract and within 200 feet thereof, showing existing and proposed front,
rear and side yard setback distances, structures of potential historic
significance and an indication of all existing structures and uses
to be retained and those to be removed.
(17)
Plans and profiles of proposed improvements and utility layouts
(sanitary sewers, storm sewers, erosion control, stormwater control,
excavation, etc.), showing location, size, slope, pumping stations
and other details as well as feasible connections to any existing
proposed utility systems. If private utilities are proposed, they
shall comply fully with all municipal, county and state regulations.
If service will be provided by an existing utility company, a letter
from that company shall be submitted stating that service will be
available before occupancy of any proposed structures. When on-lot
water or sewage disposal is proposed, the proposed location of the
well and the location and results of percolation tests shall be submitted.
(18)
Zoning district(s) and zoning district lines.
(19)
Identification of lands to be dedicated or reserved for public
use. Location of an area to be reserved acceptable for Township recreational
purposes, approved by the Planning Board, comprising not less than
15% of the land area to be developed. Such lands, when approved by
the Planning Board, constitute an amendment to the Master Plan of
Upper Deerfield Township and will be reserved for a period of one
year from the date of preliminary approval, during which the Township
may institute acquisition procedures.
(20)
An itemization of all improvements to be made to the site, as required in Articles VII, VIII and IX, and such other improvements on site, off site and off tract as the public interest may require, together with a listing of the work and materials to be used in installing such improvements, including estimated quantities of necessary materials, sufficient to enable the Municipal Engineer to formulate a performance guaranty estimate.
(21)
Details and information on any proposed signs to be erected, constructed or to be placed anywhere on the property involved in accordance with the provisions of § 405-31.
(22)
In the case of a cluster development, the preliminary plat shall
be accompanied by a set of detailed development plans showing density
patterns, site design, open land designations, building locations,
utilities and other improvements and landscaping proposals.
(23)
When required by the Planning Board, an environmental impact
statement which shall address the existing conditions at the site,
including any environmental constraints, and the effect of the proposed
activity upon the site and those conditions or constraints, including
any adverse environmental impacts, and the way that the applicant
proposes to eliminate, reduce or offset such adverse impacts. This
shall include a list of alternatives to the proposed development,
including the no development alternative, and the effect each alternative
would have on the site and its conditions.
[Amended 9-1-1988 by Ord. No. 316]
(a)
The conditions to be addressed in the impact statement shall
include:
[1]
Topography.
[2]
Geology.
[3]
Hydrology.
[4]
Soils.
[5]
Vegetation, including endangered and/or threatened species.
[6]
Wildlife, including endangered and/or threatened species.
[7]
Archaeological, historic and scenic areas.
[8]
Groundwater, supply and quality.
[9]
Surface waters, supply and quality.
[10]
Air quality.
[11]
Scenic views and/vistas.
[12]
Any special features, conditions or impacts directed
by the Planning Board to be addressed in the impact statement.
(b)
The Planning Board may, where deemed appropriate, reduce the items to be included in the impact statement where such information is not deemed necessary. Unless specifically waived by the Planning Board, the impact statement shall include and address all items set forth in Subsection C(23)(a)[1] through [12] above referenced.
(25)
For any subdivision application involving 50 or more lots for
the proposed development of single-family residential housing, plans
and details for the provision of collection, disposition and recycling
of recyclable materials in conformance with any applicable adopted
recycling ordinance.
[Added 9-1-1988 by Ord. No. 316]
(26)
Where any area or facility is to be owned and maintained by
the residents of a development and a homeowners' association is to
be required, such information as will permit the approving authority
to make detailed findings concerning the ability of the association
to adequately perform the function for which it is designed. Information
to be submitted by the applicant in this regard and subject to approval
or revision is as follows:
[Added 9-1-1988 by Ord. No. 316]
(a)
The time when the association is to be created or made effective
in relation to the project's timetable.
(b)
Mandatory or automatic nature of membership in the organization
by a resident and his/her successor(s).
(c)
Permanence of open space, recreational area or other area or
facilities protective covenants.
(d)
Liability of organization for insurance, taxes and maintenance
of all facilities.
(e)
Provisions made for pro rata sharing of costs and assessments.
(f)
Capacity of the organization to administer common facilities
and preserve the benefits of any open space and recreational areas
involved.
(g)
The restrictions, covenants and other devices establishing automatic
membership in the association and the responsibilities of that membership.
(27)
For any development located on an arterial or collector road,
as defined in the adopted Township Master Plan, or any development
which will be expected to provide parking spaces for 50 or more vehicles,
a traffic analysis will be required to be submitted as part of the
preliminary submission. Said analysis shall include the following:
[Added 9-1-1988 by Ord. No. 316]
(a)
Estimated trip generation for said development.
(b)
Directional distribution of traffic from development.
(c)
Trip assignment and analysis.
(d)
A capacity analysis of all roadways to be affected by said development
as determined from the above-referenced data.
(e)
Identification of congestion and turning-movement conflicts.
(f)
An explanation of how the applicant proposes to handle said
conflicts and/or recommendations for such conflicts' mitigation or
elimination, including an assessment of the development's share of
such conflict and cost for its mitigation and/or elimination.
(g)
Such other information and/or data as found necessary and required
by the Planning Board.
D.
Preliminary site plan.
(1)
Every preliminary site plan shall be at a minimum graphic scale of
one inch equals 10 feet, 20 feet, 30 feet, 40 feet or 50 feet, certified
by a New Jersey licensed architect or engineer, including accurate
lot lines certified by a New Jersey licensed land surveyor, submitted
on one of four of the following standard sheet sizes: 8 1/2 inches
by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches, or 30
inches by 42 inches. The site plan shall include the following data:
(If one sheet is not sufficient to contain the entire territory, a
separate composite map shall be drawn showing the entire development
and the sheets on which the various sections are shown.)
(a)
All lot lines and the exterior boundaries of the tract.
(b)
North arrow.
(c)
Zone district(s) in which the lot(s) is (are) located.
(d)
Date of original drawing and each subsequent amendment.
(e)
Existing and proposed street(s) and street name(s).
(f)
Existing and proposed contours at two-foot intervals throughout
the tract and within 100 feet of any building or paved area under
review.
(g)
Title of the plan.
(h)
Streams.
(i)
Total area to one square foot.
(j)
Total number of parking spaces.
(k)
All dimensions, areas and distances needed to confirm conformity
with this chapter, such as but not limited to building lengths, building
coverage, lot lines, parking spaces, loading spaces, setbacks and
yards.
(l)
A small key map giving the general location of the parcel within
the Township.
(m)
A separate map showing the site in relation to all remaining
lands in the present owner's ownership.
(2)
Site plan information for preliminary and final approval. Each site
plan shall have the following information shown thereon or annexed
thereto and shall be designed to comply with the applicable provisions
of this chapter.
(a)
Building and use plan. The size, height, location, arrangement and use of all proposed buildings, structures and signs, including an architect's sealed elevations of the front, side and rear of any structures and signs to be erected or modified, to the extent necessary to apprise the Planning Board of the scope of the proposed work, shall be shown. Any existing structures shall be identified either to remain or to be removed. A written description of the proposed use(s) and operation(s) of nonresidential building(s), including the number of shifts to be worked and the maximum number of employees on each shift; seating capacity; expected truck and tractor-trailer traffic; emission of noise, glare, vibration, heat, odor and air and water pollution; safety hazards, including air safety hazard compliance with § 405-20 of this chapter; and anticipated expansion plans incorporated in the building design. Floor plans shall be submitted upon request of the Planning Board.
[Amended 9-1-1988 by Ord. No. 316]
(b)
Circulation plan.
[Amended 1-19-1996 by Ord. No. 449]
[1]
This plan shall show access streets and their names, street
classifications according to the adopted Township Master Traffic Plan,
existing and proposed right-of-way widths, acceleration/deceleration
lanes, curbs, aisles and lanes, access points to public streets, sight
triangles, traffic channelization, easements, fire lanes, driveways
with widths and their direction, number and location of parking and
loading spaces, loading berths and/or docks, computation of parking
and loading required by this chapter for use being served, pedestrian
walks and all related facilities for the movement and storage of goods,
vehicles and persons on the site and including lights, lighting standards,
signs, traffic devices, sidewalks, bus stops and/or shelters, street
furniture and all driveways within the tract and within 100 feet of
the tract. Sidewalks shall be shown from each entrance/exit along
expected paths of pedestrian travel, such as, but not limited to,
access to parking lots, driveways, other buildings on the site and
across common yard areas between buildings or land uses. Plans shall
be accompanied by cross sections of new streets, aisles, lanes, driveways,
bridges and sidewalks or pedestrian paths.
[2]
The plans shall be accompanied by a traffic impact analysis
of the proposed development and address all issues raised in the adopted
Township Master Traffic Plan, including but not limited to determination
of the projected traffic impact on various intersections and roadways
adjacent to or impacted by said proposed development.
[3]
Any expansion plans for the proposed use shall show feasible
parking and loading expansion plans to accompany building expansion.
(c)
Natural resources plan. This plan shall show existing and proposed wooded areas; buffer areas, including the intended screening devices and buffers; grading at two-foot contour intervals inside the tract and within 50 feet of its boundaries; seeded and/or sodded areas; ground cover; retaining walls; fencing; signs; recreation areas; shrubbery; trees; and other landscaping features. These plans shall show the location and type of man-made improvements and the location, species and caliper of plant material and trees to be located on the tract. All portions of the property not utilized by building or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation, as shown on an approved soil erosion and sediment control plan and the provisions of this chapter in Article IX, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.
(d)
Facilities plan. This plan shall show the existing and proposed
locations of all drainage and stormwater runoff facilities; open space
and common property; fire hydrants; gas, electric, telephone, sewerage
and water supply line locations; and the method for solid waste collection
and disposal and the collection, disposition and recycling of recyclable
materials as required by any applicable adopted ordinance or regulation.
To be included are the proposed grades, sizes, capacities and materials
and/or equipment to be used for facilities installed by the developer.
Installations by utility companies need only show their locations
on the plan. All easements acquired or required on the tract and across
adjacent properties shall be shown, and copies of legal documentation
that support the granting of an easement by an adjoining property
owner shall be included. All proposed lighting shall be shown, including
direction, angle, height and reflection of each source of light. All
utilities shall be installed underground. All required state and federal
approvals for environmental considerations shall be submitted prior
to preliminary approval or shall be a condition of approval. Drainage
facilities shall include facilities to comply with the stormwater
runoff provisions of this chapter. The method of sewage treatment
and solid waste disposal and collection, disposition and recycling
of recyclable materials as required by adopted local ordinance or
state law or regulation shall be shown on the plan or in accompanying
text, and percolation tests from sufficient locations on the site
to allow a determination of adequacy by the Cumberland County Board
of Health shall be included where on-site septic tanks and leaching
feeds are permitted and are proposed.
[Amended 9-1-1988 by Ord. No. 316]
(e)
Environmental impact report. An environmental impact report as required in § 405-76C(23) herein shall be submitted with all preliminary site plans. Twelve copies of said environmental impact report shall be submitted to the Secretary of the Planning Board. Said environmental impact report shall be reviewed subject to the provisions of § 405-76C(23).
[Amended 8-2-1990 by Ord. No. 360]
(f)
In the case of a townhouse, apartment or multifamily development,
five copies of a housing market analysis which shall describe and
demonstrate the need for said proposed project in terms of the regional
housing market as defined by the Township Master Plan shall be submitted.
Said analysis shall include data and information on vacancy rates,
cost, type and location of other housing facilities within the Township
and the region. Such analysis shall clearly indicate how it will meet
a need reasonably shown to exist for the type and cost of housing
proposed.
(g)
In the case of residential development for which a homeowners'
association is required, the site plan shall be accompanied by such
information as will permit the approval authority to make detailed
findings concerning the ability of the association to adequately perform
the function for which it is designed. Information to be submitted
by the applicant in this regard and subject to approval or revision
is as follows:
[1]
The time when the association is to be created in relation to
the project's timetable.
[2]
Mandatory or automatic nature of membership in the organization
by a resident and his/her successsor(s).
[3]
Permanence of open space and recreational area protective covenants.
[4]
Liability of organization for insurance, taxes and maintenance
of all facilities.
[5]
Provisions made for pro rata sharing of costs and assessments.
[6]
Capacity of the organization to administer common facilities
and preserve the benefits of the open space and recreational areas.
[7]
The restrictions, covenants and other devices establishing automatic
membership in the association and the responsibilities of that membership.
(h)
An application form completed in full accompanied by such other
information or data as may be required by the Planning Board in order
to determine that the proposed development is in accordance with the
Township Master Plan, the provisions of this chapter and all other
applicable Township ordinances. If the applicant is a corporation
or partnership, said corporation or partnership shall list the names
and addresses of all stockholders or individual partners owning at
least 10% of its stock of any class or at least 10% of the interest
in the partnership, as the case may be. If a corporation or partnership
owns 10% or more of the stock of a corporation or 10% or greater interest
in a partnership, subject to a disclosure as set forth above, that
corporation or partnership shall list the names and address of its
stockholders holding 10% or more of its stock or of 10% or greater
interest in the partnership, as the case may be, and this requirement
shall be followed by every corporate stockholder or partner in a partnership
until the names and addresses of the noncorporate stockholders and
individual partners exceeding the ownership criterion of 10%, as set
forth in N.J.S.A. 40:55D-1 et seq., have been listed.
(3)
The Planning Board, at its sole discretion, may waive or reduce the
details and/or data required to be shown on a preliminary site plan
so long as such waiver or reduction will not unreasonably hamper or
impede the Planning Board's review of the proposed development in
relation to the Township Master Plan and all applicable ordinances.
E.
Final subdivision plat. The final plat shall be drawn in ink on tracing
cloth or Mylar at a suitable scale and in compliance with all provisions
of Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.9 et seq.). The
final plat shall show or be accompanied by only that information and
those details as specified in the aforementioned New Jersey Map Filing
Law and as follows:
(1)
Date, name and location of the subdivision; name of the owner; graphic
scale; and reference meridian.
(2)
The purpose of any easement or land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted.
(3)
Minimum building setback line on all lots and other sites.
(4)
Names of owners and adjoining unsubdivided land.
(5)
Signature blocks for the Planning Board, Municipal Engineer and other
endorsements required by law.
(6)
Tract boundary lines; municipal boundary line if within 200 feet
of the tract being subdivided; street names; all lot lines and other
site lines with accurate dimensions, bearing or deflection angles
and radii, arcs and chord bearings and distances of all curves based
on an actual survey by a land surveyor licensed to practice in the
State of New Jersey, with minimum building setback lines and the area
of each lot shown to the nearest square foot. All dimensions, both
linear and angular, of the exterior tract boundaries shall be based
on and calculated from surveyed traversing which shall have an apparent
error of field closure of 1:10,000 or better and shall be corrected
by accepted balancing methods to final errorless closure; all final
exterior and lot boundaries shall be similarly balanced to final errorless
closure. All dimensions, angles and bearings given on the map must
be referred to at least two permanent monuments which shall be indicated
on the map.
(7)
Block and lot numbers in accordance with established standards and
in conformity with the Municipal Tax Map, as approved by the Municipal
Tax Assessor, and all street numbers, where appropriate, shall be
designated as specified by the approving authority.
(8)
Plans, cross sections, profiles and established grades of all streets
and easements as approved by the Municipal Engineer.
(9)
Plans and center-line profiles of all storm and sanitary sewers and
water mains as approved by the Municipal Engineer.
(10)
Location and description of all monuments as required by this
chapter and the Map Filing Law.
(11)
By separate exhibits, information regarding required improvements
and detailing the stage of completion of installing the improvements,
including the following certifications:
(a)
By a New Jersey licensed professional land surveyor as to the
accuracy of the plat and of the surveyed dimensions.
(b)
That the applicant is agent or owner of the land, or that the
owner has given consent under an option agreement or contract of sale.
(c)
Approvals of the Municipal Engineer.
(d)
Appropriate local, county and state approvals.
(e)
By the Municipal Tax Collector that all taxes are paid to date.
(f)
Other certifications that may be required by law.
F.
Final site plan plat. The final plat shall include all data required
on the preliminary site plan plat drawn to incorporate all changes
required as a condition of preliminary approval and drawn by persons
and to specifications as required for a preliminary plat.
G.
Site plan for signs. Unless otherwise provided in this chapter, an
application for a sign permit shall be accompanied by a site plan
of the proposed sign(s) which shall show the following:
(1)
Name, address and telephone number of the applicant, the person preparing
and/or constructing the sign(s) and the person erecting the sign.
(2)
Location of the building, the structure or the lot to which the sign
is or is to be erected or attached.
(3)
A scaled drawing showing the size of the existing or proposed sign;
the location of the sign on the building to which it is to be attached
or on the property on which it is to be placed (in which case setback
dimensions shall be shown); the materials to be utilized in the construction
of the sign, including whether or not the sign will be illuminated;
and the message, lettering, artwork, illustrations, color and appurtenances
to be placed or shown on the sign(s).
(4)
In the case of signs to be erected, constructed or placed on property
or attached to structures not belonging to the applicant, evidence
of the property or structure owner's approval and permission for the
locating of said sign.
(5)
Such other information as required by the Planning Board.
H.
Plans and documents for planned developments.
[Amended 9-1-1988 by Ord. No. 316; 8-2-1990 by Ord. No. 360; 1-19-1996 by Ord. No. 449]
(1)
Requirements. The application shall require only such information as is reasonably necessary to disclose to the municipal authority, in accordance with the standards established in Article IX, the following:
(a)
The location and size of the site and the nature of the landowner's
interest in the land proposed to be developed.
(b)
The location and size of common open space and the form of organization
proposed to own and maintain any common open space.
(c)
The density of land use to be allocated to the parts of the
site to be developed.
(d)
The use and the approximate height, bulk and location of buildings
and other structures.
(e)
The feasibility of proposals for the disposition of sanitary
waste and stormwater.
(f)
The provisions made for the supply and distribution of potable
water for use by the project.
(g)
The substance of covenants, grants and easements or other restrictions
proposed to be imposed upon the use of the land, buildings and structures,
including proposed easements or grants for public utilities.
(h)
The provisions for parking of vehicles and the location and
width of proposed streets and public ways.
(i)
The required modifications in the municipal land use regulations
otherwise applicable to the subject property.
(j)
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 project
are intended to be filed.
(2)
Applicant's statement. The applicant for tentative approval of a
planned development project shall include a written statement by the
landowner, or any other entity having a cognizable interest in the
land, setting forth the reasons why, in his opinion, a planned development
project would be in the public interest and would be consistent with
the municipal statement of objectives on planned development projects
and the procedures and approvals provided herein for tentative and
final approval of a plan for the planned development project, and
applications for such tentative and final approval shall be in lieu
of all other zoning and planning requirements.
(3)
Exhibits required. An application for tentative approval shall contain
the following exhibits and any other information the applicant may
deem appropriate to his planned development project:
(a)
Master land use plan at a scale of one inch equals 200 feet,
illustrating:
[1]
Outbound limits of property.
[2]
Existing contours at five-foot intervals.
[3]
Existing roads.
[4]
Proposed arterial and collector roads.
[5]
Location map, same as before.
[6]
Existing land uses within 200 feet of the property.
[7]
Various proposed land uses for specific areas, including density
category for residential areas, maximum building coverage ratios for
commercial and industrial areas, and minimum parking ratios for all
land uses.
(b)
Natural features plan at the same scale as master land use plan,
illustrating:
(c)
A generalized landscaping, planting and screening plan indicating
the types of planting and fencing materials proposed, their general
location and provisions for maintenance.
(d)
Traffic plan, indicating:
[1]
Projected traffic volumes on arterial and collector roads at
the time of completion of each proposed section of development and
at the time of completion of ultimate development of the project,
including both internal and adjacent external volumes.
[2]
Volume capacity relationship at ultimate development.
[3]
Projected turning movements at ultimate development, including
all major intersections both internally and adjacent to the project.
[4]
The proposed classification of all proposed arterial and collector
roads in terms of the Township's road classification system as set
forth in the Township Master Plan.
[5]
A traffic impact study report as set forth in § 405-76C(27) of this chapter.
(e)
Typical layout detail plans, at a scale of one inch equals 100
feet, illustrating typical proposed layouts for various elements of
the project, including all types of land uses.
(f)
Preliminary engineering plan, at a scale of one inch equals
200 feet or larger, illustrating:
[1]
Outbound limits of property.
[2]
Existing contours (two-foot interval maximum) to a point not
less than 200 feet beyond the boundaries of the tract.
[3]
Existing roads.
[4]
Proposed arterial and collector roads, showing cartway widths
and right-of-way and typical sections, as applicable.
[6]
Storm drainage:
[a]
Alignment, general grades and basic design of major
elements of collection system to confirm feasibility of handling anticipated
runoff from all areas of the project.
[b]
Flood elevations on major drainage channels, indicating
anticipated flood levels from twenty-five- and fifty-year storms.
[c]
Existing general grade of areas surrounding the
project to determine impact on on-site and off-site drainage.
[d]
Stilling or retention ponds or other methods of
minimizing runoff.
[7]
Sanitary sewers: alignment, general grades and basic design
of major elements of collection system and proposed financing methods
to confirm feasibility of serving all areas of the project requiring
service.
[8]
Water: alignment and basic design of major elements of distribution
system to confirm feasibility of providing potable water supply and
fire protection to all areas of the project requiring service.
(g)
A proposed schedule of development indicating the timing of
final development sections and the timing of development of residential,
commercial and industrial uses and community services.
(h)
A market analysis supporting the proposed development schedule
and substantiating its feasibility.
(i)
A fiscal impact study geared to the proposed development schedule
and indicating the anticipated impact of each stage of development
upon the Township and the school district in terms of real estate
tax revenues as against projected municipal service costs and school
costs.
(j)
An open space design and development plan for those portions
of the planned development proposed to be retained as permanent agriculture,
which shall become applicable to such areas at any time that such
areas have ceased to be used for agricultural purposes for more than
two years consecutively.
(k)
An environmental impact report as required in § 405-76C(23) herein shall be submitted to the Secretary of the Planning Board. Twelve copies of said environmental impact report shall be submitted with the preliminary plat application for any planned development.
(l)
A municipal development agreement, which shall mean a written
agreement between the Township and the developer relating to the planned
development.
I.
In any proposed development within any portion of an area of special flood hazard as delineated in § 405-6, the application for such proposed development shall, in addition to the details required to be shown in Subsections A through H hereof, also show or be accompanied by the information required in § 405-25C of this chapter.
[Added 10-28-1982 by Ord. No. 244]
A.
Rules. The Planning Board may make rules governing the conduct of
hearings before such body, which rules shall not be inconsistent with
the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
[Amended 12-30-2009 by Ord. No. 649]
B.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law
(N.J.S.A. 2A:67A-1 et seq.) shall apply.
C.
Testimony. 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 to 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.
D.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
E.
Records. The Board shall provide for the verbatim recording of the
proceedings by either stenographic, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense.
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
A.
Public notice shall be given by publication in the official newspaper
of the municipality at least 10 days prior to the date of the hearing.
B.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate or duplicates located in the state and
within 200 feet in all directions of the property which is the subject
of such hearing, provided that this requirement shall be deemed satisfied
by notice to the condominium association, in the case of any unit
owner whose unit has a unit above or below it, or horizontal property
regime, in the case of any co-owner whose apartment has an apartment
above or below it.
(1)
Such notice shall be given by serving a copy thereof on the owner
as shown on the said current tax duplicate or his agent in charge
of the property or by mailing a copy thereof by certified mail to
the property owner at his address as shown on the said current tax
duplicate. A return receipt is not required.
(2)
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept on behalf of the corporation. Notice to a condominium
association, horizontal property regime, community trust or homeowners'
association, because of its ownership of common elements or areas
located within 200 feet of the property which is the subject of the
hearing, may be made in the same manner as to a corporation without
further notice to unit owners, co-owners or homeowners on account
of such common elements or areas.
C.
Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other county land or situated within 200 feet of a municipal boundary.
E.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with an administrative officer pursuant to N.J.S.A. 40:55D-10.
G.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing, and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
H.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing; the nature of the matters to be considered; identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office; and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
[Amended 8-2-1990 by Ord. No. 360]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the appropriate administrative officer shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice pursuant to § 405-78B of this chapter.
A.
Each decision on any application for development shall be reduced
to writing, as provided in this section, and shall include findings
of facts and conclusions based thereon.
B.
Failure of a motion to approve an application for development to
receive the number of votes required for approval shall be deemed
an action denying the application.
C.
The municipal agency may provide such written decision and findings
and conclusions either on the date of the meeting at which the municipal
agency takes to grant or deny approval or, if the meeting at which
such action is taken occurs within the final 45 days of the applicable
time period for rendering a decision on the application for development,
within 45 days of such meeting by the adoption of a resolution of
memorialization setting forth the decision and the findings and conclusions
of the municipal agency thereon. An action resulting from the failure
of a motion to approve an application shall be memorialized by resolution
as provided above, notwithstanding the time at which such action occurs
within the applicable time period for rendering a decision on the
application.
D.
The adoption of a resolution of memorialization pursuant to this
section shall not be construed to alter the applicable time period
for rendering a decision on the application for development. Such
resolution shall be adopted by a vote of a majority of the members
of the municipal agency who voted for the action previously taken,
and no other member shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of an action of the municipal
agency and not to be an action of the municipal agency, except that
failure to adopt such a resolution with the forty-five-day period
shall result in the approval of the application for development, notwithstanding
any prior action taken thereon.
E.
Whenever a resolution of memorialization is adopted in accordance
with this section, the date of such adoption shall constitute the
date of the decision for purposes of the mailings, filings and publications.
F.
A copy of the decision shall be mailed by the Board within 10 days
of the date of decision to the applicant or, if represented, then
to his attorney, without separate charge. A copy of the decision shall
also be mailed to all persons who have requested it and who have paid
the fee prescribed by the Board for service. A copy of the decision
shall also be filed with the office of the Municipal Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the municipality.
[Amended 12-30-2009 by Ord. No. 649]
A brief notice of every final decision shall be published in
the official newspaper of the municipality. At a minimum, the notice
shall clearly identify the nature of the Board action requested; the
public meeting or meetings at which the matter was heard and decided;
and whether or not the application was granted. Such publication shall
be arranged by the administrative officer of the Planning Board without
separate charge to the applicant. Said notice shall be sent to the
official newspaper for publication within 10 days of the date of such
decision.
[Amended 12-30-2009 by Ord. No. 649]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development submitted to the Planning Board
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; or, if it is shown that taxes or assessments
are delinquent on said property, any approvals or other relief granted
by the Board shall be conditioned upon either the prompt payment of
such taxes or assessments or the making of adequate provisions for
the payment thereof in such manner that the municipality will be adequately
protected.
