A.
General requirements. An applicant shall submit 10 copies of an application
on the form prescribed by the Joint Land Use Planning Board (attached
as Exhibit A,[1] which may be updated from time to time), together with
additional documents as outlined below. One copy of the application
submission must be submitted directly by the applicant to each of
the Board's professionals.
(1)
Completed application forms and checklists corresponding to
the requested relief which shall contain an acknowledgment signed
by the applicant stating that the applicant is familiar with the procedure
set forth herein for submitting and acting upon applications for relief
and to be bound by it.
(2)
Certificate from the Township Tax Collector that all taxes and
assessments are paid to date.
(3)
Copies of any existing/proposed protective covenants or deed
restrictions applying to the land being developed.
(5)
A completed IRS W-9 Form.
(6)
A completed statement of ownership form, which shall contain
a certification that the applicant is the owner of the land or the
properly authorized agent of the owner, or that the owner has consented
to the application under an option agreement.
(7)
A signed consent to enter property form.
(8)
Plans and drawings. The applicant shall submit 10 copies of
a plan or plans and one reduced size plat or plan printed on 11 by
17 sized paper and which describes the integrated or overall development
of the tract of land for which variance, site plan or subdivision
approval is required, drawn to a scale of not less than one inch equals
50 feet. Plans shall be printed on one 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 plat and/or plan
must be signed and sealed by a New Jersey licensed professional engineer,
or other representative deemed acceptable by the Riverside Township
professional staff and folded into eights with the title block revealed.
The plan or plat shall generally contain:
(a)
The location, use and dimensions of the land to be included
and the zoning district or districts in which located.
(b)
The size, shape, location, arrangement and dimensions of any
existing or proposed buildings, structures, parking areas, loading
areas, open space, entrances, exits, streets and sidewalks.
(c)
All setback, lot and right-of-way lines and the dimensions,
locations and purposes of all easements.
(d)
A chart showing the comparison of the zoning district and parking
regulations, as set forth in this chapter, with the development or
use proposed. Included within this comparison shall be all the lot,
dimensional, height and setback comparisons along with coverage and
parking comparisons. The gross floor area of all buildings shall be
shown, including a separate tabulation for cellars and basements.
(e)
For major site plans only, existing and proposed contours with
intervals of one foot. The location of any existing or proposed ditches,
swales, berms or streams shall also be shown.
(g)
For major site plans only, all existing and proposed waterlines,
sanitary sewer lines, gas lines, utility poles and fire hydrants.
(h)
All existing and proposed signs and lighting.
(i)
A complete landscape plan, including size and type of existing
and proposed plantings, and provisions to be made for maintenance
of same.
(j)
A description, rendering, sketch or picture of the existing
and proposed building and other structures, including front, side
and rear elevations.
(k)
The proposed floor plan, including a typical floor plan for
each type of dwelling unit in a proposed multiple dwelling.
(l)
The location of refuse storage areas, the handling of solid
waste and the method of handling and disposing of recyclable materials.
(m)
Any other information which is deemed to be necessary for the
review of the site plan by the Planning Board, including but not limited
to:
[1]
Information sufficient to demonstrate that satisfactory arrangements
can be made to accommodate probable increases in traffic and to facilitate
traffic movement on all streets in the vicinity of the proposed use.
[2]
Sufficient data in all instances to enable the Planning Board
to judge the effectiveness of the design and character of the proposed
development, to consider properly the relationship of the proposed
development or use to surrounding development, anticipated traffic,
public health, safety and general welfare and the like and to determine
that the proposed plan and use comply with the requirements of the
district and all other pertinent requirements of the Township of Riverside
and are consistent with the concepts and intent of the Township Master
Plan, as amended.
(9)
Major subdivision and major site plan applications, as defined in § 255-15, shall be subject to both a preliminary and a final hearing.
(10)
Prior to any subdivision of property, any existing lots to be
included in the proposed subdivision must be consolidated.
[1]
Editor's Note: Said forms are available from the Township
offices.
B.
Details required for minor/preliminary major subdivision plat and
minor/preliminary major site plan applications.
(1)
Each plat shall be drawn from a field survey by a professional
engineer or land surveyor licensed to practice in the State of New
Jersey and shall bear the signature, seal, license number and telephone
number of such professional engineer or land surveyor. All engineering
data shall be signed and sealed by a professional engineer, and all
surveying data shall be signed and sealed by a professional land surveyor.
(2)
Each submission shall be drawn at an appropriate scale of not
less than one inch equals 50 feet and shall be submitted on one 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.
(3)
If one sheet is not sufficient to contain the entire project
site, the property may be divided into sections to be shown on separate
sheets of equal sizes, with reference on each sheet to the adjoining
sheets. Each subdivision plat and site plan shall show the following
information, as applicable:
(a)
A key map showing the entire project site and its relation to
the surrounding area, at a scale of one inch equals not more than
2,000 feet.
(b)
A title block in accordance with the rules governing title blocks
for professional engineers, N.J.A.C. 13:4-8.2, including:
[1]
The name of the subdivision or development and Township of Riverside,
Burlington County.
[2]
The name, title, address and telephone number of the applicant.
[3]
The name, title, address and license number of the professional
or professionals who prepared the plat or plan.
[4]
The name, title and address of the owner(s) of record.
[5]
The scale, in written and graphic form.
[6]
The date of original preparation and of each subsequent revision
thereof, and a list of the specific revisions entered on each sheet.
(c)
North arrow.
(d)
For both subdivisions and site plans, the square footage or
acreage of the project site to the nearest hundredth of an acre, not
including areas within public rights-of-way. For site plans, a computation
of the area of the project site to be disturbed.
(f)
The existing tax sheet number(s) and existing block and lot
number(s) of the lot(s) to be subdivided or developed as they appear
on the Township Tax Map, and proposed block and lot numbers, as provided
by the Township Tax Assessor upon written request.
(g)
The subdivision or development boundary line must be shown as
a heavy solid line.
(h)
The location of existing and proposed:
[1]
Property lines, with bearings and distances;
[2]
Streets, alleys, structures with their numerical dimensions
and an indication as to whether existing structures will be retained
or removed;
[3]
Parking spaces, loading areas, driveways, watercourses, railroads,
bridges, culverts, and drainpipes;
[4]
Any natural features, such as wetlands and trees;
[5]
Any historic landmarked areas or sites; and
[6]
Any redevelopment areas, as indicated on the Township's Zoning
Map.
(i)
The location and width of all existing and proposed utility
easements.
(j)
Zoning districts on and adjacent to the project site, including
district names and requirements, with proposed variance requests.
(k)
Proposed buffer and landscaped areas.
(l)
Delineation of floodplains, including both floodway and flood-fringe
areas.
(m)
Contours, as shown on the USGS topographic maps.
(4)
The names and lot and block numbers of all property owners within
200 feet of the extreme limits of the project site, as shown on the
most recent tax list prepared by the Township's Tax Assessor.
(5)
A certificate from the Township Tax Collector that all taxes,
assessments and/or any municipal liens are paid to date shall be provided
with the application.
(6)
No subdivision involving any street(s) requiring additional
right-of-way or cartway width, as specified in the Master Plan or
Official Map and the street requirements of this chapter, shall be
approved unless such additional right-of-way, either along one or
both sides of such streets, as applicable, shall be granted to the
Township of Riverside or other appropriate governmental agency.
(7)
No subdivision involving any corner lot shall be approved unless
a sight triangle shall be granted as specified in this chapter.
(8)
Deed descriptions, including metes and bounds, easements, covenants,
restrictions and roadway and sight triangle dedications, shall be
submitted for approval prior to filing with the county recording officer.
C.
Details required for preliminary major subdivisions and preliminary
major site plan applications.
(2)
Additional requirements for preliminary major site plan applications.
(a)
The location and species associations of all existing individual
trees or groups of trees having a caliper of eight inches or more
measured three feet above the ground level on portion(s) of the site
that are proposed to be disturbed. The proposed location of all proposed
plantings shall be indicated and a legend provided listing the botanical
and common names, the sizes at time of planting, the total quantity
of each plant, and the location of each plant keyed to the plan or
plat.
(b)
All existing and proposed bridges, culverts, drainage swales,
and watercourses both on the project site and within 200 feet of its
boundaries shall be shown. Cross sections of the watercourses and/or
drainage swales must be provided at an appropriate scale showing the
extent of the floodplain, top-of-bank, normal water levels and bottom
elevations.
(c)
Existing and proposed contours with intervals of five feet.
All contour information shall refer to a known datum. Existing contours
shall be shown as a dashed line; finished grades shall be shown as
a solid line.
(d)
A soil erosion and sediment control plan as required by N.J.S.A.
4:24-39 et seq.
(e)
Locations of all existing structures, showing existing and proposed
front, rear and side yard setback distances, an indication of whether
the existing structures and uses will be retained or removed, and
any landmark areas or sites.
(f)
The size, height and location of all proposed buildings, structures,
signs and lighting facilities.
(g)
A zoning compliance table demonstrating conformity to the requirements
of the zoning district(s) in which the property is located. Information
to be shown on this table must include, but is not limited to, lot
size, lot coverage, building setbacks, building height, floor area
ratio, and parking requirements, as well as whether or not any variances
are being requested. All tract and lot sizes shall be expressed in
square feet and shall include bearings and distances.
(h)
Architectural drawings, which shall include:
[1]
Proposed floor plans.
[2]
Proposed elevations.
[3]
Indication of room sizes and building height of proposed/existing
structures on both floor plans and elevations.
[4]
Materials and manufacturers of building details including windows
and siding.
[5]
Color palette for proposed structures, including but not limited
to facade, trim, and roof.
[6]
Proposed facade details including, but not limited to doors,
shutters, and cornices.
[7]
Materials, sizes and treatments for all porches, stoop areas, garden walls, planters and stair railings, as well as landscaping in accordance with § 255-149.
[8]
Height, size, boundaries and entry/gate locations for all fencing.
[9]
Locations, type and character of all proposed wall-mounted light
fixtures, mail boxes and any other exterior building features.
[10]
Proposed paving patterns and brick work for sidewalks,
driveways and parking areas.
[11]
Size, color, materials for any proposed building
signage, unless already included on engineering drawings, as well
as scaled representations on elevations including verbiage and font
style.
(i)
The proposed location, direction of illumination, power and type of proposed outdoor lighting, including details of lighting poles, luminaries and hours of operation in accordance with § 255-154. This information shall be provided in both textual form and shown on the plat. A proposed landscaping, screening, buffering and open space plan in accordance with § 255-131 and § 255-147.
(j)
The location and design of any off-street parking area, showing size and location of parking spaces, aisles and barriers. Landscaping in parking areas shall be provided in accordance with the provisions of § 255-142.
(k)
Proposed public art and location of such art to be provided
by the applicant as part of the proposed project, as applicable.
(l)
All means of vehicular access and egress to and from the site onto public streets and alleys showing the site and the location of driveways, cartways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent vehicular conflicts. Curb cuts are discouraged on major arteries unless no alternate practicable means to access the site are available. All curb cuts are subject to review and approval by the Township's professionals. At the discretion of the Planning Board, a traffic impact study may be required to assess the traffic impacts that are expected to result from a proposed development. In the event that a traffic impact study is required, sufficient escrow must be provided by the applicant to cover the costs of professional review services for the study, per § 255-20D(2).
(m)
The application shall include plans and computations for any storm drainage system(s) in order to demonstrate compliance with the provisions of this chapter, and § 255-148, Stormwater management, of the Township Code, including but not limited to the following:
[1]
All existing or proposed storm lines within or adjacent to the
tract showing size and slope of the lines, direction of flow and the
location of each catch basin, inlet, manhole, culvert and headwall
in plan and profile.
[2]
A map drawn to scale, minimum scale one inch equals 50 feet,
showing the contributing area to each inlet or cross drain.
(n)
The location of existing infrastructure such as water and sewer
mains, utility structures, gas transmission lines and high tension
power lines on the project site and within 200 feet of its boundaries.
(o)
Plans of proposed infrastructure improvements and utility layouts,
including sewers, storm drains and waterlines and feasible connections
to gas, telephone and electrical utility systems.
(p)
Plans for proposed streets including typical cross sections
and construction details, horizontal and vertical alignments of the
center line of all proposed streets and of all existing streets abutting
the project site. The vertical alignments shall be based on USGS vertical
datum and shall include curbing, sidewalks, storm drains, drainage
structures and cross sections every half and full station of all proposed
streets and of all existing streets abutting the project site. Sight
triangles, the radius of curblines and street sign locations shall
be clearly indicated at all intersections.
(q)
Any protective covenants or deed restrictions applying to the
land being developed shall be indicated on the submitted subdivision
plat or site plan.
(r)
Any proposed permanent monuments shall be shown, in accordance
with the Map Filing Act, N.J.S.A. 46:23-9.9 et seq.
(s)
The applicant shall submit a subdivision application to the
Burlington County Planning Board for review and approval.
(3)
Consideration of built context.
(a)
In addition to the above requirements, the Planning Board shall
consider the relation of proposed structures to the surrounding built
environment in its review of site plan applications. Proposed structures
shall be related harmoniously to themselves and to existing topography,
buildings and roads in the vicinity of the project site. The achievement
of a harmonious relationship may include the creation of focal points
with respect to public views of the site, surrounding terrain and
other buildings. Proposed structures shall be sited so as to minimize
any adverse impact upon the surrounding area and particularly upon
any nearby residences by reason of:
(b)
Appropriate natural or artificial screening may be required
to minimize any potential adverse impacts.
(4)
The Township and the Joint Land Use Planning Board reserve the
right to require additional information before granting a preliminary
subdivision and/or site plan hearing or approval when, in their judgment,
such additional information is required in order for the Board to
make an informed decision or when unique circumstances affect the
project site or when the application for development poses special
problems for the project site and the surrounding area. Such information
shall include, but not be limited to, drainage calculations and traffic
impact analyses or engineering studies.
D.
Major development. In addition to the documents outlined in Subsection A above, an applicant proposing a major development shall also submit:
E.
Checklists. The following instructions and checklists must also be
submitted with any application, which may be revised from time to
time, as necessary:
(1)
Minor subdivision application checklist;
(2)
Major subdivision: application for preliminary approval checklist;
(3)
Major subdivision: application for final approval checklist;
(4)
Minor site plan application checklist;
(5)
Major site plan: application for preliminary approval checklist;
(6)
Major site plan: application for final approval checklist;
(7)
Variance application checklist;
(8)
Conditional use checklist.
F.
Waiver and modification. In accordance with the provisions of N.J.S.A.
40:55D-51 and/or N.J.S.A. 40:55D-10.3, the Riverside Joint Land Use
Planning Board may waive or modify any of the above submission requirements
in any instance where the Planning Board finds that said requirements
are not necessary in order to review said site plan.
G.
Procedures for filing.
(1)
Applicants shall call the Planning Board Secretary to be scheduled
for conceptual site review prior to filing any applications. This
review may be conducted by the Planning Board Secretary and/or the
Development Review Committee.
(2)
After conceptual review, the applicant shall complete three copies of all necessary applications together with full-scale plans (if necessary) and return to site review at which time the plans will be turned over to the Board Engineer and Planner for professional review. The applications, plans and all information required by § 255-106, as well as proof of payment of taxes, shall be filed with the Secretary of the Joint Land Use Planning Board at least 30 days prior to the regularly scheduled meeting of the Board at which the applicant desires the application to be considered. No review will be undertaken by the Board's professionals until all fees are paid.
(3)
Fees will be calculated by the Board Secretary. The applicant
must provide a federal or tax identification number in order to establish
an escrow account. Once all fees and escrow are paid the professional
review will commence.
(4)
From this point, the applicant will deal directly with the Board
professionals, as necessary.
(5)
After the Board professionals are satisfied with the applicant's
submission, the applicant's plans may be deemed complete.
(7)
The applicant will then submit to the Board Secretary 10 copies
of the applications, plans and all supporting documents no later than
10 days prior to the date of the hearing. The Secretary shall retain
one copy of the application and other documents in his/her office
for review by any interested person during normal business hours and
shall forward the remaining copies to each member of the Joint Land
Use Planning Board.
(8)
The applicant will then make a full presentation to the Planning
Board.
(9)
The Planning Board shall make a determination on the applicant's
plan and issue a resolution of its decision.
(10)
The applicant shall publish in the official Township newspaper
all determinations of the Planning Board.
H.
All applicants shall obtain from the Township Tax Collector a certified list of property owners to whom the applicant is required to give notice pursuant to § 255-24 of this chapter. The official shall, pursuant to N.J.S.A. 40:55D-12c, within seven days after receipt of a request and upon receipt of payment of a fee as set forth in Chapter 202 of the Code of the Township of Riverside, make and certify a list from the current tax duplicates of the names and addresses of owners to whom the applicant is required to give notice. The applicant shall thereafter provide written notice by certified mail to all property owners, required utilities and any other required entity at least 10 days prior to the scheduled meeting of the Board where the application will be considered.
I.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every
application for development submitted to the Joint Land Use Planning
Board shall be accompanied by proof that no taxes, assessments for
local improvements or municipal liens are due or delinquent on the
property which is the subject of such application; or, if it is shown
that taxes, assessments or municipal liens are delinquent on said
property, any approvals or other relief granted by the Joint Land
Use Planning Board shall be conditioned upon either the prompt payment
of such taxes or assessments or the making of adequate provision for
the payment thereof in such manner that the municipality will be adequately
protected.
No application filed with the Joint Land Use Planning Board
may be withdrawn by the applicant without the consent of the Board.
The Board may condition its consent to withdraw upon such terms and
conditions as the Board deems appropriate, including for example the
condition that the applicant reimburse the Board and any objector
for all expenses, including attorneys' fees, incurred in responding
to the application. No application fees shall be returned to the applicant.
In determining whether to grant consent for withdrawal of an application,
the Board shall consider the following factors:
A.
The amount of time and effort spent by the municipality and its agents
in reviewing the application prior to the request for withdrawal.
B.
The lack of finality that would result if the application were permitted
to be withdrawn.
C.
The point in the proceedings at which time the request for withdrawal
is made.
D.
The interests of any member of the public that has opposed the application
and whether any such person has retained counsel or incurred other
expenses.
E.
Whether any conditions or terms could be imposed on the withdrawal
to mitigate the adverse consequences of withdrawal.
F.
Any other relevant factors or considerations that bear on the request
for withdrawal.
A.
Submission procedure. All land development applications (subdivision,
site plan, conditional use or variance relief) shall be processed
in the following manner:
(1)
The applicant for development approval shall submit a complete
application form along with all of the required documents, plans,
and fees to the Planning Board Secretary at least 30 days prior to
the Planning Board meeting at which the applicant wishes to be heard.
(2)
The Planning Board Secretary shall determine that all of the required documents have been submitted to be administratively complete and shall note the date of the receipt of the application on the application form. The Planning Board Secretary's administrative completeness determination shall not be considered a determination that the application is complete pursuant to Subsection C of this section.
B.
Distribution of documents. The applicant shall forward copies of
the application to the Board's Engineer for a completeness review.
C.
Completeness determination required. All development applications
must be deemed complete before the application is to be considered
by the Planning Board. Applications will not be placed on the Board's
agenda until the application is determined to be complete by the Board
Engineer and is scheduled by the Planning Board Secretary. Public
notices shall not be published or distributed until an application
has been placed on a regular or special meeting agenda by the Planning
Board Secretary. The Board Engineer shall certify that an application
is complete within 45 days of submission. The time for a decision
on the development application will only commence when an application
is deemed complete. The failure of the Board Engineer to act within
45 days of the submission shall result in the application being deemed
complete by default.
D.
Completeness review process. The Planning Board Engineer, with the
assistance of the Board Secretary, Planner and Attorney, as may be
required, shall review each development application for the purpose
of determining whether it is complete and worthy of the technical
review process. The Board Engineer shall certify to the Board Secretary
within 45 days of the receipt of the application that the application
is to be deemed complete or incomplete.
(1)
If the application is found to contain all of the information
required by this chapter, the Board Engineer shall determine the application
to be complete and shall direct the Planning Board Secretary to schedule
the application for a regular or special meeting of the Planning Board.
(2)
If said application is found to lack substantive information
that could impact the review of the application, the Board Engineer
shall determine the application to be incomplete and shall cause the
applicant to be notified, in writing, that said application is incomplete
and shall specify the deficiencies in the application.
E.
Time limit. On the date the aforesaid application is certified complete,
or on the 46th day following the submission of the application in
the event that the Board Engineer fails to make a determination of
completeness, as the case may be, the applicable time period within
which the Board must act upon the application shall commence. In any
case, the applicant is obliged to prove that he or she is entitled
to approval of the application. The Board may subsequently require
correction of any information found to be in error, may require submission
of additional information not specified in this chapter and/or may
require revisions in the application documents, all as are reasonably
necessary to make an informed decision as to whether the requirements
for approval of the application have been met; provided, however,
that the application shall not be deemed incomplete for lack of any
such additional information or revisions.
F.
Time for action by the Board. The Board shall take action on any
development application within 45 days after the application has been
certified complete or within such further time as may be consented
to by the applicant. Failure of the Board to act within the prescribed
time period shall constitute approval of the application, except in
the case of the following circumstances:
(1)
Any preliminary site plan or subdivision application which includes any request for variance relief pursuant to N.J.S.A. 40:55-60 and § 255-101 of this chapter shall be acted upon within 120 days, or within such further time as may be consented to by the applicant.
(2)
Any preliminary site plan application involving more than 10 acres of land, more than 10 dwellings or a preliminary subdivision application involving more than 10 lots shall be acted upon within 95 days after the application has been certified complete, or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary site plan or preliminary subdivision application which includes any variance request pursuant to N.J.S.A. 40:55D-60 and § 255-101 shall be acted upon within 120 days, or within such further time as may be consented to by the applicant.
G.
Minor technical changes to approved plans; administrative review.
Should a minor technical change to an approved plat or plan be required
as a result of field conditions related to code or health and safety
issues, the Joint Land Use Planning Board may defer consideration
and approval of such minor technical changes to the Township Engineer
or other Township official, as the case may be.
H.
Considerations by Board.
(1)
The recommendations of those agencies and officials to whom
the plat or plan was submitted shall be given careful consideration
in the final decision on the development application. If the County
Planning Board approves the submission, such approval shall be noted
on the plat or plan. If the Board acts favorably on the final plat
or plan, the Chairperson and Secretary of the Board, or the Acting
Chairperson or Secretary where either or both may be absent, shall
affix their signatures to at least five paper copies of the plat or
plan, with the notification that it has been approved.
(2)
If the Board, after consideration and discussion of the preliminary plat or plan determines that it is unacceptable, a notation shall be made by the Chairperson of the Joint Land Use Planning Board to that effect on the plat or plan, and a resolution shall be adopted in accordance with § 255-106G(9) setting forth the reasons for such rejection. One copy of the plat or plan and such resolution shall be returned to the applicant within 10 days of the adoption of such resolution.
No construction permit shall be issued for any new structure, for any modification to an existing structure or for any addition to an existing structure, and no certificate of occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the Riverside Township Joint Land Use Board, except that a construction permit for additions to any existing building of 1,000 square feet or less of floor area shall not require site plan approval. Applications for a conditional use permit may require site plan review and approval, per § 255-98 of this code.
A.
At the request of the developer, one informal review of a concept
plan for a development for which the developer intends to prepare
and submit an application for development may be made by the Board's
Development Review Committee. Applicants proposing major or unique
development are encouraged to request an informal review prior to
making formal application.
B.
The developer shall not be required to submit any fees for the one
informal review by the Board's Development Review Committee; however,
no professional review(s) will be undertaken of any concept plat or
concept plan.
C.
The developer shall not be bound by any concept plan for which review
is requested, and the Planning Board shall not be bound by any such
review.
D.
A developer desiring to have a concept plan informally reviewed by
the Board's Development Review Committee, or by the Planning Board
shall so notify the administrative officer at least 14 days prior
to the next regularly scheduled monthly meeting of the Planning Board.
The administrative officer shall thereafter notify the developer of
the time and place of the informal review which has been scheduled.
A.
Preliminary review of major and minor site plans.
(1)
The Joint Land Use Planning Board shall make a preliminary review of the application at the first regularly scheduled meeting of the Planning Board occurring within 45 days after the filing of the application as set forth in § 255-108F.
(2)
The applicant and/or his/her attorney, architect, engineer or
contractor shall be present at the preliminary review to testify as
to the proposed site plan application, and any other interested person
shall have the right to testify and be heard.
(3)
At the preliminary review, the applicant shall present proof of notice as required by § 255-24F. In the event that the applicant fails to comply with the notice provisions of § 255-24, the application shall not be considered until the next regularly scheduled meeting of the Planning Board at which proper proof of notice is presented.
(4)
In conducting a preliminary review, the Planning Board may make
suggestions for modifications, revisions or alterations of the proposed
site plan. In the event that the applicant accepts such modifications,
revisions or alterations of the site plan, the applicant shall file
with the Board Secretary, at least 14 days prior to final review,
all plans, drawings and other information necessary to incorporate
such modifications, revisions or alterations in the site plan.
(5)
Upon the submission to the Board Secretary of a complete application for a site plan for 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief pursuant to § 255-18A(5) or § 255-19 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Secretary of the Planning Board or within some further time as may be consented to by the applicant.
(6)
Upon the submission of a complete application for a site plan
of more than 10 acres or more than 10 dwelling units, or for a conditional
use approval, the Planning Board shall grant or deny preliminary approval
of the site plan and/or approval of the conditional use within 95
days of the date of such submission or within such further time as
may be consented to by the applicant.
(7)
Amended application. If the Planning Board requires any substantial
amendment in the layout of improvements proposed by the developer
that have been the subject of a hearing, an amended application for
development shall be submitted and proceeded upon as in the case of
the original application for development. The Planning Board shall,
if the proposed development complies with this chapter, grant preliminary
subdivision of site plan approval.
B.
Final review of major and minor site plans.
(1)
The Planning Board shall take final action on all applications
for site plan approval at the first regularly scheduled meeting of
the Planning Board following preliminary review.
(2)
In the event outside approvals are required by the preliminary
approval, an application for final site plan approval must be made
in a separate hearing and the Joint Land Use Planning Board may not
consider such a request for final approval contemporaneously with,
or at the same hearing as a preliminary site plan approval is considered.
(3)
The applicant and/or its attorney, architect, engineer or contractor
shall be present at the final review to testify as to the proposed
site plan application, and any other interested person shall have
the right to testify and be heard.
(4)
At the final review, the applicant shall again present proof of notice as required by § 255-24F. In the event that the applicant fails to comply with the notice provisions of § 255-24, final action shall not be taken until the next regularly scheduled meeting of the Planning Board at which proper proof of notice is presented.
(5)
In the event that all plans and drawings and other information
incorporating all modifications, revisions or alterations of the proposed
site plan agreed to by the applicant at preliminary review have not
been filed as required by the Planning Board shall take no final action
until same have been properly filed.
(6)
The Planning Board shall grant final approval if the detailed
drawings, specifications and estimates of the application for final
approval conform to the standards established by this chapter for
final approval, the conditions of preliminary approval and, in the
case of a major subdivision, the standards prescribed by the Map Filing
Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9), provided that, in the
case of a planned development, the reviewing body may permit minimal
deviations from the conditions of preliminary approval necessitated
by change of condition beyond the control of the developer since the
date of preliminary approval without the developer being required
to submit another application for development for preliminary approval.
(7)
In the event of approval with conditions, no building permit
shall be issued until the applicant submits building plans incorporating
the conditions imposed.
(8)
No certificate of occupancy shall be issued and no occupancy
shall take place until and unless all construction and required improvements
shall be completed in conformity with the approved site plan and any
conditions required under the terms of the site plan approval.
C.
Standards for granting final approval in sections. Unless an applicant
shows good cause why less restrictive standards should apply, the
Joint Land Use Planning Board shall require the following standards
to be met for granting final approval to a section or sections of
the preliminary subdivision plat or site plan:
(1)
The gross area of land to be developed shall not be less than
one acre;
(2)
Each section shall not be less than 1/2 acre in area and, in
the case of a subdivision, shall contain not fewer than 10 building
lots;
(3)
Not more than four sections shall be approved;
(4)
All infrastructure (streets, curbs, sidewalks, water and sewer
lines, drainage facilities and utility service) required to serve
the development within a section shall be included within that section;
and
(5)
Each section shall be designed both so as to stand alone in
the event that development of the entire tract is not completed, and
so as to be integrated into the development of the entire tract and
adjoining tracts related to it.
D.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the administrative officer of the municipal
agency or within such further time as may be consented to by the applicant.
Failure of the Joint Land Use Planning Board to act within the period
prescribed shall constitute final approval of the application for
final approval as submitted, and a certificate of the Secretary of
the Planning Board as to 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 required evidence of approval.
E.
Transfer and/or sale of land prior to final approval. If before final
subdivision approval has been granted, any person transfers or sells
or agrees to transfer or sell, except pursuant to an agreement expressly
conditioned on final subdivision approval, as owner or agent, any
land which forms a part of a subdivision for which Township approval
is required by this chapter, such person shall be punishable as provided
in this chapter and each lot disposition so made may be deemed a separate
violation. The Township may also institute and maintain a civil action
for injunctive relief and to set aside and invalidate any conveyance
made pursuant to such a contract of sale if a certificate of compliance
has not been issued in accordance with this chapter.
In addition to the requirements of this chapter and of the Township
of Riverside Master Plan, as amended from time to time, the following
standards shall be used by the Planning Board as guidelines in reviewing
site plan applications:
A.
The existing landscape shall be preserved in its natural state insofar
as possible and tree and soil removal kept to a minimum. Grade changes
shall be made in keeping with the general appearance of neighboring
developed areas. New landscaping and grass and ground cover areas
shall be developed as screening and environmental protection for the
site.
B.
Proposed structures shall be related harmoniously to the terrain
and to existing buildings and structures in the vicinity that have
a visual relationship to the proposed development. Provision shall
be made for screening of all parking, service and loading areas, playgrounds,
equipment and storage areas from adjacent properties.
C.
Adequate provision shall be made for vehicular and pedestrian circulation,
including walkways, interior drives and parking. Special attention
shall be given to location and number of access points to the public
streets, width of interior drives, general interior circulation, separation
of pedestrian and vehicular traffic and arrangement of parking areas
that are safe and convenient and do not detract from the design of
proposed structures and the neighboring properties.
D.
Provision shall be made for the proper location and adequate intensity and direction of outdoor lighting, so that lighting shall be reflected away from adjoining premises and public rights-of-way. The size, location, design, color, texture, lighting and materials of all signs shall not detract from the design of the proposed buildings and structures and the surrounding properties and streets or create confusion with other signs or for drivers of vehicles or pedestrians, and shall conform to the provisions of § 255-157.
E.
There shall be a careful review by the Riverside Sewer Authority,
at the applicant's expense, of the anticipated average and maximum
rates of sewage flow from any proposed structure, and a determination
shall be made, to the satisfaction of the Planning Board, that existing
sewerage and sewage treatment capacity are sufficiently adequate to
convey and treat such anticipated sewage flow.
F.
The Planning Board, after consultation with the Township Engineer,
shall determine that there is adequate provision for drainage from
the proposed site, such drainage to be so arranged that no deleterious
effect can reasonably be expected in this regard upon adjacent properties
or upon the general health and welfare of the community.
G.
The Planning Board shall be assured that the proposed development
will not interfere with the ecological balance of the community or
the surrounding properties.
H.
Adequate provision shall be made for the collection, disposition
and recycling of recyclable materials consistent with the goals of
the state recycling plan.
A.
Continued applications. For any application that is heard by the
Joint Land Use Planning Board and is continued for additional studies,
reports, plans or revisions to previously submitted material, the
new or revised material, the new or revised material must be submitted
to the Planning Board Secretary at least 10 days prior to the hearing
at which the new material is to be considered by the Board.
B.
Certification of approval. When a subdivision or site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made, and at least five prints of the plat or plan and any related deed descriptions to be filed with the county recording officer shall be signed by the Board Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required, and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward the applicant a copy of the approved resolution, adopted in accordance with § 255-26A of this chapter, within 10 days of its adoption by the Board.
C.
Disapproval. When a subdivision or site plan is disapproved by the Joint Land Use Planning Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with § 255-26A of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.
D.
Performance assurances. In approving a site plan, the Planning Board
may require that the applicant first furnish to the Township a surety
performance bond, guaranty or other form of security, acceptable in
form and content to the Township Solicitor, for the purpose of assuring
the completion and maintenance of such off-site and on-site improvements
included in the site plan as will affect the public health, safety
or general welfare, such as but not limited to drainage, streets,
curbs, gutters, curb cuts, fire hydrants, recreational areas, shade
trees, shrubbery, other landscaping, trash disposal, off-street parking,
loading and unloading zones, artificial lighting and sidewalks. Such
surety performance bond, guaranty or other form of security shall
be required for no more than two years after issuance of the certificate
of occupancy.
E.
Failure to act deemed approval. The failure of the Planning Board
to act within the time periods prescribed by N.J.S.A. 40:55D-1 et
seq. shall constitute final approval; provided, however, that the
time periods prescribed herein may be extended by mutual agreement
between the Planning Board and the applicant.
F.
Effect of County Planning Board approval.
(1)
In the event that Burlington County Planning Board approval
of the site plan is required, a building permit shall not be issued
following Riverside Joint Land Use Planning Board approval until the
Riverside Joint Land Use Planning Board is notified by the Burlington
County Planning Board.
In the event that an application for development requires an
approval by a governmental agency other than the Joint Land Use Planning
Board, the Board shall, in appropriate circumstances, condition approval
upon the subsequent approval of such governmental agency, provided
that the Board shall make a decision on any application for development
within the time period provided in this chapter, or within an extension
of such period as has been agreed to by the applicant, unless the
Board or Township is prevented or relieved from so acting by operation
of law.
A.
All subdivisions, as defined under § 255-97, are subject to the review procedures specified herein, for the purpose of preventing the creation of undersized lots so as to maintain the character and integrity of the Township's neighborhoods.
B.
Adverse effect. Any proposed application for development determined
by the Board to be creating, imposing, aggravating or leading to the
possibility of an adverse effect upon either property in question
or upon any adjacent properties may be required to be revised to remove
any adverse effect(s) prior to further review or approval by the Board;
or, where the remaining portion of the original tract is sufficient
to be subdivided or developed further, the applicant may be required
to submit a sketch of the entire remaining portion of the tract to
indicate a feasible plan whereby the applied for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any adverse
effect.
C.
Upon the submission to the Secretary of the Planning Board of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for subdivision approval also involves and application for relief pursuant to § 255-18A(5) or § 255-19 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant.
D.
Upon the submission of a complete application for a subdivision of
more than 10 lots, the Planning Board shall grant or deny preliminary
approval within 95 days of the date of such submission or within such
further time as may be consented to by the developer.
E.
Subdivision filing.
(1)
Deed descriptions, including metes and bounds, easements, covenants,
restrictions, proposed block and lot numbers as provided by the Township
Engineer, roadway and sight triangle dedications shall be submitted
for approval and required signatures prior to filing with the County
Recording Officer.
(2)
Within 190 days from the date on which the resolution of municipal
approval of a minor subdivision is adopted by the Joint Land Use Planning
Board, a plat map drawn in compliance with the Map Filing Act, P.L.
190 c. 141 (N.J.S.A. 46:23-9.9 et seq.) or deed description, properly
drafted and signed by the Chairman and Secretary of the Board (or
the Acting Chairman or Secretary where either or both may be absent),
shall be filed by the subdivider with the County Recording Officer,
provided that if an applicant elects to file a deed, said deed shall
be accompanied with a photographically reduced copy of the approved
plat. Unless filed within the 190 days or an extension for filing
is granted by the Board, the approval shall expire and will require
Board approval as in the first instance.
(3)
The Board may extend the period of 190 days for filing a minor
subdivision or deed if the developer proves to the reasonable satisfaction
of the Board that the developer was barred or prevented, directly
or indirectly, from filing because of delays in obtaining legally
required approvals from other governmental or quasi-governmental entities
and that the developer applied promptly for and diligently pursued
the required approvals. The length of the extension shall be equal
to the period of delay caused by the wait for the required approvals,
as determined by the Board. The developer may apply for the extension
either before or after what would otherwise be the expiration date.
(4)
Before the Secretary of the Board returns any approved subdivision
or site plan to the applicant, the applicant shall provide additional
copies of the plat or plan as may be necessary in order to furnish
copies to each of the following:
(a)
Planning Board Secretary.
(b)
Township Engineer (in the case of subdivisions only, a map of
the plat drawn to the Tax Map scale of one inch equals 100 feet or
one inch equals 400 feet, as directed by the Board Engineer).
(c)
Construction Official.
(d)
Township Tax Assessor.
(e)
Such other Township, county or state agencies and officials
as directed by the Board.
A.
Purpose. The lot consolidation/lot line adjustment process is an
administrative review process in which there are limited requirements
to combine multiple lots into one parcel or to adjust a common lot
line affecting existing parcels. Parcels resulting from these procedures
must be consistent with all zoning requirements and other applicable
regulations. Lot consolidation is required prior to a building permit
being issued. In areas which are not well-defined, or where lots are
irregular in shape and/or are included in more than one plat, the
Township may require that lot consolidation occur through the major
subdivision platting requirements of this chapter.
B.
Qualification.
(1)
Lot consolidation. Two or more parcels, whether recorded platted
lots or not, may only be consolidated into one parcel.
(2)
Lot line adjustment. A lot line may be adjusted by relocating
a common boundary.
(3)
Rezoning. If the adjustment or combination would cause one of
the parcels to have two different zoning classifications, the applicant
must rezone the property to achieve a consistent zoning classification
for the newly created parcel.
(4)
Easements. Any easements that become unnecessary as a result
of the combination of parcels must be vacated. In addition, new easements
must be established where appropriate.
C.
Filing and review of application.
(1)
Before any contract is made for the sale of any part thereof,
and before any permit for the erection of a structure on such proposed
property shall be granted, the owner or authorized agent shall file
an application and secure approval of a lot consolidation or lot line
adjustment.
(2)
The Board Engineer shall review the application and required
information to determine conformance with the Zoning Code, Official
Map of the Township, and this chapter. The Board's Engineer shall
give final approval. In reviewing the application, the Board's Engineer
may request comments from other of the Board's consultants and may
refer the matter to the Development Review Committee, if necessary.
Unless a request for additional review time is requested by the Board's
Engineer, action on the application shall be made within 60 days.
D.
Information required for lot consolidation/lot line adjustment.
(1)
Number of copies required at the time of application. The developer
shall submit five large-scale copies, and two reduced-scale (11 inches
by 17 inches) copies of the required information to the Board Secretary,
who will transmit them to the Board's Engineer.
(2)
Required information. The following information shall be submitted
along with the application for lot consolidation or lot line adjustment:
(a)
A sealed survey prepared by a New Jersey licensed land surveyor
for all parcels involved, which includes:
[1]
Scale of not less than one inch equals 100 feet;
[2]
North point indication;
[3]
Original and proposed lot boundaries;
[4]
Existing and resulting parcel legal descriptions;
[5]
The location of existing structures on the sites;
[6]
Proposed driveway locations;
[7]
Existing and proposed easement locations;
[8]
Environmental constraints of the site; and
[9]
Existing and proposed utilities.
(b)
A title search showing ownership of the property and any existing
deed restrictions.
(c)
Metes and bounds description of the new lot.
(d)
Additional information, if deemed necessary and required by
the Township.
(e)
For good cause shown, certain requirements may be waived by
the Board's Engineer as not being pertinent to the lot consolidation/lot
line adjustment being sought.
(3)
Staking. The Township may require that the existing and proposed
lot corners be staked at the site in such a manner that they are visible
from the road for review by the Township and maintained throughout
the entire review process.
(4)
Lot consolidation agreement. A lot consolidation agreement prepared
by the applicant's attorney for review by the Township Attorney shall
be executed by all affected parties and recorded in the Burlington
County Clerk's office.
E.
Recording.
(1)
Deadline. The applicant shall record the appropriate documents
in the office of the Burlington County Clerk within 120 days after
the date of approval. If not recorded within the 120-day period, the
approval shall be considered void.
(2)
Copy to Township. The applicant shall, immediately upon receipt
of the recorded document from the Burlington County Clerk, furnish
the Township Zoning Officer with a copy of the document(s) showing
evidence of the recording and that all conditions of approval have
been met.
(3)
Building permit. No building permits shall be issued for construction
of any structure on any affected lots until the Township has received
evidence of the document(s) being recorded by the county.
(4)
Fees. At the time of filing a lot consolidation request, the
applicant shall submit an escrow fee in an amount shown on the fee
schedule of the Code of Riverside. Such escrow fee shall be sufficient
to cover the cost of the review by the Board's Engineer and for changes
made to the Official Tax Map of the Township of Riverside resulting
from the lot consolidation.
A.
Procedure. A final plat or final site plan shall be submitted to
the Board Secretary within three years after the date of preliminary
approval, or any authorized extension thereof. The applicant shall
submit to the Planning Board Secretary, at least 30 days prior to
the first regularly scheduled meeting of the Joint Land Use Planning
Board, as the case may be:
(1)
Ten completed copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 and the items of information required therein, attached to this chapter as Exhibit B.
(2)
Ten copies of the final subdivision plat and/or site plan at
a scale of not less than one inch equals 50 feet, printed on one of
the following standard sheet sizes: 8 1/2 inches by 13 inches,
15 inches by 21 inches, 24 inches by 36 inches, 30 inches by 42 inches.
The plat and/or site plan must be signed and sealed by a New Jersey
professional engineer and folded into eights with the title block
revealed.
(3)
One reduced-scale copy of the plat or plan printed on 11 by
17 sized paper.
(5)
An acknowledgment signed by the applicant stating that the applicant
is familiar with the procedure set forth herein for submitting and
acting upon final site plans and final subdivisions, and agrees to
be bound by it.
B.
Details required for final site plans.
(1)
All details stipulated in § 255-111A(4).
(2)
All additional details required at the time of preliminary approval.
(3)
Detailed architectural and engineering data including:
(a)
An architect's third angle projection drawing, with total envelope
dimensions, of each structure and sign or of a typical structure and/or
sign, showing front, side and rear elevations.
(b)
Cross sections, plans, profiles and established grades of all
streets, aisles, lanes and driveways, including center line geometry
and horizontal alignments with bearings, radii and tangents.
(c)
Plans and profiles of all storm and sanitary sewers and water
mains.
(4)
The final submission shall be accompanied by a certificate from
the Township Tax Collector that all taxes, assessments and/or municipal
liens are paid to date.
A.
Preliminary approval rights conferred. Preliminary approval of a major subdivision or site plan (except as provided in Subsection B of this section) shall confer upon the applicant the following rights for a two-year period from the date of the preliminary approval:
(1)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks,
lot size, yard dimensions and off-tract improvements; and, in the
case of a site plan, existing natural resources to be preserved on
the site; vehicular and pedestrian circulation, parking and loading,
screening, landscaping and location of structures; and exterior lighting,
both for safety reasons and streetlighting, except that nothing herein
shall be construed to prevent the Township from modifying by ordinance
such general terms and conditions of preliminary approval as relates
to public health and safety.
(2)
That the applicant 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 of site plan.
(3)
That on or before the expiration of preliminary approval the
applicant may apply for and the Planning Board may grant extensions
on such preliminary approval for additional periods of at least one
year but not to exceed a total extension of two years, provided that
if the design standards have been revised by ordinance, such revised
standards may govern.
B.
Preliminary approval rights conferred, major development. In the case of a subdivision or site plan for an area of one acre or more, the Joint Land Use Planning Board may grant the rights referred to in Subsection A above for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
C.
The Board shall grant an extension of the period for a time determined
by the Board but not exceeding one year from what would otherwise
be the expiration date if the developer proves to the reasonable satisfaction
of the Board that the developer was barred or prevented, directly
or indirectly, from proceeding with the development because of delays
in obtaining legally required approvals from other governmental entities
and that the developer applied promptly for and diligently pursued
the approvals. A developer shall apply for this extension before what
would otherwise be the expiration date or the 91st day after the date
on which the developer receives the last of the legally required approvals
from the other governmental entities, whichever occurs later.
The Riverside Joint Land Use Planning Board, acting as the Board
of Adjustment, shall render a decision not later than 120 days after
the date an appeal is taken from the decision of the Construction
Code Official or Zoning Officer or the submission of a complete variance
application. The time period for subdivision and/or site plan approval
shall be governed by the review process for those applications. The
failure of the Board to render a decision within such 120-day period
or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
