A.
Subdivision review. All subdivisions, as defined under § 120-203, are subject to the review procedures specified in this section below.
B.
Site plan review required. No construction permit shall be issued
for any new structure or for an addition or alteration to an existing
structure, and no certificate of occupancy shall be issued for any
change of use of an existing structure until a site plan has been
reviewed and approved by the municipality.
(1)
When a structure or activity shall satisfy any one of the following
criteria, a site plan shall be required when:
(a)
The new use requires an increase in the number of required parking
spaces;
(b)
The new use category has significantly different hours of operation
than the existing use;
(c)
The new use category requires any special pickup or discharge
of passengers from automobiles or any special loading or unloading
of materials;
(d)
The new use category involves the storage and/or handling of
chemicals or hazardous substances;
(e)
The new use category includes changes to the intensity of exterior
lighting;
(f)
The new use category will generate a volume of solid waste which
will or should require additional refuse receptacles in addition to
those which already exist; and
(g)
The new use will involve any exterior alterations to the building
beyond the placement of a permitted sign.
(h)
The use requires approval for relief under N.J.S.A. 40:55D-70(d).
(i)
The new development will involve a planned unit development,
creation of a new road or installation of off-tract improvements such
as sewer and water main or road improvements, but excluding incidental
off-site improvements such as curb and sidewalk replacement and utility
connections.
(j)
The new use will increase building and/or impervious coverage
on the site in an amount exceeding 10% of the current condition or
permitted maximum condition.
(2)
Exemptions and waivers.
(a)
A construction permit for a single-family detached dwelling
unit or a two-family dwelling unit and/or their accessory building(s)
or uses on a lot shall not require site plan approval.
(b)
The use of any existing or proposed principal or accessory building
for a home occupation as defined and permitted by this chapter shall
require a zoning permit prior to the issuance of a construction permit
or certificate of occupancy. The foregoing shall in no way affect
the responsibility of an applicant to submit the necessary information
and receive the necessary approvals as may be required pursuant to
other ordinances.
(c)
Any change of use from one permitted category of nonresidential
use to another permitted category of nonresidential use shall not
require site plan approval so long as it does not trigger any of the
criteria listed above.
(d)
Permitted accessory structures to residential and agricultural/horticultural
uses shall not require site plan approval.
(e)
Interior building alterations or changes in tenancy shall not
require site plan approval if all of the following conditions apply:
[1]
There is no change in use;
[2]
No additional parking is required;
[3]
No additional building area is proposed;
[4]
No variance is required;
[5]
There is no major change in circulation proposed such as drive-through
windows, ingress or egress drives, changes in internal circulation,
loading or unloading, delivery or pickup of goods and services or
trash collection; and
[6]
There are no major changes in a significant site facility or
improvement such as a drainage facility, buffer or landscaping features
and the like.
(f)
Fences not included as part of a site plan application shall
not require site plan approval, but shall require the issuance of
a zoning permit.
(g)
Signs not included as part of a site plan application shall
not require site plan approval, but shall require the issuance of
a zoning permit except as exempted in the signs section of this chapter.
(h)
An applicant may elect to file for preliminary and final approval
simultaneously to expedite the review process. The site plan shall
be prepared according to the requirements stipulated for final approval.
Developers electing to bypass the preliminary approval stage are doing
so at the peril of added expense if changes in design are required.
(i)
An applicant may request a waiver from filing certain elements
of minor site plan when such plan is required. The applicant shall
file a written waiver request along with a completed site plan application
and submit all required application and escrow fees for a full site
plan. The Planning Board shall have the power to, upon showing of
undue hardship or practical difficulties, grant a waiver from submission
of specific elements of a site plan at any time. An applicant seeking
a waiver of specific elements of a site plan shall do so at his or
her own risk however, as the Planning Board may, through the course
of an application, request additional pertinent information which
would be within the scope of a waived element.
C.
Variance relief. All applications for variance relief to the Planning
Board not involving any related site plan, subdivision or conditional
use approval shall be filed with the Administrative Officer at least
30 days prior to the regular meeting of the Board and shall include
15 copies of any maps and related material; 15 completed copies of
the appropriate application form(s), which includes the checklist.[1]
[1]
Editor's Note: The checklists are included at the end of this
chapter.
D.
Informal review by the Planning Board.
(1)
At the request of a developer, the Planning Board shall grant
one informal review regarding a concept plan for a development for
which a developer intends to prepare and submit an application for
development.
(2)
The developer shall be required to pay a fee for an informal
presentation of a concept plan in accordance with this chapter, which
fee shall be credited towards the fee for review of a development
application, if subsequently submitted; moreover, no professional
review(s) will be undertaken unless the developer has agreed to pay
for said review(s) and has established an escrow account also in accordance
with this chapter.
(3)
The developer shall not be bound by any concept plan for which
the review is requested, and the Planning Board shall not be bound
by any such review.
(4)
A developer desiring to have a concept plan informally reviewed
by the Planning Board shall so notify the Administrative Officer at
least 30 days prior to the regular meeting of the Board. The Administrative
Officer shall thereafter notify the developer of the time and place
which has been scheduled by the Planning Board for the informal review.
A.
Procedure for submitting minor subdivision plats and minor site plans.
The applicant shall submit to the Administrative Officer at least
30 days prior to the regular meeting of the Board: 18 copies of the
minor plat or plan; 18 copies of the appropriate application(s), which
includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached
to this chapter;[1] and a fee in accordance with this chapter. The application
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 minor subdivision plats and minor site
plans, and agrees to be bound by it. The Administrative Officer shall
process the application and shall issue an application number. Once
an application has been assigned a number, such number shall appear
on all papers, maps, plats or plans and other documents for processing
in conjunction with the application.
[1]
Editor's Note: The checklists are included at the end of this
chapter.
B.
Details required for minor subdivision plats and minor site plans.
Each minor plat or minor plan shall be drawn by a professional engineer
and/or land surveyor licensed to practice in the State of New Jersey
and shall bear the name, title, address, telephone number, license
number, seal and signature of the said professional engineer and/or
land surveyor; provided, however, that 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. Each
submission shall be drawn at an appropriate scale of one inch equals
not more than 20 feet and shall be submitted on one of the three following
standard sheet sizes (8.5 inches by 14 inches; 12 inches by 18 inches;
18 inches by 24 inches; or 24 inches by 36 inches), with all sheets
submitted of the same size, and each with a clear perimeter border
at least 1/2 inches wide. Each minor plat or plan shall show the following
information, as such information is applicable to the minor subdivision
or minor site plan submission:
(1)
A key map showing the entire tract and its relation to the surrounding
area at a scale of one inch equals not more than 400 feet.
(2)
Title block in accordance with the rules governing title blocks
for professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of the development, Borough of Spotswood, Middlesex County,
New Jersey, with each sheet specifically titled with appropriately
descriptive words;
(b)
Name, title, address and telephone number of applicant;
(c)
Name, title, address, telephone number, license number, seal
and signature of the professional or professionals who prepared the
plat or plan;
(d)
Name, title and address of the owner or owners of record;
(e)
Scale (written and graphic); and
(f)
Date of original preparation and of each subsequent revision
thereof and a list of the specific revisions entered on each sheet.
(3)
North arrow, including reference.
(4)
Acreage to the nearest 10th of an acre (both with and without
areas within public rights-of-way).
(5)
Certification that the applicant is the owner of the land or
his/her properly authorized agent, or that the owner has given his/her
consent under an option agreement.
(6)
If the applicant is a partnership or a corporation, the names
and addresses of all partners, or the names and addresses of all stockholders
owning 10% or more of any class of stock of the corporation in accordance
with N.J.S.A. 40:55D-48.1 et seq.
(8)
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
Borough Tax Map, and proposed block and lot number(s) as provided
by the Borough Tax Assessor upon written request.
(9)
Tract boundary line (heavy solid line), any existing and proposed
subdivision or property line(s) within the tract, and the existing
and proposed number of lots.
(10)
Zoning district(s) affecting the tract, including district names
and all area and bulk requirements, with a comparison to the proposed
development.
(11)
The location of existing and proposed property lines (with bearings
and distances), streets, structures (with their numerical dimensions
and an indication as to whether existing structures will be retained
or removed), parking spaces, loading areas, driveways, watercourses,
railroads, bridges, culverts, drain pipes, and natural features such
as treed areas, both within the tract and within 100 feet of its boundary.
(12)
The location and width of all existing and proposed utility
easements and rights-of-way, the use(s) for which they are intended
to be limited, and the manner in which the easements will be controlled.
(13)
All dimensions necessary to confirm conformity to the chapter
such as the size of the tract and any proposed lot(s), the number
of lots being created, structure setbacks, structure heights, yards
and building and lot coverages.
(14)
Proposed buffer and landscaped areas and the location and identification
of existing vegetation with an indication as whether it is to remain
or be removed.
(15)
Delineation of streams, ponds, floodplains, marshes, wetlands,
wetland buffers and lands subject to flooding within the tract and
within 100 feet thereof.
(16)
Existing topographic contours on U.S.G.S. datum and proposed
grades.
(17)
The name of all adjacent property owners and adjacent block
and lot numbers as they appear on the most recent tax list prepared
by the Borough Tax Assessor.
(18)
Certification from the Borough Tax Collector that all taxes
and assessments are paid to date.
(19)
Concerning minor subdivisions only, existing and proposed monuments.
(20)
Concerning minor site plans only, lighting details, sign details,
circulation and parking details and drainage calculations and proposed
drainage improvements and details.
(21)
Proposals for soil erosion and sediment control as required
by N.J.S.A. 4:24-39 et seq. and in accordance with the Middlesex County
Soil Conservation District.
(22)
No minor subdivision or minor site plan involving any street(s)
additional right-of-way 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 said street(s), as applicable, shall be granted to the Borough
of Spotswood or other appropriate governmental agency.
(23)
Plans of proposed improvements and utility layouts including
sewers, storm drains and waterlines, and feasible connections to gas,
telephone and electrical utility systems. If private utilities are
proposed, they shall comply fully with all Borough, county, state
and federal regulations. If service will be provided by an existing
utility company, in lieu of detailed plans, a letter from that company
stating that service will be available before occupancy will be sufficient.
Additionally, letters from the appropriate county and state agencies
granting approval for the extension of utility service(s) under their
respective jurisdiction shall be submitted with the application.
(24)
No minor subdivision or minor site plan involving any corner
lot shall be approved unless a sight triangle easement shall be granted
as specified in this chapter.
(25)
Deed descriptions including metes and bounds, easements, covenants,
restrictions and roadway and sight triangle dedications shall be submitted
for approval and required signatures prior to filing with the county
recording officer.
(26)
A list of all known licenses, permits and other forms of approval
required by law for the development and operation of the proposed
project. The list shall include approvals required by the Borough,
as well as agencies of the county, state and federal government. Where
approvals have been granted, copies of said approvals shall be submitted.
(27)
The Board reserves the right to require additional information
before granting approval when unique circumstances affect the tract
and/or when the application for development poses special problems
for the tract and surrounding area. Such information shall include,
but not be limited to, an environmental impact statement and/or traffic
impact statement; provided, however, that no application shall be
deemed incomplete for the lack of such additional information.
C.
Action by the Borough on minor subdivision plats and minor site plans.
(1)
The position of Administrative Officer shall be created and
shall have the powers and duties as described in the Municipal Land
Use Law for purposes of determining completeness of a particular application.
For purposes of this chapter, the Zoning Officer shall serve as the
Administrative Officer. The Administrative Officer shall review the
aforesaid application for the purpose of determining, within 45 days
of its submission, whether said application is complete:
(a)
If said application is found by the Administrative Officer to
contain all of the information required by the appropriate checklist
found in this chapter, the Administrative Officer shall certify that
said application is complete and shall direct the application to the
Planning Board.
(b)
If said application is found by the Administrative Officer to
lack some of the information required by the checklist found this
chapter, the Administrative Officer shall:
[1]
Notify the applicant, in writing and within 45 days of the submission
of the application, that said application is incomplete, with a specific
listing of the deficiencies in the application; and/or
[2]
If a waiver of any checklist item has been specifically requested
by the applicant in the submitted application for development, the
Administrative Officer shall act on the request for the waiver(s)
within 45 days of the submission of the application. If the Administrative
Officer reasonably concludes that the missing item(s) of information
are not applicable to the subject application and/or are not necessary
to make an informed decision on the application, the Administrative
Officer may waive the requirement that said item(s) be supplied as
a prerequisite for completeness and certify that the application is
complete notwithstanding the missing item(s).
(c)
An application which has been declared incomplete by the Administrative Officer shall be resubmitted by the applicant or, in the alternative, the applicant may choose to proceed before the Planning Board for a determination of completeness. Any resubmitted application shall be treated as a new application submission and shall be acted upon by the Administrative Officer in accordance with the time periods for action as listed hereinabove and as specified in the Municipal Land Use Law. An applicant who has been notified that his/her application is incomplete may request a waiver of one or more of the submission requirements set forth in § 120-901B of this chapter.
(2)
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 Administrative Officer fails to make a determination
of completeness, as the case may be, the applicable time period within
which the Planning Board must act upon the application shall commence.
(a)
In any case, the applicant is obliged to prove that he or she
is entitled to approval of the application.
(b)
Moreover, the Planning Board may subsequently require the correction
of any information found to be in error and/or the submission of additional
information not specified in this chapter and/or revisions to the
documents accompanying the submitted application, each and all as
are reasonably necessary for the Board to make an informed decision
as to whether or not the requirements necessary for approval of the
application have been met.
(3)
Promptly after certification of completeness, the application
documents shall be distributed by the Administrative Officer to the
following:
(a)
The Planning Board (11 copies each of the minor plat or plan
and the application);
(b)
Borough Engineer (one copy each of the minor plat or plan, the
application and any protective covenants, easements and/or deed restrictions);
(c)
Board Planner (one copy each of the minor plat or plan, the
application and any protective covenants, easements and/or deed restrictions);
(d)
Board Attorney (one copy each of the minor plat or plan, the
application and any protective covenants, easements and/or deed restrictions);
(e)
Zoning Officer (one copy of the minor plat or plan);
(f)
At the direction of the Planning Board, additional copies of
the minor plat or plan and/or other items of submitted information
shall be sent to other Borough, county or state agencies and/or to
other professional consultants as may be designated by the Board;
and
(g)
It shall be the applicant's responsibility, unless specifically
provided otherwise in this chapter, to submit the required application
to any agency (including but not limited to the Middlesex County Planning
Board, the Middlesex County Health Department, the Freehold Soil Conservation
District, and the New Jersey State Department of Environmental Protection,
and the New Jersey Department of Transportation) having jurisdiction
over any aspect of the proposed development.
(4)
The Planning Board shall take action on minor subdivision and
minor site plan applications within 45 days after the application
has been certified complete by the Board 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 minor subdivision or minor site plan
application which includes any requested variance relief pursuant
to N.J.S.A. 40:55D-60 of this chapter shall be acted upon within 120
days or within such further time as may be consented to by the applicant.
(5)
The Planning Board shall take action on a minor subdivision
or minor site plan application under its jurisdiction in the time
frame(s) as prescribed in this chapter hereinabove unless said minor
subdivision or minor site plan application is being considered simultaneously
with an application for a use variance in accordance with N.J.S.A.
40:55D-70d, which case the Zoning Board of Adjustment shall act upon
all aspects of the application within 120 days after the application
has been certified complete by the Zoning Board of Adjustment 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.
(6)
The professional staff of the Board shall read any written reports
submitted concerning the application and shall review the submission
to ascertain its conformity with the requirements of this chapter.
The professional staff of the Board shall offer its recommendations
to the Planning Board.
(7)
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 the 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.
(8)
For any application that is heard by the Planning Board and
is continued for additional studies, reports, plans or revisions to
previously submitted material, the new or revised material must be
submitted to the Borough at least 10 days prior to the hearing at
which the new material is to be considered by the Board.
(9)
When a minor subdivision or minor site plan is approved by the
Board, a notation to that effect, including the date of approval,
shall be made and at least 10 prints of the plat or plan and any related
deed descriptions to be filed with the county recording officer shall
be signed by the Chairman and Secretary of the Board. No further approval
of the application shall be required and the Administrative Officer,
within 10 days of the date of approval, shall notify the applicant
of the Board's action. Additionally, the Administrative Officer shall
forward the applicant a copy of the approved resolution, adopted in
accordance with Article 800 of this chapter, within 10 days of its
adoption by the Board.
(10)
When a minor subdivision or minor site plan is disapproved by
the Board, the Administrative Officer, within 10 days of such action,
shall notify the applicant of such disapproval. Additionally, the
Administrative Officer shall forward the applicant a copy of the disapproval
resolution, adopted in accordance with Article 800 of this chapter,
within 10 days of its adoption by the Board, setting forth the reasons
for the disapproval.
(11)
Any resolution by the Board shall be deemed to include a contingency
that all necessary approvals by other agencies having jurisdiction
over any aspect of the proposed development are required as a condition
of the Board's approval.
(12)
Filing of map with county recording officer.
(a)
Within 190 days from the date on which the resolution of municipal
approval of a minor subdivision is adopted by the Board, a plat map
drawn in compliance with the Map Filing Act, P.L. 190, c. 141 (N.J.S.A.
46:29-9.9 et seq.) or deed description, properly drafted and signed
by the Chairman and Secretary of the Board 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.
(b)
The Board may extend the one-hundred-ninety-day period for filing
a minor subdivision or deed if the developer proves to the reasonable
satisfaction of the Board:
(c)
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.
(13)
The zoning requirements and general terms and conditions, whether
conditional or otherwise, shall not be changed for a period of two
years either after the date on which the resolution of approval is
adopted by the Board for a minor subdivision or after the date of
approval by the Board of a minor site plan. The Board shall grant
an extension of this period for a period 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.
(14)
Before the Administrative Officer returns any approved minor
subdivision or minor 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)
Borough Clerk;
(b)
Borough Engineer (including, 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)
Borough Tax Assessor;
(e)
Such other Borough, county or state agencies and officials as
directed by the Board.
A.
Procedure for submitting preliminary major subdivision plats and
preliminary major site plans.
(1)
The applicant shall submit to the Administrative Officer at
least 30 days prior to the regular meeting of the Board: 18 copies
of the preliminary plat or preliminary plan; 18 completed copies of
the appropriate applications which includes the checklist(s) pursuant
to N.J.S.A. 40:55D-10.3 attached to this chapter;[1] 18 copies of any protective covenants or deed restrictions
applying to the land being subdivided or developed; 18 copies of the
environmental impact statement; and a fee in accordance with Article
1000 of this chapter. In addition to the above required submittals,
all drawings associated with an application for preliminary major
site plan, approval of a preliminary major subdivision approval for
three or more lots, and their applicable reports shall be submitted
in Adobe portable document format (.pdf) at 400 by 400 dpi. All other
documents, such as, but not limited to, application, escrow sheet,
completion checklist, environmental impact study, traffic study, stormwater
report, sewer and water report, reforestation or woodland management
plan, and permits associated with the application shall be submitted
in Adobe portable document format (pdf) at 300 by 300 dpi. All revisions
and resubmissions shall also be submitted in these formats. All filed
maps and required final as-built plans shall be submitted in one of
the following formats: autocad drawing file (dwg), ESRI Shapefile
(shp), Drawing Exchange Format File (dxf) or Microstation drawing
file (dgn) and contain coordinate values for at least three identifiable
boundary corners (preferably in the 1983 New Jersey State Plane Coordinate
System). Exceptions may be granted, by the approving land use agency,
for circumstances where production of a Cad file presents an undue
hardship.
[1]
Editor's Note: The checklists are included at the end of this
chapter.
(2)
The application 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 preliminary major
subdivision plats and preliminary major site plans, and agrees to
be bound by it. The Administrative Officer shall process the application
and shall issue an application number. Once an application has been
assigned a number, such number shall appear on all papers, maps, plats
or plans and other documents submitted for processing in conjunction
with the application.
B.
Details required for preliminary major subdivision plats and preliminary
major site plans. Each preliminary plat or preliminary plan shall
be drawn by a professional engineer and/or land surveyor licensed
to practice in the State of New Jersey and shall bear the signature,
seal, license number and telephone number of the said professional
engineer and/or land surveyor; provided, however, that 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.
Each submission shall be drawn at an appropriate scale not less than
one inch equals 100 feet for major subdivision plats and one inch
equals 50 feet for major site plans and shall be submitted on one
of five of the following standard sheet sizes (8.5 inches by 14 inches;
12 inches by 18 inches; 18 inches by 24 inches; 24 inches by 36 inches;
30 inches by 42 inches), each with a clear perimeter border at least
1/2 inch wide. All plan sheets shall be folded into eighths with the
title block revealed. 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, and each detail sheet shall include a key map showing its
relation to the whole tract. Each preliminary plat or plan shall show
the following information, as such information is applicable to the
preliminary major subdivision or preliminary major site plan submission:
(1)
A key map showing the entire tract and its relation to the surrounding
areas, at a scale of one inch equals not more than 1,000 feet.
(2)
Title block in accordance with the rules governing title blocks
for professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of subdivision or development, Borough of Spotswood, Middlesex
County, New Jersey, with each sheet specifically titled with appropriately
descriptive words;
(b)
Name, title, address and telephone number of applicant;
(c)
Name, title, address, telephone number, license number, seal
and signature of the professional or professionals who prepared the
plat or plan;
(d)
Name, title and address of the owner or owners of record;
(e)
Scale (written and graphic); and
(f)
Date of original preparation and of each subsequent revision
thereof and a list of the specific revisions entered on each sheet.
(3)
North arrow, including reference.
(4)
Certification that the applicant is the owner of the land or
his/her properly authorized agent, or that the owner has given his/her
consent under an option agreement.
(5)
If the applicant is a partnership or a corporation, the names
and addresses of all partners, or the names and addresses of all stockholders
owning 10% or more of any class of stock of the corporation as required
by N.J.S.A. 40:55D-48.1 et seq.
(7)
Acreage to the nearest 10th of an acre (both within and without
areas within public rights-of-way) and a computation of the area of
the tract to be disturbed.
(8)
The name(s) and block and lot number(s) of all property owners
within 200 feet of the extreme limits of the tract as shown on the
most recent tax list prepared by the Borough Tax Assessor.
(9)
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
Borough Tax Map, and proposed block and lot numbers as provided by
the Borough Tax Assessor upon written request.
(10)
Tract boundary line (heavy solid line), any existing and proposed
subdivision or property line(s) within the tract, and the existing
and proposed number of lots.
(11)
Zoning district(s) affecting the tract, including district names
and all area and bulk requirements, with a comparison to the proposed
development, and all zoning district(s) within 200 feet of the tract.
(12)
The location of man-made and natural features such as bridges,
wetlands, treed areas, high points, marshes and depressions, both
within the tract and within 100 feet of its boundaries. A letter of
interpretation (LOI) from the State Department of Environmental Protection
shall be submitted for all delineated wetlands.
(13)
The location and species of all existing individual trees or
groups of trees having a caliper of six inches or more measured three
feet above the ground level shall be shown within the portion(s) of
the tract to be disturbed as a result of the proposed development,
indicating which trees are to remain and which are to be removed.
(14)
A landscape plan showing the proposed location of all proposed
plantings, screening and buffering, a legend listing the botanical
and common names, the sizes at the time of planting, a planting schedule,
method of irrigation, the total quantity of each plant, and the location
of each plant keyed to the plan or plat.
(15)
Where a septic system is proposed, the date of approval by the
Borough Board of Health of site evaluation tests, certified by a licensed
professional engineer, indicating that the proposed lot(s) can adequately
accommodate a septic system. The location(s) of the test holes(s)
and borings, soil logs, proposed location of the septic disposal areas,
test results, soil types, percolation rates and compliance with the
Individual Sewage Disposal Code of New Jersey or applicable Borough
Board of Health ordinances, whichever may be more restrictive, shall
be shown on the plat and certified by a licensed professional engineer.
(16)
All existing and proposed watercourses within the tract and
within 200 feet of the tract shall be shown and be accompanied by
the following information:
(a)
When a stream is proposed for alteration, improvement or relocation
or where a drainage structure or fill is proposed over, under, in
or along a running stream, a report on the status of review by the
State Department of Environmental Protection, Division of Water Resources,
shall accompany the submission;
(b)
Cross-sections of watercourses and/or drainage swales at an
approximate scale showing the extent of the floodplain, top of bank,
normal water levels and bottom elevations at the locations required
by the Borough Engineer;
(c)
The location and extent of drainage and conservation easements
and stream encroachment lines; and
(d)
The location, size, direction of flow and type of adequate drainage
provisions to reasonably reduce and minimize exposure to flood damage.
(17)
Existing and proposed contours with intervals of one foot where
slopes are less than 5%; with intervals of two feet where slopes are
shown between 5% and 10%; and with intervals of five feet where slopes
exceed 10%. All contour information shall be related to U.S.G.S. datum.
Existing contours shall be shown as a dashed line; finished grades
shall be shown as a solid line.
(18)
Proposals for soil erosion and sediment control as required
by N.J.S.A. 4:24-39 et seq. and in accordance with the Freehold Soil
Conservation District.
(19)
Locations of all existing structures and their uses, both within
the tract and within 100 feet of its boundary, showing existing and
proposed front, rear and side yard setback distances and an indication
of whether the existing structures and uses will be retained or removed.
(20)
Size, height and location of all proposed buildings (including
grades), structures, signs and fences, including details for any signs,
fences and trash enclosures.
(21)
All dimensions necessary to confirm conformity to the chapter
such as the size of the tract and any proposed lot(s), the number
of lots being created, structure setbacks, structure heights, yards
and building and lot coverage. All tract and lot sizes shall be expressed
in acres and square feet and shall include bearings and distances.
(22)
The proposed location, height, direction of illumination, power
and type of proposed outdoor lighting, including details of lighting
poles, luminaries and the hours and time of lighting.
(23)
Existing and proposed street and lot layout, with dimensions
correct to scale, showing that portion proposed for development in
relation to the entire tract, and existing lot lines to be eliminated.
(24)
The location and design of any off-street parking or loading
area, showing size and location of bays, aisles and barriers, curbing
and paving specifications.
(25)
All means of vehicular access and egress to and from the site
onto public streets, showing the size and the location of driveways,
sidewalks, fire lanes 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 a difficult traffic situation.
(26)
The application shall include plans and computations for any
storm drainage system including the following as may be required by
the Borough Engineer:
(a)
All existing or proposed storm sewer lines within or adjacent
to the tract showing profile, size, invert and slope of the lines,
direction of flow and the location of each catch basin, inlet, manhole,
culvert, headwall and utility lines including pipe size and grades;
(b)
The location and extent of any proposed groundwater recharge
basins, detention basins or other water or soil conservation or drainage
devices, with cross-sections every 50 feet at right angles to the
long access of the basin, each extending 75 feet beyond the top of
the rim of the basin on each side;
(c)
A drainage area map drawn to scale (minimum scale one inch equals
100 feet) showing the contributing area to each inlet or cross drain;
(d)
A weighted runoff coefficient for each drainage area shall be
determined for use in the computations; and
(e)
A report by the design engineer containing the criteria used,
alternates considered, reasons for selection and design calculations.
(27)
The location and size of existing structures such as water and
sewer mains, valves, hydrants, utility structures, gas transmission
lines and high tension power lines on the tract and within 200 feet
of its boundaries.
(28)
Plans of proposed improvements and utility layouts including
sewers, storm drains and water lines, and feasible connections to
gas, telephone and electrical utility systems, including plans, inverts,
profiles and details of all existing and proposed sanitary sewage
facilities and water mains with proposed connections. If private utilities
are proposed, they shall comply fully with all Borough, county, state
and federal regulations. If service will be provided by an existing
utility company, in lieu of detailed plans, a letter from that company
stating that service will be available before occupancy will be sufficient.
Additionally, letters from the appropriate county and state agencies
granting approval for the extension of utility service(s) under their
respective jurisdiction shall be submitted with the application.
(29)
Plans, 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 tract including street names.
The vertical alignments shall be based on U.S.G.S. vertical datum,
including curbing, sidewalks, street trees and planting strips, storm
drains and gutters, drainage structures and cross sections every half
and full station of all proposed streets and of all existing streets
abutting the tract. Sight triangles, the radius of curblines and street
sign locations shall be clearly indicated at the intersections. The
width of cartway and right-of-way, location and width of utility lines,
type and width of pavement and final design grades shall be included.
(30)
Any protective covenants or deed restrictions applying to the
land being developed shall be submitted with the application and/or
indicated on the submitted plat or plan.
(31)
The names, location and width of all existing and proposed easements
and rights-of-way, the use(s) for which they are intended to be limited,
the manner in which the easements will be controlled, and to whom
they are granted.
(32)
The proposed permanent monuments shall be shown, in accordance
with the Map Filing Law, N.J.S.A. 46:23-9.9.
(33)
Certificate from the Borough Tax Collector that all taxes and
assessments are paid to date.
(34)
An environmental impact statement in accordance with this chapter.
(35)
A traffic impact statement in accordance with this chapter.
(36)
Evidence of the submission of the application(s) for other agency
approvals having jurisdiction over the application and/or required
by the Borough Engineer.
(37)
Concerning major site plans only, the proposed use and operations
of the buildings, the proposed number of shifts to be worked, the
maximum number of employees on each shift, and the hours of operation
open to public use.
(38)
Concerning major site plans only, detailed floor plans of the
entire structure, existing and proposed, and signed and sealed, scaled
architectural elevations by a licensed New Jersey architect of the
front, side and rear of any structure to be erected or modified, showing
the exterior facade and materials to be used in construction and any
attached signage.
(39)
The Planning Board reserves the right to require additional
information before granting preliminary approval when unique circumstances
affect the tract and/or when the application for development poses
special problems for the tract and surrounding area. Such information
shall include, but not be limited to, drainage calculations and traffic
analyses; provided, however, that no application shall be declared
incomplete for the lack of such additional information.
(40)
Submission of preliminary major subdivision plats and preliminary major site plan. A plan, in the form of a narrative description and diagrams or maps, shall be submitted for every development proposal for the construction of 50 or more units of single-family or two-family housing, any multifamily or townhouse housing or more than 25 units and any nonresidential development proposal for the utilization of 1,000 square feet or more of land. The plan shall include details as to the storage, collection, disposition and recycling of recyclable materials as designated in Chapter 174, entitled "Solid Waste," and shall comply with all requirements thereof. When a nonresidential tenant/user is unknown at the time of the subdivision application, the recycling plan shall be submitted as part of a subsequent tenancy review application.
C.
Environmental impact statement.
(1)
General provisions. The impact on the environment generated
by land development necessitates a comprehensive analysis of the variety
of problems that may result and the actions that can be taken to minimize
the problems. It is further recognized that the level of detail required
for various types of applications will vary depending upon the size
of the development, the nature of the site, the location of the development
and the information already in the possession of the Borough. Therefore,
having determined that some flexibility is needed in preparing the
environmental impact statement, the requirements for such a document
pertaining to different types of development applications are listed
below:
(a)
All agricultural operations conducted in accordance with a plan
approved by the Soil Conservation District and all silvaculture operations
conducted in accordance with a plan prepared by a professional forester
are specifically exempt from the environmental impact statement requirements.
(b)
Any variance applications to the Planning Board not involving
a site plan or subdivision application shall not require an environmental
impact statement unless the information contained therein is deemed
essential by the Board in order to make an informed decision regarding
the submitted application. The Planning Board shall inform the applicant
regarding any information that may be required.
(c)
Any application for minor site plan or minor subdivision approval,
either to the Planning Board or to the Zoning Board, shall not require
an environmental impact statement unless the information contained'
therein is deemed essential by the Board in order to make an informed
decision regarding the submitted application. The Planning Board shall
inform the applicant regarding any information that may be required.
(d)
All preliminary major subdivision and/or preliminary major site
plan applications shall be accompanied by an environmental impact
statement.
(2)
Submission format. When an environmental impact statement is
required, the applicant shall retain one or more competent professionals
to perform the necessary work. The qualifications and background of
the professionals shall be provided, and the method of investigation
shall be described. All applicable material on file in the Borough
pertinent to evaluation of regional impacts also shall be considered.
Furthermore, as much original research as necessary shall be conducted
to develop the environmental impact statement. All environmental impact
statements shall consist of written and graphic materials which clearly
present the required information utilizing the following format:
(a)
Project description. Indicate the purpose and scope of the proposed
project. Enumerate the benefits to the public which will result from
the proposed project and describe the particular suitability of the
site for the intended use. A description of the proposed project shall
be presented to indicate the extent to which the site must be altered,
the kinds of facilities to be constructed and the uses intended. The
resident population, working population and visitor population shall
be estimated. The compatibility or incompatibility of the proposed
project shall be described in relation to the following:
(b)
Site description and inventory. Provide a description of the
environmental conditions on the site, including the following items:
[1]
Types of soils. List and describe each soil type on the site.
If applicable, provide percolation data. Where the proposed area of
land disturbance will involve soils with moderate or severe limitations
relative to the type of use proposed, a complete mapping of all soil
types where the moderate and severe limitations exist shall be provided.
[2]
Topography. Describe the topographic conditions on the site.
[3]
Geology. Describe the geologic formations and features associated
with the site as well as depth to bedrock conditions. Delineate those
areas where bedrock is within two feet of the surface as well as major
rock outcroppings.
[4]
Vegetation. Describe the existing vegetation on the site. A
map shall be prepared showing the location of major vegetative groupings
such as woodlands, open fields and wetlands. Where woodlands are delineated,
the forest types shall be indicated.
[5]
Wildlife. Identify and describe any unique habitats of endangered
or protected species.
[6]
Subsurface water. Describe the subsurface water conditions on
the site both in terms of depth to groundwater and water supply capabilities.
The location, depth, capacity and water quality of all existing water
wells on the site and within 500 feet of the site shall be indicated.
[7]
Distinctive scenic and/or historic features. Describe and map
those portions of the site that can be considered to have distinctive
scenic and/or historic qualities.
[8]
Existing development features. Describe any existing features
on the site that are not considered to be part of the natural environment
including, but not necessarily limited to, roads, driveway accesses,
housing units, accessory structures, utility lines, etc.
[9]
Miscellaneous. When warranted, an analysis shall be conducted
of existing air quality and noise levels as prescribed by the New
Jersey State Department of Environmental Protection.
(c)
Impact. Discuss both the negative and positive impacts during
and after construction. Indicate those negative impacts that are unavoidable.
The specific concerns that shall be considered include the following
and shall be accompanied by specific quantitative measurements where
possible and necessary:
[1]
Soil erosion and sedimentation resulting from surface runoff.
[2]
Flooding and floodplain disruption.
[3]
Degradation of surface water quality.
[4]
Groundwater pollution.
[5]
Reduction of groundwater capabilities.
[6]
Sewage disposal.
[7]
Solid waste disposal.
[8]
Vegetation destruction.
[9]
Disruption of wildlife habitats of endangered and protected
species.
[10]
Destruction or degradation of scenic and historic
features.
[11]
Air quality degradation.
[12]
Noise levels.
[13]
Energy utilization.
(d)
Environmental performance controls. Describe what measures will
be employed during the planning, construction and operation phases
which will minimize or eliminate negative impacts that could result
from the proposed project. Of specific interest are:
(e)
Licenses, permits and other approvals required by law. The applicant
shall list all known licenses, permits and other forms of approval
required by law for the development and operation of the proposed
project. The list shall include approvals required by the Borough,
as well as agencies of the county, state and federal governments.
Where approvals have been granted, copies of said approvals shall
be attached. Where approvals are pending, a note shall be made to
that effect.
(f)
Documentation. All publications, file reports, manuscripts or
other written sources of information which were first consulted and
employed in compilation of the environmental impact statement shall
be listed. A list of all agencies and individuals from whom all pertinent
information was obtained orally or by letter shall be listed separately.
Dates and locations of all meetings shall be specified.
(3)
Disposition by the Board. The Board shall review the information
furnished in the environmental impact statement in the context of
the overall design of the proposed development and the relationship
of the proposed development to the environment. The information is
to be used solely to help ensure that the proposed development will
cause no reasonably avoidable damage to any environmental resource.
D.
Traffic impact statement.
(1)
General provisions.
(a)
The impact on the existing road systems generated by land development
necessitates a comprehensive analysis of the variety of problems that
may result and the actions that can be taken to minimize the problems.
Therefore, all preliminary major subdivision applications resulting
in the generation of more than 10 lots and/or all preliminary major
site plan applications shall be accompanied by a traffic impact statement
unless specifically waived by the Board. Any application for subdivision
approval where less than 10 lots are involved and all applications
for minor site plan approval, either before the Planning Board or
Zoning Board of Adjustment, as the case may be, shall not require
a traffic impact statement unless specifically requested by the Board.
(b)
The Board may waive the requirement for a traffic impact statement
totally or partially only if sufficient evidence is submitted to the
Board indicating that the proposed project will have a negligible
traffic impact, or, alternatively, that a complete report need not
be prepared and submitted in order to evaluate adequately the specific
traffic impact to be generated by the proposed development. The burden
of demonstrating the exceptions hereinabove stated shall at all times
rest with the applicant who must affirmatively demonstrate to the
Board the basis for a waiver request.
(2)
Content of report. The traffic impact statement shall contain
the following information:
(a)
Projections of traffic to be generated by the proposed development
for average daily, morning peak hour(s), afternoon peak highway hour(s)
and any other peak traffic condition deemed applicable as a result
of the type and/or location of the proposed generator. Traffic generation
rates should be based upon local indices, where applicable, or rates
promulgated by the Institute of Transportation Engineers, where local
indices are not available. All rates should be documented in the report.
Also, the method and data base upon which traffic approach route distributions
are based shall be fully documented. Any assumptions regarding the
diversion of existing traffic to alternative routes should be clearly
specified in the report. Included in this portion of the traffic impact
statement shall be an addressment of transportation control measures
which would reduce the number of vehicular trips generated by the
proposed development.
(b)
The report shall contain documentation of existing conditions
on adjacent streets serving immediate site access/egress, including
roadway pavement width, rights-of-way, curb parking conditions, sight
visibility, grade curvatures of roadway and traffic control devices.
Existing traffic volumes or average daily and peak hour conditions
shall be presented with the source of data denoted.
(c)
Assessment of the traffic impact of the proposed development
shall be provided, including estimates of levels of services. In preparing
these estimates, assumptions regarding the annual growth rate of existing
traffic should be fully documented. Capacity determination shall be
based upon normally accepted standards, with the basis of these estimates
clearly indicated. All substantial applications for development, both
within Spotswood Borough and neighboring municipalities, which recently
have been built, are under construction or are being considered for
approval shall be factored in the analysis. In the event the project
is staged over a period of time, independent estimates for each stage
shall be provided.
(d)
In the event that roadway deficiencies are identified for existing
and/or future conditions, specific recommendations for the resolution
of these problems shall be addressed in the report. The report shall
contain a listing of any and all actions to be undertaken by the applicant
to resolve or minimize traffic problems and, as such, shall be considered
a firm offer by the applicant to undertake said actions, subject to
approval by the Board.
(e)
Any alteration or amendment to the development application which
would substantially alter specific land uses, site acreage, building
floor area, highway access design or any other feature which could
cause a significant change in traffic generation rates shall require
the submission of a revised traffic impact statement.
(f)
In situations where state or county highways are adjacent to
and/or potentially impacted by the proposed project, a copy of the
report shall be provided to the Commissioner of Transportation, New
Jersey Department of Transportation for State Highways, and the Middlesex
County Department of Transportation for county highways for their
review and comment.
(3)
Disposition by the Board. The Board shall review the information
furnished in the traffic impact statement in the context of the overall
design of the proposed development and the traffic impact of the proposed
development on the affected road system. The information is to be
used to determine whether or not the proposed development will create
any negative impact(s) upon the roadway system, adjacent properties
or the zone plan of the municipality. The traffic impact statement
shall be forwarded to the Borough Traffic Consultant and/or Borough
Engineer for review and comment.
E.
Action by the Borough on preliminary major subdivision plats and
preliminary major site plans.
(1)
The Administrative Officer shall review the aforesaid application
for the purpose of determining, within 45 days of its submission,
whether said application is complete:
(a)
If said application is found by the Administrative Officer to contain all of the information required by § 120-903B of this chapter, the Administrative Officer shall certify that said application is complete and shall direct the application to the Planning Board.
(b)
If said application is found by the Administrative Officer to
lack some of the information required by the checklist found this
chapter, the Administrative Officer shall:
[1]
Notify the applicant, in writing and within 45 days of the submission
of the application, that said application is incomplete, with a specific
listing of the deficiencies in the application; and/or
[2]
If a waiver of any checklist item has been specifically requested
by the applicant in the submitted application for development, the
Administrative Officer shall act on the request for the waiver(s)
within 45 days of the submission of the application. If the Administrative
Officer reasonably concludes that the missing item(s) of information
are not applicable to the subject application and/or are not necessary
to make an informed decision on the application, the Administrative
Officer may waive the requirement that said item(s) be supplied as
a prerequisite for completeness and certify that the application is
complete notwithstanding the missing item(s).
(c)
An application which has been declared incomplete by the Administrative
Officer shall be resubmitted by the applicant or, in the alternative,
the applicant may choose to proceed before the Planning Board for
a determination of completeness. Any resubmitted application shall
be treated as a new application submission and shall be acted upon
by the Administrative Officer in accordance with Article 900 hereinabove.
An applicant who has been notified that his/her application is incomplete
may request a waiver of one or more of the submission requirements
set forth in this chapter.
(d)
In the event that the Zoning Officer fails to act within 45
days of the date of the submission of the application, said application
shall be deemed complete as of the 46th day following its submission.
(2)
On the date the aforesaid application is certified complete,
the applicable time period within which the Planning Board or Zoning
Board of Adjustment must act upon the application shall commence.
(a)
In any case, the applicant is obliged to prove that he or she
is entitled to approval of the application.
(b)
Moreover, the Planning Board may subsequently require the correction
of any information found to be in error and/or the submission of additional
information not specified in this chapter and/or revisions to the
documents accompanying the submitted application, each and all as
are reasonably necessary for the Board to make an informed decision
as to whether or not the requirements necessary for approval of the
application have been met.
(3)
Promptly after certification of completeness, the application
documents shall be distributed by the Administrative Officer to the
following:
(a)
The Planning Board (11 copies each of the preliminary plat or
plan, the application, the environmental impact statement, the traffic
impact statement, and any protective covenants, easements and/or deed
restrictions);
(b)
Borough Engineer (one copy each of the preliminary plat or plan,
the application, the environmental impact statement, the traffic impact
statement, and any protective covenants, easements and/or deed restrictions);
(c)
Board Planner (one copy each of the preliminary plat or plan,
the application, the environmental impact statement, the traffic impact
statement and any protective covenants, easements and/or deed restrictions);
(d)
Board Attorney (one copy each of the preliminary plat or plan,
the application, the environmental impact statement, the traffic impact
statement, and any protective covenants, easements and/or deed restrictions);
(e)
Zoning Officer (one copy of the preliminary plat or plan);
(f)
At the direction of the Planning Board, additional copies of
the preliminary plat or plan and/or other items of submitted information
shall be sent to other Borough, county or state agencies and/or to
other professional consultants as may be designated by the Board;
and
(g)
It shall be the applicant's responsibility, unless specifically
provided otherwise in this chapter, to submit the required application
to any agency (including but not limited to the Middlesex County Planning
Board, the Middlesex County Health Department, the Freehold Soil Conservation
District, the New Jersey Department of Transportation, and the New
Jersey State Department of Environmental Protection) having jurisdiction
over any aspect of the proposed development.
(4)
The Planning Board shall take action on a preliminary major
site plan application involving 10 acres of land or less and 10 dwelling
units or less and/or a preliminary major subdivision application involving
10 lots or less 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, provided that
any preliminary major site plan or preliminary major subdivision application
which includes any requested variance relief pursuant to N.J.S.A.
40:55D-60 shall be acted upon within 120 days or within such further
time as may be consented to by the applicant.
(5)
The Planning Board shall take action on a preliminary major
site plan application involving more than 10 acres of land or more
than 10 dwellings and/or a preliminary major subdivision application
involving more than 10 lots 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 major site plan or preliminary major subdivision
application which includes any requested variance relief pursuant
to N.J.S.A. 40:55D-60 shall be acted upon within 120 days or within
such further time as may be consented to by the applicant.
(6)
The Planning Board shall take action on a preliminary major
site plan application and/or preliminary major subdivision application
under its jurisdiction in the time frame(s) as prescribed hereinabove
unless said preliminary major site plan or preliminary major subdivision
application is being considered simultaneously with an application
for a use variance in accordance with N.J.S.A. 40:55D-70d in which
case the Planning Board shall act upon all aspects of the application
within 120 days after the application has been certified complete
by the Administrative Officer 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.
(7)
The professional staff of the Board shall read any written reports
submitted concerning the application and shall review the submission
to ascertain its conformity with the requirements of this chapter.
The professional staff of the Board shall offer its recommendations
to the Planning Board.
(8)
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 the 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.
(9)
All hearings held on applications for preliminary major subdivision
and/or preliminary major site plan approval shall require public notice
of the hearing. The Planning Board shall set the date, time and place
for the public hearing and shall inform the applicant of this at least
14 days prior to said hearing date. Notice of the hearing shall be
given by the applicant at least 10 days prior to the date of the hearing.
(10)
For any application that is heard by the Planning Board and
is continued for additional studies, reports, plans or revisions to
previously submitted material, the new or revised material must be
submitted to the Borough at least 10 days prior to the hearing at
which the new material is to be considered by the Board.
(11)
In the case of planned developments only, the Board shall find
the following facts and conclusions prior to granting approval:
(a)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
provisions specified in Articles 400, 600 and 700 of this chapter,
as the case may be, pursuant to N.J.S.A. 40:55D-65c.
(b)
That the proposals for maintenance and conservation of the common
space are reliable, and the amount, location and purpose of the common
open space are adequate.
(c)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
(d)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
(e)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
(12)
If the Board acts favorably on the preliminary plat or plan,
the Chairman and Secretary of the Board shall affix their signatures
to at least 10 copies of the plat or plan with the notification that
it has been approved. The applicant shall furnish such copies to the
Board. The Administrative Officer shall distribute one copy of the
Board's resolution to the Borough Clerk.
(13)
Should minor revisions or additions to the plat or plan be deemed
necessary, the Board may grant preliminary approval subject to specified
conditions and receipt of revised plans within 30 days from the date
of said approval. Revised plans will then be reviewed by the Board's
Engineer, Planner and the Zoning Officer to verify conformity with
the resolution of approval within 30 days after receipt of the revised
submission. Five copies of the revised, verified plan shall then be
signed by the Borough Engineer. Two copies will be sent to the Borough
and one copy will be returned to the applicant. After the final development
plans have been approved, seven complete sets should be submitted
to the Borough. The plans will be stamped approved and distributed
to staff with one set returned to the applicant.
(14)
Any resolution by the Board shall be deemed to include a contingency
that all necessary approvals by other agencies having jurisdiction
over any aspect of the proposed development and submission of all
outstanding fees are required as a condition of the Board's approval.
Any substantial plan revision required by an outside reviewing agency,
including the County Planning Board, after final action by the Planning
Board will require a new substantive review. Whenever a development
application which has been the subject of a public hearing has been
substantially amended, the Board shall require that an amended plat
or plan be submitted and acted upon as in the case of the original
application.
(15)
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 Chairman of the Board to that effect on the plat or
plan and a resolution adopted in accordance with Article 800 of this
chapter setting forth the reasons for such rejection. One copy of
the plat or plan and said resolution shall be returned to the applicant
within 10 days of the adoption of said resolution.
F.
Effect of preliminary approval of major subdivision plats and major
site plans.
(1)
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date on which the resolution
of preliminary approval is adopted:
(a)
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 sidewalk;
lot size; yard dimensions; and off-tract improvements; and in the
case of a site plan, any requirements peculiar to site plan approval,
except that nothing therein shall be construed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety;
(b)
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 plat or plan; and
(c)
That the applicant may apply for and the 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.
(2)
In the case of a subdivision or of a site plan for an area 50
acres or more, the Planning Board may grant the rights referred to
hereinabove for such period of time, longer than three years, as shall
be determined by the 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
Board may thereafter grant, an extension to preliminary approval for
such additional period of time as shall be determined by the Board
to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible
under preliminary approval;
(b)
The potential number of dwelling units and nonresidential floor
area of the section or sections awaiting final approval;
(c)
Economic conditions;
(d)
The comprehensiveness of the development; and
(e)
Provided that if the design standards have been revised by ordinance,
such revised standards may govern.
(3)
Whenever the Board grants an extension of preliminary approval
pursuant to the procedures listed hereinabove and preliminary approval
has expired before the date on which the extension is granted, the
extension shall begin on what would otherwise be the expiration date.
The developer may apply for the extension either before or after what
would otherwise be the expiration date.
(4)
The Board shall grant an extension of preliminary approval for a period 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 approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to Article 900 or Subsection F(2) hereinabove.
A.
Procedure for submitting final major subdivision plats and final
major site plans. A final plat or final plan shall be submitted to
the Administrative Officer within three years after the date of preliminary
approval or any authorized extension thereof. The applicant shall
submit to the Administrative Officer at least 30 days prior to the
regular meeting of the Board: 18 copies of the final major subdivision
plat or final major site plan; 18 copies of the appropriate application(s),
which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached
to this chapter;[1] and a fee in accordance with Article 1000 of this chapter.
The application 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 final major subdivision plats
and final major site plans, and agrees to be bound by it. In addition
to the above required submittals, all drawings associated with an
application for final major site plan and final major subdivision
and their applicable reports shall be submitted in Adobe portable
document format (pdf) at 400 by 400 dpi. All other documents, such
as, but not limited to, application, escrow sheet, completion checklist,
environmental impact study, traffic study, stormwater report, sewer
and water report, reforestation or woodland management plan, and permits
associated with the application shall be submitted in Adobe portable
document format (pdf) at 300 by 300 dpi. All revisions and resubmissions
shall also be submitted in these formats. All filed maps and required
final as-built plans shall be submitted in one of the following formats:
Autocad drawing file (dwg), ESRI Shapefile (shp). Drawing exchange
format file (DXF) or Microstation drawing file (dgn) and contain coordinate
values for at least three identifiable boundary corners (preferably
in the 1983 New Jersey State Plane Coordinate System). Exceptions
may be granted, by the approving land use agency, for circumstances
where production of a Cad file presents an undue hardship.
[1]
Editor's Note: The checklists are included at the end of this
chapter.
B.
Details required for final major subdivision plats and final major
site plans. The following information shall be submitted:
(1)
All details stipulated in Article 900 of this chapter.
(2)
All additional details required at the time of preliminary approval
shall be submitted including a copy of the signed preliminary plat
or plan in conformance with the resolution of approval.
(3)
A section or staging plan, if proposed, indicating the portion
of the tract to be considered for final approval as part of the current
application and the relationship of the portion of the tract to the
remaining land area, including all applicable comparisons such as
parking spaces, building coverage, lot coverage, open space areas
and number of lots.
(4)
Detailed architectural and engineering data including:
(a)
An architect's design drawing of each building and sign or a
typical building and 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 storms and sanitary sewers and water
mains.
(d)
All dimensions of the exterior boundaries of any subdivision
shall be balanced and closed to a precision of one to 5,000 and the
dimensions of all lot lines to within one to 10,000. All dimensions,
angles and bearings must be tied to at least two permanent monuments
not less than 300 feet apart and all information shall be indicated
on the plat. At least one corner of the subdivision shall be tied
horizontally to the New Jersey State Grid Coordinate System and vertically
to the U.S. Geodetic Survey System, with the data on the plat as to
how the bearings were determined.
(5)
Evidence that a duplicate copy(ies) of the application for development
has been filed with any other agency having jurisdiction over any
aspect of the proposed development.
(6)
The final submission shall be accompanied by the following documents:
(a)
Certification from the Borough Tax Collector that all taxes
and assessments are paid to date.
(b)
Letters directed to the Chairman of the Board and signed by
a responsible official of the lighting agency, water company, sewer
utility and of any other company or governmental authority or district
which provides accessory utility service and has jurisdiction in the
area, approving each proposed utility installation design and stating
that the applicant paid the required fees for the utility connections
and service or installed all utility improvements in accordance with
the requirements of this chapter so that service will be available
prior to occupancy. The designing engineer(s) shall certify to the
Board that the existing cross-section(s) and profile(s) have been
run in the field and the field notes shall be forwarded to the Borough
Engineer.
(d)
A statement from the Borough Engineer that:
[1]
All improvements installed prior to application have been inspected
and as-built drawings have been submitted by the applicant for the
installed improvements; and
[2]
That such improvements installed prior to application for final
approval that do not meet or exceed Borough standards shall be factored
into the required performance guarantee.
(e)
Concerning major subdivisions only, a Sales Map in the following
format and containing the information noted hereinbelow. The developer
of the subject major subdivision shall provide all contract purchasers
with a copy of the Sales Map at the time of contract and maintain
a record of the contract purchasers' receipt of the Sales Map for
the Borough's reasonable inspection.
[1]
The Sales Map shall be at a scale of not more than 100 feet
to the inch;
[2]
The Sales Map shall identify the location of all on-site flood
hazard areas, streams, ponds, wetlands, wetland buffers, steep slopes
and stormwater facilities and, to the extent available from preexisting
public records, such features within 200 feet of the development also
shall be identified;
[3]
The Sales Map shall show the zoning district classification
of all property within the development and within 2,000 feet of the
development, both within and outside of the Borough, including a brief
description of the permitted uses in each zoning district; and
[4]
The Sales Map shall show the development plan for the subject
property and all land contiguous thereto for a distance of 2,000 feet
from the perimeter of the development, including lands outside of
the Borough, with the following information indicated thereon:
[a]
The location of all streets, with those streets
to be connected to the proposed development clearly highlighted;
[b]
The location of all state, county and Borough roads,
both in existence and/or proposed by any governmental agency having
jurisdiction to establish such roads; and
[c]
The location of all railroads, power transmission
lines and easements, pipe lines, rights-of-way for public utilities
and any existing utilities.
C.
Action by the Borough on final major subdivision plats and final
major site plans.
(1)
The Zoning Officer shall review the aforesaid application for
the purpose of determining, within 45 days of its submission, whether
said application is complete:
(a)
If said application is found by the Administrative Officer to
contain all of the information required by Article 900 of this chapter,
the Administrative Officer shall certify that said application is
complete and shall direct the application to the Planning Board.
(b)
If said application is found by the Administrative Officer to
lack some of the information required by Article 900 of this chapter,
the Administrative Officer shall:
[1]
Notify the applicant, in writing and within 45 days of the submission
of the application, that said application is incomplete, with a specific
listing of the deficiencies in the application; and/or
[2]
If a waiver of any checklist item has been specifically requested
by the applicant in the submitted application for development, the
Administrative Officer shall act on the request for the waiver(s)
within 45 days of the submission of the application. If the Administrative
Officer reasonably concludes that the missing item(s) of information
are not applicable to the subject application and/or are not necessary
to make an informed decision on the application, the Administrative
Officer may waive the requirement that said item(s) be supplied as
a prerequisite for completeness and certify that the application is
complete notwithstanding the missing item(s.)
(c)
An application which has been declared incomplete by the Administrative Officer shall be resubmitted by the applicant or, in the alternative, the applicant may choose to proceed before the Planning Board for a determination of completeness. Any resubmitted application shall be treated as a new application submission and shall be acted upon by the Administrative Officer in accordance with Article 900 or Subsection C(1)(b) hereinabove. An applicant who has been notified that his/her application is incomplete may request a waiver of one or more of the submission requirements set forth in Article 900 of this chapter.
(2)
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 Administrative Officer fails to make a determination
of completeness, as the case may be, the applicable time period within
which the Planning Board must act upon the application shall commence.
(a)
In any case, the applicant is obliged to prove that he or she
is entitled to approval of the application.
(b)
Moreover, the Planning Board may subsequently require the correction
of any information found to be in error and/or the submission of additional
information not specified in this chapter and/or revisions to the
documents accompanying the submitted application, each and all as
are reasonably necessary for the Board to make an informed decision
as to whether or not the requirements necessary for approval of the
application have been met.
(3)
Promptly after certification of completeness, the application
documents shall be distributed by the Administrative Officer to the
following:
(a)
The Planning Board (11 copies each of the final plat or plan
and the application);
(b)
Borough Engineer and Planner (one copy each of the final plat
or plan and the application);
(c)
Board Attorney (one copy each of the final plat or plan and
the application);
(d)
Borough Construction Official (one copy of the preliminary plat
or plan);
(e)
At the direction of the Planning Board additional copies of
the preliminary plat or plan and/or other items of submitted information
shall be sent to other Borough, county or state agencies and/or to
other professional consultants as may be designated by the Board;
and
(f)
It shall be the applicant's responsibility, unless specifically
provided otherwise in this chapter, to submit the required application
to any agency (including but not limited to the Middlesex County Planning
Board, the Middlesex County Health Department, Middlesex County Soil
Conservation District, and the New Jersey State Department of Environmental
Protection) having jurisdiction over any aspect of the proposed development.
(4)
The Board shall take action of final site plan and final subdivision
applications 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.
(5)
The professional staff of the Board shall read any written reports
submitted concerning the application and shall review the submission
to ascertain its conformity with the requirements of this chapter.
The professional staff of the Board shall offer its recommendations
to the Planning Board.
(6)
If the Board acts favorably on the final plat or plan, the Chairman
and Secretary of the Board (or the acting Chairman or Secretary, where
either or both may be absent) shall affix their signatures to at least
10 paper copies of the plat or plan with the notification that it
has been approved. The applicant shall furnish such copies to the
Board for signing. Moreover, in the case of final subdivisions only,
the applicant shall include for signing one cloth copy and at least
two Mylar copies of the approved plat in addition to the 10 paper
copies.
(7)
For any application that is heard by the Board and is continued
for additional studies, reports, plans or revisions to previously
submitted material, the new or revised material must be submitted
to the Borough at least 10 days prior to the hearing at which the
new material is to be considered by the Board.
(8)
Should minor revisions or additions to the plat or plan be deemed
necessary, the Board may grant preliminary approval subject to specified
conditions and receipt of revised plans within 30 days from the date
of said approval. Revised plans will then be reviewed by the Board
to verify conformity with the resolution of approval within 30 days
after receipt of the revised submission. Five copies of the revised,
verified plan shall then be signed by the Borough Engineer. Two copies
will be sent to the Borough and one copy will be returned to the applicant.
After final development plans have been approved by the Board Engineer,
seven complete sets should be submitted to the Borough. The plans
will be stamped "approved" and distributed to staff with one set returned
to the applicant.
(9)
Any resolution by the Board shall be deemed to include a contingency
clause that all necessary approvals by other agencies having jurisdiction
over any aspect of the proposed development are required as a condition
of the Board's approval. Any substantial plan revision required by
an outside reviewing agency, including the County Planning Board,
after final action by the Planning Board will require a new substantive
review. Whenever a development application which has been the subject
of a public hearing has been substantially amended, the Board shall
require that an amended plat or plan be submitted and acted upon as
in the case of the original application.
(10)
After approval of the final plat or plan by the Board, the Administrative
Officer shall retain one paper copy of the signed plat or plan and
shall furnish other copies to each of the following within 10 days
from the date of the adoption of a resolution in accordance with Article
800 of this chapter:
(a)
Borough Clerk (one paper copy);
(b)
Borough Engineer (one paper copy and, in the case of subdivisions
only, one Mylar copy drawn to the Tax Map scale of one inch equals
100 feet or one inch equals 400 feet, as directed by the Borough Engineer);
(c)
Zoning Officer (one paper copy);
(d)
Borough Tax Assessor (one paper copy);
(e)
The applicant (one paper copy and, in the case of subdivisions
only, one Mylar copy); and
(f)
Such other Borough, county or state agencies and officials as
directed by the Board.
(11)
Within 95 days from the date of signing of the final subdivision
plat, the subdivider shall file a copy of same with the Middlesex
County Clerk. In the event of failure to file within said 95 days,
the approval of the major subdivision shall expire and any further
proceedings shall require the filing of a new application as in the
first instance. The Board, for good cause shown, may extend the filing
for an additional 95 days. The Board may extend the ninety-five-day
or one-hundred-ninety-day period 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 Planning Board. The developer may
apply for an extension either before or after the original expiration
date.
(12)
If the Board, after consideration and discussion of the final
plat or plan, disapproves the submission, a notation to that effect
shall be made by the Chairman of the Board on the plat or plan. The
Administrative Officer, within 10 days of such adoption, shall notify
the applicant of such disapproval and forward the applicant a copy
of the adopted resolution setting forth the reasons for the disapproval.
D.
Effect of final approval of major subdivision plats and major site
plans.
(1)
Final approval of a subdivision or site plan shall confer upon
the applicant the following rights for a period of two years from
the date on which the resolution of final approval is adopted:
(a)
The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed.
(b)
If the developer has followed the standards prescribed for final
approval, the Board may extend the period of protection for extensions
of one year each, not exceeding three such extensions.
(2)
In the case of a subdivision or site plan for a planned development
or residential cluster of 50 acres or more, or in the case of a conventional
subdivision or site plan of 150 acres or more, the Board may grant
the rights referred to hereinabove for such period of time, longer
than two years, as shall be determined by the Board to be reasonable
taking into consideration the number of dwelling units and nonresidential
floor area permissible under final approval; economic conditions;
and the comprehensiveness of the development. The developer may apply
for thereafter, and the Board may thereafter grant, an extension to
final approval for such additional period of time as shall be determined
by the Board to be reasonable taking into consideration:
(3)
Whenever the Board grants an extension of final approval pursuant to Article 900 or Subsection D(2) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Board shall grant an extension of final approval for a period 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 approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to Article 900 or Subsection D(2) hereinabove.[2]
[2]
Editor's Note: The checklists which immediately followed this
section can be found as an attachment to this chapter.