Township of Warren, NJ Chapter 15 Land Use Procedures and Development

Editor's Note: Former Chapter 15, Land Development, previously codified herein, was amended in its entirety by Ordinance No. 92-33. New Chapter 15, Land Use Procedures and Development has been codified in a separate volume. Prior ordinance history includes portions of Ordinance Nos. 81-2, 83-8, 83-11, 83-22, 84-14, 86-1, 86-6, 86-22, 87-21, 87-24, 88-2, 88-4, 88-8, 88-16, 88-28, 88-12, 89-10, 89-18, 89-22, 90-15, 90-22, 91-20, 92-1, 92-5 and 92-11.

§ 15-1 SHORT TITLE, PURPOSE, DEFINITIONS.

§ 15-1.1 Short Title.

[Ord. No. 92-33]

This chapter shall be known and may be cited as the "Land Use Procedures and Development Ordinance of the Township of Warren."

§ 15-1.2 Purpose.

[Ord. No. 92-33]

The purpose of this chapter shall be to provide procedure, rules, regulations and standards to guide land subdivision and site development in the Township of Warren in order to promote the public health, safety, convenience and general welfare of its inhabitants. It shall be administered to insure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services. Specifically, it is the intent and purpose of this chapter to:

a. Guide the appropriate development of all lands in this Township in a manner which will promote the public health, safety, morals and general welfare.

b. Secure safety from fire, flood, panic and other natural and man-made disasters.

c. Provide adequate light, air and open space.

d. Ensure that the development of this Township does not conflict with the development and general welfare of neighboring municipalities, the County of Somerset and the State as a whole.

e. Promote the preservation of the environment.

f. Encourage the appropriate and efficient expenditure of public funds.

g. Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.

h. Promote a desirable visual environment through creative development techniques and good civic design and arrangements.

i. Promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper development of land.

j. Encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of resources.

k. Encourage the control of surface water runoff, encourage the control of soil erosion and sedimentation and to prevent flooding and other damage to land.

l. Promote the utilization of renewable energy sources.

m. Promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal programs.

§ 15-1.3 Definitions.

[Ord. No. 92-33; Ord. No. 2000-26, § 1; Ord. No. 06-31, § 1; Ord. No. 10-07, § I; Ord. No. 11-09, § 1]

For purposes of this chapter, unless the context clearly indicates a different meaning, the following terms have the meanings indicated:

ACCESSORY BUILDING

A building separate from the principal building on the same lot.

ACID SOIL

A soil which, upon exposure to the atmosphere, becomes more acid and, as a result of its composition, continues to release additional acidity to surrounding soils, percolation groundwater and runoff water.

ACTIVITY

The type of business or use conducted upon a parcel of land.

ADMINISTRATIVE OFFICER

For the Planning Board, the Planning Board Clerk, and for the Zoning Board of Adjustment, the Zoning Board of Adjustment Clerk.

ALTERATION OF A BUILDING OR STRUCTURE

A change in the supporting members of building or structure; an addition, diminution or conversion of a building or a part thereof; or removal of building from one location to another.

APPEAL

A request for review of Township Officer's decision by the Planning Board or Board of Adjustment in his interpretation of any provision of this chapter or review of the Planning Board's or Board of Adjustment's grant of development permit or variance by the Township Committee.

APPLICANT

A developer or owner submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by this chapter for approval of a sketch plat, preliminary major subdivision, preliminary site plan, final site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-3 or N.J.S.A. 40:55-36.

APPROVING AUTHORITY

The Planning Board, the Zoning Board of Adjustment or the Township Committee, when acting pursuant to the authority of this chapter, unless a different agency is designated by this chapter.

AREA OF SHALLOW FLOODING

A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding.

AREA OF SPECIAL FLOOD HAZARD

The land in the flood plain within the Township subject to a 1% or greater chance of flooding in any given year.

BASE FLOOD

The flood having a 1% chance of being equalled or exceeded in any given year.

BASEMENT

An interior space or portion of an interior space having a floor level more than two feet below the outside elevation of ground at the foundation wall and having a ceiling height of not less than seven feet.

BIKEWAY

Any path separate from vehicular travel or a route clearly defined along a public right-of-way for exclusive use by bicycles.

BOARD OF ADJUSTMENT

The Board established pursuant to this chapter.

BREAKAWAY WALL

A wall that is not part of the structural support on the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

BUILDING HEIGHT

The vertical distance from the finished grade to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip and gambrel roofs.

CABLE TELEVISION COMPANY

A cable television company as defined pursuant to N.J.S.A. 48:5A-3.

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

CHANGE IN USE REQUIRING A VARIANCE

A change from permitted use to one not permitted under the zoning provisions (Chapter 16).

CHANNEL

The bed of stream, river, brook or spring which conveys water most of the time.

CIRCULATION

Systems, structures, and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.

CLUSTER DEVELOPMENT

Any grouping of buildings in close physical proximity to each other, usually arranged around a common feature, such as courtyard or open space.

COMMON OPEN SPACE

An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvement as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMPLETE APPLICATION

An application form completed as specified by this chapter and the rules and regulations of the board or agency before which the application is to be presented and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to a site plan or subdivision plat. The board or agency may require such additional information not specified in this chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision on the development application. The application shall not be deemed incomplete for lack of such additional information or any revisions in the accompanying documents so required by the municipal board or agency. An application shall be certified as complete upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal board or agency and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the municipal agency.

CONSTRUCTION STANDARDS

The construction specifications and standard construction detail as prepared by the Township Engineer of the Township of Warren.

CONVENTIONAL DEVELOPMENT

Development other than planned development or cluster development.

COUNTY MASTER PLAN

A composite of the Master Plan for the physical development of Somerset County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Somerset County Planning Board pursuant to N.J.S.A. 40:27-2 and Section 27-4.

COUNTY PLANNING BOARD

The Somerset County Planning Board.

CUTOFF LIGHT FIXTURE

A light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 80° above nadir (straight down at perfect vertical), through the light fixture's lowest light emitting part when the mounting height is 16 feet or less. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.

DAYS

Calendar days.

DETENTION BASIN

A Man-made or natural depression below ground level designed to collect surface and subsurface water so that it might impede its flow and to gradually release the same at a rate not greater than that prior to the development of the property, into natural or man-made outlets (i.e., the storm sewer system or stream).

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or land fill and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to this chapter.

DEVELOPMENT REGULATION

A zoning, subdivision or site plan regulation, Official Map or other Township regulation of the use and development of land or amendment thereto.

DIRECT GLARE SOURCE

Any direct glare source visible above a height of five feet at the subject property line.

DISCHARGE

The volume of water flowing past a given point per unit of time and measured in cubic feet per second.

DISTURBANCE

Any activity which involves the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of soil erosion.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and including the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public interest against flood damage in accordance with Chapter I of Title 58 of the Revised Statutes, as amended.

DRAINAGEWAY

Any watercourse, trench, ditch, depression or other hollow space in ground, natural or artificial, which collects or disperses water from land.

ELEVATED BUILDING

A nonbasement building (i) built in the case of building in an area of special flood hazard to have the top of the elevated floor or, in the case of a building in a coastal high hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by the means of piling, columns (post and piers), or shear walls parallel to the flow of water; and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" shall also include a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In areas of coastal high hazard, "elevated building" shall also include a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.

ENVIRONMENTAL ASSESSMENT REPORT (EAR)

A concise objective evaluation of the impact of a development on the natural and man-made resources of the Township.

ENVIRONMENTAL COMMISSION

The municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.

EROSION

The detachment and movement of soil or rock fragments by the natural effects of water, wind, ice and gravity.

EXCAVATOR

Any person who shall move or remove soil as said term is hereinafter defined in this chapter.

EXEMPT TRANSACTION

The following non-sales title transactions shall be "exempt transactions" as used in this chapter: the transfer of ownership between two former spouses ordered as a result of judicial decree of divorce; the transfer of ownership through an executor's deed to a Class A beneficiary; and the transfer of ownership by court order. All other title transfers shall be nonexempt.

FARMING

The use of land for agricultural or horticultural use or raising poultry or domestic livestock.

FENCE

A structure which encloses or borders a field or yard.

FINAL APPROVAL

The official action of the Planning Board, or the Zoning Board, as the case may be, taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion or approval conditioned upon the posting of such guarantees.

FINAL PLAT

The final map of all or a portion of the subdivision which is presented to the Planning Board, or the Zoning Board, as the case may be, for final approval in accordance with these regulations, and which, if approved, shall be filed with the Somerset County recording officer.

FLOOD DELINEATION MAP

The map identified in subsection 15-10.5b.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the Township.

FLOOD INSURANCE STUDY

The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Hazard Boundary-Floodway Map and the water surface elevation of the base flood.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

a. The overflow of inland waters.

b. The unusual and rapid accumulation of runoff of surface waters from any source.

FLOODPLAIN

Usually a relatively flat or low land area adjoining a river, stream, watercourse or lake which has been in the past or can reasonably be expected in the future to be covered temporarily by flood.

FLOODPLAIN AND WATERCOURSE PROTECTION AREA

An area in which development is regulated by Section 15-10 of this chapter.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without any increase in water surface elevation.

FOOTCANDLE (fc)

A unit of illuminance on a surface one foot square in area onto which there is a uniform flux of one lumen.

FOOTLAMBERT (fL)

A unit of luminance of a surface reflecting or emitting light at the rate of one lumen per square foot. The average luminance of any reflecting surface in footlamberts is the product of the illuminance in footcandles striking the surface times the reflectance of the surface.

GLARE

The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility.

GOVERNING BODY

The Township Committee of the Township of Warren.

GROSS FLOOR AREA

The area measured from external dimensions of a building, exclusive of floor areas which have a ceiling height of less than seven feet and basements.

HISTORIC SITE

Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archaeological, cultural, scenic or architectural significance.

IESNA

Illuminating Engineering Society of North America. An organization that recommends standards for the lighting industry.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. For purposes of this definition and application to Township regulations contained in this chapter and Chapter 16 (Zoning), impervious surfaces of dry-laid paver blocks and nontongue and groove decking shall be calculated as 50% surface area.

IMPROVEMENT

Street paving and the widening, extension or modification of existing paving, curbs, sidewalks, bikeways, storm drains or appurtenances, drainage structures, culverts, fire hydrants, driveways, sanitary sewers, water mains or appurtenances, gutters, street signs, retaining walls and the like.

IMPROVEMENTS SUBSTANTIALLY COMPLETE

When all necessary public service facilities and improvements are in place and approved by the department having jurisdiction over such facilities. Improvements shall include water, sanitary sewer or other systems as applicable, electric and telephone service, storm water drainage facilities including site grading; road improvements including curbing, base course(s), and other site improvements necessary to the health and safety of site occupants or visitors to the site (customers, employees or others) as the case may be; open space including submission of deed, of dedication or establishment of owner association as the case may be.

INTERESTED PARTY

a. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.

b. In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any law of this State or of the United States has been denied, violated or infringed by an action or a failure to act under this chapter.

JUNK

Old or scrap copper, glass, brass, rags, batteries, paper, trash, rubber, debris, waste or junked, dismantled or wrecked automobiles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous metals and any old, discarded or any waste material of any type and all other materials commonly or generally known as "junk" in the ordinary meaning of the word.

JUNKYARD

A place where old metal, junk or material of any kind, including, but not by way of excluding, disabled vehicles either held or not held for sale in parts of junk metal or materials, paper, glass, rags, bags or other old material is collected, bought, sold, stored or dealt in. Any place, establishment or land which is maintained, operated or used for storing, keeping, buying, selling or just leaving junk on such premises or for the maintenance or operation of an automobile graveyard is hereby defined as a "junkyard."

LAND

Any ground, soil or earth, including sandy areas, marshes, swamps, drainageways and areas not permanently covered by water. The term "land" includes improvements and fixtures on, above or below the surface.

LIGHT TRESPASS

Any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in Exhibit A.[1]

LOADING SPACE

An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.

LOCAL UTILITY

Means any sewerage authority created pursuant to the "Sewerage Authorities Law," P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities authority created pursuant to the "Municipal and County Utilities Authority Law," P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer services of the Township of Warren or the residents thereof.

LOT

A designated parcel, tract or area of land established by plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

The total area, measured in square feet or acres, of a lot, and shall not include:

a. Any land lying within any abutting street right-of-way.

b. Any land within 25 feet of the center line of a street.

c. Any land shown within a street right-of-way on the Master Plan or Official Map of the Township or County.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements.

MAINTENANCE GUARANTEE

Any security which may be deemed acceptable to maintenance of duly approved improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.

MAJOR SITE PLAN

Any site plan not classified as a minor site plan.

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.

MAYOR

Chairman of the Township Committee of Warren.

MINING

An extractive process involving the removal of soil, earth, sand, clay, gravel, humus, peat or other organic and mineral materials.

MINOR SITE PLAN

A development plan of one or more lots in which (1) the size of the existing building is not increased by more than 10% or 500 square feet whichever is lesser and the plan does not increase the number of off-street parking spaces by more than 10% of existing or more than five spaces in number, whichever is lesser; (2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42 and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by Section 15-6 for approval of minor site plan have been met.

MINOR SUBDIVISION

A subdivision of land for the creation of three or fewer lots, including remaining land, fronting on an existing street; provided that such subdivision does not involve (1) a planned development, (2) any new street or (3) the extension of an off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

MOBILE HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "mobile home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "mobile home" does include park trailers, travel trailers and other similar vehicles.

MOBILE HOME PARK or MOBILE HOME SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MOVE

To dig or excavate, to remove, to deposit, to place, to fill, to grade, regrade, level or otherwise alter or change the location or contour, to transport or to supply.

MUNICIPAL AGENCY

The Township Planning Board, Board of Adjustment, or governing body of this Township, when acting pursuant to N.J.S.A. 40:55D-1 et seq. and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to N.J.S.A. 40:55D-1 et seq.

MUNICIPALITY

The Township of Warren.

NATURAL DRAINAGE PATTERN

The usual pre-development topographical pattern or system of drainage of surface water runoff from a particular site prior to land disturbance, including drainageways and watercourse which carry surface water only during periods of heavy rains, storms or floods.

NEW CONSTRUCTION

Structures for which the "start of construction" commenced with excavation for and installation of footing(s).

NONCONFORMING LOT

A lot, the area, dimension or location of which was lawful prior to adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE

A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NUISANCE

An unreasonable, offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, constituting a substantial invasion or disturbance of others' rights, including but not limited to an excessive or concentrated movement of noise, dust, smoke, fumes, odor, glare, flashes of light, vibration, shock waves, heat, electronic or atomic radiation or liquid or gaseous objectionable effluent.

OFF-TRACT

Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

OFFICIAL MAP

A map adopted by ordinance pursuant to article 5 of P.L. 1975, c. 291.

OFFSITE

Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

ONSITE

Located on the lot in question.

OPEN-SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

OPENING

Removing, digging in, disturbing, excavating or taking up any surface, pavement or soil of any street or right-of-way area.

OUTDOOR ENCLOSED LIGHT FIXTURE

An electrically powered illuminating device which is either temporarily or permanently installed outdoors, including but not limited to, devices used to illuminate any site, architectural structure or sign. The face of lamp must be recessed within the enclosure and any glass/plastic protective or diffusing device cannot extend beyond that enclosure.

OWNER

Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this chapter.

PARKING SPACE

An area of not less than nine by 18 feet served by an adequate drive and intended primarily for the parking of a registered and operating motor vehicle.

PARTY IMMEDIATELY CONCERNED

For purposes of notice on any application for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.

PAVEMENT

The regularly traveled portion of any street.

PERFORMANCE GUARANTEE

Performance guarantee means any security which may be accepted by a municipality, in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including, but not limited to performance bonds, letters of credit under the circumstances specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.

PERSON

Any individual, firm, association, partnership, corporation or other legal entity, or any combination thereof.

PLANNED COMMERCIAL DEVELOPMENT

An area of minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenances common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED DEVELOPMENT

Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

PLANNING BOARD

The Township of Warren Planning Board established pursuant to N.J.S.A. 40:55D-23.

PLAT

A map or maps of subdivision or site plan.

PRE-DEVELOPMENT

The condition of the site previous to any modification of the land requiring municipal agency approval.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to N.J.S.A. 40:55D-46 and N.J.S.A. 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

Architectural drawings prepared during the early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.

PUBLIC AREAS

(1) Public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSALS

A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGE WAY

The land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological, ecological, as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen non-point pollution.

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, State or County agency, or other public body for recreational or conservational uses.

PUBLIC UTILITY

Any public utility regulated by the Board of Regulatory Commissioners as defined pursuant to N.J.S.A. 48.2-13.

QUORUM

The majority of the full authorized membership of a municipal agency.

RE-SUBDIVISION

(1) The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or (2) the alteration of any street rights-of-way or the establishment of any new street within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

RECHARGE BASIN

A detention basin designed not only to release water gradually into a natural or man-made outlet, but also to percolate into the ground consistent with subsurface strata. Such basins are designed for sandy or gravel soil with little evidences of fines (soil that passes through a 200 mesh sieve).

RESIDENTIAL CLUSTER

An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL DENSITY

The number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development prior to approval.

RETENTION BASIN

A man-made or natural body of water containing water at all times, the level of which will be increased as a result of the flow into it of surface and subsurface water, collected therein and released gradually into natural or man-made outlets.

REVERSE SUBDIVISION

The combining of two or more existing lots into a single lot.

RIGHT-OF-WAY

Any property either owned by the Township of Warren in fee simple or over which the Township has an easement and which is held by the Township for road purposes or for any other municipal utility or other purposes. The said area providing access for Township purposes.

RUNOFF

The flow of water collected from a drainage basin or watershed, the rate of which is measured in cubic feet per second.

SECTION

Any building or grouping of buildings or lots set apart by natural features, landscaping or buffers from other parts of the development so as to constitute an identifiably separate portion of the development or portion of a development proposal specifically approved by the municipal agency to be developed as a separate unit.

SEDIMENTATION

The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SHOULDER

That area within the street right-of-way adjacent to the existing pavement and available for use by vehicular traffic.

SIGHT TRIANGLE

A triangularly shaped area used as a line of vision established at intersections in accordance with the requirements of this chapter, in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between height of 30 inches and seven feet above the center line grade of either street.

SIGHT TRIANGLE EASEMENT

An easement which allows the grantee of said easement to have the right of entry into an established sight triangle area to remove any obstruction to vision within the sight triangle area not conforming to the standards of the definition of "sight triangle," following due notice to the property owner.

SITE

Any plot, parcel or parcels of land.

SKETCH PLAT

The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.

SKY GLOW

Luminance in the atmosphere caused by dust, water vapor, and other particles that reflect and scatter any stray lighting that is reflected or emitted into the atmosphere.

SOIL

Any earth, sand, clay, loam, gravel, humus, rock or dirt without regard to the presence or absence therein of organic matter.

SOIL EROSION AND SEDIMENT CONTROL PLAN

A scheme which indicates land treatment measures, including a schedule of timing of their installation, to minimize soil erosion and sedimentation before, during and after disturbance. The minimum standards for the control of soil erosion and sedimentation shall be the Standards for Soil Erosion and Sediment Control, as promulgated by the New Jersey State Soil Conservation Committee, and may be cited in this chapter as "standards."

SOIL MOVEMENT PERMIT

A permit for the addition, removal or movement of soil located on any lot within the Township of Warren.

STANDARDS OF PERFORMANCE

Standards adopted by this chapter pursuant to N.J.S.A. 40:55D-65 regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Township or required by applicable Federal or State laws or municipal ordinances.

START OF CONSTRUCTION

(For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348) shall include substantial improvement and mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start shall mean either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

STORM WATER RETENTION

A facility or other means used to control water runoff.

STREAM CORRIDOR

An area adjacent to a stream within which, to the extent practicable, natural cover is maintained, no alteration of natural terrain occurs and no structures or impervious surfaces are located.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing State, County or municipal roadway and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:

a. Arterial streets shall mean those which are used primarily for fast heavy traffic.

b. Secondary traffic streets shall mean streets connecting places of relatively dense settlement with each other and with arterial streets and intended primarily for inter-municipal and commuter traffic.

c. Connector streets shall mean those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance of a residential development.

d. Minor streets shall mean those which are used primarily for access to the abutting properties.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of a parcel of land and includes a mobile home, gas or liquid storage tank.

SUBDIVIDER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created: (a) divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size, (b) divisions of property by testamentary or intestate provisions, (c) divisions of property upon court order, and (d) conveyances so as to combine existing lots by deed or other instrument, and (e) the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the Township. The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION AND SITE PLAN COMMITTEE

A committee of at least three Planning Board or Zoning Board of Adjustment members appointed by the Chairman of the Board for the purpose of reviewing development applications and such other duties relating to land subdivision and site plan review which may be conferred on this committee by the Board.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

a. Before the improvement or repair is started; or

b. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

1. Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

SUPERINTENDENT

The Superintendent of Public Works or such individual designated by the Township Committee to perform the duties of Superintendent.

SURFACE WATER MANAGEMENT PLAN

A plan which fully indicates sufficient surface water runoff control measures to effectively minimize surface water runoff damage before, during and after land disturbance.

SWIMMING POOL

a. A private swimming pool is any constructed pool which is used, or intended to be used, as a swimming pool in connection with a building of Use Group R-3 and available to the family of the householder and his private guests.

b. A public swimming pool is any swimming pool other than a private swimming pool.

TOPSOIL

Soil that, in its natural state, constitutes the top layer of earth and is composed of 2% or more, by weight of organic matter and has the ability to support vegetation.

TRANSCRIPT

A typed or printed verbatim record of the proceedings or reproduction thereof.

TRANSITION LOT

A contiguous property, subject to common ownership, which is divided by a boundary line between a residential and nonresidential zone district.

USE

The specific purpose for which a parcel of land or a building or portion of a building is designed, arranged, intended, occupied or maintained.

VARIANCE

Permission to depart from the literal requirements of the zoning provisions of Warren Township.

VELOCITY

The distance traveled in a specific amount of time and measured in feet per second.

VOLUME

The quantity of liquid or solid, measured in gallons, acre feet or cubic feet.

WALKWAY or SIDEWALK

A way for carrying pedestrian traffic which may be located within the right-of-way provided for a street, or may be located adjacent to a property line, between lots, and laid out so that it may provide pedestrian traffic along a street or between lots.

WATER SURFACE ELEVATION

The projected heights in relation to mean sea level reached by floods of various magnitudes and frequencies in the floodplains of riverine areas.

WATERCOURSE

Any natural or artificial path of water movement having eroded banks, beds, boundaries or channels, whether perennial or intermittent, as well as the land thereunder. Where the level of water varies with the season, and the annual rainfall and/or other factors, natural or artificial, it shall be measured by reference to the high-water mark.

WATERCOURSE PROTECTION AREA

The watercourse, floodway, flood fringe, area of special flood hazard and a contiguous area that buffers the flood plain thereof, subject to abnormal fluctuations in discharge and burdens of foreign substances which would arise from developments. This includes those points which are not more than five feet in elevation above the tops of the banks of any watercourse or 50 feet in distance from the area of special flood hazard, whichever is greater.

WATERSHED

An area of land which collects surface water runoff draining toward lower elevations via a system of watercourses.

ZONING PERMIT

A document signed by the Zoning Officer which:

a. Is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building.

b. Acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency.

[1] Editor's Note: Exhibit A, "Warren Lighting Standards and Regulations" may be found at the end of Section 15-7.

§ 15-2 APPROVING AGENCIES AND APPEALS.

[Ord. No. 92-33]

The approval provisions of this chapter shall be administered by the Township of Warren Planning Board or Board of Adjustment in accordance with this chapter and N.J.S.A. 40:55D-1 et seq., as amended and as applicable. No development of land shall hereafter be effected in the Township except pursuant to this chapter.

§ 15-2.1 Planning Board.

[Ord. No. 92-33]

a. Establishment; composition.

[Amended 1-23-2020 by Ord. No. 20-02]

1. There is hereby established in the Township, pursuant to N.J.S.A. 40:55D-1 et seq., a Planning Board of nine members consisting of the following four classes:

(a) Class I: the Mayor or the Mayor’s designee in the absence of the Mayor.

(b) Class II: one of the officials of the Township other than a member of the Township Committee, to be appointed by the Mayor, provided that the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member, if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.

(c) Class III: a member of the Township Committee to be appointed by it.

(d) Class IV: six other citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that in the case of nine-member boards, one such member may be a member of the Zoning Board of Adjustment. No member of the Board of Education may be a Class IV member of the Planning Board, except that in the case of a nine-member board, one Class IV member may be a member of the Board of Education. The member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board member, unless there shall be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board and a member of the Board of Education, in which case the member common to the Planning Board and Municipal Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered a holding of municipal office.

2. Alternate members: two other citizens of the Township to be appointed by the Mayor. The alternate members of the Planning Board shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." A vacancy occurring other than by expiration of term shall be filled by the Mayor for the unexpired term only. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

b. Appointment and Terms. The term of the member composing Class I shall correspond to his official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first. The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first. The terms of all Class IV members first appointed under this act shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term. No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause. All terms shall run from January 1 of the year in which the appointment is made.

The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the terms of not more than one alternate member shall expire in any one year; provided however, that in no instance shall the terms of the alternate members first appointed exceed two years.

If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by subsection b of N.J.S.A. 40:55D-23 or Section 13 of N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's personal or financial interest therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.

c. Officers. The Planning Board shall elect a Chairperson and Vice Chairperson from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a Township employee designated by it.

d. Planning Board Attorney. There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney who shall be an attorney other than the Township Attorney.

e. Experts and Staff. The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.

f. Powers and Duties Generally. The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:

1. To make and adopt and from time to time amend a Master Plan for the physical development of the Township, including any areas outside its boundaries, which in the Board's judgement bear essential relation to the planning of the Township, in accordance with the provisions of N.J.S.A. 40:55D-1, et seq.

2. To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the Township in accordance with the provisions of such ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1, et seq.

3. To participate in the preparation and review of programs or plans required by State or Federal law regulations.

4. To assemble data on a continuing basis as part of a continuous planning process.

5. To consider and make report to the Township Committee within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also pass upon other matters specifically referred to the Planning Board by the Township Committee, pursuant to the provisions of N.J.S.A. 40:55D-26(b).

6. When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:

(a) Variances pursuant to N.J.S.A. 40:55D-70(c), from lot area, lot dimensional setback and yard requirements provided that such relief from lot area requirements shall not be granted for more than one lot.

(b) Issuance of permits for buildings or structures. For purposes of preserving the integrity of the Official Map of the Township, no permit shall be issued for any building or structure in the bed on any street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32 as shown on the Official Map, or shown on a plat filed pursuant to this chapter under N.J.S.A. 40:55D et seq. before adoption of the Official Map except as herein provided. Whenever one or more parcels of land, upon which is located in the bed of such a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32 cannot yield a reasonable return to the owner unless a building permit is granted, the Board of Adjustment, may, in a specific case, by an affirmative vote of a majority of the full authorized membership of the Board, direct the issuance of a permit for a building or structure in a bed of such mapped street or public drainage way or flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32 which will as little as practicable increase the cost of opening such street, or tend to cause a minimum change of the Official Map and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public. N.J.S.A. 40:55D-72 through N.J.S.A. 40:55D-75 shall apply to applications or appeals pursuant to this chapter.

The Board of Adjustment shall not exercise the power otherwise granted by this chapter if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with the Planning Board has power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60(b).

7. To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Township Committee or other agencies or officers.

g. Citizens Advisory Committee. The Mayor may appoint one or more persons as a Citizens Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.

h. Environmental Commission. The Planning Board shall make available to the Environmental Commission a copy of every application for development to the Planning Board.

i. Rules and Regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953, R.S. 2A:67A-1, et seq. shall apply.

§ 15-2.2 Zoning Board of Adjustment.

[Ord. No. 92-33; Ord. No. 06-09 § 1]

a. Establishment; Composition. A Zoning Board of Adjustment is hereby established, pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven residents of the Township appointed by the Township Committee to serve for terms of four years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided that the initial term of no member shall exceed four years. Thereafter the term of each member shall be for four years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment. All such members shall continue in office until the completion of the term for which they were appointed.

No member of the Zoning Board of Adjustment may hold any elective office or position within the Township.

A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

The Township Committee may appoint two alternate members to the Zoning Board of Adjustment. Alternate members shall be designated by the Township Committee as "Alternate No. 1" and "Alternate No. 2," shall serve during the absence or disqualification of any regular members, shall be appointed for two years.

If the Board of Adjustment lacks a quorum because any of its regular or alternate members are prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairperson of the Planning Board shall make the choice.

b. Officers. The Board of Adjustment shall elect a Chairperson and Vice Chairperson from its members and shall also select a Secretary who may be either a Board member or another Township employee.

c. Board of Adjustment Attorney. There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint, fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney other than the Township Attorney.

d. Experts and Staff. The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.

e. Rules and Regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953, 7.R.S. 2A:67A-1 et seq., shall apply.

f. Powers of Zoning Board of Adjustment. The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto, and with the provisions of this chapter.

It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including not by way of limitation, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this chapter, or Chapter 16, or any term, clause, sentence or word thereof, and the Zoning Map, in accordance with the general rules of construction, applicable to legislative enactments.

The Board may, in appropriate cases and subject to appropriate conditions and safeguards grant variances from the terms of this chapter or Chapter 16 in accordance with the general or specific rules contained herein, and with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of this chapter or Chapter 16 would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in N.J.S.A. 40:55D-1 et seq., or subsequent statutes in such case made and provident and it shall, from time to time, furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may be filed with the Board for its decision thereon.

g. Powers Granted by Law. The Board of Adjustment shall have such powers as are granted by law to:

1. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the zoning ordinances of the Township of Warren.

2. Hear and decide requests for interpretation of the map or zoning ordinances of the Township of Warren or for decisions upon other special questions upon which such Board is authorized by the zoning ordinances of the Township of Warren to pass.

3. Where: (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to article 8 of the Municipal Land Use Law would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship. Where in an application or appeal relating to a specific piece of property the purposes of the Municipal Land Use Law would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations, provided, however, that no variance from those departures enumerated in paragraph g4 of this subsection shall be granted under this paragraph; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has power to review a request for a variance pursuant to subsection 60 of the Municipal Land Use Law; and

4. In particular cases and for special reasons, grant a variance from Warren Township zoning regulations to permit: (1) a use or principal structure in a district restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4, (5) an increase in the permitted density as defined in N.J.S.A. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision or (6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the zone district for a principal structure. A variance under this paragraph shall be granted only by affirmative vote of at least five members.

If an application for development requests one or more variances but not a variance for a purpose enumerated in paragraph g4 of this subsection, the decision on the requested variance or variances shall be rendered under paragraph g3 of this subsection.

No variance or other relief may be granted under the terms of this subsection unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the Zone Plan and Zoning Ordinance.

h. Additional Powers. The Zoning Board of Adjustment shall, in addition to the powers specified in subsection 15-2.2f of this chapter, have power by law to:

1. Direct issuance of permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.

2. Where the enforcement of N.J.S.A. 40:55D-35 would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to be related to a street, the Board of Adjustment may upon application or appeal, vary the application of N.J.S.A. 40:55D-35 and direct the issuance of a permit subject to conditions that will provide adequate access for fire fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or on a general circulation plan element of the municipal Master Plan pursuant to paragraph (4) of N.J.S.A. 40:55D-28.

The Board of Adjustment shall not exercise the power otherwise granted by this subsection if the proposed development requires approval by the Planning Board of subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60.

The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to Article 6 of N.J.S.A. 40:55D-1 et seq., or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to this chapter.

i. Time for Decision.

1. Time Limit. The Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer, or the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70(b).

2. Failure to Render Decision. Failure of the Board to render a decision within such 120-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

j. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in her/his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.

k. Power to Reverse or Modify Decisions. In exercising the above mentioned power, the Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq., (or amendments thereto), reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from, and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.

l. Expiration of Variance.

1. Any variance under this chapter or Chapter 16 hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises, shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by such variance, or unless such permitted use has actually been commenced, within 12 months from the date of entry of the judgment or determination of the Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the Township Committee, or to a court of competent jurisdiction, until a full determination is made in any manner of such appeal or proceeding, or if the applicant were barred or prevented directly or indirectly from proceeding by reason of a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare, or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare, if the applicant is otherwise ready, willing and able to proceed under the variance, pursuant to N.J.S.A. 40:55D-21.

2. The Board of Adjustment is authorized to consider requests for an extension of the twelve-month limitation period, upon a showing of good cause, after a hearing held upon notice to all parties entitled to notice under N.J.S.A. 40:55D-12. The Board of Adjustment may consider such requests for extensions whether the request is made prior to, or after, the expiration of the twelve-month limitation period, however, in such case where the request is made by the applicant after the expiration of the limitation period, the applicant must also establish good cause for failing to make the request prior to the expiration of the limitation period.

3. If the variance approvals are granted in conjunction with a minor subdivision approval or minor site plan approval, the twelve-month limitation period shall automatically be extended for a period of one year from the date on which the resolution of the Board of Adjustment is adopted.

4. If the variance approvals are granted in conjunction with a preliminary major subdivision approval or preliminary major site plan approval, the twelve-month limitation period automatically shall be extended for a period of one year from the date on which the resolution of the Board of Adjustment is adopted.

m. Appeals and Applications to Board of Adjustment.

1. Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

2. A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.

n. Annual Report on Variances Heard by Zoning Board. The Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on Zoning Ordinance provisions which were the subject of variance requests and its recommendations for Zoning Ordinance amendment or revision, if any. The Board of Adjustment shall send copies of the report and resolution to the Township Committee and Planning Board.

§ 15-2.3 Provisions Applicable to Both the Planning Board and the Zoning Board of Adjustment.

[Ord. No. 92-33; Ord. No. 03-11, § 1; Ord. No. 03-25 § 2; Ord. No. 2017-22]

a. Conflicts of Interest. No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he or she has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on particular matter, he or she shall not continue to sit with the board on the hearing of such matter nor participate in any discussion or decision relating thereto.

b. Meetings.

1. Scheduled Meetings. Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.

2. Special Meetings. Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.

3. Quorum Required. No action other than adjournment to a future date shall be taken at any meeting without a quorum being present.

4. Majority Vote of Quorum. All actions shall be taken by majority vote of a quorum except as otherwise required or permitted by any provision of N.J.S.A. 40:55D-1 et seq.

5. Meetings Open to the Public. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-1 et seq. An executive session for the purpose of discussing and studying any matters to come before either board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.

c. Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Township Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party shall be charged the standard Township fee for reproduction of the minutes for his use as provided for in the rules of the Board.

d. Hearings.

1. Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq., or this chapter.

2. Oaths; Subpoenas for Witnesses. The officer presiding at the hearing or such persons as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law P.L. 1953, c. 38, R.S. 2A:67A-1, et seq., shall apply.

3. Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

4. Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

5. Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.

e. Notice Requirements for Hearings. Whenever a hearing (which includes, not by way of limitation, a hearing before the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70a or 40:55D-70b is held before the Zoning Board of Adjustment or the Planning Board pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows and for each class of application set forth below: (a) any request for a variance; (b) any request for the issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street; (c) any request for site plan approval but not including minor site plan as defined herein; (d) any request for preliminary subdivision approval; (e) any request for a variation for the Flood Hazard and/or Water Course Protection regulations set forth in Section 15-10 of this chapter.

1. Public Notice. Public notice shall be given by publication in the official newspaper of the Township at least 10 days prior to the date of the hearing.

2. Notice to Property Owners. Notice shall be given to the owners of all real property as shown on the current tax duplicate located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the Township in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner, as shown on the current tax duplicate or his agent in charge of the property, or mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return receipt is not required. This requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.

Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice-president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or area located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.

3. Notice to Public Utilities, Cable Television Companies and Local Utilities. Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this chapter requiring public notice hereunder shall be given, in the case of a public utility, cable television company, or local utility which possesses a right-of-way or easement within the Township and which has registered with the Township in accordance with paragraph e4 below, by (i) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company, or local utility, or (ii) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.

4. Registration. Every public utility, cable television company, and local utility interested in receiving notice pursuant to paragraph e3 above may register with the Land Use Coordinator in the event the public utility, cable television company, or local utility has a right-of-way or easement within the Township. The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest.

The Township Clerk shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered pursuant to paragraph e5 below. The registration form shall include the name of the public utility, cable television company, or local utility and the name, address, and position of the person to whom notice shall be forwarded, as required pursuant to paragraph e3 above. The information contained therein shall be made available to any applicant, as provided in paragraph e5 below.

The Township requires the payment of a registration fee of $10 from any public utility, cable television company, or local utility which registers to receive notice as set forth herein.

By no later than March 17, 1992, the Township Clerk shall notify the corporate secretary of every local utility that, in order to receive notice by an applicant pursuant to paragraph e3 above, the utility shall register with the Township in the event the utility has a right-of-way or easement within the Township.

Failure to give notice as required in paragraph e3 above shall not invalidate any hearing or proceeding held or to be held, or any preliminary or final approval granted or to be granted from August 7, 1991, until April 1, 1992.

[Ord. No. 2017-22]

5. Upon the written request of an applicant, the Land Use Coordinator shall, within seven days, make and certify a list from said current tax duplicated of names and addresses of owners to whom the applicant is required to give notice pursuant to paragraph b of this subsection. In addition, the Land Use Coordinator shall include on the list the names, addresses and position of those persons who, not less than seven days prior to the date in which the applicant requested the list, have registered to receive notice pursuant to paragraph e4 above. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding. A sum of $10 shall be charged for such list.

[Ord. No. 2017-22]

6. Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.

7. Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other County land or situated within 200 feet of a municipal boundary.

8. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.

9. Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Township Clerk.

10. The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this subsection.

f. Decisions.

1. Board Resolution. Each decision on any application for development shall be set forth in writing as a resolution of the Board which shall include findings of fact and legal conclusions based thereon.

2. Copies of Decision. A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Township Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Township.

g. Publication of Decision. A brief notice of every final decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. Such notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

h. Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the Township will be adequately protected.

§ 15-2.4 Technical Coordinating Committee (TCC).

[Ord. No. 92-33]

a. Purpose and Scope. The Technical Coordinating Committee (hereinafter referred to as TCC) shall review all applications for the development of land (involving subdivision or site plan) within the Township of Warren, except for minor subdivisions where there are no variances involved and the subdivided property is not located within steep slope or wetlands designated areas, site plan waiver requests or applications for final site plan or subdivision approval, whether the formal application for the same will be heard before the Planning Board or the Board of Adjustment, or both of those bodies.

b. The Planning Board or the Board of Adjustment may waive review by the TCC, but only at a public meeting of the Board and at which the applicant presents facts and reasons justifying waiver of TCC review or the Board determines that TCC review is not warranted.

c. Composition of TCC.

1. The TCC shall have as members the following Township officials or substitutes designated by the respective official:

Chairperson of the Planning Board (Optional at said party's election)

Construction Code Enforcement Official

Development Coordinator

Environmental Commission Representative as designated by the Environmental Commission Chairperson

Fire Department Representative

Police Department Representative

Public Works Representative

Township Engineer and/or Assistant Engineer

Township Planner

Township Sewer Authority Engineer

Township Zoning Officer

Township T.C.C. Secretary

Township Planning Board Representative

2. The respective chairpersons of the Planning Board and Zoning Board of Adjustment may appoint, for up to a period of one year, other municipal officials, representatives or other governmental agencies or citizens of the Township to sit on the TCC.

d. Meetings.

1. Minutes of the TCC will be taken and maintained by the Township, but no testimony shall be offered or accepted.

2. The TCC secretary shall establish the meeting schedule thereafter, the schedule shall be published on or before February 15 of each year for that year. The said schedule may be modified at any time during any year at the discretion of the said Committee upon 10 days' notice of said modification. Any additional meetings shall be held at the discretion of the TCC or as requested by the Planning Board or the Board of Adjustment.

e. Responsibilities of the TCC.

1. The TCC shall review each application and shall advise the Planning Board or the Board of Adjustment of any deficiencies found relative thereto if the same are not corrected by the applicant.

2. The TCC shall review each application for compliance with the Township's zoning requirements, development regulations, sound planning policies and design standards and shall advise in a timely manner the applicant, the Planning Board or the Board of Adjustment of its findings in writing.

The findings of the TCC shall in no way be construed to relieve the applicant of the responsibility for complying with zoning requirements, development regulations and design standards and shall not be binding on either the Board or the applicant.

3. The TCC shall advise, in a timely manner, the Planning Board or the Board of Adjustment as to the current status of applications before it. The TCC shall also advise both the Planning Board and the Board of Adjustment of the need for special meetings of the TCC which shall be scheduled by the TCC or the Planning Board or the Board of Adjustment at the direction of the Chairman of either Board.

4. The TCC shall, at the request of either the Planning Board or the Board of Adjustment, provide technical support at meetings of the Board which support may include the presentation of supplementary technical information or independent studies in addition to the written comments resulting from its review.

5. The TCC shall consult with the Police and Fire Departments and Engineering Departments of the municipality, County and State, and any other agency it deems appropriate, if members from those agencies were not present at the hearing on an application.

§ 15-2.5 Appeals to the Township Committee.

[Ord. No. 92-33]

a. Who May Appeal. Any interested party desiring to appeal any final decision of the Board of Adjustment approving an application for development pursuant to paragraph (d) of N.J.S.A. 40:55D-70 may appeal to the Township Committee.

b. Time Period for Appeal. Any appeal shall be made within 10 days of the date of publication of such final decision. The appeal to the Township Committee shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the ground thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the Township Committee only upon the record established before the Board of Adjustment.

c. Notice of the meeting to review the record below shall be given by the Township Committee by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to subsection h of Section 6 of N.J.S.A. 40:55D-10.

d. The appellant shall, (1) within five days of service of the notice of the appeal pursuant to paragraph a hereof, arrange for a transcript pursuant to N.J.S.A. 40:55D-17c for use by the Township Committee and pay a deposit of $50 or the estimated cost of such transcript, whichever is greater, or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Township Clerk; otherwise, the appeal may be dismissed for failure to prosecute.

The Township Committee shall conclude a review of the record not later than 95 days from the date of publication of notice of the decision below, unless the applicant requests in writing to an extension of such period. Failure of the Township Committee to render a decision within such specified period shall constitute a decision affirming the action of the Board.

e. The Township Committee may reverse, remand, or affirm with or without the imposition of conditions the final decision of the Board of Adjustment approving a variance pursuant to subsection d of N.J.S.A. 40:55D-70. The review shall be made on the record made before the Board of Adjustment.

f. The affirmative vote of three members of the full authorized membership of the Township Committee shall be necessary to reverse, revise, or remand to the Board of Adjustment or to impose conditions on or alter conditions to any final action of the Board of Adjustment. Otherwise, the final action of the Board of Adjustment shall be deemed to be affirmed; tie vote of the Township Committee shall constitute affirmance of the decision of the Board of Adjustment.

g. An appeal to the Township Committee shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Board from whose action the appeal is taken certifies to the governing body, after the notice of appeal shall have been filed with such Board, that by reason of facts stated in the certificate, a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Board from whom the appeal is taken and on good cause shown.

h. The Township Committee shall mail a copy of the decision to the appellant or, if represented, then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the Township. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication.

i. Nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction, according to law.

§ 15-3 FILING OF APPLICATION.

§ 15-3.1 Filing.

[Ord. No. 92-33]

Applications shall be filed with the administrative officer to the Planning Board or administrative officer to the Zoning Board of Adjustment dependent upon the respective Board's jurisdiction. The appropriate administrative officer shall determine completeness of the application and notify the applicant in accordance with Section 15-4 of this chapter.

Applications shall be filed on forms provided by the respective Boards and conform to requirements and standards set forth in Section 15-6 of this chapter. No application shall be accepted if not in compliance with minimum submission standards as follows:

a. Complete application with required signatures.

b. Payment of escrow fees.

c. Payment of application fee.

d. Submission of required number of maps.

§ 15-3.2 Concept Plan.

[Ord. No. 92-33]

An applicant may submit a concept plan for informal discussion prior to formal application. No fee under Sections 15-5a and 15-5b shall be charged for such submission. A fee as provided in Section 15-5c (escrow) shall be paid prior to informal review by the Board having jurisdiction. The plan shall be drawn based upon applicable standards set forth in Section 15-6 through 15-8 of this chapter.

§ 15-3.3 Abandoned Land Development Applications; Board Ability to Dismiss Applications.

[Ord. No. 94-22]

a. In the event an application for land development has been determined to be incomplete in accordance with the provisions of the checklist section (Section 15-6: "Standards for Complete Application and Plat Details"), the application shall be administratively terminated and the applicant will be required to file a new application, if the applicant desires, to proceed unless:

1. The applicant files additional information with the Board in a reasonable attempt to satisfy the checklist deficiencies within six months of the letter of incompleteness or the last letter of continued incompleteness; or

2. The applicant files with the Board before which the application was filed a written request to extend such period prior to the expiration of six months from the issuance of a letter of incompleteness or the last letter of continued incompleteness. Such letter shall include an explanation of the reasons why the applicant cannot make the application complete within the time allowed. The said Board shall decide whether to allow the application to remain active or dismiss the same.

b. Once an application has been determined to be complete, the applicant shall diligently proceed with the presentation of the application before the Board before which the same was filed. In the event the applicant fails to proceed with the application when scheduled by the Board before which it is pending for a period of 120 days or more, the Board may, upon prior written notice to the applicant of not less than 15 days, dismiss the application without prejudice.

§ 15-3.4 Request for Rezoning.

[Ord. No. 12-15]

a. Any rezoning request made by a property owner or by the beneficial owner of any property within the Township (other than for a rezoning initiated by the Township or any of its constituent boards, bodies or agencies or by any instrumentality of the County or of the State of New Jersey) shall be made in writing to the Township Clerk and be accompanied by the following fees:

1. Application Fee: $250; and

2. Escrow fee for the Township to retain consultants to review such request for rezoning, including but not limited to a professional planner, Township Engineer, a traffic consultant and the Township Attorney; $5,000.

b. The fees set forth above shall be drawn as separate checks made payable to "Township of Warren." The applicant shall be required to replenish the aforesaid consultant's escrow account if the escrow posted is insufficient to cover the fees and costs of the consultant's reviewing the rezoning request. Any unexpended escrow shall be refunded to the applicant.

c. If the Township Committee authorizes the Township Attorney to draft a rezoning ordinance, the applicant shall post an additional $1,000 to cover the costs of drafting such ordinance. The applicant shall be required to replenish said attorney escrow if the escrow posted is insufficient to cover the Township Attorney's fees and costs. Any unexpended escrow shall be refunded to the applicant.

d. The applicant shall reimburse the Township for its actual out-of-pocket costs if notice is required under N.J.S.A. 40:55D-62.1 in connection with such request for rezoning.

e. The application and escrow fees detailed above shall be required to be posted irrespective of whether such rezoning request is initiated by the applicant before the Township Committee or the Township Planning Board.

§ 15-4 TIME OF DECISION, RECORDING, VESTED RIGHTS, EXPIRATION OF APPROVAL AND EXTENSION.

§ 15-4.1 Minor Subdivision.

[Ord. No. 92-33]

a. A minor subdivision shall be approved or denied within 45 days of the date of submission of an application deemed complete by the administrative officer, or within such further time as may be consented to by the applicant.

Failure of the Planning/Zoning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the Planning/Zoning Board as to the failure of such Board to act shall be issued pursuant to N.J.S.A. 40:55D-10.4; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat and a copy shall be returned to the subdivider for compliance with the procedures in subsection 15-4.3 and Section 15-6 of this chapter.

b. Standards for completeness are set forth in Section 15-6.

c. If the Planning/Zoning Board determines that the application is not complete, the applicant shall be so notified and instructed to resubmit the application within 90 days of the notice date or within such additional time as agreed to the Board.

d. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Township Planning/Zoning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

Except as provided in paragraph f of this subsection, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq., or deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision the Planning/Zoning Board may be permitted by ordinance to accept a plat not in conformity with the "Map Filing Act," N.J.S.A. 46:23-9.9 et seq.; provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of said Act. A translucent copy of each plat shall be filed with the Township Engineer.

e. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date on which the resolution of minor subdivision approval is adopted; provided that the approved minor subdivision shall have been duly recorded as provided in this subsection.

f. The Planning/Zoning Board may extend the 190-day period for filing a minor subdivision plat or deed pursuant to paragraph d of this subsection if the developer proves to the reasonable satisfaction of the Planning/Zoning Board (1) 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 (2) 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 the extension either before or after what would otherwise be the expiration date.

g. The Planning/Zoning Board shall grant an extension of minor subdivision 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 government entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of minor subdivision approval; or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

h. The Planning/Zoning Board shall retain five copies of a plat classified and approved as a minor subdivision; one copy for its files, one copy to the Tax Assessor, one copy to the Township Engineer, one copy to the Code Enforcement Official and one copy to the Environmental Commission.

i. Approval and Compliance Requirements. If the Board acts favorably on a preliminary plat, the Board officers shall sign six copies of the approved preliminary plat revised, if necessary, to reflect all revisions required by the resolution of approval. The officers shall not sign such plans until the conditions of approval specified in the resolution of approval to be met prior to the signing of the plans have been satisfied in full and certified to by approving agency or party as identified in resolution.

§ 15-4.2 Minor Site Plan.

[Ord. No. 92-33]

a. Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Planning/Zoning Board to act within the period prescribed shall constitute minor site plan approval. Minor site plan approval shall be deemed to be final approval of the site plan by the Board, provided that the Board may condition such approval on terms ensuring the provisions of improvements pursuant to Sections 15-8 through 15-14 of this chapter.

b. Standards for completeness are set forth in Section 15-6.

c. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.6, the Planning/Zoning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

d. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of the minor site plan approval. The Planning/Zoning 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: (1) what would otherwise be the expiration date, or (2) 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.

§ 15-4.3 Major Subdivision and Major Site Plan.

[Ord. No. 92-33; Ord. No. 06-11 § 1]

a. Upon the submission to the administrative officer of a complete application for a major subdivision of 10 or fewer lots, the Planning/Zoning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning/Zoning Board shall be deemed to have granted preliminary approval to the subdivision.

Upon the submission to the administrative officer of a complete application for a major site plan which involves 10 acres of land or less, and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a site plan which involves more than 10 acres, or more than 10 dwelling units, the Planning/Zoning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning/Zoning Board shall be deemed to have granted preliminary approval to the site plan.

b. If the Planning/Zoning Board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning/Zoning Board shall, if the proposed development complies with the ordinance and N.J.S.A. 40:55D-1 et seq., grant preliminary plan approval.

c. Standards for completeness are set forth in Section 15-6.

d. Whenever review or approval of the application by the County Planning Board is required, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

e. Effect of Preliminary Approval. Preliminary approval of a major subdivision pursuant to N.J.S.A. 40:55D-48 or of a site plan pursuant to N.J.S.A. 40:55D-46 shall, except as provided in paragraph e4 of this subsection, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:

1. That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements: layout and design standards for streets, curbs and sidewalks; lot size; yard dimension and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41; except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

2. That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or section or sections of the preliminary subdivision plat or site plan, as the case may be; provided, however, that the applicant may only submit for final approval in sections in accordance with the previously approved sectioning plan and;

3. That the applicant may apply for and the Planning/Zoning 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.

4. In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning/Zoning Board may grant the rights referred to in paragraphs e1, e2 and e3 of this subsection for such period of time, longer than three years, as shall be determined by the Planning/Zoning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the Planning/Zoning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning/Zoning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions and (4) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.

f. Whenever the Planning/Zoning Board grants an extension of preliminary approval pursuant to paragraphs e3 or e4 of this subsection 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.

g. The Planning/Zoning 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 required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of preliminary approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning/Zoning Board from granting an extension pursuant to paragraphs e3 or e4 of this subsection.

h. Approval and Compliance Requirements. If the Board acts favorably on a preliminary plat, the Board officers shall sign six copies of the approved preliminary plat revised, if necessary, to reflect all revisions required by the resolution of approval. The officers shall not sign such plans until the conditions of approval specified in the resolution of approval to be met prior to the signing of the plans have been satisfied in full and certified to by the approving agency or party as identified in the resolution.

i. No construction permit, or other authorization to proceed for the clearing of a site or for installation or construction of on-site or off-tract improvements shall be issued and no such work shall be commenced until both the preliminary and final plans for subdivision or site plans have been approved and signed by the designated Planning/Zoning Board officers. No final plat shall be signed by the designated Planning/Zoning Board officers until the preliminary plans have been signed. If an applicant for a major subdivision or site plan which is proposed to be constructed decides to proceed with the installation or construction of required on-site, off-site or off-tract improvements before an application for final approval, the applicant shall be required to post a performance guaranty to restore the site to a safe and sanitary condition in order to protect the interests of the public pursuant to N.J.S.A. 40:55D-39D. The amount of the guaranty shall be 15% of the estimated cost of the improvements. Restoration of the site shall take place if the applicant ceases work on the site for a period of 12 months and has been notified in writing by the Township of the intent to invoke the performance guaranty in order to begin restoration of the site. The notice of intent shall take place after 12 months of no substantial work on the site. Maintenance shall also include the plowing of snow on streets or portions of streets not yet accepted by the Township in order that vehicular access is at all times provided to lots for which certificates of occupancy have been issued.

§ 15-4.4 Final Approval of Site Plans and Major Subdivisions.

[Ord. No. 92-33; Ord. No. 06-11 § 2]

a. The Planning/Zoning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the "Map Filing Law," P.L. 1960, c. 141.

b. Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Planning/Zoning Board to act within the period prescribed shall constitute final approval and a certificate of the administrative officer as to the failure of the Planning/Zoning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

c. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Planning/Zoning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

d. Recording of Final Approval of Major Subdivision; Filing of All Subdivision Plats. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning/Zoning Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Planning/Zoning Board may extend the ninety-five-day or 190-day period if the developer proves to the reasonable satisfaction of the Planning/Zoning Board (1) 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 (2) 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/Zoning Board. The developer may apply for an extension either before or after the original expiration date.

e. No subdivision plat shall be accepted for filing by the County recording officer until it has been approved by the Planning/Zoning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to N.J.S.A. 40:55D-47, 50, 56, 61, 67, 76. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to Section 15-14 of this chapter. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the Township, the plat shall be expunged from the official records.

f. It shall be the duty of the County Recording Officer to notify the Planning/Zoning Board in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing, and official number.

g. Effect of final approval of a site plan or major subdivision.

1. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted; provided that in the case of a major subdivision, duly recorded within the time period provided in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval, and, in the case of a major subdivision has duly recorded the plot as required in N.J.S.A. 40:55D-54, the Planning/Zoning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this act, the granting of final approval terminates the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49 for the section granted final approval.

2. In the case of a subdivision or site plan for a conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning/Zoning Board may grant the rights referred to in paragraph a of this subsection for such period of time, longer than two years, as shall be determined by the Planning/Zoning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the Planning/Zoning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning/Zoning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remained to be developed, (3) economic conditions and (4) the comprehensiveness of the development.

h. Whenever the Planning/Zoning Board grants an extension of final approval pursuant to paragraphs g1 or g2 of this subsection 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.

i. The Planning/Zoning 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 these approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to paragraphs g1 or g2 of this subsection shall not preclude the Planning/Zoning Board from granting an extension pursuant to paragraphs g1 and g2 of this subsection.

j. Improvements and Guarantees Required Prior to Final Approval, Issuance of Building Permits and Certificates of Occupancy.

1. The subdivider shall install or guarantee the installation of such of the following improvements or portions thereof as may be required by the Planning/Zoning Board, street grading and pavement or other surfacing; gutters, curbs and sidewalks; shade trees; street lighting; street signs; water mains, culverts, storm sewers or dry sewers, sanitary sewers or dry sewers, or other means of sewage disposal, drainage structures, and all appurtenances to such facilities properly connected with approved systems of water supplies, sewage and storm water drainage and any other improvements which reasonably may be required by the said Board, as the case may be.

Such requirements shall take into consideration the characteristics of potential development of various parts of the Township as reflected in the comprehensive Land Use Plan embodied in the Zoning Ordinance, with a view to providing safe, convenient and pleasant means for the movement of traffic appropriate to the streets of the various classes defined in this chapter and protecting the public health, safety, comfort and convenience by provision for the proper distribution of water and for adequate sewage and stormwater drainage in a manner appropriate to the existing and prospective type and intensity of development in various parts of the Township and in arrangements that will not impose unnecessary financial burdens on property owners or add to the normal costs of operation of the government of the Township.

2. The standards in this chapter shall be deemed to be the minimum standards necessary for any particular subdivision.

3. All improvements shall be installed in accordance with the specifications contained in this chapter.

4. Requirements for the issuance of building permits and certificates of occupancy relative to the installation of required improvements.

(a) It shall be expressly understood that, notwithstanding the posting of a performance guarantee in accordance with the requirements of Section 15-14 of this chapter entitled, "Performance and Maintenance Guarantee of Improvements," no building permit shall be issued until final subdivision or final site plan approval is granted and until the developer has provided a plan setting forth adequate provisions to prevent the deposit of foreign material (mud, dirt, stone, gravel, etc.) on the Township of Warren or County of Somerset roadways during construction within the said subdivisions or site plans. The said "adequate provisions" referred to above shall be subject to the written approval and acceptance of the Township Engineer.

(b) No certificate of occupancy, whether final, temporary or otherwise, for residential and nonresidential buildings shall be issued until all improvements for which a performance guarantee is posted, or was required to be posted, have been completed and approved by the Township Engineer or the Township Engineer has waived the completion of the improvement before the issuance of a certificate of occupancy, allowing the improvement to be completed after the certificate of occupancy is issued provided adequate performance guarantees are posted to insure the completion of the same. The Township Engineer shall only waive items for completion hereunder if the same are prevented from completion by matters beyond the control of the developer. In the case of single-family subdivisions where subdivision improvements are not complete but the health, safety and general welfare of Warren residents would not be detrimentally affected by the issuance of a certificate of occupancy, the Township Engineer shall recommend to the construction official that the same be issued, provided the completion of all subdivision improvements have been adequately guaranteed.

§ 15-4.5 Development Reapplication.

[Ord. No. 2000-28, § 1]

a. Upon the expiration of the periods of protection afforded subdivisions and site plans by N.J.S.A. 40:55D-49 and N.J.S.A. 40:55D-52 (also see subsections 15-4.3 and 15-4.4), as the same may be extended by the Planning Board or Zoning Board of Adjustment, an applicant, before commencing or continuing any development work pursuant to a preliminary or final subdivision or site plan, shall reapply to the Board (Planning Board or Zoning Board of Adjustment) that originally granted the development approval for its review of the original approval to determine if any terms or conditions upon which the development approval was granted have changed and that change's effect on the application or if any other matters pertaining to the development must be reviewed by the Board before work on the site or subdivision can commence or continue.

b. The Zoning Officer will immediately issue or cause to be issued a stop work order as to a development project in the event any development commences or continues once the aforesaid periods of protection have lapsed.

c. The fees for the development reapplication required above are set forth in Section 15-5, Fees.

§ 15-5 FEES.

§ 15-5.1 Development Application Fee Schedule.

[Ord. No. 92-33; Ord. No. 94-7, § 1; Ord. No. 96-5; Ord. No. 2000-28, § 2; Ord. No. 03-05, § 1]

a.

1. Application for minor subdivision: $200.

2. Application for extension for filing: $50.

b.

1. Application-sketch plan: $200.

Plus 1-3 lots: $50.

4-10 lots: $100.

11-50 lots: $300.

50- + lots: $400.

c.

1. Application preliminary major subdivision-with sketch plat approval: $350.

Plus 1-3 lots: $50.

4-10 lots: $400.

11-50 lots: $800.

50- + lots: $1,600.

2. Subdivision without sketch plat approval: $500.

Plus 1-3 lots: $100.

4-10 lots: $800.

11-50 lots: $1,600.

50- + lots: $3,200.

3. Application for extension of preliminary approval: $100.

d.

1. Application for final major subdivision: $200.

Plus 1-3 lots: $50.

4-10 lots: $100.

11-50 lots: $300.

50- + lots: $400.

2. Application for extension of preliminary approval: $100.

e. Application for preliminary site plan (nonresidential).

1. Building area 10,000 square feet or less: $550.

2. Building area more than 10,000 square feet to 50,000 square feet: $1,100.

3. Building area more than 50,000 square feet to 100,000 square feet: $2,200.

4. Building area more than 100,000 square feet: $3,300.

5. Application for extension of preliminary approval: $100.

f. Application for final site plan (nonresidential).

1. Building area 10,000 square feet or less: $300.

2. Building area more than 10,000 square feet to 50,000 square feet: $600.

3. Building area more than 50,000 square feet to 100,000 square feet: $1,200.

4. Building area more than 100,000 square feet: $1,800.

5. Application for extension of final approval: $100.

g. Application for preliminary site plan (Residential): $350 plus $10/unit.

h. Application for final site plan (Residential): $200 plus $10/unit.

i. Watercourse Protection Area. Site plan for watercourse protection area for new construction on unimproved tract: $200.

Site plan for watercourse protection area for additional improvement on improved tract: $100.

j. Soil removal/fill permit: $50.

k. Driveway permit: $50 plus $20 for each inspection.

l. Minor Site Plan: $200.

m. Resubmission of Plans. On the applications where substantially similar plans are resubmitted within three months from the date of the original submission, the fee shall be equivalent to 1/2 the current fee for said submission.

n. Certification of Approval (N.J.S.A. 40:55D-56): $25.

o. Zoning permits (as required by Chapter 16, entitled "Zoning") subsection 16-23.14: $25.

p. Tree ordinance fees as required by Section 17-9b1: $25.

q. Development reapplication fee.

1. Fee: $100.

2. The escrow amount set forth in subsection 15-5.3a shall be 1/2 the amount set forth.

r. Tax Map Revision Fee. In addition to the application fees set forth above, the following sums shall be due and payable at the time maps are submitted for signature by the Board to defray the cost of professional services required to effect revisions to the Township Tax Map necessitated by the development application:

1. Minor subdivision plat: $75 per lot.

2. Final major subdivision plat: $50 per lot.

3. Site plan application creating condominium units (whether residential or commercial units): $50 per unit.

§ 15-5.2 Variance Application Fee Schedule.

[Ord. No. 92-33; Ord. No. 96-5; Ord. No. 03-05, § 2; Ord. No. 04-06, § 2]

a. Appeals filed pursuant to N.J.S.A. 40:55D-70(a):

1. Residential: $150.

2. Other: $150.

b. Appeals filed pursuant to N.J.S.A. 40:55D-70(b):

1. Residential: $150.

2. Other: $150.

c. Appeals filed pursuant to N.J.S.A. 40:55D-70(c):

1. Residential: $200.

2. Other: $200.

d. Appeals filed pursuant to N.J.S.A. 40:55D-70(d):

1. New use or structures:

(a) Residential: $200 for the first dwelling unit. If more than one unit, then add $25 for each additional unit.

(b) Nonresidential: $300.

e. Appeals filed pursuant to N.J.S.A. 40:55D-34: $150.

f. Appeals filed pursuant to N.J.S.A. 40:55D-36: $150.

g. Only one fee is to be charged for a single application regardless of its complexity, and such fee will be the highest fee chargeable under the above schedule.

h. On appeals under N.J.S.A. 40:55D-76(b), the filing fee shall be the sum of the applicable fees by class of development application and variance(s), if applicable.

Fees for applications or for the rendering of any service by the Planning Board or the Zoning Board of Adjustment or any member of their administrative staffs which is not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board and copies of such rules or of the schedule shall be available to the public.

i. Tax Map Revision Fee. In addition to the application fees set forth above, the following sums shall be due and payable at the time maps are submitted for signature by the Board to defray the cost of professional services required to effect revisions to the Township Tax Map necessitated by the development application:

1. Minor subdivision plat: $75 per lot.

2. Final major subdivision plat: $50 per lot.

3. Site plan application creating condominium units (whether residential or commercial units): $50 per unit.

j. Wireless Telecommunications Facilities:

1. If no new tower is proposed: $2,500.

2. If a new tower is proposed: $4,000.

§ 15-5.3 Escrow Funds Required to Be Deposited for the Planning Board, Zoning Board of Adjustment, Technical Coordinating Committee and Other Review Committees.

[Ord. No. 92-33; Ord. No. 94-7 § 2; Ord. No. 96-5 § 6; Ord. No. 02-08 §§ 1, 2; Ord. No. 04-06 § 1; Ord. No. 04-15 § 3; Ord. No. 05-14 §§ 7-9; Ord. No. 08-15 § 1; Ord. No. 10-02, § 1]

a. General.

1. In addition to the submission of application filing fees (which are charged to cover general Township administrative costs), as set forth hereinbefore, development applications which meet the criteria established herein shall be accompanied by a deposit of escrow funds in accordance with the provisions of this subsection.

2. Said escrow funds shall be utilized to cover the Township costs of professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professional normally utilized by the Township. All plan review and inspection fees or charges must be set by resolution by the Planning Board or Zoning Board or Township governing body. The only charge that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements.

(a) Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval, or review of requests for modification or amendments made by the applicant.

(b) A professional shall not review items which are subject to approval by any State governmental agency and not under municipal jurisdiction except to the extent consultation with a State agency is necessary due to the effect of State approvals in the subdivision or site plan.

(c) Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approval development plans and documents.

3. Sketch Plat, Preliminary Site Plan and/or Subdivision Approval Inclusive of Minor Site Plan as defined in subsection 15-1.3:

	Escrow Amount
Nonresidential:
Less than 10,000 square feet of building area	$6,000
10,001-50,000 square feet of building area	$15,000
50,001-100,000 square feet of building area	$25,000
In excess of 100,000 square feet of building area	$35,000
Residential:
1-3 lots or units	$4,000
4-10 lots or units	$10,000
11-25 lots or units	$20,000
26-50 lots or units	$25,000
51-100 lots or units	$30,000
In excess of 100 lots or units	$50,000

*	Escrow fees for amended Planning Board and Board of Adjustment applications shall be reduced by 50% of the above posted fees.

4. Final Plan Approval: 1/3 for nonresidential use and 1/2 for residential use of the original escrow fee paid at the time of preliminary plan application.

5. Water Course Protection Area, Filling Permits/Site Plans and Waiver of Site Plan: $500 per lot.

6. Soil Removal/Fill Permit. An application fee of $50 shall accompany each application, to be utilized to offset the general administrative costs of the application. In addition to the application fee, the following sums shall be posted in escrow to cover the Township costs of professional and nonprofessional services incurred during the review process and also for inspection costs required during the construction process:

(a) The sum of $500 where the application is for the addition, removal or movement of between 100 and 999 cubic yards of soil, except in matters pertaining to the construction of residential swimming pools and other work related directly thereto where the fee shall be $250.

(b) The sum of $1,000 where the application is for the addition, removal or movement of between 1,000 and 4,999 cubic yards of soil or more.

(c) The sum of $2,000 where the application is for the addition, removal or movement of 5,000 cubic yards of soil or more.

(d) No escrow fee shall be required for applications of less than 100 cubic yards of soil.

(e) The sum of $250 where the application is for the construction of a swimming pool.

(f) The sum of $500 where the application is for the construction of a footing and foundation unless the construction is included in a project that is exempted hereinafter.

7. Variance.

(a) Appeals filed pursuant to N.J.S.A. 40:55D-70(a):

(1) Residential: $1,000.

(2) Other: $2,000.

(b) Appeals filed pursuant to N.J.S.A. 40:55D-70(b):

(1) Residential: $2,000.

(2) Other: $5,000.

(c) Appeals filed pursuant to N.J.S.A. 40:55D-70(c):

(1) All Residential: $2,000.

(2) Other: $5,000.

(d) 

Appeals filed pursuant to N.J.S.A. 40:55D-70(d):

(1) New use or structure:

i. Residential: $2,500.

ii. Nonresidential: See escrow required under subsection 15-5.3a3.

(2) Extension, alteration or repair of existing use or structure:

i. Residential: $2,500.

ii. Nonresidential: See escrow required under subsection 15-5.3a3.

(e) Appeals filed pursuant to N.J.S.A. 40:55D-34: $4,000.

(f) Appeals filed pursuant to N.J.S.A. 40:55D-36: $4,000.

(g) Wireless telecommunications facilities:

(1) If no new tower is proposed: $5,000.

(2) If a new tower is proposed: $10,000.

(h) Any application involving more than one of the above categories shall deposit cumulative amounts.

b. Procedural Requirements.

1. All escrow sums must be in the form of cash, certified check or money order. All deposits of escrow funds shall be forwarded to the Chief Financial Officer of the Township or designee, or other official designated by the Township Committee.

2. The Township Engineer will not commence his review of the application until the required application fee has been paid and the required escrow sums posted.

3. An applicant to the Technical Coordinating Committee or other review committee shall deposit all escrow funds called for in the within subsection before the applicant's appearance before that committee. The administrative officer of the Board having jurisdiction shall have the right to waive the posting of escrow funds by an applicant before that applicant's first appearance before the Technical Coordinating Committee or other review committee for good cause and provided no professional or nonprofessional review time is required relative to the same. An applicant appearing initially before the Planning Board or the Zoning Board of Adjustment shall deposit all escrow funds called for in the within subsection before said appearance. No meeting or hearing with the applicant shall be held by the said Boards or committees until all escrow funds and required fees have been deposited in accordance with this subsection.

4. Additional escrow funds may be required when the escrow has been depleted to 20% of the original escrow amount or that, in the opinion of the escrow official or administrative officer, additional funds are necessary. If an escrow account contains insufficient funds to enable the Township or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer of the Township shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall, within 14 days, post a deposit to the account in an amount to be agreed upon by the Township or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.

5. Escrow deposits shall be placed in an interest bearing account by the Chief Financial Officer of the Township and the same shall be administered in accordance with the requirements of N.J.S.A. 40:55D-53.1.

6. All disbursements to consulting professionals and applicable charges from Township employed professionals for services involved in processing an application which requires the deposit of escrow funds shall be charged against the escrow account in accordance with the requirements of N.J.S.A. 40:55D-53.2.

7. The Chief Financial Officer of the Township shall make all payments to professionals for services rendered pursuant to the formal procedures prepared. All vouchers submitted by consulting professionals relative to said application shall specify the name of the person performing the service, the actual hours spent on the project (to 1/4 hour increments), the services performed, the name of the project, the hourly rate being charged and the date the work was performed.

(a) All consulting professionals shall submit billing vouchers on a monthly basis in accordance with the schedules developed by the Chief Financial Officer. The professional shall send an informational copy of the voucher to the applicant simultaneously with submission to the Township. Any vouchers submitted 30 days or longer from date of the signing of the plats or subdivision plans may be void.

(b) The Chief Financial Officer of the Township shall prepare and send to the applicant a monthly statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account.

8. All charges by Township employed professionals, enumerated hereinabove, shall be submitted on a voucher by the Township employee to the Chief Financial Officer of the Township containing the same information as required on a voucher, on a monthly basis. The charge for Township employed professionals shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary of each of the professionals by (2) the number of hours spent by the respective professionals on review of the application for development or the developer's improvements, as the case may be. For other professionals, the charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the Township when fees are not reimbursed or otherwise imposed on applicants or developers.

9. The following close-out procedures shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53) in the case of improvement inspection escrows and deposits.

(a) The applicant shall send written notice by certified mail to the Chief Financial Officer of the Township and the approving authority, and to the relevant Township professional, when the application or the improvements, as the case may be, are completed.

(b) After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the Township within 30 days, and shall send a copy simultaneously to the applicant.

(c) The Chief Financial Officer of the Township shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill.

(d) Any balances remaining in the deposit or escrow account, including interest, shall be refunded to the developer along with the final accounting.

10. No resolution approving any development application which is subject hereto shall be passed by either the Planning Board or the Zoning Board of Adjustment until all fees and escrow sums required hereunder have been paid in full.

11. In the event that an applicant disputes the charges made by a professional for services rendered to the Township in reviewing applications (or development, review and preparation of documents, and inspection of improvements or any other charges made pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), the applicant shall notify in writing the Township Committee with copies to the Chief Financial Officer, the approving authority and the professional. The governing body or its designee shall, within a reasonable time period, attempt to remediate any disputed charges.

(a) If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals established under Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127) any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Township Engineer pursuant to Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).

(b) An applicant or its authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or its authorized agent shall simultaneously send a copy of the appeal to the Township, approving authority, and any professional whose charge is the subject of the appeal.

(c) The County Construction Board of Appeals is required by law to hear the appeals, render a decision thereon and file its decision with a statement of the reasons therefor with the Township or approving authority not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. The decision may approve, disapprove or modify the professional charges appealed from and a copy of the decision shall be forwarded by certified or registered mail to the party making the appeal, the Township, the approving authority and the professional involved in the appeal.

(d) During the pendency of any appeal, the Township or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivisions plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy or any other approval or permit because an appeal has been filed or is pending under this section.

(e) The Chief Financial Officer of the Township may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed.

(f) If a charge is disallowed after payment, the Chief Financial Officer of the Township shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant.

(g) If the charge is disallowed after payment to a professional or consultant who is not in the employ of the Township, the professional or consultant shall reimburse the Township in the amount of any such disallowed charge.

§ 15-5.4 Development Fees to Fund Affordable Housing.

[Ord. No. 92-33; Ord. No. 96-7 § 2; Ord. No. 2000-8 §§ 1, 2; Ord. No. 05-03 § 1; Ord. No. 06-29 § 1; Ord. No. 13-21; Ord. No. 2018-15]

a. Purpose.

1. In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's adoption of rules.

2. Pursuant to P.L. 2008, c. 46, § 8 (N.J.S.A. 52:27D-329.2), and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved or court-approved spending plan may retain fees collected from nonresidential development.

3. This subsection establishes standards for the collection, maintenance and expenditure of development fees pursuant to COAH's regulations and in accordance P.L. 2008, c. 46, §§ 8 and 32 through 38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:93-8.

b. Basic Requirements.

1. This section shall not be effective until approved by COAH or the Superior Court of the State of New Jersey pursuant to N.J.A.C. 5:93-8.

2. The Township of Warren shall not spend development fees until COAH or the Superior Court of New Jersey has approved a plan for spending such fees in conformance with N.J.A.C. 5:93-5.1(c).

c. Definitions. The following terms, as used in this section, shall have the following meanings:

AFFORDABLE HOUSING DEVELOPMENT

A development included in the Housing Element and Fair Share Plan and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.

COAH or THE COUNCIL

The New Jersey Council on Affordable Housing, established under the Act, or such other Agency as is created by the Legislature which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.

COURT

The Superior Court of the State of New Jersey.

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT FEE

Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8.

EQUALIZED ASSESSED VALUE

The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with §§ 1, 5 and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through N.J.S.A. 54:1-35c).

GREEN BUILDING STRATEGIES

Those strategies that minimize the impact of development on the environment and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

d. Mandatory Residential Development Fee.

1. Residential development, except for residential development specifically addressed in paragraph d(2) below, shall pay a fee of 1.5% of the equalized assessed value (EAV) of the residential development; provided, however, in the event an increase in density has been approved pursuant to N.J.S.A. 40:55D-70d(5), or permitted pursuant to a rezoning subsequent to March 9, 2010, a fee of 6% of the equalized assessed value shall be paid for each dwelling unit over the number of units permitted as a matter of right or permitted prior to rezoning. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

2. Exemptions from residential mandatory development fees. The following types of residential development shall be exempt from the requirement to pay a residential mandatory development fee:

(a) Inclusionary affordable housing developments or 100% affordable housing developments.

(b) Developments where the developer is providing for the construction of the affordable units elsewhere in the Township.

(c) Developments where the developer has made a payment in lieu of on-site construction of affordable units.

(d) On an existing lot, either vacant or improved, the expansion, improvement, renovation, rehabilitation, reconstruction or replacement of an existing detached single-family dwelling resulting in an increased EAV of $50,000 or less, in any two-year period. For increases in EAV of less than $50,000 but greater than $25,000, there shall be a flat-fee payment of $300. For increases in EAV in excess of $50,000, the fee shall be $300 plus 1.5% of the increase that exceeds $50,000.

(e) The repair, reconstruction or replacement of owner-occupied residential structures damaged or destroyed by fire or natural disaster.

(f) Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.

e. Nonresidential Development Fees.

1. Imposed fees.

(a) Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements for all new nonresidential construction on an unimproved lot or lots.

(b) Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.

(c) Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time a final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.

2. Eligible exactions, ineligible exactions and exemptions for nonresidential development:

(a) The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the development fee of 2.5% unless otherwise exempted below.

(b) The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.

(c) Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF, State of New Jersey Nonresidential Development Certification/Exemption form. Any exemption claimed by a developer shall be substantiated by that developer.

(d) A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46 shall be subject to it at such time the basis for the exemption no longer applies and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.

(e) If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Township of Warren as a lien against the real property of the owner.

f. Collection Procedures.

1. Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the Zoning Officer.

2. For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF, State of New Jersey Nonresidential Development Certification/Exemption, to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

3. The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.

4. Within 90 days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.

5. The Construction Official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.

6. Within 10 business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

7. Should the Township of Warren fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of § 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).

8. 50% of the development fee shall be collected by the Zoning Officer at the time of issuance of the zoning permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of the issuance of the zoning permit and that determined at issuance of the certificate of occupancy.

9. Appeal of development fees.

(a) A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by the Township of Warren. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

(b) A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the Township of Warren. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

g. Affordable Housing Trust Fund.

1. Establishment of fund. There is hereby established in the Township of Warren an interest-bearing account known as the "Warren Township Affordable Housing Trust Fund," which shall have as its primary purpose support of low- and moderate-income housing in the Township of Warren and the region in which it is included, in furtherance of the mandates of the Constitution of the State of New Jersey. Trustees of the fund shall be the Township Committee of the Township of Warren, and, in accordance with the provisions of N.J.A.C. 5:93-8.19, the Superior Court of the State of New Jersey may, upon notice to the Township Clerk, direct the disbursement of development fees.

2. The Township Committee, acting as trustees of the fund, shall have the power to appoint a person or organization as Housing Officer to administer the fund on its behalf and at its direction.

3. Development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls shall be deposited in the Township of Warren's affordable housing trust fund maintained by the Chief Financial Officer.

4. The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

(a) Payments in lieu of on-site construction of affordable units;

(b) Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;

(c) Rental income from municipally operated units;

(d) Repayments from affordable housing program loans;

(e) Recapture funds;

(f) Proceeds from the sale of affordable units; and

(g) Any other funds collected in connection with the Township of Warren's affordable housing program.

5. All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH or the Court.

6. In the event of a failure by the Township of Warren to comply with trust fund monitoring and reporting requirements or to submit accurate monitoring reports; or a failure to comply with the conditions of the judgment of compliance or a revocation of the judgment of compliance; or a failure to implement the approved Spending Plan and to expend funds within the applicable required time period as set forth in In re. Twp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J. Super. 563); or the expenditure of funds on activities not approved by the Court; or for other good cause demonstrating the unapproved use(s) of funds, the Court may authorize the State of New Jersey, Department of Community Affairs, Division of Local Government Services (LGS), to direct the manner in which the funds in the Affordable Housing Trust Fund shall be expended, provided that all such funds shall, to the extent practicable, be utilized for affordable housing programs within the Township of Warren, or, if not practicable, then within the County of the Housing Region.

[Amended 5-9-2019 by Ord. No. 19-33]

(a) Any party may bring a motion before the Superior Court presenting evidence of such condition(s), and the Court may, after considering the evidence and providing the municipality with a reasonable opportunity to respond and/or remedy the noncompliant condition(s), and upon a finding of continuing and deliberate noncompliance, determine to authorize LGS to direct the expenditure of funds in the Trust Fund. The Court may also impose such other remedies as may be reasonable and appropriate to the circumstances.

h. Use of Funds.

1. The expenditure of all funds shall conform to a spending plan approved by COAH or the Court. Funds deposited in the housing trust fund may be used for any activity approved by COAH or the Court to address the Township of Warren's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to, preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan or any other activity as permitted pursuant to N.J.A.C. 5:93-8.16 and specified in the approved spending plan.

2. Funds shall not be expended to reimburse the Township of Warren for past housing activities.

3. At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.

(a) Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments and assistance with emergency repairs.

(b) Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.

(c) Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

4. The Township of Warren may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:93-8.16(d).

5. No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units and compliance with COAH's or the Court's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.

i. Monitoring. The Township of Warren shall complete and return to COAH, or LGS, or other entity designated by the state and/or the Court, with a copy provided to Fair Share Housing Center and posted on the Township website, all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans and any other funds collected in connection with the Township of Warren’s housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH and/or approved by the Court. All monitoring reports shall be completed on forms designed by COAH and/or the Court.

[Amended 5-9-2019 by Ord. No. 19-33]

j. Ongoing Collection of Fees. The ability for the Township of Warren to impose, collect and expend development fees shall expire with its substantive certification or judgment of compliance unless the Township of Warren has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification or the entry of a judgment of compliance from the Court, and has received COAH's or the Court's approval of its development fee ordinance. If the Township of Warren fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification or judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to § 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The Township of Warren shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance nor shall the Township of Warren retroactively impose a development fee on such a development. The Township of Warren shall not expend development fees after the expiration of its substantive certification or judgment of compliance.

§ 15-6 STANDARDS FOR COMPLETE APPLICATION AND PLAT DETAILS.

§ 15-6.1 Development Applications.

[Ord. No. 92-33]

Development applications shall be submitted in accordance with applicable subsections of this section. Official filing forms and checklists are available from the administrative official of the Planning or Zoning Boards.

Prior to scheduling of action by the Board, the application shall be reviewed for completeness and the applicant notified of finding by the administrative officer of the Board having jurisdiction.

a. The minimum standards for completeness are as follows:

1. The appropriate application form signed by the owner and applicant is submitted.

2. The appropriate checklist or checklists are completed and filed with the application and all items required by such checklist and submitted or a waiver granted by the Board.

3. All taxes are paid through the current quarter (the last tax payment which was due on the property).

4. All required fees and escrows are paid or posted.

b. The plans shall be submitted in accordance with all requirements and standards set forth in this chapter in the number required.

c. Unless all of the above items are submitted to the Planning Board or Zoning Board of Adjustment, the submission will not be reviewed for completeness.

d. Applications which do not comply with the minimum submission may be rejected by the Administrative Officer and returned to applicant.

§ 15-6.2 Determination of Completeness.

[Ord. No. 92-33]

An application for development shall be deemed complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the administrative officer. In the event that the administrative officer does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless: (a) the application lacks information indicated on the checklist (Section 15-6) and provided to the applicant, and (b) the administrative officer has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.

An applicant may request that one or more of the submission requirements be waived, in which event the Board shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application.

The Planning Board or Zoning Board of Adjustment may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.

§ 15-6.3 Minor Subdivision - Completeness Checklist and Plat Details.

[Ord. No. 92-33; Ord. No. 03-05, § 3; Ord. No. 03-11, § 2; Ord. No. 03-25 § 2; Ord. No. 07-70 § 5; Ord. No. 10-07, § II; Ord. No. 13-04 § 1]

Applicant shall check off all items as submitted, not applicable, or waiver requested. Plans and improvements shall conform to standards and requirements of Sections 15-7 through 15-11 of this chapter.

Any request for waiver must accompany this application as a separate rider, denoting reasons why the waiver should be granted. The Board will review your request and notify you whether or not waiver has been granted.

The Warren Township Planning/Zoning Board may require submission of additional information not specified in this checklist as is reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required. (Municipal Land Use Law Chapter 291 C. 40:55D-10.3)

(See the following for the Minor Subdivision - Completeness Checklist and Plat Details)

Minor Subdivision - Completeness Checklist and Plat Details
No.	Item				Submitted	Not Applicable	Waiver Requested	Planning Board
1.	2 copies completed application.
2.	Application fee is paid in accordance with Section 15-5. Minor Subdivision: $200
	(Add $200 if variance relief is requested)
3.	Escrow fee is paid in accordance with Section 15-5. Minor Subdivision 1-3 lots or units: $4,000 NOTE: Escrow fees for AMENDED Planning Board and Board of Adjustment applications shall be reduced by 50% of the above posted fees. [Per Ordinance 10-2 Effective 3/11/10 amending subsection 15-5.3a3.]
4.	Signed Developer's Escrow Agreement
5.	Official Somerset County Planning Board receipt.
6.	Proof of submission to NJDEP for necessary permits.
7. (a)	Disclosure Statement listing names and addresses of all stockholders or individual partners owning at least 10% of the interest in the partnership or corporation in accordance with N.J.S.A. 40:55D-48.1.
	Please note any applicant who is incorporated must have an attorney represent them.
7. (b)	Disclosure statement of 10% ownership interest of corporation or partnership which is 10% owner of applying corporation or partnership in accordance with N.J.S.A. 40:55D-48.2.
8.	Owner's letter of consent if applicant is other than the owner.
9.	List any variances being sought and all information necessary for proper deliberation.
10.	Certification by Tax Collector that all taxes have been paid through the current quarter.
11.	Copy of any protective covenants or deed restrictions applying to the lands being developed.
12.	11 FOLDED blue on white prints and 15 11 inches by 17 inches reduced copies. Applicant to bring 4 additional maps of the latest revisions to each Planning Board meeting. 14 blue on white prints for Board of Adjustment applications in accordance with the following:
13.	Proper scale (1 inch equals 100 feet minimum)
14.	Date and revision date(s).
15.	Name and address of applicant must be shown on plans.
16.	Key map showing surrounding area within 500 feet of site (scale not less than 1 inch equals 800 feet)
17.	Name and address of person(s) preparing the plans, signature, date, seal, and license number must be shown on plans.
18.	Name and address of owner of record and/or authorized agent must be shown on plans.
19.	North arrow.
20.	Existing block and lot number(s) of the lot(s) as they appear on the official municipal tax maps.
21(a)	A map of the entire tract or property prepared by a licensed professional land surveyor showing the location of that portion to be divided, giving all distances and bearings, showing all roads abutting or traversing the property. Development boundaries shall be clearly delineated and any reference corners shall be clearly indicated.
21(b)	Pursuant to N.J.A.C. 13:40-7(a)1, "a signed and sealed survey prepared by a licensed professional land surveyor shall be submitted in conjunction with all subdivision and site plan applications".
22.	Drainage calculations:
	a.	Stormwater Management Plan - Calculations for evaluation of on-site detention facilities for zero net increase in runoff.
	b.	Calculations for downstream impact analysis without detention facilities.
	c.	Internal drainage system sizing calculations including inlet drainage area map.
23.	Names and addresses of owners within 200 feet with respective block and lot numbers.
24.	Any municipal limits within 200 feet of the subdivision and the name of the adjoining municipality and county.
25.	Any adjacent lots in which applicants have a direct or indirect interest.
26.	Location of existing and proposed:
	a.	Property lines.
	b.	Buildings (with an indication as to whether existing building will be retained or removed.)
	c.	Driveways
	d.	Watercourses.
	e.	Bridges
	f.	Culverts
	g.	Drain pipes
	h.	Natural features and treed areas within tract - all driveways and roads and structures within 200 feet of boundary.
	All improvements proposed to be dedicated to and/or maintained by Warren Township shall conform to standards and requirements of Section 15-8.
27.	Area in square feet of all existing and proposed lots.
28.	Indication of building setback lines from each property line.
29.	Existing and proposed contours at 5 feet intervals for slopes averaging 10% or greater, at 2 feet intervals for slopes averaging less than 10% and indicate those areas having a slope of 15% or greater with shading.
30.	All existing streets as shown on the official map or master plan.
31.	Where proposed or potential new building site is to be established, plans for water supply and sewerage disposal systems.
32.	Zone district boundaries.
	Zoning Schedule - indicating applicable zoning requirements within 500 feet of site include also:
	a.	Lot area in square feet.
	b.	Lot width in feet.
	c.	Front yard setback in feet.
	d.	Both side yard setbacks in feet.
	e.	Rear and side yard setbacks for any accessory buildings.
	f.	Maximum % lot coverage by building.
	g.	Maximum height in stories and feet.
	h.	Maximum % lot coverage by all buildings and pavement.
33.	Delineation of floodplain and wetland areas, and source of delineation (NWI maps, etc.); if none, a statement describing the absence of such. Show appropriate buffer around wetlands of applicable classification.
34.	A sketch of the proposed layout or disposition of remaining lands, if any.
35.	For plats involving corner lot(s) sight triangle easements.
36.	If structure is located in Watercourse Protection area full site plan approval is required. All plats that encompass a watercourse protection area as outlined and defined in Section 15-10 shall contain the following certification: This subdivision encompasses land in a Watercourse Protection Area and is subject to all the standards and requirements of the Floodplain and Watercourse regulations.
37.	If the applicant intends to file by deed record of the approved subdivision with the County Recording Office, the following signature block shall be provided on the deed:
	APPROVED BY THE WARREN TOWNSHIP PLANNING BOARD Planning Board Chairman Planning Board Secretary			Date Date
38.	If the applicant intends to file the plat as record of the approved subdivision with the County Recording Office, the plat shall be prepared in compliance with the Map Filing Act P.L. 1060 C. 141 (C. 46.2309.9 et seq.) and bear the signature block as noted in item #37.
39.	Location and species of all existing trees or groups of trees having a diameter in excess of 6 inches DBH. The location of all wooded areas and the approximated number of trees per acre shall be shown when tree count is more than 25 trees per acre.
40.	4 copies of an Environmental Assessment Report containing:
	a.	Plan and description of the proposed development.
	b.	Inventory of existing natural resources, on-site and affected off-site area.
	c.	Assessment of environmental impacts.
	d.	Unavoidable adverse environmental impact (both long and short-term)
	e.	Proposed mitigation measures.
	f.	The following areas of concern must be addressed within each of the above categories:
		1.	Sewerage facilities.
		2.	Water supply
		3.	Stormwater runoff
		4.	Floodplain and any N.J.D.E.P. stream encroachment permits needed.
		5.	Solid waste disposal
		6.	Air pollution
		7.	Traffic
		8.	Social/Economic impact.
		9.	Aesthetics, including noise impacts, and historic value.
		10.	Licenses, permits, etc. needed for completion of the project
		11.	Wetlands (specify how delineated, quality and any NJDEP permits required.
		12.	Steep slopes (note significant areas of 12% or greater slopes.
		13.	Soil types and descriptions
		14.	Wildlife
		15.	Vegetation
	g.	Alternatives (changes in design and/or use as well as the "no-build option"). NOTE: Any request for waiver of the above EAR must be submitted in writing as a separate rider in duplicate to the Administrative Officer of the Planning Board. A waiver request should address the above items in #40 and describe why there is no impact from the proposed development.

§ 15-6.4 Minor Site Plan Completeness Checklist and Plat Details.

[Ord. No. 92-33; Ord. No. 03-05, § 4; Ord. No. 07-70 § 5; Ord. No. 10-07, § III; Ord. No. 13-04 § 2]

No plan shall be classified as a minor site if (a) a variance is required, (b) the plan increases the size of the existing building by more than 10% or 500 square feet, whichever the lesser, or (c) the plan increases the number of off-street parking spaces by more than 10% of existing or more than five in number, whichever the lesser.

Applicant shall check off all items as submitted, not applicable, or waiver requested. Any request for waiver must accompany this application as a separate rider, denoting reasons why the waiver should be granted. The Board will review the request and notify applicant whether or not waiver has been granted.

When the applicant appears before the Planning Board for either a work session or public hearing, the applicant will be required to bring four maps of the latest revision submission for the Board members.

The Warren Township Board may require submission of additional information not specified in this checklist as is reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required (Municipal Land Use Law, Chapter 291 C. 40:55D-10.3).

(See the following for the Minor Site Plan Completeness Checklist)

Minor Site Plan Completeness Checklist
No.	Item			Submitted	Not Applicable	Waiver Requested	Planning Board
1.	2 copies of completed application and checklist.
2.	Application fee is paid in accordance with Section 15-5. Minor Site Plan: $200 Add $200 if variance relief is requested
3.	Escrow fee is paid in accordance with Section 15-5. Minor Site Plan: $6,000 NOTE: Escrow fees for AMENDED Planning Board and Board of Adjustment applications shall be reduced by 50% of the above posted fees. (Per Ordinance 10-2 Effective 3/11/10 amending subsection 15-5.3a3.)
4.	Signed Escrow Agreement
5(a)	Disclosure Statement listing names and addresses of all stockholders or individual partners owning at least 10% of the interest in the partnership or corporation in accordance with N.J.S.A. 40:55D-48.1
5(b)	Disclosure statement of 10% ownership interest of corporation or partnership which is 10% owner of applying corporation or partnership in accordance with N.J.S.A. 40:55D-48.2
6.	Owner's letter of consent if applicant is other than owner.
7.	Certification by the Tax Collector that all taxes have been paid through the current quarter.
8.	Copy of all existing protective covenants or deed restrictions of every nature affecting the premises sought to be developed or any part thereof and including a statement as to whether such deeds or covenants are of record.
9.	11 FOLDED and 15 11 inches by 17 inches REDUCED COPIES (Applicant to bring 4 full size maps to meeting for Planning Board review) 14 copies if Board of Adjustment application) in accordance with the following: (Please note that if not all of the following is applicable to your site, simply check the "not applicable" column).
10.	Graphic scale of not less than 1 inch equal to 100 feet.
11.	Date and revision date(s)
12.	Name and address of applicant must be shown on plans.
13.	North arrow.
14.	Entire tract shown.
15.	Name of project.
16.	All title blocks should meet requirements of N.J.A.C. 13:40 Sections 1.3; 1.4; 1.5; 1.6
17.	Pursuant to N.J.A.C. 13:40-7.2(a)(1), a signed and sealed survey prepared by a licensed professional land surveyor shall be submitted in conjunction with all subdivision and site plan applications.
18.	Tax map identification (sheet number, block and lot numbers) on plans.
19.	Tract boundaries and dimensions.
20.	Tract area (within 1/100 acres).
21.	Zone boundaries and existing schools within 200 feet
22.	Building height, size and location.
23.	Zoning Schedule - indicating applicable zoning requirements and proposal including:
	a.	Lot area in square feet.
	b.	Lot width in feet.
	c.	Front yard setback in feet.
	d.	Both side yard setbacks in feet.
	e.	Rear yard setback in feet.
	f.	Rear and side yards for accessory buildings in feet.
	g.	Maximum percent (%) lot coverage by all buildings and pavement.
	h.	Floor area ratio.
24.	Location and width of all existing and proposed easements.
25.	Names and addresses of owners within 200 feet with respective block and lot numbers.
26.	Signature block for endorsement of the Planning Board Chairman and Planning Board Secretary on cover sheet of plans in lower right hand corner of plan:
	APPROVED BY THE WARREN TOWNSHIP PLANNING BOARD
	Planning Board Chairman Planning Board Secretary		Date Date
27.	Location and size of existing building and structures.
28.	Structures to be removed shall be clearly indicated by dashed lines.
29.	Existing elevations and contours (2 feet contour internal and extended minimum of 100 feet beyond tract).
30.	Proposed elevations and contours (2 feet contour internal).
31.	Exterior wall material.
32.	Exterior architectural lighting and details.
33.	Access streets (names, width, lanes).
34.	Vehicular ingress and egress to and from site onto public streets.
35.	Directional traffic flow on site.
36.	Calculation of parking provided and required, including barrier-free parking spaces.
37.	Location and scaled design of off-street parking.
38.	Size and location of bays, aisles and planting areas.
39.	Off-street parking areas paved and curbed.
40.	Written use plan, explaining intended use of the building.
41.	Size and location of driveways and curb cuts.
42.	Driveways conform to maximum and minimum dimensions required.
43.	Sight easements shown on plan.
44.	Fire lanes.
45.	Loading spaces or docks, including signage.
46.	Signage details with dimensions
47.	Applicable barrier free design in accordance with N.J.S.A. 16:41-2.5.
48.	3 sets of drainage calculations:
	a.	Stormwater Management Plan - Calculations for evaluation of on-site detentions facilities for zero net increase in runoff as required by Chapter 15 (Land Use Procedure and Development).
	b.	Calculations for downstream impact analysis without detention facilities.
	c.	Internal drainage system sizing calculations including inlet drainage area map.
	d.	Design standards for all facilities as set forth in Section 15-10.
	e.	Proposed stormwater retention or detention facilities, if warranted.
49.	Existing and proposed storm sewer system.
50.	Existing and proposed sanitary sewers.
51.	Existing and proposed water mains and hydrants.
52.	Existing and proposed gas lines.
53.	Existing and proposed electric lines.
54.	Existing and proposed telephone lines.
55.	Existing and proposed common space.
56.	Existing and proposed open space.
57.	Collection and disposal method of recyclable materials and solid waste in accordance with Chapter 11 of the Revised General Ordinances of Warren Township.
58.	Streams, waterways, watercourse protection areas and flood plains on site and within 200 feet of tract. If none, a statement describing the absence of such. "This lot encompasses land in a Watercourse Protection Area and is subject to all the standards and requirements of the Floodplain and Watercourse regulations of the Township of Warren."
59.	Setback lines; provided and required.
60.	Proposed landscaping areas including types and sizes of plantings, staking and mulching details (include buffer area).
61.	Buffer areas, including height, width calculation of area required, and type of buffer and its expected effectiveness in screening views, auto headlights and reducing noise.
62.	Indication of wetlands on tract, as determined by National Wetlands Inventory maps. If none, a statement to that effect should appear on the plans. Indicate classifications of wetlands and show appropriate buffer where applicable.
63.	Indicate slopes greater than 15% by shading.
64.	Lighting details for parking lots and common areas.
65.	Seeded or sodden areas, groundcover, retaining walls, fencing, shrubbery, and trees (including height and caliper).
66.	Indication of significantly sized trees (approximately 12 inches or greater dbh).
67.	All improvements proposed to be dedicated to and/or maintained by Warren Township shall conform to standards and requirements of Section 15-8.

§ 15-6.5 Watercourse Protection Area Completeness Checklist and Plat Details.

[Ord. No. 92-33; Ord. No. 03-11, § 3; Ord. No. 03-25 § 2; Ord. No. 10-07, § IV; Ord. No. 13-04 § 3]

Applicant shall check off all items as submitted, not applicable, or waiver requested. Plans and improvements shall conform to standards and requirements of Sections 15-7 through 15-11 of this chapter.

Any request for waiver must accompany this application as a separate rider, denoting reasons why the waiver should be granted. The Zoning Board will review your request and notify you whether or not waiver has been granted.

The Warren Township Board may require submission of additional information not specified in this checklist as is reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required (Municipal Land Use Law Chapter 291 C. 40:55D-10.3).

When the applicant appears before the Planning Board for either a work session or public hearing, the applicant will be required to bring with them four maps of the latest revision submission for the Planning Board members.

(See the following for the Watercourse Protection Area Completeness Checklist)

Watercourse Protection Area Completeness Checklist
No.	Item				Submitted	Not Applicable	Waiver Requested	Planning Board
1.	2 copies completed application and checklist.
2.	Application fee is paid in accordance with Section 15-5. Watercourse Protection Area:
	New construction or unimproved lot:			$200
	Additional improvements on improved tract:			$100
3.	Escrow fee is paid in accordance with Section 15-5. Watercourse protection area and filing permits or Site Plan: $500 Note: Escrow fees for AMENDED Planning Board and Board of Adjustment applications shall be reduced by 50% of the above posted fees. (Per Ordinance 10-2 Effective 3/11/10 amending subsection 15-5.3a3.)
4.	Signed Escrow Agreement
5.	Official Somerset County Planning Board receipt which demonstrates proof of filing with the County.
6.	Proof of submission to N.J.D.E.P.
7(a)	Disclosure Statement: Application by Corporation or Partnership for approval of a site to be used for commercial purposes shall list all stockholders holding 10% or more of stock in any class and/or all individual partners having 10% or greater interest in partnership or corporation. Please note: Any applicant that is incorporated must have an attorney represent them.
7(b)	Disclosure Statement: of 10% ownership interest of Corporation or Partnership which is 10% owner of applying Corporation or Partnership.
8.	Owner's letter of consent if applicant is other than the owner.
9.	List of any variances being sought, including all information necessary for proper deliberation.
10.	Certification by Tax Collector that all taxes have been paid through the current quarter.
11.	Copy of all existing protective covenants or deed restrictions of every nature affecting the premises sought to be developed or any part thereof and including a statement as to whether such deeds or covenants are of record.
12.	A copy of abstract of the deed or deeds or other instruments by which title is derived with the names of all owners.
13.	11 FOLDED blue on white prints and 15 11 inches by 17 inches reduced copies in accordance with the following: Please Note: Applicant to bring 4 additional full size maps of the latest revision to each Planning Board meeting.
14.	Proper scale (1 inch equals 100 feet)
15.	Graphic scale
16.	Key map (not less than 1 inch equals 1,600 feet)
17.	Date and revision date.
18.	Name and address of applicant must be shown on the plans.
19.	Name and address of person(s) preparing the plans, signature, date, seal, and license number must be shown on plans.
20.	Name and address of owner of record and/or authorized agent must be shown on plans.
21.	North arrow.
22.	Existing block and lot number(s) of the lot(s) as they appear on the official municipal tax maps.
23.	Entire tract shown.
24.	Name of project.
25.	All title blocks should meet requirements of N.J.A.C. 13:40 Sections 1.3, 1.4, 1.5, 1.6.
26.	Survey of tract certified by Professional Licensed Land Surveyor indicating boundaries and area (within 1/100 acre).
27.	Names of adjoining owners and owners within 200 feet with respective block and lot numbers and tax sheet numbers.
28.	Tax map identification (sheet number, block and lot numbers) on plans.
29.	Space provided for endorsement of the Chairman and Secretary of the Planning Board.
30.	Zone boundaries and existing schools within 200 feet
31.	Improvements and utilities within 200 feet
32.	Proposed rights-of-way.
33.	Any adjacent lots in which applicant has a direct or indirect interest.
34.	Improvements to adjoining streets and roads.
35.	All distances to the nearest intersection with any public street (measured along sideline or centerline of adjacent street).
36.	Building height, size and location.
37.	Percent (%) of building coverage, and proposed floor area ratio.
38.	Location and size of existing building and structures, on-site and within 200 feet
39.	Structures to be removed shall be indicated by dashed lines.
40.	Minimum proposed floor elevations in accordance with Section 15-10 of this chapter.
41.	Designate and note existing structures on Historic Landmarks inventory maintained by the Somerset County Planning Board.
42.	Existing elevations and contours (2 feet contour internal and extended minimum of 100 feet beyond tract).
43.	Proposed elevations and contours (2 feet contour internal).
44.	Indication of slopes greater than 15% by shading.
45.	Exterior wall material.
46.	Exterior architectural design lighting and illumination patterns and details.
47.	Access streets (names, width, lanes).
48.	Vehicular ingress and egress to and from site onto public streets.
49.	Directional traffic flow on site.
50.	Calculation of parking provided and required, including barrier-free parking spaces.
51.	Location, scaled design of off-street parking.
52.	Size and location of bays, aisles and planting areas.
53.	Off-street parking areas paved and curbed.
54.	Written use plan, explaining intended use of the building.
55.	Size and location of driveways and curb cuts.
56.	Driveways conform to maximum and minimum dimensions required.
57.	Site easements shown on plan.
58.	Sidewalks, walkways and pedestrian lanes.
59.	Fire Lanes.
60.	Loading spaces or docks, including signage.
61.	6 sets of traffic impact analysis for sites generating more than 25 vehicles per hour
62.	Existing and proposed storm sewer system.
63.	Drainage Calculations:
	a.	Stormwater Management Plan - Calculations for evaluation of on-site detention facilities for zero net increase in runoff.
	b.	Calculations for downstream impact analysis without detention facilities.
	c.	Internal drainage system sizing calculations including inlet drainage area map.
64.	Existing and proposed sanitary sewers.
65.	Existing and proposed water mains and hydrants.
66.	Existing and proposed gas lines.
67.	Existing and proposed electrical lines.
68.	Existing and proposed telephone lines.
69.	Existing and proposed common space.
70.	Existing and proposed open space.
71.	Solid waste collection and disposal method, including recyclable material storage area.
72.	Streams, waterways and floodplains on tract and within 200 feet of tract.
73.	Indication of wetland areas on tract, including classification and buffer where appropriate.
74.	Watercourse Protection areas, flood boundaries and elevation to be shown.
75.	Setback lines; provided and required.
76.	Buffer areas, including height, width and type of buffer and its expected effectiveness in screening views, auto headlights and reducing noise.
77.	Proposed landscaping areas including types and sizes of plantings, and planting, staking and mulching details (include buffer area).
78.	Area(s) of proposed dedication for public use.
79.	Seeded or sodden areas, ground cover, retaining walls, fencing, shrubbery, and trees, including height and caliper.
80.	Location and diameter of single trees not in wooded areas with diameter of 6 inches or more as measured 3 feet above the base of the trunk.
81.	Soil erosion and sediment control plan.
82.	4 copies of an Environmental Assessment Report containing:
	a.	Plan and description of the proposed development.
	b.	Inventory of existing natural resources, on site and affected off-site area.
	c.	Assessment of environmental impacts.
	d.	Unavoidable adverse environmental impact (both long and short term).
	e.	Proposed mitigation measures.
	f.	The following areas of concern must be addressed within each of the above categories:
		1.	Sewerage facilities
		2.	Water supply
		3.	Stormwater runoff
		4.	Floodplain and any N.J.D.E.P. stress encroachment permits needed.
		5.	Solid waste disposal
		6.	Air pollution
		7.	Traffic
		8.	Social/Economic impact
		9.	Aesthetics, including noise impacts, and historic value.
		10.	Licenses, permits, etc. needed for completion of the project.
		11.	Wetlands (specify how delineated, classification, buffer, and any N.J.D.E.P. permits required.
		12.	Steep slopes (note significant areas of 12% or greater slopes).
		13.	Soil types and descriptions
		14.	Wildlife
		15.	Vegetation
	g.	Alternatives (changes in design and/or use as well as the "no build option."
	Note: Any request for waiver of the above EAR must be submitted in writing as a separate rider in duplicate to the Planning Board Secretary. A waiver request should address the items listed in #82 and describe why there is no impact from the proposed development.

§ 15-6.6 Preliminary Major Subdivision Completeness Checklist and Plat Details.

[Ord. No. 92-33; Ord. No. 03-11, § 4; Ord. No. 03-25 § 2; Ord. No. 07-70 § 5; Ord. No. 10-07, § V; Ord. No. 13-04 § 4]

Applicant shall check off all items as submitted, not applicable, or waiver requested. Plans and improvements shall conform to standards and requirements of Sections 15-7 through 15-11 of this chapter.

Any request for waiver must accompany this application as a separate rider, denoting reasons why the waiver should be granted. The Zoning Board will review your request and notify you whether or not waiver has been granted.

The Warren Township Board may require submission of additional information not specified in this checklist as is reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required (Municipal Land Use Law Chapter 291 C. 40:55D-10.3).

When the applicant appears before the Planning Board for either a work session or public hearing, the applicant will be required to bring four maps of the latest revision submission for the Planning Board members.

(See the following for the Preliminary Major Subdivision Completeness Checklist)

Preliminary Major Subdivision Completeness Checklist
No.	Item					Submitted	Not Applicable	Waiver Requested	Planning Board
1.	2 copies completed application and checklist
2.	Application fee is paid in accordance with Section 15-5. Preliminary Major Subdivision with Sketch Plat Approval: $350 Plus:
	1-3 Lots: 4-10 Lots: 11-50 Lots: 50+ Lots:				$50 $400 $800 $1,600
3.	Escrow fee is paid in accordance with Section 15-5. Preliminary Major Subdivision:
	1-3 lots or units: 4-10 lots or units: 11-25 lots or units: 26-50 lots or units: 51-100 lots or units: Excess of 100 lots or units:				$4,000 $10,000 $20,000 $25,000 $30,000 $50,000
	NOTE: Escrow fees for AMENDED Planning Board and Board of Adjustment applications shall be reduced by 50% of the above posted fees. (Per Ordinance 10-2 Effective 3/11/10 amending subsection 15-5.3a3.)
4.	Signed Escrow Agreement
5.	Official Somerset County Planning Board receipt.
6.	Proof of submission to N.J.D.E.P. for necessary permits.
7a.	Disclosure Statement listing names and addresses of all stockholders or individual partners owning at least 10% of the interest in the partnership or corporation in accordance with N.J.S.A. 40:55D-48.1. Any applicant who is incorporated must be represented by an attorney.
7b.	Disclosure statement of 10% ownership interest of corporation or partnership which is 10% owner of applying corporation or partnership in accordance with N.J.S.A. 40:55D-48.2.
8.	Owner's letter of consent if applicant is other than owner.
9.	List of any variances being sought, including all information necessary for proper deliberation.
10.	Certification by Tax Collector that all taxes have been paid through the current quarter.
11.	Copy of all existing protective covenants or deed restrictions of every nature affecting the premises sought to be developed or any part thereof and including a statement as to whether such deeds or covenants are of record.
12.	A copy of abstract of the deed or deeds or other instruments by which title is derived with the names of all owners.
13.	11 FOLDED blue on white signed and sealed maps and 15 11 inches by 17 inches (14) if Board of Adjustment in accordance with the following: Please note: Applicant is to bring 4 additional maps of the latest revision to each Planning Board meeting.
14.	Proper scale (1 inch equals 50 feet) minimum
15.	Date and revision date on each sheet, (overall plan revision dates to be shown on cover sheet.)
16.	Name and address of applicant must be shown on plans.
17.	Name and address of person(s) preparing the plans, signature, date, seal, and license number must be shown on plans.
18.	Name and address of owner of record and/or authorized agent must be shown on plans.
19.	North arrow.
20.	Existing block and lot number(s) of the lot(s) as they appear on the official tax maps.
21.	A map of the entire tract or property signed and sealed by a professional licensed surveyor showing the location of that portion to be divided, giving all distances and showing all roads abutting or traversing the property. Development boundaries shall be clearly delineated.
21a.	Pursuant to N.J.A.C. 13:40-7(a)1, "a signed and sealed survey prepared by a licensed professional land surveyor shall be submitted in conjunction with all subdivision and site plan applications."
22.	Name and address of all owners within 200 feet of the subdivision and the name of the adjoining municipality and county.
23.	Any municipal limits within 200 feet of the subdivision and the name of the adjoining municipality and county.
24.	Drainage submitted must include:
	a.	Title sheet.
	b.	Site survey and layout plan.
	c.	Landscaping plan.
	d.	Clearing, grading, and drainage plan.
	e.	Erosion and sedimentation control plans.
	f.	Municipal utilities plans and profiles - road profiles and private utilities to be shown in plan.
	g.	Township standard details (2 sheets).
25.	Public improvement construction plans and specifications at a scale of 1 inch equals 50 feet minimum. Plans to construct public improvements prior to submission for final approval shall show sufficient detail to allow a thorough Engineering review.
26.	Standard road and sewer construction detail sheets (2)
27.	Key map (not greater than 1 inch equals 1,600 feet)
28.	Title Block to be in accordance with Chapter 40 of revised statute 45:8 of the State Board of Professional engineers and Land Surveyors stipulating title block content.
	a.	Name of development, municipality and county.
	b.	Name and address of developer.
	c.	Scale
	d.	Date of Preparation.
	e.	Name, address, signature and license number of the professional engineer and other professionals that prepared the drawings.
29.	Graphic scale and North arrow
30.	Signature block for endorsement of the Board Chairman and Board Secretary on cover sheet of plans in lower right hand corner of plan:
	APPROVED BY THE WARREN TOWNSHIP PLANNING BOARD
	Chairman Secretary				Date Date
31.	All existing tract boundaries or lot lines.
32.	Lot and block number of each bordering lot.
33.	Planning district boundaries affecting the tract and within 200 feet.
34.	Planning Schedule indicating applicable zoning requirements and proposal including:
	a.	Lot area in square feet.
	b.	Lot width in feet.
	c.	Front yard setback in feet.
	d.	Both side yard setbacks in feet.
	e.	Rear yard setback in feet.
	f.	Rear and side yard setbacks for any accessory buildings.
	g.	Maximum % lot coverage by building.
	h.	Maximum height in stories and feet.
	i.	Maximum % lot coverage by all buildings and pavement.
	j.	Floor area ratio.
35.	The location of any portion which is to be developed in relation to the entire tract.
36.	Existing and proposed contours at 5 feet intervals for slopes averaging 10% or greater, and at 2 feet intervals for slopes averaging less than 10%.
37.	Indication of slopes of 15% or greater to be shown with shading.
38.	Acreage of the parcels to be developed to the nearest tenth of an acre.
39.	Location of all existing structures on site and within 200 feet of the site. If site structure presents a variance condition, offsets shall be provided.
40.	Indication of whether existing structures and uses will be retained or removed to be clearly indicated with a dashed line.
41.	The location and extent of all existing and proposed easements of rights-of-way (whether public or private), or utility or encroachments affecting the tract, including a statement of the limits and purpose of the easement rights.
42.	The boundaries and dimensions of any proposed new lot(s), the number of new lots, and the area of each proposed lot in square feet.
43.	A sketch of the proposed layout or disposition of remaining lands, if any.
44.	The location and use of all property to be reserved by covenant in the deed for the common use of all property owners or otherwise.
45.	All means of vehicular access and egress to and from the tract or site onto public streets, showing the size and location of driveways, curb cuts, traffic signs, and signals, channelization, acceleration and deceleration lanes.
46.	Plans, typical sections, centerline profiles, cross sections at 50 feet intervals, proposed grades and details of all streets which are to be improved, both within, abutting and off the tract including curbing, sidewalks, storm drains, and drainage structures. Sight triangles, the radius of curb lines and street sign locations shall be clearly indicated at intersections.
47.	Drainage Calculations:
	a.	Stormwater Management Plan - Calculations for evaluation of on-site detention facilities for zero net increase in runoff.
	b.	Calculations for downstream impact analysis without detention facilities.
	c.	Internal drainage system sizing calculations including inlet drainage area map.
	d.	Design standards for all facilities as set forth in Section 15-10.
	e.	Proposed stormwater retention or detention facilities, if warranted. No more than 1/3 of lot area required in the zone shall be designated as a stormwater facility.
48.	Plans of proposed improvements and utility layouts showing feasible connections to any of the proposed utility systems:
	a.	Sewers
	b.	Storm drains
	c.	Water
	d.	Fire hydrants and water control valves
	e.	Gas
	f.	Telephone
	g.	Electricity
	h.	Cable Television
49.	All existing watercourses including lakes and ponds, flood hazard areas, floodways, Watercourse Protection Areas, and drainage rights-of-way within the tract or within 200 feet thereof. All plats that encompass any Watercourse Protection Area as outlined and defined in Section 15-10 shall contain the following certification: "This subdivision encompasses land in a Watercourse Protection Area and is subject to all the standards and requirements of the Floodplain and Watercourse regulations of the Township of Warren."
50.	Indication of wetland areas on tract and source of delineation. If none, a statement to that effect. Indicate classification of wetlands, and show appropriate buffer where applicable. Proof of submission to N.J.D.E.P. for L.O.I. and permits, as applicable.
51.	When a stream is proposed for alteration, improvement, or relocation or when a drainage structure or fill is proposed over, under, in or along running stream falling under the jurisdiction of N.J.D.E.P., the following documentation shall be submitted:
	a.	Cross sections of water courses, and/or drainage swales to scale showing the extent of floodplain, top of bank, normal water levels and bottom elevations at the following locations:
		1.	At any point where a watercourse crosses a boundary of the tract.
		2.	At 50 feet intervals for a distance of 500 feet upstream of any point or juncture of 2 or more watercourses within the tract and 500 feet downstream of the tract.
52.	A delineation of the floodway, flood hazard, and wetlands areas adjacent to the tract.
53.	The total acreage in the drainage basin of any watercourse running through or adjacent to the tract in the area upstream of the tract.
54.	The location and extent of any existing and proposed drainage and conservation easements and of stream encroachment lines. The location, extent and water level elevation of lakes and ponds within and adjacent to the tract.
55.	When ditches, streams or watercourses are to be altered, improved, or relocated, the method of stabilizing slopes and measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown, together with supporting calculations in accordance with soil conservation standards.
56.	The location and species of all existing trees or groups of trees having a diameter in excess of 6 inches (D.B.H.) The location of all wooded areas and the approximate number of trees per acre shall be shown when the tree count is more than 25 trees per acre.
57.	Proposed shade trees, screening, and buffering should be shown on a separate landscaping plan, and include the following:
	a.	Existing vegetation and whether or not it will remain.
	b.	Existing individual trees in excess of 6 inches (DBH) identified by species and showing the approximate crown limits.
	c.	Contiguous stands of trees with inter-grown crowns which will be preserved.
	d.	Existing and proposed contours and site clearance and grading limits.
	e.	Limits of excavation, haul roads, stockpile areas, staging areas and the temporary and ultimate landscape of each
	f.	Areas with special soils or slope conditions (existing or proposed).
	g.	Specifications for proposed topsoiling, seeding, soil sediments and mulching.
	h.	Details, cross sections, materials, surface and finished grade elevations.
	i.	Notes regarding special maintenance requirements during the period of establishment and the limits of any such special maintenance areas.
	j.	Notes regarding permanent or temporary site maintenance commitments.
	k.	If soil is to be removed or brought to the site the quantity, method of transportation and steps to be taken to protect public streets shall be described. Requirements of Section 15-9 (Soil Movement) shall apply.
58.	Each major subdivision application shall include 6 project reports containing the following:
	a.	Project description and statistic report.
	b.	Land classification map and report.
	c.	A natural features report.
	d.	Open space plan and report.
	e.	Land coverage and drainage plan.
	f.	Erosion and sedimentation control plan and report.
	g.	Sewer and water plan and report.
	h.	Circulation plan and traffic report.
	i.	Utilities plan and report.
	j.	Development schedule plan.
	k.	Variances, exception and modifications.
	l.	Easements and covenants.
59.	Unique natural features or historic sites or structures within the tract and within 200 feet thereof.
60.	All public property and property proposed to be dedicated in the tract, accurately outlined and described with existing or proposed uses designated.
61.	4 copies of an Environmental Assessment Report in accordance with Section 15-12 containing:
	a.	Descriptive report of environmentally sensitive areas.
	b.	Site description & inventory:
		1.	Types of soil
		2.	Topography
		3.	Geology
		4.	Vegetation
		5.	Wildlife
		6.	Surface & subsurface water.
		7.	Unique, scenic, historic features.
		8.	Existing development features not part of natural environment.
	c.	Environmental impact matters to be evaluated:
		1.	On-site sewerage and off-site connections.
		2.	Potable water supply.
		3.	Stress corridors, wetlands, erodible soils, vegetation, wildlife habitats, aquifer recharge areas and historically or archeologically significant areas.
		4.	Adverse sound levels.
		5.	Hazardous substances transported and/or stored.
		6.	Solid waste disposal.
		7.	Traffic generation.
		8.	Adverse effects during construction phase.
		9.	List all licenses, permits, approvals from municipal, county, state, federal agencies.
	d.	Site design to minimize environmental damage:
		1.	Drainage plans to limit