A.
No development shall take place within the Township nor shall any land be cleared or altered nor shall any watercourse be diverted or its channel or floodplain dredged or filled nor shall any parking areas, accessory or otherwise or accessways to hereto be constructed, installed or enlarged nor shall any building permit be issued with respect to any such structure, land or parking area except in accordance with an approval of such development granted pursuant to this chapter, unless exempted in accordance with Subsections B(1) and C(1). All subdivisions must be shown on a plat.
B.
Classification of subdivisions.
(1)
Exempt subdivisions. Planning Board approval is not
required for the following, but copies of the relevant documents should
be submitted for informational purposes. No subdivision involving
a new street is exempt.
(a)
Divisions of land found by the Planning Board
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, including
but not limited to judgments or foreclosure.
(d)
Consolidation of existing lots by deed or other
filed plat.
(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 this chapter and are shown and designated
as separate lots, tracts or parcels on the Tax Map of the Township
of Middle.
(2)
A minor subdivision is any subdivision of land for
the creation of not more than five lots (four new lots and the remaining
parcel), each fronting on an existing street or streets and not involving
a planned development, any new street or the extension of any off-tract
improvement.
(3)
A major subdivision is any subdivision of land not
classified as a minor subdivision.
C.
Classification of site plans.
(1)
Exempt site plans; exceptions.
(a)
Exempt site plans are as follows:
[1]
Detached single-family dwellings and structures
designed for occupancy by two families unless a home occupation will
be conducted on the premises.
[2]
The construction of parking areas for less than
three vehicles.
[3]
Any structure or use for which a site plan review
application was approved by the Planning Board prior to the effective
date of this chapter or under municipal ordinances and regulations
then in effect and superseded by this chapter and that is developed
in accordance with an approval of such application heretofore given
by the Planning Board pursuant to the prior ordinances and regulations,
provided that such approval is less than two years old.
[4]
A proposed development not involving a change
in use and not affecting existing circulation, drainage, building
arrangements, landscaping, buffering, lighting and other considerations
of site plan review, the aforesaid being intended to include normal
maintenance or replacement, such as a new roof, painting, new siding
or similar activity.
(b)
Nothing contained herein shall be deemed to
exempt from site plan review any development resulting from the moving
of any building or buildings over, along or across highways, streets,
roads, lanes and/or alleys of the Township of Middle for placement
on any lot in the Township of Middle unless the same qualifies as
a manufactured home, as defined in N.J.S.A. 54:4-1.4d.
(2)
Minor site plans. Any site plan which proposes building
alterations or expansions which do not increase the gross floor area
of the structure by more than 30% proposes the addition of five or
fewer parking spaces, does not involve any planned development or
any new street or extension of any off-tract improvement and contains
the information reasonably required in order to make an informed determination
as to whether the requirements established by ordinance for approval
as a minor site plan have been met shall qualify as a minor site plan.
In addition, any application for development which entails the moving
of a building or buildings over, along or across highways, streets,
roads, lanes and/or alleys of the Township of Middle for placement
on a lot in the Township of Middle, unless the same shall qualify
as a manufactured home within the definition contained in N.J.S.A.
54:4-1.4d, shall qualify as a minor site plan.
(3)
Major site plans. Major site plans are all site plans
which are not exempt or classified as "minor" and for which no site
plan waiver has been granted.
(4)
Site plan waivers. The Planning Board (and the Zoning
Board where it has jurisdiction) may waive the requirement for site
plan approval where there is a change in use or occupancy and no extensive
construction or improvements (or de minimis construction or improvements)
are sought. The waiver may be granted only upon a resolution by the
Board's finding that the use will not affect existing drainage, circulation,
relationship of buildings to each other, landscaping, buffering, lighting,
parking and other considerations of site plan approval and that the
existing facilities do not require upgraded or additional site improvements,
except that curbing and sidewalks may be required by the Board in
areas of the Township where curbs and sidewalks are to be provided
and they do not exist at the site at the time of application for a
site plan waiver. The application for a waiver of a site plan shall
include a discussion of the prior use of the site, the proposed use
and its impact. The waiver can be granted only at a public meeting
with notice to be given in accordance with N.J.S.A.40:55D-12. An application
for site plan waiver shall be considered to be an application for
site plan approval so as to authorize and permit the Planning Board
to exercise its ancillary powers to hear variance requests pursuant
to N.J.S.A. 40:55D-60. (See Checklist 11: Site Plan Waiver Checklist.[1])
[Amended 10-5-1995 by Ord. No. 942-95]
[1]
Editor's Note: Said Checklist 11 is located
at the end of this chapter.
D.
Approval waivers.
(1)
Site plan approval may be waived at the recommendation
of the Zoning Officer for an accessory building not exceeding 500
square feet in ground floor area; and a construction permit for said
building may be issued, provided that said building does not invade
upon any required parking area, setback area or otherwise violate
any requirement of this chapter.
(2)
Except for detached one- or two-family dwelling unit
buildings and uses accessory thereto, site plan approval shall be
required for any new building, any addition to an existing building
except as indicated above, any off-street parking area or alteration
of such a parking area, house moving or any change in use of a building
or part thereof.
E.
If additional stormwater runoff will be directed to lands in the Township of Middle by development in an adjoining municipality or if drainage or other improvements on lands in the Township of Middle are necessitated by a development in an adjoining municipality, a site plan for the lands in the Township of Middle so affected shall be submitted to and approved by the Planning Board. Said site plan shall be subject to all conditions and requirements, including requirements for off-tract improvements in accordance with §§ 218-89 through 218-93, applicable to site plans for and located in the Township of Middle.
[Amended 10-5-1995 by ord. No. 942-95]
A.
When filing an application for subdivision or site
plan approval or for other approvals over which the Planning Board
has jurisdiction, the applicant will file with the Board Secretary
a request that his application be heard on a specified meeting date
of the Planning Board. The application shall be filed no later than
the first day of the month prior to the month on which the hearing
will be held. Whenever revision to a subdivision plat or site plan
is required, the revised plat or site plan shall be submitted at least
10 days prior to the requested meeting date. The applicant shall not
be guaranteed a hearing on the date requested and the applicant shall
not be authorized to provide public notice of the application as required
by this chapter and the Municipal Land Use Law by publication in the
official newspaper, personal service or by certified mail.
[Amended 10-5-1995 by Ord. No. 942-95]
B.
Authorization for the applicant to proceed with the
public notice shall be directed to the applicant by the Secretary
of the Board only after the application has been deemed complete and
the Secretary has determined that the application can be reasonably
presented at the meeting specified by the Secretary for the public
hearing.
[Amended 5-17-2004 by Ord. No. 1164-04]
Application shall be made on forms available
from the Board Secretary, shall be accompanied by the required application
fee and escrow payments, the appropriate application forms for the
type of application(s) involved, satisfactory written proof that the
taxes and water and sewer charges on the premises have been paid and
the appropriate checklist(s) for the type(s) of applications involved.
Twenty copies are required of the subdivision or site plan, architectural
plan, if applicable; application form (PB-1 or ZB-l) and attachments
to it; PB-8 or ZB-8 if a subdivision is involved; PB-9 or ZB-9 if
a site plan is involved. Three copies of all other forms are required.
This includes traffic studies, environmental impact statements, drainage
calculations and similar technical documents.
The Board Secretary, upon consultation with the Board Engineer and Board Attorney, shall review the application for completeness. If the application is deemed complete, the applicant shall be notified and assigned a hearing date at an upcoming Planning Board meeting. The applicant at this time will also be authorized to serve and publish the necessary public notices. If the application is deemed to be incomplete, the developer shall be notified in writing of the deficiencies of the application within 45 days of its submission to the Board Secretary. The application shall be deemed incomplete if any of the required items specified in § 218-43 above are not included and/or if the application lacks information required on checklists for the application in question. The applicant may request that one or more of the subdivision requirements or checklist items be waived. In cases where the applicant is seeking such waiver of said items, a memorandum shall be attached to the application indicating the specific items for which a waiver is sought and all reasons being set forth by the applicant to justify such a waiver. Notations on the checklists concerning waivers shall not be deemed complete or appropriate, and a separate sheet listing waivers and specifying justifications must be submitted. In matters where the application has been deemed incomplete and the applicant so notified, it will be necessary for the applicant to initiate the entire process again, and the Board Secretary shall have an additional forty-five-day period from the date of submission of the corrected application within which to make a determination as to whether or not the corrected application is complete. Notification to the applicant of completeness (and establishment of a hearing date and authorization to proceed with public notice) or incompleteness (with deficiencies noted) shall occur as in the case of the initial submission.
A.
The Planning Board or Zoning Board shall grant or
deny the application within the times of submission of a complete
application prescribed below or within such further time as may be
consented to by the applicant:
(1)
Minor subdivision: 45 days.
(2)
Preliminary plat major subdivision, 10 lots or less:
45 days.
(3)
Preliminary plat major subdivision, more than 10 lots:
95 days.
(4)
Minor site plan or preliminary major site plan, 10
acres of land or less and 10 dwelling units or less: 45 days.
(5)
Preliminary major site plan, more than 10 acres of
land or more than 10 dwelling units: 95 days.
(6)
Final major subdivision plat: 45 days.
(7)
Final major site plan: 45 days.
(8)
Ancillary Planning Board review: subdivision, site
plan or conditional use, together with variances under N.J.S.A. 40:55D-70c
or direction under 40:55D-34 or 40:55D-36: 120 days.
(9)
Conditional uses: 95 days.
(10)
Variances: 120 days.
B.
Failure of the Planning Board or Zoning Board of Adjustment,
as applicable, to act within the period prescribed shall constitute
approval, and a certificate of the Zoning Officer as to the failure
of the 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.
The applicant shall be notified of the action
of the Zoning Board or the Planning Board, as applicable, by the Secretary
of the Board reviewing the application.
[Amended 10-5-1995 by Ord. No. 942-95; 11-1-1999 by Ord. No.
1044-99; 5-5-2003 by Ord. No. 1131-03; 4-4-2005 by Ord. No. 1187-05; 2-4-2008 by Ord. No. 1288-08; 5-4-2009 by Ord. No. 1318-09; 10-17-2011 by Ord. No.
1399-11; 9-19-2016 by Ord. No. 1533-16; 2-21-2018 by Ord. No. 1554-18; 11-21-2022 by Ord. No. 1663-22]
Application fees required as part of development
application for the purposes of covering technical, investigative
and administrative expenses involved in processing the application
and revision of Township tax maps and Township records:
|
Category
|
Application
Fee
|
Escrow
Fee
| ||
|---|---|---|---|---|
|
1.
|
Informal review
|
$300
|
$300
| |
|
2.
|
Subdivision, minor
|
$500
|
$1,000
| |
|
3.
|
Subdivision, major (sketch)
|
$400
|
$200
| |
|
4.
|
Subdivision, major preliminary
|
$700
|
$2,500
| |
|
5.
|
Subdivision, major final
|
$400
|
$1,000
| |
|
6.
|
Site plan, minor
| |||
|
a.
|
Under 1,000 square feet retail/commer-
cial and under 5
parking spaces
|
$500
|
$1,500
| |
|
b.
|
Home occupation
|
$100
|
$250
| |
|
7.
|
Site plan, major preliminary nonresidential
| |||
|
a.
|
Under 5,000 square feet of building
|
$500
|
$2,000
| |
|
b.
|
From 5,001 to 10,000 square feet of building
|
$700
|
$2,500
| |
|
c.
|
From 10,001 to 50,000 square feet of building
|
$900
|
$3,000
| |
|
d.
|
From 50,001 to 100,000 square feet of building
|
$1,100
|
$3,500
| |
|
e.
|
100,001 square feet of building or greater
|
$1,900
|
$4,000
| |
|
f.
|
Major site plan, gravel pits
|
$500
|
$2,000
| |
|
8.
|
Site plan, major preliminary residential
| |||
|
a.
|
Up to 25 units
|
$500
|
$3,000
| |
|
b.
|
26 to 50 units
|
$600
|
$3,500
| |
|
c.
|
51 to 100 units
|
$800
|
$4,000
| |
|
d.
|
101 to 500 units
|
$1,000
|
$4,500
| |
|
e.
|
501 units or more
|
$1,200
|
$5,000
| |
|
9.
|
Site plan, major (final)
|
$500
|
$1,000
| |
|
10.
|
Variances
| |||
|
a.
|
Appeals and interpretations (N.J.S.A. 40:55D-70a
and b)
|
$600
|
$1,5000
| |
|
b.
|
Hardship [N.J.S.A. 40:55D-70c(1)]
|
$500
|
$1,500
| |
|
c.
|
Balancing [N.J.S.A. 40:55D-70c(2)]
|
$500
|
$1,500
| |
|
d.
|
Use, residential (N.J.S.A. 40:55D-70d)
|
$400 per unit
|
$1,500
| |
|
e.
|
Use, nonresidential
|
$1,000
|
$1,500
| |
|
f.
|
If the application requires more than 1 type
(a, b, c, d, e) variance as listed in Section 10 above, the applicant
shall pay the fee required for each type variance requested.
| |||
|
g.
|
At the discretion of the Zoning Officer, the
Chairman of the Planning Board or the Chairman of the Zoning Board
of Adjustment, if professional opinions are required for any application,
including attendance by the professionals at all meetings, the applicant
shall pay all of the costs incurred through the applicant's escrow
account.
| |||
|
11.
|
Submission of amendments/revisions to site plan
or subdivision applications after Board approval of plans/plats
|
$400
|
$600
| |
|
12.
|
Request for extension of preliminary or final
site plan or subdivision approvals
|
$100
|
$300
| |
|
13.
|
(Reserved)
| |||
|
14.
|
Requests to Planning Board for zone changes
and Master Plan changes
|
$400
|
$500
| |
|
15.
|
Certified list of property owners
|
$10 for 40 items or less, $0.25 for each item
over 40
|
None
| |
|
16.
|
Request for site plan waiver
|
$400
|
$1,000
| |
|
17.
|
Conditional use (N.J.S.A. 40:55D-67)
|
$500
|
$600
| |
|
18.
|
Submission of revised plan and/or application
documents after initial submission and prior to hearing date
|
$400
|
$600
| |
|
19.
|
Lot does not abut a street (N.J.S.A. 40:55D-34)
|
$300
|
$1,000
| |
|
20.
|
Lot is in a street bed (N.J.S.A. 40:55D-36)
|
$300
|
$1,000
| |
|
21.
|
Review of grading and drainage
|
$100
| ||
|
22.
|
Grading and drainage site inspection
|
$400
| ||
|
23.
|
Zoning permit
|
$50
| ||
|
a.
|
Revised zoning permit
|
$25
| ||
|
24.
|
Tax Map changes
|
$125 per lot for subdivisions and each easement
| ||
|
25.
|
Zoning permit – sign permit
|
$50
| ||
|
a.
|
Zoning permit – revised sign permit
|
$25
| ||
|
26.
|
Zoning permit – change of use permit
|
$25
| ||
|
27.
|
Zoning permit – fence permit
|
$25
| ||
A.
The application fees and escrow fees recited hereinabove
are "minimums" which must accompany the application. An application
shall not be deemed "complete" until the application fee and escrow
fee required have been paid. The Zoning Officer shall exercise his
or her discretion in establishing the figure required for the escrow
fund, in the event that the project will require more time for review
than has been provided for the figures recited hereinabove, or the
project is of a nature that is not expressly included in one of the
aforementioned categories.
[Amended 10-5-1995 by Ord. No. 942-95]
B.
Application fees and escrow fees must be submitted
in separate checks payable to Middle Township. The escrow fee shall
be forwarded by the Zoning Officer to the Treasurer of Middle Township
for deposit into a developer's escrow account. The application fees
shall be deposited into the Planning Board account until the end of
the month, at which time the moneys shall be submitted to the Treasurer
of Middle Township for deposit into the general account of Middle
Township.
[Amended 10-5-1995 by Ord. No. 942-95; 11-1-1999 by Ord. No. 1044-99]
C.
Funds shall be applied to professional costs charged
to the Township by professional consultants (planner, engineer, attorney
and any other consultant or specialist retained by the Board) for
services or review regarding the development application. Additional
funds may be required when the original amount is depleted by 60%
and the development application is still in progress. The amount of
additional funds needed shall be determined by the Zoning Officer
and the Township Engineer.
[Amended 10-5-1995 by Ord. No. 942-95]
D.
All escrow amounts not actually used shall be refunded
to the applicant upon applicant's request, provided that the Township
Engineer has certified that the project for which the escrow fees
were deposited has been satisfactorily completed. Notwithstanding
the foregoing, the Township shall not be required to refund the monies
in the escrow account when the project has been certified complete
and the amount (principal and interest) then remaining in the escrow
account is $25 or less. In such cases, the Township shall retain such
monies to cover administrative expenses, and the escrow account shall
be closed. The Zoning Officer shall notify the Treasurer, who will
transfer the monies from applicant's escrow account in to the Township's
general treasury. Further, the municipality shall not be required
to refund an amount of interest paid on a deposit which does not exceed
$100 for the year. If the amount of interest exceeds $100, that entire
amount shall belong to the applicant and shall be refunded to him
by the municipality annually or at the time the deposit is repaid
or applied to the purposes for which it was deposited, as the case
may be; except that the municipality may retain for administrative
expenses a sum equivalent to no more than 33 1/3% of that entire amount
for administrative expenses. A detailed accounting of all monies expended
from the escrow fund shall be made available to the applicant upon
request.
[Amended 4-15-2002 by Ord. No. 1101-2002]
E.
The applicant shall submit a bond for inspection fees
in an amount totaling 5% of the total project cost for major subdivisions
and 5% of the total project cost for major site plans.
F.
The municipality shall make all the payments to professionals
for services rendered to the municipality for review of applications
for development, review and preparation of documents, inspection of
improvements or other purposes pursuant to the Municipal Land Use
Law. If the municipality requires of the developer a deposit toward
anticipated municipal expenses for these professional services, the
deposit shall be placed in an escrow account pursuant to N.J.S.A.
40:55D-53.1. The amount of the deposit required shall be reasonable
in regard to the scale and complexity of the development. All payments
charged to the deposit shall be pursuant to vouchers from the professional
stating the hours spent, the hourly rate and expenses incurred. A
municipality shall render a written final accounting to the developer
on the uses to which the deposit was put. Thereafter the municipality
shall, upon written request, provide copies of the vouchers to the
developer. If the salary, staff support and overhead for a professional
are provided by the municipality, the charge to the deposit shall
not exceed 200% of the sum of the products resulting from multiplying
the hourly base salary of each of the professionals by the number
of hours spent by the respective professional 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 municipality.
G.
In addition to all other application fees, the applicant
shall be charged an administrative fee of $5 with regard to every
notice of incompleteness of application that is required to be sent
to the applicant, the administrative fee to cover the Township's costs
of mailing and administrative costs associated with the sending of
the notice. The fee of $5 must be paid in order for any subsequent
review of the application to be undertaken and in order for the application
to subsequently be deemed complete.
H.
Copies of the Township Zoning Ordinance[1] and of the Subdivision and Site Plan Ordinances may be
purchased by payment of $30 per ordinance. Copies of the Township
Master Plan may be purchased by payment of $35. Copies of the Township
Zoning Map may be purchased by payment of $5. Large size copies of
plans and documents (18 feet to 36 feet) may be purchased by the payment
of $5 per page. Copies of other records and documents may be purchased
by payment of the following: first page to 10th page, $0.75 per page;
11th page to 20th page, $0.50 per page; all pages over 20. $0.25 per
page.
[Added 11-4-2002 by Ord. No. 1117-2002]
