Township of Old Bridge, NJ Article IV Procedure

§ 250-11 Purpose.

The purpose of this article is to establish the procedure for approving board review of and action with respect to applications for development. The procedure is intended to provide orderly and expeditious processing of such applications.

§ 250-12 Preapplication.

A. Preapplication conference.

(1) The applicant may request from the Director of the Department of Community Development and, if requested, shall be entitled to the holding of a preapplication conference. The purpose of this conference is to:

(a) Acquaint the applicant with the substantive and procedural requirements of this chapter;

(b) Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, this chapter and other development requirements;

(c) Advise the applicant of any public sources of information that may aid the applicant's prosecution of the application for development;

(d) Otherwise identify policies and regulations that create opportunities for, or pose significant constraints on, the proposed development;

(e) Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences;

(f) Permit input into the general design of the project; and

(g) Identify, to the extent practicable at this stage of the process, any variances, or design or submission waivers necessary for the applicant to develop the proposed development.

(2) The municipal representatives at the preapplication conference shall be designated, except as otherwise indicated, by the Director of the Department of Community Development and shall include the administrative officer and a representative of the Mayor designated by the Mayor, and may include:

(a) The Municipal Engineer;

(b) The Municipal Planner;

(c) The Municipal Construction Official;

(d) The Municipal Zoning Officer;

(e) Representatives from the Planning Board and/or the Zoning Board of Adjustment; and

(f) Representatives from the Municipal Environmental, Historic Preservation, and/or other Commissions.

(3) A request for a preapplication conference shall be made in writing and shall include a project description, a tax lot and block designation of the site in question, a concept plan and such additional information as may be reasonably requested by the Director of the Department of Community Development. The Director of the Department of Community Development shall schedule a preapplication conference within 15 days of receipt of such request.

(4) The applicant shall not be required to pay a fee for the preapplication conference; provided, however, that the applicant shall post an escrow fee pursuant to Article XII of this chapter to cover the costs of attendance at the preapplication conference of professional consultants not employed by the Township. If requested and paid for by the applicant, a brief written summary of the preapplication conference shall be prepared by the Department of Community Development and provided to the applicant within 15 working days after the final meeting. The fee for such summary shall be that set forth in Article XII of this chapter.

(5) Neither the approving board, the applicant, nor any other participant in the preapplication meeting shall be bound by the determination of the preapplication process.

B. Concept plan review.

(1) In addition, or as an alternative, to the preapplication conference, at the request of the applicant, the Planning Board, or a subcommittee thereof, shall meet with the applicant for an informal review of a concept plan for development for which the applicant intends to prepare and submit an application for development to the Planning Board. The purpose of the concept plan is to provide Planning Board input in the formative stages of subdivision and site plan design.

(2) A request to meet with the Planning Board for an informal concept plan review shall be made in writing and shall include a project description, a tax lot and block designation of the site in question, the concept plan and such additional information as may be reasonably requested by the Director of the Department of Community Development.

(3) A brief written summary of the concept plan review shall be prepared by the Department of Community Development and provided to the Planning Board members and the applicant.

(4) The applicant shall be charged the fee for concept plan review set forth in Article XII hereof. The amount of such fee shall be a credit towards fees or charges otherwise payable under Article XII for the review of the application for development.

(5) The applicant shall not be bound by any conceptual plan for which review is requested, nor shall the Planning Board, or any subcommittee thereof, be bound by any such review. The Planning Board shall require public and personal notice of the conceptual plan review meeting in the same manner as that required by § 250-13H hereof.

[Amended 11-2-1992 by Ord. No. 42-92]

§ 250-13 Applications generally.

A. Assignment. Upon submission of an application for development and as a part of the completeness determination described in Subsection D hereof, the administrative officer shall determine, to the extent practicable, approvals required and the appropriate Board for hearing an application for development. The administrative officer's determination shall be presumed to be correct; provided, however, that nothing contained herein shall preclude the administrative officer from determining, subsequent to a completeness certification and based upon a continuing planning and engineering review of an application for development, that additional approvals are necessary to develop the property in question in the manner proposed by the applicant. The following applications may be filed:

(1) Exempt subdivision.

(2) Minor subdivision.

(3) Preliminary major subdivision.

(4) Final major subdivision.

(5) Minor site plan.

(6) Preliminary major site plan.

(7) Final major site plan.

(8) General development plan approval.

(9) Conditional use.

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

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

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

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

(14) Direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.

B. Combination of actions. Certain applications for development may involve a combination of actions; provided, however, that the applicant shall not be granted final subdivision or site plan approval prior to the granting of the related preliminary approval.

[Amended 3-15-2010 by Ord. No. 2010-03]

C. Ancillary Board jurisdiction. In the event that the application for development requires relief from the Planning Board pursuant to § 250-8G(7) of this chapter, or relief from the Zoning Board of Adjustment pursuant to § 250-9G(9) of this chapter, the developer may elect to submit a separate application requesting approval of the variance or direction for the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall precede and be conditioned upon a grant of all required subsequent approvals by the approving board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purposes of the zoning plan and this chapter. In the case of relief requested from the Zoning Board of Adjustment pursuant to § 250-9G(9) of this chapter and notwithstanding the provisions of § 250-9G(5), the number of votes of Board members required to grant such subsequent approval shall be as otherwise provided in these ordinances. Notwithstanding any other provision of this chapter to the contrary, any application for development requiring the granting of a variance shall be acted upon by the approving board within 120 days of the certification of the application as a complete application, or such further time period as may be consented to by the applicant.

D. Content.

[Amended 3-15-2010 by Ord. No. 2010-03]

(1) An application for development shall include the information specified in Appendix A,[1] which constitutes the checklist of items to be submitted for review by the approving board of each type of application and referred to in N.J.S.A. 40:55D-10.3. A copy of the relevant checklist shall be completed and signed by the applicant, and submitted with the application for development.

[1] Editor's Note: Appendix A, Completeness Checklist, is included at the end of this chapter.

(2) An applicant for development on an undersized lot shall submit proof of the good faith effort to correspond with abutting property owners to ascertain whether they have an interest in buying or selling property. (See 250 Attachment 12A, 12B, and 12C.)[2]

[2] Editor's Note: Said attachment is included at the end of this chapter.

(3) Soil borings, as required by the completeness checklist, shall be taken at each stormwater detention or retention facility, and several at building locations representative of each dominant soil type. The Township Engineering Department shall be notified 48 hours prior to performing the boring(s) to allow witnessing of the test(s).

(4) All applications for development must be based upon a current and accurate survey which shows the conditions of the property as of the date of the application. In compliance with the New Jersey State Board of Professional Engineers and Land Surveyors' Rule Notice, only licensed land surveyors may show existing conditions and exact locations of physical features on a survey. When preparing a site development plan, a licensed professional engineer may transfer the survey information to his plan but must add a note identifying the date of the survey, who prepared the survey and for whom the survey was performed. In addition, a signed and sealed copy of the survey must accompany the application.

E. Environmental impact statement. An environmental impact statement (EIS) shall accompany all applications so noted in Appendix A of this chapter, and shall include the information needed to evaluate the effects of the proposed development upon the environment. An environmental impact statement as required herein shall also be submitted for all public or quasi-public projects unless such are exempt by supervening county, state or federal law. An environmental impact statement shall include, at a minimum, the following:

(1) Project description. A description of the proposed project including information and technical data adequate to permit a careful assessment of environmental impact, including:

(a) Reason for the project;

(b) The recommended or favored alternative mapped and/or described;

(c) Parks, recreational sites, wildlife, refuges and historic sites mapped and described;

(d) Existing land use, zoning and master plan delineation of project area mapped and described;

(e) Ambient environmental conditions mapped and described;

(f) A listing of all licenses, permits or other approvals as required by law and the status of each.

(2) Investigation and identification of environmental impacts. The probable impact of the proposed project on the environment, including impact on ecological systems such as wildlife, fish and marine life, involving any probable adverse environmental effects which cannot be avoided with respect to:

(a) Water quality;

(b) Air quality;

(c) Noise;

(d) Undesirable land use patterns;

(e) Damage or destruction of significant plant or wildlife systems;

(f) Aesthetic values;

(g) Destruction of natural resources such as wetlands, coastal areas, floodplains, air quality, water resources, topography and geological features;

(h) Destruction of man-made resources, including historic and archaeological sites.

(3) Mitigating measures. A thorough discussion of the steps to be taken before, during and after construction of the project, to minimize the adverse environmental effects as described in Subsection E(2) of this section, including the effect on the rules, regulations, and standards promulgated under state and/or federal environmental statutes.

(4) Project alternatives. Alternatives to the proposed project, including:

(a) That of no project;

(b) Description of alternative designs with an objective evaluation of the alternatives that might avoid some or all of the adverse environmental effects with the rationale for acceptability or nonacceptability of each alternative.

(c) An analysis of the cost and social impact of the alternatives, including construction problems and traffic services.

(5) Irreversible and irretrievable commitment of resources. A quantifiable identification of any irreversible and irretrievable commitments of resources which would be involved in the implementation of the project.

(6) Relationship between short-term and long-term uses of the environment. The relationship between local short-term uses of the site and the maintenance and enhancement of long-term productivity, assessing the project for cumulative long-term effects from the perspective that each generation is a trustee of the environment for future generations.

F. Community impact statement. All applications so noted in Appendix A of this chapter[3] shall be accompanied by a community impact statement analyzing the proposed development and its expected impacts upon existing municipal facilities and services. The community impact statement shall indicate why, in the applicant's opinion, the proposed development is in the public interest, as well as providing data and opinions concerning the following specific items:

[Amended 6-25-2007 by Ord. No. 2007-10]

(1) Population impact. An analysis of the number of people expected to be added to the municipal population as a result of the proposed development according to the following age cohorts: preschool-aged children, school-aged children, parents of family-bearing age, middle-aged adults and retired people.

(2) School impact. An analysis of the anticipated number of pupils who will be added to the student population in the municipality and the ability of the existing public school facilities to absorb the expected student population during a ten-year time period. Should expanded or new school facilities and/or increased teaching staff be required, the expected cost for such additions shall be specified.

(3) Facilities impact. An analysis of the existing facilities available to serve the proposed development and the impact of the development upon the facilities, including the adequacy of existing public water facilities; public sewerage facilities; recreational facilities; and library facilities. Should such facilities be determined inadequate to serve the proposed development, the remedies, either expected or proposed by the applicant, shall be indicated along with the estimated costs for such additional facilities and who, in the opinion of the applicant, should pay for them.

(4) Services impact. An analysis of the existing services provided by the municipality to serve the proposed development and the impact of the development upon services, including police protection, fire protection, solid waste disposal, and street maintenance services.

(5) Traffic impact. An analysis of the existing road network available to serve the proposed development as well as the proposed road network within the development itself and the surrounding road network which will be affected by the proposed development, including the capacity of the existing and proposed roadways, the anticipated traffic volumes as a result of the proposed development as well as the increase in traffic volumes expected from other developments within the area; and any problem spots in the overall road network, including unsafe intersections, turns or grades.

(6) Financial impact. An analysis of the revenues expected to be generated from the development compared to the anticipated costs which the proposed development is expected to generate. Revenues and costs shall be shown for the municipality, the municipal school systems and the county.

[3] Editor's Note: Appendix A, Completeness Checklist, is included at the end of this chapter.

G. Certification of complete application.

(1) An application for development shall be complete for purposes of commencing the applicable time period for action by the approving board 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 any of the information indicated on the checklist of items to be submitted which is set forth in Appendix A hereof[4]; and

[4] Editor's Note: Appendix A, Completeness Checklist, is included at the end of this chapter.

(b) The administrative officer has notified the applicant in writing of the deficiencies in the application within 45 days of the date of submission of the application.

(2) The applicant may request, in writing, that one or more of the submission requirements set forth in Appendix A may be waived, in which event the approving board shall grant or deny the request within 45 days of the date of its submission. Such request shall be accompanied by an explanation setting forth the facts and circumstances justifying the granting of the waiver so requested.

(3) Nothing set forth herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The approving board may subsequently require correction of any information found to be in error, and the submission of additional information not specified herein or in Appendix A, or any revision in the documents accompanying the application for development as is reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been satisfied. 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 approving board.

(4) The applicant may appeal the administrative officer's decision concerning completeness of an application to the approving board. The approving board shall have 45 days after receipt of a written appeal to determine if the application is complete. The board shall affirm, modify or reverse the decision of the administrative officer.

H. Notice requirements for hearings. Whenever a hearing is required with respect to an application for development pursuant to Article IV of this chapter, the applicant shall give notice thereof in accordance with the provisions of N.J.S.A. 40:55D-12.

[Amended 11-2-1992 by Ord. No. 42-92[5]]

[5] Editor's Note: Amended at time of adoption of Land Development Codification (see Ch. 1, General Provisions, Art. IV).

I. Decisions.

(1) Each decision on any application for development shall be reduced to writing and shall include findings of fact and conclusions based thereon through a resolution adopted at a meeting held within the time period provided in this chapter for action by the municipal agency on the application for development, or a memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Such resolution shall be adopted by vote of a majority of the members of the municipal agency who voted for the action taken. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above and shall be adopted by vote of a majority of the members of the municipal agency who voted against the motion for approval. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency. However, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings, and publications required by Subsections I(2) and (3) below.

(2) A copy of the decision shall be mailed by the administrative officer within 10 days of the date of decision to the applicant, or if represented, then to his attorney without a separate charge. A copy of this decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by § 250-104 of this chapter for such service. A copy of the decision shall also be filed in the office of the administrative officer, who shall make a copy of such filed decision available to any interested party upon payment of the aforesaid fee. A copy of the decision shall be available for public inspection at the office of the administrative officer during regular municipal business hours.

(3) A brief notice of the decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the applicant and an affidavit of publication shall be filed with the Board; provided, however, that, if the applicant, in the case of the denial of an application for development, fails to so arrange for such publication, then the Secretary of the Board shall arrange for such publication.

J. Payment of taxes. Every application for development submitted to the Planning Board or 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.

K. Waiver of standards. The approving board, when acting upon an application for minor subdivision, preliminary subdivision, or preliminary site plan approval, shall have the power to grant such exceptions from the design standards set forth in Article X as may be reasonable and within the general purpose and intent of the provisions of this chapter if the literal enforcement of one or more of such provisions is impracticable or will exact undue hardship upon the applicant because of peculiar conditions pertaining to the land which is the subject of the application for development.

L. Simultaneous review. The approving board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the approving board or the approving board being required to hold further hearings. The longest time period for action by the approving board, whether it be for subdivision, conditional use, site plan or variance approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing with respect to the application for development shall include reference to the request for such conditional use.[6]

[6] Editor's Note: Original Sec. 4-3M, Posting of notice of development application, which previously followed this subsection, added 12-17-2001 by Ord. No. 52-01 and amended 3-25-2002 by Ord. No. 09-02 and 10-14-2002 by Ord. No. 47-02, was repealed at time of adoption of Land Development Codification (see Ch. 1, General Provisions, Art. IV).

M. A tree removal plan and report shall accompany all applications and shall include the following information needed to evaluate the impact of tree removal upon the proposed development:

[Added 6-27-2006 by Ord. No. 28-2006]

(1) Location on the property of all trees, specifically indicating the following:

(a) The plan shall indicate all tree(s) to be removed, specifically by an assigned number and the caliper of each tree.

(b) The plan shall indicate all tree(s) to remain and proposed replacement trees, specifically by an assigned number.

(2) In lieu of Subsection M(1)(a) and (b) for any clearing greater than three acres, or where determined to be appropriate by the Conservation Officer for any clearing of less than three acres where the property is heavily wooded, a representative 5% sampling of the wooded areas proposed to be cleared shall be inventoried. The representative 5% shall be determined by agreement between the Conservation Officer and the applicant, provided that all specimen trees shall be indicated on the plan.

(3) All reasonable efforts shall be made to preserve specimen trees, including but not limited to, if feasible, relocation of infrastructure, roadways and buildings. Removal of specimen trees shall require the specific written recommendation of the Conservation Officer to the Board and approval of the Township Council.

(4) The plan shall indicate a limit of disturbance line (i.e., where a four-foot-high standard wood snow fence will be erected by the Conservation Officer).

§ 250-14 Conditional uses.

A. An applicant may apply for conditional use approval by filing a complete application therefor, as defined in § 250-13G, with the administrative officer.

B. The approving board shall grant or deny an application for conditional use approval within 95 days of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. All applications for conditional use approval shall require, prior to the approving board acting thereon, the holding of a public hearing with notice thereof as required by § 250-13H of this chapter.

C. The approving board shall grant or deny an application for a conditional use upon its making specific findings that the application satisfies the definite specifications and standards for the conditional use set forth in § 250-41.

§ 250-15 Minor subdivision and minor site plan procedure.

A. The Subdivision and Site Plan Committee shall initially review and take action with respect to a complete application for minor subdivision approval or minor site plan approval. Such action shall be taken at a meeting of said committee without any requirement for a public hearing, or notice thereof.

B. Minor subdivision or minor site plan approval shall be deemed to be final approval of the subdivision or site plan, as the case may be, by the Planning Board; provided that the application for development is unanimously approved with at least a quorum of members of the Subdivision and Minor Site Plan Committee present and voting; said committee shall have classified the sketch plat or site plan as a minor subdivision or minor site plan, respectively, and this action shall be noted on the sketch plat or site plan; and no variances or waivers of design standards shall have been requested or required in order to develop the site in the manner proposed by the applicant. If the committee's vote is not unanimous, or if the proposed development necessitates the granting of a variance or waiver of design standards, the minor subdivision or minor site plan shall be referred to the Planning Board for a public hearing, and the applicant shall give such notices as are otherwise required, pursuant to § 250-13H for an application for preliminary major subdivision or site plan approval. Such referral may be accompanied by the committee's recommendation with respect to the merits of the application for development.

C. Without limiting the general authority of the Subdivision and Site Plan Committee to impose reasonable conditions, approval of a minor subdivision or minor site plan may be conditioned upon terms providing for the installation and maintenance of required on-tract improvements and the guaranty thereof, in the same manner as with respect to final approval of a major subdivision or major site plan.

D. The action of the Subdivision and Site Plan Committee under this section must be taken within 45 days of a complete application, as defined in § 250-13G of this chapter, or within such further time as is agreed to by the applicant and the committee. Failure of the committee to act within the prescribed period shall constitute minor subdivision or minor site plan approval, and a certificate of the administrative officer, as to the failure of the committee to act, shall be issued on request of the applicant, pursuant to N.J.S.A. 40:55D-47.

E. 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 N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision, is filed by the applicant 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 the Secretary of the approving board.

(1) The approving board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for required approvals as determined by the board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

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

F. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which a minor subdivision or a minor site plan approval was granted, shall not be changed for a period of two years after the date of minor subdivision or minor site plan approval. The Planning 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 the other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before what would otherwise be the expiration date, or the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.

G. In cases where an application for minor subdivision or minor site plan approval is combined with, or concerns property adjacent to property subject to a related application for development that is within the jurisdiction of the approving board, the application for minor subdivision or minor site plan approval shall not be acted upon by the Subdivision and Site Plan Committee and shall be referred to the approving board and shall be subject to the hearing and notice requirements otherwise applicable to preliminary subdivision and site plan applications.

§ 250-16 Major subdivision and major site plan procedure.

A. General development plan.

(1) An applicant for approval of a planned development pursuant to § 250-63 and containing at least 100 acres of contiguous property shall have the option of bifurcating its preliminary approval into the following two phases: Phase I — General Development Plan, and Phase II — Preliminary Approval. An applicant may seek and offer to justify variances for density, nonresidential floor area ratio or use as part of its Phase I — General Development Plan application. All other variances and waivers of design standards shall be sought at the time of applying for Phase II — Preliminary Approval.

(2) An applicant requesting Phase I — General Development Plan approval shall submit to the administrative officer the items set forth in Appendix A of this chapter.[1]

[1] Editor's Note: Appendix A, Completeness Checklist, is included at the end of this chapter.

(3) An application for approval of a Phase I — General Development Plan shall require a public hearing and notice in the same manner as otherwise required herein for preliminary major subdivision approval.

(4) The approving board shall, within 95 days or such further time as may be consented to by the applicant, either grant approval of the Phase I — General Development Plan as submitted or with changes and/or conditions, or deny approval.

(5) Phase I — General Development Plan shall confer upon the applicant the following rights for a period of no less than three years, nor greater than 20 years, as determined by the approving board, based upon the standards set forth herein:

(a) The total number and density of residential dwelling units and the general type thereof (e.g., single-family detached dwellings, townhouse dwellings, garden apartments, etc.).

(b) The amount and type of nonresidential uses (i.e., commercial, office, institutional, industrial) and the floor area ratio.

(6) The approving board shall review the following features of the proposed General Development Plan, which shall not vest, but be presumed to be valid at Phase II — Preliminary Approval, subject to engineering and environmental review:

(a) The location of major collector roads, and light, minor and major arterials.

(b) The general location of the different uses and density by land use area.

(7) In making its determination regarding the duration of the effect of the approval of the General Development Plan, the approving board shall consider the following:

(a) The number of dwelling units or amount of nonresidential floor area proposed to be constructed;

(b) Prevailing economic conditions;

(c) The timing schedule proposed to be followed in completing the proposed development and the likelihood of its fulfillment;

(d) The developer's capability of completing the proposed development; and

(e) The contents of the General Development Plan and any conditions which the approving board attaches to the approval thereof.

(8) The planned development shall be developed in accordance with the approved General Development Plan, including without limitation the timing schedule approved as part thereof, notwithstanding any provision of this chapter adopted after the date of such approval.

(a) In the event that the developer seeks to modify the approved timing schedule, it shall obtain the approving board's approval of such modification. The request for such modification shall only be acted upon by the approving board after a hearing with notice as otherwise required for approval of an application for preliminary subdivision approval.

[1] In acting upon a request for modification of the approved timing schedule, the approving board shall consider the following:

[a] Prevailing economic and market conditions;

[b] Anticipated and actual need for dwelling units and nonresidential space within the Township and the region; and

[c] The availability and capacity of public facilities to accommodate the proposed development.

(b) The developer shall be required to obtain the approving board's approval, after a hearing upon the same notice as that required for an application for preliminary major subdivision approval, of any variation in the approved General Development Plan with respect to the location of land uses, a change in the approved density, or a change in the approved floor area ratio of nonresidential development; provided, however, that:

[1] Any such variation which the developer can demonstrate to the satisfaction of the approving board is the direct result of a negative decision or condition of approval imposed by the NJDEP shall be approved by the approving board; and

[2] The developer, in undertaking any section of the PD, may without the prior approval of the approving board reduce the number of dwelling units (other than those required in order to satisfy the affordable housing requirements set forth in Article IX) or the amount of nonresidential floor space by no more than 15% or reduce the density or nonresidential floor area ratio by no more than 15%.

(9) In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the approving board, the municipality shall have cause to terminate the approval in the manner set forth in § 250-89 of this chapter.

(10) In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.

B. Preliminary approval of major subdivisions and major site plans.

(1) Subsequent to the approval of a Phase I — General Development Plan, but prior to the date of its expiration, or initially, if the applicant does not elect, or is not eligible, to seek Phase I — General Development Plan approval, the applicant may apply for preliminary major subdivision or preliminary major site plan approval by filing a complete application therefor, as defined in § 250-13G, with the administrative officer.

(2) Prior to the approving board hearing the application, the Subdivision and Site Plan Committee, if established, shall review the application and shall comment and make recommendations to the approving board.

(3) A complete application for a preliminary major subdivision of 10 or fewer lots, or for a preliminary major site plan of 10 acres of land or less or 10 dwelling units or less, shall be acted upon within 45 days of the date of submission of a complete application, or 120 days if a variance is required, or within such further time as may be consented to by the applicant. A preliminary major subdivision of more than 10 lots, or a preliminary major site plan that involves more than 10 acres of land or more than 10 dwelling units shall be acted upon within 95 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the applicant. In the event that the approving board shall fail to act within the time periods specified herein, the approving board shall be deemed to have granted preliminary major subdivision or preliminary major site plan approval to the applicant.

(4) All applications for preliminary major subdivision and preliminary major site plan approval shall require, prior to the approving board acting thereon, the holding of a public hearing with notice thereof as required by § 250-13H of this chapter. If the approving board, after notice and a hearing, shall determine that the zoning and design standards set forth in this chapter have been satisfied by the proposed development, it shall render its decision granting preliminary approval of the major subdivision or major site plan. Otherwise, it shall render its decision denying preliminary approval. Preliminary approval may be conditioned upon compliance with such requirements as the approving board shall deem necessary to insure compliance with the aforesaid zoning and design standards and all other applicable requirements of this chapter, including, without limitation, the maintenance of open space, the payment of the applicant's pro rata share contribution pursuant to § 250-107, and compliance with the provisions of Article IX regarding the provision of affordable housing. The approving board shall condition such approvals upon the applicant obtaining such other governmental approvals as are otherwise legally necessary to develop the property in question in the manner proposed by the applicant.

(5) If preliminary approval is granted, the Chairman and Secretary of the Planning Board will affix their signatures to the preliminary plat with a notation that it has received preliminary approval, and the plat shall be returned to the applicant for compliance with final approval requirements.

C. Effect of preliminary approval of major subdivisions and major site plans. Preliminary approval of a major subdivision or major site plan shall confer upon the applicant the following rights for a three-year period from the date of the adoption of the resolution memorializing the preliminary approval:

(1) That the general terms and conditions on which preliminary approval was granted shall not be changed, including, without limitation, use requirements; layout and design standards for streets, curbs and sidewalks, lot sizes, yard dimensions, off-tract improvements, and, in the case of a site plan, any requirements peculiar to site plan approval, standards and requirements relating to preservation of existing natural resources on the site, safe and efficient vehicular and pedestrian circulation, parking and loading, screening, landscaping and location of structures, exterior lighting needed for safety reasons in addition to any requirements for streetlighting, conservation of energy and use of renewable energy resources, and recycling of designated recyclable materials. Anything herein to the contrary notwithstanding, nothing herein shall be construed to prevent the Township from enforcing compliance with a standard or requirement adopted by ordinance after the grant of preliminary approval; provided such standard or requirement is related to public health and safety. The approving board shall require the applicant, prior to the granting of final approval, to modify its subdivision or site plan to incorporate the requirements or standards described in the preceding sentence.

(2) That the applicant may submit a complete application for final approval, on or before the expiration date of preliminary approval, with respect to the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; provided, however, that the filing of an application for final approval of a section of a development shall not constitute an extension or tolling of the period of preliminary approval with respect to a section for which the applicant has not filed an application for final approval; and

(3) That the applicant may apply for and the approving board, in its discretion, may grant an extension of such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years; provided, however, that, if the design standards set forth in Article X have been revised by ordinance, such revised standards may govern, in the discretion of the approving board.

(4) In the case of a subdivision or site plan for an area of 50 acres or more, the approving board may grant the rights referred to in Subsections C(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the approving board to be reasonable taking into consideration: the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; the comprehensiveness of the development; the period of approval of and timing schedule approved under a Phase I — General Development Plan, if any. The applicant may apply for and the approving board may, thereafter, grant an extension of preliminary approval for such additional period of time as shall be determined by the approving board to be reasonable taking into consideration: the number of dwelling units and nonresidential floor areas permissible under preliminary approval; the number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; the comprehensiveness of the development; and the period of approval of and timing schedule approval under a Phase I — General Development Plan, if any; provided, however, that if the design standards have been revised since the granting of preliminary approval, such revised standards may govern in the approving board's discretion.

(5) Whenever the approving board grants an extension of preliminary approval pursuant to Subsection C(3) or (4) of this section 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.

(6) The approving 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 what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection C(3) or (4) of this section.

D. Final approval of major subdivisions and major site plans.

(1) After receiving preliminary approval of a major subdivision or major site plan, an applicant, within the period of preliminary approval, may request final approval by the approving board by submitting to the administrative officer the items set forth in Appendix A of this chapter.[2]

(a) The approving board shall grant final approval, if:

[1] The final application for development shall have incorporated into it all changes or modifications required by the approving board at the time of preliminary approval, unless the preliminary application was approved without conditions;

[2] The applicant shall have satisfied, or otherwise made provision to the approving board's satisfaction of, all conditions of preliminary approval;[3]

[3] Editor's Note: Amended at time of adoption of Land Development Codification (see Ch. 1, General Provisions, Art. IV).

[3] The applicant shall have incorporated into the final application for development all changes or modifications required by the approving board prior to approval of the final application for development;

[4] The final application substantially conforms to the preliminary application;

[5] The applicant has posted with the Township the performance guarantees and off-tract pro rata share contributions required by §§ 250-106 and 250-107, respectively of this chapter; and

[6] In the case of a major subdivision, shall comply with the standards prescribed by N.J.S.A. 46:23-9.9 et seq.

(b) All applications for final major site plan and final major subdivision approval shall require, prior to the approving board acting thereon, the holding of a public hearing as required by § 250-13H of this chapter. Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Office, or within such further time as may be consented to by the applicant. Failure of the approving board to act within the period described shall constitute final approval and a certificate of the administrative officer as to the failure of the approving 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 and by the Municipal Construction Official for purposes of the issuance of a construction permit in connection with a site plan. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat by the Chairman and Secretary of the approving board, unless within such time the plat shall have been duly filed.

[Amended 11-2-1992 by Ord. No. 42-92[4]]

[4] Editor's Note: Amended at time of adoption of Land Development Codification (see Ch. 1, General Provisions, Art. IV).

(c) Final approval of a major subdivision shall expire 95 days from the date of signing of the plat by the Chairman and Secretary of the approving board, unless within such time the plat shall have been duly filed by the developer with the county recording officer. The approving 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 board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and that the developer applied promptly for and diligently pursued the required approvals. The signatures of the Chairman and Secretary of the approving board shall not be affixed until the applicant has satisfied those conditions of final approval required by the resolution of the approving board to be satisfied prior to filing the subdivision plat. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.

(d) Whenever the approving board grants an extension of final approval pursuant to Subsection D(1)(a) or (b) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(e) The approving 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 what would otherwise be the expiration date of final approval; or 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 Board from granting an extension pursuant to Subsection D(1)(a) or (b) of this section.

(f) If all conditions of the applicant's final site plan or subdivision approval are not satisfied within 180 days after the date of such approval, the applicant's approval shall lapse; provided, however, that the approving board may, in its discretion, grant reasonable extensions of said time period and shall grant such extensions if the applicant demonstrates to the satisfaction of the approving board that it is unable to satisfy timely such conditions as the direct result of delays beyond its control in obtaining other required governmental approvals.

[2] Editor's Note: Appendix A, Completeness Checklist, is included at the end of this chapter.

E. Effect of final approval of major subdivisions and major site plans.

(1) The zoning requirements applicable to the preliminary approval granted and all other rights conferred upon the applicant pursuant to preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date of adoption of the resolution memorializing the final approval; provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 250-16(C)(4). If the developer has followed the standards prescribed for final approval and, in the case of a subdivision has duly recorded the plat, the approving board may extend such periods of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.

(2) In the case of a subdivision or site plan for planned development of 50 acres or more, 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 approving board may grant the rights referred to in Subsection E(1) of this section for such period of time, longer than two years, as shall be determined by the approving board to be reasonable taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under the final approval;

(b) Economic conditions;

(c) The comprehensiveness of the development; and

(d) The period of approval of and timing schedule approved in connection with the Phase I — General Development Plan, if any. The developer may thereafter apply for and the approving board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the approving board to be reasonable taking into consideration:

[1] The number of dwelling units and nonresidential floor area permissible under the final approval;

[2] The number of dwelling units and nonresidential floor area remaining to be developed;

[3] Economic conditions;

[4] The comprehensiveness of the development; and

[5] The period of approval and timing schedule approved in connection with the Phase I — General Development Plan, if any.

(3) Whenever the approving board grants an extension of final approval pursuant to Subsection E(1) or (2) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(4) The approving 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 what would otherwise be the expiration date of final approval or 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 Board from granting an extension pursuant to Subsection E(1) or (2) of this section.

F. Digitized copy required.

[Added 11-2-1992 by Ord. No. 42-92; amended 12-5-2005 by Ord. No. 37-2005]

(1) As a condition of each approval granted by the Planning Board or Zoning Board of Adjustment, the applicant shall supply a digitized copy of the final approved plans to the Municipal Engineer in a format approved by said Municipal Engineer. The digitized copy shall also contain the name and application number of the subdivision and/or site plan, the name, title and address of the applicant, and the date of the sheet(s) shown on the copy and any revision dates.

(a) Exceptions may be granted by the approving board for circumstances where production of a digitized copy presents an undue hardship. In such case as where the original plans are hand drawn, the approving board at its discretion may require scanned copies in lieu of digitized copies.

(2) The final approved plans shall be submitted to the Township Engineer's Office on a CAD generated data file. The file shall be submitted on a compact disk, formatted for IBM PC's or PC compatibles. The file shall be in one of the following formats: the most current version of AutoCad drawing file (DWG): ESRI shaperfile or Drawing Exchange (DXF) format file drawing interchange file compatible with AutoCad.

§ 250-17 Town Centre Design Zone procedure.

All applications for development in this zone shall conform to and meet the standards and procedures for either subdivision or site plan approval, whichever is applicable.

§ 250-18 Appeals to governing body.

A. Any interested party may appeal to the governing body any final decision of the Zoning Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d and § 250-9G(5) of this chapter. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to N.J.S.A. 40:55D-10i and § 250-13I(3) of this chapter. The appeal to the governing body shall be made by serving the Municipal Clerk in person or by certified mail, with a notice of appeal specifying the grounds thereof, the name and address of the appellant, and the name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Zoning Board of Adjustment.

B. Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to N.J.S.A. 40:55D-10h and § 250-13I(2) of this chapter and the Zoning Board of Adjustment at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to N.J.S.A. 40:55D-10f and § 250-10D(4) of this chapter.

C. The appellant shall, within five days of service of the notice of the appeal pursuant to Subsection A herein, arrange for a transcript pursuant to N.J.S.A. 40:55D-10f and § 250-10D(4) of this chapter for use by the governing body and pay a deposit of $50 or the estimate cost of such transcription, whichever is less; or within 35 days of service of the notice of appeal submit a transcript as otherwise arranged to the Municipal Clerk. If a transcript is on file with the Township Planning Board or Zoning Board of Adjustment, the applicant shall be obligated to pay the standard cost of photocopies only [see § 250-104M(1)]. Otherwise, the appeal may be dismissed for failure to prosecute. The governing body shall conclude a review of the record below no later than 95 days from the date of publication of notice of the decision below pursuant to N.J.S.A. 40:55D-10i and § 250-13I(3) of this chapter unless the appellant consents in writing to an extension of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board.

[Amended 11-2-1992 by Ord. No. 42-92[1]]

[1] Editor's Note: Amended at time of adoption of Land Development Codification (see Ch. 1, General Provisions, Art. IV).

D. The governing body may reverse, remand, or affirm, with or without imposition of conditions, the final decision of the Zoning Board of Adjustment approving a variance pursuant to N.J.S.A. 40:55D-70d.

E. The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, or remand, to the Zoning Board of Adjustment or to impose conditions upon or alter conditions to any final action of the Zoning Board of Adjustment. Otherwise the final action of the Zoning Board of Adjustment shall be determined to be affirmed; a tie vote of the governing body shall constitute affirmance of the Zoning Board of Adjustment.

F. An appeal to the governing body 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 reasons 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.

G. The governing body shall mail a copy of the decision to the appellant or, if represented, 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 municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the administrative officer; however, the applicant may arrange for such publication if he so desires. The governing body may make a reasonable charge for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the appellant.

H. Nothing in this § 250-18 shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.

§ 250-19 Tolling of approval period.

In the event that during the period of effectiveness provided for the approval of any application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or any 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 and welfare, and the developer is otherwise ready, willing and able to proceed with such development, the running of the period of effectiveness of approval under this chapter shall be suspended for the period of time such legal action is pending or such directive or order is in effect.

§ 250-20 Preconstruction conference procedure.

A. Prior to issuance of a construction permit, all applicants for such permits must attend a preconstruction conference with a representative of the Township Engineer, a representative of the Township Planner, and a representative of the Township Construction Official.

B. At the preconstruction conference the parties shall:

(1) Review all conditions of final approval, to determine whether the applicant has satisfied those conditions required by the resolution of the approving board to be satisfied prior to the issuance of a construction permit;

(2) Discuss the staging of development construction; and

(3) Determine whether the applicant has obtained all of the necessary permits.

C. The Construction Official shall utilize the recommendations of the representative of the Township Engineer and the representative of the Township Planner, based upon the above-mentioned criteria, in making a determination as to whether a construction permit shall be issued to the applicant.