The various rules and regulations contained
herein are meant to enable processing of various development applications
in accordance with procedures and objectives as established in Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.).
A.
If the Master Plan or the Official Map provides for
the reservation of designated streets, public drainageways, flood
control basins or public areas within the proposed development, before
approving a subdivision or site plan, the Planning Board may further
require that such streets, ways, basins or areas be shown on the plat
in locations and sizes suitable to their intended uses. The Planning
Board may reserve the location and extent of such streets, ways, basins
or areas shown on the plat for a period of one year after the approval
of the final plat or within such further time as may be agreed to
by the developer. Unless during such period or extension thereof the
Township shall have entered into a contract to purchase or institute
condemnation proceedings according to law for the fee or a lesser
interest in the land comprising such streets, ways, basins or areas,
the developer shall not be bound by such reservations shown on the
plat and may proceed to use such land for private use in accordance
with applicable development regulations. The provisions of this section
shall not apply to the streets and roads, flood control basins or
public drainageways necessitated by the land development and required
for final approval.
B.
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use, provided that such request shall be made to the
Township Council within 10 days of final approval. In such instances,
unless a lesser amount has previously been mutually agreed upon, just
compensation shall be deemed to be the fair market value of an option
to purchase the land reserved for the period of reservation, provided
that determination of such fair market value shall include, but not
be limited to, consideration of the real property taxes apportioned
to the land reserved and prorated for the period of reservation. The
developer shall be compensated for the reasonable increased cost of
legal, engineering or other professional services incurred in connection
with obtaining subdivision or site plan approval caused by the reservation.
Payment for one-year compensation shall be based upon the applicant
requesting of the Township Council no greater than 5% of the current
assessed value of the land so reserved. Requests for greater compensation
shall require referral to the Township Assessor, who shall make a
recommendation to the Mayor.[1]
The Planning 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 Planning Board or the Planning
Board being required to hold further hearings. The longest time period
for action by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the applicant pursuant to this section, notice
of the hearing on the plat or site plan shall include reference to
the request for such conditional use.
[Amended 7-27-1987 by Ord. No. 87-23]
A.
When required. Hearings shall be required as part
of approval for all applications for development.
B.
Maps and documents and exhibits on file. A complete
set of maps, documents and exhibits shall be on file at the office
of the Planning Board at least 10 days prior to the date of the noticed
hearing.
C.
Public notice of application.
[Amended 4-12-1993 by Ord. No. 93-10; 12-23-1996 by Ord. No. 96-24]
(1)
When required. Proof of public notice shall be required
for all applications for development and sign waiver applications.
D.
Transcript of hearings. If an applicant desires a
court reporter, the cost of taking testimony and transcribing it and
providing a copy of the transcript to the Township shall be at the
expense of the applicant, who shall arrange for the reporter's attendance.
A.
Decisions to be in writing and contain findings and
conclusions. Each decision of the Planning Board on any application
for development shall be in writing and shall include findings of
fact and conclusions based thereon.
B.
County Planning Board approval. Whenever review or
approval of any application by the County Planning Board is required,
the Planning Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board or upon County Planning Board approval by default for
failure to report thereon within the required time period.
C.
Developments barred by administrative or judicial
order. In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by a legal action instituted by any state agency, political subdivision
or court of competent jurisdiction to protect the public health and
welfare, the Planning Board shall process such application for development
in accordance with this Part 3, and if such application complies with
the requirements of this Part 3, the Planning Board shall approve
such application conditioned on removal of such legal barrier to development.
D.
Approval by other governmental agencies. In the event
that development proposed by an application for development requires
an approval by a governmental agency other than the Planning Board,
the Planning Board shall, in appropriate instances, condition its
approval upon the subsequent approval of such governmental agency.[1]
[1]
Editor's Note: Original Section 24-3.4.5,
which immediately followed this subsection, was deleted 12-22-1980
by Ord. No. 80-41.
E.
Decisions to be furnished to applicant and others. A copy of each decision shall be mailed by the Planning Board within 10 days after the date of decision to the applicant or, if represented then to the applicant's attorney, without separate charge, and to all others upon request for a fee as noted in Chapter 82, Fees.
F.
Filing in office of administrative officer. A copy of each decision shall also be filed by the Planning Board in the office of the administrative officer, who shall make a copy of the filed decision available to any interested party for a fee as noted in the Chapter 82, Fees, and available for public inspection at the administrative officer's office during reasonable hours.
G.
Publication. A brief notice of each decision shall
be published by the administrative officer, and the Township may make
a reasonable charge for such publication. The applicant, also, may
cause such publication to be made if the applicant so desires. The
time for appeal from the decision shall run from the first publication,
whether made by the administrative officer or the applicant.
H.
Time for decision on applications to Planning Board for preliminary approval of site plans and major subdivisions. Preliminary approval shall be granted or denied on applications to the Planning Board for a site plan of 10 acres or less or for a major subdivision of 10 or fewer lots within 45 days and for a site plan of more than 10 acres or for a major subdivision of more than 10 lots within 95 days, after the date of submission of a complete application to the administrative officer, except as otherwise provided in Subsections J through N of this section.
I.
Time for decision on applications to Planning Board for minor subdivision approval and final approval of site plans and major subdivisions. Final approval of site plans and major subdivisions and approval of minor subdivisions shall be granted or denied on applications to the Planning Board within 45 days after the date of submission of a complete application to the administrative officer, except as otherwise provided in Subsections J through N of this section.
J.
Time for decision when Planning Board reviews conditional
uses or site plans simultaneously with subdivisions. Whenever the
Planning Board reviews conditional uses or site plans simultaneously
with subdivisions, the longer or longest period of time for action
in any such case shall apply to all such cases.
K.
Time for decision when Planning Board reviews applications
for subdivision, site plan or conditional use approval that includes
request for variance. Whenever an application to the Planning Board
for approval of a subdivision plat, site plan or conditional use includes
a request for a variance pursuant to N.J.S.A. 40:55D-60, the Planning
Board shall grant or deny approval of the application within 120 days
after the date of submission of a complete application to the administrative
officer. In the event that the developer elects to submit separate
consecutive applications, the aforesaid provision shall apply to the
application for approval of the variance or direction for issuance
of a permit. The period for granting or denying and subsequent approval
shall be as otherwise provided in this act.
[Amended 8-13-1984 by Ord. No. 84-24]
L.
Time for decision when Planning Board reviews application
for conditional use that includes request for site plan approval.
Whenever the Planning Board reviews an application for conditional
use that includes a request for site plan approval, the Planning Board
shall grant or deny approval of the application within 95 days after
the date of submission of a complete application to the administrative
officer.
M.
Time for decision when Board of Adjustment reviews
subdivision, site plan or conditional use in conjunction with use
variance. Whenever an application is made to the Board of Adjustment
for subdivision, site plan or conditional use approval in conjunction
with the Board's review of a use variance, the Board of Adjustment
shall grant or deny approval of the application within 120 days after
the date of submission of a complete application to the administrative
officer.
N.
Extension of time for decision. Any time period for
action by the Planning Board may be extended with the consent of the
applicant or appellant.
O.
Failure to make decision within time. The failure
of the Planning Board to act within such time period or extension
thereof shall constitute a decision favorable to the applicant or
appellant. A certificate of the administrative officer as to such
failure shall be issued on request of the applicant or appellant,
and it shall be sufficient in lieu of written endorsement or other
evidence of approval required by this Part 3 and shall be accepted
as such by the County Clerk for purposes of filing subdivision plats.
A.
General.
(1)
Planned residential neighborhood (PRN) and planned development applications, upon receipt of favorable findings for a planned development by the Planning Board as stipulated in Part 4, Zoning, of this chapter, shall be reviewed, where applicable, in accordance with the subdivision or site plan procedures and design regulations as they may apply to the application.
(2)
For all planned residential neighborhood and planned
development applications, any bylaws describing the rights and obligations
of homeowners and tenants in the development shall include design
criteria and regulations governing the architectural appearance, materials,
location, typical dimensions and maximum size of structures, finishes
and construction details for accessory decks, patios and fences, where
applicable, and shall be approved by the Planning Board as part of
the development application.
[Added 4-12-1993 by Ord. No. 93-10]
B.
Common open space.
(1)
The final plan for a development containing common
open space shall delineate and dimension such open space and shall
designate the name of the person responsible for the maintenance thereof.
The documents creating responsibility for such maintenance shall be
approved by the Planning Board and filed with the Township Tax Assessor
and the Mercer County Clerk.
(2)
In a planned development to be developed in one phase,
all proposed improvements of the common open space, as indicated on
the approved final plan, including recreational facilities, buildings
and landscaping, shall be completed before more than 25% of the certificates
of occupancy of dwelling units or square feet of nonresidential structures
will be granted by the Township.
(3)
For planned developments staged over time into different
phases, all proposed improvements of the common open space within
a phase of the development as indicated on the approved preliminary
plan shall be at a minimum 80% completed, with performance bonds posted
for the remaining 20% of common open space improvements and at least
25% of the certificates of occupancy of dwelling units or square feet
of nonresidential structures in a phase shall be issued, prior to
the Planning Board granting final approval to a succeeding phase of
development. The Planning Board shall determine the extent of common
open space completion based on a field inspection report prepared
by the Township Engineer indicating percentages of quantities of work
completed as measured against proposed improvements shown on the final
plan of each section.
C.
Obligation of successive owners in planned developments.
(1)
In the event of any conveyance or transfer of any
property within a planned development, the Planning Board shall be
given notice of such intended conveyance or transfer prior to any
actual transference thereof. Such notice shall be accompanied by the
following information:
(a)
A precise description of the interest being
transferred.
(b)
The obligations to be assumed by the transferee.
(c)
A copy of any agreement entered into between
the transferor and the transferee.
(d)
An agreement that the transferee agrees to be
bound by all of the applicable provisions of prior Planning Board
approvals.
(e)
Such other information as may be required by
the Planning Board.
(2)
The Planning Board, following receipt of such notice
and supporting information, shall consider the effect of the proposed
conveyance or transfer on the completion and implementation of any
terms, conditions and obligations imposed pursuant to the approvals
granted by the Planning Board and may require such additional assurances
as it shall deem necessary to protect the public interest and the
integrity of the approved planned development plan.
(3)
The terms, conditions and obligations of any Planning
Board approvals shall be binding on the original developer, their
successors and assigns, provided that no obligation, term or condition
may be assigned without the prior written consent of the Planning
Board.
D.
Additional documentation in support of preliminary and/or final approvals. The Planning Board may require additional documentation and study by the applicant in support of a planned development application for preliminary or final approval. Such documentation may be based on earlier data submitted by the applicant in order to gain favorable findings of approval as required by Part 4, Zoning, of this chapter, updated as appropriate for the development application. The Board may require, but shall not be limited to, one or all of the following:
(1)
In the case of a proposed development which contemplates
construction over a period of years, information indicating that the
terms and conditions intended to protect the interests of the public
and of the residents, occupants and owners of the proposed development
in the total completion of the development are adequate.
(2)
For the particular stage for which approval is sought,
information that indicates the stage is substantially self-functioning
and self-sustaining with regard to access, utility services, parking,
common open space, all amenities and other similar physical features
and shall be capable of occupancy, operation and maintenance upon
completion of construction and development.
(3)
That each stage for which approval is sought is properly
related to every other segment of the planned development and to the
community as a whole and to all necessary community services which
are available or which may be needed to serve the planned development
in the future.
(4)
That adequate protection is provided to ensure the
proper disposition of each stage for which approval is sought through
the use of maintenance and performance guaranties, covenants and other
formal agreements.
(5)
That the applicant demonstrate through a market feasibility
study and other possible study techniques the demand for the principal
proposed uses within each stage for which approval is sought, the
probable rental prices or sales costs for such facilities and other
relevant market data.
(6)
That the applicant provide a cost benefit analysis
or other similar study to review the relative estimated municipal
costs, services and ratables which might be anticipated for the stage
of development for which approval is sought.
(7)
That the applicant provide a circulation study indicating
the effect of the planned development on its surrounding areas, including
estimates of total automotive trips generated, peak hour demand, present
anticipated traffic volumes, existing street capacities and other
elements which may influence and be influenced by the proposed planned
development.
A.
A corporation or partnership applying to the Planning
Board or the Board of Adjustment for permission to subdivide a parcel
of land into six or more lots or for approval of a site to be used
for commercial purposes shall list the names and addresses of all
stockholders or individual partners owning at least 10% of its stock
of any class or at least 10% of the interest in the partnership, as
the case may be.
B.
Disclosure of 10% ownership interest of corporation or partnership which is 10% of applying corporation or partnership. If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the 10% ownership criterion established in this Part 3, have been listed.
D.
Penalty. Any corporation or partnership which conceals
the names of the stockholders owning 10% or more of its stock or of
the individual partners owning a 10% or greater interest in the partnership,
as the case may be, shall be subject to a fine of $1,000 to $10,000,
which shall be recovered in the name of the municipality in any court
of record in the State in a summary manner pursuant to the Penalty
Enforcement Law (N.J.S.A. 2A:58-1 et seq.).
[Added 11-30-1987 by Ord. No. 87-45]
A.
Display of sales map. Except for minor site plan and
minor subdivision, a developer who has obtained final approval shall
maintain a sales office upon the issuance of the first construction
permit and display therein in a prominent fashion the officially approved
preliminary plat and the final plat and in addition thereto a sales
map which may be observed and reviewed by any and all persons calling
at such office.
B.
Basis of sales map. The sales map shall be based upon
the final plat as well as official tax map information at a scale
of not more than 100 feet to the inch. The map shall show the development
plan and all land contiguous thereto for a distance of 2,000 feet
within or without the Township.
C.
Provisions. The sales map shall clearly show and include
for that area within 2,000 feet of the development the following information:
(1)
The location of connector streets to the proposed
street(s) within the development.
(2)
The location of all state, county and municipal roads,
both in existence and/or proposed by any governmental agency having
jurisdiction to establish such roads. If any such roads are evidenced
upon the Township Master Plan or Mercer County Master Plan or State
Transportation Master Plan, the same shall be indicated upon the sales
map.
(3)
The location of all railroads, rights-of-way, airports,
heliports and airport runways, overhead easements for transmission
of power or otherwise, rights-of-way for public utilities and location
of public utility plans.
(4)
The location of all sanitary landfill operations which
are in existence, proposed or which have been closed.
(5)
The location of all existing and proposed in accordance
with the Master Plan schools, parks, playgrounds, open space and public
buildings.
(6)
The location of all streams, ponds, floodplains, stormwater
facilities, greenbelts and watercourses.
D.
Waiver of restrictions with notation. All zoning restrictions
or improvements applicable to the development shall be shown with
notation as to which restrictions have been waived, relaxed or varied
by a Township agency.
E.
Zoning district classification. All contiguous property
to the tract shall have prominently displayed thereon the zoning district
classification, whether such property is within or without the Township,
as well as any Township restrictions on construction of accessory
structures.
F.
Property taxes displayed. There shall be displayed
upon said sales map a reasonable estimate of the amount of property
taxes to be levied upon the proposed property to be sold in the upcoming
year.
G.
Distribution of sales map. Prior to the issuance of a certificate of occupancy by the Township or the conveyance of a lot (improved or unimproved) by the developer, the developer shall file with the Construction Official of the Township an acknowledgment executed by the contract purchasers that states that said purchasers acknowledge receipt of a sales map and a plain-language statement clearly explaining such sales map, which must set forth verbatim the provisions of Subsection C herein at the time of contract between the developer and purchaser(s) as defined in this section.
[Added 10-30-1989 by Ord. No. 89-31]
[Added 12-27-1988 by Ord. No. 88-57]
A.
Conditions precedent. Whenever any application for
development is approved subject to specified conditions, intended
to be fulfilled before the approval becomes effective, said conditional
approval shall lapse and become null and void unless all specified
conditions are fulfilled within 190 days of the date of conditional
approval.
B.
The fulfillment of all conditions precedent shall
be reported, in writing, to the municipal agency, which may cause
such reports to be verified in an appropriate manner. Only upon fulfillment
of all conditions shall any subdivision map or site plan be signed
or any required building permit, occupancy permit or zoning permit
be issued.
C.
Conditions subsequent. Whenever any application for
development is approved subject to conditions which by their terms
are incapable of being fulfilled or are not required to be fulfilled
prior to the final approval of the application, the performance of
which are not guaranteed by bonds or securities of any type, failure
to fulfill any such conditions within six months from the date of
the resolution memorializing final approval of the application for
development shall be grounds for the issuance of a stop-work order
by the enforcing official and the withholding of any zoning permit,
certificate of occupancy or any other approval until such condition
or conditions are fulfilled.
D.
Nothing herein contained shall be construed as preventing
the municipal agency from specifying a longer period of time within
which any specific condition must be fulfilled or from granting, upon
an ex parte application, an extension of time for good cause shown.
E.
The fulfillment of all conditions shall be reported,
in writing, to the municipal agency, which may cause such reports
to be verified in an appropriate manner. Only upon fulfillment of
all conditions shall any subdivision map or site plan be signed or
any required building permit, occupancy permit, zoning permit or other
required approval be issued.
