Conference/Public Meeting Agendas/Documents — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-49 RESERVED. 25-50 RESERVED.APPEALS TO THE TOWNSHIP COUNCIL. 25-50.1 Appeals from the Zoning Board of Adjustment to the Township Council. An appeal from any final decision of the Zoning Board of Adjustment granting any variance allowable by the provisions of N.J.S.A. 50:55D-70d may be taken by an interested party to the Township Council, pursuant to the provisions of N.J.S.A. 40:55D-17, provided that such appeal shall be made within ten (10) days of the date of publication of such final decision of the Zoning Board of Adjustment. The Township Council may reverse, remand or affirm, with or without the imposition of conditions, the final decision of the Board of Adjustment. The review shall be de novo on the record made before the Zoning Board of Adjustment. (Ord. No. 904-88 § 25-8.5A; Ord. No. 1228-93) 25-50.2 Appeals to the Township Council. An appeal from any final decision of the Zoning Board of Adjustment granting any variance allowable by the provisions of N.J.S.A. 40:55D-70d may be taken by any interested party to the Township Council, pursuant to the provisions of N.J.S.A. 40:55D-17, provided that such appeal shall be made within ten (10) days of the date of publication of such final decision of the Zoning Board of Adjustment. The Township Council may reverse, remand or affirm, with or without the imposition of conditions, the final decision of the Zoning Board of Adjustment. The review shall be de novo on the record made before the Zoning Board of Adjustment. (Ord. No. 904-88 § 25-8.5B; Ord. No. 1228-93) Comment [PG98]: not required by state law and can inject politics into land use decisions 25-51 APPLICATION PROCEDURES. All applications for development shall adhere to the following requirements contained in subsection 25-51.1 through 25-51.13 are also contained in abbreviated form in a series of checklists available from the Department of Planning and Development. These checklists shall be considered as a guide to assist applicants in the preparation of their submissions and are not intended to be all- inclusive or

om the Department of Planning and Development. These checklists shall be considered as a guide to assist applicants in the preparation of their submissions and are not intended to be all- inclusive or exhaustive. (Ord. No. 904-88 § 25-8.6) 25-51.1 Time Requirements. An application for development shall be completed for the purposes of commencing the applicable time period for action by either boardthe Planning Board or Zoning Board of Adjustment when so certified by the Planning Director. The application shall also be deemed complete upon the expiration of forty-five (45) days from the date of submission for purposes of commencing the applicable time period unless: a. The application lacks information indicated on the checklists required by this chapter. b. The Planning Director has notified the applicant, in writing, of the deficiencies in the application within forty-five (45) days of submission of the application. In determining the deficiencies the Planning Director shall take into consideration those requirements that are not applicable. The applicant may request that one (1) or more of the submission requirements be waived, in which event the Planning Director shall grant or deny the request within forty-five (45) days, or defer the decision to the applicable board. Upon receipt of the notification from the Planning Director regarding the application deficiencies, the applicant 227

DRAFT PROPOSED REVISIONS – OCTOBER 2011 may request waivers from the applicable Board for all or part of the deficiencies listed in the Planning Director's written notice. The Board shall hear and decide the waiver requests at the hearing on the applicationnext available regularly scheduled Board meeting at which the applicant may be scheduled. If the Board grants the waivers, the application shall be considered complete as of the date of the Board's decision regarding the waiver requests. If the Board denies all or part of the waivers the application shall be considered complete when the applicant has submitted all of the information and material related to the denied waiver requests. Until that data has been submitted, the application shall be considered incomplete. Comment [PG99]: streamlined application The Board, in determining whether a waiver should be granted, shall consider the following: procedures 1. The size of the project; 2. The reasonableness of the request; 3. The relevancy of the subject data; 4. The cost of providing the data; 5. The availability of the data; 6. Recommendations of the municipal staff, Environmental Commission and Main Street Development CorpDowntown West Orange. In no case shall a waiver be granted, if to do so will deprive the Board of the ability to make an informed, reasoned and defendable decision that will be in the best interests of the Township. All waivers shall require a majority vote of at least two-thirds (2/3) of the authorized membership of the applicable Board. If two-thirds (2/3) of the authorized membership is not present, the waivers shall be considered denied unless the applicant agrees to a time waiver. All such votes shall be roll call votes and shall be recorded in the minutes of Comment [PG100]: streamlined application the applicable Board. procedures Nothing herein shall be constructed as diminishing the applicant's obligation to prove in the application process that he/she is entitled to approval of the application. Either Board may subsequently require correction of any information found to be in error and submission of

application process that he/she is entitled to approval of the application. Either Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by either Board. (Ord. No. 904-88 § 25-8.6A) 25-51.2 Administrative Requirements. All applications for development shall meet the following administrative requirements. a. Properly completed application forms (one (1) original and nineteen (19) copies - twenty (20) in total copies). b. Plans, maps and construction details as required (See appropriate checklist) (one (1) original and nineteen (19) copies - twenty (20) in totalcopies) c. Fees and escrow deposits paid (See Section 25-55). d. Payment of taxes, liens and assessments. e. Site inspection authorization form. f. Compliance with legal notice requirements. g. Corporation or partnership form. h. Affidavit of ownership/authorization form. 228

DRAFT PROPOSED REVISIONS – OCTOBER 2011 i. Copies of approvals of other government/agencies as may be required or an affidavit indicating that application has been made to such agencies. j. A listing of all variance requests, waiver requests of miscellaneous design standards and checklist waiver requests. k. If the site is located within a community or development in which any bona fide board or association exists, the written proof that the board or association has received notice of the application for development is required. l. All plans and legal documents for compliance with all West Orange COAH Ordinances included in Chapter XXV, Section 25-18 must be submitted to the Township. (Ord. No. 904-88 § 25-8.6B; Ord. No. 1936-04 § II; Ord. No. 2036-05 § II) 25-51.3 Minor Subdivision Requirements. A complete application for a minor subdivision shall include all applicable administrative requirements as delineated in subsection 25-51.2, any data that cannot be mapped, attached to the application form and the following information on one (1) or more maps: a. The entire tract including the proposed lots to be created as well as the remainder of the subject property, drawn at a scale of not less than one (1) inch equals one hundred (100) feet. The boundary data shall be based on the most accurate information that is reasonably available such as tax map data, deeds or surveys. b. The zoning district in which the subject property is located as well as all zoning district boundaries within two hundred (200) feet. c. Key Map showing a sufficient number of natural and man-made features so that the subject property can be located in the field. d. Tax Map Sheet Number(s) and filed map data, if applicable. e. Existing and proposed block and lot numbers. (Proposed numbers). (Proposed numbers should be verified by tax assessor). f. Zoning district dimension, setback and area requirements and the relationship of the subject proposal to those requirements. g. Bearing and distance data for all existing and proposed lot lines as well as any lines to be deleted. h. North arrow, signature block, graphic scale, title block, name of individual preparing the map together with the individual's raised seal and signature. i. Date of map preparation

eted. h. North arrow, signature block, graphic scale, title block, name of individual preparing the map together with the individual's raised seal and signature. i. Date of map preparation and any revision dates. j. Sewage disposal information for all proposed lots including the remainder of the tract. k. The name of the owner of the subject property and all property owners within two hundred (200) feet. l. All existing structures and wooded areas within the subject property as well as within two hundred (200) feet of same. m. All roadways within five hundred (500) feet of the subject property showing the right-of-way limits as well as approximate pavement locations. n. All waterways within five hundred (500) feet of the subject property showing the location, size and direction of flow. o. The location of all easements, within the subject property and within one hundred (100) feet of same. 229

DRAFT PROPOSED REVISIONS – OCTOBER 2011 p. Four (4) copies of a map, referred to as a "Run Card", depicting the location of all fire hydrants within the subject property, and depicting the surrounding streets, based on a scale of one (1) inch equaling four hundred (400) feet, and contained on an eight and one-half by eleven (8.5 x 11) inch paper within an area not to exceed seven and one-half (7.5) inches in width and eight (8) inches in height. (Ord. No. 904-88 § 25-8.6C; Ord. No. 1723-00 § 1) 25-51.4 Major Subdivision Requirements - Preliminary Stage. a. No preliminary Subdivision Application shall be considered complete unless it fully conforms to subsection 25-8.6b of this section. All plats containing proposals or designs for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of the professional engineer. The preliminary plat shall be drawn at a scale not less than one hundred (100) feet to the inch for subdivision up to one hundred (100) acres in size and not less than two hundred (200) feet to the inch for subdivisions over one hundred (100) acres in size, shall be drawn on standard sheet of twenty-four (24) inches by thirty-six (36) inches and shall show or be accompanied by the information specified below. b. Title Block. The title block shall appear on all sheets and include the following: 1. Title of plan. 2. Name, if any. 3. Tax Map sheet block and lot number(s) of the tract to be subdivided as shown on the latest Township Map. 4. Acreage of tract to be subdivided to the nearest hundredth of an acre. 5. Date of original and all revisions. 6. Names and addresses of owner and subdivider so designated. 7. Name(s), signature(s), address(es) and license number(s) of the engineer and land surveyor who prepared the map. The plat shall bear the embossed seal of the engineer and land surveyor. c. Detailed Information. 1. A key map at a scale of not less than one (1) inch equals one thousand (1,000) feet showing the location of the tract to be subdivided with reference to surrounding areas,

1. A key map at a scale of not less than one (1) inch equals one thousand (1,000) feet showing the location of the tract to be subdivided with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any Township boundary is within five hundred (500) feet of the subdivision. 2. Names of all owners of parcels and property lines of parcels within two hundred (200) feet of the land to be subdivided including properties across the street as shown by the most recent records of the Township or of the municipality of which the property is a part. 3. The preliminary plat shall be based on a current certified boundary survey, with sufficient lines of the adjoining tracts surveyed to establish any overlay or gap between the adjoining boundary lines and boundary lines of the tract in question. Date of the survey and the name of the person mailing same shall be shown on the map. 4. Existing two (2) foot interval contours based on the United States Coast Geodetic Survey data shall be shown extending a minimum of one hundred (100) feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that where the slopes exceed ten (10%) 230

DRAFT PROPOSED REVISIONS – OCTOBER 2011 percent, a five (5) foot interval is permissible. The source of elevation datum base shall be noted if contours have been established by aerial photography. 5. All existing streets, watercourses, floodplains, floodways and flood areas within the proposed subdivision and within two hundred (200) feet of the boundaries thereof, both the width of the paving and the width of the right-of-way of each street, existing public easements and Township borders within two hundred (200) feet of all of the subdivisions. 6. All existing structures within the proposed subdivision and within two hundred (200) feet thereof and an indication of those where are to be destroyed or removed and the front, rear and side yard dimensions of those that remain. 7. The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs and ponds, within the proposed subdivision and within two hundred (200) feet thereof. 8. The layout of the proposed subdivision drawn in compliance with the provisions of this chapter. 9. All proposed public easements or rights-of-way and the purpose thereof and proposed streets and sidewalks within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width. 10. The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage. 11. The acreage of the drainage area or areas of each natural or manmade watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision. 12. All proposed lot lines and the areas of all lots in square feet. 13. North arrow and basis therefor and written and graphic scales. 14. A copy of any existing or proposed covenants or deed restrictions applying to the land being subdivided, or certification that none exists. 15. Preliminary utility layouts showing methods of connection and sources of service plus the location of pumping stations. 16. The proposed location and area in acres or square feet of all required or proposed open space areas. 17. The preliminary plat shall show on the property to be subdivided and within two hundred (200)

oposed location and area in acres or square feet of all required or proposed open space areas. 17. The preliminary plat shall show on the property to be subdivided and within two hundred (200) feet of that property all existing paper streets, dirt roads, paved streets, curbs, manholes, sewer lines, water and gas lines, utility poles, pipes, fire hydrants, ponds, swamps and all other topographical features of a physical or engineering nature. 18. Preliminary on-site grading and drainage plan. (a) The preliminary plat shall show or be accompanied by a grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention basins, recharge basins, the scheme of surface drainage and other items pertinent to drainage, including the approximate proposed grading contours at two (2) foot intervals, except that for slopes exceeding ten (10%) percent, a five (5) foot interval is permissible. (b) The plan shall outline the appropriate area contributing to each inlet. (c) All proposed drainage shall be shown with pipe type and sizes, invert elevations, grades and direction of flow. The direction of flow of all watercourses shall be shown. 231