Public Township Council Meeting — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-51.8 Conditional Use Requirements. No conditional use application shall be considered complete unless it fully conforms with subsections 25-51.2 and 25-51.6 as well as the following requirements: a. A notation indicating the section of this chapter that allows the conditional use as proposed. b. A listing of the conditional use standards that apply to the subject proposal. c. A list of identical or similar uses within the Township or close proximity to it. d. A graphic and/or written description of the area surrounding the subject property. (Ord. No. 904-88 § 25-8.6H) 25-51.9 "C" Variance Requirements. No "c" or bulk variance application shall be considered complete unless it fully conforms with subsection 25-51.2 as well as the following requirements: a. A map, either in conformance with subsections 25-51.3, 25-51.4, 25-51.5 and 25-51.6 or if the application is to be bifurcated, a separate map, signed and sealed by an architect, engineer, planner or surveyor which provides sufficient data (i.e., setbacks, lot area, existing and proposed structures, etc.) upon which a decision can be based. b. A graphic and/or written description of the area surrounding the subject property. c. A description of the alternatives that were considered. d. A statement or legal brief which clarifies why the "c" variance should be granted and the specific hardship involved. Particular attention should be paid to the contents of N.J.S.A. 40:55D-70c, applicable case law and relevant Township Ordinances and N.J. Statutes. (Ord. No. 904-88 § 25-8.6I) 25-51.10 "D" Variance Requirements. No "d" or use variance application shall be considered complete unless it fully conforms with subsection 25-51.2 as well as the following requirements: a. A map, either in conformance with subsection 25-51.3, 25-51.4, 25-51.5 or 25-51.6 or if the application is to be bifurcated, a separate map, signed and sealed by an architect, engineer, planner or surveyor which provides sufficient data (i.e. setbacks, lot area, existing and proposed structures, etc.) upon which a decision can be based. b. A graphic and/or written description of the area surrounding the subject property. c. A description of the alternatives that were considered. d. A statement or legal

decision can be based. b. A graphic and/or written description of the area surrounding the subject property. c. A description of the alternatives that were considered. d. A statement or legal brief which clarifies why the "d" variance should be granted and the "specific special reasons" or hardship that pertain to the subject proposal. Particular attention should be paid to the contents of N.J.S.A. 40:55D-70d, applicable case law and relevant Township Ordinances and N.J. Statutes. c. A planning report prepared by a licensed Professional Planner and a traffic report prepared by a licensed Professional Engineer. The Board may waive the provision of such reports at its discretion. (Ord. No. 904-88 § 25-8.6J) 236

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-51.11 Appeal and Interpretation Requirements. No request made for an appeal or interpretations under the provisions of this chapter shall be considered complete until it complies with subsection 25-51.2 as well as the following requirements: a. A map prepared by the applicant or a professional architect, engineer, planner or surveyor which clarifies, in sufficient detail, the nature of the appeal or interpretation. b. Any documentation, form(s) or correspondence which explains the nature of the appeal or interpretation. c. A graphic or written description of the area surrounding the subject property. d. A statement or legal brief which clarifies the position of the applicant. (Ord. No. 904-88 § 25-8.6K) 25-51.12 Conceptual Stage Requirements. No conceptual stage application shall be considered complete unless it fully conforms with subsection 25-51.2 as well as the following requirements: a. A map, signed and sealed by a professional architect, engineer, planner or surveyor which contains the following: 1. Limits of the property involved and the scope of the subject proposal. 2. North arrow, scale, key map and title block. 3. General indication of the topographic conditions and any other environmental constraints. 4. Zoning district requirements. b. A statement describing the proposed project, its scope, size value as to the community and other pertinent details. c. A graphic or written description of the area surrounding the subject property. d. A description of other alternatives that have been considered or might be available. e. A listing of anticipated variance and waiver requests connected with the proposal. (Ord. No. 904-88 § 25-8.6L) 25-51.13 Filing Procedures. All applications for development which are within the jurisdiction of the Planning or Zoning Board, as conferred by N.J.S.A. 40:55-1 et seq., and this chapter, shall be filed with the applicable board secretary. The applicant shall obtain all necessary forms from the Secretary of the Planning Board or Zoning Board. Applicants shall file at least that number of copies of the application and submit the required fees as prescribed by the rules and regulations of the applicable board. Applicants shall file all other plans,

nts shall file at least that number of copies of the application and submit the required fees as prescribed by the rules and regulations of the applicable board. Applicants shall file all other plans, maps, sketches or other documents as prescribed by the rules and regulations of the applicable board. Additionally, for any application involving any property located in the Central Business District (CBD) Main Street/Valley Road Corridor Zoning overlay indicated on the Official Zoning Map of the Township, the Planning or Zoning Board Secretary shall distribute a copy of such application, along with all drawings and exhibits, to the Special Improvement District (SID) Manager at the time of all regular distributions. All applications shall be filed at least three (3) weeks before the meeting at which the applicant wishes to be heard. (Ord. No. 904-88 § 25-8.6M; Ord. No. 1820-02 § 2) 237

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-51.14 Environmental Commission Review. Whenever the Environmental Commission shall have prepared and filed with the Planning Board an index of the natural resources of the Township, the Planning or Zoning Board shall make available to the environmental commission an informational copy of every application for development received by the Planning Board or Zoning Board. Failure of the Board to provide such copy shall not constitute grounds for invalidating any hearing or decision. (Ord. No. 904-88 § 25- 8.6N) 25-51.15 Technical Advisory Committee. a. Establishment. There is hereby established a Technical Advisory Committee to assist the Planning Board, the Zoning Board of Adjustment and applicants. This Committee shall be comprised of: 1. Director of Planning 2. Township Engineer 3. Director of the Fire Department 4. A Class IV member of the Planning Board who shall hold no other municipal office, appointed by the Planning Board Chairman. b. Initial Review. All applications for development submitted to the Secretary of the Planning Board or the Secretary of the Zoning Board of Adjustment shall be forthwith reviewed by the Director of Planning. Within seven (7) days of the receipt of any application for development, the Director of Planning shall either issue a certificate that such application is complete or issue a statement of the missing items. The respective Board Secretary shall forthwith transmit either the certificate or the statement to the applicant forthwith. c. Committee Review. The Technical Advisory Committee shall review all applications where any proposed renovations to the existing commercial and/or retail space exceed twenty-five one hundred thousand ($25100,000.00) dollars in cost; or a change in the existing permitted use is proposed. If the applicant agrees with the conditions and revisions recommended by the Technical Advisory Committee, then the full Planning Board or Zoning Board of Adjustment without a full hearing may vote in favor of the application and a memorializing Resolution with these recommendations. The Technical Advisory Committee shall also review every complete application for development. The applicant shall be notified, in writing not

Resolution with these recommendations. The Technical Advisory Committee shall also review every complete application for development. The applicant shall be notified, in writing not less than seven (7) days nor more than fourteen (14) days before, of the date on which the application shall be reviewed by the committee. The applicant shall be invited to attend, either alone or accompanied by an attorney, architect, engineer and any other experts the applicant chooses. The Committee shall issue its recommendations on every application, in writing. These recommendations shall be filed with the secretary of the proper board and a copy shall be mailed to the applicant. If the applicant does not agree with the conditions recommended by the Technical Advisory Committee, the Planning Board or Zoning Board of Adjustment shall hear the application as it would any other application. d. Time for Decisions. Referral of an application to the Technical Advisory Committee shall not extend the time in which the Planning Board or Board of Adjustment may act upon such application. (Ord. No. 904-88 § 25-8.6O; New; Ord. No. 2100-06 § II) 238

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-51.16 Informational Signs. All development proposals seeking a use variance, a major subdivision or major site plan approval or more than three (3) bulk variances, except existing single family homes, shall have an informational sign posted on the property according to the following regulations: a. A sign giving notice of such proposals shall be posted on the affected property within fourteen (14) days of the application being deemed complete and shall remain posted until all hearings on the proposed development are concluded. b. All signs required under this subsection shall be removed within ten (10) days of the decision by the Planning Board or Zoning Board on the application for approval of the proposed development. A fine of twenty-five ($25.00) dollars per day shall be assessed for each day the sign remains posted in excess of ten (10) days after the decision by the Planning Board or Zoning Board. c. The Planning Board or Zoning Board shall determine if the sign has been removed before memorialization of the resolution. If the sign is not removed, the Township Planner shall make arrangements for the removal of the sign and the applicant shall be charged for removal, in addition to any fines. d. Signs giving notice of proposed development shall be obtained from the Township and shall contain the following: the Township logo, a brief description of the proposed use, the total area of the development parcel, the name of the developer and the date, time and location of the first scheduled public meeting and the telephone number of the Planning Department to be called for further information. e. All signs shall be two feet six inches by three feet six inches (2'-6" x 3'-6"). The material and colors of the sign are to be determined by the Township Planner. The location of the sign on the property shall also be determined by the Township Planner. Installation of the sign and the cost thereof shall be the sole responsibility of the applicant. f. The applicant and/or property owner shall assume all liability for the sign while on the property which is the subject of proposed development and shall execute a contract with the Township agreeing to such. g. If placement of such sign on the

lity for the sign while on the property which is the subject of proposed development and shall execute a contract with the Township agreeing to such. g. If placement of such sign on the subject property would interfere with the public health, safety or welfare, the Township Planner may issue a written waiver of the provisions of these requirements. A copy of this waiver must be kept on file in the Department of Planning and Development. (Ord. No. 1523-98 § 1) Comment [PG102]: requirements not permitted 25-52 - 25-54 RESERVED. 25-55 ESCROW DEPOSITS FOR APPLICATIONS. The Planning Board and/or Zoning Board of Adjustment shall require fees and escrow deposits in accordance with the provisions of this chapter. Such funds shall be utilized to pay the cost of professional fees, including for engineering, legal, planning and/or traffic experts, and certified shorthand reporting fees incurred for review of and/or testimony concerning an application for development submitted by an applicant. (Ord. No. 904-88 § 25-87) 239

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-55.1 Escrow Schedule. a. Subject to the provisions of paragraph b. hereof, each applicant shall prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law, submit the following sum(s) to be held in escrow in accordance with the provisions hereof: 1. Residential and Nonresidential Dwelling Units or Lots 3–25 $ 3,000.00 26–100 3,500.00 101–500 5,500.00 501–1000 8,000.00 1000 + 10,000.00 2. Commercial/Industrial 1,250–2,500 square feet total gross floor $1,500.00 area 2,501–20,000 square feet total gross floor 2,500.00 area 20,000–50,000 square feet total gross floor 5,500.00 area Over 50,000 square feet total gross floor $.05 each area additional square feet 3. Preparation of Resolution of Approval or Denial: up to $750. When deemed necessary the Planning/Zoning Board may require an escrow for minor development matters. b. Within thirty (30) days after the filing of an application for development the Planning Board and/or Zoning Board of Adjustment as the case may be, shall, in conjunction with appropriate representative of the staff of the Township, review the application for development to determine whether the escrow amount set forth in paragraph a. above is adequate. In conducting such review the Board shall consider the following criteria. 1. The presence or absence of public water and/or sewer servicing the site. 2. Environmental considerations, including but not limited to geological, hydrological and ecological factors. 3. Traffic impact of the proposed development. 4. Impact of the proposed development on existing aquifer and/or water quality. Upon completion of the review and within the thirty (30) day period the Board shall adopt a Resolution specifying whether the escrow amount specified in paragraph a. is sufficient, excessive or insufficient. In the event the Board shall determine that the amount is excessive it shall in the

n specifying whether the escrow amount specified in paragraph a. is sufficient, excessive or insufficient. In the event the Board shall determine that the amount is excessive it shall in the Resolution specify the amount that shall be deemed sufficient. In the event the Board shall determine the amount specified in paragraph a. is insufficient it shall so specify and shall further set forth the amount required to be posted in light of the criteria specified herein. c. This paragraph adopts and creates a payment schedule for consultants and/or employees for special Planning Board or Zoning Board meetings paid out of escrow funds paid by the applicant who is heard at said special Planning or Zoning Board Meeting. The schedule is as follows: 1. Schedule. 240