[Amended 4-10-1989 by Ord. No. 7-1989; 3-25-2002 by Ord. No. 12-2002]
A. Preliminary review.
(1) Preliminary development plats, plans, applications and required attachments shall be submitted where the applicant proposes a development that meets the definitional requirements of a major subdivision and planned development.
(2) The applicant shall submit to the Board Secretary the following items:
(a) Twelve copies of the preliminary plat proposed development prepared in accordance with § 175-67 of this chapter.
(b) Three copies of both the completed town and county application forms.
(c) Three copies of any protective covenants or deed restrictions applying or to be applied to the subject land.
(e) A certificate of filing issued by the Pinelands Commission as per N.J.A.C. 7:50-4.33 through 4.35; a certificate of appropriateness; and a cultural resource survey.
(f) A certification by the Tax Collector's office that no taxes or assessments for local improvements are due or delinquent on the subject property.
(g) If applicable, certification of corporation or partnership involvement as per § 175-42B of this chapter.
(i) Any additional documents as may be requested on the applicable application form.
(3) The Board Secretary shall, immediately upon receipt, note the date of receipt, mark the documents "filed" and assign a file number. Once a file number has been assigned, such number must be placed by the applicant on all papers, maps, plats and other documents submitted.
(4) The Board Secretary shall immediately forward one copy of all items submitted by the applicant to the Board Engineer and attorney and the County Planning Board.
(5) The Board Engineer shall first review the items received to report to the Board as to the completeness of the application. Said Engineer may also review said items as to all phases of the application for development.
(6) The Board Engineer shall, as quickly as possible, report his findings, in writing, to the Board. Said report shall be available to the Board for its use in determining the completeness of the application.
(7) The Board shall formally determine the completeness of the submitted application and notify the applicant within 45 days of the date of its submission, or it shall be deemed to be properly submitted. If the application for development is found to be incomplete, the applicant shall be notified in writing of the deficiencies within the above period. After the correction of the deficiencies, the applicant may resubmit all required and correct items.
(8) Upon a determination of completeness of an application, notice shall be given by the Board to the Pinelands Commission in accordance with § 175-60D(1).
(9) During the period required by the Board to review the proposal of the applicant, the Board shall hold a hearing upon public notice. Said hearing may, in the discretion of the Board, be held prior to or after the Board determines the application to be complete.
(a) The Board shall set the date, time and place of the hearing and shall advise the applicant.
(c) The applicant shall, prior to the hearing, comply with all other requirements for a hearing requiring public notice, including but not limited to:
[1] Public inspection of documents as per § 175-36C of this chapter.
[2] Filing of affidavit of proof of service and proof of publication as per § 175-38E(7) of this chapter.
(d) All persons having an interest in the proposed development shall be given an opportunity to be heard at the hearing.
(10) Notice of any hearing, public meeting or other formal proceeding at which the Board will consider an application for development shall be given by the Board to the Pinelands Commission, in writing, not less than five days prior to such meeting, hearing or proceeding; said notice shall be in accordance with § 175-60D(2).
(11) If the Board requires any substantial amendment in the layout of improvements proposed by the applicant that have been the subject of a hearing, an amended application shall be submitted and acted upon as would be done in the case of the original application.
(12) The Board shall act upon the application upon being satisfied that it has sufficiently reviewed the application, that its professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present its request to the Board and that the interests of other interested persons have been considered.
(a) The Board shall also be certain that the proposed development complies with this chapter, the Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.), the Pinelands Comprehensive Management Plan and all other applicable statutes, regulations or ordinances.
(b) In the case of a major subdivision where the remaining portion of the original tract is of sufficient size to be subdivided further, the subdivider may be required to submit a concept plat of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision, together with subsequent subdivisions, may be submitted that will not create, impose or aggravate or lead to any such adverse effect.
(c) The Board shall not act upon the application until it has determined the application complete.
(13) In the case of a planned development, the Planning Board shall find the following facts and conclusions prior to approval:
(a) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards.
(b) That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.
(c) That provision for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(d) That the proposed planned development will not have a significant adverse impact upon the area in which it is proposed to be established.
(e) In the case of a proposed development which contemplates construction over a period of years, 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.
(14) Action by Board.
(a) The Board shall grant or deny preliminary approval of:
[1] A subdivision of 10 or fewer lots within 45 days of the date a complete application was determined to have been submitted or within such further time as may be consented to by the applicant; or
[2] A subdivision of more than 10 lots within 95 days of the date a complete application was determined to have been submitted or within such further time as may be consented to by the applicant.
(b) Upon failure of the Board to act within the aforementioned time periods, the Board shall be deemed to have granted preliminary approval to the subdivision.
(15) Such preliminary approval shall not take effect until the requirements of § 175-60 of this article have been satisfied.
(16) Notwithstanding the provisions of this section, where any approval results from the failure of the Board to act within the prescribed period, the applicant shall provide notice to the Pinelands Commission, and the permit shall not become effective until the requirements of § 175-60 of this article have been satisfied.
(17) Whenever review or approval of the application by the Atlantic County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Atlantic County Planning Board or approval by the Atlantic County Planning Board by its failure to report thereon within the required time period.
(18) The effect of preliminary approval shall be as set forth in Article XI of this chapter.
(20) Upon the granting of approval by the Board, copies of the approved documents shall be sent to the:
(a) Applicant.
(b) Planning Board file.
(c) Board Engineer.
(d) Construction Code Official.
(e) Town Clerk.
(f) Tax Assessor.
(g) County Board of Health.
(h) Pinelands Commission.
(i) Environmental Commission.
(21) The applicant shall submit a Traffic Impact Study for any major subdivision or planned development over 25 dwelling units. The Board may require, at its sole discretion, a Traffic Impact Study for any major subdivision or planned development consisting of 25 or fewer dwelling units.
[Added 11-28-2011 by Ord. No. 23-2011]
B. Final review.
(1) Final plats, plans, applications and required attachments shall be submitted for major subdivisions and planned developments where the application proposes a subdivision that meets the definitional requirements of a major subdivision and prior to the expiration of preliminary approval of the subject land. The applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary development plat.
(2) The applicant shall submit to the Board Secretary the following items:
(a) Thirteen copies of the final plat of the proposed major subdivision and planned development, prepared in accordance with § 175-68 of Article IX, Plat Detail and Data, of this chapter.
(b) Three copies of the completed town and county application forms.
(c) Three copies of the protective covenants or deed restrictions applying to the subject land as included in preliminary approval.
(e) Two translucent tracing cloth copies and one original reproducible copy of the proposed major subdivision.
(f) A copy of either:
[1] Notification from the Pinelands Commission that review of the local agency's preliminary approval is not required; or
[2] Notification from the Pinelands Commission that it has completed its review of the Board's preliminary approval pursuant to § 175-60; and the final order regarding the preliminary approval and review by the Pinelands Commission.
(g) A certification by the Tax Collector's office that no taxes or assessments for local improvements are due or delinquent on the subject property.
(h) If applicable, certification of corporation or partnership involvement as per § 175-42B of this chapter.
(i) All changes or modifications required by the Planning Board in the approval of the preliminary plat.
(j) Letters directed to the Chairman of the Board and signed by a responsible official of the Sewer Department, 18 Board of Water Commissioners and any other utility company or governmental authority or district which provides accessory utility service and has jurisdiction in the area approving each proposed utility installation design. The letter will state who will construct the facility and that the service will be available prior to occupancy.
(k) A map showing all improvements required by the preliminary approval and showing what improvements, if any, have been installed. The plan shall show all improvements in their exact location and elevation.
(l) Certifications.
[1] Certification must be provided by a licensed engineer that all improvements required by this chapter have been installed; and/or
[2] Certification by the applicant that he has posted guaranties for the purposes of assuring the installation and maintenance of on-tract improvements as required by Article X of this chapter and N.J.S.A. 40:55D-53; this certification shall be accompanied by copies of the required guaranty papers.
(m) Where improvements have been installed prior to the application, there shall be a statement from the Board Engineer that all improvements installed prior to application have been inspected as provided in Article X of this chapter and that such improvements meet the requirements of the town. Any improvements installed prior to application for final plat approval that do not meet or exceed town standards shall be factored into the required performance guaranty.
(n) Any additional documents as may be requested on the applicable application form.
(3) The Board Secretary shall, immediately upon receipt, note the date of receipt, mark the documents "filed" and assign a file number. Once a file number has been assigned, such number must be placed by the applicant on all papers, maps, plats and other documents submitted.
(4) The Board Secretary shall immediately forward one copy of all items submitted by the applicant to the Board Engineer and to the County Planning Board.
(5) The Board Engineer shall first review the items received in order to report to the Board as to the completeness of the application. Said Engineer may also review said items as to other phases of the application for development.
(6) The Board Engineer shall expeditiously report his findings, in writing, to the Board.
(7) Upon receipt of the Board Engineer's report, the Board shall first determine whether a complete application has been submitted. If the application is found to be incomplete, the Board may deem it incomplete and return it to the applicant to correct the deficiencies. After the deeming of an application incomplete, the applicant may correct the deficiencies and resubmit all required items.
(8) If the application is found to be complete, the Board shall formally determine that a complete application has been submitted; upon a determination of completeness of an application for development in the Pinelands Area of the Town of Hammonton, notice shall be given by the Board to the Pinelands Commission in accordance with § 175-60D(1).
(9) From the date of determination of submission of a complete application, the Board shall grant or deny final approval of the application within 45 days or within such further time as may be consented to by the applicant.
(10) Action by Board.
(a) Final approval shall be granted if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and the standards prescribed by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), provided that in the case of a planned unit development or planned unit residential development, the Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
(11) Notice of any hearing, public meeting or other formal proceeding at which the Board will consider an application for development shall be given by the Board to the Pinelands Commission, in writing, not less than five days prior to such meeting, hearing or proceeding; said notice shall be in accordance with § 175-60D(2).
(12) The Board may condition final approval on terms ensuring the provisions of improvements and performance in accordance with Articles VIII, IX and X of this chapter. (See N.J.S.A. 40:55D-38 to 40:55D-40; N.J.S.A. 40:55D-42; and N.J.S.A. 40:55D-53.)
(13) Whenever review or approval of the application by the Atlantic County Planning Board is required by N.J.S.A. 40:27-6.3, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Atlantic County Planning Board or approval by the Atlantic County Planning Board by its failure to report thereon within the required time period.
(14) Failure of the Board to act within the period prescribed shall constitute approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on the request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence or approval as herein required and shall be accepted by the Atlantic County Clerk for purposes of filing subdivision plats.
(15) Notwithstanding the provisions of this section, where any approval results from the failure of the Board to act within the prescribed period, the application shall provide notice to the Pinelands Commission, and the permits shall not become effective until the requirements of § 175-60 of this article have been satisfied.
(16) Upon the granting of subdivision approval by the Board, copies of the approved documents shall be sent to the:
(a) Applicant.
(b) Planning Board file.
(c) Board Engineer.
(d) Construction Code Official.
(e) Town Clerk.
(f) Tax Assessor.
(g) County Board of Health.
(h) Pinelands Commission.
(i) Director of Public Works.
(17) Filing with county recording officer.
(a) Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the applicant with the county recording officer. The 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.
(b) No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Board as indicated on the instrument by the signature of the Chairman and Secretary of the Board or a certificate has been issued pursuant to N.J.S.A. 40:55D-47, N.J.S.A. 40:55D-50, N.J.S.A. 40:55D-56, N.J.S.A. 40:55D-61, N.J.S.A. 40:55D-67 or N.J.S.A. 40:55D-76. The signatures of the Chairman and Secretary of the Board shall not be affixed until the developer has posted the guaranties required pursuant to N.J.S.A. 40:55D-53. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the town, the plat shall be expunged from the official records.
(c) It shall be the duty of the county recording officer to notify the Board, in writing, within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
(18) Upon the filing of a plat showing the subdivision or resubdivision of land, the county recording officer shall, at the same time that notification is given to the Board pursuant to N.J.S.A. 40:55D-54, send a copy of such notification to the Tax Assessor of the town.
(19) The effect of final approval shall be as set forth in Article XI of this chapter.
Notes
| 18 | 18. Editor's Note: The Sewer Department was inactivated 1-24-2011 by Ord. No. 3-2011. See now Ch. 53, Public Utilities Department; Public Works Manager. |
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