Subdivision review is provided for in the Municipal
Land Use Law (N.J.S.A. 40:55D-37). Such review makes it possible for
the Planning Board to ensure development which is consistent with
this chapter and the Master Plan. It permits the Board to review developmental
layout, street design, water drainage and sewerage adequacy, flood
hazards and protection/conservation measures. It also makes possible
provisions for off-tract improvements and, in the case of planned
developments, promotes flexibility. In short, subdivision review establishes
rules and standards for division of land within the City of Somers
Point in order to promote health, safety, convenience and general
welfare.
Any applicant wishing to divide or resubdivide land within the City of Somers Point shall apply for and obtain approval of the Planning Board in accordance with the procedures outlined in §§
114-155 through
114-170.
An applicant for subdivision of land shall submit to the City Clerk four copies of an application for subdivision, the required application fee (See Article
XXVII, §
114-201.) and three copies of a sketch plat containing the information outlined in §
114-161A(1),
(2),
(3),
(4),
(5),
(6),
(9) and
(10) of this article two weeks prior to a regular meeting of the Planning Board.
The Subdivision Committee of the Planning Board
shall review the plat prior to the regular meeting and shall classify
the subdivision as a minor, exempt or major subdivision. Subdivisions
failing to receive a unanimous vote as a minor or exempt shall be
considered major.
The Subdivision Committee shall report its recommendations
and comments on each application to the Planning Board at its next
regular meeting. The Board shall have the right to approve or change
the classification by majority vote.
If classified as a minor subdivision, the Planning
Board shall have the authority to approve immediately or to forward
copies of the plat to city offices or consultants for review. Upon
completion of that review and within 45 days of receipt of the completed
application, the Board will approve, conditionally approve or reject
the request. If approved, a notation to that effect shall be made
upon the plat and shall be signed by the Planning Board Chairman and
City Clerk and returned to the applicant. If rejected, the reasons
shall be noted upon all copies of the application form, and one copy
shall be returned to the applicant.
[Amended 2-11-1993 by Ord. No. 2-1993]
A. Minor subdivision approval shall expire within 190
days of approval unless within the one-hundred-ninety-day period a
plat or deed in conformity with such approval, prepared pursuant to
the requirements set forth in N.J.S.A. 40:55D-47(d), or as same may
hereafter be amended, is filed with the County Recording Officer.
B. The approving board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed for a period determined
by the board but not to exceed one year from what would otherwise
be the expiration date, provided that the applicant applies for the
same and meets the criteria as set forth in N.J.S.A. 40:55D-47(f)
and (g) as applicable.
Any lands, lots or parcels resulting or remaining
from minor subdivision may not be submitted as a minor subdivision
for 24 months from the date of initial approval.
If a sketch plat submitted in accordance with the requirements of §
114-155 is classified as a major subdivision, a notation to that effect shall be made on the plat, and it shall be returned to the applicant for compliance with §§
114-163 through
114-171.
An applicant for preliminary major subdivision review and approval shall submit 10 copies of a preliminary plat, clearly drawn and accurately reproduced at a scale of one inch equals 50 feet, designed and drawn by a professional engineer or land surveyor, along with three copies of a completed application for preliminary approval and the appropriate fee (see Article
XXVII, §
114-201) to the City Clerk at least two weeks prior to the regular Planning Board meeting. The City Clerk shall keep one copy and submit the others to the Secretary of the Planning Board.
An application for final approval shall be submitted to the Planning Board within three years from the date of preliminary Planning Board approval. The application, in triplicate, and the appropriate fee (See Article
XXVII, §
114-201.) shall be accompanied by one original tracing, one translucent cloth copy and 10 black-and-white prints at a scale of one inch equals 50 feet and shall be submitted to the City Clerk at least two weeks prior to the regular meeting of the Planning Board.
Final approval of a major subdivision shall
expire 95 days from the date of signing the plat unless within such
period the plat shall have been duly filed by the developer with the
county recording officer. The Planning Board may, for good cause shown,
extend the period for recording for an additional period not to exceed
90 days from the date of the signing of the plat.
Once a plat has been approved and filed within
the prescribed time period, the terms and conditions of that approval
shall not be changed for a period of two years from the date of approval.
The Planning Board may extend the two-year limit for a period of one
year. Such extensions shall not be granted more than three times.
[Added 12-8-2011 by Ord. No. 18-2011]
A. Purpose and applicability.
(1)
The purpose of this section is to permit and encourage the submission of conceptual general development plans that present a comprehensive plan for a proposed recreational planned unit development (RPUD) in the Recreational Golf Course (RGC) District. The general development plan is intended to prompt an integrated approach to site planning that relates to the existing development patterns in the City within the RGC District. Nothing contained within this §
114-171.1 of Article
XXIII shall be allowed or permitted to the extent it is inconsistent with the requirements and development standards set forth within Article
XIIIA, Regional Planned Unit Development Option (RPUD).
(2)
A developer of a parcel or parcels of land totaling more than
100 acres in size in the RGC District for which the developer is seeking
approval of an a RPUD must submit a general development plan to the
Planning Board prior to the submission of preliminary subdivision
or site plans to the Planning Board.
(3)
The general development plan shall set forth the proposed and
permitted number of dwelling units and the residential density, and
the amount of nonresidential floor space for the proposed development
in its entirety according to a schedule which sets forth the timing
of the various sections of the development, and the area to be permanently
deed-restricted for golf course and recreational use.
(4)
The general development plan shall be designed to promote and
encourage the conservation of natural features and the efficient use
of resources in subdivision and site design while remaining responsive
to market demands for residential and nonresidential development.
To the extent possible, a general development plan should be designed
to reduce infrastructure and service costs over the long term and
to provide a pedestrian-friendly environment.
B. Required submission items. The general development plan submission
shall include the following:
(1)
A general land use plan indicating the tract area and general
location of land uses to be included in the planned development at
a scale not smaller than one inch equals 100 feet. The total number
of proposed dwelling units and the amount of nonresidential floor
area to be provided and the proposed land area to be devoted to residential
and nonresidential uses shall be set forth in addition to the land
that shall be permanently dedicated and deed-restricted to golf and/or
recreational use.
(2)
The proposed types of golf and related nonresidential uses to
be included in the RPUD shall be set forth and the land area to be
occupied by each use shall be estimated, including the area to be
devoted to parking and stormwater management for the proposed uses.
(3)
A circulation plan showing the general location and types of
transportation facilities, including the relationship to public transportation
and facilities for pedestrian access within the planned development
and any proposed improvements to the existing transportation system
outside the planned development.
(4)
An open space plan showing the proposed land area and general
location of the golf course and any other land areas to be set aside
for conservation and recreational purposes and a general description
of improvements proposed to be made thereon, including a plan for
the operation and maintenance of the course and recreational lands.
The open space plan should include a calculation of the total area
that will be available for public or semipublic use.
(5)
A utility plan indicating the need for and showing the proposed
location of sewer and water lines and information regarding the available
capacity for utility facilities. Additionally, storm drainage facilities,
proposed methods for handling solid waste disposal, and a plan for
the operation and maintenance of proposed utilities shall be included.
(6)
A general stormwater management plan setting forth the proposed
method of controlling and managing stormwater on the site; stormwater
calculations may be deferred to the preliminary subdivision or site
plan application.
(7)
An environmental inventory, including a general description
of the vegetation, soils, topography, geology, surface hydrology,
climate and cultural resources of the site, existing man-made structures
or features and the probable impact of the development on the environmental
attributes of the site.
(8)
A community facility plan indicating the scope and type of supporting
community facilities, which may include but not be limited to educational
or cultural facilities, historic sites, libraries, hospitals, firehouses
and police stations.
(9)
A housing plan outlining the number and type of housing units
to be provided and the manner in which any affordable housing obligation
will be fulfilled by the development.
(10)
A local service plan indicating those public services which
the applicant proposes to provide, and which may include but not be
limited to water, sewer, gas/electric and solid waste disposal.
(11)
A fiscal report describing the anticipated demand on municipal
services to be generated by the planned development and any other
financial impacts to be faced by the municipality or the school districts
as a result of the completion of the planned development. The fiscal
impact report shall also include a projection of property tax revenues
which will accrue to the county, municipality and school district
according to the timing schedule provided.
(12)
A proposed timing schedule for the phasing of the project if
it is anticipated that the development will be completed over a number
of years, including any terms or conditions which are intended to
protect the interests of the public and of the residents who occupy
any section of the planned development prior to the completion of
the development in its entirety.
(13)
A municipal development agreement, which shall mean a written
agreement between a municipality and a developer relating to the development
and specifically with respect to affordable housing production and
the permanent preservation of a full-size, eighteen-hole golf course.
C. Required findings by the Planning Board. Prior to approval of a general
development plan, the Planning Board shall make the following facts
and conclusions:
(1)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the Zoning
Ordinance standards that may be specific to a planned development.
(2)
That proposals for maintenance and conservation of the common
open space are reliable and that the amount, location and purpose
of the common open space are adequate.
(3)
That provisions through the physical design of the proposed
development for public services, control over vehicular and pedestrian
traffic, and the amenities of light and air, recreation and visual
enjoyment are adequate.
(4)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(5)
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.
(6)
That the proposal is responsive to the natural features of the
site and is designed in a manner that preserves valuable site characteristics
identified in the environmental inventory.
(7)
That the proposal advances the principles of smart growth by
providing opportunities for vehicular and pedestrian interconnectivity
where feasible, by encouraging the efficient use of land, and by safeguarding
the character of existing stable neighborhoods.
D. Approval process and duration.
(1)
The Planning Board shall grant or deny general development plan
approval within 95 days after submission of a complete application
to the administrative officer.
(2)
The term of the effect of the general development plan approval
shall be determined by the Planning Board using the guidelines set
forth below, except that the term of the approval shall not exceed
20 years from the day upon which the developer receives final approval
of the first section of the planned development. In making its determination
regarding the duration of the approval of the development plan, the
Planning Board shall consider the following:
(a)
The number of dwelling units or amount of nonresidential floor
area to be constructed.
(b)
Prevailing economic conditions.
(c)
The timing schedule to be followed and likelihood of its fulfillment.
(d)
The developer's capability of completing the development.
(e)
The contents of the general development plan and any conditions
which the Planning Board attaches thereto.
(3)
In the event that the developer seeks to modify the proposed
timing schedule, such modification shall require the approval of the
Planning Board. The Planning Board shall, in deciding whether or not
to grant approval of the modification, take into consideration prevailing
market and economic conditions, anticipated actual needs for residential
units and nonresidential space within the City and the region, and
the availability and capacity of public facilities to accommodate
the proposed development.
(4)
Except as provided hereunder, once a general development plan
has been approved by the Planning Board, it may be amended or revised
only upon application by the developer and approval of the Planning
Board. The exceptions are listed below.
(a)
If a variation in land uses or increase in density or floor
area ratio is proposed in response to a negative decision of, or a
condition of development approval imposed by, the New Jersey Department
of Environmental Protection, and there is a valid environmental reason
for such decision, the variation shall be approved by the Planning
Board if the developer can demonstrate to the satisfaction of the
Planning Board that the variation being proposed is a direct result
of a determination by the Department of Environmental Protection.
(b)
Planning Board approval is not required if the developer seeks
to reduce the number of residential dwellings or reduce the amount
of nonresidential floor space by no more than 15% without otherwise
violating the terms and conditions of the general development plan
approval.
(5)
Completion, failure to apply and termination of approval.
(a)
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 Planning Board, the municipality shall have cause
to terminate the approval.
(b)
If a developer does not complete any section of the development
within one year of the date provided for in the approved plan, or
if at any time the municipality has cause to believe that the developer
is not fulfilling his obligations pursuant to the approved plan, the
City shall notify the developer by certified mail, and the developer
shall have 10 days within which to give evidence that he is fulfilling
his obligation pursuant to the plan. The City thereafter shall conduct
a hearing to determine whether or not the developer is in violation
of the approved plan. If, after such hearing, the City finds good
cause to terminate the approval, it shall provide written notice of
same to the developer, and the approval shall be terminated 30 days
thereafter.
(c)
In the event that a development which is the subject of a general
development plan is completed before the end of the term of the approval,
the approval shall terminate with the completion of the development.