Regulation of land development and the attachment of reasonable
conditions to development applications are exercises of valid police
powers delegated by the state to the Borough. The applicant shall
comply with all reasonable conditions laid down by the approving board
for design, dedication, improvements and the use of the land to conform
to the physical development of the municipality and to the safety
and general welfare of the future residents/owners in the development
and the community at large, as well as all conditional use criteria
listed in the applicable zoning ordinance.
A. In the course of subdivision and/or site plan review, the reviewing
board shall consider, but not be limited to, such factors as the following:
(1) The adequacy of access, for fire and police protection and otherwise.
(2) The adequacy of provisions for drainage of surface waters and for
waste disposal, including recycling.
(3) The protection of life and property from flood hazards.
(4) The adequacy of conservation and protection of soil from erosion
caused by excavating or grading.
(5) Conformity with the standards of the Air Safety and Zoning Act of
1983 and the State Highway Access Management Act of 1989.
(6) The adequacy of protection of potable water supplies.
(7) The impact of the proposed development upon the environment, with
particular consideration for any type of pollution which may result.
(8) The location and the layout of accessory off-street parking and off-street
loading spaces, the width and grading of all entrances and exits to
such places, the location of such exits and entrances, the traffic
flow, together with:
(a)
The distance from the street intersections;
(b)
The likelihood of left-hand turns and other turning movements;
and
(c)
The anticipated traffic generation on and through roadways within
the Borough.
(9) The arrangements for safe and convenient pedestrian circulation,
on the site and on its approaches.
(10)
The impact of the proposed layout upon the surrounding area,
and particularly upon any nearby residences, including, but not limited
to:
(a)
The location and height of buildings and the extent of their
shadows;
(b)
The location, intensity and directions of any outdoor lighting
and the proposed times of its use;
(c)
The location of any overhead power lines;
(d)
The likelihood of any other nuisances; and
(e)
Whether appropriate and adequate screening is provided.
(11)
The size, location and type of any signs, and their appropriateness
in the area involved.
(12)
The arrangements of any outdoor display or storage and how same
may impact upon the surrounding area and/or major transportation corridors
traversing the Borough.
(13)
The proposed landscaping and its appropriateness in the area
involved. Preservation of all substantial trees over four inches'
caliper is to be encouraged to the maximum extent possible.
(14)
The arrangements of buildings, structures and open space on
the site.
(15)
The appropriateness of the proposed location of all infrastructure
and utilities.
(16)
Compatibility with adjacent uses and the adequacy of any proposed
buffering and screening methods.
B. In its review, where practical, the approving board shall encourage
creative design of the site to provide an environmentally sound development
and to encourage the conservation of energy resources.
C. Where County Planning Board review or approval is required on a subdivision
or site plan, the approving board shall condition any approval it
grants upon either timely receipt of a favorable report by the County
Planning Board or approved by the County Planning Board due to its
failure to submit a report within the required time period. If the
county's report is negative or attaches conditions, the original action
by the municipal approving board may be null and void, and a new resolution
may be adopted which considers the County Planning Board's report.
The approving board, when acting upon applications for subdivision
or site plan approval, shall have the power to grant such exceptions
from the design and performance standards of this Part 1 as may be
reasonable and within the general purpose and intent of the provisions
for subdivision or site plan review and approval if the literal enforcement
of one or more provisions of this Part 1 is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.
In the performance of review of any development application,
the approving board may waive requirements of plat preparation and
standard improvement specifications for any site plan or subdivision
based on the particular conditions associated with a tract of land.
Such waiver of requirements shall not apply to fees, performance or
maintenance guarantees, inspections, or any development regulation
in the zoning ordinance requiring a variance or conditional use approval.