A.
An applicant may request, and the Planning Board shall
grant, an informal review of a concept design plan for which an applicant
intends to prepare and submit an application for development.
B.
Ten copies of a concept design plan and supporting documents in conformance with Article IV of this chapter shall be submitted to the Planning Board Secretary at least 10 days prior to a regularly scheduled hearing. The concept design plan and its documentation shall show a general design of the development and its public improvements sufficient for the Board to approve or disapprove of the concept. Approval of the concept design plan does not constitute an approval of the concept or plan, nor shall it be considered a valid basis for the construction of improvements or other commitments which depend upon the concept plan's design characteristics. Neither the applicant nor the Board shall be bound by the plan or its review.
C.
A concept design plan shall not require a fee from
the applicant. The applicant and Board, however, may agree to an escrow
fee to be paid by the applicant to cover the cost of professional
services incurred by the Board for the review of the concept plan.
Said moneys shall be placed in escrow and may be used for such services,
including legal, engineering and planning or other incidental expenses
of the Board.
D.
Upon completion of the concept design plan review,
the Board shall return one copy of the plan to the applicant along
with any comments or suggestions. In no event shall the concept design
review be considered a preliminary plat submission or preliminary
site plan submission for the purpose of deeming an application complete,
nor shall it constitute a general development plan, preliminary plat
or preliminary site plan approval by the Board.
A.
When an applicant proposes an application that meets
the definitional requirement for a minor site plan, plats, plans,
application forms and other required documentation shall be submitted.
B.
The applicant shall submit to the Board Secretary
at least 21 days prior to a regularly scheduled hearing the following
items:
(1)
Fourteen copies of the proposed minor site plan prepared in accordance with Article IV of this chapter.
(2)
Fourteen copies of the completed Borough application
form and three copies of the completed county application form.
(3)
Four copies of any protective covenants or deed restrictions
applying or to be applied to the subject land.
(5)
A list of all variances or waivers requested, citing
the applicable section of the ordinance.
(6)
A certification from the Tax Collector's office that
no taxes or assessments are due or delinquent on the subject property.
(7)
A certification of corporation or partnership interest
pursuant to N.J.S.A. 40:55D-48.1 et seq., if applicable.
(8)
Any other documents as may be requested on the application
form or by the Board that may be reasonably necessary in order for
the Board to make an informed decision whether the requirements for
approval of an application for development have been met.
C.
The Board Secretary shall immediately forward one
copy of all items submitted to the Board Solicitor, Borough Engineer,
Borough Planner and other appropriate professionals, and one copy
of the plan and application form to the Camden County Planning Board,
if applicable.
D.
Review of submission. The Borough Engineer, Planner
and other appropriate professional shall review all aspects of the
application, including the completeness of the application, and shall
expeditiously report their findings to the Board.
E.
Determination of completeness. The Board shall determine the completeness of the application in accordance with § 324-4 of this chapter.
F.
Public notice waiver. If the application is found
to conform to the definition of a minor site plan and is complete,
the Board shall formally determine that a complete application has
been submitted and shall waive the requirements for public notice
and hearing.
G.
Time period for approval. Once the application is
deemed complete, the Board shall have 45 days to grant or deny the
application, with or without conditions, from the date of submission
of the application to the Board Secretary.
H.
Remainder of tract. Where the remaining portion of
the original tract is of sufficient size to be developed further,
the applicant may be required to submit a concept plan of the entire
remaining portion of the tract to indicate a feasible plan whereby
the site plan applied for, together with subsequent site plan(s) that
may be submitted, shall not create, impose, aggravate or lead to any
adverse condition.
I.
Board action on applications.
(1)
The Board shall act upon the application after it
has sufficiently reviewed the application, that the Board professionals
have adequately reviewed the application, that the applicant has had
sufficient opportunity to present its request for development approval
to the Board and that the concerns of other interested persons have
been considered. In any event, the Board shall grant or deny the application
for a minor site plan within 45 days of the date of determination
that a complete application has been submitted to the Board or within
such time as may be consented to by the applicant. The decision and
resolution of the Board shall be in writing in accordance with N.J.S.A.
40:55D-10g through i.
(2)
Minor site plan approval shall be deemed final approval
by the Board.
(3)
The Board may condition approval on terms ensuring
the completion of improvements and performance in accordance with
this chapter and N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-40 and 40:55D-53.
(4)
Whenever review or approval of an application for
development by the Camden County Planning Board is required pursuant
to N.J.S.A. 40:27-6.3, the Board shall condition any approval upon
the timely receipt of favorable action on the application by the Camden
County Planning Board or approval by the Camden County Planning Board
by its failure to report thereon within the required time period.
(5)
Failure of the Board to act within the time 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.
J.
Upon the granting of site plan approval by the Board,
copies of the approved documents, including the resolution of approval,
shall be sent to:
K.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
was granted shall not be changed for a period of two years after the
date of approval.
L.
Any minor site plan approval granted under this section
shall expire and shall be void and of no effect, unless construction
or alteration of the improvements authorized by the site plan approval
shall have been commenced within two years from the date of publication
of the Notice of Approval, or any extensions granted by the municipal
agency pursuant to N.J.S.A. 40:55D-46.1.
[Added 8-24-2005 by Ord. No. 2005-12]
A.
When an applicant proposes an application that meets
the definitional requirement for a planned unit development, general
development plans, application forms and other required documentation
shall be submitted.
B.
The applicant shall submit to the Board Secretary
at least 30 days prior to a regularly scheduled hearing the following
items:
(1)
Fourteen copies of the proposed general development plan prepared in accordance with Article IV of this chapter.
(2)
Fourteen copies of the completed Borough application
form and three copies of the completed county application form.
(3)
Four copies of any protective covenants or deed restrictions
applying or to be applied to the subject land.
(5)
A list of all variances or waivers requested, citing
the applicable section of the ordinance.
(6)
A certification from the Tax Collector's office that
no taxes or assessments are due or delinquent on the subject property.
(7)
A certification of corporation or partnership interest
pursuant to N.J.S.A. 40:55D-48.1 et seq., if applicable.
(8)
Any other documents as may be requested on the application
form or by the Board that may be reasonably necessary in order for
the Board to make an informed decision whether the requirements for
approval of an application for development have been met.
C.
The Board Secretary shall immediately forward one
copy of all items submitted to the Board Solicitor, Borough Engineer,
Borough Planner and other appropriate professionals, and one copy
of the plan and application form to the Camden County Planning Board.
D.
Review by professionals. The Borough Engineer, Planner
or other professional shall review all aspects of the application,
including the completeness of the application, and shall expeditiously
report their findings to the Board.
E.
Determination of completeness. The Board shall determine the completeness of the application in accordance with § 324-4 of this chapter.
F.
Public notice and hearing. If the application is found to conform to the definition of a general development plan and is complete, the Board shall formally determine that a complete application has been submitted and shall set a time and date for public notice and hearing and shall so advise the applicant. The Board may delegate the setting of the time and date for public notice and hearing to the Board Secretary. Public notice shall be given in accordance with § 324-5 of this chapter. All persons having an interest in the proposed development shall be given an opportunity to be heard at the hearing.
G.
Substantial amendment. If during the hearing on the
submission, the Board requires any substantial amendment in the layout
of the tract or its improvements, as proposed by the applicant, that
has been the subject of said hearing, an amended application shall
be submitted and acted upon as an original submission.
H.
Remainder of tract. Any lands contemplated for development
under the provisions of the general development plan shall be included
in the application.
I.
Board action on applications.
(1)
Review of plan. The Board shall act upon the application
after it has sufficiently reviewed the application, that the Board
professionals have adequately reviewed the application, that the applicant
has had sufficient opportunity to present its request for development
approval to the Board and that the concerns of other interested persons
have been considered.
(2)
Hearing transcript. A transcript of the hearing shall
be made, the expense of which shall be paid for by the applicant,
and shall be caused to be made available to any party, upon request,
by the Borough Planning Board, with an appropriate deposit. All exhibits
accepted in evidence shall be identified and duly preserved or, if
not accepted in evidence, shall be properly identified and the reason
for the exclusion clearly noted in the record.
(3)
Time period. The Board shall grant, grant with conditions
or deny the application for a general development plan within 95 days
of the date of determination that a complete application has been
submitted to the Board or within such time as may be consented to
by the applicant. Upon failure of the Board to act within the aforementioned
time periods, the Board shall be deemed to have granted general development
approval to the site plan.
(4)
Findings for planned unit developments. Prior to the
approval by written resolution of a general development plan for the
initial approval of a planned unit development, the Planning Board
shall find the following facts and conclusions:
(a)
That departures by the proposed development
from zoning regulations otherwise applicable to the subject property
conform to zoning ordinance standards adopted pursuant to N.J.S.A.
40:55D-65c of the Municipal Land Use Law.
(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 provisions through the physical design
of the proposed planned unit development 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 unit development shall
not have an unreasonably adverse impact upon the area in which it
is proposed to be established.
(e)
In the case of a proposed planned unit development
which contemplates construction over a period of years, that the terms
and conditions intended to protect the interests of the public and
the residents, occupants and owners of the proposed development in
the total completion of the development are adequate.
(5)
Contents of written hearing resolution. The decision
and resolution of the Board shall be in writing in accordance with
N.J.S.A. 40:55D-10g through i and shall include not only conclusions,
but also findings of fact related to the specific proposal; shall
set forth the reasons for the grant, with or without conditions, or
for the denial; and shall set particularly in what respects the plan
would or would not be in the public interest, including but not limited
to findings of fact and conclusions on the following:
(a)
Whether the plan is in general conformity with
the provisions of the Master Plan of the Borough of Gibbsboro.
(b)
In what respects the plan is or is not consistent with the Borough's statement of objectives for planned unit development set forth in Chapter 400, Zoning.
(c)
The extent to which the plan departs from zoning
and subdivision regulations otherwise applicable to the subject property,
including but not limited to density, bulk and use, and the reason
why such departures are or are not deemed to be in the public interest.
(d)
The purpose, location and amount of the common
open space, the reliability of the proposals for maintenance and conservation
of the common open space and the adequacy or inadequacy of the amount
and purpose of the common open space as related to the proposed density
and type of development.
(e)
The physical design of the plan and the manner
in which said design does or does not make adequate provisions for
public services and provide adequate control over vehicular traffic
and further the amenities of light and air, recreation, landscaping
and visual enjoyment.
(f)
The relationship, beneficial or adverse, of
the proposed planned unit development to the neighboring area in which
it is proposed to be established.
(g)
In the case of a plan that proposes development
over a period of five or more years, the sufficiency of the terms
and conditions intended to protect the interests of the public and
of the residents and owners of the planned unit development in the
integrity of the plan, including the performance guaranties.
(6)
Conditions of general development plan approval. The
Board may condition approval on terms ensuring the applicant's conformance
to this chapter.
(a)
Failure of the Board to so act within the required
period(s) of time shall be deemed to be a grant of the general development
plan approval of the plan as submitted. In the event that the general
development plan approval is granted, other than by lapse of time,
either of the plan as submitted or of the plan with conditions, the
Borough Planning Board, as part of its resolution, shall specify the
drawings, specifications and form of performance guaranty as provided
by statute that shall accompany subsequent applications for site plan
or subdivision approval. In the event that the general development
plan approval is granted subject to conditions, the applicant shall,
within 45 days after receiving a copy of the written approval of the
Borough Planning Board, notify the Borough Planning Board of his acceptance
or his refusal to accept all said conditions.
[1]
In the event that the applicant agrees to all
modifications and conditions made a part of the approval of a general
development plan, the applicant and the Borough shall enter into a
municipal development agreement pursuant to N.J.S.A. 40:55D-45.21,
which shall specify the terms and conditions to be honored by both
parties to assure the implementation of the approved planned unit
development.
[2]
If the applicant refuses to accept all said
conditions, the Board shall be deemed to have denied general development
plan approval of the plan.
[3]
In the event that the applicant does not, within
said period, notify the Board of his acceptance or his refusal to
accept all such conditions of the general development plan approval,
and in the event that such lack of notice shall prevent the Board
and the applicant from mutually agreeing to a change in such conditions,
the Board, at the request of the applicant, may extend the time during
which the applicant shall notify the Board of his acceptance or refusal
to accept the conditions.
(b)
The Board may set forth those conditions which
it deems necessary to protect the interests of the general public
and the residents and occupants of the planned unit development. Such
conditions may include, but are not limited to, the sequence and distribution
of uses and densities, limitations of land areas to be developed within
a given period or provision of physical means to address critical
or unique environmental conditions. Such conditions shall be predicated
on the following criteria:
[1]
That each stage of a planned unit development
shall contain, within reasonable limits, a balance of commercial and
residential uses, open space and community facilities to assure that
the planned unit development is a viable self-sustaining community
unit at any given stage in its growth.
[2]
That each stage of development shall include
required open space in proportion to that part of the total commercial
and residential development units in the planned unit development
that are to be developed in that stage. Such open space shall include
both recreation and conservation uses accessible to the general public
and open space which shall be physically proximate and accessible
to the resident population within the planned unit development.
[3]
That the size and timing of successive stages
of a planned unit development shall be conditioned upon the availability
and provision of suitable capacity of facilities such as arterial
highways, primary roadways of Camden County, primary roadways of Gibbsboro
Borough and sewer, water, stormwater drainage and other services whose
capacities must be expanded as a result of the development of the
planned unit development.
(7)
Whenever review or approval of an application for
development by the Camden County Planning Board is required pursuant
to N.J.S.A. 40:27-6.3, the Board shall condition any approval upon
the timely receipt of favorable action on the application by the Camden
County Planning Board or approval by the Camden County Planning Board
by its failure to report thereon within the required time period.
(8)
Failure of the Board to act within the time 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 a resolution of approval and written endorsements and shall
be accepted by the county recording officer for the purpose of filing
site plans.
J.
Effect of approval.
(1)
A plan that has been given general development plan
approval with conditions accepted by the applicant (and provided that
the applicant has not defaulted under nor violated any of the conditions
of the general development plan approval) shall not be modified, revoked
or otherwise impaired by action of the Borough or any of its present
or future agencies or officers pending an application or applications
for subdivision or site plan approvals for each section without the
consent of the applicant, provided that an application for subdivision
or site plan approval is filed within five years of the date upon
which the general development plan has been approved.
(2)
In the event that the developer has not applied for
preliminary approval of a section or sections of an approved general
development plan within five years of the date upon which the general
development plan was approved, such approval may be terminated by
the Planning Board upon written notice to the applicant.
(3)
The Planning Board may grant these rights for a period
of time longer than five years, but not longer than 10 years, as shall
be reasonable taking into consideration the number of dwelling units
and nonresidential floor area permissible under the general development
plan approval, economic conditions and the comprehensiveness of the
development. The applicant may petition the Planning Board thereafter
and the Planning Board may grant an extension of general development
plan approval for such additional time period as shall be determined
by the Planning Board to be reasonable taking into consideration the
number of dwelling units and nonresidential floor area permissible
under the preliminary approval, the potential number of dwelling units
and nonresidential floor area of the section or sections awaiting
final approval, economic conditions and the comprehensiveness of the
development, provided that if the design standards have been revised,
such standards may govern.
K.
Upon the granting of general development plan approval
by the Board, copies of the approved documents, including the resolution
of approval, shall be sent to:
A.
When an applicant proposes an application that meets
the definitional requirement for a major site plan, preliminary plans,
application forms and other required documentation shall be submitted.
B.
The applicant shall submit to the Board Secretary
at least 30 days prior to a regularly scheduled hearing the following
items:
(1)
Fourteen copies of the proposed preliminary site plan and documents prepared in accordance with Article IV of this chapter.
(2)
Fourteen copies of the completed Borough application
form and three copies of the completed county application form.
(3)
Six copies of any protective covenants or deed restrictions
applying or to be applied to the subject land.
(5)
A list of all variances or waivers requested, citing
the applicable section of the ordinance.
(6)
A certification from the Tax Collector's office that
no taxes or assessments are due or delinquent on the subject property.
(7)
A certification of corporation or partnership interest
pursuant to N.J.S.A. 40:55D-48.1 et seq., if applicable.
(8)
Six copies of preliminary architectural elevations
and floor plans.
(9)
Any other documents as may be requested on the application
form or by the Board that may be reasonably necessary in order for
the Board to make an informed decision as to whether the requirements
for approval of an application for development have been met.
C.
The Board Secretary shall immediately forward one
copy of all items submitted to the Board Solicitor, Borough Engineer,
Borough Planner and other appropriate professionals, and one copy
of the plan and application form to the Camden County Planning Board.
D.
Review by professionals. The Borough Engineer, Planner
or other professional shall review all aspects of the application,
including the completeness of the application, and shall expeditiously
report their findings to the Board.
E.
Determination of completeness. The Board shall determine the completeness of the application in accordance with § 324-4 of this chapter.
F.
Public notice and hearing. If the application is found to conform to the definition of a major site plan and is complete, the Board shall formally determine that a complete application has been submitted and shall set a time and date for public notice and hearing and shall so advise the applicant. The Board may delegate the setting of the time and date for public notice and hearing to the Board Secretary. Public notice shall be given in accordance with § 324-5 of this chapter. All persons having an interest in the proposed development shall be given an opportunity to be heard at the hearing.
G.
Substantial amendment. If during the hearing on the
submission, the Board requires any substantial amendment in the layout
of the site or its improvements, as proposed by the applicant, that
has been the subject of said hearing, an amended application shall
be submitted and acted upon as an original submission.
H.
Remainder of tract. Where the remaining portion of
the original tract is of sufficient size to be developed further,
the applicant may be required to submit a conceptual plan of the entire
remaining portion of the tract to indicate a feasible plan whereby
the site plan applied for, together with subsequent site plan(s) that
may be submitted, shall not create, impose, aggravate or lead to any
adverse condition.
I.
Board action on applications.
(1)
The Board shall act upon the application after it
has sufficiently reviewed the application, that the Board professionals
have adequately reviewed the application, that the applicant has had
sufficient opportunity to present its request for development approval
to the Board and that the concerns of other interested persons have
been considered.
(2)
Time limit.
(a)
The Board shall grant, grant with conditions
or deny the application for a preliminary site plan in accordance
with:
[1]
A site plan of 10 acres or less or 10 dwelling
units or fewer within 45 days of the date of determination that a
complete application has been submitted to the Board or within such
time as may be consented to by the applicant; or
[2]
A site plan of more than 10 acres or more than
10 dwelling units within 95 days of the date of determination that
a complete application has been submitted to the Board or within such
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 site plan.
(3)
The Board shall not act upon an application until
it has determined that it is complete.
(4)
The decision and resolution of the Board shall be
in writing in accordance with N.J.S.A. 40:55D-10g through i.
(5)
The Board may condition approval on terms ensuring
the applicant's conformance to this chapter and any other applicable
ordinance.
(6)
Whenever review or approval of an application for
development by the Camden County Planning Board is required pursuant
to N.J.S.A. 40:27-6.3, the Board shall condition any approval upon
the timely receipt of favorable action on the application by the Camden
County Planning Board or approval by the Camden County Planning Board
by its failure to report thereon within the required time period.
(7)
Failure of the Board to act within the time 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 a resolution of approval.
J.
Effect of approval.
(1)
The approval of a preliminary major site plan shall
confer upon the applicant the following rights for a three-year period
from the date of a preliminary approval:
(a)
That the general terms and conditions on which
preliminary approval have been granted shall not be changed, including
but not limited to use requirements, layout and design standards for
streets, curbs and sidewalks, lot sizes, dimensions, yards and improvements,
whether on tract or off.
(b)
That 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 site plan.
(c)
That the applicant may apply for and the Board
may grant extensions on such preliminary approval for additional periods
of time of at least one year and not to exceed two years, provided
that if the design standards have been revised by ordinance, such
revised standards may govern at the discretion of the Board.
(2)
In the case of a site plan of 50 acres or larger,
the Board may grant these rights for a period of time longer than
three years as shall be reasonable taking into consideration the number
of dwelling units and nonresidential floor area permissible under
the preliminary approval, economic conditions and the comprehensiveness
of the development. The applicant may petition the Board thereafter
and the Board may grant an extension of preliminary approval for such
additional time period as shall be determined by the Board to be reasonable
taking into consideration the number of dwelling units and nonresidential
floor area permissible under the preliminary approval, the potential
number of dwelling units and nonresidential floor area of the section
or sections awaiting final approval, economic conditions and the comprehensiveness
of the development, provided that if the design standards have been
revised, such standards may govern.
(3)
Whenever the Board grants an extension of preliminary
approval pursuant to this subsection and preliminary approval has
expired before the date on which the extension is granted, the extension
shall begin on what would otherwise be the expiration date. The applicant
may apply for the extension either before or after what would otherwise
be the expiration date.
(4)
The Board shall grant an extension of preliminary
approval for a period determined by the Board but not exceeding one
year from what would otherwise be the expiration date, if the applicant
proves to the reasonable satisfaction of the Board that the applicant
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the applicant applied promptly
for and diligently pursued the required approvals. An applicant shall
apply for the extension before what would otherwise be the expiration
date of preliminary approval or the 91st day after the applicant receives
the last legally required approval from other governmental entities,
whichever occurs later. An extension granted pursuant to this subsection
shall not preclude the Board from granting an extension otherwise
permitted by this section.
K.
Upon the granting of site plan approval by the Board,
copies of the approved documents, including the resolution of approval,
shall be sent to:
L.
Any major site plan approval granted under this section
shall expire and be void and of no effect, unless construction or
alteration of the improvements authorized by the final site plan approval
shall have been commenced within three years from the date of publication
of the notice of approval, or an extension granted by the municipal
agency pursuant to N.J.S.A. 40:55D-49.
[Added 8-24-2005 by Ord. No. 2005-12]
A.
When an applicant proposes an application that meets
the definitional requirement for a major site plan and prior to the
expiration of preliminary approval for the subject tract, final plans,
application forms and other required documentation shall be submitted.
The applicant may submit for final approval of the whole or a section
or sections of the preliminary development plan. Final plans shall
conform substantially to preliminary plans.
B.
The applicant shall submit to the Board Secretary
at least 30 days prior to a regularly scheduled hearing the following
items:
(1)
Fourteen copies of the proposed final site plan and documents prepared in accordance with Article IV of this chapter.
(2)
Fourteen copies of the completed Borough application
form and three copies of the completed county application form.
(3)
Six copies of any protective covenants or deed restrictions
applying to the subject land as approved under preliminary approval.
(5)
A certification from the Tax Collector's office that
no taxes or assessments are due or delinquent on the subject property.
(6)
A certification of corporation or partnership interest
pursuant to N.J.S.A. 40:55D-48.1 et seq., if applicable.
(7)
Six copies of preliminary architectural elevations
and floor plans.
(8)
Letters directed to the Chairman or Chairwoman of
the Board from responsible officials of the Camden County Municipal
Utilities Authority and other applicable utility companies or governmental
agencies or districts indicating the capacity of their respective
system to provide services for the subject development.
(9)
Any other documents as may be requested on the application
form or by the Board that may be reasonably necessary in order for
the Board to make an informed decision as to whether the requirements
for approval of an application for development have been met.
C.
The Board Secretary shall immediately forward one
copy of all items submitted to the Board Solicitor, Borough Engineer,
Borough Planner and other appropriate professionals, and one copy
of the plan and application form to the Camden County Planning Board.
D.
Review by professionals. The Borough Engineer, Planner
or other professional shall review all aspects of the application,
including the completeness of the application, and shall expeditiously
report their findings to the Board.
E.
Determination of completeness. The Board shall determine the completeness of the application in accordance with § 324-4 of this chapter.
F.
Public notice and hearing. If the application is found to conform to the definition of a major site plan and is complete, the Board shall formally determine that a complete application has been submitted and shall set a time and date for public notice and hearing and shall so advise the applicant. The Board may delegate the setting of the time and date for public notice and hearing to the Board Secretary. Public notice shall be given in accordance with § 324-5 of this chapter. All persons having an interest in the proposed development shall be given an opportunity to be heard at the hearing.
G.
Board action on applications.
(1)
The Board shall act upon the application after it
has sufficiently reviewed the application, that the Board professionals
have adequately reviewed the application, that the applicant has had
sufficient opportunity to present its request for development approval
to the Board and that the concerns of other interested persons have
been considered. Final approval shall be granted if the detailed drawings,
specifications, plans, estimates and other documentation of the application
conforms to the standards established by this chapter and any other
applicable ordinance for final approval and the conditions of preliminary
approval.
(2)
The Board shall grant, grant with conditions or deny
the application for a final major site plan within 45 days of the
determination of completeness or within such time as may be consented
to by the applicant.
(3)
The Board shall not act upon an application until
it has determined that it is complete.
(4)
The decision and resolution of the Board shall be
in writing in accordance with N.J.S.A. 40:55D-10g through i.
(5)
The Board may condition approval on terms ensuring
the applicant's conformance to this chapter and any other applicable
ordinance and shall condition approval on the approval of other agencies
with development review powers over the site plan application.
(6)
Whenever review or approval of an application for
development by the Camden County Planning Board is required pursuant
to N.J.S.A. 40:27-6.3, the Board shall condition any approval upon
the timely receipt of favorable action on the application by the Camden
County Planning Board or approval by the Camden County Planning Board
by its failure to report thereon within the required time period.
(7)
Failure of the Board to act within the time 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.
H.
Effect of approval.
(1)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer,
whether conditionally or not, shall not be changed for a period of
two years after the date of final approval.
(2)
If the developer has followed the standards prescribed
for final approval, the Board may extend such period of protection
of rights for extensions of one year but not to exceed three such
extensions. The granting of final approval terminates the time period
of preliminary approval for the section granted final approval.
(3)
In the case of a site plan within a planned unit development
of 50 acres or more, or a conventional site plan of 150 acres or more,
or a nonresidential development of 200,000 square feet or more, the
Board may grant these rights for a period of time longer than two
years as shall be reasonable taking into consideration the number
of dwelling units and nonresidential floor area permissible under
the final approval, economic conditions and the comprehensiveness
of the development. The applicant may petition the Board thereafter
and the Board may grant an extension of final approval for such additional
time period as shall be determined by the Board to be reasonable taking
into consideration the number of dwelling units and nonresidential
floor area permissible under the final approval, the potential number
of dwelling units and nonresidential floor area of the section or
sections awaiting final approval, economic conditions and the comprehensiveness
of the development.
(4)
Whenever the Board grants an extension of final approval
pursuant to this subsection and final approval has expired before
the date on which the extension is granted, the extension shall begin
on what would otherwise be the expiration date. The applicant may
apply for the extension either before or after what would otherwise
be the expiration date.
(5)
The Board shall grant an extension of final approval
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the applicant proves
to the reasonable satisfaction of the Board that the applicant was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the applicant applied promptly
for and diligently pursued the required approvals. An applicant shall
apply for the extension before what would otherwise be the expiration
date of final approval or the 91st day after the applicant receives
the last legally required approval from other governmental entities,
whichever occurs later. An extension granted pursuant to this subsection
shall not preclude the Board from otherwise granting an extension
pursuant to this section.
I.
Upon the granting of site plan approval by the Board,
copies of the approved documents, including the resolution of approval,
shall be sent to:
A.
Application shall be made to the Planning Board before
the issuance of any conditional use permit.
B.
The applicant shall submit to the Board Secretary
at least 30 days prior to a regularly scheduled hearing the following
items:
(1)
Fourteen copies of the completed Borough application
form.
(3)
A certification from the Tax Collector's office that
no taxes or assessments are due or delinquent on the subject property.
(4)
A certification of corporation or partnership interest
pursuant to N.J.S.A. 40:55D-48.1 et seq., if applicable.
(5)
Any other documents as may be requested on the application
form or by the Board that may be reasonably necessary in order for
the Board to make an informed decision as to whether the requirements
for approval of a conditional use permit have been met.
C.
Evaluation criteria. The Planning Board, in the evaluation of the application for a conditional use permit, shall use the following criteria in addition to the evaluative criteria of § 324-3A:
(1)
The use for which an application is submitted is specifically
permitted as a conditional use in the zoning district in which the
proposed use would be located.
(2)
The design, arrangement and nature of the proposed
use will not increase the danger of fire or panic or otherwise endanger
the public.
(3)
Reasonable consideration shall have been made as to
the compatibility of the proposed use within the existing neighborhood
or community, including the number of employees or users of the property,
the potential effect upon adjacent property values, the need for the
proposed use in the community and the mitigation of potentially adverse
environmental effects.
(4)
The proposed use shall not impair an adequate amount
of light or air to adjacent properties.
(5)
The proposed use shall not overcrowd the land or create
an undue concentration of population.
D.
Site plan review required. All conditional uses shall also be required to obtain site plan approval, unless the Planning Board shall grant a waiver pursuant to § 324-6C of this chapter.
E.
Conformance to standards. Conditional uses shall conform
to any additional standards specified for the use in question in the
applicable zoning district.
F.
Burden of proof. The applicant for a conditional use
shall have the burden of proof in establishing that the criteria for
so granting such use shall have been met. In all cases the applicant's
burden of proof shall contain sufficient and credible evidence to
fully support the assertions made by the applicant.
G.
Effect of approval. In the granting of an approval
for a conditional use, the applicant shall secure a building permit
or, in the case where no building permit is required, a certificate
of occupancy, within one year from the date of approval; otherwise
the granting of the conditional use shall be deemed null and void.
