Article II Review Procedures

§ 324-7 Concept design review.

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.

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.

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.

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.

§ 324-8 Minor site plan.

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.

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.

(4)

The application fee and applicable escrow fee in accordance with Article V.

(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.

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.

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.

Determination of completeness. The Board shall determine the completeness of the application in accordance with § 324-4 of this chapter.

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.

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.

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.

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)

Upon the granting of site plan approval by the Board, copies of the approved documents, including the resolution of approval, shall be sent to:

(1)

The applicant.

(2)

Planning Board file.

(3)

The Borough Engineer.

(4)

The Borough Planner.

(5)

The Construction Code Official.

(6)

The Borough Clerk.

(7)

The Tax Assessor.

(8)

The County Board of Health, if applicable.

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.

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]

§ 324-9 General development plan approval.

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.

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.

(4)

The application fee and applicable escrow fee in accordance with Article V.

(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)

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.

Determination of completeness. The Board shall determine the completeness of the application in accordance with § 324-4 of this chapter.

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.

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.

Remainder of tract. Any lands contemplated for development under the provisions of the general development plan shall be included in the application.

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)

(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.

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.

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:

(1)

The applicant.

(2)

Planning Board file.

(3)

The Borough Engineer.

(4)

The Borough Planner.

(5)

The Construction Code Official.

(6)

The Borough Clerk.

(7)

The Tax Assessor.

(8)

The County Board of Health, if applicable.

§ 324-10 Preliminary major site plan.

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.

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.

(4)

The application fee and applicable escrow fee in accordance with Article V.

(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.

Determination of completeness. The Board shall determine the completeness of the application in accordance with § 324-4 of this chapter.

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.

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.

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.

Board action on applications.

(1)

(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)

(7)

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.

Upon the granting of site plan approval by the Board, copies of the approved documents, including the resolution of approval, shall be sent to:

(1)

The applicant.

(2)

The Board file.

(3)

The Borough Engineer.

The Borough Planner.

The Zoning Officer.

The Borough Clerk.

The Tax Assessor.

The County Board of Health, if applicable.

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]

§ 324-11 Final major site plan.

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.

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.

(4)

The application fee and applicable escrow fee in accordance with Article V.

(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)

Determination of completeness. The Board shall determine the completeness of the application in accordance with § 324-4 of this chapter.

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)

(7)

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.

Upon the granting of site plan approval by the Board, copies of the approved documents, including the resolution of approval, shall be sent to:

(1)

The applicant.

(2)

The Board file.

(3)

The Borough Engineer.

The Borough Planner.

The Zoning Officer.

The Borough Clerk.

The Tax Assessor.

The County Board of Health, if applicable.

§ 324-12 Conditional use permits.

Application shall be made to the Planning Board before the issuance of any conditional use permit.

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.

(2)

The application fee and applicable escrow fee in accordance with Article V.

(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)

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.

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.

Conformance to standards. Conditional uses shall conform to any additional standards specified for the use in question in the applicable zoning district.

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.

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.