The purpose of this article is to establish
the procedure for Planning Board review and action on applications
for subdivisions and/or site plans. The procedure is intended to provide
orderly and expeditious processing of such applications.
A.
Subdivision. Approval of subdivision plats by resolution
of the Planning Board (or Zoning Board of Adjustment where appropriate)
is hereby required as a condition for the filing of such plats with
the county recording officer.
B.
Site plans. Approval of site plans by resolution of
the Planning Board (or Zoning Board of Adjustment where appropriate)
is hereby required as a condition for the issuance of a permit for
any development.
C.
Exceptions. Subdivision or individual lot applications
for detached one- or two-dwelling unit buildings shall be exempt from
site plan review.
A.
Site plans.
[Amended 5-9-2017 by Ord.
No. 2017-06]
(1)
The Planning Board may waive the requirements for site plan approval where no or de minimus construction or improvements are proposed. The waiver may be granted only by a resolution finding that the use will not materially affect drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other standards specified in Article IX of this chapter.
(2)
An application for a site plan waiver shall be required and shall
include a written description of the proposed work, a conceptual plan
illustrating the work, a description of the impacts and a justification
for the waiver.
C.
Subdivision and site plan regulations.
(1)
The Planning Board, when acting upon applications
for preliminary or minor subdivision approval, shall have the power
to grant such exceptions from the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions for subdivision review and approval of this chapter
if the literal enforcement of one or more of the provisions is impracticable
or will exact an undue hardship because of particular conditions pertaining
to the land in question.
A.
Purpose. For the purpose of expediting applications
and reducing subdivision and site plan design and development costs,
the developer may request a preapplication conference and/or concept
plan in accordance with the following requirements:
B.
Preapplication conference.
(1)
At the request of the applicant, the Planning Board
or its designated representative shall authorize a preapplication
conference. The purpose of this conference is to:
(a)
Acquaint the applicant with the substance and
procedural requirements of the subdivision and site plan ordinance;
(b)
Provide for an exchange of information regarding
the proposed development plan and applicable elements of the Master
Plan, Zoning Ordinance and other development requirements;
(c)
Advise the applicant of any public sources of
information that may aid the application;
(d)
Otherwise identify policies and regulations
that create opportunities or pose significant constraints for the
proposed development;
(e)
Review any proposed concept plans and consider
opportunities to increase development benefits and mitigate undesirable
project consequences;
(f)
Permit input into the general design of the
project.
(2)
The preapplication conference allows the applicant
to meet with the appropriate municipal representatives. These individuals,
who shall be designated by the Chairman of the Planning Board or his
designated representative, may include:
(a)
Municipal Engineer, Planner, Board Solicitor;
(b)
Municipal Construction Code Official and Zoning
Officer;
(c)
Other municipal employees;
(d)
Representative(s) from the Planning Board and
the Board of Adjustment;
(e)
Representatives from municipal environmental,
historic preservation, and other commissions, as deemed appropriate;
(f)
Subdivision and Site Plan Committee or representative(s)
if this Committee is established;
(g)
Any other municipal representative(s) invited
by the Planning Board Chairperson or his designated representative.
(3)
Applicants seeking a preapplication conference shall submit the items stipulated in § 135-74B of this chapter. These items provide the subdivider or developer and Planning or Zoning Board or Subdivision and Site Plan Committee with an opportunity to discuss the development proposal in its formative stages.
(4)
Fees, copies required and submission dates for these applications shall be as set forth in Article XIII of this chapter. In addition, the applicant must reimburse the Borough for actual costs of engineering or legal expenses for review of the application and/or attendance by professionals at the meeting. The applicant may request a brief written summary of the concept plan review to be provided within 10 working days after the final meeting.
(5)
The applicant shall not be bound by the determination
of the preapplication conference nor shall the Planning Board or Subdivision
and Site Plan committee be bound by any such review.
C.
Concept plan.
(1)
In addition or as an alternative to the preapplication
conference, at the request of the applicant, the Planning Board or
the Subdivision and Site Plan Committee shall grant an informal review,
at a public meeting, of a concept plan for a development for which
the applicant intends to prepare and submit an application for development.
(2)
The purpose of the concept plan is to provide Planning
Board or Subdivision and Site Plan Committee input in the formative
stages of subdivision and site plan design.
(3)
Applicants seeking concept plan informal review shall submit the items stipulated in § 135-74B of this chapter. These items provide the subdivider or developer and Planning or Zoning Board or Subdivision and Site Plan Committee with an opportunity to discuss the development proposal in its formative stages.
(4)
Fees, copies required and submission dates for these applications shall be as set forth in Article XIII of this chapter. In addition, the applicant must reimburse the Borough for actual costs of engineering or legal expenses for review of the application and/or attendance by professionals at the meeting. The applicant may request a brief written summary of the concept plan review to be provided within 10 working days after the final meeting.
(5)
The applicant shall not be bound by any concept plan
for which review is requested, nor shall the Planning Board or Subdivision
and Site Plan Committee be bound by any such review. The municipality
may require notice of the concept plan meeting pursuant to N.J.S.A.
40:55D-12.
A.
Assignment.
(2)
The Administrative Officer will make the initial determination as to the types of applications that may be filed and the appropriate Board to hear the application based on the criteria in the definitions in Article II of this chapter and current applicable state law.
(3)
If the applicant disagrees with the initial determination,
he shall request that the decision of the Administrative Officer be
provided in writing and may appeal the Administrative Officer's decision
concerning the determinations above to the Planning Board. This appeal
shall be in writing putting forth the facts and arguments as to why
the applicant disagrees with the Administrative Officer and what remedy
is requested. Such appeal submittal must be provided to the Administrative
Officer at least 14 days prior to the next scheduled Planning Board
meeting. No fee or public notice is required. However, the development
application itself cannot be scheduled to be heard at the same meeting.
B.
Content, fees, and submission dates. An application for development shall include the items specified in § 135-74B of this chapter which constitutes a checklist of items to be submitted for subdivision and site plan review. A copy of this checklist shall be completed by the applicant, and submitted with the application form. Fees, copies required and submission dates for these applications shall be as set forth in Article XIII of this chapter.
C.
Payment of all municipal obligations required. No
municipal action will be taken as to any application for development
unless verification is provided that all monetary payments legally
due to the Borough for property taxes, water and/or sewer use charges,
assessments, development review fees from this or any other application
or any other municipal matter, are fully paid in accordance with law.
D.
Notice. An application for development for any of the approvals listed in § 135-70A(1) of this chapter shall require a public hearing and notice before the Planning Board (or Zoning Board of Adjustment where appropriate). Notice of any such hearing shall be given by the applicant pursuant to N.J.S.A. 40:55D-10 through 40:55D-12.
E.
Complete application.
(1)
A subdivision and site plan application shall be complete
for purposes of commencing the applicable time period for action by
the Planning Board when so certified by the Administrative Officer.
(a)
In the event that the Administrative Officer
does not certify the application to be complete within 45 days of
the date of its submission, the application shall be deemed complete
upon the expiration of the forty-five-day period for purposes of commencing
the applicable period of time unless:
[1]
The application lacks information indicated on the checklist of items to be submitted specified in § 135-74B and provided in writing to the applicant; and
[2]
The Administrative Officer has notified the
applicant, in writing, of the deficiencies in the application within
45 days of submission of the application.
(c)
Nothing herein shall be construed as diminishing
the applicant's obligation to prove during the application process
that the applicant is entitled to approval of the application. The
Planning Board may subsequently require correction of any information
found to be in error and submission of additional information not
specified in the ordinance or any revisions in the accompanying document,
as are reasonably necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Planning Board.
(2)
An applicant may appeal the Administrative Officer's
decision concerning the completeness of the application to the Board
which has jurisdiction to hear the application. The Board shall have
45 days after receipt of a written request to schedule a public hearing
at which time the Board will determine if the application is complete.
The Board shall affirm, modify, or reverse the decision of the Administrative
Officer.
A.
Submission and review.
(1)
Any applicant requesting approval of a proposed minor subdivision or minor site plan as defined in this chapter shall submit to the Administrative Officer the appropriate number of copies of the items required in § 135-74B of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes, Borough water or sewer charges or Borough assessments of any kind are outstanding against the property.
(2)
The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of § 135-70E of this chapter.
(3)
The minor subdivision or site plan shall thereafter
be referred to the Planning Board for a hearing in due course. The
Subdivision or Site Plan Committee, as appropriate, shall review the
application and shall comment and make written recommendations to
the Planning Board.
B.
Action and approval.
(1)
The action of the Planning Board under this article must be taken within 45 days, or 120 days if a variance pursuant to Subsection b of N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-70 is involved, of a complete application as defined in § 135-70E of this chapter or within such further time as is agreed to by the applicant and the Board. Failure of the Planning Board or Committee to act within the period prescribed shall constitute minor subdivision or minor site plan approval, and a certificate of the Administrative Officer as to the failure of the Planning Board or Committee to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(2)
Approval of a minor subdivision shall expire 190 days
from the date of municipal approval unless within such period a plat
in conformity with such approval and the provisions of the Map Filing
Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the
approved minor subdivision is filed by the developer with the county
recording officer, the Municipal Engineer and the Municipal Tax Assessor
as specified by N.J.S.A. 40:55D-1 et seq. Any such plat or deed accepted
for such filing shall have been submitted to the Administrative Officer
for review and for the signatures of the Chairperson and Secretary
of the Planning Board.
C.
Effect of approval. The zoning requirements and general
terms and conditions, whether conditional or otherwise, upon which
minor subdivision and/or site plan approval was granted, shall not
be changed for a period of two years after the date of the approval
of the resolution of the minor subdivision and/or site plan.
A.
Preliminary approval of major subdivisions and major
site plans.
(1)
The applicant seeking preliminary major subdivision
or preliminary major site plan approval shall submit to the Administrative
Officer of the Planning Board the appropriate number of copies of
the materials stipulated in § 135-743B of this chapter.
(2)
The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of § 135-70E of this chapter.
(3)
The Subdivision or Site Plan Committee, as appropriate,
shall review the application and shall comment and make recommendations
to the Planning Board. The major subdivision or site plan shall thereafter
be referred to the Planning Board for a hearing in due course.
(4)
A complete application for a subdivision of 10 or
fewer lots, or for a site plan of 10 acres of land or less or 10 dwelling
units or less, shall be acted upon within 45 days of the date of such
submission, or 120 days if a variance is required, or within such
further time as may be consented to by the developer. A subdivision
of more than 10 lots, or a site plan that involves more than 10 acres
of land or more than 10 dwelling units, shall be acted upon within
95 days of the date of such submission, or 120 days if a variance
is required, or within such further time as may be consented to by
the developer. Otherwise, the Planning Board shall be deemed to have
granted preliminary subdivision or site plan approval.
B.
Effect of preliminary approval of major subdivision
and major site plan.
(1)
Preliminary approval of a major subdivision and site plan shall, except as provided in Subsection D of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:
(a)
That the general terms and conditions on which
preliminary approval was granted shall not be changed, including,
but not limited to, use requirements; layout and design standards
for streets, curbs and sidewalks; lot sizes; yard dimensions and off-tract
improvements; and in the case of a site plan, any requirements peculiar
to site plan approval pursuant to N.J.S.A. 40:55D-41, except that
nothing herein shall be construed to prevent the municipality from
modifying by ordinance such general terms and conditions of preliminary
approval as related to public health and safety;
(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 subdivision plat or site
plan, as the case may be; and
(c)
That the applicant may apply for and the Planning
Board may grant extension on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that if the design and improvement standards have
been revised by ordinance, such revised standards may govern.
(2)
Where a developer plans to install the site improvements prior to final approval, the developer may submit the engineering plans and specifications for the improvements to the Municipal Engineer, who shall review and approve or deny them within 35 days. In the event of a denial, the specific reasons must be enumerated in a letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within 20 days with the same requirement as previously imposed for a denial. After the plans are approved, the developer may install the site improvements prior to final approval. The developer shall be required to furnish a restoration bond for 120% of the maximum cost of restoring the site in the event that the improvements are not complete within two years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit, or an escrow account in accordance with Article XI of this chapter. The type, form, and amount of the bond are subject to the approval of the Municipal Engineer and the Municipal Attorney.
C.
Final approval of major subdivision and major site
plan.
(1)
An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the Administrative Officer of the Planning Board, the appropriate number of copies of the materials specified in § 135-74B of this chapter. In addition, one original tracing, one translucent cloth copy and two cloth prints of subdivision plats shall be submitted. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board. The final plat shall also be accompanied by a statement from the Municipal Engineer that the municipality is in receipt of as-built plans showing all streets and utilities and other improvements in exact location and elevation and identifying those portions already installed and those to be installed, and/or certified in the amount of performance guarantees required to assure completion of those improvements not yet installed as stipulated in Article XI of this chapter.
(2)
The application for final subdivision or site plan approval shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of § 135-70E of this chapter.
(3)
Final approval shall be granted or denied within 45
days after submission of a complete application to the Administrative
Officer or within such further time as may be consented to by the
applicant. Failure of the Planning Board to act within the period
prescribed shall constitute final approval and a certificate of the
Administrative Officer as to the failure of the Planning Board to
act shall be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other evidence of approval,
herein required, and shall be so accepted by the county recording
officer for purposes of filing subdivision plats.
(4)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat by the Chairperson and
Secretary of the Planning Board 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 190 days from
the date of signing of the plat.
(5)
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to Article XI of this chapter.
D.
Effect of final approval of major subdivision and
major site plan.
(1)
The zoning requirements applicable to the preliminary
approval granted and all other rights conferred upon the developer
pursuant to preliminary approval whether conditionally or otherwise
shall not be change for a period of two years after the date of final
approval; provided that in the case of major subdivision the rights
conferred by this section shall expire if the plat has not been duly
recorded within the time period provided in N.J.S.A. 40:55D-54. If
the developer has followed the standards prescribed for final approval
and in the case of subdivision has fully recorded the plat, the Planning
Board may extend such period of protection for extensions of one year,
but not to exceed three extensions.
A.
Concurrent jurisdiction. The Zoning Board of Adjustment
has concurrent jurisdiction to hear applications under this article
when those applications involve an application for a use variance
pursuant to N.J.S.A. 40:55D-70(d).
B.
Exercise of power. The Zoning Board of Adjustment shall have all of the power awarded to the Planning Board under this article and shall follow all of the procedures set forth herein when reviewing applications for subdivisions and site plans pursuant to its concurrent jurisdiction, except that the Zoning Board of Adjustment shall not conduct a preapplication conference or consider a concept plan, as set forth in § 135-67 of this chapter.
A.
Purpose. The documents to be submitted are intended
to provide the Planning Board with sufficient information and data
to assure compliance with all municipal codes and specifications and
ensure that the proposed development meets the design and improvement
standards contained in this chapter. The specification of documents
to be submitted is based on the type of development and particular
stage of development application.
B.
Required documents. The documents to be submitted
are shown on Exhibit 1.[1]
(1)
The
Green Development Procedures Checklist[2] is a required submission item for minor site plans, preliminary
major subdivisions and preliminary major site plans but compliance
with the checklist items shall not be mandatory nor a condition of
approval unless otherwise specified by Borough ordinance or required
by the State of New Jersey. The documents to be submitted are shown
on Exhibit 1.
[Added 12-10-2013 by Ord. No. 2013-10]
[2]
Editor's Note The Green Development Checklist is on file in
the Borough offices.
[1]
Editor’s Note: Exhibit 1 is included as an attachment to this chapter.
C.
Waiver of application requirements. In specific cases
and for documented reasons, the Administrative Officer may waive the
submission of a particular document. The Administrative Officer shall
send notice of said waiver with the reasons, to the applicant, Borough
Engineer, and any committee of the Board designated to review said
subdivision or site plan application.
