A.
Purpose. Such regulations are deemed necessary to
achieve the following purposes:
(1)
Promote orderly development to protect the character
and to maintain the stability of all areas within the community and
to promote the orderly and beneficial development of such areas.
(2)
Promulgate rules and regulations to provide rules,
regulations and procedures where applicable and to the extent the
same have not been otherwise promulgated by ordinance in the Borough
of Wharton which will guide the appropriate development of lands within
the Borough in a manner which will promote the public health, safety,
morals and general welfare.
(3)
To protect against hazards and danger; to secure safety
from fire, flood, panic and other natural and man-made disasters.
(4)
Design standards to encourage the design and location
of streets which will promote the free flow of traffic while discouraging
the location of such facilities and routes which will result in congestion.
(5)
Creative development techniques to promote a desirable
physical environment through creative development techniques, design
and arrangement.
(6)
Open spaces to promote the conservation of open space
and to protect the natural resources and to prevent overcrowding through
improper land use.
B.
Conditional approval. The applicant shall comply with
reasonable conditions laid down by the approving authority for design,
dedication, improvements and the use of the land to conform to the
physical and economical development of the municipality and to the
safety and general welfare of the future residents/owners in the development
and the community at large. Where County Planning Board review or
approval is required on a subdivision or site plan, the approving
authority shall condition any approval it grants upon either timely
receipt of a favorable report from the County Planning Board or approval
by the County Planning Board due to its failure to submit a report
within the required time period. If the county's report is timely
and negative or attaches mandatory conditions, the original action
by the municipal approving authority shall be void, and the application
shall be denied, and a new resolution shall be adopted which considers
the County Planning Board's report.
C.
Exceptions to design and performance standards. The
approving authority, when acting upon applications, shall have the
power to grant such exceptions from the subdivision and site plan
requirements of this chapter as may be reasonable and within the general
purpose and intent of the provisions for subdivisions, plat, site
plan review and approval if the literal enforcement of one or more
provisions of this chapter is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the land in question.
D.
Exemptions from subdivision and site plan regulations.
The approving authority may waive required notices and hearings for
exempt subdivisions and exempt site plans except where a variance
or conditional use is part of the application. Divisions of land not
considered a subdivision as defined in this chapter shall be exempt
from compliance with the requirements of this chapter only after affirmative
action by the approving authority. Such action shall be taken following
submission of documentation to the approving authority showing the
division of land for agricultural purposes where all resulting parcels
are 10 acres or larger in size; divisions by testamentary or intestate
provisions; division of property by court order and conveyance so
as to combine existing lots by deed or other instrument, as the case
may be. Until exempted from the subdivision regulations by the approving
authority, no person can transfer, sell or agree to transfer or sell,
as owner or agent, any land which forms a part of a subdivision for
which approval is required. Until exempted from the site plan regulations
by the approving authority, no alterations or improvements shall be
made nor permits issued.
E.
Simultaneous review or separate applications.
(1)
The approving authority shall have the power to act
upon subdivisions, conditional uses or site plans simultaneously without
the developer making further application or the approving authority
being required to hold further hearings. The longest time period for
action by the approving authority, whether it is for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer in conjunction
with a site plan or subdivision, notice of the hearing on the plat
shall include reference to the request for such conditional use.
F.
Use variance applications. All use variance applications
shall be accompanied by plans plus other supporting documents as required
for subdivision and site plan approval. (See also § 14-23B.)
G.
Submission of concept plan for informal review.
[Amended 3-22-2004 by Ord. No. O-6-04]
(1)
An informal review of a concept plan is optional.
At the request of the developer, the Planning Board shall grant an
informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
The purpose will be to review concepts to assist the applicant in
the preparation of subsequent plans. Other than classification, no
decisions will be made, no hearings held and no formal action taken.
Neither the developer nor the approving authority shall be bound by
this informal review.
(2)
Filing procedure and information for concept review.
(a)
The developer shall file with the Secretary,
at least 15 days prior to the meeting of the approving authority,
16 copies of the concept plan and five copies of the completed application
form.
(b)
The concept plan is considered a sketch or general
plan, neither fully engineered nor surveyed. Information used to prepare
the concept plan can be available from secondary source information
such as the Soil Conservation Survey Map or U.S. Geodetic Survey Maps
but should be sufficiently detailed to allow the Planning Board to
make suggestions on general site design and layout for circulation,
stormwater management, location of open space and buffers and building
arrangements and to determine how the land use code affects the proposal.
Preliminary plats are required for all major
site plans and major subdivisions,
A.
Filing procedure.
(1)
The developer shall complete all portions of the application
form and, along with one copy of a plan, file with the Zoning Officer
no later than 25 days prior to the date set for the hearing. This
initial application will be reviewed for completeness and returned
with notations and/or suggestions for the applicant to prepare the
final application. Within 15 days of the scheduled meeting the following
material must be submitted to the Zoning Officer: 16 copies of the
application, all plot plans, maps and other papers required by virtue
of any provisions of this chapter, as well as the applicable fee and
certification by the Tax Collector that all taxes are paid to date.[1]
(2)
A corporation or partnership applying for permission
to subdivide a parcel of land into six or more lots, or for a variance
to construct a multiple dwelling of 25 or more family units, or for
approval of a site to be used for commercial purposes shall list the
names and addresses of all stockholders or individual partners owning
at least 10% of its stock of any class or at least 10% of the interest
in the partnership, as the case may be. If a corporation or partnership
owns 10% or more of the stock of a corporation or a 10% or greater
interest in a partnership, subject to the above disclosure, that corporation
or partnership shall list the names and addresses of its stockholders
holding 10% or more of its stock or a 10% or greater interest in the
partnership, as the case may be, and this requirement shall be followed
by every corporate stockholder or partner in a partnership until the
names and addresses of the noncorporate stockholders and individual
partners exceeding the ten-percent ownership criterion established
in this subsection have been listed. No Planning Board or municipal
governing body shall approve the application of any corporation or
partnership which does not comply with this requirement of N.J.S.A.
40:55D-48.1. The penalty for concealment by a corporation or a partnership
shall be as outlined in N.J.S.A. 40:55D-48.1.
(3)
At the Board's discretion, the applicant may be required to include a complete environmental impact statement (§ 165-71). The applicant may request a waiver of any or all of its requirements. If a waiver is requested, the approving agency shall either approve, approve in part or disapprove the request at the first regular meeting at which the application is heard. The applicant shall provide any required data at least 15 days prior to the date the approving authority is required to act.
B.
Action by approving authority.
(1)
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified, in writing, within 45 days of submission in accordance with § 165-11.
(2)
Public hearing. If accepted as an application, a public
hearing date shall be set by the approving authority and notice given.
(3)
Upon submission of a plat, the Zoning Officer shall
submit one copy of the plat and supporting data to the County Planning
Board, Municipal Engineer, Environmental Commission, Board of Health
and any other agency or person as directed by the approving authority
for review and action. Each shall have not more than 30 days from
receipt of the plat to report to the approving authority. In the event
of disapproval, such report shall state the reasons therefor. If any
agency or person fails to submit a report within 30 days, the plat
shall be deemed to have been approved by it. Upon mutual agreement
between the County Planning Board and the approving authority, with
approval of the developer, the thirty-day period for a County Planning
Board report may be extended for an additional 30 days, and any extension
shall so extend the time within which the approving authority is required
to act.[2]
(4)
The approving authority shall grant or deny preliminary
subdivision approval within the following time periods unless some
further time has been consented to by the developer. Otherwise, the
approving authority shall be deemed to have granted preliminary approval
of the subdivision.
(5)
The approving authority shall grant or deny preliminary
site plan approval within the following time periods unless some further
time has been consented to by the developer. Otherwise, the approving
authority shall be deemed to have granted preliminary approval of
the site plan.
(6)
If the approving authority required any substantial
amendment in the layout of improvements in either a site plan or subdivision,
and that plan had been the subject of a hearing, an amended application
shall be submitted and proceeded upon as in the case of the original
application for development. The approving authority shall, if the
proposed development complies with this chapter, grant preliminary
approval.
(7)
The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report (§ 165-71). The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 165-26. If the approving authority grants preliminary approval, its Chairman and Secretary, or the Vice Chairman or Assistant Secretary in their absence, respectively, and the Municipal Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse.
(8)
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval; otherwise, the approval shall be void. (See § 165-11.)
(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 size; yard dimensions; off-tract improvements;
and any requirements peculiar to site plan approval, except that nothing
herein shall be construed to prevent the Borough from modifying, by
ordinance, such general terms and conditions of preliminary approval
as relate 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 plat.
(c)
That the applicant may apply for, and the approving
authority may grant, extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years.
(9)
In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(8)(a), (b) and (c) above for such period of time longer than three years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval; economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.
A.
Filing procedure.
(1)
Prior to the expiration of preliminary plat approval,
the developer shall file with the Zoning Officer, at least 15 days
prior to the meeting of the approving authority, two translucent tracing
cloth or Mylar copies; nine black-on-white paper prints of the plat;
two completed copies of the application form and final plat checklist;
the performance guaranty approved by the governing body, including
off-tract improvements, if any; any maintenance guarantees; the applicable
fee; certification by the Tax Collector that all taxes are paid to
date; certification by the Soil Conservation District pursuant to
the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws
of 1975 (N.J.S.A. 4:24-39 et seq.); and if common open space lot or
lots are included in the application, a separate map showing the individual
lot or lots that are to be designated as common open space, which
map shall have shown thereon the data listed on the Application Checklist
in Appendix A.[1][2]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(2)
Where utility services are to be extended to the development,
the final plat shall be accompanied by letters directed to the Chairman
of the approving authority and signed by a responsible officer of
the water company, sewer authority and utility which provide gas,
telephone and electric that have jurisdiction in the area. Such letters
shall approve each proposed utility installation design and state
who will construct the facility.
(3)
The final plat shall be accompanied by a statement
by the Municipal Engineer that he is in receipt of a map showing all
utilities and other improvements (both in the development and off-tract
improvements) in exact location and elevation; that he has examined
the street, drainage erosion, stormwater control and excavation plans
and found that the interests of the Borough and of nearby properties
are fully protected and identifying those portions of any improvements
already installed; and that the developer has either:
B.
Action by approving authority.
(1)
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified within 45 days of submission. (See § 165-11.) If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat, and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a minor or exempt subdivision or minor or exempt site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.
(2)
Final approval shall be granted or denied within 45
days after submission of a complete application to the Zoning Officer
or within such further time as may be consented to by the applicant.
An approved final plat shall be signed by the Chairman and Secretary
of the approving authority, or the Vice Chairman or Assistant Secretary
in their absence, respectively. Failure of the approving authority
to act within the period prescribed shall constitute final approval,
and a certificate of the Zoning Officer as to the failure of the approving
authority to act shall be issued on request of the applicant. Such
certificate 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.[3]
(3)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6,
the approving authority shall condition any approval that it grants
upon timely receipt of a favorable report from the County Planning
Board or upon its failure to submit a report within the required time
period.
(4)
Final approval of a minor subdivision shall expire
190 days from the date of municipal approval unless a plat in conformity
with such approval, including any conditions imposed by the approving
authority, and in conformity with 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 Borough Tax Assessor.
Such plat or deed accepted for such filing shall have been signed
by the Chairman and Secretary of the approving authority, or the Vice
Chairman or Assistant Secretary in their absence, respectively. In
reviewing the application for development for a proposed minor subdivision,
the approving authority may accept a plat not in conformity with the
Map Filing Law, provided that, if the developer chooses to file the
minor subdivision by plat rather than deed, such plat shall conform
to the provisions of said law.
(5)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the county
recording officer. The approving authority may for good cause shown
extend the period for recording for an additional period not to exceed
190 days from the date of the signing of the plat. No subdivision
plat shall be accepted for filing by the county recording officer
until it has been approved by the approving authority as indicated
on the instrument by the signature of the Chairman and Secretary of
the approving authority, or the Vice Chairman or Assistant Secretary
in their absence, respectively, or a certificate has been issued as
to the failure of the approving authority to act within the required
time. The signatures of the Chairman and Secretary shall not be affixed
until the developer has posted the required guarantees. If the county
recording officer records any plat without such approval, such recording
shall be deemed null and void, and upon request of the municipality,
the plat shall be expunged from the official records. It shall be
the duty of the county recording officer to notify the Planning Board,
in writing, within seven days of the filing of any plat, identifying
such instrument by its title, date of filing and official number.
(6)
Provided that the approved final subdivision plat
has been filed with the county recording officer, the zoning requirements
applicable to the preliminary approval first granted to a site plan
or a major subdivision and all other rights conferred upon the developer
pursuant to the Municipal Land Use Law, whether conditionally or otherwise,
shall not be changed for a period of two years after the date of final
approval. If the developer has followed the standards prescribed for
final approval, the approving authority may extend such period of
protection for extensions of one year but not to exceed three extensions.
Upon granting of final approval, the rights conferred upon the applicant
by the granting of preliminary approval shall be terminated upon final
approval.
(7)
Provided that the approved final plat of a minor subdivision
has been filed with the county recording officer, the zoning requirements
and general terms and conditions, whether conditional or otherwise,
upon which minor subdivision approval was granted shall not be changed
for a period of two years after the date of minor subdivision approval.
(8)
In the case of a subdivision or site plan for a planned development of 50 acres or more or a conventional subdivision or site plan of 150 acres or more, the approving authority may grant the rights referred to in Subsection B(6) and (7) above for such period of time longer than two years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for and the approving authority may thereafter grant an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval; the number of dwelling units and nonresidential floor area remaining to be developed; economic conditions and the comprehensiveness of the development.
(9)
The developer shall supply sufficient copies of the
approved final plat so the Zoning Officer can distribute one copy
to each of the following: Borough Clerk, Construction Official, Tax
Assessor, County Planning Board, Borough Planning Board and any other
agency or person directed by the approving authority, and shall supply
one translucent cloth or Mylar copy to the Municipal Engineer.[4]
Plat conformity. All applications shall be submitted
in plat form, and all plats shall conform to the submission requirements.
All plats shall be drawn by a licensed land surveyor, and all drawings
of improvements shall be prepared by a professional engineer, and
all such drawings shall bear the signature, embossed seal, license
number and address of the preparer. Subdivision requirements are set
forth in Forms 1 and 2 in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A.
Plat conformity. All applications shall be submitted
in plat form, and all plats shall conform to submission requirements.
All plats shall be drawn by a licensed New Jersey land surveyor and
shall bear the signature, embossed seal, license number and address
of the land surveyor, except that plats submitted under the informal
discussion provisions and sketch plats of minor site plans are exempt
from this requirement. All drawings showing improvement designs shall
bear the signature and embossed seal, license number and address of
a licensed professional engineer of the State of New Jersey.
B.
Informal site plans for review and classification shall include the same data as required in § 165-45G, plus lot lines, proposed building(s), parking, loading, on-site or on-tract stormwater detention facilities and water and sewer service.
C.
Preliminary site plan plat.
(1)
Every preliminary site plan shall be at a minimum
graphic scale of one inch equals 10 feet, 20 feet, 30 feet, 40 feet
or 50 feet, certified by a New Jersey licensed architect or engineer,
including accurate lot lines certified by a New Jersey licensed land
surveyor and submitted on one of the four following standard sheet
sizes: 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24
inches by 36 inches, or 30 inches by 42 inches. The data shall be
shown on the site plan or accompany it, in accordance with checklist
items set forth in Form 3 and Appendix A.[1]
[1]
Editor's Note: Forms and Appendix A are included
at the end of this chapter.
(2)
Site plan information for preliminary and final approval. Each site plan shall include the following information and shall be designed to comply with Articles IV, V and VI.
(a)
Building and use plan. The plan shall allow
the size, height, location, arrangement and use of all proposed structures
and signs, including the architect's scaled elevation of the front,
side and rear of any structure and sign (existing structure shall
be identified either to remain or to be removed), and a written description
of the proposed use(s) of nonresidential buildings, including the
number of employees or members, the proposed number of shifts to be
worked and the maximum number of employees on each shift, expected
truck and tractor-trailer traffic, emission of noise, glare, vibration,
heat, odor, air and water pollution, safety hazards and anticipated
expansion plans incorporated in the building design. Floor plans shall
be submitted. In apartment and townhouse projects, the number of dwelling
units, by type, shall be shown.
(b)
Circulation plan. This plan shall show access
streets by name, acceleration/deceleration lanes, curbs, sight triangles,
traffic channelization, traffic signs, easements, fire lanes, driveways,
parking and loading spaces, pedestrian walks, bikeways and related
facilities for the movement and storage of goods, vehicles and persons.
Sidewalks shall be shown along expected paths of pedestrian travel,
such as, but not limited to, access from buildings to parking lots,
driveways and other buildings on the site. Any building expansion
plans shall show feasible parking and loading expansion.
(c)
Natural resources plan. This plan shall show existing and proposed wooded areas, buffer areas, including the intended screening devices and buffers, seeded and/or sodded areas, ground cover, retaining walls, fencing, signs, recreation areas, shrubbery, trees and other landscaping features. These plans shall show the location, number, species and caliper of plant material and trees to be located on the tract. All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation as outlined under the soil erosion and sediment control regulations (§ 165-80) and the floodplain regulations (§ 165-73), as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.
(d)
Facilities plan. This plan shall show the existing
and proposed locations of all drainage and stormwater runoff; open
space; common property; fire, gas, electric, telephone, sewerage and
water line locations; lighting and solid waste collection and disposal
methods, including proposed grades, sizes, capacities and materials
to be used for facilities installed by the developer. Installations
by utility companies need only show their locations on the plat. All
easements acquired or required on tract and off tract shall be shown,
and copies of legal documentation that support the granting of an
easement by the owner of an off-tract lot shall be included. All proposed
lighting shall include the direction, angle and height of each source
of light. All utilities shall be installed underground. All required
state and federal approvals for environmental considerations shall
be submitted before preliminary approval or be a condition of approval.
All public services shall be connected to an approved public utilities
system where one exists.
(e)
Temporary contractor's construction structures
and storage areas. The location of all proposed trailers, warehousing,
storage facilities and temporary contractor's office shall be shown,
giving consideration to the proximity of residential development and
located so that they are not an eyesore to adjoining landowners and
the passing public. The landscaping plan shall show how these facilities
will be screened or buffered and how they will be maintained during
construction by the developer. The Construction Code Official or Borough
Engineer shall be authorized to grant temporary permits and exceptions
to this subsection when the trailers or storage facilities are of
a small size and are not to be in a location for more than 60 days.
D.
Final site plan plat. The final plat shall follow
preliminary site plan requirements and shall include all changes required
as a condition of preliminary approval.