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 by 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 negative or attaches conditions, the original
action by the municipal approving authority shall be null and void
and a new resolution shall be adopted which considers the County Planning
Board's report.
The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary site plan approval, shall have the power to grant such exceptions from the design and performance standards in Article
VI of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision/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.
The approving authority may waive required notices and hearings
for minor and exempt subdivisions and 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 five acres or larger in size; divisions by testamentary or intestate
provisions; divisions of property by court order; and conveyances
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.
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 holding 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.
[Amended 12-27-1979 by Ord. No. 32-79]
A. A site plan approval is required for all developments which do not meet the definition of "site plan, exempt" in Article
III.
B. The Zoning Officer, with the consent of the Borough Manager, is authorized
to issue site plan waiver approval in the event that he determines
that there is no change in circulation, parking, drainage, relationship
of buildings to each other, landscaping, buffering, lighting or other
considerations of site plan review by reason of the proposed construction
or alteration or change of use or expansion of use or use of buildings
or land. The Zoning Officer, with the approval of the Borough Manager,
may consult with the Borough Engineer regarding a waiver application
hereunder. A copy of the waiver approvals issued under this section
shall be forwarded to the Washington Borough Planning Board by the
Zoning Officer.
[Amended 11-6-1989 by Ord. No. 15-89]
C. Minor site plan approval may be applied for by the applicant filing with the administrative officer, 21 days before the meeting of the approving authority, 15 copies of a site plan conforming to the requirements of §
94-35E hereof and meeting the design and performance standards contained in Article
VI, Design and Performance Standards, of this chapter. The applicant may make application for both preliminary and final approval of such a minor site plan at the same time, and the approving authority shall be permitted to grant such relief, if appropriate, or to bifurcate the application into preliminary and final stages or to grant conditional approvals.
[Added 11-6-1989 by Ord. No. 15-89]
Preliminary plats are required for all major site plans and
major subdivisions.
A. Filing procedure.
(1) The developer shall submit the following to the administrative officer at least 21 days prior to the public meeting of the approving authority: 15 blue- or black-on-white copies of the preliminary plat; two completed copies of the application form for preliminary approval; two completed copies of the preliminary plat checklist; two copies of any protective covenants, deed restrictions and easements applying to the land being developed; two copies of the drainage calculations and soil erosion and sediment control data as required in Article
VI of this chapter; the applicable fee; certification by the Tax Collector that all taxes are paid to date; and full disclosure of ownership in accordance with the provisions of the Municipal Land Use Law.
[Amended 11-6-1989 by Ord. No. 15-89]
(2) The application shall include a complete environmental impact report
or a written request for 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 within 15 days or at least 15 days prior to the date
the approving authority is required to act, whichever comes first.
B. Action by the approving authority.
(1) The approving authority shall accept or reject the submission as
a complete application and, if rejected, notify the applicant within
45 days of submission.
(2) Public hearing. If found to be a complete application by the approving
authority, a public hearing date shall be set and notice given.
(3) Upon submission of a plat, the administrative officer shall submit
one copy of the plat and supporting data to the County Planning Board,
Municipal Engineer 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 them. 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.
(4) A subdivision of 10 or fewer lots shall be granted or denied within
45 days of the date of a complete submission or within such further
time as may be consented to by the developer. With more than 10 lots,
the approving authority shall grant or deny preliminary approval within
95 days of the date of a complete submission or within such further
time as may be consented to by the developer. Otherwise, the approving
authority shall be deemed to have granted preliminary approval to
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:
(a)
A site plan for 10 acres or less: within 45 days of the date
of a complete submission.
(b)
A site plan of more than 10 acres: within 95 days of the date
of a complete submission.
(6) If the approving authority requires any substantial amendment in
the layout of improvements in either a site plan or subdivision and
that plan has 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. The decision shall be in writing and shall be sent to the applicant and the newspaper as required by public hearing notices. (See §
94-21.) If the approving authority grants preliminary approval, its Chairman and Secretary, or the Vice Chairman or Assistant Secretary in their absence, respectively, and 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, except as provided in Subsection
B(8)(d) below, 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:
(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 and off-tract improvements; 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,
provided that, if the design standards have been revised by ordinance,
such revised standards may govern.
(d)
In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsections
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.
[Added 2-17-2004 by Ord. No. 4-2004]
Severe slopes and critical slopes, as defined herein, shall
be identified on subdivision plats and site plans. No more than 30%
of the total area of severe slopes on a lot shall be disturbed. There
shall be no disturbance of critical slopes, except that an access
driveway and an access for utility services may cross slopes greater
than 25%, provided they generally follow contours and conform to the
Driveway Ordinance. No structure may be erected on slopes greater
than 25%.