City of Vineland, NJ Subdivision and Site Plan Review and Approval

Approval of subdivision plats shall be by resolution of the Planning Board as a condition for the filing of such plats with the County Recording Officer, and approval of site plans shall be by resolution of the Planning Board as a condition for the issuance of a permit for any development, provided that the resolution of the Zoning Board of Adjustment shall substitute for that of the Planning Board whenever the Zoning Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to § 425-356B.

Exemption. One single-family dwelling upon a lot or one two-family dwelling upon a lot is exempt from site plan review. Development of one single-family dwelling and one two-family dwelling upon the same lot or of multiple two-family dwellings upon the same lot, if permitted, requires site plan review.

[Amended 7-23-2002 by Ord. No. 2002-49]

§ 425-43 Referral of land development ordinances and amendments to Planning Board.

All ordinances which regulate land development in the City of Vineland, or any amendments thereto, shall be referred to the Planning Board prior to hearing and adoption.

§ 425-44 Submission to County Planning Board.

Each application for subdivision approval, where required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), and each application for site plan approval, where required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), shall be submitted by the Board, unless the applicant elects to send it, to the County Planning Board for review or approval. In such case, the municipal board shall condition its approval upon the timely receipt of a favorable report from the county board or approval of said board by its failure to act within the required time period.

§ 425-45 Purposes of procedures and reviews.

The submission and processing of development plans and the standards for preliminary and final approvals, as set herein, are intended to and shall be applied to ensure:

Consistency with the zoning provisions of this chapter.[1]

[1]

Editor's Note: See Art. XV, Zoning, of this chapter.

The creation of properly designed streets and accessways which can accommodate prospective traffic, provide access for emergency vehicles, adhere to the circulation element of the Master Plan, are oriented to maximize solar gain and which are no more than 50 feet wide within the right-of-way lines unless said street is an extension of an existing street of greater width or is shown on the Master Plan at the greater width.

That adequate water supply, drainage facilities, shade trees, sewer lines and other utilities necessary for essential services are provided.

That areas to be reserved for public use shall be of suitable size, shape and location.

That open space to be set aside for residents of a planned development is protected by the establishment of an open space organization.

That lands subject to flooding are effectively regulated to avoid danger to life and property.

That soils are protected from wind and water erosion or from excavation or grading.

That plans conform to standards set by the Commissioner of Transportation pursuant to the Air Safety and Hazardous Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.).

That streets are properly graded, improved and constructed, and that surety is provided for all required installations.

That subdivisions and site plans shall conform to the zoning requirements.

That performance shall be in substantial accordance with the final development plan.

That off-tract improvements necessitated by a subdivision or site plan development are provided.

That planned development which promotes flexibility and economy in layout and design is encouraged.

That open space in planned developments is adequate and properly reserved, utilized and maintained.

That the Planning Board may allow a greater concentration of density or intensity of land use within a section of a planned development than in another, provided that it is offset by a smaller concentration elsewhere or by the provision of additional open space.

That provisions are made and requirements are set for the timing of development in stages.

That provisions to protect the public interest and the interest of the residents in the total completion of a planned development are adequate in the case of phased construction.

That no taxes or assessments are due or delinquent on property proposed for development.

§ 425-46 (Reserved) [1]

[1]

Editor's Note: Former § 425-46, Site Plan Review Advisory Board, as amended, was repealed 7-28-2009 by Ord. No. 2009-52.

§ 425-47 Cost of off-tract improvements.

Where off-tract water, sewer, drainage and street improvements are necessitated by a proposed development, the Planning Board may, as a condition of approval, require that the cost of the off-tract improvement be:

(1)

Borne solely by the applicant if no other property owner receives a special benefit; or

(2)

Shared if other property owners receive a special benefit.

If the Planning Board determines that properties outside a proposed development will benefit from the required off-tract improvements, the Board shall send to the governing body a list of the required off-tract improvements and request advice as to the procedure for installation. The Board shall act within 120 days if no determination is received from the governing body.

The governing body shall advise the Planning Board within 90 days that the improvements shall be installed under one of the following:

(1)

As a general improvement with the costs borne at public expense, including a contribution from the developer;

(2)

As a local improvement with the costs assessed against the properties directly benefited, including a contribution from the developer; or

(3)

As a direct cost to the developer under a formula for partial reimbursement.

If the governing body determines that the improvements shall be installed as a general improvement, the Board shall approve the estimate by which the total cost exceeds the total amount of benefit to all the properties, including the development property, and the developer shall be liable to the City for such excess.

If the governing body determines that the improvements shall be installed as a local improvement, the Board shall estimate the difference between the total cost and the total amount of benefit to the subject properties, including the development property, and the developer shall be liable for such difference as well as for the amount assessed to the development property.

If the governing body determines that the improvements shall be installed as a direct cost to the developer, the Board shall estimate the total cost and the portion attributable to the development property. The developer shall be reimbursed by the City for the costs not attributable directly to the development property. Such reimbursements shall be made if, as and when assessments against other properties benefiting are received by the City. The assessment against the development property shall be marked paid and satisfied in consideration of the improvements installed solely by the developer.

The governing body shall adopt an ordinance authorizing any assessments as provided by law.

§ 425-48 Reservation of public areas.

Where the Master Plan or Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas within a proposed development, the Planning Board may require, before approving a subdivision or site plan, that such street, way, basin or area be shown on the final plat.

The developer may deed the designated area to the City with the proviso that the land be used only for the designated purpose at the appropriate future time and, in the event that a subsequent revision of the Master Plan or Official Map shall deem the area or purpose void, that the land be returned to the developer.

The Planning Board may reserve such land for a period of one year after final approval and so advise the governing body. If the governing body has not moved within said year to purchase or condemn according to law, the developer may apply to use the land in accordance with the applicable development regulations and procedures.

These provisions shall not apply to the streets, ways, basins or areas necessitated by the development itself and required for final approval.

§ 425-49 Application by corporation or partnership.

A corporation or partnership applying for approval to develop land into six or more lots or applying for a variance to construct a multiple dwelling of 25 or more units or applying for approval of a site for commercial use shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock or having a least a ten-percent interest in the partnership.

The requirement of Subsection A shall be followed by every corporate stockholder or partner until the names and addresses of the noncorporate stockholders and individual partners, excluding the ten-percent ownership criterion, have been listed.

No board or other municipal body shall approve a corporation or partnership development application which does not comply with this section.

Any corporation or partnership which conceals this information shall be subject to a fine of $1,000 to $10,000, which fine shall be recovered in any court of record in a summary manner pursuant to law.

§ 425-50 Exception from requirements.

If the literal enforcement of a provision of this chapter is impractical or will exact undue hardship because of the peculiar conditions of the land, the Planning Board shall have the power to grant such exception from the requirement as may be reasonable and within the general purpose and intent of the provisions for preliminary or minor subdivision approval or for preliminary site plan approval.

§ 425-51 Simultaneous review and approval of conditional uses or site plans.

The Planning Board shall have the power to approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board shall apply. Whenever approval of a conditional use is requested, notice of the hearing on the plat shall include reference to the request for such conditional use.

§ 425-52 Guarantees required; surety; release.

[Amended 1-13-2004 by Ord. No. 2003-73; 4-10-2007 by Ord. No. 2007-24; 11-13-2012 by Ord. No. 2012-50; 5-8-2018 by Ord. No. 2018-28]

Before filing of final major subdivision plats, or recording of minor subdivision plats or deeds, or as a condition of final site plan approval, or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65(d), the City shall require and shall accept, in accordance with the standards in this section and the regulations contained in N.J.S.A. 40:55D-33, as amended, the furnishing of performance guarantees and provision for maintenance guarantees, for the purpose of assuring the installation and maintenance of certain on-tract improvements. More specifically, the City shall require the furnishing of a performance guarantee for improvements required by an approval or developer's agreement, ordinance or regulation to be dedicated to a public entity that have not yet been installed; a performance guarantee for privately owned perimeter buffer landscaping; a temporary certificate of occupancy guarantee; a safety and stabilization guarantee; and provision for a maintenance guarantee, for the purpose of assuring the installation and maintenance of certain on-tract improvements; and a maintenance guarantee for the purpose of assuring the installation and maintenance of certain private site improvements, in accordance with the standards in this section and the regulations contained in N.J.S.A. 40:55D-53, as amended. Until such time as the Department of Community Affairs adopts by regulation a standardized form for a performance guarantee, a maintenance guarantee and letter of credit, pursuant to N.J.S.A. 40:55D-53(a), the standardized forms adopted by resolution of City Council shall be used verbatim.

[Amended 5-28-2019 by Ord. No. 2019-40]

In addition to the requirements stipulated in N.J.S.A. 40:55D-65(d)(1), the request submitted by the obligor upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements shall also be accompanied by as-built plans that shall indicate plan review, bench mark, elevations, stations, sanitary sewer, water main, gas main, storm sewer, manholes and all other structures associated with the work of the application with sufficient information to locate all facilities. Underground utilities shall be shown in plan and profile views. Where survey accuracy is not utilized for the establishment of NJSPC, submeter coordinates shall be used and noted on the plans. The as-built information shall be blocked in as thus

and shown on the originally approved construction drawings. Each sheet of the originally approved set shall contain an "as-built certificate" that shall read as follows:

AS-BUILT CERTIFICATION
I hereby certify that the information shown on this record drawing is an accurate and complete representation of data established from field inspection obtained under my direction and that the facility or facilities have been constructed according to the approved plans, except as noted hereon.
NAME	NJPE License No.
TITLE	DATE

§ 425-53 Filing of subdivision plats; notification.

Final approval of a major subdivision shall expire 95 days from the signing of the plat unless the plat shall have been properly filed with the County Recorder. For good cause shown, the Planning Board may extend this period but not to exceed 190 days from the signing of the plat.

The County Recorder shall accept no subdivision plat for filing unless it has been signed by the Chairman and the Secretary of the Board. Said signatures shall not be affixed before surety is posted and approved.

The County Recorder shall notify the Board in writing within seven days of the filing of any plat, identifying it by title, date of filing and official number.

At the same time notification is sent to the Board as specified by Subsection C, the County Recorder shall send a copy of such notification to the Municipal Tax Assessor.

§ 425-54 Sale of land before approval; violations and penalties.

If any person sells, transfers or agrees to sell or transfer any land prior to subdivision approval, except by agreement contingent upon final approval, such person shall be subject to a penalty not to exceed $1,000, and each lot so disposed shall be deemed a separate violation.

In addition, the City may institute civil action for injunctive relief and to set aside such sale or contract of sale if a certificate of compliance has not been issued as provided under § 425-55 of this article.

In any such action, the purchaser or grantee shall be entitled to a lien upon the portion of land that remains in the possession of the developer or his assigns to secure the return of any deposits made or purchase price paid. The time for such action to be taken shall be two years after the date of the recording of the instrument of transfer or within six years if the instrument of transfer is unrecorded.

§ 425-55 Certificates showing approval; contents.

An interested party may apply in writing to the Secretary of the Board for the issuance of a certificate stating whether or not a subdivision has been approved by the Board. Said certificate shall be issued within 15 calendar days after receipt of the written request and fees therefor. Each certificate shall be designated "a certificate as to approval of subdivision of land" and shall certify that:

A duly established Planning Board and an ordinance governing subdivision of land exists in the City of Vineland.

The subdivision has been duly approved, giving date, terms and extensions, if any.

Said subdivision, if it has not been approved, is statutorily exempt from the requirement of approval.

§ 425-56 Right of property owner covered by certificate showing approval.

[Amended 4-10-2007 by Ord. No. 2007-24]

Any person who acquires for a valuable consideration an interest in land covered by a certificate of approval shall hold such interest free of any right, remedy or action which may be instituted under § 425-54. This provision also applies if a certificate is not duly issued within 15 days as specified under § 425-55.

§ 425-57 Applicability to condominiums and cooperative structures and uses.

The development regulations of this chapter shall be applied without regard to the form of ownership. No approval shall be required as a condition to the recording of a condominium deed or the sale of any unit therein except as provided by law.

§ 425-58 Concept plans.

[Amended 2-12-2002 by Ord. No. 2002-2]

The developer may submit, prior to the preparation of a detailed plan, a concept plan for discussion purposes and to obtain input and direction as may be needed or specifically requested.

The concept presentation shall include such data as is reasonably necessary to inform and properly advise the applicant concerning the particular site.

Though a concept presentation is not required, it is encouraged in the interests of saving time and costs to all concerned with the land development process. No fee shall be required for such presentation, no time limits shall be applied, and no official actions shall be taken.

§ 425-59 Submission of application; contents of complete application.

[Amended 12-23-1986 by Ord. No. 86-84; 10-8-1996 by Ord. No. 96-82; 2-12-2002 by Ord. No. 2002-2; 7-23-2002 by Ord. No. 2002-49]

All applications for development approval shall be submitted to the Planning Division. There shall be no submission deadline. All applications received by the Planning Division shall be reviewed for completeness by the Engineering and Planning staff within statutory time limitations. Those applications deemed complete shall then be forwarded for technical review.

[Amended 7-28-2009 by Ord. No. 2009-52]

A complete application shall consist of the following.

[Amended 11-14-2006 by Ord. No. 2006-93; 4-10-2007 by Ord. No. 2007-24]

(1)

For a minor subdivision or resubdivision of land:

(a)

Six copies of the plat, prepared from a current survey performed not more than 18 months prior to the date of the application (plus four copies if the application must go to the County Planning Board).

(b)

One digital copy of the plat in a format compatible with the City Engineer's electronic drafting and GIS systems, using NJ State Plane Coordinate System and NAD 83. Where survey accuracy is not utilized for the establishment of NJSPC, sub-meter coordinates shall be used and noted on the plans.

(c)

One copy of the application form and disclosure statement, with all required signatures including that of Tax Collector.

(d)

An affordable housing production plan providing a calculation of the affordable housing obligation for the development based on the proposed development and COAH's third round rules; the manner in which the affordable housing obligation is to be addressed; a plan indicating the location of all proposed affordable units where units are to be provided on site or off site and the manner in which they shall comply with the growth share and development fee ordinances and applicable COAH regulations.

(e)

The review fee as set under § 425-5 of Article I.

(f)

An affidavit setting forth the names and addresses of all the record title owners of the lands subdivided by the map and written consent to the approval of the map of all those owners.

[Added 11-13-2012 by Ord. No. 2012-50]

(g)

One copy of any existing or proposed deed restrictions or covenants, if any.

[Added 11-13-2012 by Ord. No. 2012-50]

(2)

For a major subdivision, preliminary plat:

(a)

Ten copies of the plat, prepared from a current survey performed not more than 18 months prior to the date of the application (plus four copies if the application must go to the County Planning Board). This shall include all items listed in § 425-72I(3).

(b)

(c)

Ten copies of the materials listed in the checklist for site development stormwater plans, as indicated in § 425-72I(3).

(d)

One copy of the application form and disclosure statement, with all required signatures including that of Tax Collector.

(e)

(f)

The review fee as set under § 425-5 of Article I.

[Amended 7-28-2009 by Ord. No. 2009-52]

(g)

An affidavit setting forth the names and addresses of all the record title owners of the lands subdivided by the map and written consent to the approval of the map of all those owners.

[Added 11-13-2012 by Ord. No. 2012-50]

(3)

For a major subdivision, final plat:

(a)

Three reproducible copies of the plat, post approval.

(b)

Twelve print copies of the plat (plus four if the application must go to the County Planning Board).

(c)

(d)

Two paper copies and one digital copy of the description of lands to be dedicated to public use.

(e)

One copy of the application form and disclosure statement, with all required signatures including that of Tax Collector.

(f)

Two copies of the draft homeowners' association documents.

(g)

The review fee as set under § 425-5 of Article I.

(h)

An affidavit setting forth the names and addresses of all the record title owners of the lands subdivided by the map and written consent to the approval of the map of all those owners.

[Added 11-13-2012 by Ord. No. 2012-50]

(i)

One copy of any existing or proposed deed restrictions or covenants, if any.

[Added 11-13-2012 by Ord. No. 2012-50]

(j)

One copy of proof of legal right to discharge drainage through abutting properties or easements, if any.

[Added 11-13-2012 by Ord. No. 2012-50]

(4)

For site plans:

(a)

Minor site plans: six copies (plus four if the application must go to the County Planning Board).

(b)

Major site plans: 10 copies (plus four copies if the application must go to the County Planning Board).

(c)

(d)

One copy of the application form and disclosure statement, with all required signatures including that of Tax Collector.

(e)

The review fee as set under § 425-5 of Article I.

[Amended 7-28-2009 by Ord. No. 2009-52]

(f)

Outbound and topographic survey information/plan (signed and sealed), dated within 18 months prior to the application date.

(g)

Ten copies of materials listed in the checklist requirements of § 425-72I(3).

(h)

§ 425-60 Subdivision plat details and other required data.

[Amended 10-8-1996 by Ord. No. 96-82; 4-10-2007 by Ord. No. 2007-24; 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39; 11-13-2012 by Ord. No. 2012-50]

Minor subdivision or resubdivision plats shall:

(1)

Be clearly and legibly drawn, to standard engineering scale of not less than one inch equals 100 feet, in black ink on translucent tracing cloth, translucent mylars at least four mils thick or its equivalent, of good quality, with signatures in ink, or as an equivalent reproduction on photographic fixed line mylar four mils thick with signatures in black ink or its equivalent and accompanied by a cloth print or photographic fixed line mylar four mils thick duplicate; and one of six standard sizes: 8 1/2 inches by 13 inches, 30 inches by 42 inches, 24 inches by 36 inches, 11 inches by 17 inches, 18 inches by 24 inches or 15 inches by 21 inches, as measured from cutting edges. If one sheet is not of sufficient size to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with references on each sheet to the adjoining sheets, and an additional subdivision plan sheet shall be provided that shows the entire site development at a reasonable scale.

(2)

Show the scale, which shall be inches to feet and be large enough to contain legibly written data on the dimensions, bearings and all other details of the boundaries. Also show the graphic scale.

(3)

Show the acreage of the entire tract and the dimensions and area of each lot to the nearest square foot or nearest 1/100 of an acre. Show dimensions and bearings of all boundaries, including the portion to be divided. Bearings and curve data shall include the radius, delta angle, length of arc, chord distance and chord bearing sufficient to enable the definite location of all lines and boundaries shown, including public easements and areas dedicated for public use. Nontangent curves and nonradial lines shall be labeled. Right-of-way parcel maps shall show bearings, distances and curve data for the right-of-way or the center line or base line and ties to right-of-way lines if from a base line. Also show lot lines to be eliminated.

(4)

Number lots in each block consecutively. Block and lot designations shall conform with the Municipal Tax Map. The map shall show the block boundaries and designations for the territory shown on the map, in addition to the Municipal Tax Map sheet numbers, as per the Assessor's records.

(5)

Show the reference meridian used for bearings on the map graphically. The coordinate base, either assumed or based on the New Jersey Plane Coordinate System, shall be shown on the plat. Indicate the north designation, by arrow. The north arrow shall be oriented on the sheet(s) towards the top or to the right, consistently on all sheets.

(6)

Show and designate all municipal boundary lines crossing or adjacent to the territory.

(7)

Show all natural and artificial watercourses, streams, shorelines and water boundaries and encroachment lines. On right-of-way parcel maps, all easements that affect the right-of-way, including slope easements and drainage easements, shall be shown and dimensioned.

(8)

Show and dimension all permanent easements, including sight triangle easements and utility easements, and the beneficiary and purpose of all easements shall be provided.

(9)

Clearly show all monumentation required by this chapter, including monuments found, monuments set, and monuments to be set. An indication shall be made where monumentation found has been reset. For purposes of this subsection, found corners shall be considered monuments. A minimum of three corners distributed around the tract shall indicate the coordinate values. The outbound corner markers shall be set pursuant to regulations promulgated by the State Board of Professional Engineers and Land Surveyors.

(10)

Cite the zone in which the property is located. The map shall show as a chart on the plat any other technical design controls required by local ordinances, including minimum street widths, minimum lot areas, minimum yard dimensions and other bulk requirements, and shall identify any variance requested from the zone district requirements.

(11)

Show the name of the subdivision/development, the name and address of the applicant/developer, the names of property owners of all lots involved in the application and the names of the municipality and county.

(12)

Show the date of the survey, date the plat was completed and the dates of any revisions, and shall be in accordance with the minimum survey detail requirements of the State Board of Professional Engineers and Land Surveyors.

(13)

Provide the name and address of the licensed surveyor who prepared the plat.

(14)

Show a key map relating the tract to surroundings and streams with an orientation consistent with the properties shown on the plat.

(15)

Show existing on-site structures, their use, and dimensions to property lines. Also show all structures within 150 feet of the land to be subdivided. Structures are considered to include, but not be limited to, buildings, driveways, mailboxes, signs, utility poles, drainage and sewerage structures, valves, septic systems and wells.

(16)

Note current use of application property and that of properties within 200 feet of the subject parcel. Include names of businesses, where appropriate.

(17)

Show any wellhead protection areas and identify any best management practices for wellhead protection, if applicable.

(18)

Show any area of special flood hazard and any floodway.

(19)

Show any wetlands and wetlands transition areas.

(20)

Show and identify the developable land area of each lot.

(21)

Provide a certificate of a land surveyor or surveyors, which shall be endorsed on the map as follows:

	I certify that to the best of my knowledge and belief, this map and land survey, dated ________, meet the minimum survey detail requirements of the State Board of Professional Engineers and Land Surveyors, and the map has been made under my supervision, and complies with the Map Filing Law, in addition to the Title Recordation Act, and that the outbound corner markers as shown have been found, or set.
	(Include the following, if applicable)
	I further certify that the monuments as designated and shown have been set.
	(Signature)
	(Printed name) Licensed professional land surveyor and Number (Affix seal)

(22)

Provide the following two certificates in lieu of the certificate above if the land surveyor who prepares the map is different from the land surveyor who prepared the outbound survey:

(a)

I certify to the best of my knowledge, information and belief that this land survey, dated _____, has been made under my supervision and meets the minimum survey detail requirements of the State Board of Professional Engineers and Land Surveyors, and that the outbound corner markers as shown have been found, or set.

	(Signature)
	(Printed name) Licensed professional land surveyor and Number (Affix seal)

(b)

I certify that this map has been made under my supervision and complies with the Map Filing Law, in addition to the Title Recordation Act.

	(Include the following if applicable)
	I further certify that the monuments as designated and shown have been set.

	(Printed name) Licensed professional land surveyor and Number (Affix seal)

(23)

Show the following requirements and endorsement on the map if monuments are to be set at a later date:

	The monuments shown on this map shall be set within the time limit provided in the "Municipal Land Use Law," P.L. 1975, c.291 (N.J.S.A. 40:55D-1 et seq.) or local ordinance. I certify that a bond has been given to the municipality, guaranteeing the future setting of the monuments as designated and shown on this map.
	(Signature)
	(Printed name) Municipal Clerk

(24)

Provide a certificate for the project surveyor that the monuments have been set or will be set if the map is a right-of-way parcel map.

(25)

Provide a certificate of the Municipal Engineer, which shall be endorsed on the map as follows:

	I have carefully examined this map and to the best of my knowledge and belief find it conforms with the provisions of the Map Filing Law, in addition to the Title Recordation Act, resolution of approval and applicable municipal ordinances and requirements.
	(Signature)
	(Printed name) Municipal Engineer (Affix seal)

(26)

Give the name of the street where the parcel is located. Show all street names approved by the City. If the map shows proposed highways, streets, lanes or alleys, a certificate of the Municipal Clerk shall be endorsed on the map as follows:

	City Council has approved the highways, streets, lanes or alleys shown on this map.
	(Signature)
	Municipal Clerk

Major subdivision preliminary plats shall:

(1)

Provide all data listed in Subsection A(1) through (21) of this section.

(2)

Show existing and proposed streets with right-of-way widths, distances between intersections and sight triangles.

(3)

Show streams with widths and direction of flow, swales and ditches, as well as flood hazard areas, if any, which are located within 200 feet of the tract.

(4)

Show land set aside for recreation, with dimensions, area and proposed improvements, when said land is required to be reserved in accordance with § 425-82.

(5)

Show existing and proposed lots, with dimensions.

(6)

Show building lines by dimensions or notation on the plat.

(7)

Show side and rear yards by dimensions or notation on the plat.

(8)

Designate names of property owners within 200 feet of the tract.

(9)

Show wooded areas and unusual land features.

(10)

Clearly depict bench marks and elevation datum.

(11)

Provide one soil log and permeability test for each five acres to be developed, as well as tests within the limits of infiltration structures to determine adequacy.

(12)

Provide additional tests, made and witnessed by the Health Officer or City Engineer, on lands comprised of Hydrologic Soil Group C or below. This shall not preclude the necessity for additional tests on lands comprised of Hydrologic Soil Groups A or B.

(13)

Provide proposed road plans and profiles on the same sheet with contours provided in the plan view.

(14)

Show utility plans and connection to mains.

(15)

Show proposed method of on-site sewage disposal and water supply.

(16)

Provide separate grading details for intersections and culs-de-sac (temporary or permanent).

(17)

Provide all utility facilities via underground installations.

(18)

Provide hydrologic soil group (HSG) and soil boring log information, including, but not limited to, soil profile, permeability rate, existing ground elevation, elevation of seasonal high water groundwater, depicted on drainage/grading sheets.

(19)

Show storm sewer, existing and proposed, in plan and profile.

(20)

Show basin cross sections, when applicable, indicating all relevant elevations and topographic features. The limit of the cross section shall be 50 feet from where the one-foot freeboard elevation intersects the inner bank of the basin.

(21)

Provide a note stating, "Existing City of Vineland monuments shall be preserved to the greatest extent practicable. Should the monumentation be damaged or destroyed, the responsible party shall reimburse the City of Vineland for the replacement of said monumentation."

(22)

Show details only on designated "detail sheets."

(23)

Include a note, in accordance with N.J.S.A. 40A:11-18, stating, "Only manufactured products of the United States, wherever available, shall be used where the City of Vineland, or any other governmental agency, will ultimately own and maintain the facility."

(24)

Include a note, as applicable, stating, "As-built permeability test results shall be provided for all components of the stormwater management system."

(25)

Include a note, as applicable, stating, "The design engineer shall certify in writing to the City of Vineland that the basin(s) has been constructed according to the approved design, that any approved deviations are noted and that the basin has been properly cleaned after 90% of the project completion. The engineer's certification shall also certify that the basin currently operates as intended by its design, taking into account all soil and water conditions encountered during construction."

(26)

Include a note, as applicable, stating, "Prior to final release of performance guarantee, the applicant shall provide an as-built plan of any and all stormwater systems and stormwater management basins. The as-built plan shall include, but not be limited to, basin bottom elevation and basin berm elevation at twenty-five-foot intervals, inverts and outlet structures."

(27)

Include a note, as applicable, stating, "The basin owner shall provide the City of Vineland with a maintenance bond for said basin for two years after final acceptance of the basin."

(28)

Show NJDEP application/permit numbers on the plan sheet, as applicable.

(29)

Clearly delineate the proposed limit of clearing. Identify the forest acreage to be removed and provide a forest retention and tree replacement plan, if applicable.

(30)

Provide a list of any design waivers or exceptions requested from City development regulations.

(31)

Provide a landscaping plan showing any proposed landscape areas, including buffer areas; show the number, size, species and location of proposed plantings; planting details; and proposed means of irrigation.

(32)

Provide a lot yield map showing the number of lots permitted under conventional zoning and the number of lots proposed, and identify any variances or design exceptions necessary to achieve the yield under conventional zoning standards, for residential cluster development or residential development based on lot size averaging.

(33)

Provide a certification of the design engineer, architect, planner, or surveyor, as applicable, of conformance of the plan and details to RSIS; identify any requested design waivers from RSIS; identify any requested de minimis exceptions from RSIS, and identify any improvements proposed to exceed RSIS, for residential development subject to the New Jersey Residential Site Improvement Standards (RSIS).

(34)

Indicate the distance and bearing to the nearest street intersection.

Major subdivision final plats shall:

(1)

Provide the data listed in Subsection A of this section.

(2)

Provide signatures on the plat of the property owners, Tax Collector and City Engineer.

(3)

Provide two copies of descriptions for dedication of streets and of lands reserved for public use.

(4)

Include a note indicating all conditions placed upon the development as a result of the Planning Board's approving resolution.

(5)

Provide endorsements, in addition to those required by the Map Filing Law and Title Recordation Act, as follows:

(a)

This map has been approved by the City Council of the City of Vineland by the provision of Resolution No._____, which was adopted on_________.

	(Signature)
	(Printed name) President, City Council	Date
	(Signature)
	(Printed name) Municipal Clerk	Date

(b)

I/we, the undersigned, hereby certify, I/we are the owners of record of the lands involved in this subdivision and do hereby consent to the filing of the map shown.

	(Signature)
	(Printed name) Owner	Date
	(Signature)
	(Printed name) Owner	Date

(c)

I hereby certify all taxes have been paid up to date on all properties in this subdivision.


	(Printed name) Tax Collector	Date

(d)

The Planning Board of the City of Vineland has duly reviewed and approved this subdivision under Resolution No._____, in accordance with Ordinance No. 86-38 (as amended). Said map shall be properly filed on or before _______.

	(Signature)
	Chairman	Date
	(Signature)
	Secretary	Date

§ 425-61 Site plan details and other required data.

Minor site plans shall show the proposed improvements, alterations or change of use on a site. The minor site plan shall:

[Amended 4-10-2007 by Ord. No. 2007-24]

(1)

Be drawn to standard engineering scale, not less than one inch equals 50 feet and not more than one inch equals 10 feet. Sheet size shall be 24 inches by 36 inches or 11 inches by 17 inches. In the event that the overall site does not fit onto a standard sheet size, an additional site plan sheet shall be provided which shows the entire site development at a reasonable standard scale.

(2)

Provide the name and address of the licensed engineer, architect and/or surveyor who prepared the data.

(3)

Be signed and sealed by a licensed engineer, architect and/or land surveyor.

(4)

Reserve space on the plan for approval stamps and signatures.

(5)

Show an appropriate title by including the words "Site Plan for _______________," indicating the intended use of the site.

(6)

Show a key map, locating streets and streams within 2,000 feet of the site.

(7)

Give the date the plan was completed and revision dates, if any.

(8)

Indicate the zone or zones, including any zone lines which are within or along the property boundaries.

(9)

Include a zoning schedule chart, which shall indicate all bulk standards and conformance with the standards for the existing and proposed conditions.

(10)

Provide the name and address of the applicant and all property owners of all lots involved in the application.

(11)

Indicate the proposed addition or modification, showing the dimensions and gross floor areas of proposed buildings and structures, the location of parking areas and the number of existing and proposed parking spaces, all dimensioned and referenced to lot lines and center lines of streets.

(12)

Show existing on-site structures, their use, and dimensions to property lines. Also show all structures within 150 feet of the land to be developed. Structures are considered to include, but not be limited to, buildings, driveways, mailboxes, signs, utility poles, drainage and sewerage structures, and valves.

[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]

(13)

Note current use of application property and that of properties within 200 feet of the subject parcel. Include names of businesses where appropriate.

(14)

Indicate the existing and proposed type of paving.

(15)

Indicate the block, lot and Tax Map sheet numbers as per the Assessor's records.

(16)

Indicate the north designation, by arrow. The North arrow shall be oriented on the sheet(s) towards the top or to the right, consistently on all sheets.

(17)

Note the names and widths of all abutting streets.

(18)

Indicate the on-site accessways and sight triangles, existing and proposed, with referenced dimensions.

(19)

Indicate the driveway openings, existing and proposed, with referenced location and width at the curbline and at the property line.

(20)

Indicate the location of the nearest stormwater inlets.

(21)

Clearly depict site bench marks and elevation datum as applicable.

(22)

Show types of vehicles that will be used for deliveries and trash removal, and other large vehicles likely to enter the site on a regular basis. Provide circulation patterns of these vehicles using AASHTO Minimum Turning Path for said vehicle.

(23)

Include a note indicating, "Existing City of Vineland monuments shall be preserved to the greatest extent practicable. Should the monumentation be damaged or destroyed, the responsible party shall reimburse the City of Vineland for the replacement of said monumentation."

(24)

Include a note indicating, "Per N.J.S.A. 40A:11-18, only manufactured products of the United States, wherever available, shall be used for work which the City of Vineland or any other governmental agency shall ultimately own and maintain."

(25)

Show the existing and proposed buffer areas (dimensioned from improved surfaces to the property line), the existing and proposed screening materials, landscaping, fencing and trees.

(26)

Show existing and proposed utility lines and the location of poles.

(27)

Show existing and proposed on-site lighting type and location. Provide a site lighting plan showing the location, height above grade, type of illumination, type of fixture, the source lumens, and the luminous area for each source of light proposed.

[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]

(28)

Show contiguous lands owned by the applicant.

(29)

Show all easements and purpose of easements, located and dimensioned.

(30)

Show lands to be dedicated to public use, dimensioned on the plan, and provide two paper copies of the written descriptions.

(31)

Include, as applicable, any and all NJDEP application/permit numbers on the plan sheet.

(32)

Include such other details as may apply to the proposed improvements or change of use. Details shall only be shown on designated detail sheets.

(33)

Show drainage improvements as needed, at the discretion of the City Engineer, where the development will change drainage patterns, negatively impact neighboring properties or streets, where there are existing drainage problems on the subject property, or where circumstances generally would require drainage improvements.

(34)

Show any stream corridors.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

(35)

Show any wellhead protection area and provide an environmental impact statement to identify the best management practices proposed for wellhead protection, if applicable.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

(36)

Show any area of special flood hazard and any floodway.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

(37)

Show any wetlands or wetland transition areas.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

(38)

Show the developable land area of each lot.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

(39)

Provide copies of any existing or proposed deed restrictions or covenants.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

(40)

Show such other details as may apply to the proposed improvements or change of use.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

Major site plans shall:

[Amended 2-12-2002 by Ord. No. 2002-2; 4-10-2007 by Ord. No. 2007-24]

(1)

Provide the data listed in Subsection A of this section.

(2)

Show finished floor, top of block, garage floor, basement floor/crawl space and exterior corner elevations for all buildings and structures. Basement floor/crawl space elevation shall be not less than two feet higher than the seasonal high groundwater level.

(3)

Show contour lines based on United States Coast and Geodetic Survey data or bench marks approved by the City Engineer.

(4)

Show proposed grading at maximum one-foot intervals, for sufficient distance to define runoff paths.

(5)

Provide a stormwater system designed to sufficiently convey the design storm as described in § 425-72 of this chapter. The stormwater conveyance system shall be accompanied by design computations and details.

(6)

Provide an on-site disposal system or details of connection to the sewer main.

(7)

Provide approximate location of water well(s) and/or lateral(s).

(8)

Provide street improvements, including, but not limited to, concrete vertical curb, concrete driveway, and street restoration, showing the location, type and size, and typical construction details.

(9)

Provide existing and proposed outdoor trash areas, screened as required, with location dimensioned.

(10)

Show retaining walls and walkways, indicating dimensions of the structures, with locations dimensioned. Details of any retaining walls shall be provided.

(11)

Show the center-line elevations of the existing streets.

(12)

Show future street extensions, as indicated on the Master Plan of Street Extensions.

(13)

(14)

Lighting and landscaping plans prepared by licensed professionals.

(15)

(16)

Show storm sewer, existing and proposed, in plan and profile.

(17)

Provide other data which may pertain to the particular site and use, including traffic and environmental studies or impact analyses.

(18)

Provide a landscaping plan showing any proposed landscape areas, including buffer areas; the number, location, size, species and location of proposed plantings; planting details; and proposed means of irrigation.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

(19)

Provide preliminary architectural plans and elevations in designated redevelopment areas.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

(20)

Provide a list of any design waivers or exceptions requested from City development regulations.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

(21)

Identify the forest acreage to be removed and provide a forest retention and tree replacement plan, where applicable.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

(22)

For residential development subject to the New Jersey Residential Site Improvement Standards (RSIS), provide a certification of the design engineer, architect, planner, surveyor, as applicable, of conformance of plan and details to RSIS: identify any requested design waivers from RSIS: identify any requested de minimis exceptions from RSIS, and identify any improvements proposed to exceed RSIS.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

§ 425-62 Required improvements.

[Amended 10-8-1996 by Ord. No. 96-82; 7-22-1997 by Ord. No. 97-51; 4-10-2007 by Ord. No. 2007-24]

For minor subdivisions, the applicant shall install:

(1)

Monuments, as specified under the Title Recordation Act (N.J.S.A. 46:26A-1 et seq.), placed according to state standards. In addition, monuments shall be set at:

[Amended 11-13-2012 by Ord. No. 2012-50]

(a)

All corners and angle points of the outbounds.

(b)

The point where the municipal boundary line intersects the right-of-way line of any existing and/or proposed street.

(2)

Other improvements which, due to the nature of the use or to the condition of the particular site, are deemed necessary by the Planning Board to protect the public health and safety.

For major subdivision developments, the applicant shall install:

(1)

New streets and, where required, street improvements in abutting streets.

(2)

Shade trees.

(3)

Street signs.

(4)

Stormwater drainage facilities.

(5)

Water supply facilities.

(6)

Sanitary sewer facilities.

(7)

Topsoil, at least four inches throughout the site, stabilized by seeding and planting on slopes of less than 12% or by sodding on slopes of 12% or over. No topsoil shall be removed from the site or used as fill.

(8)

Monuments, as specified under the Title Recordation Act (N.J.S.A. 46:26A-1 et seq.), placed according to state standards. In addition, monuments shall be set at:

[Amended 11-13-2012 by Ord. No. 2012-50]

(a)

All corners and angle points of the outbounds.

(b)

The point where the municipal boundary line intersects the right-of-way line of any existing and/or proposed street.

(9)

Curbs, except where 90% of the proposed lot frontages are 160 feet or more.

(10)

Recreational areas, where required, in accordance with § 425-82.

(11)

Other improvements which, due to the nature of the use or to the condition of the particular site, are deemed necessary by the Planning Board to protect the public health and safety.

For all site plan developments, the applicant shall install:

(1)

Street improvements, including but not limited to concrete driveway aprons, curbs and gutters.

On-site parking.

On-site lighting.

Screening materials.

Buffer areas.

Stormwater drainage facilities.

(7)

Water supply facilities.

(8)

Sanitary sewer system.

(9)

Other improvements which, due to the nature of the use or to the condition of the particular site, are deemed necessary by the Planning Board to protect the public health and safety.

(10)

In all developments, the following improvements shall be installed by the appropriate authority and assessed to the developer: streetlights.

Sidewalks shall not be required unless one or both of the following apply:

(1)

Sidewalks exist along the frontage of the abutting property.

(2)

The Board finds that, by reason of the particular conditions of the site, its location or surroundings, sidewalks are required to protect the public safety.

Off-tract improvements, if required, shall be in accordance with the provisions of § 425-47 of this article.

Any rules contained in the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., shall take precedence over any conflicting regulations within this chapter.

§ 425-63 Procedure for minor subdivision or resubdivision approval.

Definitions. As used in this section, the following terms shall have the meanings indicated:

[Amended 4-10-2007 by Ord. No. 2007-24]

ALL-INCLUSIVE DEED

A legal document which combines, by written description, several parcels of land or parts thereof into one tract, which deed is required for the purpose of establishing a lot that meets the minimum standards set under the schedules of this chapter as a provision for subdivision or resubdivision approval.

DETAIL SHEET

A separate sheet or sheets in a set of engineering or architectural drawings specifically containing technical detail drawings and notes. The subject parcel shall neither be shown in plan nor profile on a detail sheet.

MINOR SUBDIVISION

A subdivision of land to create a total of five or fewer lots, provided that such subdivision does not involve a planned development, a new street or the extension of any off-tract improvement, the cost of which is to be prorated. The subdivision of any portion of a minor or major subdivision which is proposed within three years of the previous subdivision and results in the cumulative creation of greater than five lots shall be considered a major subdivision. Any previous minor subdivision which affects this result shall be subject to § 425-82 of this chapter.

RESUBDIVISION

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

If the Planning Board finds that a development application conforms to the definition of a minor subdivision or resubdivision as defined herein, notice and public hearing may be waived. Minor subdivision or resubdivision approval shall be deemed final approval by the Board, provided that the Board may condition approval to ensure the provision of such specified improvements as apply to the development under the provisions of this chapter.

[Amended 4-10-2007 by Ord. No. 2007-24; 7-28-2009 by Ord. No. 2009-52]

Minor subdivision or resubdivision approval shall be granted or denied within 45 days of the submission of a complete application; otherwise, approval shall be deemed to be granted.

[Amended 4-10-2007 by Ord. No. 2007-24]

Approval is conditioned on a favorable report from the County Planning Board where county review is required under Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3).

Approval of a minor subdivision shall expire within 190 days unless a plat in conformity with approval and with the Title Recordation Act (N.J.S.A. 46:26A-1 et seq.) or a deed clearly describing the approved subdivision is filed by the developer with the County Recorder, the City Engineer and the City Tax Assessor. Such plat shall be signed by the Chairman and Secretary of the Board before filing.

[Amended 11-13-2012 by Ord. No. 2012-50]

The zoning requirements and all conditions of the approval shall not be changed for two years after the date of approval.

The following shall not be considered subdivisions or resubdivisions if no new streets are created:

[Amended 4-10-2007 by Ord. No. 2007-24]

(1)

Divisions found by the Planning Board to be for agricultural use where all resulting tracts are five acres or more in size.

(2)

Divisions of property by testamentary or intestate provisions.

(3)

Divisions of property upon court order, including but not limited to judgments of foreclosure.

(4)

Consolidation of existing lots by deed or other recorded instrument.

(5)

Conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons, all of which are found and certified by the Zoning Officer to conform to the requirements of this chapter and are shown as separate lots, tracts or parcels on the Municipal Tax Map.

[Amended 7-23-2002 by Ord. No. 2002-49]

§ 425-64 Procedure for major subdivision approval.

Definitions. As used in this section, the following terms shall have the meanings indicated:

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

PRELIMINARY APPROVAL

The conferral of certain rights, specified herein, prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

A plat and such other data specified under § 425-60B of this article as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met shall be submitted to the Secretary. All data presented shall be in tentative form for discussion purposes for preliminary approval only.

If the application is found incomplete, the developer shall be notified in writing of the deficiencies therein by the Board for determination of completeness within 45 days of submission of the application, or it shall be deemed properly submitted.

A complete application to create 10 or fewer lots shall be granted or denied preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer.

A complete application to create 10 or more lots shall be granted or denied preliminary approval within 95 days or within such further time as may be consented to by the developer.

Notice of the application for development shall be given pursuant § 425-12 of Article I of this chapter. Any substantial revision of improvements which were the subject of a hearing shall require that an amended application be submitted and proceeded upon as in the case of the original application.

§ 425-65 Procedure for final major subdivision approval.

Definitions. As used in this section, the following terms shall have the meanings indicated:

FINAL APPROVAL

The official action of the Planning Board taken on a preliminary approved major subdivision after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned on the posting of such guaranties.

Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be agreed to in writing by the applicant. Failure of the Planning Board to act within said period shall constitute final approval, and a certificate as to such failure shall be issued upon request.

Where County Planning Board review is required, final approval shall be conditioned upon timely receipt of a favorable report from the County Board.

§ 425-66 Procedure for preliminary site plan approval.

Definitions. As used in this section, the following terms shall have the meanings indicated:

MAJOR SITE PLAN

A development plan of one or more lots, with a proposed developed area of more than 5,000 square feet, or with a proposed developed area of 5,000 square feet or less which involves planned development, any new street or the extension of any off-tract improvement which is to be prorated.

[Amended 2-12-2002 by Ord. No. 2002-2]

MINOR SITE PLAN

A development plan of one or more lots with a proposed developed area of 5,000 square feet or less, which does not involve planned development, any new street or the extension of any off-tract improvement which is to be prorated, and which contains the information reasonably required for the Planning Board to make an informed decision.

[Amended 2-12-2002 by Ord. No. 2002-2]

PROPOSED DEVELOPED AREA

The portion of a development plan in which any construction activity or man-made land disturbance is proposed. Such construction activity or man-made land disturbance would include, but not be limited to, buildings and structures, parking and access improvements, utilities, drainage systems, landscaping, fencing, clearing, grading, excavating, filling, mining and quarrying, and any modification to an existing developed area, such as revised line striping within a parking lot. For purposes of this chapter, the proposed developed area shall be computed by dimensioning the area enclosed by one rectangle, the sides of which touch the extreme points or edges of the construction activity or man-made land disturbance.

[Added 2-12-2002 by Ord. No. 2002-2]

SITE PLAN

A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, floodplains, marshes, waterways, buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures, signs, lighting devices and any other information that may be reasonably required by the Board to make an informed determination.[1]

[1]

Editor's Note: The definition of "standard site plan," which immediately followed this definition, was repealed 2-12-2002 by Ord. No. 2002-2.

Submission procedure. A site plan shall be required whenever a zoning, building or conditional use permit is required or whenever parking areas, driveways or access to a site is created, expanded or altered, or for any use or change of use other than for one single-family dwelling upon a lot or one two-family dwelling upon a lot or a farm. A site plan shall be submitted for development of one single-family dwelling and one two-family dwelling upon the same lot or of multiple two-family dwellings upon the same lot, if permitted. However:

[Amended 1-23-1996 by Ord. No. 96-4; 11-26-1996 by Ord. No. 96-67; 2-12-2002 by Ord. No. 2002-2; 7-23-2002 by Ord. No. 2002-49]

(1)

No site plan shall be required by the City of Vineland if the proposed additional or altered developed area comprises less than:

(a)

Three hundred square feet of developed area in the B-1 Business, R-P Residential-Professional, R-B Residential-Business, R-1 Residential and R-2 Residential Zones.

(b)

Four hundred square feet of developed area in the R-3 Residential and R-4 Residential Zones.

(c)

Six hundred square feet of developed area in the B-2 Business Zone.

(d)

One thousand square feet of developed area in the B-3 Business and B-4 Business Zones.

(e)

One thousand two hundred square feet of developed area in the I-1 Industrial and I-B Industrial-Business Zones.

(f)

One thousand square feet of developed area in the I-2 Industrial Zone.

(g)

One thousand two hundred square feet of developed area in the I-3 Industrial Zone.

(h)

One thousand five hundred square feet of developed area in the I-4 Industrial Zone.

(i)

One thousand square feet of developed area in the IN-1 Institutional Zone.

(j)

One thousand square feet of developed area in the A-5 Agricultural, A-6 Agricultural, W-5 Woodlands and W-6 Woodlands Zones.

(2)

Site plans shall be required for all of the above if any one or more of the following apply:

(a)

Any variance is required as a result of the proposed development.

(b)

The premises in question has never received a site plan approval or the premises in question is not in substantial conformity with its site plan approval.

(c)

Parking areas, driveways or access to a site is created, expanded or altered.

(d)

Subsequent to the effective date of this chapter, the total of additions and/or alterations to the developed area equals or exceeds the square footages listed above.

The developer shall submit a site plan and such other data to the Board as is required to make an informed decision.

The developer shall be notified in writing within 45 days of the deficiencies if any application is found to be incomplete; otherwise, it shall be deemed to be properly submitted.

If the Board requires any substantial change which has been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the original application.

Upon submission of a complete application which involves 10 acres or fewer and 10 dwelling units or fewer, the Planning Board shall grant or deny preliminary approval within 45 days or within such further time as is agreed to by the developer. Upon submission of a complete application which involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days or within such further time agreed to by the developer.

§ 425-67 Procedure for minor site plan approval.

Classification. A minor site plan, as defined by statute, shall be limited to:

[Amended 1-23-1996 by Ord. No. 96-4; 2-12-2002 by Ord. No. 2002-2]

(1)

Development of one or more lots, with a proposed developed area of 5,000 square feet or less, which does not involve planned development, any new street or the extension of any off-tract improvement which is to be prorated.

(2)

Applications for permits to conduct a business use or a home occupation in the applicant's residence or in an accessory structure located on the same lot as the residence.

(3)

Applications for permits to construct or expand one- or two-family residences, including accessory structures, which are located within a designated flood zone, provided that the information relating to flood zone elevations and requirements are clearly indicated and are acceptable to the City Engineer.

If the Planning Board finds that a development application conforms to the definition of a minor site plan, as defined herein, notice and public hearing may be waived. Minor site plan approval shall be deemed final approval by the Board, provided that the Board may condition approval to ensure the provision of such specified improvements as apply to the development under the provisions of this chapter.

[Amended 7-28-2009 by Ord. No. 2009-52]

Minor site plan approval shall be granted or denied within 45 days of the submission of a complete application; otherwise, approval shall be deemed granted.

Approval is conditioned on a favorable report from the County Planning Board where county review is required under Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6).

The zoning standards and all other conditions under which minor site plan approval is granted shall not be changed for two years after the date of approval.

§ 425-68 Effect of preliminary approval of major subdivision or site plan.

Preliminary approval of a major subdivision or a site plan shall, except as provided under Subsection D of this section, confer the following rights to the applicant for a three-year period from the date of preliminary approval:

That the general terms and conditions of the preliminary approval shall not be changed, including but not limited to use requirements, layout and design standards for improvements, lot size, yard dimensions, off-tract improvements and the specifics of site plan approval.

That the applicant may submit for final approval, on or before the expiration date of preliminary approval, all or part of the development plan.

That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year not to exceed a total extension of two years.

That the Planning Board may grant the rights referred to in Subsections A, B and C above, in the case of a subdivision or site plan comprising 50 acres or more, for such period longer than three years as shall be determined by the Board to be reasonable, taking into consideration the extent of the proposed construction, the economic conditions and the comprehensiveness of the development.

The duration of preliminary approval of a major subdivision or site plan shall be the same as the period of zoning protection permitted in this section.

[Added 8-24-2004 by Ord. No. 2004-43]

§ 425-69 Procedure for final approval of site plans.

The Planning Board shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established herein for final approval and conform to the conditions of the preliminary approval, provided that the Planning Board may permit minimal deviations, in the case of a planned residential development (PRD) or planned cluster development (PCD), necessitated by conditions beyond the developer's control. The conditions of the preliminary approval shall be included on the plan in the form of a note.

[Amended 4-10-2007 by Ord. No. 2007-24]

Final approval shall be granted or denied within 45 days after the submission of a complete application. Failure to act within said period shall constitute final approval, and a certificate as to such failure shall be issued by the Secretary on request.

Where County Planning Board approval is required, final approval shall be conditioned upon timely receipt of a favorable report from the County Board.

§ 425-70 Effect of final approval of major subdivision or site plan.

Final approval provides that:

The zoning requirements applicable to the preliminary approval and all other rights conferred, whether conditionally or otherwise, shall not be changed for two years after the date of final approval, except that said rights shall expire for a major subdivision which has not been duly recorded. Where approval has been granted and the major subdivision duly recorded, the Planning Board may extend such protection period for one year but may not exceed three one-year extensions. The granting of final approval terminates the period of preliminary approval.

In the case of a subdivision or site plan for a planned development of 50 acres or more, the Board may grant such rights for longer than two years based on the considerations cited under § 425-68D of this article.

[Amended 12-23-1986 by Ord. No. 86-84]

No physical feature of layout or space shown on an approved site plan shall be changed, modified or altered during construction from that shown on the approved plan without Planning Board approval.

The duration of final approval of a major subdivision or site plan shall be the same as the period of zoning protection permitted in this section.

[Added 8-24-2004 by Ord. No. 2004-43]

(NOTE: The basis for this article is N.J.S.A. 40:55D-37 to 40:55D-59.)