[Added 11-14-1995 by Ord. No. 95-20]
Any entity seeking to subdivide a lot, or change the conditions of a property, where the proposal is thought to be either an exempt subdivision or an exempt site plan as defined in this chapter, or as an exempt agricultural subdivision as set forth in N.J.S.A. 40:55D-7, shall first submit a sketch plat of the proposal to the approving authority for a determination on whether the proposal is exempt. For example, a subdivision of five or more acres is not an exempt subdivision for agricultural purposes unless the land is initially deed restricted for at least 15 years to an agricultural purpose, without a residence. Any new lot intended to have a residence is a residential subdivision and is not exempt.
If an informal discussion has not been held on a proposal as outlined above, a sketch plat submission is recommended for a major site plan or major subdivision. Whether or not an informal discussion was held on a minor site plan or minor subdivision, a sketch plat is required in order to record in the public record the plan's classification and to take final action on the application.
A. Filing procedure. The applicant shall file with the administrative officer, at least two weeks prior to the meeting of the approving authority, 12 black-on-white copies of the sketch plat, two completed copies of the application form, two completed copies of the sketch plat checklist, two completed copies of the County Planning Board application, two copies of the environmental data as outlined in §
107-44, the applicable fee and escrow deposit and a certification issued by the Borough
Tax Collector that no
taxes or assessments for local improvements are due or delinquent for the property for which application is made. In accordance with Chapter
223 of the Borough Code, the applicant shall be made aware that in addition to the application fee required herein, an affordable housing fee is to be paid at the time the construction permit is issued. The remainder of the fee is to be paid prior to the time the certificate of occupancy is issued. Where the owner of a lot and the applicant are not the same, the application shall be filed jointly by the owner and the developer.
[Amended 11-14-1995 by Ord. No. 95-20]
B. Action by the 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 no later than its first regular meeting following the two-week review period. If incomplete, the material shall be returned to the applicant for a resubmission at least two weeks prior to a subsequent meeting with reasons for incompleteness submitted in writing. If complete, the approving authority shall classify the application as a minor or major development and shall approve, approve with conditions or deny the application within 45 days of the date of submission to the administrative officer or such further time as may be consented to by the applicant. The decision shall be in writing and shall be sent to the applicant and the newspaper as required in §
107-22, Public hearings and notices.
(2) Whenever review or approval of the application by the County Planning Board and other governmental agencies is required but not yet received, the municipal approving authority in taking action shall grant conditional approval in accordance with §
107-9, Conditional approval.
(3) Expiration of approval.
(a) Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law or a deed clearly describing the approved minor subdivision, and including filing all deed restrictions or covenants on each lot such as, but not limited to the obligation to be a member of a homeowners' association, is filed by the applicant with the county recording officer, the Municipal Engineer, the Gloucester County Tax Assessor and the Municipal Clerk. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving authority. 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 applicant chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of said Act.
(b) In accordance with N.J.S.A. 40:55D-54, the county recording officer shall notify the approving authority of the filing of any plat within seven days of the filing.
(c) The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or minor site plan approval was granted shall not be changed for a period of two years after the date of minor subdivision or minor site plan approval, provided that, with respect to a minor subdivision, said approved minor subdivision shall have been duly recorded.
[Amended 4-17-1980 by Ord. No. 80-4]
(4) When the approving authority determines that any proposed development may create, either directly or indirectly, an adverse effect on either the remainder of the property being developed or nearby property, the approving authority may require the applicant to revise the plat. Where the remaining portion of the original tract is of sufficient size to be developed or subdivided further, the applicant may be required to submit a sketch plat of the entire remaining portion of the tract to indicate a feasible plan whereby the design of the proposed development, together with subsequent subdivisions or development, will not create, impose, aggravate or lead to any such adverse effect(s).
(5) If classified as a major development and either approved with conditions as a major development or approved as a minor development, a notation to that effect, including the date of the approving authority's action, shall be made on all copies of the plat and shall be signed by the Chairman and Secretary of the approving authority (or Vice Chairman or Assistant Secretary in their absence, respectively), except that the minor plat shall not be signed until all conditions are incorporated on the plat. All conditions on minor developments shall be complied with within 90 days of the meeting at which conditional approval was granted, otherwise the conditional approval shall lapse. If classified as a major development, sketch plat modifications are not required. Any conditions shall be incorporated on the preliminary plat.
[Amended 12-27-1988 by Ord. No. 88-25]
Preliminary plats are required for all major site plans and major subdivisions.
A. Filing procedure.
(1) The applicant shall submit to the administrative officer, at least two weeks prior to the meeting of the approving authority, 12 black-on-white copies of the preliminary plat; three completed copies of the application form for preliminary approval; two completed copies of the preliminary plat checklist; two completed copies of the County Planning Board application form; two copies of any protective covenants, deed restrictions and easements applying to the land being developed; two copies of the master deed and bylaws that create a homeowners' association and establish its operating procedures; three copies of the drainage calculations, and soil erosion and sediment control data, as required by this chapter; the applicable fee and escrow deposits; and a certification issued by the Borough
Tax Collector that no
taxes or assessments for local improvements are due or delinquent for the property for which application is made. In accordance with Chapter
223 of the Borough Code, the applicant shall be made aware that in addition to the application fee required herein, an affordable housing fee is to be paid at the time the construction permit is issued. The remainder of the fee is to be paid prior to the time the certificate of occupancy is issued. Where the owner of a lot and the applicant are not the same, the application shall be filed jointly by the owner and the developer.
[Amended 8-14-1979 by Ord. No. 79-13; 11-14-1995 by Ord. No. 95-20]
(2) A corporation or partnership applying for permission to subdivide a parcel of land into three 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 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 of 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 10% ownership criterion established in this chapter have been listed. No planning board, board of adjustment 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 partnership shall be as outlined in N.J.S.A. 40:55D-48.4.
(3) The application shall be accompanied by four copies of a complete environmental impact report (EIR) in accordance with §
107-44. The report shall comply with §
107-44 except as may have been either modified and approved by the approving authority by data submitted in the sketch plat stage, or the applicant has submitted a written request for a waiver of any or all of the EIR requirements. As part of the EIR, the applicant shall include evidence that 1) NJDEP has been requested to issue either a letter of interpretation regarding the wetland boundaries and their resource value and permit(s) for averaging or filling, or a letter of exemption that there are no wetlands; and 2) that NJDEP has been requested to issue either a stream encroachment permit or a waiver. If waiver(s) from the EIR are requested, the approving agency shall either approve, approve in part, or disapprove the request(s) at the first regular meeting of the approving authority at which the application is heard. If approved in part or disapproved, the applicant shall provide the required data within 15 days or at least 15 days prior to the date the approving authority is required to act, whichever comes first, or at least 10 days prior to some further date the approving agency may set if the applicant consents to an extension of time.
(4) Four copies of a traffic impact report prepared by a licensed New Jersey professional engineer shall be prepared and submitted for all developments located along a collector or arterial highway as classified in the Borough's Master Plan, or along a county or state highway regardless of its classification, or for any development generating more than 500 vehicle movements per day regardless of the classification of abutting street(s). The report shall include, but not be limited to, the review of existing conditions such as use(s), traffic volumes, traffic distribution, levels of service, and the physical conditions and capacity(s) of effected roads; the proposed traffic volumes and traffic distribution after completion of the development during normal daily operations and during peak hourly conditions, including levels of service at effected intersections; the proposed on-site and off-site roadway improvements, including, but not limited to, signalization, traffic controls, signage, striping, control islands, separate traffic lanes, and compliance with the requirements of NJ DOT's State Highway Access Management Code; and consistency with the Borough's Circulation Plan of the adopted Master Plan.
[Added 11-14-1995 by Ord. No. 95-20]
B. Action by the approving authority;
(1) The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submissions as a complete application. If the submission is found to be incomplete, the applicant shall be notified in writing of the deficiencies therein, by the Board or the Board's designee, for the determination of the completeness within 45 days of the submission or it shall be deemed to be properly submitted. If accepted as an application, a public hearing date shall be set and notice given as required by this chapter.
[Amended 4-17-1980 by Ord. No. 80-4]
(2) Upon submission of a plat and before approval of a plat, the administrative officer shall submit one copy of the plat and supporting data to the County Planning Board, Water and Sewer Department, Environmental Commission, utility companies having easements or rights-of-way on-site, and any other agency or person as directed by the approving authority for their review and action. Each shall have 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 report to the approving authority within the thirty-day period, said 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 applicant, 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.
[Amended 11-14-1995 by Ord. No. 95-20]
(3) If the submission is accepted as a subdivision, the approving authority shall grant or deny preliminary approval of a subdivision of 10 or fewer lots within 45 days of the date of such submission or within such further time as may be consented to by the applicant. Upon the submission of a complete application for a subdivision of more than 10 lots, the approving authority shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant. Otherwise, the approving authority shall be deemed to have granted preliminary approval to the subdivision.
(4) Preliminary site plan approval.
(a) If the submission is accepted as a site plan, 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 applicant:
[Amended 4-17-1980 by Ord. No. 80-4]
[1] A site plan which involves 10 acres of land or less and 10 dwelling units or less: within 45 days of the date of submission.
[2] A site plan which involves more than 10 acres or more than 10 dwelling units: within 95 days of the date of such submission.
(b) Before any action is taken on any preliminary site plan containing more then 10 acres or for a site plan containing a flood hazard area, the approving authority shall conduct a public hearing as established in this chapter. Action may be taken on a preliminary site plan for 10 acres of land or less without a public hearing unless, in the opinion of the approving authority, the proposed use, proposed intensity of development, location of the tract, traffic conditions or environmental concerns for a property of 10 acres or less are of sufficient concern that the approving authority desires to receive the public's comments. Where a public hearing is scheduled for a site plan, no action shall be taken until completion of the public hearing, and the scheduling and notifications for the hearing shall be in accordance with this chapter.
(5) If the approving authority required any substantial amendment in the layout of improvements in either a site plan or subdivision as proposed by the applicant and that plan had been the subject of a hearing, an amended application for development 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.
(6) The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental report required in §
107-44, Environmental impact report, in Article
IV. Such action shall not take place until after any required public hearing has been conducted. The decision shall be in writing and shall be sent to the applicant and the newspaper as required by §
107-22H, Public hearings and notices. 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 complied with. If all conditions are not complied with within 180 days from the date of the meeting at which a plat was conditionally approved, the conditional approval shall lapse.
(7) Preliminary approval.
(a) Preliminary approval shall, except as provided in Subsection
B(7)(b) 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:
[1] 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; and any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
[2] 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.
[3] 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.
(b) Whenever the approving authority grants an extension of preliminary approval pursuant to Subsection
B(7)(a), and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The applicant may apply for the extension either before or after what would otherwise be the expiration date.
(c) The approving authority shall grant an extension of the preliminary approval for a period determined by the approving authority, but not exceeding one year from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the approving authority that the applicant was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the applicant applied promptly for and diligently pursued the required approvals. The applicant shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the approving authority from granting an extension pursuant to Subsection
B(7)(a).
(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 Subsection
B(7)(a)[1],
[2] and
[3] 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 12-26-2001 by Ord. No. 01-51]
A. The Planning Board shall first make the appropriate findings as set forth under §
107-56.
B. General development plan approval of a planned development must be granted by the Planning Board prior to the Planning Board taking action on preliminary approval on any section. Each planned development shall be developed in accordance with a general development plan approved by the Planning Board, withstanding any provision of N.J.S.A. 40:55D-1 et seq., or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.
C. The Planning Board shall take action on the general development plan application within 95 days after the submission of a complete application or within such further time as may be consented to by the developer. Failure of the Planning Board to act within the period prescribed shall constitute general development plan approval of the planned development.
D. The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth below, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development.
(1) In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider: the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.
(2) The approval may be extended by the Planning Board for good cause for additional two year periods but the Planning Board shall have the right to include with each extension a requirement that the planned development comply with such additional condition as the Planning Board may deem appropriate and in the public interest. In no case shall the term of the effect of the approval and any extensions exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development.
E. The general development plan submitted for approval to the Borough Planning Board shall include the following:
(1) A general land use plan at a scale specified by ordinance indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ration shall be provided; A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access, within the planned development and any proposed improvements to the existing transportation system outside the planned development.
(2) A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access, within the planned development and any proposed improvements to the existing transportation system outside the planned development.
(3) An open space plan showing the proposed land area and general location of parks and any other land area to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands.
(4) A utility plan indicating the need for and showing the proposed location of sewage and waterlines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid wasted disposal, and a plan for the operation and maintenance of proposed utilities.
(5) A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site.
(6) An environmental inventory including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site.
(7) A community facility plan indicating the scope and type of supporting community facilities which may include, but not be limited to, educational or cultural facilities, historic sites, libraries, hospitals, firehouses and police stations.
(8) A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.) will be fulfilled by the development.
(9) A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal.
(10) A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by municipality or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property
tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under Subsection
E(11) of this section, and following the completion of the planned development in its entirety.
(11) A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety.
F. The developer shall, to the satisfaction of the Borough, construct required improvements or post sufficient bond, notes, or letters of credit, to insure that, in the event that the planned development is not fully developed prior to the expiration of the general development plan, that adequate recreational, circulation, utility, and community facilities shall be provided to the residents and occupants of those portions of the development which are completed.
G. Approval of the planned development general development plan does not relieve the developer of the necessity to apply for preliminary and final site plan or subdivision approval for each and every section of the development and to fully comply with the requirements of this chapter.
H. Any guarantees or rights granted pursuant to approval of a subdivision or site plan for specific section shall run independently of the term of the general development plan approval.
(1) In the event that a general development plan approval expires prior to the expiration of rights granted pursuant to a subdivision or site plan for a specific section, the rights granted to that section shall remain in effect for the period guaranteed by N.J.S.A. 40:55D-1 et seq.
(2) Upon the expiration of general development plan approval, the conditional approval of the planned development shall be deemed to have expired and the land shall be regulated by the zoning regulations of the underlying district.
I. The Planning Board may condition approval upon compliance with any reasonable condition not in violation of the terms of the chapter or other applicable local, state, federal laws.
J. In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the Borough and the region, and the availability and capacity of public facilities to accommodate the proposed development.
K. Except as provided hereunder, the developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ration of nonresidential development in any section of the planned development. Any variation in the location of land uses or increase in density or floor area ration proposed in reaction to a negative decision of, or condition of development approval imposed by the Department of Environmental Protection pursuant to P.L. 1973, c. 185 (N.J.S.A. 13:19-1 et seq.) shall be approved by the Planning Board if the developer can demonstrate to the satisfaction of the Planning Board, that the variation being proposed is a direct result of such determination by the Department of Environmental Protection.
L. Except as provided hereunder, once a general development plan has been approved by the Planning Board, it may be amended or revised only upon application by the developer approved by the Planning Board. A developer, without violating the terms of the approval pursuant to N.J.S.A. 40:55D-1 et seq., may, in undertaking any section of the planned development, reduce the number of residential units or amount of nonresidential floor space by no more than 15% or reduce the residential density or nonresidential floor area ration by no more than 15%; provided, however, that a developer may not reduce the number of residential units to be provided pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.) without prior Borough approval.
M. Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purpose of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan and pursuant to Section 15 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-133). If the Borough does not receive such notification at the completion of any section of the development, the Borough shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are in compliance with the approval.
(1) If a developer does not complete any section of the development within eight months of the date provided for in the approved plan, or if at any time the Borough has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the Borough shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The Borough thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such hearing, the Borough finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter.
(2) In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development which is the subject of that general development approval within five years of the date upon which the general development plan has been approved by the Planning Board, the Borough shall have cause to terminate the approval.
N. In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.
[Added 5-26-2015 by Ord. No. 15-19]
The governing body does hereby approve and adopt the attached checklist for land development applications, to be used for applications submitted to the Planning Board and Zoning Board under Chapter
107 of the Code Book of the Borough of Glassboro.