[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.