[Amended 3-10-2004 by Ord. No. 1-04]
A.
The Land Use Board shall have approval authority of all site plans
and shall have full discretion to determine which site plans shall
come within its jurisdiction. Applications for development may be
processed without full notice and hearing if the Land Use Board or
Site Plan Review Committee finds that the application conforms to
the definition of "minor site plan." The Board shall, after hearing,
have the authority to approve site plans and minor site plans, but
shall arrange the hearing on preliminary plans so that the Borough
Council may be previously informed of such hearings and may make such
recommendations as it may see fit.
B.
Minor site
plan. Minor site plans shall be defined in accordance with the following.
A development plan for one or more lots which meets the following
criteria:
(1)
There
shall be no additional curb cuts proposed;
(2)
There
shall be no new street or extension of any off-street improvements
proposed;
(3)
Any
proposed increase in impervious area shall not be more than 10% of
the existing impervious area;
(4)
The
site must be surrounded by similar or more intense uses;
(5)
The
proposal requires no more than eight off-street parking spaces;
(6)
There
are no proposed buildings;
(7)
Any
proposed addition to an existing building shall be less than 25% of
the total usable floor area of the existing building, and the addition
shall not exceed 1,000 square feet;
(8)
There
shall be a disturbance of less than 5,000 square feet of ground area.
the Land Use Board shall make its decisions on site plans according
to the purposes stated in the Municipal Land Use Law (N.J.S.A. 40:55D-1
et seq.), amendments thereto and this chapter and according to the
standards of design set forth in this chapter. The Board shall approve
final plans only on the determination that such plans are in conformity
with previously approved preliminary plans.
A.
All site plans, except concept plans and minor site plans, when first
submitted shall be deemed preliminary plans. the Land Use Board shall
review preliminary plans and minor site plans to determine whether
the plans comply with the following:
(1)
The purposes stated in the Municipal Land Use Law (N.J.S.A. 40:55D-1
et seq.)
(2)
The requirements of this chapter, including standards of design established
herein.
(3)
The requirements of the National Flood Insurance Act of 1968, as
amended, to ensure that all proposals are consistent with the need
to minimize flood damage; that all public utilities and facilities,
such as sewer, gas, electrical and water systems, are located, elevated
and constructed to minimize or eliminate flood damage; and that adequate
drainage is provided so as to reduce exposure to flood hazards.
(4)
Whether the plans have been referred to appropriate agencies for
review, if so required, by the Coastal Wetlands Act (N.J.S.A. 13:9A-1
et seq.), the New Jersey County and Regional Plan Enabling Act (N.J.S.A.
40:27-1 et seq.), the Realty Improvement Sewerage and Facilities Act
of 1954 (N.J.S.A. 58:11-23 et seq.), the Flood Control Act of 1972
(N.J.S.A. 58:16A-50 et seq.) or other applicable environmental laws,
rules or regulations. In the event that the application requires approval
by a governmental agency other than the Land Use Board, the Land Use
Board shall, in appropriate instances, condition its approval upon
the subsequent approval of such governmental agency.
B.
If an application for development is found to be incomplete, the
developer shall be notified in writing of the deficiencies therein
by the Board or the Board's designee within 45 days of the submission
of such application, or it shall be deemed to be properly submitted.
C.
An application shall be certified as complete immediately upon the
meeting of all requirements specified in this chapter and in the rules
and regulations of the Land Use Board and shall be deemed complete
as of the day it is so certified by the administrative officer for
purposes of the commencement of the time period for action by the
Land Use Board.
Upon the submission of a complete application for a minor site
plan which involves 10 acres of land or less, the Land Use Board shall
grant or deny preliminary approval 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 site
plan which involves more than 10 acres or more than 10 dwelling units,
the Land Use Board 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 developer. If the Land Use Board fails
to act within the above time limits, the Board shall be deemed to
have granted preliminary approval to the site plan.
If the Land Use Board requires any substantial amendment in
the layout of improvements proposed by the applicant that have been
the subject of a hearing or if the applicant, on his own initiative,
makes substantial changes after the hearing, an amended application
shall be submitted and proceeded upon as in the case of the original
application for preliminary approval.
A.
The regulations, requirements and standards contained in this chapter
constitute the minimum requirements for the protection of the public
health, safety, convenience and welfare, as affected by the development
of lands, of the inhabitants of the Borough, and the Land Use Board
shall give primary consideration to such fact in deciding upon all
actions taken by it under this chapter; provided, however, that if
the applicant can demonstrate that, because of peculiar conditions
pertaining to the land proposed to be developed, the literal enforcement
of one or more of the said regulations, requirements and standards
is impractical or will result in undue hardship, the Land Use Board
may waive or modify such provisions as will be reasonable and within
the general purpose and intent of said regulations, requirements and
standards established by this chapter.
B.
In any case of peculiar conditions pertaining to the land proposed
to be developed, if the minimum standards herein provided are determined
by the Land Use Board to be inadequate for the protection of the public
health, safety, convenience and welfare, then the Land Use Board may
require compliance with such additional standards as it deems reasonable
and within the general purpose and intent of this chapter.
C.
Upon the submission of a complete application for final site plan
approval, the Land Use Board shall grant or deny final approval within
45 days after submission, or within such further time as may be consented
to by the applicant, or within 95 days where a site plan of more than
10 acres is submitted.
D.
Whenever review or approval of the site plan application by the County
Planning Board is required pursuant to N.J.S.A. 40:27-6.6 (site plan),
the Land Use Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board or approval by the County Planning Board by its failure
to report thereon within the required time.
Each decision of the Land Use Board on any application for development shall be reduced in writing and shall include findings of facts and conclusions based thereon and conditions, if any. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application. Such actions shall be memorialized by written resolution, as required by N.J.S.A. 40:55D-10g. Where the application for site plan approval is subject to review and/or approval of other governmental agencies such as the Gloucester County Planning Board and those agencies listed in § 96-9A(4) of this Article, preliminary approval shall be subject to the condition that such reviews and/or approvals be obtained from such agencies.
Rights of applicants with respect to developments after preliminary
plan approval and upon approval of site plans shall be as specified
in N.J.S.A. 40:55D-52, except for minor site plan approval, which
shall be as specified in N.J.S.A. 40:55D-46.1.
A.
Fee for review of preliminary plans.
(1)
A review fee in the amount set forth in Chapter 205 to defray costs of technical reviews shall be paid to the Borough by the applicant at the time an application for a multiple-family apartment project, townhouse or other project requiring site plan review by the Borough. The fee for review of plans for a shopping center, commercial establishment, industrial establishment or other nonresidential use which by this chapter requires site plan review shall be as set forth in Chapter 205. The fee for a site plan waiver requiring review of the Land Use Board Engineer shall be as set forth in Chapter 205. Such fees shall be paid to the Borough Clerk when preliminary plans are submitted and are nonrefundable whether or not the application is approved.[1]
(2)
Such fees shall be used to pay the costs of professional personnel
retained by the Borough to process, review and make recommendations
on the land planning, legal and engineering aspects of applications
and plans. Should such costs exceed the amount of fees paid on any
project, the applicant shall be so advised by the Borough Clerk and
rendered a written itemization of such costs. Such excess costs shall
be paid by the applicant prior to consideration for approval of plans.
B.
Fees for construction review and inspection.
(1)
After approval of a plan but prior to construction, the applicant shall deposit with the Borough a sum of money which the Borough Treasurer shall deposit in an escrow account to cover the costs of engineering and other technical review of the installation of improvements which affect the public interest. The Borough Treasurer shall use the funds so deposited to pay the fees and costs of any advertising and any professional personnel employed, including the Borough Engineer, to process, review and make recommendations on and inspections of the construction of required improvements. The Borough Treasurer shall make disbursements from the escrow account in accordance with the usual voucher system employed by the Borough. The applicant shall, upon request, be given an accounting of the funds so disbursed. Said escrow account shall be separate from and in addition to the plan review fees set forth above. The amount of money required to be deposited by the applicant shall be as set forth in Chapter 205.[2]
(2)
If at any time during the review and inspection of the construction
of the said off-site improvements it becomes evident that the escrow
account is or will be insufficient to cover the costs thereof, the
applicant shall make such additional deposits in amounts to be determined
by the Borough Council on recommendation by the Borough Engineer,
based upon the estimated remaining costs required to properly review
and inspect the off-site improvements. The applicant shall be given
a written itemization of costs chargeable to the escrow account whenever
funds in the account are insufficient to cover costs and upon final
acceptance of improvements. Any excess funds held in the escrow account
at the time of final acceptance of the improvements shall be promptly
returned to the applicant, without interest, after payment of all
outstanding fees for engineering and other technical review and inspection.
For the purpose of this section, the term "required improvements"
shall mean all street improvements, both internal and external, including
grading and paving, parking areas, sidewalks, curbs, gutters, streetlighting,
shade trees, water mains, culverts, storm sewers, sanitary sewers,
pumping stations, drainage structures, recreational facilities and
such other improvements as may be found to be necessary in the public
interest in accordance with Borough regulations.
