The purpose of this article is to establish the procedure for
Planning Board review and action on applications for subdivisions
and/or site plans. The procedure is intended to provide orderly and
expeditious processing of such applications.
A.
Subdivision. Approval of subdivision plats by resolution of the Planning
Board is hereby required as a condition for the filing of such plats
with the county recording officer.
B.
Site plans.
[Amended 4-5-2021 by Ord. No. 2021-05; 11-15-2021 by Ord. No. 2021-14; 3-7-2022 by Ord. No. 2022-01; 4-4-2022 by Ord. No. 2022-04]
(1)
Administrative
approval. The Engineer for the Palmyra Land Use Board, in consultation
with and approval of the Borough Administrator, shall be and is hereby
authorized to grant administrative approval with respect to applications
for development and redevelopment with respect to the following:
(a)
Modifications or alterations to site plans, buildings or structures
which have previously received site plan approval from the Land Use
Board where the Engineer for the Land Use Board, in his or her sole
discretion, determines that such alterations or modifications are
minor in nature and do not implicate concerns of aesthetics, circulation,
grading, drainage or other issues of concern to the Land Use Board,
and:
[1]
Will conform to the bulk standards set forth in the Land Development
Code or Redevelopment Plan, as amended; and
[2]
Will not decrease the number of off-street parking or loading spaces
below the number of parking or loading spaces otherwise required by
the applicable provisions of the redevelopment plan or zoning ordinance,
as applicable;
[3]
Involves building addition to nonresidential use of 1,000 square
feet or 15% of total existing/approved floor area, whichever is less.
[4]
Will not result in an increase in lot coverage; or
[5]
Other changes to the site plan or project which the Land Use Board
Engineer in his or her sole discretion deem sufficiently minor in
nature so as not to require review by the Land Use Board.
(b)
The application is one which seeks approval to phase a previously
approved site plan. Minor modifications to the previously approved
site plan shall be permitted as part of the phasing plan provided
that no such modifications shall result in a violation of any of the
bulk criteria set forth in the Land Use Ordinance or Route 73 South
Redevelopment Plan, as amended, and each constituent phase for which
approval is sought shall provide sufficient supportive infrastructure
such as, without limitation, parking, loading, driveways, on-site
circulation, stormwater management and any other infrastructure which
in the reasonable opinion of the Land Use Board Engineer is necessary
to support that constituent phase of development.
(c)
All administrative approvals obtained through the procedures set
forth in this subsection shall be documented by a site plan or plans
setting forth such revisions signed and sealed by a licensed engineer
or architect, and signed by both the Palmyra Land Use Board Engineer
and Borough Administrator, and no administrative approvals shall be
valid without the signatures of both the Palmyra Land Use Board Engineer
and the Borough Administrator.
(2)
The
governing body is adopting this subsection in an effort to expedite
the approval of minor changes to approved site plans.
(3)
Applicants
requesting administrative review for minor revisions and/or additions
to a site plan shall be required to submit a site plan application.
This application shall be limited to the changes proposed and shall
provide sufficient information to fully describe the changes proposed.
The Land Use Board Engineer shall determine if an administrative remedy
is appropriate for each particular case and shall be empowered, in
consultation with and the approval of the Borough Administrator, to
grant approval in lieu of Land Use Board action, if the application
falls within the above criteria. The filing fee for any application
for administrative approval shall be identical to the site plan application
fee and the required escrow deposit shall be identical to the escrow
that would be required for the project as if it were the subject of
a site plan application to the Land Use Board.
C.
Exceptions. Individual lot applications for single-family dwelling
unit shall be exempt from site plan review.
A.
Site plans.
(1)
The Planning Board may waive the requirements for site plan approval where there is a change in use or occupancy and minimal construction or improvements are proposed. The waiver may be granted only by a resolution finding that the use will not affect drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting, and other considerations specified in Article V of this chapter.
(2)
An application for a site plan waiver shall be required and shall
include a discussion of the prior use of the site, the proposed use,
any proposed construction or improvements, and the impacts of the
use.
C.
Subdivision and site plan regulations.
(1)
The Planning Board, when acting upon applications for preliminary
or minor subdivision approval, shall have the power to grant such
exceptions from the requirements for subdivision approval as may be
reasonable and within the general purpose and intent of the provisions
for subdivision review and approval of this code if the literal enforcement
of one or more of the provisions is impracticable or will exact an
undue hardship because of particular conditions pertaining to the
land in question.
A.
Purpose. For the purpose of expediting applications and reducing
subdivision and site plan design and development costs, the developer
may request a pre-application conference and/or concept plan in accordance
with the following requirements:
B.
Pre-application conference.
(1)
At the request of the applicant, the Planning Board or its designated
representative shall authorize a pre-application conference. The purpose
of this conference is to:
(a)
Acquaint the applicant with the substance and procedural requirements
of the Subdivision and Site Plan Ordinance.
(b)
Provide for an exchange of information regarding the proposed
development plan and applicable elements of the Master Plan, Zoning
Ordinance and other development requirements.
(c)
Advise the applicant of any public sources of information that
may aid the application.
(d)
Otherwise identify policies and regulations that create opportunities
or pose significant constraints for the proposed development.
(e)
Review any proposed concept plans and consider opportunities
to increase development benefits and mitigate undesirable project
consequences.
(f)
Permit input into the general design of the project.
(2)
The pre-application conference allows the applicant to meet with
appropriate municipal representatives. These individuals, who shall
be designated by the Chairman of the Planning Board or his designated
representative, may include:
(a)
Municipal Engineer(s), Planner, Board Solicitor.
(b)
Municipal Construction Official and Zoning Officer.
(c)
Other municipal employees.
(d)
Representative(s) from the Planning Board and the Board of Adjustment.
(e)
Representatives from municipal environmental, historic preservation,
and other commissions, as deemed appropriate.
(f)
Subdivision and Site Plan Committee or representative(s) if
this committee is established.
(g)
Any other municipal representative(s) invited by the Planning
Board Chairperson or his designated representative.
(3)
Applicants seeking a pre-application conference shall submit the items stipulated in § 158-34B of this chapter. These items provide the subdivider or developer and Planning or Subdivision and Site Plan Committee with an opportunity to discuss the development proposal in its formative stages.
(4)
Fees, copies required and submission dates for these applications shall be as set forth in Article VIII of this chapter. In addition, the applicant must reimburse the Borough for actual costs of engineering or legal expenses for review of the application and/or attendance by professionals at the meeting. The applicant may request a brief written summary of the concept plan review to be provided within 15 days after the final meeting.
(5)
The applicant shall not be bound by the determination of the pre-application
conference nor shall the Planning Board or Subdivision and Site Plan
Committee be bound by any such review.
C.
Concept plan.
(1)
In addition or as an alternative to the pre-application conference,
at the request of the applicant, the Planning Board or the Subdivision
and Site Plan Committee shall grant an informal review, at a public
meeting, of a concept plan for a development for which the applicant
intends to prepare and submit an application for development.
(2)
The purpose of the concept plan is to provide Planning Board or Subdivision
and Site Plan Committee input in the formative stages of subdivision
and site plan design.
(3)
The applicant seeking concept plan informal review shall submit the items stipulated in § 158-34B of this chapter. These items provide the subdivider or developer and Planning or Subdivision and Site Plan Committee with an opportunity to discuss the development proposal in its formative stages.
(4)
Fees, copies required and submission dates for these applications shall be as set forth in Article VIII of this chapter. In addition, the applicant must reimburse the Borough for actual costs of engineering or legal expenses for review of the application and/or attendance by professionals at the meeting. The applicant may request a brief written summary of the concept plan review to be provided within 15 days after the final meeting.
(5)
The applicant shall not be bound by any concept plan for which review
is requested, nor shall the Planning Board or Subdivision and Site
Plan Committee be bound by any such review. The municipality may require
notice of the concept plan meeting pursuant to N.J.S.A. 40:55D-12.
A.
Assignment.
(2)
The Administrative Officer will make the initial determination as to the types of applications that may be filed and the appropriate Board to hear the application based on the criteria in the definitions in Article II of this chapter and current applicable state law.
(3)
If the applicant disagrees with the initial determination, he shall
request that the decision of the Administrative Officer be provided
in writing and may appeal the Administrative Officer's decision concerning
the determinations above to the Planning Board. This appeal shall
be in writing putting forth the facts and arguments as to why the
applicant disagrees with the Administrative Officer and what remedy
is requested. Such appeal submittal must be provided to the Administrative
Officer at least 14 days prior to the next scheduled Planning Board
meeting. No fee or public notice is required. However, the development
application itself cannot be scheduled to be heard at the same meeting.
B.
Content, fees, and submission dates. An application for development shall include the items specified in § 158-34B of this chapter which constitutes a checklist of items to be submitted for subdivision and site plan review. A copy of this checklist shall be completed by the applicant, and submitted with the application form. Fees, copies required and submission dates for these applications shall be as set forth in Article VIII of this chapter.
C.
Payment of all municipal obligations required. No municipal action
will be taken as to any application for development unless verification
is provided that all monetary payments legally due to the Borough
for property taxes, water and/or sewer use charges, assessments, development
review fees from this or any other application or any other municipal
matter are fully paid in accordance with law.
D.
Notice. An application for development for any of the approvals listed in § 158-30A(1) of this chapter shall require a public hearing and notice before the Planning Board (or Board of Adjustment where appropriate). Notice of any such hearing shall be given by the applicant pursuant to N.J.S.A. 40:55D-10 through 12.
E.
Complete application.
(1)
A subdivision and site plan application shall be complete for purposes
of commencing the applicable time period for action by the Planning
Board when so certified by the Administrative Officer.
(a)
In the event that the Administrative Officer does not certify
the application to be complete within 45 days of the date of its submission,
the application shall be deemed complete upon the expiration of the
forty-five-day period for purposes of commencing the applicable period
of time unless:
[1]
The application lacks information indicated on the checklist of items to be submitted specified in § 158-34B and provided in writing to the applicant; and
[2]
The Administrative Officer has notified the applicant, in writing,
of the deficiencies in the application within 45 days of submission
of the application.
(b)
The applicant may request that one or more of the submission requirements be waived, (beyond any already waived by the Administrative Officer per §§ 158-28A and 158-34C of this chapter) in which event the Board or its authorized committee shall grant or deny the request within 45 days of the date of its submission.
(c)
Nothing herein shall be construed as diminishing the applicant's
obligation to prove during the application process that the applicant
is entitled to approval of the application. The Planning Board may
subsequently require correction of any information found to be in
error and submission of additional information not specified in the
code or any revisions in the accompanying document, as are reasonably
necessary for approval of the application for development to have
been met. The application shall not be deemed incomplete for lack
of any such additional information or any revisions in the accompanying
documents so required by the Planning Board.
(2)
An applicant may appeal the Administrative Officer's decision concerning
the completeness of the application to the Board which has jurisdiction
to hear the application. The Board shall have 45 days after receipt
of a written request to schedule a public hearing at which time the
Board will determine if the application is complete. The Board shall
affirm, modify, or reverse the decision of the Administrative Officer.
A.
Submission and review.
(1)
Any applicant requesting approval of a proposed minor subdivision or minor site plan as defined in this code shall submit to the Administrative Officer the appropriate number of copies of the items required in § 158-34B of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes, Borough water or sewer charges, or Borough assessments of any kind are outstanding against the property.
(2)
The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of § 158-30E of this chapter.
(3)
The minor subdivision or site plan shall thereafter be referred to
the Planning Board for a hearing in due course. The Subdivision or
Site Plan Committee, as appropriate, shall review the application
and shall comment and make written recommendations to the Planning
Board.
B.
Action and approval.
(1)
The action of the Planning Board under this article must be taken within 45 days, or 120 days if a variance pursuant to N.J.S.A. 40:55D-60a or N.J.S.A. 40-55D-70 is involved, of a complete application as defined in § 158-30E of this chapter or within such further time as is agreed to by the applicant and the Board. Failure of the Planning Board or committee to act within the period prescribed shall constitute minor subdivision or minor site plan approval and a certificate of the Administrative Officer as to the failure of the Planning Board or committee to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
(2)
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, N.J.S.A.
46:23-9.9 et seq, or a deed clearly describing the approved minor
subdivision is filed by the developer with the County Recording Officer,
the Municipal Engineer, and the Municipal Tax Assessor as specified
by N.J.S.A. 40:55D-1 et seq. Any such plat or deed accepted for such
filing shall have been submitted to the Administrative Officer for
review and for the signatures of the chairperson and secretary of
the Planning Board.
C.
Effect of approval. The zoning requirements and general terms and
conditions, whether conditional or otherwise, upon which minor subdivision
and/or site plan approval was granted, shall not be changed for a
period of two years after the date of the approval of the resolution
of the minor subdivision and/or site plan.
A.
Preliminary approval of major subdivision and major site plans,
(1)
The applicant seeking preliminary major subdivision or preliminary major site plan approval shall submit to the Administrative Officer of the Planning Board the appropriate number of copies of the materials stipulated in § 158-34B of this chapter.
(2)
The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of § 158-30E of this chapter.
(3)
The Subdivision or Site Plan Committee, as appropriate, shall review
the application and shall comment and make recommendations to the
Planning Board. The major subdivision or site plan shall thereafter
be referred to the Planning Board for a hearing in due course.
(4)
A complete application for a subdivision of 10 or fewer lots, or
for a site plan of 10 acres of land or less or 10 dwelling units or
less shall be acted upon within 45 days of the date of such submission,
or 120 days if a variance is required, or within such further time
as may be consented to by the developer. A subdivision of more than
10 lots, or a site plan that involves more than 10 acres of land or
more than 10 dwelling units, shall be acted upon within 95 days of
the date of such submission, or 120 days if a variance is required,
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
subdivision or site plan approval.
B.
Effect of preliminary approval of major subdivision and major site
plan.
(1)
Preliminary approval of a major subdivision and site plan shall, except as provided in Subsection B(4) of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.
(2)
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 sizes; yard dimensions and off-tract improvements; and, in the
case of a site plan, any requirements peculiar to site plan approval
pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be
construed to prevent the municipality from modifying by code such
general terms and conditions of preliminary approval as related to
public health and safety.
(3)
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 subdivision plat or site plan, as the
case may be.
(4)
That the applicant may apply for and the Planning Board may grant
extension 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 and improvement standards have been revised to
this code, such revised standards may govern.
(5)
Where a developer plans to install the site improvements prior to final approval, the developer may submit the engineering plans and specifications for the improvements to the Municipal Engineer, who shall review and approve or deny them within 35 days. In the event of a denial, the specific reasons must be enumerated in a letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within 20 days with the same requirement as previously imposed for a denial. After the plans are approved, the developer may install the site improvements prior to final approval. The developer shall be required to furnish a restoration bond for 120% of the maximum cost of restoring the site in the event that the improvements are not complete within two years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit, or an escrow account in accordance with Article VII of this chapter. The type, form, and amount of the bond are subject to the approval of the Municipal Engineer and the municipal attorney.
C.
Final approval of major subdivision and major site plan.
(1)
An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the Administrative Office of the Planning Board the appropriate number of copies of the materials specified in § 158-34B of this chapter. In addition, one original tracing, one translucent cloth copy and two cloth prints of subdivision plats shall be submitted. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board. The final plat shall also be accompanied by a statement from the Municipal Engineer that the municipality is in receipt of as-built plans showing all streets and utilities and other improvements in exact location and elevation and identify those portions already installed and those to be installed, and/or certified in the amount of performance guarantees required to assure completion of those improvements not yet installed as stipulated in Article VII of this chapter.
(2)
The application for final subdivision or site plan approval shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of § 158-30E of this chapter.
(3)
Final approval shall be granted or denied within 45 days after submission
of a complete application to the Administrative Officer or within
such further time as may be consented to by the applicant. Failure
of the Planning Board to act within the period prescribed shall constitute
final approval and a certificate of the Administrative Officer as
to the failure of the Planning Board to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other evidence of approval, herein required, and shall
be so accepted by the County Recording Officer for purposes of filing
subdivision plats.
(4)
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat by the Chairperson and secretary of the
Planning Board unless within such period the plat shall have been
duly filed by the developer with the County Recording Officer. The
Planning Board may for good cause shown, extend the period for recording
for an additional period not to exceed 190 days from the date of signing
of the plat.
(5)
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and secretary of the Planning Board or a certificate has been issued. The signatures of the Chairman and secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to Article VI of this chapter.
D.
Effect of final approval of major subdivision and major site plan.
(1)
The zoning requirements applicable to the preliminary approval granted
and all other rights conferred upon the developer pursuant to preliminary
approval whether conditionally or otherwise shall not be changed for
a period of two years after the date of final approval, provided that
in the case of major subdivision the rights conferred by this section
shall expire if the plat has not been duly recorded within the time
period provided in N.J.S.A. 40:55D-54. If the developer has followed
the standards prescribed for final approval and in the case of subdivision
has fully recorded the plat, the Planning Board may extend such period
of protection for extensions of one year, but not to exceed three
extensions.
A.
Concurrent jurisdiction. The Board of Adjustment has concurrent jurisdiction
to hear applications under this article when those applications involve
an application for a use variance pursuant to N.J.S.A. 40:55D-70d.
B.
Exercise of power. The Board of Adjustment shall have all of the power awarded to the Planning Board under this article and shall follow all of the procedures set forth herein when reviewing applications for subdivisions and site plans pursuant to its concurrent jurisdiction, except that the Board of Adjustment shall not conduct a pre-application conference or consider a concept plan, as set forth in § 158-27 of this chapter.
A.
Purpose. The documents to be submitted are intended to provide the
Planning Board with sufficient information and data to assure compliance
with all municipal codes and specifications and ensure that the proposed
development meets the design and improvement standards contained in
this code. The specification of documents to be submitted is based
on the type of development and particular stage of development application.
B.
Required documents. The documents to be submitted are shown on Exhibit
158-34.[1]
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
C.
Waiver of application requirements. In specific cases and for documented
reasons, the Administrative Officer may waive the submission of a
particular document. The Administrative Officer shall send notice
of said waiver with the reasons to the applicant, Borough Engineer,
and any committee of the Board designated to review said subdivision
or site plan application.
