[Ord. No. O-2016-4]
An application for development shall be submitted (1) prior
to the subdivision or resubdivision of land or (2) prior to the issuance
of a building permit or certificate of occupancy for any development
for which site plan approval is required. Application for subdivision
or site plan, as the case may be, shall be submitted to and approved
by the Land Use Board acting as the Planning Board in accordance with
the requirements of this chapter. Site plan approval shall be required
for any new building, any addition to an existing building that reduces
or requires additional off-street parking, adversely impacts drainage
on surrounding properties, requires a variance and/or is otherwise
inconsistent with the Borough's Land Use ordinances, any change in
use of an existing building, any off-street parking area or alteration
of said parking area or any other site improvement. Application for
seasonal uses may either be included in a site plan application for
the year-round use or be subject to an annual review for a temporary
use permit. Application for detached one- or two-family dwelling unit
buildings shall be exempt from site plan review and approval. For
any application requiring site plan approval involving less than a
ten (10%) percent increase in floor area and/or five (5) new parking
spaces, the Land Use Board acting as the Planning Board may permit
the submission of a minor site plan containing such information as
will make it possible to determine whether or not such site plan meets
all of the requirements of this chapter. The Land Use Board acting
as the Planning Board may also permit the submission of a combined
preliminary and final site plan application when, due to conditions
relating to the nature of the development, separate preliminary and
final site plan applications would not be necessary to meet the purposes
of this chapter. In such instances, all procedures and requirements
applicable to preliminary site plans, unless otherwise waived by the
Land Use Board acting as the Planning Board, shall be followed.
A.Â
Review by Zoning Board of Adjustment. In the event that the subdivision
or site plan application requires action by the Board of Adjustment
as provided in Section 21-44.A7 of this chapter, said application
shall be submitted to and processed by said Board, which shall act
in the same manner as the Planning Board as provided in this chapter.
B.Â
Filing with County Planning Board. When approval of the County Planning
Board is required, the applicant shall also file the application with
that agency in accordance with its rules and regulations.
C.Â
Content of Application. An application for development shall include any and all data and material as required for the appropriate type of application by Article VIII and as indicated on the applicable checklist. At a minimum, an application for development shall include eighteen (18) copies of the application form, plans and plats, and required reports, one (1) copy of the completed checklist, four (4) copies of any disclosure forms, four (4) copies of any existing or proposed easements, deed restrictions or covenants affecting the site and the appropriate fees.
D.Â
Filing Fees. The application shall be accompanied by filing fees
pursuant to Part 6 of this chapter to cover the technical, investigative
and administrative expenses involved in processing the application.
E.Â
Complete Application. A subdivision or site plan application shall
be complete for purposes of commencing the applicable time period
for action when so certified by the Administrative Officer or designee.
In the event that the Administrative Officer or designee does not
certify the application to be complete within forty-five (45) days
of the date of its submission, the application shall be deemed complete
upon the expiration of the forty-five (45) day period for purposes
of commencing the applicable time period unless (1) the application
lacks information indicated on the checklist, (2) the checklist has
been provided in writing to the applicant, and (3) the Land Use Board
acting as the Planning Board or its authorized committee or designee
has notified the applicant, in writing, of the deficiencies in the
application within forty-five (45) days of submission of the application.
The applicant may request that one (1) or more of the submission requirements
be waived, in which event the Board or its authorized committee shall
grant or deny the request within forty-five (45) days of the date
of its submission. Nothing herein shall be construed as diminishing
the applicant's obligation to prove in the application process that
the applicant is entitled to approval of the application. The Board
may subsequently require correction of any information found to be
in error, submission of additional information not specified in the
ordinance, or any revisions in the accompanying documents, as are
reasonably necessary to make an informed decision as to whether the
requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents required by the Board.
F.Â
Informal Review of Sketch or Concept Plan. At the request of an applicant,
the Land Use Board acting as the Planning Board shall grant an informal
concept review of a sketch or concept plan for a development for which
the applicant intends to prepare and submit an application for development.
The applicant shall not be bound by any such plan for which review
is requested; and the Planning Board shall not be bound by any such
review. The sketch plan shall be in sufficient detail to allow the
Planning Board to make an informed decision on the merits of the proposed
development. The submission of a sketch or concept plan is recommended
prior to the filing of a formal application for preliminary subdivision
or site plan approval.
From the date of the submission of a complete application for
development to the Administrative Officer or an appeal taken from
the decision of a municipal officer, the approving authority shall
render its decision within the maximum number of days as specified
below or within such further time as may be consented to by the applicant.
Where more than one type of application is involved, the longer time
period shall apply.
|
Type of Application
|
Time Period (Days)
|
|---|---|
|
Site Plans
| |
|
Minor
|
45
|
|
Preliminary Approval (10 acres or less, 10 units
or less)
|
45
|
|
Preliminary Approval (10 acres or less, 10 units
or less)
|
95
|
|
Final Approval
|
45
|
|
Subdivisions
| |
|
Minor
|
45
|
|
Preliminary Approval (10 lots or less)
|
45
|
|
Preliminary Approval (More than 10 lots)
|
95
|
|
Final Approval
|
45
|
|
Conditional Use Authorization
|
95
|
|
Variance
|
120
|
|
Appeal from the decision of a municipal officer
|
120
|
|
Direction for issuance of a Building Permit
|
120
|
