[Ord. No. OR:09/01 § 28-801]
The Planning Board and the Zoning Board of Adjustment shall
have the powers granted by N.J.S.A. 40:55D-1 et seq. The Planning
Board and Zoning Board of Adjustment shall establish procedures in
their bylaws for the orderly review of applications consistent with
the MLUL and other applicable requirements of law.
[Ord. No. OR:09/01 § 28-802]
A.
Subdivision Review. All subdivisions as defined in this chapter are
subject to the review procedures and time periods for decision specified
in N.J.S.A. 40:55D-1 et seq.
B.
Site Plan Review. All site plans as defined in this chapter are subject
to the review procedures and time periods for decision specified in
N.J.S.A. 40:55D-1 et seq. and the following provisions.
1.
No construction permit shall be issued for any new structure or for
an addition or alteration to an existing structure, and no certificate
of occupancy shall be issued for any change of use of an existing
structure until the site plan has been reviewed and approved by the
municipality except that:
a.
A construction permit for a single-family detached dwelling unit
or a two-family dwelling unit and/or their accessory building(s) or
accessory uses on a lot shall not require site plan approval.
b.
Any change of use from one permitted category of nonresidential use
to another permitted category of nonresidential use shall not require
site plan approval if:
(1)
Both the Construction Official and Zoning Officer certify to
the Board in writing that the existing site development meets the
requirements of this chapter for the new use category;
(2)
The new use category does not require an increase in the number
of required parking spaces; and
(3)
The Planning Board concurs with the findings of the Construction
Official and Zoning Officer.
c.
Permitted accessory structures to residential and agricultural/horticultural
uses shall not require site plan approval.
d.
Building alterations shall not require site plan approval if the
following conditions apply:
(1)
There is no change in use;
(2)
No additional parking is required;
(3)
No additional building area is proposed;
(4)
No variance is required;
(5)
There is no major change in circulation proposed such as drive-through
windows, ingress or egress drives, changes in internal circulation,
loading or unloading, delivery or pickup of goods and services or
trash collection; and
(6)
There are no major changes in a significant site facility or
improvement such as a drainage facility, buffer or landscaping features
and the like.
e.
Fences not included as part of a site plan application shall not
require site plan approval, but shall require the issuance of a zoning
permit.
f.
Signs not included as part of a site plan application shall not require
site plan approval, but shall require the issuance of a zoning permit
except as exempted by this chapter
2.
An applicant may elect to file for preliminary and final site plan
approval simultaneously to expedite the review process. The site plan
shall be prepared according to the requirements stipulated for final
approval. Developers electing to by-pass the preliminary approval
stage are doing so at the peril of added expense if changes in design
are required.
C.
Variance Relief. All applications for variance relief to the Zoning Board of Adjustment not involving any related site plan, subdivision or conditional use approval shall be filed with the Administrative Officer at least thirty (30) days prior to the regular meeting of the Zoning Board of Adjustment and shall include the information and materials listed on the checklist for variances attached to this chapter,[1] and the fees in accordance with this chapter. Review procedures
and time periods for decision shall be as specified in N.J.S.A. 40:55D-1
et seq.
[1]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
D.
Informal Review by the Planning Board. At the request of any party,
the Planning Board shall grant one (1) informal review, without a
fee pursuant to § 901 of this chapter, regarding a concept
plan for a development for which a developer intends to prepare and
submit an application for development. Additional meetings shall be
scheduled at the discretion of the Planning Board. No professional
review(s) will be undertaken unless the developer has agreed to pay
for said review(s) and has established an escrow account also in accordance
with this chapter.
[Ord. No. OR:09/01 § 28-803]
A.
Procedure for Submitting Minor Subdivision Plats and Minor Site Plans. The applicant shall submit to the Administrative Officer all information and materials listed on the checklist for such applications attached to this chapter,[1] and the fees in accordance with this chapter.
[1]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
B.
Details Required for Minor Subdivision Plats and Minor Site Plans. Each submission shall be in accordance with the applicable checklist for such application attached to this chapter.[2]
[2]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
[Ord. No. OR:09/01 § 28-804]
A.
Procedure for Submitting Preliminary Major Subdivision Plats and Preliminary Major Site Plans. The applicant shall submit to the Administrative Officer all the information and materials listed on the checklist for such applications attached to this chapter,[1] and the fees in accordance with this chapter.
[1]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
B.
Details Required for Preliminary Major Subdivision Plats and Preliminary Major Site Plans. Each submission shall be in accordance with the applicable checklist for such application attached to this chapter.[2]
[2]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
C.
Effect of Preliminary Approval of Major Subdivision Plats and Major
Site Plans. Preliminary approval shall confer rights upon the applicant
and the Board may grant extensions of those rights in accordance with
N.J.S.A. 40:55D-1 et seq.
[Ord. No. OR:09/01 § 28-805]
A.
Procedure for Submitting Final Major Subdivision Plats and Final Major Site Plans. The applicant shall submit to the Administrative Officer all information and materials listed on the checklist for such applications attached to this chapter,[1] and the fees in accordance with this chapter.
[1]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
B.
Details Required for Final Major Subdivision Plats and Final Major Site Plans. Each submission shall be in accordance with the applicable checklist for such application attached to this chapter.[2]
[2]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
C.
Effect of Final Approval of Major Subdivision Plats and Major Site
Plans. Final approval shall confer rights upon the alteration and
the Board may grant extensions of those rights in accordance with
N.J.S.A. 40:55D-1 et seq.
[Ord. No. OR:09/01 § 28-806]
A.
Checklist. The purpose this chapter is advanced by adopting checklists[1] which state the requirements of submission of all applications
for development to the Borough Planning Board or Board of Adjustment.
Such requirements shall be necessary to allow the Administrative Officer
or designee to rule on whether or not an application may be deemed
complete and placed on the agenda of the Board with jurisdiction.
[1]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
B.
Submission. Every application for development submitted to the Borough
for review by the Planning Board or Board of Adjustment shall first
be submitted to the Administrative Officer or designee for a determination
as to whether or not the application may be deemed complete. An application
shall be deemed complete by the Administrative Officer or designee
if such application furnishes all required information as described
in the applicable checklist. In the event that an applicant does not
wish to supply all information as required by the checklist, the applicant
must request that the specific submission requirement be waived.
C.
Review. The Administrative Officer or designee shall notify each
applicant, in writing, within forty-five (45) days of submission of
the application as to whether or not the application is deficient
due to the applicant's failure to furnish information as required
by the applicable checklist.
D.
Completeness. A complete application shall include the appropriate
land use application, including submitting all accompanying information
and documents, along with the applicable checklist adopted by this
chapter[2] and provided to the applicant.
[2]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
E.
Specific Requirements. In addition to the application and checklist,
no subdivision or site plan application shall be deemed complete unless:
the property which is the subject of the proposed subdivision or site
plan application is serviced by septic system or sanitary sewer and
well water or public water. Applicants shall be required, as a condition
of completeness for all subdivision and site plan applications, to
obtain approval from the Board of Health for a septic system and well
water or obtain a public sanitary sewer and public water utility certifications
allocating capacity to the property. A sanitary sewer capacity allocation
and connection or collection system extension approval to serve the
proposed development must be obtained from the Borough Governing Body.
A Water Main Extension Agreement or Will Serve Letter must be obtained
from the appropriate water utility. Prior to being deemed complete,
the Health Officer shall have approved each lot as capable of proper
sewage disposal, either by being connected to the public sewage disposal
system or by use of some other approved method pursuant to the Code
of the Borough of Watchung and by the Board of Health Ordinances.
F.
Off-Tract Public Sanitary Sewer and Public Water. Where there is
a need for off-tract public sanitary sewer or public water service,
the applicant shall, as a condition of completeness and at the applicant's
sole cost and expense, obtain all property rights outside the boundaries
of the development for the installation of sanitary sewer or water
services. Such property rights, upon completion and acceptance of
the off-tract utility improvements shall be dedicated to the Borough
of Watchung and water utility.
G.
Forms. The Borough hereby adopts the following Checklist forms (attached
in Appendix D):
1.
Variance Application Checklist—Details Required for Variance
Applications.
2.
Informal Application Checklist—Details Required for Informal
Review Applications.
3.
Minor Application Checklist—Details Required for Minor Subdivision
Plats and Minor Site Plans.
4.
Preliminary Major Application Checklist—Details Required for
Preliminary Major Subdivision Plats and Preliminary Major Site Plans.
5.
Final Major Application Checklist—Details Required for Final
Major Subdivision Plats and Final Major Site Plans.
[Ord. No. OR:09/01 § 28-807]
The Borough hereby authorizes the adoption of a Compliance Review
Procedure to be followed by all applicants whose applications for
development have been approved by either the Planning Board or Board
of Adjustment. The Compliance Review Procedure may be amended from
time to time by resolution of the Mayor and Council.
A.
Purpose of the Compliance Review Procedure. The purpose of the Compliance
Review Procedure is to achieve uniformity in the requirements applicants
are to follow once an applicant receives approval from the Planning
Board or Board of Adjustment for an application for development. The
Compliance Review Package should address each of the conditions imposed
by the Planning Board or Board of Adjustment.
B.
Compliance Review Package Application. The Borough hereby authorizes
the adoption of a Compliance Review Package Application to be followed
by all applicants submitting a Compliance Review Package. The Compliance
Review Package Application may be amended from time to time by resolution
of the Mayor and Council.
C.
Administrative Officer for Compliance Review Procedure. The Administrative Officer as defined in § 28-203 is hereby granted the authority to designate a Deputy Administrative Officer solely for the purpose of determining whether an applicant has submitted a complete Compliance Review Package.
D.
Standard Forms. The Borough hereby authorizes the Borough Attorney
to prepare standard forms including but not limited to an Access Easement
and Maintenance Agreement, Conservation Easement, Deed of Dedication,
Developer's Agreement, Drainage Facilities Easement, Sanitary Sewer
Easement, Sight Triangle Easement, Utility Easement and such other
standard forms as in the Borough Attorney's opinion are necessary
to fulfill the intent and purpose of this chapter. These forms may
be amended from time to time by resolution of the Mayor and Council.
E.
Time Limits. Applicants are to submit a completed Compliance Review
Package to the Deputy Administrative Officer within ninety (90) days
of the Planning Board or Board of Adjustment Resolution of Memorialization.
In the event an applicant does not obtain approval for the Compliance
Review Package within one (1) year of the Resolution of Memorialization,
then the applicant shall be required to appear before the appropriate
Board and seek an extension of time to obtain approval for the Compliance
Review Package. Such Board may grant a one (1) year extension two
(2) times.
F.
Applicability. The Compliance Review Procedure applies to applications
for development before both the Planning Board and Board of Adjustment.
G.
Developer's Agreement. The Borough hereby adopts a Developer's Agreement
in substantially the form attached in Appendix B of this chapter,
and a Performance Agreement in substantially the form attached in
Appendix C of this chapter.[1]
[1]
Editor's Note: Appendixes B and C, referred to herein, are included as attachments to this chapter.
H.
Map or Site Plan Signing. No subdivision map nor site plan shall
be signed by any representative of the Borough or the Planning Board
or Board of Adjustment until the applicant complies with the Compliance
Review Procedure.
[Ord. No. 2017-03]
A.
This data standard has been established to manage both hardcopy (paper)
and electronic data submittals required by the Borough. These standards
are part of the comprehensive Borough initiative to best manage, inventory
and utilize information. This section contains the submittal standards
for planning application data. The data submittals will be divided
into the following two (2) categories: Application Documents and Design
Documents. Within these groups data will be submitted in either paper
copy or electronic copy as outlined in these standards.
B.
The Borough intends to move toward the elimination of paper copy
documents and as such intends to eliminate paper processes, where
appropriate, which are obsolete or redundant no later than September
30, 2017. However, upon request of the Borough to the applicant, the
applicant will submit to the Borough, within three (3) business days
of the request, as many paper copies as are requested by the Borough.
C.
Standard Electronic Format for Application Documents.
1.
File Type: The required format is an Archival standards compatible
Portable Document Format (PDF/A) file generated directly from document
files. They should be compatible with the latest Adobe Acrobat Version
Readers.
2.
File Naming: Application documents and report file names should be
named utilizing a consistent descriptive naming convention such as
name of applicant, type of document and block and lot designation.
3.
Font should be those commonly available such as Times New Roman or
Arial. Other fonts may not readily open or print from all computers.
Less common fonts that are used (for instance ESRI symbols) must be
embedded to allow printing in all environments.
4.
Security settings must be set so as to allow searching of text, printing
at full resolution, adding comments (to facilitate electronic comment
by reviewers, and for users to annotate their own copies if they wish),
content copying and extraction (to facilitate preparation of management
direction, and quoting of materials in other documents), making changes
related to document assembly to allow users to rotate pages and create
bookmarks and thumbnails to facilitate use of the document.
5.
Resolution: Minimum resolution for scanned documents shall be in
accordance with the New Jersey Division of Archives and Records Management
(NJDARM) pursuant to N.J.A.C. 15:3.4.
6.
Cartography: Information on maps should be easily understood when
reproduced in black and white — sole reliance on color to convey
information means maps cannot be faxed or usefully printed in black
and white. Where color is necessary or useful, it should be combined
with techniques like line coding and patterned fills to ensure all
users can extract the information. This principle applies also to
labels and other layers added to images.
7.
Submissions must be on current accepted media.
D.
CAD File Standards.
1.
Computer-Aided Design (CAD) is a tool used for producing design documentation
and plan sets required for the planning application process. It can
also provide a common medium of information exchange. In fact, the
true power and potential of CAD is the ability to re-use and share
the information contained within the CAD document. The key to realizing
this potential is common organizing principles and standards for the
production and dissemination of CAD information. The standard organization
of files, layers and entities, as well as standardized software applications
is essential for effective work and communication. This section establishes
performance standards for CAD data provided to the Borough with the
application package. The Borough does not intend to influence the
methods or means of practice of outside consultants. Consultants may
use any CAD system to develop design documents as long as the delivered
data conforms to the Borough's CAD data standards. Much of the CAD
data created through the planning process will be utilized to update
the municipal tax maps and brought into the Borough and/or County
GIS parcel data system. Data received by the Borough must follow these
CAD data standards to be readily useful within that system.
2.
Electronic CAD files for minor subdivisions, final site plans and
final subdivisions shall be submitted in conformance with the standards
listed below:
a.
CAD Drawings: Consultants shall deliver at minimum, a CAD document
in electronic format to the municipality. The document(s) must include
all supporting CAD data and must be delivered as follows:
b.
Text and Fonts: Utilize only industry wide supported fonts, no custom
fonts can be accepted. All fonts shall be provided with CAD file.
c.
Layers: Specific layers shall be created and drawings organized in
conformance with the most current naming convention developed by the
New Jersey Digital Tax Map Task Force. See:
http://www.state.nj.us/treasury/taxation/lpt/DigitalTaxMaps.htm
d.
When possible, proposed lots, easements and rights-of-way shall be
comprised of closed polygons.
e.
Easement and parcel boundaries shall be coincident in the CAD file
when coincident on ground.
f.
All drawings shall be unrotated and created at 1 to 1 "full scale."
g.
Coordinate Reference: All submittals, paper and digital, shall be
in NAD 83 (current) New Jersey State Plane Coordinates in U.S. Survey
Feet and North American Vertical Datum 1988 (current) and in accordance
with all other provisions of P.L. 1960, c. 141 (C. 46:23-9.9 et seq.)
"The Map Filing Law."
h.
There shall be endorsed upon any map, plat or plan submitted to the
Planning Board or Zoning Board a certification by the Municipal or
Board Engineer the following: I have carefully examined this map and
the required digital submissions and to the best of my knowledge and
belief find it conforms with the provisions of the municipal ordinances
and requirements applicable thereto. There shall also be provided
a line for the Municipal or Board Engineer's signature and professional
seal.
