The Planning Board and Board of Adjustment have the powers specified in Article VII of this chapter. Certain of the respective powers of the Planning Board and Zoning Board of Adjustment overlap in order to expedite the review of development applications. The overlapping powers are as follows:
A. 
Planning Board. The Planning Board shall have the power to act in lieu of the Board of Adjustment and subject to the same extent and restrictions of the Board of Adjustment on the following matters. Whenever relief is requested pursuant to this section, the public notice shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
(1) 
Grant variances pursuant to N.J.S.A. 40:55D-60c from lot area, lot dimensional, setback and yard requirements, provided that relief pursuant to this subsection from lot area requirements shall not be granted for more than one lot.
(2) 
Direct, pursuant to N.J.S.A. 40:55D-34, issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-34.
(3) 
Direct, pursuant to N.J.S.A. 40:55D-36, issuance of a permit for a building or structure not related to a street.
B. 
Board of Adjustment. The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, site plan, subdivision or conditional use approval when reviewing an application for approval of a use variance pursuant to N.J.S.A. 40:55D-70d.
A. 
Subdivision review. All subdivisions, as defined under Article II, are subject to the review procedures specified herein.
B. 
Site plan review. Except as may otherwise be prohibited by law or as may be subject to issuance of a waiver adopted by a majority vote of the Planning Board, no construction permit, subcode permit or certificate of occupancy shall be issued for any land development, construction, use or occupancy of any nonresidential premises nor shall any change in use or occupancy of such premises be permitted until approval of a site plan by the Planning Board and compliance by an applicant with all terms and conditions of such approval including, but not limited to, all provisions herein provided or as otherwise provided by law for the posting of performance or maintenance guarantees by the applicant.
[Amended 1-18-00 by Ord. No. 21-1999]
C. 
Variance relief. All applications for variance relief to the Board of Adjustment and not involving any related site plan, subdivision or conditional use approval shall be filed at least 21 days prior to the meeting of the Board at which discussion is desired. The filing shall include 10 copies of any maps and related material; five copies of the completed application form; and the fee in accordance with Article IX of this chapter. The Board shall act upon the application as stipulated by law.
A conceptual sketch of the proposed subdivision or site plan is not required but is strongly recommended. The submission of a conceptual sketch affords the applicant the opportunity to discuss the proposal in its formative stages and receive the advice of the Board.
A. 
Procedure for submitting sketch plats and sketch plans.
(1) 
Submit to the Administrative Officer, at least 10 days but not more than 14 days prior to the first regularly scheduled monthly meeting of the Planning Board for applications under its jurisdiction, or at least 21 days prior to the first regularly scheduled monthly meeting of the Board of Adjustment for applications under its review, 15 copies of the sketch of the proposal for purposes of classification, preliminary discussion and appropriate action; five copies of the completed application form; and the fee in accordance with Article IX of this chapter. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats and other documents submitted for processing in conjunction with the application.
(2) 
Simultaneous with submitting an application for development to the municipality, the applicant shall forward two copies of the submission to the Gloucester County Planning Board and any other governmental agency as required by law for appropriate review and action.
(3) 
At least seven days prior to the first regularly scheduled monthly meeting of the Board, the Administrative Officer shall retain one copy each of the sketch and the application form and shall distribute the remaining copies in the following manner:
(a) 
Mayor: one copy each of the sketch and application.
(b) 
Governing body members: one copy each of the sketch.
(c) 
Chairman of the Planning Board: one copy each of the sketch and application.
(d) 
Chairman of the Zoning Board of Adjustment: one copy each of the sketch and application.
(e) 
At the direction of the Administrative Officer or the Planning Board or Board of Adjustment, as the case may be, additional copies of the sketch may be forwarded to other individuals, offices and agencies for review and comment.
B. 
Details required for sketch plats and sketch plans. The submitted sketch shall be based on tax map information or some other similarly accurate base and shall be neatly and accurately drawn. The following information shall be included:
(1) 
A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not less than 2,000 feet.
(2) 
Title block:
(a) 
Name of subdivision or development, municipality and county.
(b) 
Name and address of subdivider or developer.
(c) 
Name and address of the owner or owners of record.
(3) 
Scale and North arrow.
(4) 
Date of original preparation and of each subsequent revision thereof.
(5) 
Existing block and lot number or numbers of the lot or lots to be subdivided or developed as they appear on the municipal tax map.
(6) 
Subdivision or development boundary line (heavy solid line).
(7) 
The location of existing and proposed property lines, streets, buildings (with an indication as to whether existing buildings will be retained or removed), parking spaces, loading areas, driveways, water courses, railroads, bridges, culverts, drain pipes and any natural features such as wetlands and treed areas, both within the tract and within 100 feet of its boundary.
(8) 
The approximate location and approximate width of all existing and proposed utility easements.
(9) 
Zoning district boundaries affecting the tract.
(10) 
Proposed buffer and landscaped areas.
(11) 
Delineation of floodplain areas.
C. 
Additional details required for sketches prior to minor subdivision classification. No plat shall be classified as a minor subdivision unless drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal and license number and address of said professional engineer and/or land surveyor. The sketch plat shall be drawn at a scale not more than 100 feet to the inch on one of four standard size sheets, namely, eight and one-half by thirteen (8 1/2 x 13) inches, fifteen by twenty-one (15 x 21) inches, twenty-four by thirty-six (24 x 36) inches or thirty by forty-two (30 x 42) inches, to enable the entire tract to be shown on one sheet, and shall show or include the following information:
(1) 
Contours as shown on the United States Geological Survey topographic sheets.
(2) 
Wetlands, ponds and land subject to flooding in the subdivision and within 100 feet thereof.
(3) 
If the proposed lot or lots are not served by a sanitary sewer, certification by a licensed professional engineer that the proposed lot or lots can adequately accommodate a septic system. The location or locations of the test hole or holes, test results and compliance with the Individual Sewage Disposal Code of New Jersey shall be shown on the plat and certified by a licensed professional engineer.
(4) 
No plat involving any street or streets requiring additional right-of-way width shall be classified as a minor subdivision unless such additional right-of-way width, either along one or both sides of said streets, as applicable, shall be deeded to the borough or other appropriate governmental agency.
(5) 
No plat involving any corner lot shall be classified as a minor subdivision unless a sight triangle easement shall be granted as specified in this chapter.
(6) 
If the applicant intends to file by deed or deeds record of the approved subdivision with the county recording officer, the following signature block shall be provided on the deed or deeds:
APPROVED BY THE WOODBURY HEIGHTS BOROUGH PLANNING BOARD
Planning Board Chairman
Date
Planning Board Secretary
Date
(7) 
If the applicant intends to file the plat as record of the approved subdivision with the county recording officer, the plat shall be prepared in compliance with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), and shall bear the signature block noted in Subsection C(6) above.
D. 
Action by township.
(1) 
The Board shall take action on sketch applications within 45 days after the submission of a complete application or within such further time as may be consented to by the applicant. Should the application be determined by the Administrative Officer or the Board either to be incomplete or to require substantial revisions, the applicant shall be notified within the forty-five-day time period and may thereafter submit an appropriately revised application to the Administrative Officer as in the first instance.
(2) 
Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to remove such adverse effect or effects prior to further review, classification or approval by the Board, or, where the remaining portion of the original tract is of sufficient size to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision or subdivisions or development or developments may be submitted that will not create, impose or aggravate or lead to any such adverse effect.
(3) 
If the sketch is considered for classification as a minor subdivision, the Planning Board shall act on the proposed plat within 45 days of its complete and proper submission to the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute minor subdivision approval. If classified as a minor subdivision by majority action of the Board, a notation to that effect, including the date of classification, shall be made on the master copy. At least six prints of the plat shall be signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent) and returned to the subdivider within one week thereof. No further approval of the subdivision shall be required. In the event that the same is disapproved by the Board, the Secretary of the Board shall, within seven days of such action, notify the subdivider of such disapproval and the reasons therefor. In acting on the application, the borough shall consider a report received, in writing, from the County Planning Board within 30 days after its receipt of the plat. If a reply is not received from the County Planning Board within 30 days, the sketch plat shall be deemed to have been approved by it.
(4) 
Within 190 days from the date of approval by the Board of a minor subdivision sketch plat, a plat map drawn in compliance with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or deed description shall be filed by the subdivider with the county recording officer. Unless filed within the 190 days, the approval shall expire and will require Board approval as in the first instance. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval by the Board, provided that the approved minor subdivision shall have been duly recorded as provided in this section. A copy of the recorded instrument shall be given to the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be.
(5) 
If the sketch is classified as a major subdivision or site plan or if it is determined that variance action will be necessary, the applicant shall be notified of the Board's action within seven days of such action.
A preliminary submission is required of all subdivisions classified as major subdivisions and of all development proposals requiring site plan review.
A. 
Procedure for submitting preliminary plats and preliminary plans.
(1) 
Submit to the Administrative Officer, at least 10 days but not more than 14 days prior to the first regularly scheduled monthly meeting of the Planning Board for applications under its jurisdiction, or at least 21 days prior to the first regularly scheduled monthly meeting of the Board of Adjustment for applications under its review, 15 copies of the preliminary plat or preliminary plan; five copies of any protective covenants or deed restrictions applying to the land being subdivided or developed, five copies of the completed application form and the fee in accordance with Article IX of this chapter. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats and other documents submitted for processing in conjunction with the application.
(2) 
Simultaneous with submitting an application for development to the municipality, the applicant shall forward two copies of the submission to the Gloucester County Planning Board and any other governmental agency as required by law for appropriate review and action.
(3) 
At least seven days prior to the first regularly scheduled monthly meeting of the Board, the Administrative Officer shall retain one copy each of the preliminary plat or plan, any protective covenants or deed restrictions and the application form and shall distribute the remaining copies in the following manner:
(a) 
Mayor: one copy each of the preliminary plat or plan, any protective covenants or deed restrictions and the application.
(b) 
Governing body members: one copy of the preliminary plat or plan.
(c) 
Chairman of the Planning Board: one copy each of the preliminary plat or plan, any protective covenants or deed restrictions and the application.
(d) 
Chairman of the Zoning Board of Adjustment: one copy each of the preliminary plat or plan, any protective covenants or deed restrictions and the application.
(e) 
At the direction of the Administrative Officer or the Planning Board or Board of Adjustment, as the case may be, additional copies of the preliminary plat or plan may be forwarded to other individuals, offices and agencies for review and comment.
B. 
Details required for preliminary plats and preliminary plans. Each submission shall be at a scale of one inch equals 50 feet for a tract up to 40 acres in size; one inch equals 100 feet for a tract between 40 and 150 acres; and one inch equals 200 feet for a tract 150 acres or more. Each submission shall be on one of four of the following standard sheet sizes: eight and one-half by thirteen (81/2 x 13) inches, fifteen by twenty-one (15 x 21) inches, twenty-four by thirty-six (24 x 36) inches or thirty by forty-two (30 x 42) inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.
(1) 
A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not less than 2,000 feet.
(2) 
Title block:
(a) 
Name of subdivision or development, municipality and county.
(b) 
Name and address of subdivider or developer.
(c) 
Name and address of the owner or owners of record and the names and addresses of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Borough Tax Assessor.
(d) 
Name, address, signature and license number of the professional engineer who prepared the drawing.
(e) 
Acreage of tract to nearest tenth of an acre.
(3) 
Scale and North arrow.
(4) 
Date of original preparation and of each subsequent revision thereof.
(5) 
Signature block as follows:
(a)
Plan (or plat) of
Lot
Section
Map
Zone
Date
Scale
Application
(b)
I CONSENT TO THE FILING OF THIS PLAN (OR PLAT) WITH THE PLANNING BOARD/ZONING BOARD OF ADJUSTMENT (ONLY INCLUDE APPROPRIATE BOARD) OF THE BOROUGH OF WOODBURY HEIGHTS
(Owner)
(Date)
(c)
I HEREBY CERTIFY THAT I HAVE PREPARED THIS PLAN (OR PLAT) AND THAT ALL DIMENSIONS AND INFORMATION ARE CORRECT
(Name)
(Title and License No.)
(d)
I HAVE REVIEWED THIS PLAN (OR PLAT) AND CERTIFY THAT IT MEETS ALL CODES AND ORDINANCES UNDER MY JURISDICTION
(Borough Engineer)
(Date)
(e)
TO BE SIGNED BEFORE THE ISSUANCE OF A CONSTRUCTION PERMIT: I HEREBY CERTIFY THAT ALL THE REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR A BOND POSTED IN COMPLIANCE WITH ALL APPLICABLE CODES AND ORDINANCES
(If improvements installed)
(Borough Engineer)
(Date)
(If bond posted)
(Borough Engineer)
(Date)
(f)
APPROVED BY THE PLANNING BOARD/ ZONING BOARD OF ADJUSTMENT (ONLY INCLUDE APPROPRIATE BOARD)
Preliminary
(Final)
(Chairman)
(Date)
(Secretary)
(Date)
(6) 
Existing block and lot number or numbers of the lot or lots to be subdivided or developed as they appear on the municipal tax map, and proposed block and lot numbers as provided by the Borough Tax Assessor upon written request.
(7) 
Subdivision or development boundary line (heavy solid line).
(8) 
Zoning district boundaries affecting the tract.
(9) 
All existing and proposed watercourses, including lakes and ponds, shall be shown and accompanied by the following information:
(a) 
When a stream is proposed for alteration, improvement or relocation or when a drainage structure or fill is proposed over, under, in or along a running stream, evidence of approval, required alterations, lack of jurisdiction or denial of the improvement by the New Jersey Division of Water Policy and Supply shall accompany the application.
(b) 
Cross sections of watercourses and/or drainage swales at an approximate scale showing the extent of floodplain, top of bank, normal water levels and bottom elevations, where and when required by the Borough Engineer.
(c) 
The location and extent of drainage and conservation easements and stream encroachment lines.
(d) 
The location, extent and water level elevation of all existing or proposed lakes or ponds within and adjacent to the tract.
(10) 
Existing contours with intervals two feet where slopes are less than 12%, and five feet when 12% or more referred to a known datum and indicated by a dashed line. Where any changes in contours are proposed, finished grades shall be shown as a solid line.
(11) 
Locations of all existing structures showing existing and proposed front, rear and side yard setback distances, and an indication of whether the existing structures and uses will be retained or removed.
(12) 
Size, height and location of all proposed buildings, structures, signs and lighting facilities.
(13) 
All dimensions necessary to confirm conformity to this chapter, such as structure setbacks, structure heights and yard areas.
(14) 
The proposed location, direction of illumination, power and type of proposed outdoor lighting.
(15) 
The proposed screening, buffering and landscaping, including a landscaping plan.
(a) 
Buffer areas are required along lot and street lines as stipulated in Article IV. Buffer areas shall be measured horizontally and at right angles to either a straight lot or street lines or the tangent lines of curved lot or street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No above-surface structure or activity or the storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be planted and maintained with grass or ground cover together with a dense screen of trees, shrubs or other plant materials meeting, the following requirements:
[1] 
Plant and tree materials used in screen planting shall be at least six feet in height when planted and shall consist of a combination of evergreen and deciduous trees and ornamental shrub plantings which, when planted, shall be of such density as determined appropriate for the activities involved. The plant materials shall be of a species common to the area and shall be of nursery stock and free of insects and disease. All plantings shall be generally consistent with a conceptual buffer design as a typical design in accordance with a drawing titled "HC District Conceptual Buffer Design" which is hereby incorporated herein.
[Amended 8-18-99 by Ord. No. 8-1999]
[2] 
Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.
[3] 
The screen planting shall be so placed that at maturity the plant material will be no closer than three feet to any street or property line.
[4] 
The buffer area shall not be broken unless specifically approved by the Planning Board.
(b) 
Landscaping in parking areas shall be specified in accordance with the provisions of § 70-23A of this chapter.
(16) 
The location and design of any off-street parking areas or loading areas, showing size and location of bays, aisles and barriers.
(17) 
All means of vehicular access and egress to and from the site onto public streets, showing the site and location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width and any other device necessary to prevent a difficult traffic situation.
(18) 
The application shall include plans and computations for storm drainage systems and plans for soil erosion and sediment control as required by the Borough Engineer and/or the Gloucester County Planning Board.
(19) 
The location of existing utility structures, such as water and sewer mains, gas transmission lines and high-tension power lines, on the tract and within 200 feet of its boundaries.
(20) 
Plans of proposed improvements and utility layouts, including sewers, storm drains, water, gas, telephone and electricity, showing feasible connections to any proposed utility systems. If private utilities are proposed, they shall comply fully with all borough, county and state regulations. If service will be provided by an existing utility company, a letter from that company stating that service will be available before occupancy will be sufficient. When individual on-lot water or sewage disposal is proposed, the plan for such system shall be approved by the appropriate borough, county and state agencies, and the results of percolation tests shall be submitted.
(21) 
Plans, typical cross sections, center-line profiles, tentative grades and details of all proposed streets and of the existing streets abutting the tract based on the vertical datum specified by the Borough Engineer, including curbing, sidewalks, storm drains and drainage structures. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at intersections.
(22) 
A copy of any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application.
(23) 
The proposed permanent monuments shall be shown.
(24) 
The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area.
(25) 
Traffic Impact Study Report.
(a) 
Required. All applications for Planning Board review and approval of development under this Code, except for minor subdivisions, shall contain a Traffic Impact Study Report prepared by a certified professional traffic operations engineer in the form required by this subsection, unless the report or the engineer's certification is specifically waived by the Planning Board.
(b) 
Contents of Report. The Traffic Impact Study Report shall contain the following information:
[1] 
Projections of traffic to be generated by the proposed development for average, daily, morning peak highway hour(s), afternoon peak highway hour(s) and any other peak traffic condition deemed applicable as a result of the type and/or location of the proposed generator. Traffic generation rates should be based upon local indices where available and should be documented in the report. Also the method and database upon which traffic approach route distributions are based shall be fully documented. Any assumptions regarding the diversion of existing traffic to alternative routes should be clearly specified in the report;
[2] 
The report shall contain a full documentation of existing conditions on adjacent streets serving immediate site access/egress, including roadway pavement width, rights-of-way, curb parking conditions, pavement conditions, sight visibility, grade and curvatures of roadway and the location and type of intersection traffic control devices. Existing traffic volumes for average daily and peak hour conditions shall be presented with the source of these data denoted;
[3] 
Assessment of the traffic impact of the proposed development, including estimate of volume-versus-capacity relationships, shall be provided. In preparing these estimates, assumptions regarding the annual growth rate of existing traffic should be fully documented. Capacity determination shall be based upon normally accepted standards, with the basis of these estimates clearly indicated. In the event the project is staged over a period of time, independent estimates for each stage envisioned shall be provided; and
[4] 
In the event that roadway deficiencies are identified for existing and/or future conditions, specific recommendations for the resolution of these problems shall be addressed in the report. The report shall contain a listing of any and all actions to be undertaken by the applicant to resolve or minimize traffic problems and, as such, shall be considered a firm offer by the applicant to undertake such actions subject to approval by the Planning Board.
(26) 
Fiscal Impact Study Report.
[Added 10-20-10 by Ord. No. 15-2010]
(a) 
All applications for Planning Board review and approval of development under this Code, except for minor subdivisions, shall contain a Fiscal Impact Study Report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the borough or its school districts as a result of the completion of the planned development. The Fiscal Impact Study Report shall also include, if applicable, a detailed projection of property tax revenues which will accrue to the borough, County, and school districts according to the timing schedule provided under Subsection 2 of this section, and following the completion of the planned development in its entirety;
(b) 
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 shall be provided, if applicable.
(c) 
To better quantify the fiscal impact of a proposed development, and in order to provide a greater level of detail to the Board and the borough, the Fiscal Impact Study Report shall contain the following information:
[1] 
Current population figures;
[2] 
Estimated additional population expected due to the proposed development;
[3] 
Current total of assessed value of borough properties;
[4] 
Estimated additional assessed value expected due to the proposed development;
[5] 
Current level of service for all municipal services, including but not limited to police, fire, and ambulance, in terms of the number of employees, equipment, facilities and other assets;
[6] 
Estimated additional assets (employees, equipment, facilities, etc.) of municipal services expected to be required due to the proposed development, including the additional expenses for each;
[7] 
Current level of service and assets for all school district services;
[8] 
Estimated additional service and assets for school district services due to the proposed development, including additional expenses for each item;
[9] 
A breakdown of current millage rates for all municipal and school district services; and
[10] 
A breakdown of estimated future millage rates for all additional municipal and school district services expected due to the proposed development.
C. 
Action by borough.
(1) 
All individuals, offices and agencies to which copies of the submission were forwarded shall submit their comments and recommendations to the Planning Board or Board of Adjustment, as the case may be, within 30 days of their receipt of the submission.
(2) 
Upon the submission to the Planning Board of a complete application for a site plan for 10 acres of land or less and/or a subdivision containing 10 lots or less, the 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 developer. Upon the submission of a complete application to the Planning Board for a site plan of more than 10 acres and/or a subdivision containing more than 10 lots, or whenever an application includes a request for relief pursuant to § 70-43A of this chapter, the Planning 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. Otherwise, the Planning Board shall be deemed to have granted preliminary approval.
(3) 
Upon the submission of a complete application for a site plan and/or subdivision pursuant to § 70-43B of this chapter, the Zoning Board of Adjustment shall grant or deny preliminary approval within 120 days of the date of such submission or within such further time as may be consented to by the developer.
(4) 
Should any application be determined by the Administrative Officer or the Board to be incomplete or to require substantial revisions, the applicant shall be notified within the forty-five-day time period and may thereafter submit an appropriately revised application to the Administrative Officer as in the first instance.
(5) 
All hearings held on applications for preliminary subdivision approval or any application for variance relief shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 20 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing. (See § 70-40E.)
(6) 
The recommendations of the County Planning Board and those of all other agencies and officials to whom the preliminary plat or plan was submitted for review shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Borough Engineer approves the preliminary submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the preliminary plat or plan, the Chairman of the Board and the Secretary (or the Acting Chairman and Secretary, where either or both may be absent) shall affix their signatures to at least five copies of the plat or plan with a notation that it has been approved.
(7) 
Should minor revisions or additions to the plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from said approval. Should major revisions to the plan be deemed necessary, the Board shall require that an amended plan be submitted and acted upon as in the case of the original application for preliminary approval.
(8) 
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of such determination.
D. 
Effect of preliminary approval. Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(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; and yard dimensions.
(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 or plan.
(3) 
That the applicant may apply for and the Board 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.
A final submission is required of all subdivisions and site plans approved at the preliminary submission stage.
A. 
Procedure for submitting final plats and final plans.
(1) 
Within three years after the date of preliminary approval, the applicant shall submit to the Administrative Officer, at least 10 days but not more than 14 days prior to the first regularly scheduled monthly meeting of the Planning Board for application under its jurisdiction, or at least 21 days prior to the first regularly scheduled monthly meeting of the Board of Adjustment for applications under its review, 15 copies of the final plat or plan; five copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; five copies of the completed application form; and the fee in accordance with Article IX of this chapter.
(2) 
Simultaneous with submitting an application for development to the municipality, the applicant shall forward two copies of the submission to the Gloucester County Planning Board and any other governmental agency as required by law for appropriate review and action.
(3) 
At least seven days prior to the first regularly scheduled monthly meeting of the Board, the Administrative Officer shall retain one copy each of the final plat or plan, any protective covenants or deed restrictions and the application form and shall distribute the remaining copies in the following manner:
(a) 
Mayor: one copy each of the final plat or plan, any protective covenants or deed restrictions and the application.
(b) 
Governing body members: one copy of the final plat or plan.
(c) 
Chairman of the Planning Board: one copy each of the final plat or plan, any protective covenants or deed restrictions and the application.
(d) 
Chairman of the Zoning Board of Adjustment: one copy each of the final plat or plan, any protective covenants or deed restrictions and the application.
(e) 
At the direction of the Administrative Officer, the Planning Board or the Board of Adjustment, as the case may be, additional copies of the final plat or plan may be forwarded to other individuals, offices and agencies for review and comment.
B. 
Details required for final plats and final plans.
(1) 
All details stipulated in § 70-46B of this chapter.
(2) 
All additional details required at the time of preliminary approval shall be submitted.
(3) 
Detailed architectural and engineering data, including:
(a) 
An architect's rendering of each building or a typical building and sign showing front, side and rear elevations.
(b) 
Cross sections, profiles and established grades of all streets, aisles, lanes and driveways, as approved by the Borough Engineer.
(c) 
Plans and profiles of all storm and sanitary sewers and water mains, as approved by the Borough Engineer.
(d) 
All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 10,000 and the dimensions of all lot lines to within one to 20,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart, and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied to United States Geological Survey benchmarks, with data on the plat as to how the bearings were determined.
(4) 
The final submission shall be accompanied by the following documents:
(a) 
Certification from the Tax Collector that all taxes are paid to date.
(b) 
Certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given consent under an option agreement.
(c) 
A statement from the Borough Engineer that he is in receipt of a map showing all utilities in exact location and elevation, that he has examined the drainage plan and found that the interests of the borough and of neighboring properties are adequately protected, and that he has identified those portions of any utilities already installed and those to be installed. The applicant shall certify in writing to the Board that he has:
[1] 
Installed all improvements in accordance with the requirements of this chapter; and/or
[2] 
Posted a performance guaranty in accordance with § 70-49 of this chapter.
(d) 
A statement from the Borough Engineer that all improvements installed prior to application have been inspected as provided in § 70-49 of this chapter, and that such improvements meet the requirements of the borough. Any improvements installed prior to application for final approval that do not meet or exceed borough standards shall be factored into the required performance guaranty.
C. 
Action by borough.
(1) 
All individuals, offices and agencies to which copies of the submission were forwarded shall submit their comments and recommendations to the Planning Board or Board of Adjustment, as the case may be, within 30 days of their receipt of the submission.
(2) 
Upon the submission of a complete application for final approval, the Board shall grant or deny final approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Failure of the Board to act within 45 days or such further time as agreed to by the applicant shall constitute final approval. In such case, the Administrative Officer shall certify the submission date of the application and the failure of the Board to act within the specified time period, and this certification shall be sufficient in lieu of the written endorsement of the Board.
(3) 
If the Board acts favorably on the final submission, the chairman and the Secretary of the Board (or the Acting Chairman and Secretary where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan, with a notation that it has been approved. The applicant shall furnish such copies to the board for signing. In the case of final subdivisions only, the applicant shall include at least five Mylar copies of the approved plat.
(4) 
After approval of the final plat or plan by the Board, copies of the signed plat or plan shall be furnished by the Secretary of the Board to each of the following within 10 days from the date of such approval:
(a) 
Administrative Officer (Mylar if applicable).
(b) 
Construction Official.
(c) 
Zoning Officer.
(d) 
Borough Engineer (Mylar if applicable).
(e) 
Municipal Tax Assessor.
(f) 
Board files (Mylar if applicable).
(g) 
The applicant (Mylar if applicable).
(h) 
Such other municipal, county or state agencies or officials as directed by the Board.
(5) 
Within 95 days of the date of approval by the Board of a final subdivision plat, the subdivider shall file a copy of same with the County Clerk. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire, and any further proceedings shall require the filing of a new sketch plat as in the first instance. The Board, for good cause shown, may extend the time for filing for an additional 95 days.
(6) 
If the Board, after consideration and discussion of the final submission, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted setting for the reasons for such rejection. One copy of the plat or plan and the resolution shall be returned to the applicant within 10 days of such determination.
D. 
Effect of final approval. Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a two-year period from the date of final approval:
(1) 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.
(2) 
If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three such extensions.