Purpose. The regulations provided in Article
V are deemed necessary to achieve the following purposes:
A. Promote orderly development. To protect the character and to maintain
the stability of all areas within the community and to promote the
orderly and beneficial development of such areas.
B. Promulgate rules and regulations. To provide rules, regulations and
procedures, where applicable and to the extent the same have not been
otherwise promulgated by ordinance in the City of Summit, which will
guide the appropriate development of lands within the City in a manner
which will promote the public health, safety, morals and general welfare.
C. To protect against hazards and danger. To secure safety from fire,
flood, panic and other natural and man-made disasters.
D. Design requirements. To encourage the design and location of streets
which will promote the free flow of traffic while discouraging the
location of such facilities and routes which will result in congestion.
E. Creative development techniques. To promote a desirable physical
environment through creative development techniques, design and arrangement.
F. Open spaces. To promote the conservation of open space and to protect
the natural resources and to prevent overcrowding through improper
land use.
A request for rezoning or amendment to any zoning regulation(s) shall be in writing to the Common Council on forms available from the administrative officer and shall be accompanied by a fee and escrow deposit as provided in §
35-6.1E. The Common Council shall review the rezoning request, and if it finds that the request has merit, it shall refer same to the Planning Board for a report and recommendation. Upon receipt of the Planning Board's review of the rezoning request, the Common Council may then act to implement the requested change at the Council's discretion.
No application for development shall be deemed complete unless
the items, information and documentation listed in the applicable
checklist are submitted. If any required item is not submitted, the
applicant must request, in writing, a waiver and state the reasons
supporting each such request. Checklists for each type of application
are found in the Appendix at the end of this chapter.
No subdivision or site plan involving any street(s) requiring
additional right-of-way width as specified in the Master Plan or Official
Map or the street requirements of this chapter shall be approved unless
such additional right-of-way, either along one or both sides of said
street(s), as applicable, shall be deeded to the City or other appropriate
governmental agency.
Whenever an applicant intends to construct a development in
phases, phasing information shall be included in the plans for preliminary
approval, and all phases shall be:
A. Functionally self-contained and self-sustaining with regard to access,
circulation, parking, utilities, open spaces and all other site improvements
and physical features and shall be capable of perpetual independent
use, occupancy, operation and maintenance upon completion of construction
and development of the section or stage.
B. Properly related to other services of the community as a whole and
to those facilities and services yet to be provided in the full execution
and implementation of the plan.
C. Provided with such temporary or permanent transitional features,
buffers or protective areas as are necessary to prevent damage or
detriment to adjoining properties or to any completed section or stage.
In addition, such temporary or permanent transitional features, buffers
or protective areas shall not impede development of future sections
or stages in the planned development.
D. Plans, estimated dates of completion for each section or stage and
specifications of such sections or stages are to be filed with the
Board which must be of sufficient detail and of such scale as to fully
demonstrate the arrangement and site locations of all structures,
primary and accessory land uses, parking, landscaping, public and
private utilities and services facilities and landownership conditions.
Applications for amended site plan or subdivision review shall
be treated as a new application and shall be governed by the same
requirements as all other applications for subdivision or site plan
approval.
The submission requirements and review process for conditional
use applications shall be the same as for a minor site plan, except
as set forth below. The Checklist for Conditional Use Applications
is located in the Appendix at the end of this chapter.
A. The Board shall grant or deny an application for conditional use
approval within 95 days of submission of a complete application or
within such further time as may be consented to by the applicant.
B. The Board shall approve or deny a conditional use application simultaneously
with any accompanying subdivision and/or site plan application. The
longest time period for action by the Board, whether it is for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the applicant, notice of the
hearing on the application shall include reference to the request
for conditional use approval.
Whenever review or approval of a development application by
the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6,
the Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the County Planning
Board. The County Planning Board's failure to report thereon within
the required time period provided by law shall be considered a favorable
response. The applicant shall be responsible for filing all necessary
applications, plans, reports and other documents directly with the
County Planning Board.