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. 
Board jurisdiction. All development applications for single- and two-family uses which do not conform to the requirements of this chapter shall be within the jurisdiction of the Zoning Board of Adjustment.
B. 
Completeness review. Applications will be reviewed for completeness in accordance with Section 35-5.11.
C. 
Staff review. Application will be distributed to the following City staff, departments and commissions as deemed necessary by the Zoning Officer:
1. 
Zoning.
2. 
Fire.
3. 
Police.
4. 
Engineering.
5. 
Construction.
6. 
Forester.
7. 
Health.
8. 
Planner.
9. 
Environmental Commission.
10. 
Historic Preservation Commission.
D. 
Reports to Zoning Board of Adjustment. All reports submitted by City staff, departments and commissions will be provided to the applicant and the Board members prior to the first scheduled hearing date.
E. 
Conditions of approval.
1. 
All conditions of approval shall be binding upon the applicant, all present and future owners, tenants, users and occupants of the property and their respective successor and assigns.
2. 
The City of Summit shall issue notices of violation and/or summonses as determined to be appropriate to current and prospective owners, tenants, users and occupants for failing to maintain all conditions of approval. Certificates of approval and occupancy shall not be issued by the City until all conditions of approval have been satisfied at the discretion of the approving authority.
3. 
All fees and costs associated with the application must be paid prior to the issuance of a construction permit for the approved development.
A. 
Applications requiring notice. All public hearings before either the Zoning Board of Adjustment or Planning Board shall follow the requirements of the Municipal Land Use Law[1] as summarized below. Notice shall be required for each and every hearing and all applications for development, except when a hearing has been adjourned or continued to a date specific after notice of the hearing has been properly given as required herein.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
Manner of giving notice. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:
1. 
To the general public, by publication in the official newspaper of the City.
2. 
To all owners of real property, as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on said current tax duplicate or his or her agent in charge of the property or mailing a copy thereof by certified mail to the property owner at his or her address as shown on said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
3. 
To the Clerk of any adjoining municipality when the property involved is located within 200 feet of said adjoining municipality. Notice shall be given by personal service or certified mail.
4. 
To the County Planning Board when the application for development involves property adjacent to an existing county road or proposed road as shown on the county Official Map or the county Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary. Notice shall be given by personal service or certified mail.
5. 
To the Commissioner of Transportation of the State of New Jersey when the property is adjacent to a state highway. Notice shall be given by personal service or certified mail.
6. 
To the State Planning Commission when the hearing involves an application for the development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Board Secretary pursuant to N.J.S.A. 40:55D-12g. Notice shall be given by personal service or certified mail.
7. 
On applications for approval of a major subdivision or a site plan not defined as a minor site plan to all public utilities, cable television companies or local utilities which possess a right-of-way or easement within the City and which have registered with the City in accordance with N.J.S.A. 40:55D-12.1 by serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility; or mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
C. 
List of owners and others. Upon the written request of an applicant, the City Tax Assessor shall, within seven days, make and certify a list from current tax duplicates of names and address of owners within the City to whom the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12b; and the names, addresses and positions of those persons who, not less seven days prior to the date on which the applicant requested the list, have registered to receive notice. Failure to give notice to any owner, public utility, cable television or local utility not on the list obtained in such manner shall not invalidate any hearing or proceeding. A sum, not to exceed $0.25 per name, or $11, whichever is greater, shall be charged for such list.
D. 
Contents of notice. The notice shall state the date, time and place of the hearing, the nature of the matters to be considered and an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the City Tax Assessor's office; and the location and times at which any maps and documents for which approval is sought are available for inspection.
E. 
Effect of mailing. Any notice made by certified mail shall be deemed complete upon mailing.
A. 
Disclosure by corporate or partnership applicant. A corporation or partnership applying to the Planning Board or the Zoning Board of Adjustment for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more dwelling units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
B. 
Disclosure by corporation or partnership owning 10% or more of applicant. If a corporation or partnership owns 10% or more of the stock of a corporation or interest of 10% or greater in a partnership, either of which is subject to disclosure pursuant to Subsection A above, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or interest of 10% or greater in the partnership, as the case may be; and this requirement shall be followed by every corporate stockholder or partner in said partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the 10% ownership criterion set forth in this section have been listed.
C. 
No approval if disclosure requirements not met. The Board shall not approve the application of any corporation or partnership which does not comply with this section.
D. 
Penalties. Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock or of the individual partners owning an interest of 10% or greater in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000, which shall be recovered in the name of the City of Summit in any court of record in the state in a summary manner pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.[1]).
[1]
Editor's Note: See now N.J.S.A. 28A:58-10 et seq.
E. 
Applications by corporations or partnerships. Applications submitted by any party other than an individual must be represented by an attorney licensed to practice in the State of New Jersey.
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.
A. 
Purpose. Prospective developers and applicants may request an informal meeting of the Technical Review Committee, comprised of the Zoning Officer, City or Board Engineer, City Planner and representatives of the Police and Fire Departments, as determined to be applicable, prior to the submission of a development application for subdivision, site plan and/or use variance approval. The purpose of these meetings is to review issues of jurisdiction, nature and extent of any required variance relief, consistency with the Zoning Ordinance and Master Plan, required application materials and general application refinement. The Zoning Officer shall have sole discretion in arranging an informal Technical Review Committee meeting for which all required documentation and fees shall be submitted.
B. 
Meetings. Informal Technical Review Committee meetings shall be scheduled by the Zoning Officer upon request.
C. 
Review and comments. Staff will be prepared to provide review comments at the informal Technical Review Committee meeting based on the relevant issues and development materials submitted, prior to which, no written commentary will be provided. In addition, applications shall be distributed to the City of Summit Environmental Commission and Historic Preservation Commission for review and comment in advance of any informal Technical Review Committee meeting as determined to be necessary. The applicant may prepare a formal application to the appropriate board of jurisdiction based on comments received.
A. 
Purpose. A Technical Review Committee, comprised of the Zoning Officer, City or Board Engineer, City Planner and representatives of the Police and Fire Departments, shall meet with applicants for subdivision or site plan approval prior to determination of a complete application. The purpose of these meetings is to discuss the proposed application and the overall planning issues and the technical aspects of the application. The administrative officer shall have sole discretion in requiring a formal Technical Review Committee meeting for land use applications, which may also be arranged upon request of an applicant having submitted all required documentation and fees.
B. 
Meetings. Formal Technical Review Committee meetings are regularly scheduled on the second Tuesday of each month.
C. 
Review and comments. City staff will prepare preliminary comments for submittal to the applicant within 14 days of receipt of the application. In addition, applications shall be distributed to the City of Summit Environmental Commission and Historic Preservation Commission for review and comment in advance of any formal Technical Review Committee meeting. These comments will be discussed with the applicant at the formal Technical Review Committee meeting.
1. 
As a result of the formal Technical Review Committee meeting and discussion with the applicant, the application may be deemed complete or incomplete.
2. 
After an application is deemed complete, final comments will be prepared by the appropriate staff and will be incorporated into a final report for the Board.
D. 
Waiver of requirement to appear. The administrative officer may waive the requirement for an applicant to appear before the formal Technical Review Committee or may invite additional city agencies to participate in this technical review process.
A. 
Right to request informal review of concept plan. Prior to the submittal of an application for development, the applicant may request an informal review before the Planning Board in order to:
1. 
Acquaint the applicant with the substantive and procedural requirements of the City's subdivision and site plan regulations.
2. 
Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, Zoning Ordinance and other development requirements.
3. 
Advise the applicant of any public sources of information that may aid the application.
4. 
Identify policies and regulations that create opportunities or pose significant constraints for the proposed development.
5. 
Consider opportunities to increase development benefits and mitigate undesirable project consequences.
6. 
Permit input into the general design of the project.
7. 
Prior to scheduling a presentation before the Planning Board, the administrative officer may request a preliminary presentation before the formal Technical Review Committee.
B. 
Documents and fees to be submitted. Applicants seeking review of a concept plan shall provide 16 copies of the plan and of the completed application (including a narrative description) and the required review fees to the Department of Community Services in accordance with the approved annual meeting schedule.
C. 
Nature of concept plan. The concept plan is a general plan that need not be fully engineered. The plan or plat should be sufficiently detailed to allow the Board to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers, building arrangements and to determine how the proposal meets the City's development goals and objectives.
D. 
Effect of informal review. Neither the applicant nor the Board is bound by any concept plan or informal review. The amount of any fees for such informal review shall be a credit toward fees for review of the application for development.
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.[1]
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
A. 
Notice of variance and other relief required. Whenever relief is requested pursuant to this chapter, notice of the hearing on the application for development shall include reference to the request for variances or direction for issuance of a permit, as the case may be.
B. 
Applicant's right to bifurcate application. The applicant may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon the grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance.
C. 
Time periods for action on applications seeking variance or other relief under this section. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 35-3.9A4 above, the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by an applicant of a complete application to the Board or within such further time as may be consented to by the applicant. In the event that the applicant elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance(s) or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. 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.
Content.
A. 
Each application for approval of a minor subdivision, minor site plan, preliminary major subdivision, preliminary major site plan, final major subdivisions, final site plan or a conditional use, as the case may be, and each application for variance relief, shall include all information and data listed in the appropriate corresponding checklists.
B. 
The Department of Community Services (herein called the "administrative officer") shall review all applications and accompanying documents required by this chapter to determine that the application is complete. An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board or the Zoning Board of Adjustment when so certified by the administrative officer. 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 time period unless the application lacks information indicated on the checklist for such application, and the administrative officer has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more submission requirements be waived, in which event the Agency shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application.
C. 
The administrative officer may require correction of any information found to be in error and submission of additional information not specified in the checklist 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 so required by the administrative officer, except where the additional information or revisions are required to correct faulty, inadequate, or missing information necessary to reasonably review the application.
A. 
Uses and activities requiring site plan approval. All actions that qualify as changes of use and minor and major site plans shall require Board approval, except that individual lot applications for detached one- or two-family units, and construction work found by the Zoning Officer to constitute ordinary repairs shall be exempt from site plan review.
B. 
Waiver of site plan approval. The Zoning Officer may waive the requirement for site plan approval when a proposed development does not involve a change in use and does not meet the eligibility requirements for minor or major site plan; consists solely of nonstructural changes in the facade of a structure; or consists of an interior change which does not increase parking requirements and does not involve any other substantial site development considerations.
C. 
Uses and activities requiring subdivision approval. Subdivision approval shall be required prior to the recording of any plat or deed affecting the subdivision of any land in the City of Summit except in the following cases, when no new streets are created:
1. 
Divisions of property by testamentary or intestate provisions.
2. 
Divisions of property upon court order.
3. 
Conveyances so as to combine existing lots by deed or other instrument as set forth under N.J.S.A. 40:55D-7.
4. 
The conveyance of one or more adjoining tracts, lots or parcels of land, owned by the same person or persons, all of which are found by the administrative officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts, or parcels on the Tax Maps.
In all cases involving such exempted divisions, the administrative officer shall certify the exemption on the plat or deed or instrument to be filed with the county.
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.
A. 
Submission requirements. Traffic impact statements shall be required for major subdivision and major site plan applications, 16 copies of which shall be submitted to the Board for review. When required, traffic impact statements shall be submitted prior to a formal Technical Review Committee meeting of the application for City staff review and comment in accordance with § 35-5.7.
B. 
General provisions.
1. 
The traffic impact statement shall be prepared by a New Jersey licensed professional engineer having appropriate experience and education.
2. 
All relevant sources of information used in the preparation of said statement shall be identified.
C. 
Submission format. All traffic impact statements shall provide a description of the impact and effect of the proposed land development upon all roads that are adjacent to the proposed development or immediately affected by traffic from the proposed development and shall specifically address the following items:
1. 
Existing conditions in the vicinity of the proposed project, including:
a. 
Roadway network.
b. 
Representative traffic counts, not during holiday or summer periods (or with appropriate statistical adjustments for counts during the summer months).
c. 
Traffic accident statistics.
d. 
Availability of public transportation.
e. 
Level of service of adjacent roadways.
2. 
Traffic generated by the proposed development, including:
a. 
Trip generation.
b. 
Trip distribution.
c. 
Modal split.
d. 
Level of service under proposed conditions.
3. 
Traffic impacts caused by the proposed change in existing conditions.
4. 
Explanation of traffic reduction/traffic management plans necessary pursuant to any current federal, state or county requirements.
5. 
Recommendations for alleviating or diminishing any possible congestion or disruption to the established traffic pattern.
6. 
Any other information requested by the appropriate Board reasonably required to make an informed assessment of potential traffic impacts.
A. 
Submission required. The Board may require an environmental impact assessment as part of preliminary approval of a major subdivision or major site plan. The Board may, at the request of an applicant, waive portions of the environmental impact assessment requirements upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project. The Board shall review the application with specific reference to the following areas of concern:
1. 
A significant percentage (25% or more) of the property has a grade of 15% or more.
2. 
A significant percentage (25% or more) of the property is within or borders a floodplain, wetland, wetland buffer zone or priority watershed area as defined by the New Jersey Department of Environmental Protection (NJDEP).
3. 
Industrial activities involving the use, processing or manufacture of hazardous, toxic or corrosive substances as defined and named in regulations promulgated by the USEPA or NJDEP.
4. 
The visual impact that the project could have on scenic corridors.
B. 
Decision on need for environmental impact assessment. The reviewing board shall make a determination as to whether an environmental impact assessment should be required of the applicant, provided in part as determined to be necessary, or waived entirely given the nature of the development application. This determination should be made as soon as possible in the development review process. However, in the course of a hearing on an application, it may be determined that an environmental impact assessment is required to aid the Board in evaluating the application.
1. 
The administrative officer shall refer any environmental impact assessment to the Environmental Commission upon its receipt for review and comment, along with the proposed schedule for hearing(s) on the application.
2. 
The Environmental Commission shall either submit its review of the environmental impact assessment within 10 days of its regularly scheduled meeting or, in the alternative, may submit a formal request for additional time to perform an appropriate review.
C. 
Submission format. All environmental impact assessments shall consist of written and graphic materials which clearly present the following information:
1. 
Project description. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated.
2. 
The compatibility or incompatibility of the proposed project shall be described in relation to the following:
a. 
City of Summit Master Plan.
b. 
Union County planning documents.
c. 
New Jersey State Development and Redevelopment Plan.
3. 
Site description and inventory. The suitability of the site for the intended use shall be discussed. This shall include a description of environmental conditions on the site, which shall include, but not be limited to, the following items:
a. 
Topography. A description and map of the topographic conditions of the site shall be provided.
b. 
Contamination. Information regarding the presence or absence of environmental contamination, including: the presence of known or suspected contaminants on site; prior uses of the property; the status of any past or present administrative or judicial proceeding involving contamination or remediation of contamination on the site; copies of no further action ("NFA") letters issued by the NJDEP. In appropriate cases, the Board may require similar information with regard to surrounding sites.
c. 
Critical areas. A description and map of the wetland areas, wetland buffers, watershed priority areas and floodplains on the site shall be provided.
d. 
Surface water. A description and map of existing watercourses and water bodies that are partially or totally on the site shall be identified.
e. 
Groundwater. A description and groundwater contour map of existing wellheads and/or groundwater aquifers that are partially or totally on the site shall be provided.
f. 
Unique scenic features. Describe and map those portions of the site that can be considered to have unique scenic qualities and any scenic view from or of the site.
g. 
Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection. When warranted, the Board may also request delineation of conditions on adjacent properties.
4. 
Impact. The negative and positive impacts of the project during and after construction shall be discussed. The specific concerns that shall be considered include the following:
a. 
Soil erosion and sedimentation resulting from surface runoff.
b. 
Flooding and floodplain disruption.
c. 
Degradation of surface water quality.
d. 
Sewage disposal.
e. 
Solid waste disposal.
f. 
Destruction or degradation of scenic features on- and off-site.
g. 
Air quality degradation.
h. 
Noise levels.
i. 
Lighting levels, including trespass lighting.
j. 
Effect on the community, including projected population increase, increase in municipal and school services, and consequences to the municipal tax structure.
k. 
Watersheds.
5. 
Environmental performance controls. The applicant shall indicate the measures which will be employed during the planning, construction and operation phases of the project to minimize or eliminate negative impacts on and off site. Of specific interest are:
a. 
Stormwater management plans and plans for soil erosion and sedimentation controls.
b. 
Water supply and water conservation proposals.
c. 
Noise reduction techniques.
d. 
Screening and landscaping intended to enhance the compatibility of the development with adjacent areas.
e. 
Miscellaneous on-site and off-site public improvements.
6. 
Alternatives. A discussion of site design and project location alternatives that were considered shall be provided. The discussion shall indicate why an alternative was rejected if it would have resulted in less of a negative impact than the proposed development.
7. 
Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the construction and operation of the proposed project. This list shall include, but is not be limited to, approvals required by the City and agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. A listing of approvals needed or pending shall be provided as a component of the application checklist.
8. 
Documentation. All publications, file reports, manuscripts or other written sources of information, which were consulted in preparation of the environmental impact assessment, shall be listed and footnoted. A list of all agencies and individuals from whom pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.
9. 
Review. Applicants shall be encouraged or required to provide suitable mitigation for all adverse environmental impacts and other conditions identified in the environmental impact assessment and/or in the course of the public hearings before the Board.
D. 
Review of written comments of Environmental Commission; time. The Board, before taking any action hereunder, shall review the written comments of the Environmental Commission. In the event the Environmental Commission fails to provide its written comments to the Board within 10 days of the Environmental Commission's regularly scheduled monthly meeting, or within such other review time as the Board may have granted, the Board shall be free to take action pursuant hereto without reviewing the Environmental Commission's comments.
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.
A. 
Submission requirements. Submission requirements for minor subdivision and minor site plan approval are provided in the Minor Subdivision and Minor Site Plan Checklist located in the Appendix at the end of this chapter.[1]
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
B. 
Review by city agencies and officials. The officials and agencies forward their comments and recommendations, in writing, to the administrative officer in a timely manner after receipt of the application for submittal to the Technical Review Committee or the Board, as appropriate.
1. 
The administrative officer shall forward copies of the application to the following for review and comment, where appropriate:
a. 
Zoning Officer.
b. 
Construction Official.
c. 
Tax Assessor.
d. 
City Fire Department.
e. 
City Police Department.
f. 
City Engineer.
g. 
City Planner.
h. 
Historic Preservation Commission.
i. 
City Forester.
j. 
Health Department.
k. 
Environmental Commission.
2. 
The Board or the administrative officer shall also have the authority to refer any application to other agencies or individuals for comments or recommendations.
C. 
Board action.
1. 
The Board will conduct a public hearing and act within the appropriate time period for each type of application, as governed by the Municipal Land Use Law.[2] The Planning Board generally has a time period of 45 days for most minor subdivision and minor site plan applications. The Zoning Board of Adjustment has a time period of 120 days for most applications. Conditional use applications, in front of either Board, have a time period of 95 days.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
2. 
Failure of the Board to act within the period prescribed shall constitute minor subdivision or minor site plan approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on written request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Registrar for purposes of filing minor subdivision plats or deeds.
D. 
Effect of approval. Approval of a minor subdivision or minor site plan shall be deemed final approval provided that the Board may condition such approval on the provision of improvements as may be required. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or minor site plan approval was granted, shall not be changed for a period of two years after the date on which the resolution of approval is adopted, provided that the approved minor subdivision shall have been duly recorded.
E. 
Expiration of minor subdivision. Approval of a minor subdivision shall expire 190 days from the date on which the resolution of approval is adopted unless within such period a plat in conformity with such approval and the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.,[3] or a deed clearly describing the approved minor subdivision is filed by the developer with the County Registrar, the City Engineer and the City Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Board Chairperson and Secretary. In reviewing the application for development for a proposed minor subdivision, the Board may accept a plat not in conformity with N.J.S.A. 46:23-9.9 et seq., provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of the said act.
[3]
Editor's Note: See now N.J.S.A. 46:26B-1 et seq.
F. 
Extensions of minor subdivision or minor site plan approval.
1. 
The Board may extend the 190-day period for filing a minor subdivision plat or deed pursuant to this chapter if the developer proves to the reasonable satisfaction of the Board:
a. 
That the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and
b. 
That the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
2. 
The Board shall grant an extension of minor subdivision or site plan approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental agencies and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval; or the 91st day after the developer receives the first legally required approval from other governmental entities, whichever occurs later.
A. 
Submission requirements. Submission requirements for preliminary major subdivision and preliminary major site plan approval are provided in the Preliminary Major Subdivision and Preliminary Major Site Plan Checklist located in the Appendix at the end of this chapter.[1]
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
B. 
Review by City agencies and officials. The officials and agencies cited shall forward their comments and recommendations, in writing, to the administrative officer within 14 days after the receipt of the application for submittal to the formal Technical Review Committee or the Board, as appropriate.
1. 
The administrative officer shall forward copies of the application to the following for review and comment, where appropriate:
a. 
Zoning Officer.
b. 
Construction Official.
c. 
Tax Assessor.
d. 
City Fire Department.
e. 
City Police Department.
f. 
City Engineer.
g. 
City Planner.
h. 
Historic Preservation Commission.
i. 
City Forester.
j. 
Board of Health.
k. 
Environmental Commission.
2. 
The Board or the administrative officer shall also have the authority to refer any application to other agencies or individuals for comments or recommendations.
C. 
Board action. The Board will conduct a public hearing and act within the appropriate time period for each type of application, as governed by the Municipal Land Use Law.[2]
1. 
Subdivisions.
a. 
Except for applications governed by other time limits, the Board shall approve, conditionally approve or deny a preliminary major subdivision application of 10 or fewer lots within 45 days after the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.
b. 
The Board shall approve, conditionally approve or deny a preliminary major subdivision application of more than 10 lots within 95 days after the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.
c. 
Failure of the Board to act within the time prescribed shall constitute preliminary major subdivision approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on written request of the applicant. Said certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
2. 
Site plans.
a. 
Except for applications governed by other time limits, the Board shall approve, conditionally approve or deny a preliminary major site plan which involves 10 acres of land or less, and 10 dwelling units or less, within 45 days after the submission of a complete application unless the applicant shall extend the period of time within which the Board may act.
b. 
The Board shall approve, conditionally approve or deny the preliminary major site plan of more than 10 acres or more than 10 dwelling units within 95 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
c. 
Failure of the Board to act within the time prescribed shall constitute preliminary major site plan approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on written request of the applicant. Said certificate shall be sufficient in lieu of a written endorsement or other evidence of approval herein required.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D. 
Effect of preliminary approval. Preliminary approval of a major subdivision or major site plan, except as provided in this section, shall confer upon the applicant the following rights for a three-year period from the date on which the resolution granting preliminary approval is adopted:
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 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 City from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety.
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 subdivision plat or site plan, as the case may be.
3. 
That the applicant may apply for and the 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 standards have been revised by ordinance, such revised standards may govern.
4. 
In the case of a subdivision of or a site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 100 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the appropriate Board may grant the rights referred to in § 35-5.18D1 through 3 above for such period of time, longer than two years, as shall be determined by the appropriate Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
5. 
Whenever the Board grants an extension of preliminary approval pursuant to § 35-5.18D3 and D4 above and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.
6. 
The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval, or the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to § 35-5.18D3 and D4 above.
E. 
Time limits for filing applications for final approval. Notwithstanding the rights conferred on the applicant in § 35-5.18D above, the developer must file an application for final approvals within three years of the date on which the resolution granting preliminary approval is adopted, or within such periods of extension as may have been granted by the Board.
F. 
Simultaneous preliminary and final site plan approval. Combined preliminary and final site plan approval may be granted at the Board's discretion, provided all submission requirements for both applications are met. The time limit within which the Board shall act shall be the longest time permitted for either of the two approvals.
A. 
Submission requirements. Submission requirements for final major subdivision and final major site plan approval are provided in the Final Major Subdivision and Final Major Site Plan Checklist located in the Appendix at the end of this chapter.[1]
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
B. 
Review by city agencies and officials. The officials and agencies cited shall forward their comments and recommendations, in writing, to the administrative officer within 14 days after the receipt of the final application for submission to the Technical Review Committee or the Board.
1. 
The administrative officer shall forward copies of the application to the following officials for review and comment where appropriate:
a. 
Zoning Officer.
b. 
Construction Official.
c. 
Tax Assessor.
d. 
City Fire Department.
e. 
City Police Department.
f. 
City Engineer.
g. 
City Planner.
h. 
Historic Preservation Commission.
i. 
City Forester.
j. 
Board of Health.
k. 
Environmental Commission.
2. 
The Board or the administrative officer shall also have the authority to refer any application to other agencies or individuals for comments or recommendations.
C. 
Board action.
1. 
The Board shall conduct a public hearing and grant final approval if the Board determines that the detailed drawings, and any other documentation submitted with the application for final approval conform to the standards established by ordinance for final approval, the conditions for preliminary approval, and, in the case of a major subdivision, the standards prescribed in the "Map Filing Law," P.L. 1960, c. 141.[2] In the case of a planned unit development, planned unit residential development or residential cluster, the Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
[2]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
2. 
Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on written request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and, in the case of subdivision plans, shall be so accepted by the County Registrar for purposes of filing.
D. 
Effect 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 for a period of two years after the date on which the resolution of final approval is adopted, 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 below. If the developer has followed the standards prescribed for final approval and, in the case of subdivision, has duly recorded the plat with the County Registrar in accordance below, the Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval, for any section of the development which is granted final approval.
2. 
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 100 acres or more, or site plan for the development of nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in Subsection D1 of this section for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration:
a. 
The number of dwelling units and nonresidential floor area permissible under final approval.
b. 
Economic conditions.
c. 
The comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the following:
(1) 
The number of dwelling units and nonresidential floor area permissible under final approval;
(2) 
The number of dwelling units and nonresidential floor area remaining to be developed;
(3) 
Economic conditions; and
(4) 
The comprehensiveness of the development.
3. 
Whenever the Board grants any extension of final approval pursuant to § 35-5.19D1 and 2 above, and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
4. 
The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for an extension before what would otherwise be the expiration date of final approval, or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to § 35-5.19D1 and D2 above.
E. 
Expiration of final major subdivision approval.
1. 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the applicant with the County. The 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. The Board may extend the ninety-five-day or 190-day period if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the applicant applied promptly for and diligently pursued required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for an extension either before or after the original expiration date.
2. 
No subdivision plat shall be accepted for filing by the county until it has been approved by the Board as indicated on the instrument by the signatures of the Chairperson and of the Secretary of the Board. The signatures of the Board Chairperson and Secretary shall not be affixed until the developer has posted the performance guarantees required by this chapter and has satisfied all other applicable conditions of final approval. If the County records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records.
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.[1]
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.
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
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.
A. 
Site plans.
1. 
When all conditions of any minor, preliminary or final site plan approval have been met, the applicant shall submit to the administrative officer one Mylar copy for signature:
a. 
The City Engineer shall review the Mylar(s) for compliance with the approved application and any conditions required by the Board.
b. 
The approved Mylar(s) shall then be signed by the Board Chairperson and Secretary.
2. 
The applicant shall submit an engineer's estimate of detailed and individualized costs of site development for review by the City or Board Engineer.
a. 
The City Engineer will review the applicant's estimate and either accept, modify, or reject the costs.
b. 
If accepted, the City Engineer will notify the applicant as to the specific amounts to be submitted as performance guarantees and inspection fees.
c. 
If modified or rejected, the City Engineer will notify the applicant and obtain revised and acceptable estimate amounts which will then form the basis of the guarantee and inspection fees.
3. 
The applicant shall submit all performance guarantees and inspection fees to the administrative officer, who shall transmit these guarantees and fees to the City Treasurer for posting to the appropriate account(s).
4. 
The City Engineer shall then sign the Mylar(s) and return the Mylar set to the applicant for recording and duplication.
5. 
Upon receipt, the applicant shall return three paper copies and one complete signed Mylar set to the administrative officer. The complete set shall include all site plans and details, including building elevations, floor plans and other information, as required by the Board.
B. 
Subdivisions.
1. 
In addition to the foregoing, whenever any subdivision is to be perfected by the filing of the approved plat with the County Registrar in conformance with the Map Filing Law, the applicant shall submit to the administrative officer at least two Mylars of the plat intended for recording, one of which must be returned to the administrative officer for filing. Provided that it conforms to the Map Filing Law,[1] the plat intended for recording shall be signed by the Board Chairperson, Secretary and Engineer. After signing, the Mylars shall be returned to the applicant for recording with the County Registrar.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
2. 
Whenever any minor subdivision is to be perfected by the filing of a deed with the County Registrar, the applicant shall submit to the administrative officer one original deed for review and approval by the City Engineer. The approved deed shall be signed by the City Engineer and the Board Chairman and shall be returned to the applicant for purposes of recording.
C. 
File copies.
1. 
Following the filing of any approved subdivision plat or minor subdivision deed with the County Registrar, the applicant shall promptly deliver to the administrative officer at least three copies of the filed plat or recorded deed, as the case may be. The administrative officer shall then distribute copies of the same.
2. 
The administrative officer shall return in the Board's files at least one true copy of all signed and approved site plans and subdivision deeds and all signed, approved and filed subdivision plats, as part of the Board's records.
A. 
General development plan. Any developer of a parcel of land for which the developer is seeking approval of a planned development N.J.S.A. 40:55D-45 et seq. shall submit a general development plan to the Planning Board prior to the granting of preliminary subdivision approval or preliminary site plan approval.
B. 
Single plan sheet. Except for required reports and other written documentation, the entire development site and its surrounding environs shall be shown on a single plan sheet in addition to other required forms of plan documentation. The development site may also be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.
C. 
Requirements of a general development plan. A general development plan shall include the following:
1. 
A land use plan indicating the tract area and locations of the existing and proposed uses to be included in the planned development. The total amount of nonresidential floor area to be provided and proposed land area to be devoted to nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated;
2. 
A circulation plan showing the general location and types of transportation facilities, including bus facilities and facilities for pedestrian and bicycle access, within the planned development and any proposed improvements to the existing transportation system outside the planned development. The plan shall include the following:
a. 
The projected peak-hour traffic volumes on secondary arterial and collector roads at the estimated time of completion of the initial proposed section of the planned development, including both internal and adjacent external volumes.
b. 
The peak-hour volume capacity relationship of level of service at completion of development on secondary arterial and collector roads servicing the planned development.
c. 
The projected peak hour turning movements at completion of development for all major intersections, both internally and adjacent to the project.
d. 
A general description of any off-tract road or intersection improvements necessitated by traffic increase as a result of the planned development, and a general schedule for their implementation.
e. 
The circulation plan shall describe appropriate mass transit opportunities within and to the planned development, including any traffic management techniques anticipated to be utilized in achieving peak-hour traffic reductions.
f. 
The circulation plan shall primarily be based on a traffic study prepared by the applicant. The traffic study shall be conducted prior to the submission of a complete general development plan application to the Planning Board. The traffic study shall also identify the impact of the new development proposed for the site, and a comparison of the proposed and existing uses. Associated traffic impacts on secondary arterial and collector roads servicing the planned development shall also be included, along with a recommendation on off-tract or intersection improvements necessary to accommodate this increase. The costs of any off-tract or intersection improvements necessitated by the planned development shall be calculated by the applicant, agreed to by the City Engineer, and included, if necessary, within the municipal development agreement. Any potential off-tract or intersection improvement impact fee(s) shall be assessed based upon a fair-share contribution analysis in the traffic study that accounts for traffic generated by the planned development.
3. 
An open space plan showing the proposed land area and general location of land areas to be set aside for plazas and campus green focal points and for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a program for the operation and maintenance of such lands;
4. 
A utility plan indicating the need for and showing the proposed location of sewage and water lines, and drainage facilities necessitated by the physical characteristics of the site, proposed methods for disposal and/or recycling of solid waste and research waste, and a plan for the operation and maintenance of proposed utilities;
5. 
A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site and addressing any off-site impacts;
6. 
An environmental inventory, including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and physical resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site and its environs;
7. 
A community facility plan indicating the scope and type of supporting community facilities;
8. 
A local service plan indicating those public and private services which the applicant proposes to provide, and which may include, but not be limited to, water, sewer, and solid waste disposal,
9. 
A design and development criteria booklet shall be provided, establishing design and development criteria for buildings; parking, service and access; lighting; signs; and drainage, preservation of existing major treed areas, tree protection during construction, and other landscape design considerations. The booklet shall also address criteria for environmental and visual protection during construction.
10. 
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 or employees who utilize any section of the planned development prior to the completion of the development in its entirety.
11. 
A proposed development phasing schedule (a site master plan) in the case of a planned development whose construction is contemplated over a period of years, and any terms or conditions which are intended to protect the interests of the public and of the employees who occupy any section of the planned development prior to the completion of the development in its entirety. A phasing schedule shall not interfere with individual building demolition permit applications to take down buildings that are in a hazardous condition and/or affect the overall operations/management of the site and the demolition permit is in full compliance with existing site conditions and city zoning development regulations.
12. 
A fiscal 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 City or school district as a result of the completion of the planned development. The fiscal report will also include a detailed projection of property tax revenues which will accrue to the county, City and school district according to the timing schedule provided and following the completion of the planned development in its entirety.
13. 
A draft municipal development agreement, which will mean a written agreement between the City and a developer relating to the planned development.
14. 
A housing plan that addresses the obligations and requirements associated with Article XVII, Affordable Housing Development Fees.
D. 
Compliance with the Municipal Land Use Law (MLUL).
1. 
The planned development shall be developed in accordance with the general development plan approved by the Planning Board, notwithstanding any provision of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or of any ordinance or regulation adopted pursuant thereto after the effective date of the approval.
2. 
The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth below in this section, except that the term of the effect of the approval shall not exceed 10 years from the date upon which the developer received final approval of the first section of the planned development.
3. 
In making its determination regarding the duration of the effect of approval of the general development plan, the Planning Board shall consider the amount of floor area to be constructed; prevailing economic conditions; the timing schedule to be followed in completing the development and the likelihood of its fulfillment; the developer's capability of completing the proposed development; and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.
E. 
Modification of timing schedule. In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for nonresidential space within the City and the region, and the availability and capacity of public facilities to accommodate the proposed development.
F. 
Variation to plan. The developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the square footage of the development in any section of the planned development.
G. 
Amendments. Once a general development plan has been approved, it may be amended or revised only upon application to the Planning Board.