A. 
The Planning Board shall review and approve all subdivision plats by resolution as a condition for the filing of such plats with the County Recording Officer. The Planning Board shall review and approve all site plans by resolution as a condition for the issuance of a permit for any development. Subdivision or individual lot applications for detached one- or two-unit buildings shall be exempt from such site plan review and approval.
At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit towards fees for review of the application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized administrative officer. In the event that the municipal agency or its authorized 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:
A. 
The application lacks information indicated on a checklist adopted by ordinance and provided to the applicant, and the municipal agency or its authorized administrative officer has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application.
B. 
The applicant shall obtain all necessary forms from the Secretary of the Planning Board and shall submit the following in connection with an application for development 21 days before the hearing date.
(1) 
Fifteen copies of the application form completed as required.
[Amended 10-17-2006 by Ord. No. 33-2006]
(2) 
Fifteen copies of the site plan, subdivision plan or subdivision plats as required.
[Amended 10-17-2006 by Ord. No. 33-2006]
(3) 
Applicant's affidavit of ownership of the property in question or his interest in the property in question.
(4) 
One of the following:
(a) 
A letter of interpretation from the NJDEP indicating the absence of freshwater wetlands or indicating the presence and verifying delineation of the boundaries of freshwater wetlands; or
(b) 
A letter of exemption from the NJDEP certifying that the proposed activity is exempt from the Freshwater Wetlands Protection Act and regulations promulgated thereunder; or
(c) 
A copy of any application made to the NJDEP for any permit concerning a proposed regulated activity in or around freshwater wetlands.
(5) 
If the applicant is a corporation or partnership, a complete list of the names and addresses of all shareholders or partners owning at least a ten-percent interest in the company as required by N.J.S.A. 40:55D-48.1 et seq.
(6) 
Number of witnesses and their expertise, if any.
(7) 
Certification that all real estate taxes and assessments currently due have been paid.
(8) 
A receipt indicating that all fees due under this chapter have been paid.
C. 
The applicant may request that one or more of the submission requirements be waived, in which event the municipal agency or its authorized administrative officer shall grant or deny the request within 45 days. The applicant shall set forth the reason why the waiver is requested.
D. 
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.
No development application shall be accepted for consideration unless it conforms to the requirements as set forth herein as to form, content and accompanying information. All plats shall be drawn by a New Jersey licensed land surveyor and shall bear the signature, seal, license number and address of the surveyor and comply with the Map Filing Law.[1] All drawings of improvements shall be signed and sealed by a professional engineer licensed to practice within the State of New Jersey.
A. 
Minor subdivision plat details. The plat shall be clearly and legibly drawn and shall be based on Tax Map information or some other similarly accurate base, at a suitable scale to enable the entire tract to be shown on one sheet, and shall show or include the following information:
(1) 
A key map with North arrow showing the entire development and its relation to surrounding areas at a scale of not less than one inch equals 2,000 feet.
(2) 
The Tax Map sheet, block and lot numbers for the tract and all adjacent lots, title, graphic scale, date of original drawing and the date and substance of each revision.
(3) 
Name and address of the owner, subdivider and person preparing the plat. If the owner is not the applicant, then the interest of the applicant and the owner's signed consent to the filing of the application.
(4) 
The names of all adjoining property owners as disclosed by the most recent City tax records.
(5) 
The signature and seal of a licensed land surveyor.
(6) 
The classification of the zoning district in which the proposed subdivision is located. If the property lies in more than one zoning district, the plat shall indicate all the zoning district boundary lines. All front, side and rear setback lines shall be shown conforming to this chapter.
(7) 
The legal description and street address, if any, of the subject property, its entire acreage and the acreage of the area(s) being subdivided.
(8) 
All existing and proposed lot lines and any existing lot lines to be eliminated with the lines certified by a New Jersey licensed land surveyor.
(9) 
All existing structures, uses and wooded areas within the portion to be subdivided and within 200 feet of the subject property; also, any isolated trees with a diameter of eight inches or more measured three feet above the ground level on the property involved.
(10) 
All streams, lakes and drainage rights-of-way within the limits of the tract(s) being subdivided and within 200 feet thereof, including the location, width and direction of flow of all streams, brooks and drainage rights-of-way; the location and dimensions of all drainage structures; existing features to be removed or relocated; flood hazard area and floodway lines, steep slopes, wetlands and swamps.
(11) 
All existing and proposed streets, roads, easements and rights of-way within and adjoining the proposed subdivision, with existing right-of-way widths clearly indicated and as proposed in the City Master Plan. Existing driveways, street names, sight triangles and purpose of any easements shall be shown. Copies of the text of any deed restrictions shall be provided when requested by the approval authority.
(12) 
The location and width of all existing and proposed utility easements in the area to be subdivided.
(13) 
The shortest distance between any existing building and other structures or a proposed or existing lot line.
(14) 
The location of any existing or proposed open space or recreation area.
(15) 
A limits of disturbance plan showing the construction line for all building, parking and vehicular use areas, all stormwater retention areas, and areas of required cut and fill.
[Added 8-3-2010 by Ord. No. 14-2010]
B. 
Minor site plan.
(1) 
For purposes of determining site plan details required to be shown, a site plan will be deemed a minor site plan when it involves any lots not abutting an arterial or collector road or street as shown on the City Master Plan and where:
(a) 
A proposed building or use or a specific lot(s) which conforms to the maximum and minimum building standards as set forth in this chapter will not require more than five off-street parking spaces as required by § 30-137 and is not subject to the provisions of Article XVIII of this chapter; or
(b) 
The proposed expansion or alteration of an existing building or use on a specific lot(s) will not result in additional lot coverage in excess of 10% of the existing coverage, will conform to the maximum and minimum building standards as set forth in this chapter, and will not increase the number of off-street parking spaces by more than five or eliminate existing required parking spaces and said building or use is not subject to the requirements of Article XVIII of this chapter.
(2) 
Minor site plan details. A minor site plan shall include the same data as required in § 30-45A except that the graphic scale shall not be less than 50 feet to the inch. All distances shall be in decimals of a foot, and all bearings shall be given to the nearest 10 seconds. The error of closure shall not exceed one in 10,000. In addition to the aforementioned data required, the site plan shall also show:
(a) 
Existing schools, special districts and areas proposed for dedication for public use.
(b) 
Location of all proposed buildings and all other structures, such as but not limited to walls, fences, culverts, bridges and sidewalks, with spot elevations of such structures.
(c) 
The proposed use or uses of land and buildings and the location of proposed buildings or individual sites, such as in the case of campgrounds, including proposed grades.
(d) 
The location and design of any off-street parking and loading areas, showing size and locations of bays, aisles and barriers and the number of parking and loading spaces.
(e) 
All buffered and landscaped areas and means of vehicle access and egress existing and proposed for the site, showing the size and location of driveways and curb openings.
(f) 
The square footage of each building, total number of employees and of the employees in the largest working shift and where applicable, seating capacity of the structure(s).
(g) 
If a sign or signs are to be erected, attached or otherwise located on the site, the site plan shall be accompanied by additional details and information as provided in § 30-45G.
(h) 
If the applicant is a corporation or partnership, a list of 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. If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to a disclosure as set forth above, the corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the ownership criterion of 10% as set forth in N.J.S.A. 40:55D-1 et seq. have been listed.
(i) 
A limits of disturbance plan showing the construction line for all building, parking and vehicular use areas, all stormwater retention areas, and areas of required cut and fill.
[Added 8-3-2010 by Ord. No. 14-2010]
C. 
Preliminary subdivision plat. The preliminary plat shall be clearly and accurately drawn or reproduced at a suitable scale. Preliminary plats shall be designed in accordance with the provisions of Article XVIII of this chapter and shall show or be accompanied by the following information:
(1) 
The plat shall have a graphic scale of not less than one inch equals 100 feet and be based on a certified boundary survey and drawn by a land surveyor licensed in New Jersey with design and improvements drawn by a professional engineer also licensed to practice in New Jersey. Sheet size shall be 30 inches by 42 inches, 24 inches by 36 inches, 15 inches by 21 inches, or 8 1/2 inches by 13 inches. If more than one sheet is required to show the entire subdivision, a separate composite map shall be drawn showing the entire subdivision and the sheets on which the various sections thereof are shown.
(2) 
The plat shall have a key map with North arrow, showing the entire subdivision in relation to surrounding areas, including the names of principal roads, and at a scale of not less than one inch equals 2,000 feet.
(3) 
Title block with the name of the subdivision; any development names previously associated with the application; the name of the municipality; Tax Map sheet, block and lot numbers; date of preparation and most recent revision; meridian, graphic scale; the names, addresses, phone numbers and signatures of the owner, subdivider and person(s) who prepared the plat(s), including the seal(s) of the latter. If the subdivider is not the owner, of the subject property, the plat shall be accompanied by a statement indicating the interest of the applicant. If the applicant is a corporation or partnership, said corporation or partnership 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. Listing shall be in accordance with the provisions of § 30-45B(2)(h).
(4) 
The names of property owners within 200 feet of the extreme limits of the subdivision as disclosed on the most recent municipal tax records.
(5) 
Tract acreage to the nearest 0.001 of an acre; the number of new lots, each lot line dimension, scaled to the nearest foot; and each lot area, to the nearest square foot.
(6) 
Existing and proposed contours at two-foot intervals. All elevations shall be related to a bench mark noted on the plan and wherever possible shall be based on USGS mean sea level datum or approved local datum. Contours should show existing ground elevations and proposed elevations in any area to be regraded.
(7) 
The natural features map shall delineate natural tree cover by a circumferential line around all stands of trees with similar characteristics such as the type or species based on the outer perimeter of the dripline of the individual trees. Specific locations of specimen trees which are healthy and have a diameter at breast height of 24 inches or greater or are otherwise noteworthy because of species, age, size, or other exceptional quality such as rarity, uniqueness or status as landmark or species specimen shall be noted on the natural features map.
[Amended 8-3-2010 by Ord. No. 14-2010]
(8) 
Existing and proposed streams, lakes, ponds, and marsh areas accompanied by the following data:
(a) 
When a running stream with a drainage area of 1/2 square mile or greater is proposed for alteration, improvement or relocation, or when a structure or fill is proposed over, under, in or along such running stream, evidence of approval, required alteration, lack of jurisdiction or denial of the improvement by the New Jersey Division of Water Policy and Supply shall accompany the plat.
(b) 
Cross sections and profiles of watercourses at an appropriate scale showing the extent of the flood fringe area, top of bank, normal water level and bottom elevations at the following locations:
[1] 
All watercourses within or adjacent to the development and at any point where a watercourse crosses a boundary of the development (profile and cross-section).
[2] 
At fifty-foot intervals for a distance of 300 feet upstream and downstream of any existing or proposed culvert or bridge within the development (cross section).
[3] 
At a maximum of one-hundred-foot intervals, but at no less than two locations, along each watercourse which runs through or adjacent to the development (cross section).
[4] 
When ditches, streams, brooks or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation during construction as well as typical ditch sections and profiles shall be shown on the plan or accompany it.
(c) 
The total upstream acreage in the drainage basin of any watercourse running through or adjacent to a development, for the flowing streams, small-scale watershed maps developed from the USGS sheets shall be submitted.
(d) 
The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in that portion of the development which drains to the structure.
(e) 
The location and extent of all existing and proposed drainage and conservation easements and flood hazard area and floodway lines.
(f) 
The location, extent and water level elevation of all existing or proposed lakes or ponds on or within 300 feet of the development.
(g) 
Plans and computations for any storm drainage systems, including the following:
[1] 
All existing and proposed stormwater sewer lines within or in lands or roads adjacent to the development and for all required off-site and off-tract drainage improvements showing size, profile and slope of lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
[2] 
The location and extent of any proposed dry wells, groundwater recharge basins, retention basins, flood control devices, sedimentation basins, or other water conservation devices.
(9) 
The names, locations and dimensions, including cartway and right-of-way widths, of all existing streets within a distance of 200 feet of the boundaries of the development, existing driveways and any connections from proposed streets, sidewalks and bike routes in the development to any adjoining street(s), sidewalk(s) or bike route(s) and what off-site extensions, if any, will be made to nearby arterial and collector streets as those streets are shown on the adopted Master Plan.
(10) 
Plans, cross sections, center-line profiles, tentative grades and details of all proposed and existing streets in the tract and within 300 feet of the subdivision based on the United States Geological Survey datum, together with full information as to the disposal of surface runoff, including plans, cross sections and profiles of streets, storm drains and drainage structures. Typical street cross sections shall indicate the type and width of pavement and the location of curbs, sidewalks, bike routes, typical underground utilities and shade tree planting. At intersections, the sight triangles, radii of curblines, crosswalks and street sign locations shall be shown. Final street naming may be deferred. For streets where curbs and/or sidewalks are to be provided, separate curb and sidewalk profiles shall be required at street intersections.
(11) 
The names, locations, paved widths, right-of-way widths and purpose(s) of existing and proposed easements, driveways and other rights-of-way in the proposed subdivision. The text of any deed restrictions shall accompany the plat.
(12) 
The location and description of all easements, existing and tentatively proposed.
(13) 
All proposed lot lines, and all existing lot lines to remain and those to be eliminated. All setback lines required by this chapter with the dimensions thereof and any municipal boundary line where the boundary is within the tract or within 200 feet of the tract. Any lot(s) to be reserved or dedicated to public use shall be identified. Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with the number one.
(14) 
Locations of all existing structures and their use(s) in the tract and within 200 feet thereof, showing existing and proposed front, side and rear yard setback distances, structures of potential historic significance and an indication of all existing structures and uses to be retained and those to be removed.
(15) 
Plans and profiles of proposed improvements and utility layouts (sanitary sewers, storm sewers, erosion control, excavation, etc.) showing location, size, slope, pumping stations and other details as well as feasible connections to any existing or proposed utility systems. If private utilities are proposed, they shall comply fully with all municipal, county and state regulations. If service will be provided by an existing utility company, a letter from that company shall be submitted stating that the service will be available before occupancy of any proposed structures. When on-lot water supply or sewerage disposal is proposed, the proposed location of the well and the location and results of percolation tests shall be submitted.
(16) 
Zoning district(s) and zoning district lines in which the subdivision is located.
(17) 
Identification of an area to be reserved for public use and acceptable for City recreational purposes, approved by the Planning Board, comprising not less than 15% of the land area to be developed. Such lands, when approved by the Planning Board, constitute an amendment to the Master Plan of the City of Millville and will be reserved for a period of one year from the date of preliminary approval, during which time the City may institute acquisition procedures.
(18) 
An itemization of all improvements to be made to the site, as required in Articles XIV, XVI, XVIII, XXIII and XXIV and such other improvements on site, off site and off tract as the public interest may require, together with a listing of the work and materials to be used in installing such improvements, including estimated quantities of necessary materials, sufficient to enable the City Engineer to formulate a performance guaranty estimate.
(19) 
Details and information on any proposed signs to be erected, constructed or to be placed anywhere on the property involved in accordance with the provisions of Article XXIII of this chapter.
(20) 
In the case of a cluster development, the preliminary plat shall be accompanied by a set of detailed development plans showing density patterns, site design, open land designations, building locations, utilities and other improvements and landscaping proposals.
(21) 
Environmental impact statement. An environmental impact statement in accordance with the requirements of § 30-46E shall be submitted.
[Amended 3-7-2006 by Ord. No. 8-2006]
D. 
Preliminary site plan.
(1) 
Every preliminary site plan shall be at a minimum graphic scale of one inch equals 10 feet, 20 feet, 30 feet, 40 feet or 50 feet; certified by a New Jersey licensed architect or engineer, including accurate lot lines certified by a New Jersey licensed surveyor, submitted on one of four of the following standard sheet sizes: 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches, or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, a separate composite map shall be drawn showing the entire development and the sheets on which the various sections are shown. The site plan shall include the following data:
(a) 
All lot lines and the exterior boundaries of the tract;
(b) 
North arrow;
(c) 
Zone district(s) in which the lot(s) is(are) located;
(d) 
Date of original drawing and each subsequent revision or amendment;
(e) 
Existing and proposed street(s) and street name(s);
(f) 
Existing and proposed contours at two-foot intervals throughout the tract and within 100 feet of any building or paved area under review;
(g) 
Title of plan and development name;
(h) 
Watercourse location;
(i) 
Total area to one square foot;
(j) 
Total number of parking spaces required and to be provided;
(k) 
All dimensions, areas and distances needed to conform with the chapter such as, but not limited to, building lengths, building coverage, lot lines, parking spaces, loading spaces, setbacks and yard dimensions;
(l) 
A small key map giving the general location of the parcel within the City; and
(m) 
A separate map showing the site in relation to all remaining lands in the present owner's ownership.
(2) 
Site plan information for preliminary and final approval. Each site plan shall have the following information shown thereon or be annexed thereto and shall be designed to comply with the applicable provisions of this chapter:
(a) 
Building and use plan. The size, height, location, arrangement and use of all proposed buildings, structures, and signs, including an architect's sealed elevations of the front, side and rear of any structures and signs to be erected or modified, to the extent necessary to apprise the Planning Board of the scope of the proposed work, shall be shown. Any existing structures shall be identified either to remain or to be removed. A written description of the proposed use(s) and operation(s) or nonresidential building(s), including the number of shifts to be worked and the maximum number of employees on each shift; seating capacity; expected truck and tractor-trailer traffic; emission or noise, glare, vibration, heat, odor and air and water pollution; safety hazards; and anticipated expansion plans incorporated in the building design. Floor plans shall be submitted upon request of the Planning Board.
(b) 
Circulation plan. This plan shall show access streets and street names, acceleration/deceleration lanes, curbs, aisles and lanes, access points to public streets, sight triangles, traffic channelization, easements, fire lanes, driveways, number and location of parking and loading spaces/loading berths and/or docks, pedestrian walks and all related facilities for the movement and storage of goods, vehicles and persons on the site and including lights, lighting standards, signs and driveways within the tract and within 100 feet of the tract. Sidewalks shall be shown from each entrance/exit along expected paths of pedestrian travel, such as but not limited to access to parking lots, driveways, other buildings on the site and across common yard areas between buildings. Plans shall be accompanied by cross sections of new streets, aisles, lanes, driveways, and sidewalks. Any expansion plans for the proposed use shall show feasible parking and loading expansion plans to accompany building expansion.
(c) 
Natural resource plan. This plan shall show existing and proposed wooded areas; buffer areas including the intended screening devices and buffers; grading at two-foot intervals inside the track and within 50 feet of its boundaries; seeded and sodded areas; ground cover; retaining walls; fencing; signs; recreation areas; shrubbery; trees; and other landscaping features. These plans shall show the location and type of man-made improvements and the location, species and caliper of plant material and trees to be located on the track. The natural tree cover also shall be delineated by a circumferential line around all stands of trees with similar characteristics such as the species or type based on the outer perimeter of the dripline of the individual trees. Specific locations of specimen trees which are healthy and have a diameter at breast height of 24 inches or greater, or are otherwise noteworthy because of age, size, species, or other exceptional quality such as rarity or uniqueness or status as a landmark or species specimen, shall be noted on the natural features map. All portions of the property not utilized by building or paved surfaces shall be landscaped utilizing combinations such as landscaping fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes.
[Amended 8-3-2010 by Ord. No. 14-2010]
(d) 
Facilities plan. This plan shall show the existing and proposed locations of all drainage and stormwater runoff; open space; common property; fire hydrants; gas, electric, telephone, sewerage and water line locations; and solid waste collection and disposal methods, including proposed grades, sizes, capacities and materials and/or equipment to be used for facilities installed by the developer. Installations by utility companies need only show their locations on the plan. All easements acquired or required on the tract and across adjacent properties shall be shown, and copies of legal documentation that support the granting of an easement by an adjoining property owner shall be included. All proposed lighting shall be shown, including the direction, angle, height and reflection of each source of light. All utilities shall be installed underground. All required state and federal approvals for environmental considerations shall be submitted prior to preliminary approval or shall be a condition of approval. Drainage facilities shall include facilities to comply with stormwater runoff provisions of this chapter. The method of sewage treatment and solid waste disposal or collection shall be shown, and percolation tests and soil borings from sufficient locations on the site to allow a determination of adequacy by the Board of Health shall be included where septic tanks and leaching fields are permitted and are proposed.
(e) 
Environmental impact statement. An environmental impact statement in accordance with the requirements of § 30-46E shall be submitted.
[Amended 3-7-2006 by Ord. No. 8-2006]
(f) 
In the case of multifamily and apartment developments, five copies of a housing market analysis which shall describe and demonstrate the need for the proposed project in terms of the regional housing market shall be submitted. Analysis shall include data and information on vacancy rates, type and location of other housing facilities within the City and the region. Such analysis shall clearly indicate how it will meet a need reasonably shown to exist for the type and cost of housing proposed and is in compliance with the City Master Plan Housing Element.
(g) 
In the case of residential development for which a homeowners association is required, the site plan shall be accompanied by such information as will permit the approval authority to make detailed findings concerning the ability of the proposed association to adequately perform the function for which it is designed. Information to be submitted by the applicant in this regard and subject to approval or revision is as follows:
[1] 
The time when the association is to be created in relation to the project's timetable.
[2] 
Mandatory or automatic nature of membership in the organization by a resident and his/her successor(s).
[3] 
Permanence of open space and recreational area protective convenants.
[4] 
Liability of organization for insurance, taxes and maintenance of all facilities.
[5] 
Provisions made for pro rata sharing of costs and assessments.
[6] 
Capacity of the organization to administer common facilities and preserve the benefits of the open space and recreational areas.
[7] 
The restrictions, covenants and other devices establishing automatic membership in the association and the responsibilities of that membership.
(h) 
An application form completed in full, accompanied by such other information or data as may be required by the Planning Board in order to determine that the proposed development is in accordance with the City Master Plan, the provisions of this chapter and all other applicable City ordinances. If the applicant is a corporation or partnership, the corporation or partnership 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. Such listing shall be in accordance with the provisions of § 30-45B(2)(h) of this article.
(i) 
A sustainability plan as outlined in § 30-179A of these regulations.
[Added 8-3-2010 by Ord. No. 14-2010]
(3) 
The Planning Board, at its sole discretion, may waive or reduce the details and/or data required to be shown on a preliminary site plan, so long as such waiver or reduction will not unreasonably hamper or impede the Planning Board's review of the proposed development in relation to the City Master Plan and all applicable ordinances.
E. 
Final subdivision plat. The final plat shall be drawn in ink on tracing cloth or Mylar at a suitable scale and in compliance with all provisions of Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.9 et seq.). The final plat shall show or be accompanied by only the following information and those details as specified in the aforementioned New Jersey Map Filing Law and as follows:
(1) 
Date, name and location of the subdivision; name of the owner, graphic scale; and reference meridian.
(2) 
The purpose of any easement of land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
(3) 
Minimum building setback lines on all lots and other sites.
(4) 
Names of owners and adjoining unsubdivided land.
(5) 
Signature blocks for the Planning Board, City Engineer and other endorsements required by law.
(6) 
Tract boundary lines; municipal boundary line if within 200 feet of the tract being subdivided; street names; all lot lines and other site lines with accurate dimensions, bearing or deflection angles and radii, arcs and chart bearings and distances of all curves based on an actual survey by a land surveyor licensed to practice in the State of New Jersey, with minimum building setback lines and the area of each lot shown to the nearest square foot. All dimensions, both linear and angular, of the exterior tract boundaries shall be based on and calculated from surveyed transversing which shall have an apparent error of field closure of 1:10,000 or better and shall be corrected by accepted balancing methods to final errorless closure; all final exterior and lot boundaries shall be similarly balanced to final errorless closure. All dimensions, angles and bearings given on the map must be referred to by at least two permanent monuments which shall be indicated on the map.
(7) 
Block and lot numbers in accordance with established standards and in conformity with the Municipal Tax Map, as prepared and certified by a licensed New Jersey land surveyor, and all street numbers where appropriate shall be designated as specified by the approval authority.
(8) 
Plans, cross sections, profiles and established grades of all streets and easements as approved by the City Engineer.
(9) 
Plans and center line profiles of all storm and sanitary sewers and water mains as approved by the City Engineer.
(10) 
Location and description of all monuments as required by this chapter and Map Filing Law (N.J.S.A 46:23-9.9 et seq).
(11) 
By separate exhibits, information regarding required improvements and detailing the stage of completion of installing said improvements, including the following certifications:
(a) 
By a New Jersey licensed professional land surveyor as to the accuracy of the plat and of the surveyed dimensions.
(b) 
That the applicant is agent or owner of the land, or that the owner has given consent under an option agreement or contract of sale.
(c) 
Approvals of the City Engineer.
(d) 
Appropriate local, county and state approvals.
(e) 
By the Municipal Tax Collector that all taxes are paid to date.
(f) 
Other certifications that may be required by law.
F. 
Final site plan. The final site plan shall include all data required on the preliminary site plan drawn to incorporate all changes required as a condition of preliminary approval and drawn by persons and to specifications as required for a preliminary plan. To the extent applicable, the final site plan shall be accompanied by the same certifications as required by § 30-45E(11).
G. 
Site plan for signs. Unless otherwise provided by this chapter, an application for a sign permit shall be accompanied by a site plan of the proposed sign(s) which shall show the following:
(1) 
Name, address and telephone number of the applicant, the person preparing and/or constructing the sign(s) and the person erecting the sign(s).
(2) 
Location of the building, the structure and/or the lot to which the sign(s) is to be erected, attached or located.
(3) 
A scaled drawing showing the size of the existing or proposed sign; the location of the sign on the building to which it is to be attached or on the property on which it is to be placed (in which case setback dimensions shall be shown); the materials to be utilized in the construction of the sign, including whether or not the sign will be illuminated; and the message, lettering, artwork, illustrations, color and appurtenances to be placed or shown on the sign(s).
(4) 
In the case of signs to be erected, constructed or placed on property or attached to structures not belonging to or owned by the applicant, evidence of the property or structure owner's approval or permission for the locating of said sign(s).
(5) 
Such other information as required by the Planning Board.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
A. 
General provisions.
(1) 
Applicability.
(a) 
In order to protect the public health, safety, and welfare, all development applications, including subdivisions, site plans, and rezoning requests shall include specific information pertaining to the impact of the proposal upon external physical systems, public facilities and public services. The data that shall be included in the application are specified under this section. The following topics are subject to the impact review requirements of this subsection:
[1] 
Traffic.
[2] 
Sewerage collection and treatment.
[3] 
Potable water.
[4] 
Public services (fire, police, trash, collection).
[5] 
Schools.
(b) 
For each of these topics, this section specifies the City's standards and data that must be submitted in order to document the proposed use, available capacities, estimated impacts, and impact mitigation. Applications for preliminary or final subdivision or site plan review shall not be deemed complete until the data required for each topic, as applicable, is submitted to the Planning Board. This section specifies methods, multipliers, and other instructions to be followed in calculating impacts. Alternate calculations submitted by the applicant are acceptable, subject to the Planning Board's accepting these findings as to greater accuracy or currency.
(2) 
Impact mitigation. Applicants are encouraged to propose ways to mitigate the identified impacts of their projects as part of the application process. Mitigation may occur in several ways, including the phasing of the project based upon public investment, voluntary contributions or private solutions to rectify capacity shortfalls or enable public resolution of capacity shortfalls.
[Amended 10-17-2006 by Ord. No. 33-2006]
(3) 
Public facilities and services: general standard. It is the goal of the City that adverse impacts of new development on public facilities, such as the transportation systems, sewerage collection and treatment systems, water systems, public services, and schools, shall be prevented, or minimized, through careful planning by the developer to accurately predict such adverse impacts and to take reasonable actions in cooperation with the City to mitigate potential adverse impacts. Adverse impacts shall include increases in demand or usage that would exceed available capacities of road, sewer and water, and schools, or that would exceed the fiscal and operational capabilities of the City to provide public services to the development. It is recommended, but not mandatory, that the applicant participate in preapplication conference, verify generation assumptions, existing capacities and mitigation procedures.
B. 
Traffic impact.
(1) 
Traffic impact standard. Traffic generated by each new development shall not cause traffic to exceed Service Level D at the nearest intersections providing public access to the development site.
(2) 
Documentation to be submitted by applicant. All rezoning petitions, subdivision and site plan applications shall provide with the preliminary application an estimate of additional trips generated per day and peak hour and indicate the most recent traffic service levels at the intersections nearest to the development site.
Trips per Indicated Measure
Office Building
Employee
1,000 Gross Square Feet of Building Area
General office, under 100,000 gross sq. ft.
3.7
17.7
General office, 100,000 to 199,999 gross sq. ft.
3.8
14.3
General office, over 200,000 gross sq. ft.
2.9
10.9
Medical office building
N/A
54.6
Office park
3.3
20.7
Research center
2.4
5.3
Light industrial
3.2
5.5
Industrial park
3.6
7.0
Trips per Indicated Measure
Industrial
Employee
1,000 Gross Square Feet of Building Area
Warehousing
3.9
4.9
Mini warehouse
2.8
Trips per Indicated Measure
Lodging
Employee
Room
Hotel
11.3
10.5
Motel
12.8
10.1
Trips per Indicated Measure
Commercial
Employee
1,000 Gross Square Feet of Leasable Area
Specialty retail
N/A
40.7
Discount store
N/A
70.1
Shopping center
Under 59,000 sq. ft. leasable area
N/A
117.9
50,000-99,000 sq. ft. leasable area
82.0
100,000-199,000 sq. ft. leasable area
N/A
66.7
200,000-299,000 sq. ft. leasable area
N/A
50.6
300,000-399,000 sq. ft. leasable area
N/A
41.9
400,000-499,000 sq. ft. leasable area
N/A
49.7
500,000-599,000 sq. ft. leasable area
N/A
37.2
1,000,000-1,249,000 sq. ft. leasable area
N/A
37.1
1,250,000 sq. ft. leasable area
N/A
34.1
Trips per Indicated Measure
Schools
Employee
Student
Elementary
13.1
1.0
High school
16.3
1.4
Junior/community college
N/A
1.5
NOTES:
N/A = Information not available
For unique uses not listed, the applicant shall request determination by the City staff of what trip generation standard to follow.
C. 
Sewer and water impact.
(1) 
Purpose and scope sewer impact evaluation.
(a) 
The purpose of the sewer impact evaluation is to ensure that all elements of the sewerage system servicing the proposed development have sufficient capacity to service the additional effluent generated by the development. All applicants that will require sewer services shall submit with their preliminary application information estimating the effluent generated by their project and the capacity of each element of the system.
(b) 
The capacity analysis shall include information documenting the capacities for each of the following elements, as furnished and verified by the appropriate jurisdiction responsible for the element:
[1] 
Capacity of the sewer pipe or conduit for the entire network between the property or development site, and the treatment plant;
[2] 
Capacity of the spray fields, including pipe capacity to the field;
[3] 
Storage capacity of the lagoons, or effluent holding ponds; and
[4] 
Capacity of the treatment plant.
(2) 
Method of calculating capacities. For each element in the system, the available capacity will be computed according to the following formula:
Q = Y - (X + Z)
Where
Q = Available capacity of the element
Y = Design capacity of the element, or capacities authorized by the appropriate jurisdiction
X = Current usage, measured as average flows
Z = Approved usage per building permits issued or final development approved, but not yet built or in usage. Does not include preliminary development approvals
(3) 
Data for determining sewer flow demand. The data summarized in Tables B and C, or alternate factors documented by the applicant and acceptable to the Planning Commission, shall be utilized by the applicant in projecting additional sewerage generated by the development:
TABLE B
Residential Water and Sewer Demand by Type
and Size of Housing Unit
Housing Type/Size
Number of Residents
Residential Water Demand*
(daily)
Sewer Flow**
(daily)
Peak Sewer Flow***
(daily)
Single-Family Detached
2-bedroom
2.13
215
160
640
3-bedroom
3.21
320
240
960
4-bedroom
3.93
395
295
1,180
5-bedroom
4.73
475
355
1,420
Garden Apartment
1-bedroom
1.57
120
120
480
2-bedroom
2.33
175
175
700
3-bedroom
3.56
270
270
1,080
Townhouse
1-bedroom
1.69
125
125
500
2-bedroom
2.02
150
150
600
3-bedroom
2.83
210
210
840
4-bedroom
3.67
275
275
1,100
High-Rise
Studio
1.07
80
80
320
1-bedroom
1.34
100
100
400
2-bedroom
2.14
160
160
640
Mobile Home
1-bedroom
1.73
130
130
500
2-bedroom
2.01
150
150
600
3-bedroom
3.47
260
260
1,040
NOTES:
*Based on 100 gallons per day (gpd) per resident for single-family, 75 gpd for other units (rounded).
**Based on 75 gpd per resident for all units (rounded).
***Based on four times daily sewer flow (rounded).
Source (population): U.S. Census Public Use File (units built 1975-1980 and monitored by 1980 Census.)
TABLE C
NONRESIDENTIAL WATER DEMAND
Nonresidential Use Expected Water Consumption
Commercial Institutional
Parameter
Gallons/Day Per Parameter
Peak Hour
Office building
Square foot
0.093
0.521
Medical office
Square foot
0.618
4.970
Retail
Square foot
0.106
0.271
Hotel
Square foot
0.256
0.433
Motel
Square foot
0.224
1.550
Restaurant
Seat
24.200
167.000
Drive-in restaurant
Car stall
100.000
547.000
School, elementary
Student
3.830
37.400
School, high
Student
8.020
79.900
Service station
Inside sq. ft.
0.251
4.890
Theater
Seat
3.530
3.330
Source: Michael Greenberg, et al., "A Primer on Industrial Environmental Impact" (New Brunswick, N.J.: Center for Urban Policy Research, 1979).
(4) 
Sewer impact standard. The available capacity for all elements of the sewer system shall be sufficient to service the projected demand of the proposed development. If insufficient capacity exists the project shall not be approved until mitigation measures are established and approved by the Planning Board which will increase the system's capacity.
(5) 
Documentation to be submitted by the applicant. All projects that will require sewer services shall submit with their preliminary application a sewer impact evaluation analysis containing the capacity and demand data, description of plans to tie into existing sewer facilities, including the status of efforts to have such tie-ins approved by the City. If insufficient capacities exist, the report shall discuss what mitigation measures will be implemented to increase the capacities to meet anticipated demands.
(6) 
Potable water impact evaluation purpose and scope.
(a) 
The purpose of the potable water impact evaluation is to ensure that all elements of the potable water supply system servicing the proposed development have sufficient capacity to furnish the additional water that will be required by the development. All applicants that will require potable water shall submit with their application information estimating water usage required by the development as well as the capacity of each element of the water supply system.
(b) 
The capacity analysis shall include information documenting the capacities for each of the following elements, as furnished and verified by the appropriate jurisdiction responsible for the element:
[1] 
Capacity of the water pipe for the entire network between the property or development site, and the well on storage facility.
[2] 
Resource capacity of the aquifer, and status of saltwater intrusion in area of wells.
[3] 
Storage capacity of water tanks and water pressure capacity.
(7) 
Method of calculating capacities.
(a) 
Capacity of the water pipe and storage capacity shall be determined by the same formula used for calculating sewer capacities, per § 30-46C(2).
(b) 
The resource capacity of the aquifer and status of saltwater intrusion shall be subject to approval and determination by the New Jersey Department of Environmental Protection.
(c) 
The storage capacity of water tanks capacity shall be determined by the same formula used for calculating sewer capacities, per § 30-46C(2). Water pressure capacity shall meet the requirements for fire-fighting protection.
(8) 
Data for determining potable water demand. The data summarized in Tables B and C, or alternate factors documented by the applicant and acceptable to the Planning Board, shall be utilized by the applicant in projecting potable water demand.
(9) 
Potable water impact standard. The available capacity of all elements of the water system shall be sufficient to service the projected demand of the proposed development. If insufficient capacity exists the project shall not be approved until mitigation measures are established and approved by the Planning Board which will increase the systems capacity.
(10) 
Documentation to be submitted by the applicant. All projects that will require potable water shall submit with their application a water impact evaluation analysis containing the capacity and demand data and analysis of any issues related to groundwater protection. The report shall discuss, as necessary, what mitigation measures will be implemented to increase capacities or resolve other water quality issues.
D. 
Public services and schools.
(1) 
Public services impact evaluation purpose and scope.
(a) 
The purpose of the public services impact evaluation is to enable the City to anticipate the need for additional public services that will be required by new development and prepare or coordinate for any increased service requirements.
(b) 
All applicants proposing development involving 25 dwelling units or more, or nonresidential development (commercial, industrial, institutional or recreational uses) that involves a building or buildings with 50,000 square feet of space or greater, shall submit with their preliminary application information indicating the public services that will be required by their development, including police, fire protection, health, administrative, or other services. An estimate of revenues to the City generated by the development shall be included.
[Amended 10-17-2006 by Ord. No. 33-2006]
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(2), Public services impact standards, was repealed 10-17-2006 by Ord. No. 33-2006.
(3) 
Documentation to be submitted by the applicant. Applicants proposing development at the magnitude, defined in § 30-46A(1) shall submit with their preliminary application the following:
(a) 
Estimated population and/or number of employees added by the project;
(b) 
Description of public services that will be required;
(c) 
Description, if applicable, of services that will be provided through private auspices; and
(d) 
Estimated annual revenues and costs to be generated to the City based upon current tax programs and tax rates.
(4) 
Schools impact evaluation purpose and scope.
(a) 
The purpose of the schools impact evaluation is to assess the impact of all residential development on the local public schools and enable the long-range planning for school facilities, operating programs and services that may be required as a result of added school population.
(b) 
All applicants proposing residential development shall comply with the schools impact evaluation requirements.
(5) 
Schools impact standards. Applicants are requested to analyze the existing capacity of public school facilities to adequately serve the distribution and number of school-aged children projected from the new development. Applicants should utilize all available data on existing school capacity furnished by the Millville Board of Education as well as available information on proposed renovations, expansions, or new construction by the Board of Education. If insufficient classroom space exists to accommodate the project’s projected added enrollment, the applicant shall make recommendations for mitigation measures.
[Amended 10-17-2006 by Ord. No. 33-2006]
(6) 
Documentation to be submitted by the applicant. Applicants proposing residential development shall submit with their preliminary application the following:
(a) 
Estimate school-age and preschool-age children likely to reside in the housing. A substantiated estimate of the percentage of the school-age population likely to attend private schools may be included. Applicants must use the most recent edition of the Urban Land Institute/Center for Urban Policy Research (Rutgers) multiplier tables in order to project the number and distribution of school-age and preschool-age children.
[Amended 10-17-2006 by Ord. No. 33-2006]
(b) 
The development's location in relation to existing busing routes.
(c) 
The current available school capacities.
E. 
Environmental impact. Environmental impact statements shall include the information contained within this subsection.
[Added 3-7-2006 by Ord. No. 8-2006]
(1) 
Submission of an environmental impact statement shall be made in accordance with the following requirements:
(a) 
All agricultural operations conducted in accordance with a plan approved by the soil conservation district and all forestry management operations conducted in accordance with a plan prepared by a professional forester shall be exempt from the submission of an environmental impact statement.
(b) 
Any variance application to the Zoning Board of Adjustment not involving a site plan or subdivision application shall not require an environmental impact statement unless specifically requested by the Board. The Board may request an environmental impact statement where there exist significant critical areas or suspected environmental hazard on the site in question. The Zoning Board of Adjustment or its designee shall inform the applicant regarding the scope of the information that may be required.
(c) 
Any minor subdivision and/or minor site plan applications to the Planning Board or Zoning Board of Adjustment shall not require an environmental impact statement unless specifically requested by the Board. The Board may request an environmental impact statement where there exist significant critical areas or suspected environmental hazard on the site in question. The Board or its designee shall inform the applicant regarding any information that may be required.
(d) 
All general development plan submissions shall be accompanied by an environmental impact statement.
(e) 
All preliminary major subdivision and preliminary major site plan applications shall be accompanied by an environmental impact statement when proposed development exceeds 50 housing units or 100,000 square feet of nonresidential building.
(f) 
Notwithstanding the categories of development that are excluded from the requirement to submit an environmental impact statement, the Board of Jurisdiction may require the submission of information that otherwise would be included in the document that is reasonably necessary in order to make an informed decision.
(2) 
Submission format. When an environmental impact statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. All applicable material on file in the Millville Engineering Department pertinent to local conditions may be consulted. Any additional material pertinent to the evaluation of regional impacts shall also be considered. Furthermore, as much original research as necessary shall be conducted to develop the environmental impact statement. All environmental impact statements shall consist of written and graphic materials which clearly present the required information addressing the following areas and utilizing the following format:
(a) 
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, method of construction and the uses intended.
(b) 
Demographics. The resident population, working population, and visitor population shall be estimated.
(c) 
Master Plan compatibility. The compatibility or incompatibility of the proposed project shall be described in relation to the Millville Master Plan, the municipal master plan of an adjacent municipality within 200 feet of the proposed project, and any relevant portion of the Cumberland County Master Plan and the State Development and Redevelopment Plan.
(d) 
Soils. A description of each soil type located on the site from the USDA National Resources Conservation Service or county Soil Conservation Service. Limitations for development shall be identified.
(e) 
Topography. Describe the topographic conditions of the site, with specific delineation of any lands with slopes exceeding 10%.
(f) 
Geology. When septic effluent disposal or private well is proposed, whether individual or community, a description of the underlying geologic formations to a depth of the impact shall be provided.
(g) 
Vegetation. A description of the existing vegetation on the site shall be provided using the categories in the Vegetative Cover Map of the Conservation Plan Element of the Millville Master Plan. A delineation of the tree line, where existing, shall be depicted. Where woodlands are delineated, the forest type shall be indicated. Any vegetation utilized by endangered or threatened species shall be identified.
(h) 
Wildlife. Where the Endangered and Threatened Species Map of the Conservation Element indicated that a site contains federal and/or state endangered or threatened species, a survey of the land for such species and an assessment of critical habitat shall be performed as part of the environmental impact statement. If critical habitat is found, the applicant shall submit a habitat protection plan by a qualified scientist indicating the means by which the proposed development shall be designed to avoid degradation of the habitat and/or mitigation measures to be undertaken.
(i) 
Surface water. When the natural drainage pattern will be significantly altered, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of the receiving waters. Floodplains and wetlands shall be delineated and anticipated transition buffers depicted.
(j) 
Subsurface water. Where private or community wells are proposed, a description of subsurface water conditions shall be provided on the depth to groundwater and the water supply capabilities of the site. Where existing conditions warrant, detailed information regarding existing wells within 500 feet of the site relative to depth, capacity and water quality shall be described.
(k) 
Cultural resources. A Stage 1A cultural resources survey shall be undertaken pursuant to the State of New Jersey Executive Order No. 53, as it may be amended or superseded. A Stage 1B cultural resource survey shall be conducted should the Stage 1A review provide any indication of the presence of cultural resources.
(l) 
Historic resources. The historic resources that would be affected by the proposed development shall be discussed if the site is included within the Historic Preservation Element of the Master Plan as an identified site.
(m) 
Existing development features. A description of any existing improvements shall be provided.
(n) 
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.
(3) 
Environmental performance controls. Describe in detail the measures to be employed during the construction and operation phases which will minimize or eliminate negative impacts on and off site that could result from the proposed project. Of specific interest if applicable are:
(a) 
Sewage disposal techniques;
(b) 
Water conservation proposals;
(c) 
Energy conservation measures; and
(d) 
Noise reduction techniques.
(4) 
Impact assessment. The anticipated impact both positive and negative shall be assessed by the preparer. Negative impacts that are unavoidable shall be identified. The impact assessment shall address the following, if applicable:
(a) 
Flooding and floodplain impact.
(b) 
Impact on surface water and groundwater quality.
(c) 
Impact on the capacity to supply groundwater.
(d) 
Sewage disposal impacts.
(e) 
Alteration to existing vegetation and its impact on wildlife and wildlife habitats.
(f) 
Destruction or disturbance of cultural resources.
(g) 
Noise level impacts, both during construction and postoccupancy.
(h) 
Energy utilization.
(i) 
Blighting or improving effects on neighborhoods.
(j) 
Alternatives. Alternatives to the arrangement of the proposed development shall be discussed. The Board of Jurisdiction shall reserve the right to require alternative arrangements of land, buildings, and infrastructure to determine a design of lesser impact.
(k) 
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 not be limited to, approvals required by the municipality, as well as agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
(l) 
Documentation. All publications, file reports, manuscripts or other written sources of information related to the project, the project site and the municipality which were consulted and employed in compilation of the environmental impact statement shall be listed. A list of all agencies and individuals from whom pertinent information was obtained orally or by written communication shall be listed separately.
A. 
Every application for development submitted to a municipal agency shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property for which any subdivision, site plan, or planned development application is made.
B. 
Every application for a variance from a zoning ordinance submitted to a municipal agency shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of the application for a variance or conditional use permit.
A notice of hearing on an application for development 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 Municipal Tax Assessor's office. It shall also include the location and times at which any maps or documents for which approvals are sought are available pursuant to N.J.S.A. 40:55D-10.
The notices required by this section shall be given by the applicant at least 10 days prior to the date of the hearing on the application for development.
A. 
Public notice of a hearing on an application for development shall be given for all requests for site plan approval and subdivision approval from the municipal agency. Public notice shall be given by publication in the official newspaper of the municipality.
B. 
The notice of a hearing on an application for development, requiring public notice as set forth above, shall be given by personal service or certified mail to the owners of all real property as shown on the current tax duplicates located within 200 feet in all directions of the property which is the subject of the hearing as set forth in N.J.S.A. 40:55D-12.
C. 
Upon the written request of an applicant and within seven days, the Tax Assessor of the City shall make and certify a list from the current tax duplicates of the names and addresses of owners to whom the applicant is required to give notice pursuant to this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
D. 
The notice of the hearing on the application for development shall be given by personal service or certified mail to the Clerk of a municipality where the property is located within 200 feet of an adjoining municipality.
E. 
The notice of the hearing on the application for development shall be given by personal service or certified mail to the County Planning Board where the property is adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or is located within 200 feet of a municipal boundary.
F. 
The notice of the hearing on the application for development shall be given by personal service or certified mail to the Commissioner of Transportation where the property is adjacent to a state highway.
G. 
The notice of the hearing on the application for development shall be given by personal service or certified mail to the State Planning Commission where the property exceeds 150 acres or the application involves 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10.
H. 
The notice of the hearing on the application for approval of a major subdivision or a major site plan shall be given by personal service or certified mail to a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which is registered with the municipality as required by the Municipal Land Use Law.
I. 
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
The hearings required by this article shall be held in accordance with the provisions of § 30-8 of this chapter and the administrative procedures adopted by the municipal agency holding the hearing.
Each application for subdivision approval, where required by N.J.S.A. 40:27-6.3, and each application for site plan approval, where required pursuant to N.J.S.A. 40:27-6.6, shall be submitted by the applicant to the County Planning Board for review or approval, and the municipal agency holding a hearing on such application shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
A. 
The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the administrative officer or within such further time as may be consented to by the applicant.
B. 
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to Article VI of this chapter. The time period for action by the Planning Board on conditional uses pursuant to this section shall apply to the site plan review.
C. 
Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on the request of the applicant.
A. 
The Planning Board may waive notice and public hearing on an application for development if the Planning Board or Site Plan Subcommittee of the Board appointed by the Chairman finds that the application for development conforms to the definition of a minor site plan. Minor site plan approval shall be deemed to be final approval of the site plan by the Planning Board, provided that the Board or said Subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to the Municipal Land Use Law.
B. 
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor site plan approval.
C. 
Whenever review or approval of the application by the County Planning Board is required, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
D. 
The zoning requirements and general terms and conditions upon which minor site plan approval was granted, whether conditional or otherwise, shall not be changed for a period of two years after the date of minor site plan approval. The Planning Board shall grant an extension of this period 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 approvals. A developer shall apply for this extension before: what would otherwise be the expiration date or the 91st day after the date on which the developer received the last of the legally required approvals from the other governmental entities, whichever occurs later.
A. 
The Planning Board may waive notice of public hearing on an application for development if the Planning Board or Subdivision Subcommittee of the Board appointed by the Chairman finds that the application for development conforms to the definition of a minor subdivision pursuant to this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Planning Board, provided that the Board or said Subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to the Municipal Land Use Law.
B. 
Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued upon request of the applicant.
C. 
Whenever review or approval of the application by the County Planning Board is required, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
A. 
Upon the submission to the administrative officer of a completed application for a site plan which involves 10 acres of land or less, and 10 dwelling units or less, the Planning 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. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
B. 
Upon the submission to the administrative officer of a completed application for a site plan which involves more than 10 acres, or more than 10 dwelling units, 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 of the site plan.
C. 
Upon the submission to the administrative officer of a completed application for a subdivision of 10 or fewer lots, the Planning 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. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision.
D. 
Upon submission to the administrative officer of a completed application for a subdivision of more than 10 lots, 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 to the subdivision.
Preliminary approval of a major subdivision or of a site plan shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
A. 
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 curbs, sidewalks and streets; lot size; yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the City from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
B. 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section of the preliminary subdivision plat or site plan, as the case may be.
C. 
That the applicant may apply for and the Planning 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 shall govern.
D. 
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to above in this section for such period of time, longer than three years, that shall be determined by the Planning Board to be reasonable taking into consideration the factors set forth in N.J.S.A. 40:55D-49d.
A. 
When acting upon applications for preliminary or minor subdivision approval, the Planning Board shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval contained in this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B. 
When acting upon applications for preliminary site plan approval or minor site plan approval, the Planning Board shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval contained in this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board shall apply, whether it be for conditional use, site plan or subdivision approval. Whenever approval of a conditional use is requested by the developer pursuant to this section, the notice of the hearing on the plat shall include reference to the request for such conditional use.
A. 
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval, and the standards prescribed by the Map Filing Law in the case of a major subdivision.
B. 
In the case of a planned unit development, planned unit residential development or residential cluster, the Planning Board may permit minimal deviations from the conditions of preliminary approval necessitated by a 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.
C. 
Final approval shall be granted or denied within 45 days after the submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate from the administrative officer as to the failure of the Planning Board to act shall be issued on the request of the applicant.
A. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this chapter, 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. However, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54.
B. 
If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required in the case of a subdivision, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. The granting of final approval terminates the time period of preliminary approval.
C. 
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres of more or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to above of this section for such period of time longer than two years as shall be determined by the Planning Board to be reasonable taking into consideration the factors set forth in N.J.S.A. 40:55D-52.
D. 
The Planning 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 the 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.
[Amended 4-19-2022 by Ord. No. 18-2022]
A. 
Before recording final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the City Planning/Zoning Board may require and shall accept, in accordance with the standards adopted herein, for the purpose of assuring the installation and maintenance of certain on-tract improvements, the following:
(1) 
The developer shall furnish a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Municipal Engineer, according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J. S. A. 40:55D-53.4), for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.; repealed by Section 2 of P.L. 2011, c. 217), or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The Municipal Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
(2) 
The developer shall furnish a performance guarantee to include, within an approved phase or section of a development, privately owned perimeter buffer landscaping, as required by local ordinance or imposed as a condition of approval. At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.
(3) 
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the municipality in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to § 30-62A(1), which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Municipal Engineer. At no time may a municipality hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Municipal Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(4) 
Safety and stabilization guarantee.
(a) 
A developer shall furnish to the municipality a safety and stabilization guarantee in favor of the municipality. At the developer's option, a safety and stabilization guarantee may be furnished either as a separate guarantee or as a line item of the performance guarantee. A safety and stabilization guarantee shall be available to the municipality solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
[1] 
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and
[2] 
Work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality's intent to claim payment under the guarantee. The municipality shall not provide notice of its intent to claim payment under a safety and stabilization guarantee until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The municipality shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.
(b) 
The amount of a safety and stabilization guarantee for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
(c) 
The amount of a safety and stabilization guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows:
[1] 
Five thousand dollars for the first $100,000 of bonded improvement costs; plus
[2] 
Two and one-half percent of bonded improvement costs in excess of $100,000 up to $1,000,000; plus
[3] 
One percent of bonded improvement costs in excess of $1,000,000.
(d) 
The municipality shall release a separate safety and stabilization guarantee to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this subsection.
(e) 
The municipality shall release a safety and stabilization guarantee upon the Municipal Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
B. 
The developer shall post with the municipality, prior to the release of a performance guarantee required pursuant to § 30-62A(1), (2), or both subsections and § 30-62B, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(1) 
The developer shall post with the municipality, upon the inspection and issuance of final approval of the following private site improvements by the Municipal Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(2) 
The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
C. 
In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the municipality for such utilities or improvements.
(1) 
The time allowed for installation of the bonded improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), as of the time of the passage of the resolution.
(2) 
If the required bonded improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may, either prior to or after the receipt of the proceeds thereof, complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
(3) 
Incomplete or unsatisfactory improvements.
(a) 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 30-62A(1), a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all bonded improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(b) 
The list prepared by the Municipal Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each bonded improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 30-62A(1).
(4) 
Approval or rejection by governing body.
(a) 
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 30-62A(1). This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
(b) 
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 30-62A(1), including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of all bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.
(c) 
If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to § 30-62C(3) within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(d) 
If the governing body fails to approve or reject the bonded improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to§ 30-62A(1), and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(e) 
In the event that the obligor has made a cash deposit with the municipality or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee, provided that if the developer has furnished a safety and stabilization guarantee, the municipality may retain cash equal to the amount of the remaining safety and stabilization guarantee.
(5) 
If any portion of the required bonded improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this subsection, shall be followed.
(6) 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Municipal Engineer.
(7) 
In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
(8) 
To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to § 30-62A(1) of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Municipal Engineer.
(9) 
If the property or any part of same is sold or otherwise conveyed to a successor developer prior to the completion and acceptance of all improvements, an assignment of developer's agreement, and new performance, maintenance and all other guarantees, shall be required from the new owner or successor developer. Upon the transfer of ownership of property that is the subject of a construction permit, and prior to beginning or continuing work authorized by the construction permit, the new owner or successor developer shall file with the Building Department an application for a permit update to notify the Building Department of the name and address of the new owner or successor developer and of all other changes to information previously submitted to the Building Department. The Building Department shall not approve the application for a permit update until it receives notification from the governing body or its designee that the new owner or successor developer has furnished adequate replacement performance, maintenance or other guarantees and assignment of developer's agreement.
The City shall not require that a maintenance guarantee be in cash or that more than 10% of a performance guarantee be in cash. However, a developer may provide at its option some or all of a maintenance guarantee in cash or more than 10% of a performance guarantee in cash. If cash guarantees are deposited with the City, they shall be deposited and administered in accordance with the requirements of N.J.S.A. 40:55D-53.1 of the Municipal Land Use Law.
A. 
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 developer with the County Recording Officer. The Planning Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat. The Planning Board may extend these time periods if the developer proves to the reasonable satisfaction of the Planning Board the factors set forth in N.J.S.A. 40:55D-54.
B. 
A subdivision plat which has been approved by the Planning Board must have the signature of the Chairman and Secretary of the Planning Board appear on the instrument or a certificate must be issued before the subdivision plat can be recorded by the County Recording Officer. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed to the instrument until the developer has posted the guarantees required by this article.