[Amended 12-14-1981 by Ord. No. 21-81; 11-9-1987 by Ord. No.
15-87; 2-8-1993 by Ord. No. 3-93; 2-27-1995 by Ord. No. 4-95; 3-12-2007 by Ord. No. 07-01; 3-11-2013 by Ord. No. 13-04[1]]
[1]
Editor's Note: This ordinance also revised and added various provisions from former §§ 165-160, Notice of decision, as amended, and 165-161, Jurisdiction of responsibility during development application review, as amended, to §§ 165-158 and 165-159; said ordinance also relocated § 165-160 from Art. XIX to Art. XX.
A.
Subdivision review. All subdivisions, as defined under § 165-10, are subject to the review procedures specified in this chapter.
B.
Site plan review required. No construction permit shall be issued
for any change of permitted use as defined in this chapter, or for
any construction of a structure or additional parking spaces at residential,
business, or industrial properties, or for the addition of driveways
and/or paving at commercial business or industrial properties, until
a site plan has been reviewed and approved by the Planning Board or
Zoning Board of Adjustment, as the case may be.
C.
Site plan review is not required or may be waived as follows:
(1)
Board approval of a site plan shall not be necessary for a detached
single-family or two-family dwelling unit used solely for residential
purposes and its accessory building(s) on a single lot;
(2)
The Borough Zoning Official may waive the review of a site plan when the application is limited to the construction or modification of signs for an existing use and where such signs meet the requirements of Article XIII of this chapter;
(4)
The Borough Zoning Official may waive the review of a site plan
if the construction is for a permitted use, is of no more than 100
square feet of additional floor area and/or the construction of no
more than two additional parking spaces.
[Amended 5-13-2024 by Ord. No. 24-03]
D.
Final approvals. All applications that have received preliminary approval from the appropriate Board shall be required to seek and obtain final Board approval within the time set forth under the Municipal Land Use Law. Filing requirements for such applications for development seeking final approvals are set forth under §§ 165-161C and 165-162C.
E.
Concept plan review. Review of a conceptual sketch or plan of a proposed
subdivision or site plan is not required but is strongly recommended.
The submission of a concept plan affords the applicant the opportunity
to discuss the proposal in its formative stages and receive the nonbinding
advice of the Planning Board, Zoning Board of Adjustment, or an authorized
subcommittee of either Board, as the case may be. A concept plan may
be submitted to the Zoning Board of Adjustment or an authorized subcommittee
of the Zoning Board only as part of a use variance application. Procedures
for submission for a concept review are as follows:
(1)
An applicant seeking a review of a concept plan shall submit an application for review, plans or drawings depicting the concept, duplicate copies of documents as required by the Borough Zoning Official or his/her designee, and the required fees and escrows in accordance with § 165-166 of this chapter. Checklist C must also be submitted for a review of a concept plan.
(2)
At the direction of the Zoning Official additional copies of
the submission may be forwarded to other committees, individuals,
offices, and/or agencies for review and comment. In those instances
where an application for site plan, subdivision, or use variance is
being reviewed by the Zoning Board of Adjustment, the Zoning Official
shall forward a copy of same to the Planning Board for its information
and comment.
(3)
Details required in a concept plan and submissions are as follows:
(a)
The submitted sketch shall be based on Tax Map information or
some other similarly accurate base and shall be neatly and accurately
drawn. The following information shall be included unless waived by
the Board as unnecessary to arrive at an informed decision;
(b)
Title block, including the name of the subdivision or development,
municipality and county and the name, address, and telephone number
of the subdivider or developer;
(c)
Scale and North arrow;
(d)
Date of original preparation and of each subsequent revision
thereof, and name of preparer;
(e)
Existing block and lot number(s) of the lot(s) to be subdivided
or developed, as they appear on the Borough Tax Map;
(f)
Subdivision or development boundary line delineated;
(g)
The location of existing and proposed lines, streets, buildings
(with an indication as to whether existing buildings will be retained
or removed), parking spaces, loading areas, driveways, proposed buffer
and landscaped areas, watercourses, railroads, bridges, culverts,
drain pipes, steep slopes in excess of 15%, and any natural features
such as wetlands and treed areas, both within the tract and within
200 feet of its boundary;
(h)
The approximate location and approximate width of all existing
and proposed utility or other easements;
(i)
Protective covenants or deed restrictions that may affect the
proposed subdivision or development;
(j)
Such other items as the Zoning Official may determine are necessary
for adequate review of the concept by the appropriate Board.
(4)
At the applicant's request, the Planning Board or Zoning Board
of Adjustment, as the case may be, may hear and review a concept plan
submission at a regularly scheduled meeting and give the applicant
an opportunity to briefly present the concept plan. No notice is required
for such hearing and no expert testimony is required. The Planning
Board or Zoning Board of Adjustment, as the case may be, may give
suggestions and recommendations to the applicant for consideration.
No binding determinations or decisions shall be rendered, and no resolution
shall result from a review of a concept plan.
A.
General requirements. The following provisions apply to all applications
for development, whether pending before the Borough Planning Board
or the Borough Zoning Board of Adjustment.
(1)
Checklists. Every application for development shall be accompanied
by the appropriate checklist(s). The following checklists are made
a part of this chapter, and are incorporated as Attachment 3 to this
chapter:[1]
(a)
Checklist A: General Requirements for All Applications For Development.
(b)
Checklist B: "C" Variances for Decks and Fences on Single-Family
and Two-Family Residential Properties.
(c)
Checklist C: Plan Requirements for All Applications for Development
Conceptual Site Plan and/or Subdivision Review Preliminary Site Plan
or Subdivision Approval and All Variances (Not Covered in Checklist
B).
(d)
Checklist D: Requirements for Final Site Plan and/or Final Minor
or Major Subdivision Use with Request for Waiver of Site Plan Before
Borough Planning Board.
(e)
Checklist E: Application for Change of Permitted Use with Request
for Waiver of Site Plan Before Planning Board.
(f)
Checklist F: Request for Interpretation of Borough Ordinance
or Appeal from Decision of Borough Official Before Zoning Board of
Adjustment.
[1]
Editor's Note: The checklists are on file in the Borough offices.
(2)
Every initial filing of an application for development shall minimally
provide the following documents and submissions: complete application;
applicable checklist(s); landowner consents; survey and site photographs
showing existing conditions; plans and maps describing and depicting
the proposed development and approvals sought; environmental, wetlands,
stormwater management, traffic, and parking studies; any prior approvals
issued by the Borough Zoning Board of Adjustment or the Borough Planning
Board, and proof of payment of municipal charges, fees, and escrows.
(3)
Payment of municipal fees. Every initial filing of an application
for development shall be accompanied by proof that no taxes, assessments
for local improvements, water charges, sewer fees, or any other municipal
fees, are due or delinquent with regard to the property which is the
subject of the application.
(4)
If any required document or submission is not filed with the
initial filing, a written checklist waiver request shall be submitted
to address the absence of the document or submission and the reasons
for each request for checklist waiver.
(5)
All parts of the application shall be readable and legible,
or such part shall be rejected and required to be refiled.
(6)
Failure to provide any of the above submissions shall result
in the application being deemed incomplete and require refiling.
B.
Submission requirements. The following are submissions required for all applications for development as defined in § 165-10, whether pending before the Borough Planning Board or the Borough Zoning Board of Adjustment:
(1)
Complete application for development with completed checklist(s)
as applicable;
(2)
Payment of all required application fees and escrows;
(3)
Any prior resolutions or approvals issued by the Borough Zoning
Board of Adjustment or the Borough Planning Board;
(4)
Letters, statements, and/or reports from the Borough Shade Tree
Commission, Historic Preservation Commission, Environmental Commission,
and Sign Committee, as applicable;
(5)
List of approvals and references required to be obtained from
other governmental agencies;
C.
Requirements for final approvals. An application for development
seeking final approvals shall be accompanied by the following documents:
(1)
Application and Checklist D and required documents listed therein;
(2)
Board Administrative Secretary's list of all applicable application filing fees and escrows and payment of same, pursuant to § 165-166;
(3)
Certification from the Tax Collector that all taxes and assessments
are paid to date;
(4)
Certificate of consent signed by all property owners consenting
to the filing of the application for development;
(5)
All prior resolutions of approval regarding the subject property
issued by the Borough Planning Board or the Borough Zoning Board of
Adjustment;
(6)
List of all other governmental approvals obtained to date, and
copies of all permits, approvals, and exemptions for each governmental
unit;
(7)
Written narrative and other documents explaining any changes
to the plans or the application that are different than what was approved
in the Board's preliminary approval, and certifying that no new variances
have been created by any change to the preliminary plans and approvals.
(8)
A statement from the Borough Engineer that he is in receipt
of a map showing all utilities in exact location and elevation, that
he/she has examined the drainage plan and found that the interests
of the Borough and of neighboring properties are adequately protected,
and that he/she has identified those portions of any utilities already
installed and those to be installed;
(9)
A statement from the Borough Engineer that all improvements installed prior to application have been inspected as provided in § 165-167 of this chapter, and that such improvements meet the requirements of the Borough. Any improvements installed prior to application for final approval that do not meet or exceed Borough standards shall be factored into the required performance guarantee;
(10)
The applicant shall certify in writing to the Board that he/she has installed all improvements in accordance with the requirements of this chapter and/or that he/she has posted a performance guarantee in accordance with § 165-167 of this chapter;
(13)
All recorded document or maps as required under the Board's
preliminary approval;
(14)
Any document or other item required under the Board's preliminary
approval; and
(15)
Such other submissions as may be necessary for the applicable
Board to render final decision.
A.
General contents of plans. Plans shall meet or contain the following
general requirements:
(1)
All plans shall be neatly and accurately drawn, each plan page
shall be consecutively numbered, and each plan page shall contain
a descriptive label;
(2)
An identification block showing the project name, the name and
address of applicant, the street address and the existing and proposed
Borough tax block and lot numbers for each property (such lot numbers
having been preliminarily approved by the Borough Tax Assessor);
(3)
Plans shall be drawn and certified in accordance with New Jersey
Administrative Code (N.J.A.C.) 13:40-7 and 13:41-4, by a licensed
professional engineer, architect, land surveyor and/or landscape architect,
and shall bear the signature, seal, license number, and address of
the person certifying the plan, and the original date of preparation
of each plan page, and the date(s) of any revisions to each plan page;
(4)
Architectural, patio, and deck drawings may be prepared by the
applicant and/or the applicant's designee, and shall bear the signature
and address of the applicant, a descriptive label of each plan page,
the date of preparation, and the date(s) of any revisions;
(5)
Each submission shall be on one of three of the following standard
sheet sizes: eight inches by 13 inches, 15 inches by 21 inches, or
24 inches by 36 inches. If one sheet is not sufficient to contain
the entire territory, the map may be divided into separate sheets,
with reference on each sheet to the adjoining sheets;
(6)
Each submission, other than a key map, shall be prepared using
a minimum of scale of one inch equals 30 feet for a tract up to one
acre in size; or one inch equals 50 feet for a tract between one and
40 acres in size; or one inch equals 100 feet for a tract between
40 and 150 acres in size; or one inch equals 200 feet for a tract
of 150 acres or more;
(7)
A key map on the first page of plans, showing the entire tract
and its relation to the surrounding areas, at a scale of one inch
equals not less than 2,000 feet;
(8)
A North arrow on each page;
(9)
Reference meridian;
(10)
Zoning analysis on first page of plans, containing a list of
required, existing, and proposed zoning conditions, with notations
necessary to identify how the proposed development conforms, what,
if any, variances are requested, and what, if any, waivers from design
standards are requested, for each proposed tax lot;
(11)
The applicant's submission shall show all existing and proposed
dimensions necessary to confirm conformity to this chapter's requirements,
such as allowable, existing, and proposed values for lot area, lot
frontage, lot width, lot depth, front yard setback, side yard setback,
rear yard setback, total lot coverage, lot coverage ratio, total building
coverage, building coverage ratio, floor area spaces, and floor area
ratio, and such other items as required under this chapter. The required
values shall be shown in a coverage table and a zoning table on the
site plan sheet;
(12)
The applicant's submission shall show existing and proposed
additional floor area for each floor, basement, attic, porch area,
and garage area, and proposed additional floor area for the basement
and each floor and attic. The required values shall be shown in a
coverage table and a zoning table on the site plan sheet;
(13)
A signature block on the first page of plans as required under
the Municipal Land Use Law, and the New Jersey Administrative Code,
Title 13, as follows:
|
Plan of (short descriptive of project)
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Street address
| ||
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Block Lot Tax Map No.
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Zone Scale
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Applicant name
| ||
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I CONSENT to the filing of this plan with the
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Board of the Borough of Chatham
| ||
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Landowner
|
Date signed
| |
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Name/title
| ||
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Applicant
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Date signed
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Name/title
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I HEREBY CERTIFY that I have prepared this Plan and that all
dimensions and information are correct.
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Name
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Date signed
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Title and License Number
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I HAVE REVIEWED this Plan and certify that it meets all codes
and ordinances under my jurisdiction.
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Borough Engineer
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Date signed
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To be signed after the issuance of a construction permit: I
HEREBY CERTIFY that all the required improvements have been installed
or a bond posted in compliance with all applicable codes and ordinances.
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Borough Engineer
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Date signed
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These plans have been approved by the
Board of the Borough of Chatham by Resolution entered on
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Chairman
Name
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Date signed
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Witness to Chairman's signature:
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Administrative Secretary
Name
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Date signed
| |
B.
Detailed contents of plans. Plans shall contain the following details:
(1)
Except as otherwise stated, dimensions shall be shown in feet
and inches; area values shall be shown in square footage; and ratios
shall be shown as a percentage to two decimal places;
(2)
Width, depth, and height dimensions shall be shown in feet and
inches;
(3)
Bearing and dimensions of each boundary line and the angle between
intersecting lines, shown in degrees, minutes, and seconds;
(4)
Indication of any reference corners and location and kind of
each existing and proposed permanent property monument;
(5)
Location of any zoning district boundaries within 200 feet of
the proposed development;
(6)
Location of any municipal boundaries within 200 feet of the
proposed development;
(7)
Proposed location and size (width and depth) of all principal
and accessory structures and fixtures and improvements of any kind
whatsoever, including recreational facilities, driveways and other
pathways of any kind, fences, walls, patios, decks, utility units,
and overhangs from structures;
(8)
Proposed front, side, and rear yard setbacks, and second story
overhanging setbacks, with distances shown in feet to two decimal
places;
(9)
Lot frontage, lot width, lot depth, building height, and setbacks;
(10)
Square foot area of all existing and proposed lots;
(11)
Any street or roadway access and proposed directions of travel;
(12)
The proposed location and size (width and depth) of base height,
from proposed ground elevation to top element;
(14)
The location, size, and description of any exterior lighting, with direction of illumination, power, and candlepower diagram, showing conformance with § 165-78;
(15)
Depiction of all locations, size and description of all existing
and proposed utilities;
(16)
Floor plans and gross floor areas (both total and footprint);
(17)
Facade (elevation) drawings of proposed and improved buildings;
(18)
Spot elevations (at building corners) and first floor building
elevation;
(19)
Fences and walls: locations, dimensions, materials;
(20)
Curbing, sidewalks, driveways, loading area: locations and dimensions;
(21)
Location of existing and proposed refuse storage locations,
including descriptions of structures, enclosure type and dimensions,
and volume of storage provided;
(22)
Identification of all existing and proposed public improvements,
easements, rights-of-way, and restrictions of record, with accurate
metes and bounds descriptions for same;
(23)
Depiction of any existing natural features on the property and
within 200 feet of each boundary line;
(24)
Wetlands, wetlands delineations and buffers, watercourses, conservation
areas and easements, wellheads, floodplain areas, underground tanks,
and other environmental items;
(25)
Existing and proposed stormwater management structures, dry
wells, culverts, outlets, and other details for stormwater drainage
and management;
(27)
Location of all existing and proposed loading and unloading
area(s), whether off site or on site at the subject property;
(29)
Location and species of all existing trees and groups of trees
with caliper of eight inches or more as measured three feet from ground
level;
(30)
Landscaping plan showing location and species of all proposed landscaping, including shade trees, screening, and buffer areas, in accordance with § 165-163D;
(31)
Soil erosion and sediment control plan;
(32)
Such other items as are necessary to fully depict and describe
the proposed development.
C.
Specific contents of plans for final approvals. Plans submitted for
an application for development seeking final approvals shall contain
the following specific details:
(2)
All additional plan revisions and/or details that were imposed
as conditions at the time of the Board's preliminary approval, or
imposed as a result of requirements of construction codes and permits;
(3)
A complete set of as-built plans, including depiction of all
utilities;
(4)
A signed and certified as-built survey, with permanent monuments;
(5)
Detailed architectural and engineering data including:
(a)
An architect's drawings of each building or a typical building,
showing front, side and rear elevations;
(b)
Cross sections, profiles and established grades of all streets,
aisles, lanes and driveways, as approved by the Borough Engineer;
(c)
Plans and profiles of all storm and sanitary sewers and water
mains, as approved by the Borough Engineer;
(d)
All dimensions of the exterior boundaries of any subdivision
shall be balanced and closed to a precision of one to 10,000 and the
dimensions of all lot lines to within one to 20,000. All dimensions,
angles, and bearings must be tied to at least two permanent monuments
not less than 300 feet apart and all information shall be indicated
on the plan. At least one corner of the subdivision shall be tied
to USGS benchmarks with data on the plan as to how the bearings were
determined;
(6)
Such other plan submissions and details as may be necessary
to obtain final approval of the Board.
A.
Contents of survey. Every survey submitted for an application for
development shall contain the following:
(1)
The survey shall be neatly and accurately drawn, and showing the
property lot(s) at a scale of one inch equals 30 feet;
(2)
The survey submission shall be drawn on one of three of the following
standard sheet sizes: eight inches by 13 inches, 15 inches by 21 inches,
or 24 inches by 36 inches;
(3)
The survey shall be drawn by a licensed professional engineer and/or
land surveyor and shall bear the signature, seal, license number,
and address of the person certifying the survey, and shall show the
date(s) of preparation and of any revisions. Preparation of the survey
shall include a visit to the lot to ensure that all current features
are accurately drawn;
(4)
The survey shall be dated within five years of the date of the
application for development, and shall be accompanied by a current
affidavit of no change from the property owner, stating that the survey
shows current and up-to-date existing conditions;
(5)
The survey shall contain the following details:
(a)
Location and size (width and depth) of all principal and accessory
structures and fixtures and improvements of any kind whatsoever, including
recreational facilities, driveways and other pathways of any kind,
fences, walls, patios, decks, utility units, and overhangs from structures;
(b)
A North arrow, abutting street names, the Borough tax block
and lot numbers, and the property owners;
(c)
Dimensions of all the exterior boundaries;
(d)
Boundary lines shall be balanced and closed to a precision of
one to 20,000;
(e)
Bearing of each boundary line and the angle between intersecting
lines;
(f)
Bearings shall be in degrees, minutes, and seconds;
(g)
Indication of any reference corners;
(h)
Location and kind of each permanent property monument;
(i)
Front, side, and rear yard setbacks, and second story overhanging
setbacks;
(j)
Setback distances shall be shown in feet to two decimal places.
(6)
Final as-built survey shall depict all improvements, appurtenances,
easements, access rights, and shall depict permanent monuments, if
same were required to be installed by law or under the direction of
the Borough Engineer or the approving Board.
B.
Contents of traffic impact study.
(1)
In any application for development, a traffic impact study shall
be provided when determined to be necessary by the Borough Engineer,
Borough Zoning Official, or by the applicable Board, due to specific
and/or unique site and/or roadway conditions.
(2)
A traffic study shall be prepared by a licensed professional engineer
with expertise in traffic and parking matters and shall show the name,
address, and license of the preparer, the date of preparation, and
the date(s) of any revisions. The extent of the study area and those
intersections and other areas to be analyzed will vary depending upon
the size and nature of the proposed project and the amount of traffic
to be generated.
(3)
The traffic impact study shall describe all traffic and parking impacts
that the application for development will have on surrounding roads.
It shall include the following elements:
(a)
Level of service of existing surrounding roads;
(b)
Estimated peak hourly traffic to be generated;
(c)
Assignment of estimated peak hourly traffic by percentage and
volume to surrounding roads;
(d)
Determination of unused capacity of surrounding roads during
peak hours;
(e)
Trip generation calculations based upon the ITE Trip Generation
Manual (most current edition available), including pass-by trip calculations.
If other data sources are used to project site traffic, the basis
of the trip generation must be approved by the Borough Engineer;
(f)
Recommendations for necessary road improvements, such as acceleration
and deceleration lanes and traffic control devices or signage recommended
for public roads or highways surrounding the site;
(g)
Any other information necessary for the Board to make a reasonable
judgment as to the impacts of increased traffic or parking in the
area of the proposed development.
C.
Contents of parking layout plan/parking management report.
(1)
Parking management reports shall be required for all nonresidential
and multifamily residential site plan applications that require parking
variances. In any application for development, a parking layout plan
and/or a parking management report shall be provided when required
by the Borough Engineer, Borough Zoning Official, or by the Planning
Board or Zoning Board of Adjustment, as the case may be, or as required
for conditional uses.
(2)
A parking layout plan and/or a parking management report shall be
prepared by a licensed professional engineer, planner, or surveyor
with expertise in parking. A parking layout plan shall be prepared
by a licensed professional engineer or surveyor with expertise in
parking. The plan shall show the name, address, and license of the
preparer, the date of preparation, and the date(s) of any revisions.
(3)
If an existing master parking plan has been approved for the site,
a copy of same shall be provided as part of the application for development.
(4)
A parking layout/circulation plan for shall contain the following
information:
(a)
All existing parking and traffic circulation, whether or not
existing parking area is properly striped, and changes proposed by
the application to be depicted,
(b)
Indication of number of parking spaces, dimensions of spaces,
and designation of handicapped spaces,
(c)
Description and location of traffic signage within the site
and for entry and exit of site;
(d)
Dropoff and pickup areas if necessary;
(e)
Fire and emergency zones;
(f)
Pedestrian circulation;
(g)
Loading zones if required;
(h)
Any other information necessary for the Planning Board or the
Zoning Board of Adjustment, as the case may be, to make a reasonable
judgment as to the impacts of increased parking in the area of the
proposed development.
(5)
A parking management report shall include the following:
(a)
Parking requirements as set forth in this chapter for the proposed
development, existing or new parking development proposed to be utilized
by the applicant, and existing usage of parking by others;
(b)
Analysis of parking demand based on projected employment and
specific operational parameters of the proposed use, as well as based
on ITE Parking Generation (most current edition) and/or data collected
locally for similar uses;
(c)
Analysis of available parking supplies to meet projected parking
demand for employees and customers;
(d)
Consideration of range of solutions to address parking needs,
including the purchase of parking permits in Borough lots to address
parking needs for employees.
(e)
A discussion of the site plan elements and proposed operations,
including but not limited to, sight distances, parking, circulation,
loading space, site access design and location, pedestrian elements,
and recommended traffic control measures;
(f)
Any other information necessary for the Board to make a reasonable
judgment as to the impacts of increased parking in the area of the
proposed development.
D.
Contents of landscaping plan.
(1)
In any application for development, a landscaping plan shall be provided
when determined to be necessary by the Borough Engineer, Borough Zoning
Official, or by the Planning Board or Zoning Board of Adjustment,
as the case may be.
(2)
A landscaping plan shall be prepared by a licensed professional engineer,
landscape architect, or surveyor with expertise in landscaping. The
plan shall show the name, address, and license of the preparer, the
date of preparation, and the date(s) of any revisions.
(3)
A landscaping plan shall show location and species of all proposed
landscaping, including shade trees, screening, and buffer areas, and
shall conform to and depict the following:
(a)
Buffer areas are required along all lot lines in nonresidential
districts where the lot lines abut residential uses or residential
zoning district lines, except where the lot lines coincide with an
existing railroad right-of-way. Each permitted use shall provide and
maintain attractively landscaped grounds and suitable screening in
order to safeguard the character of adjacent districts.
(b)
The buffer areas shall have a minimum width of 15 feet. Buffer
areas shall be measured horizontally and at right angles to either
a straight line or to the tangent lines of curbed lot lines. Buffer
areas shall be maintained and kept clear of all debris, rubbish, weeds,
and tall grass. No above-surface structure or activity, no storage
of materials, and no parking of vehicles shall be permitted in the
buffer area. All buffer areas shall be planted and maintained with
grass or ground cover, together with a dense screen of trees, shrubs,
or other plant materials meeting the following requirements:
[1]
The plants used in the buffer area shall be hemlock, Austrian
pine, or white pine, be of high-quality nursery stock, and be free
of insects and disease. The plants shall be at least six feet in height
when planted and shall be of such a density to provide a visual screen
along the entire length of the buffer area between the nonresidential
use(s) and the abutting residential use(s) and/or district(s);
[2]
In addition to the plants, a six-foot screening fence, such
as a close-split cedar pole or basket-weave fence, may also be required;
[3]
When plants are used in conjunction with a screening fence,
the plants shall be planted in a single row. When a screening fence
is not required, the plants shall be planted in two staggered rows;
[4]
All landscaping and buffer areas shall be permanently maintained
and plant material which does not live shall be replaced within one
year or one growing season;
[5]
The buffer area shall not be broken unless specifically approved
by the Planning Board or Zoning Board of Adjustment, as the case may
be;
(c)
Such elements as may be required under § 165-14G(a)
for steep slope re-vegetation and land disturbance;
(d)
Such other elements as shall be necessary as determined by the
Borough Zoning Official, or the applicable Board.
A.
A review to determine if a filing is complete as defined in § 165-10 shall be conducted as follows:
(1)
Within 45 days after initial submission of an application for development,
applicable checklist(s) (with waivers requested), and all required
submissions, the Zoning Official or his/her designee shall review
the submission and notify the applicant in writing that the application
for development is deemed complete or incomplete. If incomplete, the
Zoning Official or his/her designee shall specify the required ordinance
and/or checklist items that are required. If the Zoning Official or
his/her designee deems the application for development a complete
application, the Administrative Secretary of the Planning Board or
Zoning Board of Adjustment, as the case may be, shall issue a certificate
of completeness and schedule the matter for public hearing(s).
(2)
If the Zoning Official or his/her designee determines that an application
is incomplete, the applicant shall be afforded the opportunity to
submit a complete application by submitting the additional items or
make a continuing request for waiver. If a supplemental submission
is made, the Zoning Official or his/her designee shall thereafter
have 45 days to review and comment on the supplemental submission,
after which the Borough Zoning Official or his/her designee shall
notify the applicant in writing that the application for development
is deemed a complete application or remains incomplete. If complete,
the Administrative Secretary of the Planning Board or Zoning Board
of Adjustment, as the case may be, shall issue a certificate of completeness.
Thereafter, the Administrative Secretary of the Planning Board or
Zoning Board of Adjustment shall schedule the matter for public hearing(s).
(3)
Within 45 days of receipt of a complete application, as confirmed
in the certificate of completeness issued to the applicant by the
Administrative Secretary of the Planning Board or Zoning Board of
Adjustment, as the case may be, the matter shall be scheduled for
hearing and the appropriate Board shall determine whether any continued
checklist waiver request shall be granted or denied, or can be met
with testimony within the substantive hearings, which waiver testimony
and substantive hearings can be held at the same time. If the Planning
Board or Zoning Board of Adjustment, as the case may be, denies a
checklist waiver request, the applicant shall be given an opportunity
to submit such additional materials as the Board has determined are
necessary. The Board may determine to allow the substantive hearing(s)
to begin and to continue same to allow for additional submission by
the applicant.
(4)
Though a prehearing application may be deemed complete, the
applicant is still required to prove before the Board that the applicant
is entitled to the requested checklist waivers and approvals. The
Board may subsequently require correction of any information or submission
of additional information as reasonably necessary to make an informed
decision.
B.
Filing of application.
(1)
At the time of the initial filing of any application for development,
the following items shall be filed by the applicant:
(a)
Sixteen copies of the application (completed);
(b)
Sixteen copies of each applicable checklist(s) (completed);
(c)
Sixteen copies of all plans, maps, surveys, and photographs;
(d)
Sixteen copies of traffic, parking, environmental, or other
reports, if applicable;
(e)
In general, four copies of all other submitted documents;
(f)
All items specified in the applicable checklist that apply to
the application submitted;
(g)
Additional copies as may be requested by the Administrative
Secretary of the Planning Board or Zoning Board of Adjustment, as
the case may be, or the Borough Zoning Official;
(2)
All parts of the application, plans, and submissions shall be legible
and readable.
