[HISTORY: Adopted by the Board of Commissioners
(now Borough Council) of the Borough of Beach Haven 7-9-1979 by Ord. No.
79-10. Amendments noted where applicable.]
This chapter shall be known as the "Borough
of Beach Haven Site Plan Ordinance."
[Amended 5-26-1981 by Ord. No. 81-5]
A.
Whenever a word or phrase used in this chapter is
defined in N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law,
such term is intended to have the meaning set forth in the definition
of such term in that statute unless a contrary intention is clearly
and explicitly expressed from the context of this chapter.
B.
APPROVING AUTHORITY
EXEMPT SITE PLAN
LAND USE PROCEDURE ORDINANCE
MINOR SITE PLAN
The following words and phrases when used herein shall
be defined as follows:
The Borough Planning Board or Board of Adjustment, when acting
pursuant to the authority of the Municipal Land Use Law, Chapter 291
of the Laws of New Jersey 1975, as amended and supplemented.
Site plan approval by the approving authority shall not be
required for development of detached, one- or two-dwelling-unit buildings
on individual lots.
Chapter 19, Part 2, of the Code of the Borough of Beach Haven, County of Ocean and State of New Jersey, entitled "Land Use Procedures," as amended and supplemented.
[1]A site plan with no more than one building with a total floor
area not in excess of 2,500 square feet, involving no more than one
parcel of ground, containing no new or altered public streets or roads
and involving no change of grades or other alterations of established
drainage patterns.
A.
Site plan approval by the approving authority is required prior to the issuance of a building permit, zoning permit or certificate of occupancy for all developments or any other activities or changes whatsoever which do not meet the definition of an exempt site plan as set forth in § 167-2 of this chapter.
[Amended 6-23-1997 by Ord. No. 97-9; 7-11-2005 by Ord. No.
2005-15]
B.
Site development plans shall be so designed to enhance
the general appearance of the Borough, to promote the harmonious use
of land, to lessen congestion in the streets, to secure safety from
fire, panic and other dangers, to promote health, morals and general
welfare, to provide adequate light and air, to prevent the overcrowding
of land and buildings and to encourage development and designs consistent
with the purpose of the Zoning and Subdivision Ordinances of the Borough.[1]
C.
The requirement for site plan approval shall not limit
the requirements for submission of an application to the approving
authority for variance or subdivision approval as otherwise required
by Borough ordinance or other applicable law.
D.
All development or other activity or change requiring
or resulting from site plan approval shall comply with the zoning
and subdivision requirements of the Borough, as well as all Borough
design and performance standards, including off-street parking requirements
and including conditions imposed by the approving authority, as shown
on the approval plat and as included in the resolution adopted by
the approving authority.
[Amended 6-23-1997 by Ord. No. 97-9]
E.
Building materials and architectural style. Particular
attention must be given to the architectural style, selection of materials,
building scale, color and texture incorporated into the overall design
of the project. Accordingly, as part of the site plan review process,
all commercial and multi-use properties, located in any zoning district,
must schedule a meeting with the Architectural Advisory Committee
(AAC). The AAC will submit a letter to the Board Engineer with their
review and recommendations prior to being submitted to the Land Use
Board for consideration. Building materials to be utilized shall be
specified on the architectural schematic plans submitted as part of
the site plan application.
[Added 2-25-1985 by Ord. No. 85-3; amended 3-11-2024 by Ord. No. 2024-4C]
B.
Filing procedure. The applicant shall file with the
Borough Clerk, 21 days prior to the next public meeting of the approving
authority:
[Amended 5-26-1981 by Ord. No. 81-5; 2-24-1986 by Ord. No.
86-3; 3-28-1988 by Ord. No. 88-6]
(1)
Twelve copies of the completed preliminary site plan.
(2)
Twelve copies of the completed application for the
Planning Board. The application shall include copies of all deed restrictions
and restrictive covenants pertaining to the property proposed to be
developed by the site plan.
(3)
A certification from the Borough Tax Collector that
no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of the application.
(4)
One copy of a list of all permits required for development
of the site plan, including a notation as to those permits which have
been applied for and/or received.
C.
The approving authority shall review the application
for its completeness and accept or reject the submission as a complete
application in accordance with the provisions of the Land Use Procedure
Ordinance.
D.
If the submission is accepted as complete, the approving
authority shall grant or deny preliminary site plan approval in accordance
with the provisions of this chapter, the Land Use Procedure Ordinance
and all other applicable laws and ordinances.
B.
Filing procedure. The applicant shall file with the
Borough Clerk at least 15 days prior to the next public meeting of
the approving authority:
(1)
One copy of a completed application for final site
plan approval.
[Amended 5-26-1981 by Ord. No. 81-5]
(2)
Twelve copies of a completed final site plan, one
of which shall consist of an original Mylar for signature by the approving
authority.
(4)
The appropriate inspection fee as determined by the Borough Engineer in accordance with § 167-11 of this chapter.
(5)
Certification from the Borough Tax Collector that
no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of the application.
(6)
One copy of a list of all permits required for development
of the site plan, including a notation as to those permits which have
been applied for and/or received.
[Amended 5-26-1981 by Ord. No. 81-5]
(7)
All required performance and maintenance guaranties.
C.
The approving authority shall review the application
for its completeness and accept or reject the submission as a complete
application in accordance with the provisions of the Land Use Procedure
Ordinance.
D.
If the submission is accepted as complete, the approving
authority shall grant or deny final site plan approval in accordance
with the provisions of this chapter, the Land Use Procedure Ordinance
and all other applicable laws and ordinances.
Upon final approval of a site plan, the Chairman
and Secretary of the approving authority shall sign the Mylar original
and one paper print. The signed Mylar original shall be filed with
the Borough Clerk, and the paper print shall be retained by the approving
authority for its files. Immediately upon final approval, the Secretary
of the approving authority shall forward a copy of the proposed final
site plan to the Borough Tax Assessor, the Tax Collector and the Zoning
Officer, respectively.
All site plans and supporting documents shall
comply with the requirements hereinafter set forth and shall contain
the following information and data:
A.
Each site plan submitted shall be drawn to a scale
of one inch equals 20 feet.
B.
Filing procedure. The applicant shall file with the
Borough Clerk, 21 days prior to the next public meeting of the approving
authority:
[Amended 6-14-2021 by Ord. No. 2021-15C]
(1)
Twelve copies of the completed preliminary site plan.
(2)
Twelve copies of the completed application for the Planning Board.
The application shall include copies of all deed restrictions and
restrictive covenants pertaining to the property proposed to be developed
by the site plan.
(3)
A certification from the Borough Tax Collector that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of the application.
(4)
One copy of a list of all permits required for development of the
site plan, including a notation as to those permits which have been
applied for and/or received.
(5)
The appropriate review fee as determined in this Code for preliminary
site plan approval.
(6)
For all applications located within 150 feet of a body of water,
an applicability determination from the Department of Environmental
Protection that determines the applicability of CAFRA, the Wetlands
Act of 1970 (13:9A-1 et seq.), and/or the Waterfront Development Law
(12:5-3 et seq.) to a proposed project, received pursuant to N.J.A.C.
7:7-2.5.
C.
Boundaries of the tract, North arrow and graphic scale.
D.
Zone districts in which the lot(s) are located.
E.
Existing and proposed streets and street names.
F.
Existing and proposed contour lines at one-foot intervals
inside the tract and within 50 feet of the tract's boundaries.
G.
Existing and proposed buildings and accurate locations
and sizes of all buildings on properties adjacent to and across the
street from the property in question.
H.
Title of plans and date of preparation.
I.
Existing and proposed streams and easements.
J.
Total building coverage in acres and percent of lot.
K.
Total number of parking spaces.
M.
A small key map giving the general location of the
parcel to the remainder of the municipality.
N.
The site in relation to all remaining lands in the
applicant's ownership.
O.
Size, height, location and arrangement of all existing
and proposed buildings, structures and signs in accordance with the
requirements of this chapter and all other applicable ordinances,
including a rendering of each building or typical building and sign
showing front elevations of the proposed use of all structures.
P.
Proposed circulation plans, including access streets,
curbs, aisles and lanes, easements, fire lanes, driveways, parking
spaces, loading areas, loading berths or docks, pedestrian walks and
all related facilities for the movement and storage of goods, vehicles
and persons on the site in accordance with applicable requirements
of this chapter and all other applicable ordinances, including the
location of lights, lighting standards, signs and driveways within
the tract and within 100 feet of the tract. Sidewalks shall be provided
from each building 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 spaces between
buildings where pedestrian traffic can be expected to be concentrated.
Plans shall be accompanied by cross sections of streets, aisles, lanes,
curbing and driveways which shall adhere to applicable requirements
of this chapter and applicable design standards of the Borough's Subdivision
Ordinance.[2]
Q.
Existing and proposed wooded areas, buffer areas and
landscaping shall be shown on the plan. The landscaping plan, including
seeded and/or sodded areas, grading, retaining walls, fencing, signs,
recreation areas, shrubbery, trees and buffer areas, shall be in accordance
with applicable requirements of this chapter and all other applicable
Borough ordinances. These plans shall show the location and type of
any man-made improvements and the location, species and caliber of
plant material for all planted and landscaped areas.
R.
The proposed location of all drainage, sewage and
water facilities with proposed grades, sizes, capacities and types
of material to be used, including any drainage easements acquired
or required across adjoining properties. Such plans shall be reviewed
by the Borough Engineer with recommendations to the approving authority.
Proposed lighting facilities shall be included, showing the direction
and reflection of the lighting. All utilities shall be installed underground.
S.
Such other information or data as may be required
by the approving authority in order to determine that the details
of the site plan are in accordance with the standards of the Borough
of Beach Haven and all other general laws.
T.
Design load.
[Added 6-23-1997 by Ord. No. 97-9]
(1)
The design load shall be provided which shall include
all information necessary, including, if applicable, the number, design,
nature and location of tables, chairs, stools and other seating, number
nature and location of doors and other means of ingress and egress,
in order for the appropriate board and/or officials to determine permissible
occupancy loads for the subject site.
(2)
The aforesaid design load information shall be provided
to the office of the Ocean County Fire Marshal and the appropriate
Beach Haven Construction Official and such other offices and purposes
as the Beach Haven Land Use Board may from time to time require, simultaneously
with the submission of the site plan application.
(3)
A site plan application shall not be deemed complete
until a designated occupancy load based upon the applicable fire and
other codes and provided by the appropriate official is filed with
the Borough of Beach Haven Land Use Board.
U.
Any application
to the Planning Board of the Borough of Beach Haven for site plan
approval for construction of multifamily dwellings of three or more
units or any commercial, institutional, or industrial development
for the utilization of 1,000 square feet or more of land must include
a recycling plan. The plan must contain at a minimum the following:
[Added 9-14-2009 by Ord. No. 2009-20]
(1)
A detailed
analysis of the expected composition and amount of solid waste and
recyclables generated at the proposed development; and
(2)
Locations
documented on the applicant's site plan that provide for convenient
recycling opportunities for all owners, tenants and occupants. The
recycling area shall be of sufficient size, convenient location and
contain other attributes (signage, lighting, fencing, etc.) as may
be determined by the Municipal Recycling Coordinator.
The final site plan plat shall include all data
required on the preliminary site plan plat, drawn to incorporate all
changes required as a condition of preliminary approval. The information
and design on the final site plan plat shall be in final design condition.
[Amended 3-10-2008 by Ord. No. 2008-4; 3-8-2021 by Ord. No. 2021-3C]
A.
Any applicant who believes that the nature of the proposed use, occupancy,
hours of operation, number of employees, on-site or off-site parking,
square footage of the commercial area, loading, signage, landscaping
and/or buffering, deliveries (types of vehicles and hours) and compliance
with zoning regulations in that particular district are essentially
the same for the existing use may apply to the Land Use Board for
an exemption from the requirement to obtain formal site plan approval.
The application, which will include materials to be obtained from
the Mercantile Licensing Office or Land Use Secretary, shall be submitted
to and reviewed by Site Plan Subcommittee of the Land Use Board, which
shall consist of no more than three Class IV members, as appointed
by the Chairman of the Land Use Board. In the event that the Site
Plan Subcommittee finds that the proposed application will not essentially
modify the existing use from the proposed use, the application for
exemption can be approved by the Subcommittee. There will be no administrative
charge or advertising requirement, nor a need for formal notification,
for an application under this section. The Site Plan Subcommittee's
approval or disapproval of the application will be announced and read
into the record at the next regularly scheduled Land Use Board meeting.
Any denial by the Site Plan Subcommittee shall be without prejudice
and the applicant may apply to the full Land Use Board for site plan
approval with request for an exemption.
B.
Any applicant whose application for site plan exemption approval under § 167-9A which was denied without prejudice by the Site Plan Subcommittee may then apply to the full Land Use Board for site plan approval with request for an exemption under this section. The applicant shall submit complete application materials obtained from the Land Use Board Secretary, pay the necessary fees set forth in § 90-2, and the applicant shall comply with the notice requirements pursuant to N.J.S.A. 40:55D-12 et seq.
C.
The approving authority, when acting upon an application for preliminary
site plan approval, may grant such exceptions from the preliminary
site plan details and design and performance standards set forth in
this chapter or any other ordinance of the Borough as may be reasonable
and within the general purpose and intent of the provisions for site
plan review and approval if the literal enforcement of one or more
of said provisions will result in exceptional practical difficulties
to or exceptional and undue hardship to the applicant because of peculiar
conditions pertaining to the land in question.
Approving authority approval of a site plan
shall be guided by the fact that the site plan conforms to the following
standards and regulations:
A.
The applicant has submitted a complete site plan containing
all of the information and data as provided for in this chapter.
B.
The details of the site plan are in accordance with
the standards of the Zoning Ordinance, Subdivision Ordinance and any
and all other ordinances of the Borough which may be in existence
at the time of the application and in harmony with the officially
adopted Comprehensive Master Plan of the Borough.[1]
C.
All parking and traffic problems shall be kept at
a minimum by the use of engineering design features, such as acceleration
and deceleration lanes, jug handles and marginal-access streets.
D.
Adequate provisions are made to prevent drainage problems
and to provide adequate water supply, drainage, shade trees, sewerage
facilities and other utilities necessary for essential services to
residents and occupants of the property subject to the application.
E.
All playgrounds, parking and service areas are reasonably
screened from view of adjacent properties and streets at all seasons
of the year where necessary for the purpose of protecting the health,
safety, general welfare, comfort and convenience of the public.
F.
The location, power, directions and time of any proposed
outdoor lighting will not have an adverse effect upon any properties
in any adjoining residential districts by impairing the established
character or potential use of the properties in such districts.
G.
The details of the site plan for the authorized use
will be such that the operation will not offend the public interest.
H.
Design standards for off-street parking, loading areas
and driveways.
[Added 1-28-1985 by Ord. No. 84-27;
amended 11-14-2005 by Ord. No. 2005-26]
(1)
All parking and loading areas and access drives shall
be constructed with either a minimum six inches Class A road gravel,
two inches bituminous stabilized base course and 1 1/2 inch FABC-1
bituminous top course, or a minimum of six inches of Class A road
gravel, and two inches of crushed stone. All parking areas, regardless
of size and location, shall be suitably drained and maintained.
(2)
All off-street parking lots shall have adequate designations
to indicate traffic flow and parking spaces.
(3)
Parking spaces shall have a minimum dimension of nine
feet wide by 18 feet in length, except that handicapped parking spaces
shall be sized as required per the ADA code.
(4)
All off-street parking and loading areas shall be
provided with curbing so that vehicles cannot be driven onto required
perimeter landscaped areas, buffer zones and street right-of-way and
so that each parking and loading area has controlled entrances and
exits and drainage control. Curbing shall be located to prevent any
part of a vehicle from overhanging internal sidewalks or landscaped
areas. Parking and loading spaces shall not be an extension of any
street right-of-way.
(5)
A buffer planting strip not less than five feet in
width shall be provided between the parking lot curb and the property
line.
(6)
All parking areas and walkways thereto and appurtenant
passageways and driveways serving commercial, public, office, multiple
family or other uses having common off-street parking and/or loading
areas shall be adequately illuminated for security and safety purposes.
The lighting plan in and around the parking areas shall provide for
nonglare lights focused downward. The light intensity provided at
ground level shall be indicated in footcandles on the submitted site
plans and shall average at least 0.5 footcandles at intersections
and 0.3 footcandles elsewhere in the area to be illuminated. Lighting
shall be provided by fixtures with a mounting height not more than
25 feet measured from the ground level to the center line of the light
source.
A.
No final plat shall be approved by the approving authority
until all required on-site and off-site improvements, including but
not limited to those improvements set forth in the Borough of Beach
Haven Subdivision Ordinance, as amended and supplemented,[1] have been installed, inspected, certified and approved
by the Borough Engineer and accepted by the governing body and a maintenance
guaranty has been filed and accepted by the governing body in accordance
with the requirements of this chapter, or their installation shall
have been provided for by a performance guaranty accepted and approved
by the governing body in accordance with the requirements of this
chapter.
B.
The performance guaranty shall consist of a performance
bond in a form approved by the Borough Attorney, in which the applicant
shall be principal and an acceptable surety company licensed to do
business in the State of New Jersey shall be surety, or cash or a
certified check which shall be deposited with the Borough of Beach
Haven by payment to the Municipal Treasurer.
C.
The total performance guaranty shall be an amount
equal to 120% of the estimated cost of the necessary improvements
as determined by the Borough Engineer. Ninety percent of this total
shall be in either cash, certified check or surety bond of a bonding
company approved by the governing body. The remaining 10% shall be
in cash and shall be deposited with the Borough of Beach Haven by
payment to the Municipal Treasurer.
D.
Performance guaranties shall run for a term not to
exceed 18 months; provided, however, that such guaranties, with the
consent of the principal and surety, if any, may be extended by the
governing body by resolution for an additional period of not to exceed
18 months.
E.
At least one week prior to the beginning of construction
or installation of any required improvements, the developer shall
notify the Borough Engineer in writing of the developer's intention
to commence such work. All improvements and utility installations
shall be inspected during the time of their installation by the Borough
Engineer or his designee to ensure satisfactory completion, and no
underground installation shall be covered until inspected by the Borough
Engineer or his designee. The cost of all inspections shall be the
responsibility of the developer, and he shall deposit the necessary
inspection fee with the Borough Clerk upon making application for
final approval under this chapter or prior to the start of any construction,
whichever shall first occur. The inspection fee shall be in addition
to the amount of any required performance or maintenance guaranty
and shall consist of 5% of the estimated cost of the improvements
to be constructed as determined by the Borough Engineer. This fee
shall be held in a separate escrow account by the Borough and used
to pay the cost of inspecting the construction. It shall be the obligation
of the developer to pay for the actual cost of inspecting the construction.
Any excess money shall be remitted to the developer upon approval
of all improvements as provided herein. Any additional inspection
costs shall be paid by the developer prior to the approval of the
improvements by the governing body, as provided for herein.
F.
After completing the construction of the improvements
covered by the performance guaranty, the developer shall make application
to the governing body in writing by certified mail addressed to the
Borough Clerk, with a copy sent by certified mail to the Borough Engineer
for final inspection of such improvements. The Borough Engineer shall,
within 30 days after his receipt of said application, inspect the
improvements in question and report in writing to the governing body
indicating either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
G.
The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Borough Engineer and shall notify the developer in writing, by certified
mail, of the contents of said report and the action of the approving
authority not later than 65 days after receipt of the notice from
the developer of the completion of the improvements. Where partial
approval is granted, the obligor shall be released from all liability
pursuant to its performance guaranty, except for that portion adequately
sufficient to secure provisions of the improvements not yet approved.
Failure of the governing body to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements, and the obligor and surety shall be released
from all liability pursuant to said performance guaranty.
H.
If any portion of the required improvements is rejected,
the approving authority may require the obligor to complete such improvements
and, upon completion, the same procedure of notification, as set forth
in this section, shall be followed.
I.
The approval of any plat under this chapter by the
approving authority shall in no way be construed as an acceptance
of any street, drainage system or other improvement required by this
chapter, nor shall such plat approval obligate the Borough of Beach
Haven in any way to maintain or exercise jurisdiction over such street
and drainage system or other improvement. Acceptance of any street,
drainage system or other improvement shall be implemented only by
favorable action of the governing body.
No improvement shall be accepted, approved or
partially approved by the governing body unless and until all of the
following conditions have been met:
A.
The Borough Engineer shall have certified in writing
that the improvement is complete and that it complies fully with the
requirements of this chapter and all other applicable laws and ordinances.
B.
A maintenance guaranty is posted with the governing
body for a period of two years after final acceptance of the improvement,
in an amount equivalent to 15% of the cost of the improvement, as
determined by the Borough Engineer. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or where the improvements are covered by a performance
or maintenance guaranty to another governmental agency, no performance
or maintenance guaranty, as the case may be, shall be required by
the Borough for such utilities or improvements.[1]
Buffers are required along lot and street lines
of all nonresidential lots where said property lines or the center
line of adjacent streets abuts residential uses or residential zoning
district lines. Each permitted use shall provide and maintain attractively
landscaped grounds and suitable screening in order to safeguard the
character of adjacent districts. The width of the buffer area for
each particular zoning district shall be prescribed. Buffer areas
shall be measured horizontally and shall be either perpendicular to
straight lot and street lines or radial to curved lot and street lines.
Buffer areas shall be maintained and kept clear of all debris, rubbish,
weeds and tall grass. No structure, activity, storage of materials
or parking of vehicles shall be permitted in the buffer area, and
all buffer areas shall be planted and maintained with grass or ground
cover, together with a dense screen of trees, shrubs or other plant
materials meeting the following requirements:
A.
Plant materials used in screen planting shall be at
least four feet in height when planted and shall be of such density
that all the glare of automobile headlights emitted from the premises
is obscured throughout the full course of the year. The plant materials
shall be of a species common to the area, shall be of nursery stock
and shall be free of insects and disease.
B.
Buffer areas shall be permanently maintained, and
plant material which does not live shall be replaced within one year
or one growing season.
C.
The screen planting shall be so placed that at maturity
the plant material will be no closer than three feet from any street
or property line.
D.
The buffer area shall not be broken unless specifically
approved by the approving authority.
Electric or electronic equipment shall be shielded
so that there is no interference with any radio or television reception
at the lot line or beyond the operator's dwelling unit, in the case
of multifamily dwellings.
No use shall produce a strong, dazzling light
or a reflection of a strong, dazzling light or glare beyond its lot
lines. Exterior lighting shall be shielded, buffered and directed
so that glare, direct light or reflection will not become a nuisance
to adjoining properties, adjoining dwelling units, adjoining districts
or streets.
No use shall produce heat perceptible beyond
its lot lines. Further, no use shall be permitted which would cause
the temperature to rise or fall in the bay or ocean.
The sound level of any operation (other than the operation of motor vehicles or other transportation facilities on public highways, operations involved in the construction or demolition of structures or emergency alarm signals or time signals) shall not exceed the levels and operations as specified within Chapter 134, Noise.
Odors shall not be discernible at the lot line
or beyond.
No materials or wastes shall be deposited upon
a lot in such form or manner that they may be transferred off the
lot by natural causes or forces, nor shall any substance which can
contaminate a stream, watercourse or underground aquifer or otherwise
render such a stream, watercourse or underground aquifer undesirable
as a source of water supply or recreation, or which will destroy aquatic
life, be allowed to enter any stream, watercourse or underground aquifer.
All materials or wastes which might cause fumes or dust or which constitute
a fire or explosion hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored indoors and enclosed in appropriate
containers adequate to eliminate such hazards.
Immediately upon the adoption of this chapter,
the Borough Clerk shall file a copy of the same with the County Planning
Board as required by law.
[Added 6-14-2021 by Ord. No. 2021-15C]
A.
Preliminary plans. Site plans receiving preliminary approval shall
expire at the end of the statutory three-year period, unless extensions
are granted by the LUB, as provided by law.
B.
Final plans. The proposed construction receiving final site plan
approval must obtain a building permit within two years from the date
of final approval, which date shall be when the LUB took action on
the application. Failure of the applicant to obtain a building permit
within such periods will nullify and void the site plan. Time period
extensions may be granted by the LUB, as provided by law.
