City of Rahway, NJ Application for Development Procedures

Purpose. The Technical Review Committee is established to streamline and make the development process more cost efficient by providing assistance to applicants to address technical issues prior to applications reaching the respective Board.

The Technical Review Committee shall review all development applications to be presented to the Planning Board and Zoning Board of Adjustment, with the exception of one- and two-family dwellings. The Technical Review committee provides feedback pertaining to technical items. The Technical Review Committee's recommendations are nonbinding and do not guarantee Board approval. The Board may request additional information or modifications to submitted applications.

Members. The Technical Review Committee shall be chaired by the Business Administrator or his or her designee, and consist of the Director of Community Development, the City Engineer, the City Planner, the Construction Official, the Planning or Zoning Board's engineering and planning consultants, the Planning or Zoning Board's attorney, and representatives from the City's emergency services, as needed. Other officials or consultants may be required on a specific application based on their particular expertise.

Powers and duties. The Technical Review Committee shall:

Determine the completeness of all applications presented before it in accordance with the checklists and application requirements of the City.

Determine the adequacy of application materials provided to address technical standards set forth in the City Zoning Ordinance.

Determine compliance with technical standards set forth in the City Zoning Ordinance.

(d)

Consider and approve waivers of specific checklist requirements for completeness purposes. The Board may request additional information or modifications to submitted applications.

(e)

Recommend whether an environmental impact assessment, traffic impact assessment, or any other special studies should be provided.

(f)

Recommend whether other agency permits, or approvals should be provided.

(5)

Application submission and review procedure.

Submission. Applications shall be submitted to the City at least 15 days in advance of the scheduled Technical Review Committee meeting.

Reviews. The Technical Review Committee members will each issue, when appropriate, a preliminary review indicating the adequacy of the provided materials, and to provide recommended changes to the proposed project. Preliminary reviews shall be provided prior to the applicant's scheduled meeting with the Technical Review Committee. Determinations for completeness shall be certified within 45 days of the date of submission, pursuant to the Municipal Land Use Law.

Meetings. The Technical Review Committee shall meet on the third Wednesday of the month. Minutes will be kept during TRC meetings and made available to the applicant and all TRC members. At the City's discretion, additional or special meetings may be scheduled, based on need.

(d)

Applications for development shall not be scheduled for review by the Planning Board or Zoning Board of Adjustment until the Technical Review Committee has deemed the application complete in writing and indicated that all technical items have been addressed. If the TRC determines that the plans are incomplete or do not adequately address the technical standards set forth in the City Zoning Ordinance, additional meetings and the resubmission of revised plan sets may be required before the TRC can deem an application complete. Once the application has addressed all technical items and has been deemed complete, the application may proceed to the appropriate Board. At that time, the Board professionals will issue a review letter based on the Board submission.

Applications in redevelopment areas. Prior to submission of formal development review by the Technical Review Committee and the Planning Board, each redeveloper shall submit detailed plans to the Rahway Redevelopment Agency (RRA) for its review. The RRA's approval of such submission shall be based on whether the plans conform to the redevelopment plan and redevelopment agreement, if one exists at the time of conceptual review. If the RRA determines that the plans are nonconforming, RRA shall advise the redeveloper of the issues that give rise to such nonconformance. The redeveloper shall then revise and resubmit the plans as many times as necessary to receive approval from the RRA. If the RRA deems the submitted plans consistent with the redevelopment plan, a copy of that plan set shall be included in the Planning Board application, as well as any review letter or approving document created by the RRA or its professionals. Prior to review or submission in front of the Planning Board, any redevelopment application shall go through the TRC process as detailed in Subsection D above.

Review and approval of site plans and subdivisions for any property having frontage on a county road shall be required for commercial, industrial or multifamily structures containing four or more units or any land development for the above uses that require off-street parking or that produce surface runoff in excess of county standards. The municipal agency shall condition any approval that it grants upon timely receipt of a favorable report or approval by the County Planning Board's failure to report thereon within 30 days.

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 developer shall not be required to submit any fees for such an informal review. 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.

As a condition of approval, it shall be required that the applicant submit 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.

§ 53-34 Checklist for development applications.

[Added 4-13-1998 by Ord. No. O-14-98; amended 6-11-2008 by Ord. No. O-13-08]

No application for development shall be deemed complete unless the items, information and documentation listed in the applicable checklist or lists (See Addenda A to F adopted by this section.[1]) are submitted to the municipal agency. If any required item is not submitted, the applicant must make a request, in writing, for a waiver and state the reasons supporting each such request.

Editor's Note: These checklists are included at the end of this chapter.

In addition to the required checklist submittals, all drawings associated with the preliminary and final application of minor and major site plans, minor and major subdivisions and their applicable reports shall be submitted in Adobe portable document format (pdf) at 400 by 400 dpi. All other documents such as, but not limited to, application, escrow sheet, completion checklist, environmental impact study, traffic study, stormwater report, sewer and water report, reforestation or woodland management plan, and permits associated with the application shall be submitted in Adobe portable document format (pdf) at 300 by 300 dpi. All revisions and resubmissions shall also be submitted in these formats. All filed maps and required final as-built plans shall be submitted in one of the following formats: AutoCAD Drawing File (dwg), ESRI Shapefile (shp), Drawing Exchange Format File (dxf) or Microstation drawing file (dgn) and contain coordinate values for at least three identifiable boundary corners, preferably in the 1983 New Jersey State Plane Coordinate System. The vertical datum shall be in the City’s Datum of NGVD 1929.

Layers and spatial data type.

For those development projects where outside agencies, such as NJDEP, require GIS mapping of utility infrastructure, digital mapping must be submitted in accordance with the NJDEP Geographic Information System (GIS) Mapping and Digital Data Standards. Specifically, compatible configurations and formats are shown in Table 6.1.1 of said standards. The digital information shall consist of the following layers:

Outbound property survey.

NJDEP-approved freshwater wetlands delineation.

Topography (preferably one-foot contour intervals).

(d)

Final subdivision plat.

(e)

Existing and proposed easements, including open space.

(f)

Existing as-built conditions within the City and county road rights-of-way.

Further, the following spatial data type should be utilized:

Polygons: outbound property surveys, easements, wetland lines and transition areas and final plats, etc.

Lines: contour lines, streams and road center line/right-of-way lines, etc.

Points: fire hydrants, utility poles, utility valves, manholes, catch basins, well locations, etc.

§ 53-35 Simultaneous review and approval.

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, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.

§ 53-36 Preliminary approvals.

Site plan.

It is required that the developer submit a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. Architectural plans are required to be submitted for site plan approval, and the preliminary plans and elevations shall be sufficient.

If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. The Planning Board shall, if the proposed development complies with the ordinance and this chapter, grant preliminary site plan approval.

Upon the submission to the administrative officer of a complete application for a site plan for 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. Upon the submission of a complete application for a site plan of 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.

Minor site plan. Whenever a site plan is required to be submitted for a development, the municipal agency may classify the site plan as minor and waive any of the preliminary and final site plan requirements when the site is being disturbed by 10% or less of its land area or 10% or less of its building area and land area combined. The applicant shall submit, in writing, to the administrative officer a list of those requirements that he desires to have waived, and the agency shall make its determination accordingly.

(5)

Notice of hearing. The notice of hearings and the public hearing on applications for development for minor site plans may be waived 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 "minor site plan." Minor site plan approval shall be deemed to be final approval of the site plan by the Board, provided that the Board or said Subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to this chapter.

(6)

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.

(7)

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval.

Minor subdivision.

It is required that a developer submit minor subdivisions to the Planning Board for approval. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of certain improvements permitted by law.

Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the municipal agency 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 on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law[1] or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may be permitted to accept a plat not in conformity with the Map Filing Act, provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said Act.

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this section.

Major subdivision.

It is required that a developer submit major subdivisions to the Planning Board for approval and shall require that the developer submit to the Secretary of the municipal agency a plat or such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met, provided that minor subdivisions pursuant to this chapter shall not be subject to this section. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval.

If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development. The Planning Board shall, if the proposed subdivision complies with this chapter, grant preliminary approval to the subdivision.

Upon the submission to the Secretary of a complete 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. Upon the submission of a complete 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.

§ 53-37 Effect of preliminary approval.

Preliminary approval of a major subdivision or of a site plan shall, except as provided in Subsection A(4) of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements, layout and design standards for streets, curbs and sidewalks, lot size, yard dimensions and off-tract improvements and, in the case of a site plan, any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the municipality from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.

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 may govern.

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 in Subsection A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration:

The number of dwelling units and nonresidential floor area permissible under preliminary approval.

Economic conditions.

The comprehensiveness of the development.

The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration:

The number of dwelling units and nonresidential floor area permissible under preliminary approval.

The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval.

Economic conditions.

The comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.

§ 53-38 Exceptions.

The Planning Board, when acting upon applications for preliminary or minor subdivision approval or preliminary site plan approval, 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 of an ordinance adopted pursuant to this chapter if the literal enforcement of one or more provisions of the chapter are impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

§ 53-39 Final approval of site plans and major subdivisions.

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 ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law,[1] provided that, in the case of a residential cluster, the Planning Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

Final approval shall be granted or denied within 45 days after the submission of a complete application to the Secretary 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 of the Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

As a condition for approval of a subdivision or site plan, a developer shall pay his pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor, located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development. Such payments shall be based on circulation and comprehensive utility service plans as required in the Master Plan and shall be established by fair and reasonable standards to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related and common area, which standards shall not be altered subsequent to preliminary approval. Where a developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.

Effect of final approval of a site plan or major subdivision.

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 of final approval, provided that, 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 required by this chapter. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval shall terminate the time period of preliminary approval for the section granted final approval.

In the case of a subdivision or site plan for a residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection D(2) for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration:

The number of dwelling units and nonresidential floor area permissible under final approval.

Economic conditions.

The comprehensiveness of the development.

The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration:

The number of dwelling units and nonresidential floor area permissible under final approval.

The number of dwelling units and nonresidential floor area remaining to be developed.

Economic conditions.

The comprehensiveness of the development.

§ 53-40 Guaranties required; surety; release.

Before the recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit, the approving authority may require and shall accept, in accordance with the standards adopted by ordinance for the purpose of assuring the installation and maintenance of on-tract improvements and a pro rata share of off-tract improvements as permitted by law:

The furnishing of a performance guaranty in favor of the municipality in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law,[1] water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. The performance guaranty shall be comprised of a minimum of 10% cash.

[Amended 11-9-2009 by Ord. No. O-39-09]

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

Provision for a maintenance guaranty to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement. 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 guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements.

The time allowed for installation of the improvements for which the performance guaranty 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 guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.

If the required improvements are not completed or corrected in accordance with the performance guaranty, 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.

Upon substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the obligor may notify the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Municipal Engineer. Thereupon, the Municipal Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements, with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.

The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto, not later than 65 days after receipt of the notice from the obligor 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 provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. 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, if any, shall be released from all liability pursuant to such performance guaranty for such improvements.

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.

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.

The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Municipal Engineer for such inspection.

In the event that final approval is by stages or sections of development pursuant to this chapter, the provisions of this section shall be applied by stage or section.

§ 53-41 Recording of final approval of major subdivision.

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 signing of the plat.

§ 53-42 Filing of all subdivision plats.

No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to this chapter. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to this chapter. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and, upon request of the municipality, the plat shall be expunged from the official records.

It shall be the duty of the county recording officer to notify the Planning Board in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.

§ 53-43 Penalty for selling before approval.

If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by ordinance pursuant to this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made shall be deemed a separate violation.

§ 53-44 Suits.

In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with this chapter.

§ 53-45 Lien.

In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title crossing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

§ 53-46 Certificate showing approval; contents; fees.

The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of this chapter, may apply in writing to the Secretary of the municipal agency for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof. The Secretary shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said Secretary shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office. Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:

Whether there exists in said municipality a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of Chapter 291 of the Laws of New Jersey 1975.

Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision on which the lands are a part is a validly existing subdivision.