[Ord. No. 02-99 § 224-197]
The intent of this Article is to reduce the cost and time usually
associated with the development review process for certain applications,
to encourage economic growth, and to streamline smaller commercial
development applications.
[Ord. No. 02-99 § 224-198]
The Chairman of the Planning Board shall appoint a Site Plan
Waiver Committee. The Committee shall consist of at least three regular
or alternate Planning Board members. The Chairman or in the Chairman's
absence, the Vice Chairman, shall be an ex officio member of the Committee.
The Committee shall review all site plan waiver applications and make
recommendations to the full Board to waive site plan approval, conditionally
waive site plan approval, or to require site plan approval. The Planning
Board Chairman shall designate one member of the Committee as the
Committee's Chairman and another member as the committee's Vice Chairman.
In no event shall more than four members be present at a Committee
meeting. The Committee shall be advisory to the Planning Board and
shall not be itself a public body, its meetings shall not be public
meetings even if open to the public, and its actions shall not be
decisions of a municipal agency subject to a right of approval.
[Ord. No. 02-99 § 224-199]
A.
Submission requirements. The applicant shall submit six copies of
the fully completed site plan waiver application form with required
attachments. The Committee may require additional documentation or
information as deemed necessary to properly evaluate the application.
The applicant may at any time withdraw a waiver request and proceed
with a site plan application.
B.
Committee review. The Committee will review the application and the
applicant or the applicant's representative shall be present unless
waived by the Committee.
C.
Board professional review. The Committee Chairman or the Committee
may refer any application to members of the Board Professional Staff
for review and comments and the applicant shall provide such additional
documentation or information as may be requested by the Board Professional
Staff. Any Board Professional reviewing an application shall provide
a written report to the Committee. If an additional escrow amount
is required or Board Professional Review, the applicant shall deposit
the additional amount or the Committee may administratively deny the
application.
D.
Committee action. If the Committee unanimously recommends approval
or denial of the waiver with at least three members of the Committee
voting, no further review by the Planning Board shall be required
and the Committee shall merely report such recommendation approval
or denial to the full Board for acceptance. However, the Board shall
not be bound by the recommendation of the Committee and may make an
independent determination. If the vote is not unanimous, the waiver
request shall be referred to the Planning Board for action and the
Committee shall provide its report to the Board and the applicant
shall have an opportunity to be heard by the Board.
E.
The opening and reconsideration. By submitting a request for a site
plan waiver and accepting a waiver, the applicant shall be deemed
to have consented to allowing the Planning Board to reopen and reconsider
the approval of a waiver and, required by the Board, agrees to submit
a site plan application within 45 days of such a determination by
the Board. The Board may require a reopening and reconsideration of
a waiver:
(1)
At any time within one year of the approval of a waiver or the
completion of construction or the change in use or occupancy, whichever
is later, if the Board determines there to have been a substantial
likelihood that the approval was in error.
(2)
At any time if the Board determines there to have been substantial
misrepresentation, fraud or other misconduct by or on behalf of the
applicant.
[Ord. No. 02-99 § 224-220]
The Committee may waive full site plan review where there is
a change in use or occupancy and only de minimis building construction
or site improvements. For purposes of this section, 1,000 square feet
or less of gross floor area, five parking spaces, or 2,000 square
feet of additional lot coverage may be considered as de minimis construction
or site improvements. A waiver may only be granted upon a determination
that there will be no more than a de minimis effect on storm water
drainage, traffic circulation, landscaping requirements, buffering
requirements, lighting, and other considerations of site plan approval
and that there is no need for additional or upgraded site improvements.
No waiver may be approved if any variance is required or in connection
with a conditional use approval. Since variance approval is not required
where a nonconforming structure is expanded in size or altered without
increasing the pre-existing nonconformity, site plan waiver may be
considered.
[Ord. No. 17-2000 § 1]
A.
Submission requirements will be in accordance with the Absecon Developmental
Ordinance and NJ Municipal Land Use Law.
B.
Applicant shall provide six copies of the completed land development
application form, site plan, supplemental documents and all applicable
fees in accordance with the minor site plan checklist (Exhibit A7).
Additional copies may be requested by the Board.
C.
The above shall be submitted to the Board Secretary. The secretary
will forward one copy of all documents to the Board Engineer and Board
Planner for review to confirm the application meets the standards
for administrative review. Once the Board Engineer and Board Planner
confirm the application meets the standards they will prepare a report
of their findings and submit their comments and recommendations to
the Board and applicant. The Board Engineer and Planner may make recommendations
to modify the development proposal. The applicant may request informal
meetings with the Board Engineer and Board Planner to discuss their
land development application. The applicant must request such meetings
through the Board Secretary. The Board Secretary will schedule informal
meetings, notify all attendees, and inform the Board Chairman of such
meetings. Direct telephone calls to the Board Engineer and Board Planner
are permitted by the applicant to discuss the land development proposal.
D.
The Board Engineer and Board Planner will present the findings of
their review to the full Board as earliest Planning Board agenda for
formal approval in accordance with the Absecon Developmental Ordinance
and the NJ Municipal Land Use Law.
E.
The Planning Board retains the right to request the applicant present
the land development application to the Board to facilitate formal
approval.
F.
The applicant must be present at the Planning Board meeting to allow
for formal action to be taken by the Board.
[Ord. No. 17-2000 § 2]
To qualify for possible administrative review by the Board Professionals
the application for development must conform to the following:
A.
Applications must be for commercial development only.
B.
Proposed development up to 5,000 square feet of new structures or
addition to an existing structure.
C.
Proposed development up to 10 new parking spaces or 10 additional
parking spaces in the use of an existing development.
D.
Administrative review may only be conducted if no variances are requested.
E.
Design waivers may be considered by the Board Professionals. Board
Professionals may defer the approval of design waivers to the Board.
F.
Since variance approval is not required where a nonconforming structure
is expanded in size or altered without increasing the pre-existing
nonconformity, administrative review for site plan may be considered.
G.
Administrative review of site plan will be in accordance with the
Absecon Developmental Ordinance and the NJ Municipal Land Use Law.
H.
Applicant is responsible to secure any developmental approvals required
by all other regulatory authorities having jurisdiction.
