The Planning Board and the Zoning Board of Adjustment have certain
overlapping powers to expedite the review process. Their respective
responsibilities are outlined below.
A.
The Planning Board shall have the power to grant subdivision or conditional
use approval simultaneously with site plan approval.
B.
The Planning Board shall have the power to grant bulk variances/"C"
variances pursuant to N.J.S.A. 40:55D-70c in lieu of the Zoning Board
of Adjustment and subject to the same extent and restrictions of the
Zoning Board of Adjustment when the Planning Board is reviewing applications
for approval of subdivisions, site plans or conditional uses. Whenever
relief is requested pursuant to this subsection, public notice shall
be given and shall include reference to the requested variance(s).
The Zoning Board of Adjustment shall have the power to grant,
to the same extent and subject to the same restrictions as the Planning
Board, subdivision, site plan or conditional use approval when a use
variance/"D" variance is also requested by an applicant pursuant to
N.J.S.A. 40:55D-70d.
All subdivisions, as defined under § 315-10, are subject to the review procedures specified herein, for the purpose of preventing the creation of undersized lots so as to maintain the character and integrity of the City's neighborhoods.
No construction permit shall be issued for any new structure, for any modification to an existing structure or for any addition to an existing structure and no certificate of occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the City, except that a construction permit for additions to any existing building of 1,000 square feet or less of floor area, or a single-family detached dwelling unit or a two-family dwelling unit, or their accessory building(s) on a lot, shall not require site plan approval. Applications for a conditional use permit may require site plan review and approval, per § 315-63 et seq. of this Code. The Planning Board may waive site plan review and approval for a change of use if the change of use will not result in an increase in the intensity of land use on the site.
In the event that an application for development requires an
approval by a governmental agency other than the Board, the Board
shall, in appropriate circumstances, condition approval upon the subsequent
approval of such governmental agency, provided that the City shall
make a decision on any application for development within the time
period provided in this chapter, or within an extension of such period
as has been agreed to by the applicant, unless the City agency is
prevented or relieved from so acting by operation of law.
All applications for variance relief to the Zoning Board of Adjustment not involving any related site plan, subdivision or conditional use approval shall be filed at least 15 days prior to the next regularly scheduled monthly meeting of the Board. The filing shall include 10 copies of any maps and related material; five completed copies of the appropriate application form(s), which includes the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter[1]; and the fee in accordance with § 315-71. The Board shall act upon the application as stipulated by law.
[1]
Editor's Note: Said checklist is included at the end of this chapter.
B.
The review by the Planning Board of a conditional use application shall include site plan review. In cases where a conditional use application does not include alteration of the exterior of a building and will not have an impact on parking requirements, the Planning Board may waive site plan submission requirements as provided for in § 315-65B. The time period for action by the Board on conditional use applications shall apply to such site plan review.
C.
If the development requiring conditional use approval deviates from
a conditional use specification or standard, thereby requiring approval
by the Zoning Board of Adjustment of a variance to allow such deviation,
the Zoning Board of Adjustment shall, in lieu of the Planning Board,
grant or deny the application.
D.
The Planning Board shall grant or deny an application for a conditional
use within 95 days of submission of a complete application to the
administrative officer of the Board or within such further time as
may be consented to by the applicant.
A.
At the request of the developer, the City's Division of Planning
staff or the Planning Board shall grant one informal review of a concept
plan for a development for which the developer intends to prepare
and submit an application for development.
B.
The developer shall not be required to submit any fees for the one
informal review by the Planning Board; however, no professional review(s)
will be undertaken of any concept plat or concept plan.
C.
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.
D.
A developer desiring to have a concept plan informally reviewed by
the City's Division of Planning staff or by the Planning Board shall
so notify the administrative officer at least 14 days prior to the
next regularly scheduled monthly meeting of the Planning Board. The
administrative officer shall thereafter notify the developer of the
time and place of the informal review which has been scheduled by
planning staff or the Planning Board.
A.
The Planning Board, when acting upon applications for preliminary
or minor subdivision 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 if the literal enforcement of one or more provisions
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
B.
The Planning Board, when acting upon applications for preliminary
site plan approval, including site plan approval related to conditional
use applications, shall have the power to grant exceptions from the
requirements for site plan approval as may be reasonable and within
the general purpose and intent of the provisions for site plan review
if the literal enforcement of one or more provisions is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
C.
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 subsection, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
A.
Procedure.
(1)
For all minor subdivision plat and minor site plan applications,
an applicant shall submit to the administrative officer, at least
30 days prior to the first regularly scheduled monthly meeting of
the Planning Board or the Zoning Board of Adjustment, as the case
may be:
(a)
Five completed copies of the appropriate application form(s), which includes the checklist(s), attached to this chapter as Appendixes A and B, and the items of information required therein pursuant to N.J.S.A. 40:55D-10.3.
(b)
Ten copies of the minor or preliminary major plat and/or plan
at a scale of not less than one inch equals 50 feet, printed on one
of the following standard sheet sizes: 8 1/2 by 13, 15 by 21,
24 by 36, 30 by 42. The plat and/or plan must be signed and sealed
by a New Jersey licensed professional engineer, or other representative
deemed acceptable by the City's Division of Planning staff, and folded
into eights with the title block revealed.
(c)
One reduced-scale copy of the plat or plan printed on eleven-by-seventeen-sized
paper.
(d)
Five copies of protective covenant or deed restrictions affecting
the property, as applicable.
(2)
The application shall contain an acknowledgment signed by the applicant
stating that the applicant is familiar with the procedure set forth
herein for submitting and acting upon subdivision plats and agrees
to be bound by it. The application shall also contain certification
that the applicant is the owner of the land, or the properly authorized
agent of the owner, or that the owner has consented to the application
under an option agreement. The administrative officer shall process
the application and shall issue an application number, which number
shall be communicated to the applicant. Once an application has been
assigned a number, such number shall appear on all papers, maps, plats
or plans and other documents for processing in conjunction with the
application.
(3)
Major subdivision and major site plan applications, as defined in § 315-10, shall be subject to both a preliminary and a final hearing.
(4)
Prior to any subdivision of property, any existing lots to be included
in the proposed subdivision must be consolidated.
B.
Details required for minor/preliminary major subdivision plat and
minor/preliminary major site plan applications.
(1)
Each plat shall be drawn from a field survey by a professional engineer
or land surveyor licensed to practice in the State of New Jersey and
shall bear the signature, seal, license number and telephone number
of such professional engineer or land surveyor. All engineering data
shall be signed and sealed by a professional engineer, and all surveying
data shall be signed and sealed by a professional land surveyor.
(2)
Each submission shall be drawn at an appropriate scale of not less
than one inch equals 50 feet and shall be submitted on one of the
following standard sheet sizes: 8 1/2 inches by 13 inches; 15
inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches.
(3)
If one sheet is not sufficient to contain the entire project site,
the property may be divided into sections to be shown on separate
sheets of equal sizes, with reference on each sheet to the adjoining
sheets. Each subdivision plat and site plan shall show the following
information, as applicable:
(a)
A key map showing the entire project site and its relation to
the surrounding area, at a scale of one inch equals not more than
2,000 feet.
(b)
A title block in accordance with the rules governing title blocks
for professional engineers, N.J.A.C. 13:40-8.2, including:
[1]
The name of the subdivision or development and City of Trenton
and Mercer County.
[2]
The name, title, address and telephone number of the applicant.
[3]
The name, title, address and license number of the professional
or professionals who prepared the plat or plan.
[4]
The name, title and address of the owner(s) of record.
[5]
The scale, in written and graphic form.
[6]
The date of original preparation and of each subsequent revision
thereof, and a list of the specific revisions entered on each sheet.
(c)
North arrow.
(d)
For both subdivisions and site plans: the square footage or
acreage of the project site to the nearest hundredth of an acre, not
including areas within public rights-of-way. For site plans: a computation
of the area of the project site to be disturbed.
(f)
The existing tax sheet number(s) and existing block and lot
number(s) of the lot(s) to be subdivided or developed as they appear
on the City Tax Map, and proposed block and lot numbers, as provided
by the City Tax Assessor upon written request.
(g)
The subdivision or development boundary line must be shown as
a heavy solid line.
(h)
The location of existing and proposed:
[1]
Property lines, with bearings and distances;
[2]
Streets, alleys, structures with their numerical dimensions
and an indication as to whether existing structures will be retained
or removed;
[3]
Parking spaces, loading areas, driveways, watercourses, railroads,
bridges, culverts, and drainpipes;
[4]
Any natural features, such as wetlands and trees; and
[5]
Any historic landmarked areas or sites, as indicated on the Historic Landmarks and Districts Map attached to this chapter.[1]
[1]
Editor's Note: Said map is on file in the City Clerk's office.
(i)
The location and width of all existing and proposed utility
easements.
(j)
Zoning districts on and adjacent to the project site, including
district names and requirements, with proposed variance requests.
(k)
Proposed buffer and landscaped areas.
(l)
Delineation of floodplains, including both floodway and flood-fringe
areas.
(m)
Contours, as shown on the USGS topographic maps.
(4)
The names and lot and block numbers of all property owners within
200 feet of the extreme limits of the project site, as shown on the
most recent tax list prepared by the City Engineer's office.
(5)
A certificate from the City Tax Collector that all taxes and assessments
are paid to date shall be provided with the application.
(6)
No subdivision involving any street(s) requiring additional right-of-way
or cartway width, as specified in the Master Plan or Official Map
and the street requirements of this chapter, shall be approved unless
such additional right-of-way, either along one or both sides of such
streets, as applicable, shall be granted to the City or other appropriate
governmental agency.
(7)
No subdivision involving any corner lot shall be approved unless
a sight triangle shall be granted as specified in this chapter.
(8)
Deed descriptions, including metes and bounds, easements, covenants,
restrictions and roadway and sight triangle dedications, shall be
submitted for approval prior to filing with the county recording officer.
A.
All preliminary major subdivision plat and preliminary major site plan applications shall include all documents and details enumerated in § 315-66 et seq. of this chapter.
B.
Additional requirements for preliminary major site plan applications.
(1)
Enumeration of requirements.
(a)
The location and species associations of all existing individual
trees or groups of trees having a caliper of eight inches or more
measured three feet above the ground level on portion(s) of the site
that are proposed to be disturbed. The proposed location of all proposed
plantings shall be indicated and a legend provided listing the botanical
and common names, the sizes at time of planting, the total quantity
of each plant, and the location of each plant keyed to the plan or
plat.
(b)
All existing and proposed bridges, culverts, drainage swales,
and watercourses both on the project site and within 200 feet of its
boundaries shall be shown. Cross sections of the watercourses and/or
drainage swales must be provided at an appropriate scale showing the
extent of the floodplain, top of bank, normal water levels and bottom
elevations.
(c)
Existing and proposed contours with intervals of five feet.
All contour information shall refer to a known datum. Existing contours
shall be shown as a dashed line; finished grades shall be shown as
a solid line.
(d)
A soil erosion and sediment control plan as required by N.J.S.A.
4:24-39 et seq.
(e)
Locations of all existing structures, showing existing and proposed
front, rear and side yard setback distances, an indication of whether
the existing structures and uses will be retained or removed, and
any landmark areas or sites as indicated on the City's Historic Landmarks
and Districts Map.[1]
[1]
Editor's Note: Said map is on file in the City offices.
(f)
The size, height and location of all proposed buildings, structures,
signs and lighting facilities.
(g)
A zoning compliance table demonstrating conformity to the requirements
of the zoning district(s) in which the property is located. Information
to be shown on this table must include, but is not limited to, lot
size, lot coverage, building setbacks, building height, floor area
ratio, and parking requirements, as well as whether or not any variances
are being requested. All tract and lot sizes shall be expressed in
square feet and shall include bearings and distances.
(h)
Architectural drawings, which shall include:
[1]
Proposed floor plans.
[2]
Proposed elevations.
[3]
Indication of room sizes and building height of proposed/existing
structures on both floor plans and elevations.
[4]
Materials and manufacturers of building details, including windows
and siding.
[5]
Color palette for proposed structures, including but not limited
to facade, trim, and roof.
[6]
Proposed facade details, including but not limited to doors,
shutters, and cornices.
[7]
Materials, sizes and treatments for all porches, stoop areas, garden walls, planters and stair railings, as well as landscaping in accordance with § 315-210.
[8]
Height, size, boundaries and entry/gate locations for all fencing.
[9]
Locations, type and character of all proposed wall-mounted light
fixtures, mailboxes and any other exterior building features.
[10]
Proposed paving patterns and brick work for sidewalks,
driveways and parking areas.
[11]
Size, color, materials for any proposed building
signage, unless already included on engineering drawings, as well
as scaled representations on elevations, including verbiage and font
style.
[12]
Design and location of any proposed freestanding
signs, including size and materials to be used.
(k)
The location and design of any off-street parking area, showing size and location of parking spaces, aisles and barriers. Landscaping in parking areas shall be provided in accordance with the provisions of § 315-210.
(l)
Proposed public art and location of such art to be provided by the applicant as part of the proposed project per § 315-215, as applicable.
(m)
Vehicular access and egress; traffic impact study.
[1]
All means of vehicular access and egress to and from the site
onto public streets and alleys showing the site and the location of
driveways, cartways and curb cuts, including the possible utilization
of traffic signals, channelization, acceleration and deceleration
lanes, sight triangle easements, additional width and other proposed
devices necessary to prevent vehicular conflicts. Curb cuts are discouraged
on major arteries unless no alternate practicable means to access
the site are available. All curb cuts are subject to review and approval
by the City's Department of Public Works.
[2]
At the discretion of the Planning Board and/or Zoning Board of Adjustment, a traffic impact study may be required to assess the traffic impacts that are expected to result from a proposed development. In the event that a traffic impact study is required, sufficient escrow must be provided by the applicant to cover the costs of professional review services for the study, per § 315-71.
(n)
The application shall include plans and computations for any storm drainage system(s) in order to demonstrate compliance with the provisions of this chapter and Chapter 254: Stormwater Management, of the City Code, including but not limited to the following:
[1]
All existing or proposed storm lines within or adjacent to the
tract showing size and slope of the lines, direction of flow and the
location of each catch basin, inlet, manhole, culvert and headwall
in plan and profile.
[2]
A map drawn to scale, minimum scale one inch equals 50 feet,
showing the contributing area to each inlet or cross drain.
(o)
The location of existing infrastructure such as water and sewer
mains, utility structures, gas transmission lines and high-tension
power lines on the project site and within 200 feet of its boundaries.
(p)
Plans of proposed infrastructure improvements and utility layouts,
including sewers, storm drains and waterlines and feasible connections
to gas, telephone and electrical utility systems.
(q)
Plans for proposed streets, including typical cross sections
and construction details, horizontal and vertical alignments of the
center line of all proposed streets and of all existing streets abutting
the project site. The vertical alignments shall be based on USGS vertical
datum and shall include curbing, sidewalks, storm drains, drainage
structures and cross sections every half and full station of all proposed
streets and of all existing streets abutting the project site. Sight
triangles, the radius of curblines and street sign locations shall
be clearly indicated at all intersections.
(r)
Any protective covenants or deed restrictions applying to the
land being developed shall be indicated on the submitted subdivision
plat or site plan.
(s)
Any proposed permanent monuments shall be shown, in accordance
with the Map Filing Act, N.J.S.A. 46:23-9.9 et seq.
(t)
The applicant shall provide proof of review and approval from
the New Jersey State Delaware and Raritan Canal Commission, where
applicable.
(u)
The applicant shall submit a copy of the site plan application
to the City of Trenton Historic Landmark Commission for advisory review,
where applicable.
(v)
The applicant shall submit a subdivision application to the
Mercer County Planning Board for review and approval.
(w)
The applicant shall submit a recycling plan to the Mercer County
Improvement Authority, as set forth in the county recycling plan,
for any new development of 50 or more single-family units, 25 multifamily
units and 1,000 square feet or more of lot area for commercial or
industrial use.
(2)
Consideration of built context.
(a)
In addition to the above requirements, the Planning Board shall
consider the relation of proposed structures to the surrounding built
environment in its review of site plan applications. Proposed structures
shall be related harmoniously to themselves and to existing topography,
buildings and roads in the vicinity of the project site. The achievement
of a harmonious relationship may include the creation of focal points
with respect to public views of the site, surrounding terrain and
other buildings. Proposed structures shall be sited so as to minimize
any adverse impact upon the surrounding area and particularly upon
any nearby residences by reason of:
(b)
Appropriate natural or artificial screening may be required
to minimize any potential adverse impacts.
(3)
The City and the Planning Board and/or Zoning Board of Appeals reserve
the right to require additional information before granting a preliminary
subdivision and/or site plan hearing or approval when, in their judgment,
such additional information is required in order for the relevant
Board to make an informed decision or when unique circumstances affect
the project site or when the application for development poses special
problems for the project site and the surrounding area. Such information
shall include, but not be limited to, drainage calculations and traffic
impact analyses or engineering studies.
C.
Sustainable design incentives.
(1)
Sustainable design practices and guidelines.
(a)
The City of Trenton shall promote sustainable/"green" design
practices for site planning and building design in accordance with
the following sustainable design guidelines or any official sustainable
design guidelines adopted by the State of New Jersey. Applications
for development are encouraged but not required to comply with these
sustainable design guidelines. As part of all site plan applications,
applicants must indicate what efforts they have made to incorporate
these guidelines into their site plans.
(b)
Sustainable design guidelines:
[1]
Improve energy and water efficiency (thereby reducing energy
costs).
[a]
Orient buildings to the south.
[b]
Site taller buildings to minimize shadows on open
space and other buildings.
[c]
Orient open space to maximize winter solar exposure.
[d]
Provide tree canopy cover and reduce hardscape
in areas with high summer solar exposure.
[e]
Provide opportunities for vegetated screening,
awnings, overhangs, and adjustable shade structures on buildings with
high summer solar exposure.
[f]
Use rooftop gardens to reduce solar gain in summer
and insulate in winter.
[g]
Utilize Energy Star appliances, compact fluorescent
light bulbs (CFLs), low-flow toilets and shower heads or other similar
energy-saving and/or water-saving fixtures.
[2]
Incorporate sustainable site design.
[a]
Minimize disturbed areas by limiting clearing and
grading to a carefully described development envelope.
[b]
Recycle construction and demolition materials.
[c]
Increase the extent of on-site landscaping beyond
the minimum required by this chapter.
[e]
Minimize the need for fertilization and pesticides
while reducing the need for watering by encouraging the growth of
native and well-adapted species.
[f]
Reduce soil erosion.
[g]
Promote natural recharge and infiltration without
the threat of surface contamination.
[h]
Reduce runoff volumes and peak runoff rates.
[i]
Use sustainable stormwater systems, including bioswales/rain
gardens, permeable surfaces, greywater systems, retention and detention
facilities, and continuous trenching.
[j]
Use recycled materials on site.
[k]
Provide safe public access to waterways via pathways
and boardwalks.
[l]
Orient buildings to gather wind for dispersion
of air pollutants.
(2)
Applications proposing to incorporate sustainable/"green" design
practices for site planning and building design as described hereinabove:
(a)
Shall be expedited by the City's Department of Planning and
Economic Development by receiving priority review and consideration
before other applications.
(b)
Density bonus.
[1]
May, at the discretion of the Planning Board, be eligible for
an increase in development density on site of up to 15%, provided
that documentation is prepared by a licensed engineer demonstrating:
[2]
The Planning Board shall grant or deny this density bonus as
part of preliminary site plan review. In each zoning district, a fifteen-percent
increase in the number of housing units, or a fifteen-percent increase
in the square footage of nonresidential uses to include a fifteen-percent
increase in FAR, whichever is applicable, is allowed as a matter of
right if the requirements of this section are met. Bonusable units
or square footage shall reflect the same general unit mix and design
as the nonbonusable units.
A.
Procedure. A final plat or final plan shall be submitted to the administrative
officer within three years after the date of preliminary approval,
or any authorized extension thereof. The applicant shall submit to
the administrative officer, at least 30 days prior to the first regularly
scheduled meeting of the Planning Board or the Zoning Board of Adjustment,
as the case may be:
(1)
Three completed copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 and the items of information required therein, attached to this chapter as Appendix D.
(2)
Six copies of the final subdivision plat and/or site plan at a scale
of not less than one inch equals 50 feet, printed on one of the following
standard sheet sizes: 8 1/2 by 13, 15 by 21, 24 by 36, 30 by
42. The plat and/or plan must be signed and sealed by a New Jersey
professional engineer and folded into eights with the title block
revealed.
(3)
One reduced-scale copy of the plat or plan printed on eleven-by-seventeen-sized
paper.
(5)
An acknowledgment signed by the applicant stating that the applicant
is familiar with the procedure set forth herein for submitting and
acting upon final site plans and final subdivisions and agrees to
be bound by it.
B.
Details required for final site plans.
(2)
All additional details required at the time of preliminary approval.
(3)
Detailed architectural and engineering data, including:
(a)
An architect's third angle projection drawing, with total envelope
dimensions, of each structure and sign or of a typical structure and/or
sign, showing front, side and rear elevations.
(b)
Cross sections, plans, profiles and established grades of all
streets, aisles, lanes and driveways, including center-line geometry
and horizontal alignments with bearings, radii and tangents.
(c)
Plans and profiles of all storm and sanitary sewers and water
mains.
(d)
Satisfaction of City of Trenton art requirement, where applicable.
(4)
The final submission shall be accompanied by a certificate from the
City Tax Collector that all taxes and assessments are paid to date.
A.
Reviewing completeness of applications. The Division of Planning
shall review any of the aforesaid applications for the purpose of
determining, within 45 days of its submission, whether such application
is complete.
(1)
If the application is found to contain all of the information required
by the checklist, the Division of Planning shall certify that the
application is complete.[1]
[1]
Editor's Note: The checklist is included at the end of this chapter.
(2)
If the application is found to lack some of the information required
by the checklist, the Division of Planning shall either:
(a)
Cause the applicant to be notified, in writing, that the application
is incomplete, specifying the deficiencies in the application; or
(b)
If the Division reasonably concludes that the missing items
of information are necessary to make an informed decision on the application
but are not of such significance to cause the application to be deemed
incomplete, the Division may declare the application complete, conditioned
upon the submission of the missing items of information to the administrative
officer within 10 days; or
(c)
If the Division reasonably concludes that the missing items
of information are not necessary for it to make an informed decision
on the application, the Division may waive the requirement that such
items be supplied as a prerequisite for completeness and certify that
the application is complete, notwithstanding the missing items.
(3)
An applicant who has been notified that his/her application is incomplete
may request a waiver of one or more of the submission requirements
set forth in the relevant sections of this chapter. Such request shall
be granted or denied by the Board within 45 days thereafter.
B.
Determination of completeness. On the date the application is certified
complete, or on the 46th day following the submission of the application
in the event the Division of Planning fails to make a determination
of completeness, as the case may be, the applicable time period within
which the Board must act upon the application shall commence. In any
case, the applicant is obliged to prove that she or he is entitled
to approval of the application. The Board may subsequently require
correction of any information found to be in error, may require submission
of additional information not specified in this chapter, or may require
revisions in the application documents as are reasonably necessary
to make an informed decision as to whether the requirements for approval
of the application have been met, provided that the application shall
not be deemed incomplete for lack of any such additional information
or revisions.
C.
Distribution of application. Promptly after certification of completeness,
the application documents shall be distributed by the administrative
officer to the following:
(1)
The Planning Board or the Zoning Board of Adjustment, as the case
may be: seven copies of the preliminary and final plat or plan and
seven copies of the application.
(2)
The Division of Planning: two copies each of the preliminary and
final plat plan and the application.
(3)
The Planning Board or Zoning Board of Adjustment attorney, as the
case may be: one copy each of the preliminary and final plat or plan
and the application.
(4)
The Construction Official: one copy of the preliminary and final
plat or plan.
(5)
The Zoning Officer: one copy of the preliminary and final plat or
plan.
(6)
The Planning Board or Zoning Board of Adjustment Secretary, as the
case may be: one copy of each of the preliminary and final plat or
plan and the application.
(7)
At the direction of the Planning Board or the Zoning Board of Adjustment,
as the case may be, additional copies of the preliminary and final
plat or plan shall be sent to other City, county or state agencies
and officials, including a subdivision or site plan committee as may
be designated by the Board.
D.
Planning staff review. Planning staff shall read any written report
submitted concerning the application and shall itself review the submission
to ascertain its conformity with the requirements of this chapter.
Planning staff shall hold meetings on the application and shall maintain
minutes of the meetings, such minutes to be made a part of the record
of the Board. Planning staff shall offer its recommendations to the
Board.
E.
Public notice of hearing. All hearings held on any applications for subdivision approval and site plan approval shall require public notice of the hearing, unless such requirement is waived by the Planning Board for a minor application. The Division of Planning shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to such hearing date. Notice of the hearing in accordance with the requirements of § 315-35B shall be given by the applicant at least 10 days prior to the date of the hearing.
F.
Time for action by the Board. The Board shall take action on any
site plan and any subdivision application within 45 days after the
application has been certified complete or within such further time
as may be consented to by the applicant. Failure of the Board to act
within the prescribed time period shall constitute approval of the
application, except in the case of the following circumstances:
(1)
Any preliminary site plan or subdivision application which includes any request variance relief pursuant to N.J.S.A. 40:55D-60 and § 315-57B of this chapter shall be acted upon within 120 days, or within such further time as may be consented to by the applicant.
(2)
Any preliminary site plan application involving more than 10 acres of land, more than 10 dwellings or a preliminary subdivision application involving more than 10 lots shall be acted upon within 95 days after the application has been certified complete, or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary site plan or preliminary subdivision application which includes any request variance relief pursuant to N.J.S.A. 40:55D-60 and § 315-57B shall be acted upon within 120 days, or within such further time as may be consented to by the applicant.
(3)
The Planning Board shall take action on a preliminary site plan application or subdivision application under its jurisdiction unless the preliminary site plan or subdivision application is being considered by the Zoning Board of Adjustment simultaneously with an application for a use variance in accordance with N.J.S.A. 40:55D-70d and § 315-30D of this chapter, in which case the Zoning Board of Adjustment shall act on all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment, or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
G.
Approval conditioned on revision.
(1)
Should minor revisions or additions to the plat or plan be deemed
necessary, the Board may grant preliminary approval subject to specified
conditions and receipt of revised plans within 60 days from the date
of such approval. Should major revisions be deemed necessary, the
Board shall require that an amended plat or plan be submitted and
acted upon as in the case of the original application.
(2)
Any proposed subdivision or development determined by the Board to
be creating, imposing, aggravating or leading to the possibility of
an adverse effect upon either the property in question or upon any
adjacent properties may be required to be revised to remove any adverse
effect(s) prior to further review, classification or approval by the
Board.
(3)
Where the remaining portion of the original tract is sufficient to
be subdivided or developed further, the applicant may be required
to submit a sketch of the entire remaining portion of the tract to
indicate a feasible plan whereby the applied for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any adverse
effect.
H.
Minor technical changes to approved plans; administrative review.
Should a minor technical change to an approved plat or plan be required
as a result of field conditions related to code or health and safety
issues, the Planning Board may defer consideration and approval of
such minor technical changes to the Director of the Division of Planning.
I.
Considerations by Board.
(1)
The recommendations of those agencies and officials to whom the plat
or plan was submitted shall be given careful consideration in the
final decision on the development application. If the County Planning
Board approves the submission, such approval shall be noted on the
plat or plan. If the Board acts favorably on the final plat or plan,
the Director of the Division of Planning and the Chairperson and Secretary
of the Board, or the Acting Chairperson or Secretary where either
or both may be absent, shall affix their signatures to at least seven
paper copies of the plat or plan, with the notification that it has
been approved.
(2)
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairperson of the Board to that effect on the plat or plan, and a resolution shall be adopted in accordance with § 315-37 setting forth the reasons for such rejection. One copy of the plat or plan and such resolution shall be returned to the applicant within 10 days of the adoption of such resolution.
A.
Subdivision approval.
(1)
When a subdivision is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least 10 prints of the plat or plan and any related deed descriptions to be filed with the county recording officer by the applicant shall be signed by the Director of the Division of Planning and the Chairperson and Secretary of the Board, or the Acting Chairperson or Secretary where either or both may be absent. No further approval of the application shall be required, and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward to the applicant a copy of the approval resolution, adopted in accordance with § 315-37, within 10 days of its adoption by the Board.
(2)
When a subdivision is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with § 315-37, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.
(3)
Within 190 days from the date of approval by the Board of a minor
subdivision, a plat map drawn in compliance with the approval and
the Map Filing Act, N.J.S.A. 46:23-9.9 et seq., or 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 Chairperson and Secretary of the Board, or
the Acting Chairperson or Secretary where either or both may be absent.
Unless filed within 190 days, the approval shall expire and will require
new Board approval as in the first instance.
(4)
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 by the Board, provided that the
approved minor subdivision shall have been duly recorded.
(5)
Within 95 days of approval by the Board of a final subdivision plat,
the subdivider shall file a copy of same with the Mercer County Clerk.
In the event of failure to file within 95 days, the approval of the
major subdivision shall expire and any further proceedings shall require
the filing of a new application as in the first instance. The Board,
for good cause shown, may extend the filing for an additional 95 days.
B.
Effect of preliminary approval. Preliminary approval shall confer
upon the applicant the following rights for a three-year period from
the date of preliminary approval:
(1)
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;
(2)
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 plat or plan; and
(3)
That the applicant may apply for, and the 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.
C.
Effect of final approval. Final approval of a subdivision or site
plan shall confer upon the applicant the following rights for a period
of two years from the date of final approval:
(1)
The zoning requirements applicable to the final approval first granted
and all other rights conferred upon the developer, whether conditionally
or otherwise, shall not be changed.
(2)
If the developer has followed the standards prescribed for final
approval, the Board may extend the period of protection for extensions
of one year each, not exceeding three such extensions.
D.
Effective term of use variance approval. Approval of a use variance
granted by the Zoning Board of Adjustment shall expire after two years
from the date of granting of the variance if no construction, alteration
or conversion has commenced within such time.
