A.
Except as may be otherwise required or provided for
within this chapter, within the City of Linwood, compliance with preliminary
and final site plan review will be required for all new construction,
all building conversions and alterations and all change in use, with
the exception of single-family detached dwellings which are part of
the total development of three or fewer lots. Review will be conducted
prior to any excavation or removal of soil, site improvement, demolition
or construction. Without approval, neither a building permit nor certificate
of occupancy will be issued. The site plan approval process should
not be eliminated on change of use, even when there are no substantial
changes being made to the property, and even though parking requirements
are being met, unless the application for development is declared
to be exempt by the Site Plan Review Committee. Some parts of the
site plan process may be waived on an individual basis, but the review
process is important to upgrade properties that are subject to site
plan review.
B.
Any division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development shall require subdivision approval, except for divisions which are expressly not to be considered subdivisions as defined in § 277-3 of this Code and N.J.S.A. 40:55D-7.
A.
Content. Each application for approval of a minor
subdivision, minor site plan, preliminary major subdivision, preliminary
site plan, final major subdivision, final site plan or conditional
use, as the case may be, and each application for variance relief,
shall include all information and data listed in the appropriate corresponding
checklist as set forth in this chapter.
B.
Complete application. The Planning Board Secretary
along with the Board professionals, whichever the case may be, shall
review all applications and accompanying documents required by this
chapter for the Board to determine that the application is complete.
For purposes of commencing the applicable time period for action by
a municipal agency, an application for development shall be deemed
complete when so certified by the Board. The application shall be
deemed complete upon the expiration of the forty-five-day period for
purposes of commencing the applicable time period unless (i) the application
lacks information indicated on the checklist for such application
below; and (ii) the Planning Board has notified the applicant, in
writing, of the deficiencies in the application within 45 days of
submission of the application. The applicant may request that one
or more submission requirements be waived, in which event the Planning
Board shall refer the request to the appropriate Board within 45 days.
Nothing herein shall be construed as diminishing the applicant's obligation
to prove in the application process that he is entitled to approval
of the application. The Planning Board may subsequently require correction
of any information found to be in error and submission of additional
information not specified in the checklist or any revisions in the
accompanying documents, as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application for development have been met. The application shall
not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
Planning Board.
[Amended 4-11-2018 by Ord. No. 6-2018]
No subdivision or site plan involving any street(s)
requiring additional right-of-way width as specified in the Master
Plan or Official Map or the street requirements of this chapter shall
be approved unless such additional right-of-way, either along one
or both sides of said street(s), as applicable, shall be deeded to
the City or other appropriate governmental agency.
A.
When required. The Board may require a traffic impact
statement as part of preliminary approval of a major subdivision or
site plan if, in the opinion of the Board, the development could have
an adverse impact on the road network, ingress/egress or on-site circulation.
C.
Submission format. All traffic impact statements shall
provide a description of the impact and effect of the proposed land
development upon all roads, which are adjacent to or immediately affected
by traffic and shall specifically address the following items:
(1)
Existing conditions in the vicinity of the proposed
project, including:
(3)
Traffic impacts caused by the proposed development
as per change in existing conditions.
(4)
Explanation of traffic reduction/traffic management
plans necessary pursuant to any current federal, state or county requirements.
(5)
Recommendations for alleviating or diminishing any
possible congestion or disruption to the established traffic pattern.
(6)
Any other information requested by the appropriate
Board reasonably required to make an informed assessment of potential
traffic impacts.
[Amended 8-12-2020 by Ord. No. 6-2020]
A.
Informal review of concept plan. Applicants may request an informal
review of a concept plan for a development for which the developer
intends to prepare and submit an application for development. If an
informal review is permitted by the Land Use Board, the amount of
any fees for such an informal review shall be a credit toward fees
for review of the application for development. The developer shall
not be bound by any concept plan for which review is requested, and
the Land Use Board shall not be bound by any such review.
B.
Administrative review. Applicants may request an administrative review
for minor revisions and/or additions to an existing site plan. A request
for an administrative review must be accompanied by a current survey
or site plan along with the application for administrative review.
The application shall be limited to the changes proposed and shall
provide sufficient information to fully describe the changes proposed.
No more than two administrative reviews shall be granted per applicant,
provided that the Land Use Board Engineer determines that the cumulative
effect of the changes does not significantly alter the plan as originally
approved. The Land Use Board Engineer shall determine if an administrative
remedy is appropriate for each particular case and shall be empowered
to grant approval in lieu of Land Use Board action, if the application
is one of the following and does not require any variances or waivers:
(1)
Building addition to a nonresidential use of less than 500 square
feet or 15% of the total existing floor area.
(2)
Signage which conforms to the requirements of the City Code.
(3)
Change in parking of five spaces or 5% of the existing parking area,
whichever is less, provided that the changes in parking do not affect
site circulation patterns.
(4)
Changes to landscaping which conform to the City Code and enhance
the aesthetic appeal of properties.
(5)
Modifications or improvements to stormwater systems provided the
applicant demonstrates that there are not any existing stormwater
issues at the site and that the proposed modifications will not result
in any off-site stormwater impacts.
(6)
Phasing or staging of improvements related to an improved site plan.
(7)
A change in use, provided that the desired use is permitted in the
zone.
(8)
Other changes to a project which are deemed sufficiently minor in
nature by the Land Use Board Engineer and Zoning Officer so as to
not require formal approval by the Land Use Board.
A.
Submission requirements. Submission requirements for
minor subdivision and site plan approval are provided in the Minor
Subdivision and Site Plan Checklist.
B.
Minor subdivision classification. The Planning Board
or the designated Subdivision Committee thereof shall classify the
application.
[Amended 4-11-2018 by Ord. No. 6-2018]
C.
Site plan classification.
(1)
Site Plan Review Committee. A Site Plan Review Committee
consisting of three members shall be established. Said members shall
be appointed by the Planning Board Chairman and shall be members of
the Planning Board. In addition to the appointed members, the Committee
may consult on an ad hoc basis with other members of the Planning
Board, the Planning Board Solicitor and Engineer and such other persons,
experts or officials as may be necessary and appropriate.
(2)
Functions of Committee. The primary function of the
Site Plan Review Committee shall be to classify applications where
exemption from site plan review is being requested. Applications for
site plan review shall be classified as "exempt" or "nonexempt." Where
an application is classified "nonexempt" and the literal enforcement
of one or more provisions of this chapter is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question, the Committee may make recommendations to the
Planning Board regarding waivers or exceptions from the requirements
for site plan approval. In addition to the foregoing, the Committee
may, from time to time, be assigned such duties as the Chairman of
the Planning Board may deem desirable and appropriate.
(3)
Time limit for classifications; meetings. The Site
Plan Review Committee shall classify applications for site plan review
within 30 days after submission of a complete application. The Committee
shall report all such classifications to the full Board at its regularly
scheduled meeting following such action. In the event that the Committee
does not act to classify an application, the application shall be
deemed nonexempt, the applicant shall be notified by the Secretary
of the Planning Board, and the matter may be submitted to the Planning
Board for formal site plan review upon filing of a formal application
and payment of application fees. The Committee may meet at such times
during the month as are convenient and reasonable in order to facilitate
the classification and processing of applications and to accommodate
the applicant.
(4)
Classification of applications. In all situations
where site plan review is requested, the application shall be submitted
to the Site Plan Review Committee for classification. The application
shall be on forms supplied by the Secretary of the Planning Board
for classification purposes. In addition to the information called
for in the standard form, the Committee may request such further information,
plans or data as may be necessary or appropriate for classification
purposes. The Committee shall classify applications as "nonexempt"
unless, in the judgment of the Committee, the following conditions
are met:
(a)
Under circumstances where a change in use is
contemplated, the superseding use is:
[1]
Of the same or lesser intensity than its previously
existing use, or the superseding use is of such a character that it
will not deleteriously impact on site access and egress, the necessity
for on-site parking, internal traffic circulation, etc.; and
[2]
There are no existing conditions on the site
regarding access and egress, internal traffic, circulation, on-site
parking, drainage, signage, site lighting, rectification, buffers,
etc., which require modification in the interest of the public health,
safety and welfare.
(b)
In situations where new construction, alterations
or conversions are involved, such work is so limited in scope or otherwise
of such a nature as it will not have a material deleterious impact
on intensity of use of the site, access and egress thereto, the necessity
for on-site parking, internal traffic circulation, drainage, etc.,
and there are no existing conditions on the site regarding internal
traffic circulation, on-site parking, drainage, signage, site lighting,
landscaping, buffers, etc., which require rectification, amelioration
or modification in the interest of the public health, safety and welfare.
(5)
Unanimous action is required for "exempt" classification.
(6)
Classification of an application as exempt shall require
the unanimous action of the Committee; otherwise, the application
shall be deemed "nonexempt."
(7)
Appeal to Planning Board. Any applicant in disagreement
with the classification assigned may request and shall receive review
of the Committee's decision by the Planning Board at a regularly scheduled
meeting. In connection with such review, a majority of the Planning
Board members present and voting shall be dispositive.
D.
Preliminary review.
(1)
Upon receipt of the application and accompanying exhibits,
the Board will distribute copies of the application and attached exhibits
to the Board Engineer, and any other official or agency who or which
may be affected by the proposed application.
(2)
Officials and agencies shall forward reviews and recommendations,
in writing, to the Board within 30 days of receipt.
E.
Board action.
(1)
Except for applications governed by the time limits,
the Board shall approve, conditionally approve, or deny a minor subdivision
or site plan within 45 days of the submission of a complete application,
unless the applicant shall extend the period of time within which
the Board may act.
(2)
Failure of the Board to act within the period prescribed
shall constitute minor subdivision or site plan approval, and a certificate
of the Administrative Officer as to the failure of the Board to act
shall be issued on request of the applicant. The certificate shall
be sufficient in lieu of the written endorsement or other evidence
of approval, herein required, and shall be so accepted by the County
Register for purposes of filing subdivision plats or deeds.
F.
Effect of approval. Approval of a minor subdivision
or site plan shall be deemed final approval, provided that the Board
may condition such approval on the provision of improvements as may
be required. The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision or
site plan approval was granted shall not be changed for a period of
two years after the date on which the resolution of approval is adopted,
provided that the approved minor subdivision shall have been duly
recorded in accordance with the section below.
G.
Expiration of minor subdivision. Approval of a minor
subdivision shall expire 190 days from the date on which the resolution
of approval is adopted unless within such period a plat in conformity
with such approval and the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.,
or a deed clearly describing the approved minor subdivision is filed
by the developer with the County Register, the Board Engineer and
the City Tax Assessor. Any such plat or deed accepted for such filing
shall have been signed by the Board Chairperson and Secretary. In
reviewing the application for development for a proposed minor subdivision,
the Board may accept a plat not in conformity with N.J.S.A. 46:23-9.9
et seq.; provided that if the developer chooses to file the minor
subdivision as provided herein by plat rather than deed such plat
shall conform with the provisions of said act.
H.
Extensions of minor subdivision or site plan approval.
(1)
The Board may extend the one-hundred-ninety-day period
for filing a minor subdivision plat or deed pursuant to this chapter
if the developer proves to the reasonable satisfaction of the Board:
(a)
That the developer was barred or prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities; and
(b)
That the developer applied promptly for and
diligently pursued the required approvals. The length of the extension
shall be equal to the period of delay caused by the wait for the required
approvals, as determined by the Board. The developer may apply for
the extension either before or after what would otherwise be the expiration
date.
(2)
The Board shall grant an extension of minor subdivision
or site plan approval for a period determined by the Board, but not
exceeding one year from what would otherwise be the expiration date,
if the developer proves to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental agencies and that
the developer applied promptly for and diligently pursued the required
approvals. The developer shall apply for the extension before (a)
what would otherwise be the expiration date of minor subdivision approval;
or (b) the 91st day after the developer receives the first legally
required approval from other governmental entities, whichever occurs
later.
I.
Lands resulting from minor subdivision. Any lands,
lots or parcels resulting or remaining from a minor subdivision may
not be submitted as a minor subdivision for 24 months from the date
of initial approval.
B.
Preliminary review.
(1)
Upon receipt of the application and accompanying exhibits,
the Planning Board will distribute copies of the application and attached
exhibits to the Board Engineer, and any other official or agency who
or which may be affected by the proposed application.
(2)
Officials and agencies shall forward reviews and recommendations,
in writing, to the Planning Board within 30 days of receipt.
C.
Board action.
(1)
Subdivisions.
(a)
Except for applications governed by the time
limits, the Board shall approve, conditionally approve or deny a preliminary
major subdivision application of 10 or fewer lots within 45 days after
the submission of a complete application, unless the applicant shall
extend the period of time within which the Board may act.
(b)
The Board shall approve, conditionally approve
or deny a preliminary major subdivision application of more than 10
lots within 95 days after the submission of a complete application,
unless the applicant shall extend the period of time within which
the Board may act.
(c)
Failure of the Board to act within the time
prescribed shall constitute preliminary major subdivision approval,
and a certificate of the Administrative Officer as to the failure
of the Board to act shall be issued on request of the applicant. Said
certificate shall be sufficient in lieu of the written endorsement
or other evidence of approval herein required, and shall be accepted
by the County Register for purposes of filing subdivision plats.
(d)
If the Planning Board required 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 this chapter and the Municipal
Land Use Law, grant preliminary approval.
(2)
Site plans.
(a)
Except for applications governed by the time
limits, the Board shall approve, conditionally approve or deny a preliminary
major site plan which involves 10 acres of land or less, and 10 dwelling
units or less, within 45 days after the submission of a complete application,
unless the applicant shall extend the period of time within which
the Board may act.
(b)
The Board shall approve, conditionally approve
or deny the preliminary major site plan of more than 10 acres or more
than 10 dwelling units within 95 days after the application is certified
complete, unless the applicant shall extend the period of time within
which the Board may act.
(c)
Failure of the Board to act within the time
prescribed shall constitute preliminary major site plan approval,
and a certificate of the Administrative Officer as to the failure
of the Board to act shall be issued on request of the applicant. Said
certificate shall be sufficient in lieu of a written endorsement or
other evidence of approval herein required.
D.
Substantial modification.
(1)
If any substantial modification is proposed or required
after preliminary approval has been granted, an application for such
a modification shall be submitted and proceeded upon as in the case
of the original application for development. The applicant may apply
for modification approval either independently of or concurrently
with an application for final approval. In either case, notice pursuant
to this chapter and N.J.S.A. 40:55D-1 et seq. shall be required and
shall state the nature of the proposed modification. A substantial
modification shall mean one which (1) increases density of development,
(2) increases the square footage of buildings, (3) proposes a different
use, (4) would result in increased adverse impact upon properties
in the immediate area with respect to factors such as, but not limited
to, noise, glare, and increased drainage runoff, or (5) materially
changes a required element of the development plan. Any modification
which decreases the number of proposed lots, dwelling units, number
of square feet, density or intensity of use shall not be considered
a substantial modification so long as there is no proposed change
of use and no additional variances or exceptions are required.
(2)
If the Planning Board required 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 this chapter and the Municipal Land Use
Law, grant preliminary approval.
E.
Effect of preliminary approval. Preliminary approval
of a major subdivision or site plan, except as provided in this section,
shall confer upon the applicant the following rights for a three-year
period from the date on which the resolution granting preliminary
approval is adopted:
(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 sizes; yard dimensions and off-tract improvements;
and in the case of a site plan, any requirements peculiar to site
plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing
herein shall be construed to prevent the City from modifying by ordinance
such general terms and conditions of preliminary approval as related
to public health and safety.
(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 subdivision plat or site
plan, as the case may be.
(3)
That the applicant may apply for and the Board may
grant extension 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.
(4)
Whenever the Board grants an extension of preliminary
approval pursuant to the previous subsections above and preliminary
approval has expired before the date on which the extension was granted,
the extension shall begin on what would otherwise be the expiration
date. The developer may apply for an extension either before or after
what would otherwise be the expiration date.
(5)
The Board shall grant an extension of preliminary
approval for a period determined by the Board but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. The developer shall
apply for the extension before (a) what would otherwise be the expiration
date of the preliminary approval, or (b) the 91st day after the developer
received the last legally required approval from other governmental
entities, whichever is later. An extension granted pursuant to this
subsection shall not preclude the Board from granting an extension
pursuant to the previous subsections above.
F.
Simultaneous preliminary and final site plan approval.
Combined preliminary and final site plan approval may be granted,
provided all submission requirements for both applications are met.
The time limit within which the Board shall act shall be the longest
time permitted for either of the two approvals.
A.
Submission requirements. Submission requirements for
final major subdivision and site plan approval are provided in the
Final Major Subdivision and Final Site Plan Checklist.
B.
Preliminary review.
(1)
Upon receipt of the application and accompanying exhibits,
the Planning Board will distribute copies of the application and attached
exhibits to the Board Engineer, and any other official or agency who
or which may be affected by the proposed application.
(2)
Officials and agencies shall forward reviews and recommendations,
in writing, to the Planning Board within 30 days of receipt.
C.
Board action.
(1)
The 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 for preliminary approval, and, in the case
of a major subdivision, the standards prescribed in the Map Filing
Law, P.L. 1960, c. 141.[1]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
Final approval shall be granted or denied within 45
days after submission of a complete application or within such further
time as may be consented to by the applicant. Failure of the Board
to act within the period prescribed shall constitute final approval,
and a certificate of the Administrative Officer as to the failure
of the Board to act shall be issued on request of the applicant. The
certificate shall be sufficient in lieu of the written endorsement
or other evidence of approval, herein required, and, in the case of
subdivision plans, shall be so accepted by the County Register for
purposes of filing.
(3)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.1 or 40:27-6.6,
the Board shall condition its approval upon timely receipt of a favorable
report on the application by the County Planning Board or approval
by the County Planning Board by its failure to report thereon within
the required time period.
D.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer,
whether conditionally or otherwise, shall not be changed for a period
of two years after the date on which the resolution of final approval
is adopted; provided that in the case of major subdivision the rights
conferred by this section shall expire if the plat has not been duly
recorded within the time period provided below. If the developer has
followed the standards prescribed for final approval and, in the case
of subdivision, has duly recorded the plat with the County Register
in accordance with requirements below, the 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 terminates the time period of preliminary approval
for any section of the development which is granted final approval.
(2)
Whenever the Board grants any extension of final approval
pursuant to the preceding subsection, and final approval has expired
before the date on which the extension is granted, the extension shall
begin on what would otherwise be the expiration date. The developer
may apply for the extension either before or after what would otherwise
be the expiration date.
(3)
The Board shall grant an extension of final approval
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued these approvals. A developer shall apply
for an extension before (a) what would otherwise be the expiration
date of final approval, or (b) the 91st day after the developer receives
the last legally required approval from other governmental entities,
whichever occurs later. An extension granted pursuant to this subsection
shall not preclude the Board from granting an extension pursuant to
the preceding subsections.
E.
Conditions of approval.
(1)
Conditions binding. All conditions of preliminary
and final approval shall be binding upon the applicant, all present
and future owners, tenants, users and occupants of the property and
their respective successors and assigns.
(2)
Failure to maintain. The applicant and any successor
in interest shall be responsible for installing and maintaining in
good order and condition all required improvements and landscaping,
unless such improvements in landscaping are to be installed by, and/or
dedicated to and maintained by the City, county or another party,
under the terms of approval granted by the Board. Such required improvements
shall include, but not be limited to, parking improvements, buffer
zones, drainage facilities, exterior lighting and landscaping. Failure
of any responsible party to install and/or maintain required improvements
or landscaping shall constitute a violation of this chapter and shall
be subject to the enforcement procedures set forth herein.
F.
Expiration of final major subdivision approval.
(1)
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 applicant with the county.
The 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. The Board may extend the ninety-five-day or one-hundred-ninety-day
period if the applicant proves to the reasonable satisfaction of the
Board (a) that the applicant was barred or prevented, directly or
indirectly, from filing because of delays in obtaining legally required
approvals from other governmental or quasi-governmental entities;
and (b) that the applicant applied promptly for and diligently pursued
required approvals. The length of the extension shall be equal to
the period of delay caused by the wait for the required approvals,
as determined by the Board. The developer may apply for an extension
either before or after the original expiration date.
(2)
No subdivision plat shall be accepted for filing by
the county until it has been approved by the Board as indicated on
the instrument by the signature of the Chairperson and Secretary of
the Board. The signatures of the Board Chairperson and Secretary shall
not be affixed until the developer has posted the performance guarantees
required by this chapter and has satisfied all other applicable conditions
of final approval. If the county 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.
Applications for amended site plan or subdivision
review shall be governed by the same requirements as all other applications
for subdivision or site plan approval.
The submission requirements and review process
for conditional use applications shall be the same as for a major
site plan, except as set forth below.
A.
The Board shall grant or deny an application for conditional
use approval within 95 days of submission of a complete application
or within such further time as may be consented to by the applicant.
If relief is requested pursuant to N.J.S.A. 40:55D-70d, the Board
shall grant or deny within 120 days of submission of a complete application
or within such further time as may be consented to by the applicant.
B.
The Board shall approve or deny a conditional use
application simultaneously with any accompanying subdivision and/or
site plan application. The longest time period for action by the Board,
whether it be for subdivision, conditional use or site plan approval,
shall apply. Whenever approval of a conditional use is requested by
the applicant, notice of the hearing on the application shall include
reference to the request for conditional use approval.
A.
Whenever review or approval of a development application
by the County Planning Board is required by N.J.S.A. 40:27-6.3 or
40:27-6.6, the Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board. The County Planning Board's failure to report thereon
within the required time period provided by law shall be considered
a favorable response.
B.
Whenever County Planning Board review or approval
is required, the applicant shall be responsible for filing all necessary
applications, plans, reports and other documents directly with the
County Planning Board.
A.
When all conditions of any minor, preliminary or final
approval have been met, the applicant shall submit to the Board Secretary
eight copies of the approved plan(s) with all revisions required by
the conditions of approval. The approved plan(s) shall be signed by
the Board Chairperson, Board Secretary and Engineer. Two signed copies
shall be returned to the applicant.
B.
In addition to the foregoing, whenever any subdivision
is to be perfected by the filing of the approval plat with the County
Register in conformance with the Map Filing Law,[1] the applicant shall submit to the Board Secretary, simultaneously with the plans described in Subsection A above, two Mylars and at least eight paper prints of the plat intended for recording. Provided that it conforms to the Map Filing Law, the plat intended for recording shall be signed by the Board Chairperson, Board Secretary and Engineer simultaneously with the signing of the approved plans submitted pursuant to Subsection A above. After signing, one Mylar and all paper prints of the plat so signed shall be returned to the applicant for recording with the County Register.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
C.
Following the filing of any approved subdivision plat
or minor subdivision deed with the County Register, the applicant
shall promptly deliver to the Board Secretary at least six copies
of the filed plat or recorded deed, as the case may be. The Board
Secretary shall then distribute copies of the same.
D.
Whenever any subdivision is to be perfected by the
filing of the approved plat with the County Register, and when the
engineering review of such subdivision has been performed by the Board
Engineer, the plat intended for recording shall be signed by the Board
Engineer.
No application for development shall be deemed
complete unless the items, information and documentation listed in
the applicable checklist are submitted to the Board. If any required
item is not submitted, the applicant must request a waiver in writing
and state the reasons supporting each such request.
A.
General requirements.
|
1.
|
The appropriate application form (original and
14 photocopies). If any item is not applicable to the applicant, it
should so be indicated on the application form(s).
| |
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2.
|
Affidavit of ownership. If applicant is not
the owner, the applicant's interest in the land; e.g., tenant, contract/purchaser,
lienholder, etc.
| |
|
3.
|
If a corporation, partnership or LLC, list the
names and addresses of all stockholders, individual partners or other
principals owning at least 10% of its stock of any class, or 10% of
the partnership or other entity as required by N.J.S.A. 40:55D-48.1
et seq.
| |
|
4.
|
Number of witnesses proposed to be presented
and their expertise, if any.
| |
|
5.
|
Statement as to any requirements for which waiver
is sought, together with a statement of reasons why waivers should
be granted.
| |
|
6.
|
Four photographs of the site and buildings,
plus 14 photocopies of same.
|
B.
Minor subdivision and minor site plan checklist.
|
Application for Approval of Minor Subdivisions
and Minor Site Plans
| |||||
|---|---|---|---|---|---|
|
Submitted
|
Waiver Requested
| ||||
|
If waiver is requested, reasons shall be indicated
in a separate submission.
| |||||
|
1.
|
Plat or plan drawn and sealed by a PE, LS, PP
or RA as permitted by law and based on a current survey
| ||||
|
2.
|
Scale: 1" = 50' or as approved by Board Engineer
| ||||
|
3.
|
Current survey upon which plat or plan is based
| ||||
|
4.
|
Map size: 24" x 36"
| ||||
|
5.
|
Key map: 1,000-foot radius, street names, zoning
districts
| ||||
|
6.
|
Title block and basic information:
| ||||
|
a.
|
Title
| ||||
|
b.
|
Date of original preparation and date(s) of revision
| ||||
|
c.
|
North arrow and reference meridian
| ||||
|
d.
|
Ratio scale and graphic scale
| ||||
|
e.
|
Tax Map block, lot numbers and zone
| ||||
|
f.
|
Name, address and license number of person preparing plat or
plan, signed and sealed
| ||||
|
g.
|
Name and address of owner of record and applicant, if different
from the owner
| ||||
|
7.
|
Signature of the applicant, and, if the applicant
is not the owner, the signed consent of the owner
| ||||
|
8.
|
A map of the entire tract or property showing
the location of that portion to be divided therefrom, giving all distances
and showing all roads abutting or transversing the property. Development
boundaries shall be clearly delineated.
| ||||
|
9.
|
The name of all adjoining property owners as
disclosed by the most recent City tax records
| ||||
|
10.
|
Names of adjoining municipalities within 200
feet
| ||||
|
11.
|
The location of existing and proposed, including
details:
| ||||
|
a.
|
Property lines
| ||||
|
b.
|
Streets (with right-of-way widths)
| ||||
|
c.
|
Buildings (with an indication as to whether
existing buildings will be retained or removed)
| ||||
|
d.
|
Buildings within 200 feet of the site
| ||||
|
e.
|
Parking spaces and loading areas
| ||||
|
f.
|
Roadways, driveways and curbs
| ||||
|
g.
|
Watercourses
| ||||
|
h.
|
Bridges
| ||||
|
i.
|
Drainage pipes and other improvements
| ||||
|
j.
|
Natural features and treed areas, both on the
tract and within 200 feet of its boundary
| ||||
|
k.
|
Sewer, water and other utilities
| ||||
|
l.
|
Lighting, including photometrics and landscaping
| ||||
|
m.
|
Signage, including details
| ||||
|
n.
|
Refuse areas
| ||||
|
12.
|
Area in square feet of all existing and proposed
lots; number of new lots created
| ||||
|
13.
|
Bearings and distances of all existing and proposed
property lines, with any existing lot lines to be eliminated by the
proposed subdivision clearly indicated
| ||||
|
14.
|
Sufficient elevations or contours at 2-foot
intervals, including finished grades and finished floor elevations
| ||||
|
15.
|
The location and width of all existing and proposed
utility, drainage and other easements, including, but not limited
to, sight triangle easements
| ||||
|
16.
|
Front, side, and rear setback lines
| ||||
|
17.
|
Chart of the zoning requirements for the zone,
what is proposed, and variances indicated
| ||||
|
18.
|
Delineation of floodplain and wetlands areas
| ||||
|
19.
|
A copy of any protective covenants or deed restrictions
applying to the lands being subdivided or developed
| ||||
|
20.
|
15 sets of folded plans
| ||||
|
21.
|
For subdivisions, if the applicant intends to
file the approved subdivision with the county, the plat shall be prepared
in compliance with the Map Filing Law, P.L. 1960, c.141 (N.J.S.A.
46.23-9.9 et seq.) and bear the signature block
| ||||
|
Checklist prepared by:
|
Date:
| ||||
|
Checklist reviewed by Board:
|
Date:
| ||||
|
Application found complete on:
| |||||
|
Application found incomplete on:
| |||||
C.
Preliminary Major Subdivision and Site Plan Checklist.
|
Application for Preliminary Approval of
Major Subdivisions and Site Plans
| |||||
|---|---|---|---|---|---|
|
Submitted
|
Waiver Requested
| ||||
|
If waiver is requested, reasons shall be indicated
in separate submission.
| |||||
|
1.
|
Plat or plan drawn and sealed by a PE, LS, PP
or RA as permitted by law and based on a current survey
| ||||
|
2.
|
Scale: 1" = 50' or as approved by Board Engineer
| ||||
|
3.
|
Current survey upon which plat or plan is based,
signed and sealed
| ||||
|
4.
|
Map size: 24" x 36"
| ||||
|
5.
|
Title block and basic information:
| ||||
|
a.
|
Title
| ||||
|
b.
|
Date of original preparation and date(s) of
revision
| ||||
|
c.
|
North arrow and reference meridian
| ||||
|
d.
|
Ratio scale and graphic scale
| ||||
|
e.
|
Tax Map block, lot numbers and zone
| ||||
|
f.
|
Name, address and license number of person preparing
plat or plan
| ||||
|
g.
|
Name and address of owner of record and applicant,
if different from the owner
| ||||
|
(Where more than one sheet is required, the
above information shall appear on each sheet and all sheets shall
be appropriately labeled, numbered and bound.)
| |||||
|
6.
|
The first sheet of a series of plats or plans
submitted for preliminary approval shall contain, in addition to the
above, the following:
| ||||
|
a.
|
A key map at a scale of 1" = 400' or less showing
zone boundaries
| ||||
|
b.
|
The names and addresses, lot and block numbers
of all property owners within 200 feet of the tract boundary line,
including adjoining municipalities
| ||||
|
c.
|
Signature blocks for the Board Chairperson and
Board Engineer
| ||||
|
d.
|
Zoning Map and chart of the zoning requirements
for the zone, what is proposed, and variances indicated
| ||||
|
e.
|
USGS and NWI Maps
| ||||
|
7.
|
Existing and proposed contours and elevations
at one-foot intervals
| ||||
|
8.
|
For site plans, a grading plan showing, at one-foot
contour intervals, existing and proposed contours and elevations
| ||||
|
9.
|
The location of existing watercourses and any
natural features, including floodplains and wetlands on the site and
within 50 feet
| ||||
|
10.
|
The area of the tract to be subdivided or developed
in square footage and the location, lot area, width and depth of any
existing lot or lots proposed to be subdivided
| ||||
|
11.
|
Location of all existing and proposed buildings
and subsurface structures, with building setbacks, front, side and
rear yard distances
| ||||
|
12.
|
Location of all structures within 200 feet of
the property
| ||||
|
13.
|
A stormwater management plan including construction
details showing the location, type and size of any existing and proposed
bridges, culverts, drainpipes, catch basins and other storm drainage
facilities, including Stormwater Analysis Report
| ||||
|
14.
|
A soil erosion and sediment control plan
| ||||
|
15.
|
A circulation plan showing proposed vehicle,
bicycle and pedestrian circulation systems. The plan shall include
the locations, typical cross-sections, center line profiles, width
of rights-of-way, edge of pavement, curbs, sidewalks and type of paving
for all proposed new streets and paths. Road cross-sections shall
be every 50 feet along center line. Profile shall be at a scale of
1 inch equals 5 feet vertical; 1 inch equals 50 feet horizontal.
| ||||
|
16.
|
Plans of proposed potable water, sanitary sewer
utility systems showing feasible connections to existing or any proposed
system
| ||||
|
17.
|
Location of any proposed off-street parking
areas and driveways with sight distance profiles with dimensions showing
parking spaces, loading docks and access drives and a traffic circulation
pattern showing all ingress and egress to the site
| ||||
|
18.
|
Location and description of all proposed signs
and exterior lighting, including details
| ||||
|
19.
|
Provision for storage and disposal of solid
wastes
| ||||
|
20.
|
For site plans, the preliminary floor plans
and preliminary building elevation drawings showing all sides of any
proposed building or buildings
| ||||
|
21.
|
All proposed buffers, landscaping, fences, walls,
hedges or similar facilities. The landscaping plan shall show in detail
the location, size and type of all plant material, including ground
cover, to be used on the site. Common names of all landscaping material
shall be indicated.
| ||||
|
22.
|
A copy of any protective covenants or deed restrictions
applying to the land and being subdivided or developed and a notation
on the plat or plan of any easements required by the Board, such as,
but not limited to, sight triangle easements. Said easements may also
include utility lines, public improvements and ingress and egress
for emergency vehicles.
| ||||
|
23.
|
A copy of such guarantees, covenants, master
deed or other document which shall satisfy the requirements of the
Board for the construction and maintenance of any proposed common
areas, landscaping, recreational areas, public improvements and buildings
| ||||
|
24.
|
A list of all licenses, permits or other approvals
required by law, including proof of service
| ||||
|
25.
|
A letter of intent stating the following: type
of structures to be erected, nature of nonresidential use, if any,
approximate date of construction start and estimated number of lots
on which final approval will be requested
| ||||
|
26.
|
The Board may require the applicant to submit
a traffic impact statement as part of preliminary approval if, in
the opinion of the Board, the development could have an adverse effect
on off-site traffic and circulation.
| ||||
|
Applicant shall submit 15 sets of folded plans.
| |||||
|
Checklist prepared by
|
Date:
| ||||
|
Checklist reviewed by Board:
|
Date:
| ||||
|
Application found complete on:
| |||||
|
Application found incomplete on:
| |||||
|
Applicant notified on:
| |||||
D.
Final Major Subdivision and Site Plan Checklist.
|
Application for Final Approval of Major
Subdivisions and Site Plans
| |||||
|---|---|---|---|---|---|
|
Submitted
|
Waiver Requested
| ||||
|
If waiver is requested, reasons shall be indicated
in separate submission.
| |||||
|
1.
|
Plat or plan drawn and sealed by a PE, LS, PP
or RA as permitted by law and based on a current survey
| ||||
|
2.
|
Scale: 1" = 50' or as approved by Board Engineer
| ||||
|
3.
|
Current survey upon which plat or plan is based,
signed and sealed
| ||||
|
4.
|
Map size: 24" x 36"
| ||||
|
5.
|
Title block and basic information:
| ||||
|
a.
|
Title
| ||||
|
b.
|
Date of original preparation and date(s) of
revision
| ||||
|
c.
|
North arrow and reference meridian
| ||||
|
d.
|
Ratio scale and graphic scale
| ||||
|
e.
|
Tax Map block, lot numbers and zone
| ||||
|
f.
|
Name, address and license number of person preparing
plat or plan
| ||||
|
g.
|
Name and address of owner of record and applicant,
if different from the owner
| ||||
|
(Where more than one sheet is required, the
above information shall appear on each sheet and all sheets shall
be appropriately labeled, numbered and bound.)
| |||||
|
6.
|
Tract boundary lines, right-of-way lines of
streets, street names, easements and other rights-of-way, land to
be reserved or dedicated to public use, all lot lines and other site
lines, with accurate dimensions, bearings or deflection angles, radii
arcs and central angles of all curves, or as required by the Map Filing
Law
| ||||
|
7.
|
The purpose of any easement or land reserved
or dedicated to public use such as, but not limited to, sight triangle
easements, and the proposed use of sites other than residential
| ||||
|
8.
|
The front, side and rear building setback lines
| ||||
|
9.
|
Improvement plans in accordance with the City
standards for roads and utilities
| ||||
|
10.
|
Statement that final plan is consistent with
preliminary plan, and if not, how and why they differ
| ||||
|
11.
|
All additional information, changes or modifications
required by the Board at the time of preliminary approval
| ||||
|
12.
|
A statement from the City Engineer that all
improvements required by the Board for preliminary approval have been
installed in compliance with all applicable laws
| ||||
|
13.
|
If improvements have not been installed, then
a statement from the City Clerk shall accompany the application for
final approval stating that:
| ||||
|
a.
|
A recordable developer's agreement with the
City has been executed
| ||||
|
b.
|
A satisfactory performance guarantee has been
posted
| ||||
|
c.
|
The City has received all escrow and inspection
fees
| ||||
|
14.
|
Proof that all taxes and assessments for local
improvements on the property have been paid
| ||||
|
15.
|
If the requirement improvements have been installed,
the application for final approval shall be accompanied by a statement
from the City Clerk that a satisfactory maintenance bond has been
posted.
| ||||
|
16.
|
A letter from the Fire Department, signed by
the Chief, stating that water lines and fire hydrants are adequate
for fire protection and that there is sufficient access for emergency
vehicles
| ||||
|
17.
|
Applicant shall submit 15 sets of folded plans.
| ||||
|
Checklist prepared by:
|
Date:
| ||||
|
Checklist reviewed by Board:
|
Date:
| ||||
|
Application found complete on:
| |||||
|
Application found incomplete on:
| |||||
E.
Variance Application Checklist.
|
Variance Checklist
| |||||
|---|---|---|---|---|---|
|
Submitted
|
Waiver Requested
| ||||
|
1.
|
Submit the following documents with the Standard
Development Application:
| ||||
|
a.
|
Copy of an area map showing all lots within
200 feet of the property
| ||||
|
b.
|
List of names, addresses, lot and block numbers,
as they appear on the official tax records of the City, of all owners
of property within 200 feet of the property affected by the application
and upon whom the notice must be served in the manner provided by
law
| ||||
|
c.
|
Copy of professional survey at a scale not smaller
than 1" = 100' nor larger than 1/8" = 1'; clearly
indicating the buildings and improvements thereon with all front,
side and rear yard dimensions and setbacks from the property lines
| ||||
|
d.
|
Copies of subdivision, site plan or conditional
use applications when applicable
| ||||
|
e.
|
Certification that taxes are paid
| ||||
|
2.
|
If the survey is more than one year old, attach
certification of the applicant or owner that the survey accurately
represents the status of the premises and all improvements at the
time of filing for the variance and show any proposed changes with
all dimensions, including enlargement of existing footprint if applicable.
| ||||
|
3.
|
A statement containing the following information:
| ||||
|
a.
|
Date of acquisition of property, and from whom
| ||||
|
b.
|
The number of dwelling units in existing building(s)
| ||||
|
c.
|
State whether the applicant or owners own or
are under contract to purchase any adjoining lands; set forth lot
and block number(s)
| ||||
|
d.
|
State whether the application is or is not to
be accompanied by a separate application for subdivision, site plan
or conditional use approval
| ||||
|
4.
|
15 folded copies of a plot plan, map or survey
| ||||
|
Checklist prepared by
|
Date:
| ||||
|
Checklist reviewed by City:
|
Date:
| ||||
|
Application found complete on:
| |||||
|
Application found incomplete on:
| |||||
