Site plan review is provided for in the Municipal
Land Use Law (N.J.S.A. 40:55D-37). Such review makes it possible for
planning boards and zoning boards of adjustment to determine developmental
impacts with regard to topography, vegetation, drainage, floodplains,
marshes and waterways. Additionally, site plans show the location
of existing and proposed buildings, drives, parking spaces, walkways,
means of ingress and egress, drainage facilities, utilization, landscaping,
structures, signs, lighting and screening. In short, a site plan allows
the boards involved to assess the project in order to ensure the compatibility
and determine the impact of proposed uses.
[Amended 4-25-1985 by Ord. No. 10-1985; 7-24-1986 by Ord. No. 13-1986; 12-22-1986 by Ord. No. 27-1986; 4-8-1999 by Ord. No. 4-1999]
A.
Except as may be otherwise required or provided for
within this chapter, within the City of Somers Point, compliance with
preliminary and final site plan review will be required for all new
construction, all building conversions and alterations and all changes
in use, with the exception of single-family detached dwellings which
are part of a total development of three or fewer lots. Review will
be conducted prior to any excavation or removal of soil, site improvement
or construction. Without approval, neither building permit nor certificates
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. 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.
(1)
Administrative review procedures.
[Added 6-10-2010 by Ord. No. 6-2010]
(a)
Applicants requesting administrative review for minor revisions
and/or additions to a site plan shall be required to submit a site
plan application. This 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 City Engineer determines
that the cumulative effect of the changes does not significantly alter
the plan as originally approved. The City Engineer shall determine
if an administrative remedy is appropriate for each particular case
and shall be empowered to grant approval in lieu of Planning Board
or Zoning Board of Adjustment action, if the application is one of
the following and does not require a variance:
[1]
Building addition to nonresidential use of 1,000 square feet
or 15% of total existing floor area, whichever is less.
[2]
Exterior lighting.
[3]
Signs.
[4]
Change in parking of 10 spaces or 10% of the existing parking
area, whichever is less.
[5]
Asphalt paving of existing gravel or stone parking lot, provided
that drainage will be installed to handle any additional increase
of runoff and drainage calculations will be provided to the Engineer
for review.
[7]
Other changes to the site plan or project which the City Engineer
deems sufficiently minor in nature so as not to require review by
the Planning Board or Zoning Board of Adjustment.
[8]
A change in use, provided that the desired use is permitted
in the subject zone, and further provided that any effects of the
change are consistent with Subsection A(l)(a)[1] through [7].
(b)
If the City Engineer determines that the proposed addition(s)
or revision(s) do not meet the criteria set forth by this chapter
or that such revision and addition is not minor in nature or that
such change will significantly alter the plan as originally approved,
the applicant shall be directed to proceed with site plan application
to the Planning Board/Zoning Board of Adjustment
(c)
The Zoning Officer may authorize the Construction Official to
issue permits for an administratively approved application, but only
after the City Engineer has submitted written approval to the minor
revision(s) or addition(s). An application for a building permit not
classified as either exempt or eligible for administrative review
shall require a site plan application.
B.
The reviewing board may waive certain individual requirements of the site plan approval process if it determines that the proposed development, construction, alteration, reconstruction, demolition or change in use does not affect existing traffic circulation, drainage, relationship with buildings to each other, landscaping, buffering, lighting or other considerations of site plan review, e.g., historical or architectural significance. Any applicants desiring a waiver of certain of the individual requirements of site plan review shall file an application and submit sufficient evidence to allow the reviewing board to reach such conclusions so as to permit any such waivers. This evidence may consist of sketches, property descriptions, methods of operation, photographs and other information as the applicant may care to present or as the reviewing board may require. If the reviewing board does not have on file a prior site plan, the applicant shall be required to submit a site plan pursuant to § 114-143A and drawn by a New Jersey licensed professional engineer containing the information required by § 114-143B(1) through (17). The reviewing board may attach conditions to any waiver of any particular provision of site plan review. The applicant for a waiver or waivers of certain provisions of site plan review shall submit 10 copies of the application, together with supporting data and evidence and the usual and appropriate application fees and escrows, for filing no less than three weeks prior to a regular meeting of the reviewing board.
In conducting the review process the Planning
Board or Zoning Board of Adjustment (in the case of a use variance
request) will consider pedestrian and vehicular movement, parking
adequacy and safety, design and layout of structures, lighting, buffering,
drainage, environmental elements and signs.
A.
The applicant will submit 10 copies of the site plan,
clearly drawn and accurately reproduced at a scale of one inch equals
50 feet, to the Secretary of the appropriate Board. All maps, plats
and sketch plats required to be submitted by this chapter shall conform
to one of the following size configurations: 15 by 21 inches, 24 by
36 inches or 30 by 42 inches. A copy of the plan shall also be sent
to the Atlantic County Planning Board for review, comment and, where
appropriate, approval.
B.
The plan will be drawn by a New Jersey licensed professional
engineer and shall include the following information:
(1)
Key map showing the parcel to be developed in
relationship to the surrounding area and all intersections and waterways
within 300 feet.
(2)
Title of project, North point, scale, name and
address of owner of record, name and seal of person preparing the
site plan.
(3)
All lot lines, block and lot numbers and owners
of record within 200 feet of the site in all directions.
(4)
All existing zoning boundaries located on or
within 200 feet of the subject property.
(5)
Boundaries of the property involved, proposed
building setback lines, lines of existing and proposed streets, existing
and proposed lot lines.
(6)
All existing and proposed structures and topography
with two-foot intervals.
(7)
Location and height of existing and proposed
walls, fences, signs, culverts and bridges.
(8)
Proposed elevations for buildings.
(9)
Street profiles and cross sections indicating
roadway width, location and width of sidewalks, location and width
of utility easements.
(10)
Location of all proposed sewer and water lines,
valves, manholes and hydrants.
(11)
A soil erosion and sedimentation control plan
pursuant to the requirements of N.J.S.A. 4:24-39 et seq.
(12)
Proposed reservations for parks, playgrounds,
common open space and all easements.
(13)
Location of all existing and proposed storm
drainage pipes and watercourses, with pipe sizes, grades and direction
of flow.
(14)
Tabulation of total acreage and percentage devoted
to streets, parking and common open space.
(15)
Location, design and ingress/egress of all proposed
parking areas, including bay size and size of internal aisles.
(16)
Proposed screening, landscaping and lighting.
(17)
Proposed pedestrian walkways.
(18)
An environmental impact statement, as required
within various districts, if applicable. In addition to the requirements
listed within each district, the impact statement shall include the
following information:
(a)
An inventory of existing environmental conditions
at the project site and the adjacent region which shall describe air
quality, water quality and supply, hydrology, soils, topography, vegetation,
wildlife, aquatic organisms, demography, land use, aesthetics, history
and archaeology.
(b)
A listing of all licenses, permits or other
approvals as required by law and the status of each.
(c)
An assessment of the probable impact of the project upon the topics described in Subsection B(18)(a) above.
(d)
A listing of adverse environmental impacts which
cannot be avoided, both at the site and in the surrounding region.
(e)
Steps taken to minimize adverse impacts during
construction and operation.
(f)
Alternatives to all or part of the project with
reasons for their acceptability or nonacceptability.
(19)
An open space organization, as required within
various districts. Open space shall be deeded to a corporation, association
or other legal entity consisting of one or more of the property owners
within the district for their use, control, management and maintenance.
Any agreement providing for such ownership shall be reviewed and approved
by the City Attorney to ensure that adequate safeguards are provided
guaranteeing the continuance of the agreement. The agreement shall
give the city the right to perform maintenance and assess the cost
to the property owners in the event that the property owners fail
to maintain the property in accordance with the agreement. All provisions
of N.J.S.A. 40:55D-43 of the Municipal Land Use Law shall govern the
establishment of the open space organization.
(20)
A solid waste/recycling plan. A solid waste/recycling
plan in accordance with N.J.S.A. 40:55D-28 shall be required for any
development proposal for the construction of 50 or more units of single-family
residential housing or 25 or more units of multifamily residential
housing and commercial or industrial development proposals for the
utilization of 1,000 square feet or more of land. The solid waste/recycling
plan shall address the following regarding:
[Added 7-9-1992 by Ord. No. 20-1992]
(21)
A traffic impact report.
[Added 7-9-1992 by Ord. No. 20-1992]
(a)
A traffic impact report shall accompany all
applications for preliminary approval of all major site plan applications.
The traffic impact report shall include the following:
[1]
Information sufficient to demonstrate
that satisfactory arrangements will be added to facilitate traffic
movement on the roads adjoining the development. These arrangements
may include provision for necessary signalization, channelization,
standby turn lanes, added highway width, adequate warning signs and
adequate storage area and distribution facilities within the development
to prevent backup of vehicles on public streets.
[2]
Traffic volume developed from trip
generating forecasts in accordance with standards contained in Trip
Generation: An Informational Report, published by the Institute of
Transportation Engineers, or other reliable reference sources.
[3]
Traffic accidents, including the
number of accidents which occurred at or adjacent to the site within
the last three years.
[4]
Geometrics of the roadway, including
the configuration of any adjacent intersection and the adjacent roadway
approaches.
[5]
Roadway conditions, including the
physical condition of the roadways leading to the site.
[6]
Development potential of the surrounding
area based upon a reasonable number of years into the future.
[7]
Improvements based upon road classifications.
[8]
Measures to correct existing road
conditions.
[9]
Estimated pro rata contributions
of funds for on- and off-tract improvements and/or rights-of-way.
(b)
Where applicable, the analysis should also include
the impact of development of vacant land in adjacent municipalities
where such development will impact on the circulation system affecting
the proposed development site.
(c)
Notwithstanding the foregoing, the reviewing
board may, at the request of the applicant, waive the requirement
for a traffic impact report if sufficient evidence is submitted to
support a conclusion that the proposed development will have a slight
or negligible traffic impact. Portions of such requirement may likewise
be waived upon finding that the complete report need not be prepared
in order to evaluate adequately the traffic impact of a particular
project.
(22)
A landscape plan.
[Added 7-9-1992 by Ord. No. 20-1992]
(a)
A landscape plan prepared by a New Jersey licensed
and certified landscape architect or New Jersey licensed architect
shall be provided so preliminary approval of all major site plan applications
shall be provided. Landscaping shall be integrated into building arrangement,
topography, parking and buffering requirements. Landscaping shall
include trees, bushes, shrubs, ground cover, perennials, annuals,
plants, sculpture, art and the use of building and paving materials
in an imaginative and aesthetic manner.
(b)
Regulations.
[1]
Natural topography and vegetation.
The applicant shall use natural topography and vegetation where possible.
Large parking areas are not to be stripped of vegetation without requiring
reseeding or replanting of all unpaved areas.
[2]
Saving of trees. Every attempt
shall be made by the applicant to save existing trees, even at the
loss of parking spaces. Clumps of trees should be saved over single
trees. Care should be taken by the municipal agency to properly evaluate
the site-clearing proposals, recognizing that wild trees often do
not survive when their habitat is drastically altered. Where loss
of trees is suggested, replacement should be required.
[3]
Slopes. Slopes in excess of 3:1
shall be avoided unless necessitated by unusual site limitations.
All slopes shall be stabilized in a manner acceptable to the municipal
agency engineer.
[4]
Parking areas in front of buildings.
Parking lots located in front of buildings shall be landscaped to
separate them from adjacent roadways.
[5]
Screen areas and buffers. Tall
dense screens are required along nonpenetrable sidelines, rear property
lines and where commercial or industrial parking areas abut residences
or residential zones. Evergreens, such as, but not limited to, White
pine, Austrian pine, Canadian hemlock, Servian spruce, Arborvitae
and upright yews may be used, provided that they meet specified height
requirements.
[6]
Driveways. The areas adjacent to
the driveways shall be planted with low plants or grass. Appropriate
low plants include, but are not limited to, butterfly bush, Sargent
juniper, inkberry, Japanese barberry or shrubby Cinquefoil.
[7]
Other required landscaped areas.
Where a development plan indicates raised walkways between opposing
rows of cars, areas at the end of bays or, where proposed or required
by the municipal agency, specific planting islands are indicated,
these areas shall be landscaped. Planting strips may be as narrow
as five feet, with a width of 15 to 20 feet most desirable. All should
be raised and protected by permanent concrete curbing.
[8]
The applicant shall landscape 5%
to 10% of the parking areas provided.
[9]
Natural setting. In proposing a
landscaping plan, an applicant shall take care and the municipal agency,
in reviewing, shall require that prevailing community standards be
preserved. Recognizing that a major community asset lies in the preservation
of the natural condition of property, all efforts in the area of landscaping
shall be exercised to provide consistent landscaping proposals with
existing foliage.
[Added 7-9-1992 by Ord. No. 20-1992;
amended 6-10-2010 by Ord. No. 6-2010]
A.
Standards for review. The data to be included for
a minor site plan shall be sufficient to enable the municipal agency
to determine that the proposed site design shall not have a deleterious
effect upon the neighborhood and that it is designed in conformance
with the standards of this chapter.
B.
Submission requirements. The applicant shall file
with the administrative officer, at least 28 days prior to the meeting
of the municipal agency, the following:
(1)
The required application forms supplied by the
administrative officer.
(3)
A signed escrow agreement.
(4)
Certification by the Tax Collector that all
taxes are paid to date.
(5)
A copy of the minor site plan checklist.
(6)
The site plan, which shall be a true and accurate
map drawn to a scale of not less than one inch equals 50 feet, on
a sheet 24 by 36 inches, or drawn to a scale of one inch equals 100
feet, with the exact size, shape and location of existing and proposed
buildings, with all yard dimensions and the actual dimensions of each
lot to be built upon.
(7)
A key map, at a scale of not less than one inch
equals 2,000 feet, showing the location of the tract within the city
and its relation to major streets, water bodies and political boundaries
within the area.
(8)
Certification and signature lines for the Chairman,
Secretary and Engineer of the appropriate reviewing board and other
reviewing agencies.
(9)
A reference meridian.
(10)
Applicable zoning; covenants running with the
land, existing deed restrictions and the proposed use of the property
clearly shown or exhibited in separate documentation. Lands to be
dedicated or reserved for public use shall be clearly indicated. If
additional right-of-way is to be dedicated or reserved for public
use, this shall be clearly indicated. If additional right-of-way is
to be dedicated to the City of Somers Point, a note stating: "Additional
right-of-way dedicated to City of Somers Point for road widening purposes"
shall appear on the plan or, to the county, if a road is under its
jurisdiction.
(11)
Setback dimensions, which shall be shown on
the plan.
(12)
Existing and proposed contours with intervals
of one foot where slopes are 3% or more and spot elevations where
needed to show the situation properly (indicate datum).
(13)
Location on site and 500 feet therefrom of ponds,
streams, drainage ditches and watercourses. There shall be provided
sufficient elevation data beyond the limits of the tract to determine
the size and elevation of areas which drain toward the tract. Profiles
and cross sections of watercourses draining to or from the tract for
a sufficient length to determine the effect of the proposed development
upon other lands adjoining the watercourses shall be provided. Boundaries
of floodplains of water bodies (if defined) within land development
shall be shown. Where defined, they should correspond to the floodway
and flood hazard areas commonly designated by the New Jersey Department
of Environmental Protection.
(14)
All buildings, structures, wooded areas, easements,
rights-of-way, signs, lights and paving within the tract and 100 feet
therefrom.
(15)
Tax Map Sheet, block and lot number for the
site and the names of the owners, lot lines and block and lot numbers
of lands within 200 feet of the site; existing and proposed zoning
requirements.
(16)
The names and addresses of the record owner
and person who prepared the plan.
(17)
Proposed buildings or structures, including
dimensions, distances from property lines, corner elevations, first
floor elevation, floor areas, front, rear and side elevations and
preliminary architectural plans shown on the site plan.
(18)
The location and arrangement of vehicular accessways
and location; the size and capacity of all parking and loading areas
shall be included.
(19)
Curbs, sidewalks, walkways and all other areas
devoted to pedestrian use, which shall be clearly delineated.
(20)
A complete landscape plan, including size and
type of all plants, shall be included.
(21)
The location of all utilities shall be shown,
including water supply, sewers, gas and electric services, lighting,
illumination and refuse storage area. Provisions for industrial waste
or effluent shall be shown.
(22)
A storm drainage system shall be shown and the
applicant shall supply drainage calculations to substantiate the size
and location of the proposed storm drainage system.
(23)
A parking schedule.
(24)
Pavement construction detail.
(25)
The locations and details of all signs.
(26)
Designs and details of any structures, such
as curbs, sidewalks, retaining walls, manholes, headwalls and retention
basins. The locations, dimensions, capacity and depth of underground
storage tanks, along with a detail showing the proposed method of
anchoring shall be shown.
(27)
Where work is to be done in the municipal right-of-way,
a detailed plan at any scale of not less than one inch equals 30 feet,
showing the layout of any intersection, including driveways to a municipal
road. This plan shall show the following:
(a)
Existing elevations of the center line of the
municipal road every 25 feet to extend 100 feet beyond the property
line or intersection pavements transition.
(b)
Proposed elevations of the curb, gutter and
top of curb every 25 feet along the municipal road.
(c)
Half cross sections every 50 feet and at critical
points along the municipal road and spot elevations of the center
line, edge of pavement and proposed curbing along the municipal road.
(d)
Pavement markings, signs and traffic control
islands and devices.
(e)
Proposed structures.
(28)
Provisions for soil erosion and sediment control.
(29)
Other information as may be required by the
reviewing board.
C.
Administrative review checklist. The following checklist is designed to assist applicants in preparing plans for Administrative review. The applicant should check off each item and submit the checklist with the application to ensure that the information is included on the plan. Items omitted will delay consideration by the Planning/Zoning Board professionals. The site plan shall show the following information and be drawn according to all relevant standards set forth in § 114-141A(1). Submittal materials are as follows:
[Added 6-10-2010 by Ord. No. 6-2010]
(1)
Five copies of the plans shall be submitted on one of the following
sheet sizes: 24 inches by 36 inches or 30 inches by 42 inches. If
one sheet is not sufficient to contain the entire territory, the map
may be divided into sections and shown on separate sheets of equal
size, with reference on each sheet as to the location of all adjoining
sheets.
(2)
Five copies of the City of Somers Point land development application
form as well as the original document.
(3)
Five copies of all submitted documents for the application as
well as the original document.
(4)
The plan shall be drawn or reproduced at a scale of not less
than one inch equals 50 feet.
(5)
The zoning district and zoning requirements.
(6)
North arrow and graphic scale contained on each sheet.
(7)
Name, address and signature of person preparing the plan. The
plan shall be prepared, signed and sealed by a licensed New Jersey
land surveyor, engineer, planner or architect as required by state
regulation.
(8)
A certified survey of the property prepared by a New Jersey
land surveyor with bearings and distances provided for all property
lines. The survey shall be provided with datums in NM) 83 and NGVD
88 for horizontal and vertical datums, respectively, or NAD 27 and
NAVD 29. The following shall be shown on the survey:
(a)
All existing structures on site with dimensions to property
lines.
(b)
All existing easement areas.
(c)
All asphalt gravel, dirt, sidewalk and curbing areas.
(d)
All existing drainage features on and within 50 feet of property
lines.
(e)
All existing utilities located on the property.
(f)
Existing elevation and contours, at one-foot intervals, to determine
the natural drainage of land within the subject property and extending
100 feet from the property lines.
(g)
Sight triangles and street sign locations shall be clearly indicated
at all intersections to roadways.
(h)
All trees or vegetative areas shall be shown on the survey.
(9)
All proposed means of vehicular access and egress to and from
the site onto public streets and the location of existing driveways
on adjacent land if closer than 75 feet.
(10)
Proposed paving cross section, parking stall dimensions and
driveway widths shall be provided.
(11)
Locations of all existing structures showing existing and proposed
front, rear and side yard setback distances, and an indication of
whether the existing structures and uses will be retained or removed.
(12)
Title block containing name of applicant and development, lot
and block numbers, date prepared and date of latest revision.
(13)
Proposed connections to existing water supply and sanitary sewerage
systems, or alternative means of providing these services.
(14)
Location of existing and proposed wells and septic systems.
(15)
Lighting and signage plan showing the locations of signs and
light standards, heights, setbacks, type of light standard, hours
of illumination and lighting pattern superimposed onto the plan and
noted in footcandles.
(16)
All applicable fees must be paid with submission.
[Added 7-9-1992 by Ord. No. 20-1992]
Minor site plan approval requires the following
documentation:
A.
The names and addresses of record owners of tracts
within 200 feet of the site.
B.
Copies of any protective covenants, easements or deed
restrictions applying to the site.
C.
Certification from the applicant stating that no record
exists of a previous site plan approval for the site which would affect
the proposed application.
D.
Certification that the applicant is the agent or owner
of the land or that the owner has given consent under an option agreement.
E.
Detailed cost estimates for the proposed construction
of off-site improvement for bond calculation purposes.
F.
Written approval of local, county, state or federal
organizations as required.
G.
A traffic study.
H.
A construction timetable.
I.
Any additional documentation as may be required by
the reviewing board.
Following receipt of a completed application with required fee (Article XXVII, § 114-201), the Board Secretary will notify the applicant within 45 days. The reviewing board shall:
A.
Review and grant or deny site plan approval within
45 days in the case of developments of 10 acres or less, unless the
applicant is also seeking relief subject to N.J.S.A. 40:55D-60, in
which case the Board shall grant or deny within 95 days. In either
case, the time may be extended if agreed to by the developer.
B.
If the development is of 10 acres or more, the reviewing
board shall grant or deny site plan approval within 95 days of receipt
of a completed application, unless an extension is consented to by
the developer.
C.
If the application has been submitted to the Zoning
Board of Adjustment pursuant to N.J.S.A. 40:55D-76b, the Board shall
grant or deny site plan approval within 120 days of receipt of a completed
application, unless an extension is consented to by the developer.
D.
If the reviewing board requires substantial changes
in the site plan presented as a result of a public hearing, an amended
application shall be submitted and processed upon in the same manner
as the original application.
E.
If the reviewing board fails to reach a decision within
the specific time periods or extensions, approval of the site plan
as submitted shall result.
F.
The Board and developer may discuss a sketch plat
informally prior to submission of a completed preliminary site plan
application for purposes of exchanging ideas, with neither side bound
by the discussion.
G.
For purpose of this § 114-146 and § 114-149 (see Article XXII, Site Plan Review, § 114-149), the Planning Board Professional Engineer and Attorney may be designated by the Board to determine when an application is deemed to be complete and shall thereupon inform the Board Secretary in writing.
[Added 4-22-2010 by Ord. No. 4-2010]
H.
Technical and Conceptual Review Committees.
[Added 4-22-2010 by Ord. No. 4-2010]
(1)
Purpose. The City of Somers Point strives to provide applicants
for development with a streamlined review process, while providing
applicants with complete, efficient and effective service through
the application process for land development and rezoning.
(2)
Duties.
(a)
The Conceptual Review Committee (CRC) shall review conceptual
plans presented by applicants to provide insight as to the deficiencies
of the plan and to offer suggestions and recommendations for the submission
of said plan; and to comment on the proposed plan.
(b)
The Technical Review Committee (TRC) shall informally discuss
the technical aspects of a development application under review, but
not yet deemed complete for Board review, and address technical requirements
and standards in regards to the land use ordinance.
(3)
Review Process. The Committee meetings shall be held during
normal business hours, unless special arrangements are made between
the Committee and the applicant. The meeting is not a public hearing
and does not have to be advertised or require notice to any party.
The comments, recommendations and suggestions are nonbinding. The
CRC and TRC meeting is limited to the Committee members, the applicant
and their professionals.
(4)
Schedule of meetings. The meetings will be scheduled once a
month on an as-needed basis. Both the CRC and TRC will meet the same
day as determined by the Committee, and the applicant will be notified
by the Planning/Zoning Board administrative officer. An applicant
shall contact the Planning/Zoning Board administrative officer to
be placed on the meeting agenda.
(5)
Attendees. The CRC and TRC shall consist of the following members:
(a)
The Planning Board or Zoning Board Solicitor or their designated
representative.
(b)
The Planning Board or Zoning Board Engineer or their designated
representative.
(c)
The Planning Board or Zoning Board Secretary and/or Construction/Zoning
Official.
(d)
The Committee reserves the right to request the attendance of
other City officials, other than members of the decision-making body,
when it is determined that their expertise is necessary to address
respective technical issues.
(e)
The Chairman of either Board or the Chairman's designee may
be invited by the Committee, but attendance is not required.
(6)
Fees. The fees, application and review fees associated with
the Technical Review Committee shall be considered to be included
in the application fee and escrow fees for the proposed development.
Conceptual review shall be limited to 15 minutes of review, and no
fee will be charged for the Conceptual Review Committee meeting.
A.
Preliminary approval of a major subdivision or of a site plan shall, except as provided in Subsections B and C of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
The general terms and conditions on which preliminary
approval was granted shall not be changed, except that nothing herein
shall be construed to prevent the municipality from modifying by ordinance
such general terms and conditions of preliminary approval as they
relate to public health and safety;
(2)
The applicant may submit for final approval
on or before the expiration date of preliminary approval, the whole
or sections of the preliminary subdivision plat or site plan, as the
case may be; and,
(3)
The applicant may apply for and the Planning
Board may grant extensions of 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.
B.
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development.
C.
The applicant may apply for thereafter and the Planning
Board may thereafter grant an extension to preliminary approval for
such additional period of time as shall be determined by the Planning
Board to be reasonable taking into consideration the number of dwelling
units and nonresidential floor area permissible under preliminary
approval; the potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval; economic
conditions; and the comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
may govern.
D.
Preliminary approval shall not be construed as granting
the applicant a right to or to permit any site clearance, demolition
or other site disturbance prior to final approval.
[Added 12-17-1992 by Ord. No. 26-1992; amended 8-25-1994 by Ord. No. 11-1994]
The developer shall submit 10 copies of the
final plat to the Secretary of the appropriate Board, which includes
and is accompanied by:
A.
A site plan in final form, including all of the information shown on the preliminary plat (§ 114-143), along with the conditions of preliminary approval and any proposed dedication of streets or improvements.
B.
Performance guaranties approved by the Municipal Solicitor
in an amount sufficient to cover the improvements completion.
C.
A statement from the City Engineer that construction
plans for streets, drainage and other facilities comply with city
standards.
D.
Final submission shall include the developer's estimate
of cost for the various improvements.
E.
A letter from the City Clerk indicating the amount, form and content of the maintenance guaranty accepted by City Council, and that fees estimated by the City Engineer required for construction inspection costs other than those relating to building permit have been paid. (See Article XXVII, § 114-201.)
After final approval, the general terms and
conditions of that approval, including applicable zoning rights, shall
not change for a period of two years and may be extended by the reviewing
board not more than three times for a period of one year.
Time limits for both preliminary and final approval
may be extended for planned developments of over 50 acres upon review
of the Planning Board, subject to development size and comprehensiveness
and/or economic conditions.
Those standards established by Somers Point's Engineer and with those minimum standards called for in zoning districts (Articles IV to XIX) with regard to use, lot size, setbacks, area and bulk, landscaping, parking and signs shall be considered the minimum general standards. In addition, the specific design standards set forth in Article XXIV shall apply here.
