City of East Orange, NJ Article XII Subdivision and Site Plan Procedures

§ 51-67 Site plan approval - where required.

[Amended 2-23-2015 by Ord. No. 7-2015; 5-26-2015 by Ord. No. 26-2015]

A. Site plan approval shall be required for all applications for development except the following:

(1) Subdivision or individual lot applications for detached one- or two-dwelling-unit buildings;

(2) A change of use to a permitted use where there is no increase in the parking requirement when compared to the current use;

(3) The rehabilitation of commercial, industrial, institutional or attached or multifamily dwelling unit buildings, provided there is no increase in the parking requirement, no decrease in the number of on-site parking spaces, no change in on-site circulation patterns and no variance relief required; or

(4) The construction of an accessory building which has a gross floor area of less than 1,000 square feet, unless one or more variances are required.

B. Notwithstanding anything set forth in Subsection A, above, any application for development involving drive-through services shall require site plan approval.

§ 51-68 (Reserved) [1]

[1] Editor’s Note: Former § 51-68, Waiver of site plan application, was repealed 5-26-2015 by Ord. No. 26-2015.

§ 51-69 Exception of specific subdivision and site plan requirements.

The Planning Board or the Board of Adjustment, when acting upon applications for preliminary or minor subdivision or site plan approval, shall have the power within its sole discretion to grant such exceptions from the requirements for approval as may be reasonable and within the general purpose and intent of the provisions for review and approval contained in this chapter if 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 lands in question; if such exception is granted, it shall be done by a resolution of the Planning Board or Board of Adjustment which sets forth the reasons for the exception in the particular case and demonstrates that the exception will not have an adverse effect on surrounding properties.

§ 51-70 Minor subdivision and minor site plan procedures.

A. Any applicant requesting approval of a proposed minor subdivision or minor site plan, as defined in this chapter, shall submit to the Office of Comprehensive Planning 10 copies of the items required in Article XV (§ 51-82) of this chapter, together with an executed application form, the prescribed fee and evidence that no taxes or assessments are outstanding against the property.

B. The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of Article XI (§ 51-77) of this chapter.

C. In accordance with the Municipal Land Use Law if the subdivision or site plan is unanimously approved with at least four members of the Minor Subdivision and Site Plan Subcommittee present and voting (only those who are members or alternates of the Board having jurisdiction to act may vote), no further action shall be required of the Planning Board as a whole; however, a report will be submitted by the Minor Subdivision and Site Plan Subcommittee to the Planning Board to inform the Board of the action taken. If the vote is not unanimous or if such committee has not been established, the minor subdivision or site plan shall be referred to the Planning Board. If a variance within the jurisdiction of the Planning Board is requested, the subdivision or site plan shall not be referred to the Committee but instead to the Planning Board as a whole.

D. The action of the Minor Subdivision and Site Plan Subcommittee or the Planning Board under this article must be taken within 45 days, or 120 days if a variance pursuant to N.J.S.A. 40:55D-60b or 40:55D-70 is involved, of a complete application as defined in Article II (§ 51-5) of this chapter or within such further time as is agreed to by the subdivider and the Board. Failure of the Planning Board or Committee 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 Planning Board or Committee to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

E. Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:26B-1 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Director of Public Works and the Municipal Tax Assessor, as specified by N.J.S.A. 40:55D-1 et seq. Any such plat or deed accepted for such filing shall have been signed by the Chairperson and Secretary of the Planning Board.

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

§ 51-71 Preliminary major subdivision and major site plan applications.

A. The applicant seeking preliminary major subdivision or preliminary major site plan approval shall submit to the Administrative Officer of the Planning Board 10 copies of the materials stipulated in Article XIV (§ 51-78) or Article XV (§ 51-80), as applicable, of this chapter.

B. The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of § 51-65.

C. The Subdivision and Site Plan Review Advisory Committee may review the application and shall comment and make recommendations to the Planning Board.

D. A complete application for a subdivision of 10 or fewer lots or for a site plan of 10 acres of land or less or 10 dwelling units or fewer shall be acted upon within 45 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. A subdivision of more than 10 lots or a site plan that involves more than 10 acres of land or more than 10 dwelling units shall be acted upon within 95 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. Otherwise the Planning Board shall be deemed to have granted preliminary subdivision or site plan approval.

§ 51-72 Effect of preliminary approval of major subdivision and major site plans.

Preliminary approval of a major subdivision and site plan shall, except as provided in Subsection D of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:

A. 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 municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

B. 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; and

C. That the applicant may apply for and the Planning 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 and improvement standards have been revised by ordinance, such revised standards may govern.

D. In the case of a subdivision of or site plan for an area of 51 acres or more, the Planning Board may grant the rights referred to in Subsections A, B and C 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. 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 and 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 and improvement standards have been revised, such revised standards may govern.

E. Where a developer plans to install the site improvements prior to final approval, the developer may submit the engineering plans and specifications for the improvements to the Director of Public Works, who shall approve them within 35 days. In the event of a denial, the specific reasons must be enumerated in a letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within 20 days with the same requirement as previously imposed for a denial. After the plans are approved, the developer may install the site improvements prior to final approval. The developer shall be required to furnish a restoration bond for 120% of the maximum cost of restoring the site in the event that the improvements are not complete within two years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit or an escrow account in accordance with Article XIV (§ 51-78), where not inconsistent herein. The type, form and amount of the bond are subject to the approval of the Director of Public Works and the Municipal Attorney.

F. In the case of a site plan for a development consisting of not less than 150,000 square feet of nonresidential floor area or not less than 100 residential dwelling units, or consisting of a combination of square feet of nonresidential floor area and residential dwelling units which when proportionately aggregated at a rate of 1,500 square feet of nonresidential floor area to one residential dwelling unit are equivalent to at least 150,000 square feet of nonresidential floor area or 100 residential dwelling units, the Planning Board may grant the rights referred to in Subsections A, B and C of this section for such period of time beyond three years as shall be determined by the Planning Board to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; (2) economic conditions; and (3) the comprehensiveness of the development. The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension to the preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; (3) economic conditions; and (4) the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 51-73 Final major subdivision and major site plan applications.

A. An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the Administrative Officer 10 copies of the materials specified in Article XIV (§§ 51-78 and 51-79) or Article XV (§ 51-80) of this chapter. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board. The final plat shall also be accompanied by a statement from the Director of Public Works that the municipality is in receipt of as-built plans showing all streets and utilities in exact location and elevation and identifying those portions already installed and those to be installed and/or certified in the amount of performance guaranties required to assure completion of those improvements not yet installed, as stipulated in Article XXII (§ 51-116) of this chapter.

B. The application for final subdivision or site plan approval shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of Article XI, § 51-65, of this chapter.

C. Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

D. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat by the Chair and Secretary of the Planning Board unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.

E. No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chair and Secretary of the Planning Board or a certificate has been issued. The signatures of the Chair and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to Article XXVIII (§§ 51-180 through 51-182) of this chapter.

§ 51-74 Effect of final approval of major subdivisions and major site plans.

A. The zoning requirements applicable to the preliminary approval granted and all other rights conferred upon the developer pursuant to preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval, and in the case of a subdivision has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions.

B. In the case of a subdivision or site plan for 150 acres or more or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

C. In the case of a site plan for a development consisting of not less than 150,000 square feet of nonresidential floor area or not less than 100 residential dwelling units, or consisting of a combination of square feet of nonresidential floor area and residential dwelling units which when proportionately aggregated at a rate of 1,500 square feet of nonresidential floor area to one residential dwelling unit are equivalent to at least 150,000 square feet of nonresidential floor area or 100 residential dwelling units, the Planning Board may grant the rights referred to in subsection A of this section for such period of time beyond two years as shall be determined by the Planning Board to be reasonable, taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under final approval; (2) economic conditions; and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under final approval; (2) the number of dwelling units and nonresidential floor area remaining to be developed; (3) economic conditions; and (4) the comprehensiveness of the development.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).