Purpose. The regulations provided in Article V are deemed necessary to achieve the following purposes:
A.
Promote orderly development. To protect the character and to maintain
the stability of all areas within the community and to promote the
orderly and beneficial development of such areas.
B.
Promulgate rules and regulations. To provide rules, regulations and
procedures, where applicable and to the extent the same have not been
otherwise promulgated by ordinance in the City of Summit, which will
guide the appropriate development of lands within the City in a manner
which will promote the public health, safety, morals and general welfare.
C.
To protect against hazards and danger. To secure safety from fire,
flood, panic and other natural and man-made disasters.
D.
Design requirements. To encourage the design and location of streets
which will promote the free flow of traffic while discouraging the
location of such facilities and routes which will result in congestion.
E.
Creative development techniques. To promote a desirable physical
environment through creative development techniques, design and arrangement.
F.
Open spaces. To promote the conservation of open space and to protect
the natural resources and to prevent overcrowding through improper
land use.
A.
Board jurisdiction. All development applications for single- and
two-family uses which do not conform to the requirements of this chapter
shall be within the jurisdiction of the Zoning Board of Adjustment.
B.
Completeness review. Applications will be reviewed for completeness in accordance with Section 35-5.11.
C.
Staff review. Application will be distributed to the following City
staff, departments and commissions as deemed necessary by the Zoning
Officer:
D.
Reports to Zoning Board of Adjustment. All reports submitted by City
staff, departments and commissions will be provided to the applicant
and the Board members prior to the first scheduled hearing date.
E.
Conditions of approval.
1.
All conditions of approval shall be binding upon the applicant, all
present and future owners, tenants, users and occupants of the property
and their respective successor and assigns.
2.
The City of Summit shall issue notices of violation and/or summonses
as determined to be appropriate to current and prospective owners,
tenants, users and occupants for failing to maintain all conditions
of approval. Certificates of approval and occupancy shall not be issued
by the City until all conditions of approval have been satisfied at
the discretion of the approving authority.
3.
All fees and costs associated with the application must be paid prior
to the issuance of a construction permit for the approved development.
A.
Applications requiring notice. All public hearings before either
the Zoning Board of Adjustment or Planning Board shall follow the
requirements of the Municipal Land Use Law[1] as summarized below. Notice shall be required for each
and every hearing and all applications for development, except when
a hearing has been adjourned or continued to a date specific after
notice of the hearing has been properly given as required herein.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Manner of giving notice. Notice of a hearing requiring public notice
shall be given by the applicant at least 10 days prior to the date
of the hearing in the following manner:
1.
To the general public, by publication in the official newspaper of
the City.
2.
To all owners of real property, as shown on the current tax duplicate,
located in the state and within 200 feet in all directions of the
property which is the subject of such hearing, provided that this
requirement shall be deemed satisfied by notice to the condominium
association, in the case of any unit owner whose unit has a unit above
or below it, or horizontal property regime, in the case of any co-owner
whose apartment has an apartment above or below it. Notice shall be
given by serving a copy thereof on the property owner as shown on
said current tax duplicate or his or her agent in charge of the property
or mailing a copy thereof by certified mail to the property owner
at his or her address as shown on said current tax duplicate. Notice
to a partnership owner may be made by service upon any partner. Notice
to a corporate owner may be made by service upon its president, a
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners or homeowners on
account of such common elements or areas.
3.
To the Clerk of any adjoining municipality when the property involved
is located within 200 feet of said adjoining municipality. Notice
shall be given by personal service or certified mail.
4.
To the County Planning Board when the application for development
involves property adjacent to an existing county road or proposed
road as shown on the county Official Map or the county Master Plan,
adjoining other county land or situated within 200 feet of a municipal
boundary. Notice shall be given by personal service or certified mail.
5.
To the Commissioner of Transportation of the State of New Jersey
when the property is adjacent to a state highway. Notice shall be
given by personal service or certified mail.
6.
To the State Planning Commission when the hearing involves an application
for the development of property which exceeds 150 acres or 500 dwelling
units, in which case the notice shall include a copy of any maps or
documents required to be on file with the Board Secretary pursuant
to N.J.S.A. 40:55D-12g. Notice shall be given by personal service
or certified mail.
7.
On applications for approval of a major subdivision or a site plan
not defined as a minor site plan to all public utilities, cable television
companies or local utilities which possess a right-of-way or easement
within the City and which have registered with the City in accordance
with N.J.S.A. 40:55D-12.1 by serving a copy of the notice on the person
whose name appears on the registration form on behalf of the public
utility, cable television company or local utility; or mailing a copy
thereof by certified mail to the person whose name appears on the
registration form at the address shown on that form.
C.
List of owners and others. Upon the written request of an applicant,
the City Tax Assessor shall, within seven days, make and certify a
list from current tax duplicates of names and address of owners within
the City to whom the applicant is required to give notice pursuant
to N.J.S.A. 40:55D-12b; and the names, addresses and positions of
those persons who, not less seven days prior to the date on which
the applicant requested the list, have registered to receive notice.
Failure to give notice to any owner, public utility, cable television
or local utility not on the list obtained in such manner shall not
invalidate any hearing or proceeding. A sum, not to exceed $0.25 per
name, or $11, whichever is greater, shall be charged for such list.
D.
Contents of notice. The notice shall state the date, time and place
of the hearing, the nature of the matters to be considered and an
identification of the property proposed for development by street
address, if any, or by reference to lot and block numbers as shown
on the current tax duplicate in the City Tax Assessor's office; and
the location and times at which any maps and documents for which approval
is sought are available for inspection.
E.
Effect of mailing. Any notice made by certified mail shall be deemed
complete upon mailing.
A.
Disclosure by corporate or partnership applicant. A corporation or
partnership applying to the Planning Board or the Zoning Board of
Adjustment for permission to subdivide a parcel of land into six or
more lots, or applying for a variance to construct a multiple dwelling
of 25 or more dwelling units or for approval of a site to be used
for commercial purposes shall list the names and addresses of all
stockholders or individual partners owning at least 10% of its stock
of any class or at least 10% of the interest in the partnership, as
the case may be.
B.
Disclosure by corporation or partnership owning 10% or more of applicant.
If a corporation or partnership owns 10% or more of the stock of a
corporation or interest of 10% or greater in a partnership, either
of which is subject to disclosure pursuant to Subsection A above,
that corporation or partnership shall list the names and addresses
of its stockholders holding 10% or more of its stock or interest of
10% or greater in the partnership, as the case may be; and this requirement
shall be followed by every corporate stockholder or partner in said
partnership until the names and addresses of the noncorporate stockholders
and individual partners exceeding the 10% ownership criterion set
forth in this section have been listed.
C.
No approval if disclosure requirements not met. The Board shall not
approve the application of any corporation or partnership which does
not comply with this section.
D.
Penalties. Any corporation or partnership which conceals the names
of the stockholders owning 10% or more of its stock or of the individual
partners owning an interest of 10% or greater in the partnership,
as the case may be, shall be subject to a fine of $1,000 to $10,000,
which shall be recovered in the name of the City of Summit in any
court of record in the state in a summary manner pursuant to the Penalty
Enforcement Law (N.J.S.A. 2A:58-1 et seq.[1]).
[1]
Editor's Note: See now N.J.S.A. 28A:58-10 et seq.
E.
Applications by corporations or partnerships. Applications submitted
by any party other than an individual must be represented by an attorney
licensed to practice in the State of New Jersey.
A request for rezoning or amendment to any zoning regulation(s) shall be in writing to the Common Council on forms available from the administrative officer and shall be accompanied by a fee and escrow deposit as provided in § 35-6.1E. The Common Council shall review the rezoning request, and if it finds that the request has merit, it shall refer same to the Planning Board for a report and recommendation. Upon receipt of the Planning Board's review of the rezoning request, the Common Council may then act to implement the requested change at the Council's discretion.
A.
Purpose. Prospective developers and applicants may request an informal
meeting of the Technical Review Committee, comprised of the Zoning
Officer, City or Board Engineer, City Planner and representatives
of the Police and Fire Departments, as determined to be applicable,
prior to the submission of a development application for subdivision,
site plan and/or use variance approval. The purpose of these meetings
is to review issues of jurisdiction, nature and extent of any required
variance relief, consistency with the Zoning Ordinance and Master
Plan, required application materials and general application refinement.
The Zoning Officer shall have sole discretion in arranging an informal
Technical Review Committee meeting for which all required documentation
and fees shall be submitted.
B.
Meetings. Informal Technical Review Committee meetings shall be scheduled
by the Zoning Officer upon request.
C.
Review and comments. Staff will be prepared to provide review comments
at the informal Technical Review Committee meeting based on the relevant
issues and development materials submitted, prior to which, no written
commentary will be provided. In addition, applications shall be distributed
to the City of Summit Environmental Commission and Historic Preservation
Commission for review and comment in advance of any informal Technical
Review Committee meeting as determined to be necessary. The applicant
may prepare a formal application to the appropriate board of jurisdiction
based on comments received.
A.
Purpose. A Technical Review Committee, comprised of the Zoning Officer,
City or Board Engineer, City Planner and representatives of the Police
and Fire Departments, shall meet with applicants for subdivision or
site plan approval prior to determination of a complete application.
The purpose of these meetings is to discuss the proposed application
and the overall planning issues and the technical aspects of the application.
The administrative officer shall have sole discretion in requiring
a formal Technical Review Committee meeting for land use applications,
which may also be arranged upon request of an applicant having submitted
all required documentation and fees.
B.
Meetings. Formal Technical Review Committee meetings are regularly
scheduled on the second Tuesday of each month.
C.
Review and comments. City staff will prepare preliminary comments
for submittal to the applicant within 14 days of receipt of the application.
In addition, applications shall be distributed to the City of Summit
Environmental Commission and Historic Preservation Commission for
review and comment in advance of any formal Technical Review Committee
meeting. These comments will be discussed with the applicant at the
formal Technical Review Committee meeting.
1.
As a result of the formal Technical Review Committee meeting and
discussion with the applicant, the application may be deemed complete
or incomplete.
2.
After an application is deemed complete, final comments will be prepared
by the appropriate staff and will be incorporated into a final report
for the Board.
D.
Waiver of requirement to appear. The administrative officer may waive
the requirement for an applicant to appear before the formal Technical
Review Committee or may invite additional city agencies to participate
in this technical review process.
A.
Right to request informal review of concept plan. Prior to the submittal
of an application for development, the applicant may request an informal
review before the Planning Board in order to:
1.
Acquaint the applicant with the substantive and procedural requirements
of the City's subdivision and site plan regulations.
2.
Provide for an exchange of information regarding the proposed development
plan and applicable elements of the Master Plan, Zoning Ordinance
and other development requirements.
3.
Advise the applicant of any public sources of information that may
aid the application.
4.
Identify policies and regulations that create opportunities or pose
significant constraints for the proposed development.
5.
Consider opportunities to increase development benefits and mitigate
undesirable project consequences.
6.
Permit input into the general design of the project.
7.
Prior to scheduling a presentation before the Planning Board, the
administrative officer may request a preliminary presentation before
the formal Technical Review Committee.
B.
Documents and fees to be submitted. Applicants seeking review of
a concept plan shall provide 16 copies of the plan and of the completed
application (including a narrative description) and the required review
fees to the Department of Community Services in accordance with the
approved annual meeting schedule.
C.
Nature of concept plan. The concept plan is a general plan that need
not be fully engineered. The plan or plat should be sufficiently detailed
to allow the Board to make suggestions on general site design and
layout for circulation, stormwater management, location of open space
and buffers, building arrangements and to determine how the proposal
meets the City's development goals and objectives.
D.
Effect of informal review. Neither the applicant nor the Board is
bound by any concept plan or informal review. The amount of any fees
for such informal review shall be a credit toward fees for review
of the application for development.
No application for development shall be deemed complete unless
the items, information and documentation listed in the applicable
checklist are submitted. If any required item is not submitted, the
applicant must request, in writing, a waiver and state the reasons
supporting each such request. Checklists for each type of application
are found in the Appendix at the end of this chapter.[1]
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
A.
Notice of variance and other relief required. Whenever relief is
requested pursuant to this chapter, notice of the hearing on the application
for development shall include reference to the request for variances
or direction for issuance of a permit, as the case may be.
B.
Applicant's right to bifurcate application. The applicant may elect
to submit a separate application requesting approval of the variance
or direction of the issuance of a permit and a subsequent application
for any required approval of a subdivision, site plan or conditional
use. The separate approval of the variance or direction of the issuance
of a permit shall be conditioned upon the grant of all required subsequent
approvals by the Planning Board. No such subsequent approval shall
be granted unless the approval can be granted without substantial
detriment to the public good and without substantial impairment of
the intent and purpose of the zone plan and Zoning Ordinance.
C.
Time periods for action on applications seeking variance or other
relief under this section. Whenever an application for approval of
a subdivision plat, site plan or conditional use includes a request
for relief pursuant to § 35-3.9A4 above, the Zoning Board
of Adjustment shall grant or deny approval of the application within
120 days after submission by an applicant of a complete application
to the Board or within such further time as may be consented to by
the applicant. In the event that the applicant elects to submit separate
consecutive applications, the aforesaid provision shall apply to the
application for approval of the variance(s) or direction for issuance
of a permit. The period for granting or denying any subsequent approval
shall be as otherwise provided in this chapter. Failure of the Board
to act within the period prescribed shall constitute approval of the
application, and a certificate of the Board Secretary as to the failure
of the Board to act shall be issued on request of the applicant. 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.
Content.
A.
Each application for approval of a minor subdivision, minor site
plan, preliminary major subdivision, preliminary major site plan,
final major subdivisions, final site plan or a conditional use, as
the case may be, and each application for variance relief, shall include
all information and data listed in the appropriate corresponding checklists.
B.
The Department of Community Services (herein called the "administrative
officer") shall review all applications and accompanying documents
required by this chapter to determine that the application is complete.
An application for development shall be complete for purposes of commencing
the applicable time period for action by the Planning Board or the
Zoning Board of Adjustment when so certified by the administrative
officer. In the event that the administrative officer does not certify
the application to be complete within 45 days of the date of its submission,
the application shall be deemed complete upon the expiration of the
forty-five-day period for purposes of commencing the applicable time
period unless the application lacks information indicated on the checklist
for such application, and the administrative officer 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 Agency shall grant or deny the request 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.
C.
The administrative officer may 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 administrative officer, except where
the additional information or revisions are required to correct faulty,
inadequate, or missing information necessary to reasonably review
the application.
A.
Uses and activities requiring site plan approval. All actions that
qualify as changes of use and minor and major site plans shall require
Board approval, except that individual lot applications for detached
one- or two-family units, and construction work found by the Zoning
Officer to constitute ordinary repairs shall be exempt from site plan
review.
B.
Waiver of site plan approval. The Zoning Officer may waive the requirement
for site plan approval when a proposed development does not involve
a change in use and does not meet the eligibility requirements for
minor or major site plan; consists solely of nonstructural changes
in the facade of a structure; or consists of an interior change which
does not increase parking requirements and does not involve any other
substantial site development considerations.
C.
Uses and activities requiring subdivision approval. Subdivision approval
shall be required prior to the recording of any plat or deed affecting
the subdivision of any land in the City of Summit except in the following
cases, when no new streets are created:
1.
Divisions of property by testamentary or intestate provisions.
2.
Divisions of property upon court order.
3.
Conveyances so as to combine existing lots by deed or other instrument
as set forth under N.J.S.A. 40:55D-7.
4.
The conveyance of one or more adjoining tracts, lots or parcels of
land, owned by the same person or persons, all of which are found
by the administrative officer to conform to the requirements of this
chapter and are shown and designated as separate lots, tracts, or
parcels on the Tax Maps.
In all cases involving such exempted divisions, the administrative
officer shall certify the exemption on the plat or deed or instrument
to be filed with the county.
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.
Submission requirements. Traffic impact statements shall be required for major subdivision and major site plan applications, 16 copies of which shall be submitted to the Board for review. When required, traffic impact statements shall be submitted prior to a formal Technical Review Committee meeting of the application for City staff review and comment in accordance with § 35-5.7.
C.
Submission format. All traffic impact statements shall provide a
description of the impact and effect of the proposed land development
upon all roads that are adjacent to the proposed development or immediately
affected by traffic from the proposed development 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 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.
A.
Submission required. The Board may require an environmental impact
assessment as part of preliminary approval of a major subdivision
or major site plan. The Board may, at the request of an applicant,
waive portions of the environmental impact assessment requirements
upon a finding that a complete report need not be prepared in order
to evaluate adequately the environmental impact of a particular project.
The Board shall review the application with specific reference to
the following areas of concern:
1.
A significant percentage (25% or more) of the property has a grade
of 15% or more.
2.
A significant percentage (25% or more) of the property is within
or borders a floodplain, wetland, wetland buffer zone or priority
watershed area as defined by the New Jersey Department of Environmental
Protection (NJDEP).
3.
Industrial activities involving the use, processing or manufacture
of hazardous, toxic or corrosive substances as defined and named in
regulations promulgated by the USEPA or NJDEP.
4.
The visual impact that the project could have on scenic corridors.
B.
Decision on need for environmental impact assessment. The reviewing
board shall make a determination as to whether an environmental impact
assessment should be required of the applicant, provided in part as
determined to be necessary, or waived entirely given the nature of
the development application. This determination should be made as
soon as possible in the development review process. However, in the
course of a hearing on an application, it may be determined that an
environmental impact assessment is required to aid the Board in evaluating
the application.
1.
The administrative officer shall refer any environmental impact assessment
to the Environmental Commission upon its receipt for review and comment,
along with the proposed schedule for hearing(s) on the application.
2.
The Environmental Commission shall either submit its review of the
environmental impact assessment within 10 days of its regularly scheduled
meeting or, in the alternative, may submit a formal request for additional
time to perform an appropriate review.
C.
Submission format. All environmental impact assessments shall consist
of written and graphic materials which clearly present the following
information:
1.
Project description. A description of the proposed project shall
be presented to indicate the extent to which the site must be altered,
the kinds of facilities to be constructed and the uses intended. The
resident population, working population and visitor population shall
be estimated.
3.
Site description and inventory. The suitability of the site for the
intended use shall be discussed. This shall include a description
of environmental conditions on the site, which shall include, but
not be limited to, the following items:
a.
Topography. A description and map of the topographic conditions
of the site shall be provided.
b.
Contamination. Information regarding the presence or absence
of environmental contamination, including: the presence of known or
suspected contaminants on site; prior uses of the property; the status
of any past or present administrative or judicial proceeding involving
contamination or remediation of contamination on the site; copies
of no further action ("NFA") letters issued by the NJDEP. In appropriate
cases, the Board may require similar information with regard to surrounding
sites.
c.
Critical areas. A description and map of the wetland areas,
wetland buffers, watershed priority areas and floodplains on the site
shall be provided.
d.
Surface water. A description and map of existing watercourses
and water bodies that are partially or totally on the site shall be
identified.
e.
Groundwater. A description and groundwater contour map of existing
wellheads and/or groundwater aquifers that are partially or totally
on the site shall be provided.
f.
Unique scenic features. Describe and map those portions of the
site that can be considered to have unique scenic qualities and any
scenic view from or of the site.
g.
Miscellaneous. When warranted, an analysis shall be conducted
of existing air quality and noise levels as prescribed by the New
Jersey Department of Environmental Protection. When warranted, the
Board may also request delineation of conditions on adjacent properties.
4.
Impact. The negative and positive impacts of the project during and
after construction shall be discussed. The specific concerns that
shall be considered include the following:
a.
Soil erosion and sedimentation resulting from surface runoff.
b.
Flooding and floodplain disruption.
c.
Degradation of surface water quality.
d.
Sewage disposal.
e.
Solid waste disposal.
f.
Destruction or degradation of scenic features on- and off-site.
g.
Air quality degradation.
h.
Noise levels.
i.
Lighting levels, including trespass lighting.
j.
Effect on the community, including projected population increase,
increase in municipal and school services, and consequences to the
municipal tax structure.
k.
Watersheds.
5.
Environmental performance controls. The applicant shall indicate
the measures which will be employed during the planning, construction
and operation phases of the project to minimize or eliminate negative
impacts on and off site. Of specific interest are:
a.
Stormwater management plans and plans for soil erosion and sedimentation
controls.
b.
Water supply and water conservation proposals.
c.
Noise reduction techniques.
d.
Screening and landscaping intended to enhance the compatibility
of the development with adjacent areas.
e.
Miscellaneous on-site and off-site public improvements.
6.
Alternatives. A discussion of site design and project location alternatives
that were considered shall be provided. The discussion shall indicate
why an alternative was rejected if it would have resulted in less
of a negative impact than the proposed development.
7.
Licenses, permits and other approvals required by law. The applicant
shall list all known licenses, permits and other forms of approval
required by law for the construction and operation of the proposed
project. This list shall include, but is not be limited to, approvals
required by the City and agencies of the county, state and federal
governments. Where approvals have been granted, copies of said approvals
shall be attached. A listing of approvals needed or pending shall
be provided as a component of the application checklist.
8.
Documentation. All publications, file reports, manuscripts or other
written sources of information, which were consulted in preparation
of the environmental impact assessment, shall be listed and footnoted.
A list of all agencies and individuals from whom pertinent information
was obtained orally or by letter shall be listed separately. Dates
and locations of all meetings shall be specified.
9.
Review. Applicants shall be encouraged or required to provide suitable
mitigation for all adverse environmental impacts and other conditions
identified in the environmental impact assessment and/or in the course
of the public hearings before the Board.
D.
Review of written comments of Environmental Commission; time. The
Board, before taking any action hereunder, shall review the written
comments of the Environmental Commission. In the event the Environmental
Commission fails to provide its written comments to the Board within
10 days of the Environmental Commission's regularly scheduled monthly
meeting, or within such other review time as the Board may have granted,
the Board shall be free to take action pursuant hereto without reviewing
the Environmental Commission's comments.
Whenever an applicant intends to construct a development in
phases, phasing information shall be included in the plans for preliminary
approval, and all phases shall be:
A.
Functionally self-contained and self-sustaining with regard to access,
circulation, parking, utilities, open spaces and all other site improvements
and physical features and shall be capable of perpetual independent
use, occupancy, operation and maintenance upon completion of construction
and development of the section or stage.
B.
Properly related to other services of the community as a whole and
to those facilities and services yet to be provided in the full execution
and implementation of the plan.
C.
Provided with such temporary or permanent transitional features,
buffers or protective areas as are necessary to prevent damage or
detriment to adjoining properties or to any completed section or stage.
In addition, such temporary or permanent transitional features, buffers
or protective areas shall not impede development of future sections
or stages in the planned development.
D.
Plans, estimated dates of completion for each section or stage and
specifications of such sections or stages are to be filed with the
Board which must be of sufficient detail and of such scale as to fully
demonstrate the arrangement and site locations of all structures,
primary and accessory land uses, parking, landscaping, public and
private utilities and services facilities and landownership conditions.
A.
Submission requirements. Submission requirements for minor subdivision
and minor site plan approval are provided in the Minor Subdivision
and Minor Site Plan Checklist located in the Appendix at the end of
this chapter.[1]
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
B.
Review by city agencies and officials. The officials and agencies
forward their comments and recommendations, in writing, to the administrative
officer in a timely manner after receipt of the application for submittal
to the Technical Review Committee or the Board, as appropriate.
C.
Board action.
1.
The Board will conduct a public hearing and act within the appropriate
time period for each type of application, as governed by the Municipal
Land Use Law.[2] The Planning Board generally has a time period of 45 days
for most minor subdivision and minor site plan applications. The Zoning
Board of Adjustment has a time period of 120 days for most applications.
Conditional use applications, in front of either Board, have a time
period of 95 days.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
2.
Failure of the Board to act within the period prescribed shall constitute
minor subdivision or minor site plan approval, and a certificate of
the Board Secretary as to the failure of the Board to act shall be
issued on written 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
Registrar for purposes of filing minor subdivision plats or deeds.
D.
Effect of approval. Approval of a minor subdivision or minor 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 minor 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.
E.
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.,[3] or a deed clearly describing the approved minor subdivision
is filed by the developer with the County Registrar, the City 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 the said act.
[3]
Editor's Note: See now N.J.S.A. 46:26B-1 et seq.
F.
Extensions of minor subdivision or minor site plan approval.
1.
The Board may extend the 190-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 what would otherwise be the expiration
date of minor subdivision approval; or the 91st day after the developer
receives the first legally required approval from other governmental
entities, whichever occurs later.
A.
Submission requirements. Submission requirements for preliminary
major subdivision and preliminary major site plan approval are provided
in the Preliminary Major Subdivision and Preliminary Major Site Plan
Checklist located in the Appendix at the end of this chapter.[1]
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
B.
Review by City agencies and officials. The officials and agencies
cited shall forward their comments and recommendations, in writing,
to the administrative officer within 14 days after the receipt of
the application for submittal to the formal Technical Review Committee
or the Board, as appropriate.
C.
Board action. The Board will conduct a public hearing and act within
the appropriate time period for each type of application, as governed
by the Municipal Land Use Law.[2]
1.
Subdivisions.
a.
Except for applications governed by other 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 Board Secretary as to the failure of the Board to act shall
be issued on written request of the applicant. Said certificate shall
be sufficient in lieu of the written endorsement or other evidence
of approval herein required.
2.
Site plans.
a.
Except for applications governed by other 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 Board Secretary as to the failure of the Board to act shall
be issued on written request of the applicant. Said certificate shall
be sufficient in lieu of a written endorsement or other evidence of
approval herein required.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Effect of preliminary approval. Preliminary approval of a major subdivision
or major 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.
In the case of a subdivision of or a site plan for a planned development
of 50 acres or more, conventional subdivision or site plan for 100
acres or more, or site plan for development of a nonresidential floor
area of 200,000 square feet or more, the appropriate Board may grant
the rights referred to in § 35-5.18D1 through 3 above for
such period of time, longer than two years, as shall be determined
by the appropriate 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
Board may thereafter grant, an extension of final approval for such
additional period of time as shall be determined by the 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.
5.
Whenever the Board grants an extension of preliminary approval pursuant
to § 35-5.18D3 and D4 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.
6.
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 what would otherwise be the expiration
date of the preliminary approval, or 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
section shall not preclude the Board from granting an extension pursuant
to § 35-5.18D3 and D4 above.
E.
Time limits for filing applications for final approval. Notwithstanding the rights conferred on the applicant in § 35-5.18D above, the developer must file an application for final approvals within three years of the date on which the resolution granting preliminary approval is adopted, or within such periods of extension as may have been granted by the Board.
F.
Simultaneous preliminary and final site plan approval. Combined preliminary
and final site plan approval may be granted at the Board's discretion,
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 final major site plan approval are provided in the
Final Major Subdivision and Final Major Site Plan Checklist located
in the Appendix at the end of this chapter.[1]
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
B.
Review by city agencies and officials. The officials and agencies
cited shall forward their comments and recommendations, in writing,
to the administrative officer within 14 days after the receipt of
the final application for submission to the Technical Review Committee
or the Board.
1.
The administrative officer shall forward copies of the application
to the following officials for review and comment where appropriate:
2.
The Board or the administrative officer shall also have the authority
to refer any application to other agencies or individuals for comments
or recommendations.
C.
Board action.
1.
The Board shall conduct a public hearing and grant final approval
if the Board determines that the detailed drawings, and any other
documentation submitted with 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.[2] In the case of a planned unit development, planned unit
residential development or residential cluster, the Board may permit
minimal deviations from the conditions of preliminary approval necessitated
by change of conditions beyond the control of the developer since
the date of preliminary approval without the developer being required
to submit another application for development for preliminary approval.
[2]
Editor's Note: See N.J.S.A. 46:26B-1 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
Board Secretary as to the failure of the Board to act shall be issued
on written 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 Registrar for purposes of filing.
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 Registrar
in accordance 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.
In the case of a subdivision or site plan for a planned development
of 50 acres or more, conventional subdivision or site plan for 100
acres or more, or site plan for the development of nonresidential
floor area of 200,000 square feet or more, the Board may grant the
rights referred to in Subsection D1 of this section for such period
of time, longer than two years, as shall be determined by the Board
to be reasonable, taking into consideration:
a.
The number of dwelling units and nonresidential floor area permissible
under final approval.
b.
Economic conditions.
c.
The comprehensiveness of the development. The developer may
apply for thereafter, and the Board may thereafter grant, an extension
of final approval for such additional period of time as shall be determined
by the Board to be reasonable, taking into consideration the following:
3.
Whenever the Board grants any extension of final approval pursuant
to § 35-5.19D1 and 2 above, 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.
4.
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 what would otherwise be the expiration date of final approval,
or 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 section shall not preclude the
Board from granting an extension pursuant to § 35-5.19D1
and D2 above.
E.
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 190-day period if the
applicant proves to the reasonable satisfaction of the Board 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 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 signatures of the Chairperson and of the 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 treated as a new application and 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 minor site plan, except
as set forth below. The Checklist for Conditional Use Applications
is located in the Appendix at the end of this chapter.[1]
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.
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 is 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.
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
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. The applicant shall be responsible for filing all necessary
applications, plans, reports and other documents directly with the
County Planning Board.
A.
Site plans.
1.
When all conditions of any minor, preliminary or final site plan
approval have been met, the applicant shall submit to the administrative
officer one Mylar copy for signature:
2.
The applicant shall submit an engineer's estimate of detailed and
individualized costs of site development for review by the City or
Board Engineer.
a.
The City Engineer will review the applicant's estimate and either
accept, modify, or reject the costs.
b.
If accepted, the City Engineer will notify the applicant as
to the specific amounts to be submitted as performance guarantees
and inspection fees.
c.
If modified or rejected, the City Engineer will notify the applicant
and obtain revised and acceptable estimate amounts which will then
form the basis of the guarantee and inspection fees.
3.
The applicant shall submit all performance guarantees and inspection
fees to the administrative officer, who shall transmit these guarantees
and fees to the City Treasurer for posting to the appropriate account(s).
4.
The City Engineer shall then sign the Mylar(s) and return the Mylar
set to the applicant for recording and duplication.
5.
Upon receipt, the applicant shall return three paper copies and one
complete signed Mylar set to the administrative officer. The complete
set shall include all site plans and details, including building elevations,
floor plans and other information, as required by the Board.
B.
Subdivisions.
1.
In addition to the foregoing, whenever any subdivision is to be perfected
by the filing of the approved plat with the County Registrar in conformance
with the Map Filing Law, the applicant shall submit to the administrative
officer at least two Mylars of the plat intended for recording, one
of which must be returned to the administrative officer for filing.
Provided that it conforms to the Map Filing Law,[1] the plat intended for recording shall be signed by the
Board Chairperson, Secretary and Engineer. After signing, the Mylars
shall be returned to the applicant for recording with the County Registrar.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
2.
Whenever any minor subdivision is to be perfected by the filing of
a deed with the County Registrar, the applicant shall submit to the
administrative officer one original deed for review and approval by
the City Engineer. The approved deed shall be signed by the City Engineer
and the Board Chairman and shall be returned to the applicant for
purposes of recording.
C.
File copies.
1.
Following the filing of any approved subdivision plat or minor subdivision
deed with the County Registrar, the applicant shall promptly deliver
to the administrative officer at least three copies of the filed plat
or recorded deed, as the case may be. The administrative officer shall
then distribute copies of the same.
2.
The administrative officer shall return in the Board's files at least
one true copy of all signed and approved site plans and subdivision
deeds and all signed, approved and filed subdivision plats, as part
of the Board's records.
A.
General development plan. Any developer of a parcel of land for which
the developer is seeking approval of a planned development N.J.S.A.
40:55D-45 et seq. shall submit a general development plan to the Planning
Board prior to the granting of preliminary subdivision approval or
preliminary site plan approval.
B.
Single plan sheet. Except for required reports and other written
documentation, the entire development site and its surrounding environs
shall be shown on a single plan sheet in addition to other required
forms of plan documentation. The development site may also be divided
into sections to be shown on separate sheets of equal sizes, with
reference on each sheet to the adjoining sheets.
C.
Requirements of a general development plan. A general development
plan shall include the following:
1.
A land use plan indicating the tract area and locations of the existing
and proposed uses to be included in the planned development. The total
amount of nonresidential floor area to be provided and proposed land
area to be devoted to nonresidential use shall be set forth. In addition,
the proposed types of nonresidential uses to be included in the planned
development shall be set forth, and the land area to be occupied by
each proposed use shall be estimated;
2.
A circulation plan showing the general location and types of transportation
facilities, including bus facilities and facilities for pedestrian
and bicycle access, within the planned development and any proposed
improvements to the existing transportation system outside the planned
development. The plan shall include the following:
a.
The projected peak-hour traffic volumes on secondary arterial
and collector roads at the estimated time of completion of the initial
proposed section of the planned development, including both internal
and adjacent external volumes.
b.
The peak-hour volume capacity relationship of level of service
at completion of development on secondary arterial and collector roads
servicing the planned development.
c.
The projected peak hour turning movements at completion of development
for all major intersections, both internally and adjacent to the project.
d.
A general description of any off-tract road or intersection
improvements necessitated by traffic increase as a result of the planned
development, and a general schedule for their implementation.
e.
The circulation plan shall describe appropriate mass transit
opportunities within and to the planned development, including any
traffic management techniques anticipated to be utilized in achieving
peak-hour traffic reductions.
f.
The circulation plan shall primarily be based on a traffic study
prepared by the applicant. The traffic study shall be conducted prior
to the submission of a complete general development plan application
to the Planning Board. The traffic study shall also identify the impact
of the new development proposed for the site, and a comparison of
the proposed and existing uses. Associated traffic impacts on secondary
arterial and collector roads servicing the planned development shall
also be included, along with a recommendation on off-tract or intersection
improvements necessary to accommodate this increase. The costs of
any off-tract or intersection improvements necessitated by the planned
development shall be calculated by the applicant, agreed to by the
City Engineer, and included, if necessary, within the municipal development
agreement. Any potential off-tract or intersection improvement impact
fee(s) shall be assessed based upon a fair-share contribution analysis
in the traffic study that accounts for traffic generated by the planned
development.
3.
An open space plan showing the proposed land area and general location
of land areas to be set aside for plazas and campus green focal points
and for conservation and recreational purposes and a general description
of improvements proposed to be made thereon, including a program for
the operation and maintenance of such lands;
4.
A utility plan indicating the need for and showing the proposed location
of sewage and water lines, and drainage facilities necessitated by
the physical characteristics of the site, proposed methods for disposal
and/or recycling of solid waste and research waste, and a plan for
the operation and maintenance of proposed utilities;
5.
A stormwater management plan setting forth the proposed method of
controlling and managing stormwater on the site and addressing any
off-site impacts;
6.
An environmental inventory, including a general description of the
vegetation, soils, topography, geology, surface hydrology, climate
and physical resources of the site, existing man-made structures or
features and the probable impact of the development on the environmental
attributes of the site and its environs;
7.
A community facility plan indicating the scope and type of supporting
community facilities;
8.
A local service plan indicating those public and private services
which the applicant proposes to provide, and which may include, but
not be limited to, water, sewer, and solid waste disposal,
9.
A design and development criteria booklet shall be provided, establishing
design and development criteria for buildings; parking, service and
access; lighting; signs; and drainage, preservation of existing major
treed areas, tree protection during construction, and other landscape
design considerations. The booklet shall also address criteria for
environmental and visual protection during construction.
10.
A proposed timing schedule in the case of a planned development
whose construction is contemplated over a period of years, including
any terms or conditions which are intended to protect the interests
of the public or employees who utilize any section of the planned
development prior to the completion of the development in its entirety.
11.
A proposed development phasing schedule (a site master plan)
in the case of a planned development whose construction is contemplated
over a period of years, and any terms or conditions which are intended
to protect the interests of the public and of the employees who occupy
any section of the planned development prior to the completion of
the development in its entirety. A phasing schedule shall not interfere
with individual building demolition permit applications to take down
buildings that are in a hazardous condition and/or affect the overall
operations/management of the site and the demolition permit is in
full compliance with existing site conditions and city zoning development
regulations.
12.
A fiscal report describing the anticipated demand on municipal
services to be generated by the planned development and any other
financial impacts to be faced by the City or school district as a
result of the completion of the planned development. The fiscal report
will also include a detailed projection of property tax revenues which
will accrue to the county, City and school district according to the
timing schedule provided and following the completion of the planned
development in its entirety.
13.
A draft municipal development agreement, which will mean a written
agreement between the City and a developer relating to the planned
development.
D.
Compliance with the Municipal Land Use Law (MLUL).
1.
The planned development shall be developed in accordance with the
general development plan approved by the Planning Board, notwithstanding
any provision of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et
seq.) or of any ordinance or regulation adopted pursuant thereto after
the effective date of the approval.
2.
The term of the effect of the general development plan approval shall
be determined by the Planning Board using the guidelines set forth
below in this section, except that the term of the effect of the approval
shall not exceed 10 years from the date upon which the developer received
final approval of the first section of the planned development.
3.
In making its determination regarding the duration of the effect
of approval of the general development plan, the Planning Board shall
consider the amount of floor area to be constructed; prevailing economic
conditions; the timing schedule to be followed in completing the development
and the likelihood of its fulfillment; the developer's capability
of completing the proposed development; and the contents of the general
development plan and any conditions which the Planning Board attaches
to the approval thereof.
E.
Modification of timing schedule. In the event that the developer
seeks to modify the proposed timing schedule, such modification shall
require the approval of the Planning Board. The Planning Board shall,
in deciding whether or not to grant approval of the modification,
take into consideration prevailing economic and market conditions,
anticipated and actual needs for nonresidential space within the City
and the region, and the availability and capacity of public facilities
to accommodate the proposed development.
F.
Variation to plan. The developer shall be required to gain the prior
approval of the Planning Board if, after approval of the general development
plan, the developer wishes to make any variation in the location of
land uses within the planned development or to increase the square
footage of the development in any section of the planned development.
G.
Amendments. Once a general development plan has been approved, it
may be amended or revised only upon application to the Planning Board.
