Absecon City Zoning Code
ARTICLE XXVIII
Site Plan Waiver Requirements
§ 224-197 Intent.
[Ord. No. 02-99 § 224-197]
The intent of this Article is to reduce the cost and time usually associated with the development review process for certain applications, to encourage economic growth, and to streamline smaller commercial development applications.
§ 224-198 Site Plan Waiver Committee.
[Ord. No. 02-99 § 224-198]
The Chairman of the Planning Board shall appoint a Site Plan Waiver Committee. The Committee shall consist of at least three regular or alternate Planning Board members. The Chairman or in the Chairman's absence, the Vice Chairman, shall be an ex officio member of the Committee. The Committee shall review all site plan waiver applications and make recommendations to the full Board to waive site plan approval, conditionally waive site plan approval, or to require site plan approval. The Planning Board Chairman shall designate one member of the Committee as the Committee's Chairman and another member as the committee's Vice Chairman. In no event shall more than four members be present at a Committee meeting. The Committee shall be advisory to the Planning Board and shall not be itself a public body, its meetings shall not be public meetings even if open to the public, and its actions shall not be decisions of a municipal agency subject to a right of approval.
§ 224-199 Site plan waiver procedure.
[Ord. No. 02-99 § 224-199]
A.
Submission requirements. The applicant shall submit six copies of the fully completed site plan waiver application form with required attachments. The Committee may require additional documentation or information as deemed necessary to properly evaluate the application. The applicant may at any time withdraw a waiver request and proceed with a site plan application.
B.
Committee review. The Committee will review the application and the applicant or the applicant's representative shall be present unless waived by the Committee.
C.
Board professional review. The Committee Chairman or the Committee may refer any application to members of the Board Professional Staff for review and comments and the applicant shall provide such additional documentation or information as may be requested by the Board Professional Staff. Any Board Professional reviewing an application shall provide a written report to the Committee. If an additional escrow amount is required or Board Professional Review, the applicant shall deposit the additional amount or the Committee may administratively deny the application.
D.
Committee action. If the Committee unanimously recommends approval or denial of the waiver with at least three members of the Committee voting, no further review by the Planning Board shall be required and the Committee shall merely report such recommendation approval or denial to the full Board for acceptance. However, the Board shall not be bound by the recommendation of the Committee and may make an independent determination. If the vote is not unanimous, the waiver request shall be referred to the Planning Board for action and the Committee shall provide its report to the Board and the applicant shall have an opportunity to be heard by the Board.
E.
The opening and reconsideration. By submitting a request for a site plan waiver and accepting a waiver, the applicant shall be deemed to have consented to allowing the Planning Board to reopen and reconsider the approval of a waiver and, required by the Board, agrees to submit a site plan application within 45 days of such a determination by the Board. The Board may require a reopening and reconsideration of a waiver:
(1)
At any time within one year of the approval of a waiver or the completion of construction or the change in use or occupancy, whichever is later, if the Board determines there to have been a substantial likelihood that the approval was in error.
(2)
At any time if the Board determines there to have been substantial misrepresentation, fraud or other misconduct by or on behalf of the applicant.
§ 224-220 Standards for waivers.
[Ord. No. 02-99 § 224-220]
The Committee may waive full site plan review where there is a change in use or occupancy and only de minimis building construction or site improvements. For purposes of this section, 1,000 square feet or less of gross floor area, five parking spaces, or 2,000 square feet of additional lot coverage may be considered as de minimis construction or site improvements. A waiver may only be granted upon a determination that there will be no more than a de minimis effect on storm water drainage, traffic circulation, landscaping requirements, buffering requirements, lighting, and other considerations of site plan approval and that there is no need for additional or upgraded site improvements. No waiver may be approved if any variance is required or in connection with a conditional use approval. Since variance approval is not required where a nonconforming structure is expanded in size or altered without increasing the pre-existing nonconformity, site plan waiver may be considered.
§ 224-220.1 Administrative review procedure.
[Ord. No. 17-2000 § 1]
A.
Submission requirements will be in accordance with the Absecon Developmental Ordinance and NJ Municipal Land Use Law.
B.
Applicant shall provide six copies of the completed land development application form, site plan, supplemental documents and all applicable fees in accordance with the minor site plan checklist (Exhibit A7). Additional copies may be requested by the Board.
C.
The above shall be submitted to the Board Secretary. The secretary will forward one copy of all documents to the Board Engineer and Board Planner for review to confirm the application meets the standards for administrative review. Once the Board Engineer and Board Planner confirm the application meets the standards they will prepare a report of their findings and submit their comments and recommendations to the Board and applicant. The Board Engineer and Planner may make recommendations to modify the development proposal. The applicant may request informal meetings with the Board Engineer and Board Planner to discuss their land development application. The applicant must request such meetings through the Board Secretary. The Board Secretary will schedule informal meetings, notify all attendees, and inform the Board Chairman of such meetings. Direct telephone calls to the Board Engineer and Board Planner are permitted by the applicant to discuss the land development proposal.
D.
The Board Engineer and Board Planner will present the findings of their review to the full Board as earliest Planning Board agenda for formal approval in accordance with the Absecon Developmental Ordinance and the NJ Municipal Land Use Law.
E.
The Planning Board retains the right to request the applicant present the land development application to the Board to facilitate formal approval.
F.
The applicant must be present at the Planning Board meeting to allow for formal action to be taken by the Board.
§ 224-220.2 Standards for administrative review.
[Ord. No. 17-2000 § 2]
To qualify for possible administrative review by the Board Professionals the application for development must conform to the following:
A.
Applications must be for commercial development only.
B.
Proposed development up to 5,000 square feet of new structures or addition to an existing structure.
C.
Proposed development up to 10 new parking spaces or 10 additional parking spaces in the use of an existing development.
D.
Administrative review may only be conducted if no variances are requested.
E.
Design waivers may be considered by the Board Professionals. Board Professionals may defer the approval of design waivers to the Board.
F.
Since variance approval is not required where a nonconforming structure is expanded in size or altered without increasing the pre-existing nonconformity, administrative review for site plan may be considered.
G.
Administrative review of site plan will be in accordance with the Absecon Developmental Ordinance and the NJ Municipal Land Use Law.
H.
Applicant is responsible to secure any developmental approvals required by all other regulatory authorities having jurisdiction.