Chesilhurst City Zoning Code
ARTICLE VIII
Procedures For Development Review and Approval
§ 285-35 Submission, review, and approval of sketch plats, minor subdivisions, and minor site plans.
A.
Any owner of land within the Borough, prior to subdividing or resubdividing land, as these actions are defined in this chapter, shall submit to the Secretary of the Planning Board, or other designated official, at least two weeks prior to the regular meeting of the Planning Board a sketch plat of the proposed subdivision for purposes of classification and preliminary discussion. A sketch plat submission is recommended, but not required, for a major site plan or a major subdivision.
B.
Sketch plats, minor subdivision plats, and minor site plans shall meet the following submission requirements in order to constitute a complete application:
(1)
Eight black and white copies of the plat or plan, prepared in accordance with Article IX of this chapter;
(2)
Eight completed copies of the written descriptive information required for the application, in accordance with Article IX;
(3)
The applicable fee for a minor subdivision or a minor site plan, in accordance with the fee schedule in Article VII of this chapter;
(4)
A certificate of paid taxes;
(5)
Proof of application to the Camden County Planning Board, if required, and proof of application for any other federal, state or county approvals; and
C.
The Borough Engineer shall review the submission for its completeness and take action accepting or rejecting the submission as a complete application no later than 15 days after the submission is received by the Planning Board Secretary. If the submission is incomplete, the material shall be returned to the applicant for a resubmission at least 15 days prior to a subsequent meeting of the Planning Board.
D.
If classified and approved as a minor or major subdivision by the Planning Board, a notation to that effect shall be made on the sketch plat, signed by the Chairman of the Planning Board and returned to the applicant.
E.
If approved with conditions, all conditions on minor subdivision or minor site plans shall be completed within 90 days of the meeting at which conditional approval was granted, otherwise the conditional approval shall lapse. If classified as a major site plan or major subdivision, modifications to the sketch plat are not required.
F.
Copies of plans.
(1)
Before returning any approved sketch plat, minor subdivision, or minor site plan to the applicant, the Planning Board Secretary shall have sufficient copies made to furnish one copy to each of the following:
(2)
Sufficient copies of the plat or plan shall be furnished by the applicant for distribution to these officials, or the Borough may obtain copies, the cost of which shall be charged to the applicant and collected before return of the original plat or plan to the applicant.
G.
Where County Planning Board approval is required, a copy of the plat or plan shall be forwarded to said Board for its consideration. The local Board may condition its action upon receipt of approval by the County Planning Board.
H.
Approval of a minor subdivision shall expire within 190 days from the date of approval by the Planning Board unless within said period a plat, in conformity with the approval and any conditions imposed by the Board, is filed by the applicant with the County Recording Officer, the Borough Engineer, and the Municipal Tax Assessor. Said filing shall be either by plat in conformity with the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or by deed clearly describing the approved minor subdivision. Any such plat or deed accepted for filing shall have been signed by the Chairman and Secretary of the Planning Board and by the Borough Engineer.
I.
In accordance with N.J.S.A. 40:55D-54, the County Recording Officer shall notify the Planning Board of the filing of any plat within seven days of filing.
J.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided the approved subdivision shall have been duly recorded, as specified above.
§ 285-36 Submission, review and approval of preliminary plat for major subdivisions and major site plans.
B.
Applications for preliminary plat approval shall be submitted to the Secretary of the Planning Board, or other designated official, at least two weeks prior to the regular meeting of the Planning Board. Applications shall include the following, which shall constitute a complete application:
(1)
Eleven black and white copies of the plat or plan, prepared in accordance with Article IX of this chapter;
(2)
Eleven complete copies of the written descriptive information required for the application, in accordance with Article IX;
(3)
Two copies of any protective covenants, deeds, deed restrictions, and easements, applying to the land being developed;
(4)
A certificate of paid taxes;
(5)
Proof of application for preliminary approval to the Camden County Planning Board, and proof of application for any other federal, state, or county approvals;
(7)
A certificate of filing from the Pinelands Commission.
C.
The Borough Engineer shall review the submission for its completeness and take action accepting or rejecting the submission as a complete application no later than 15 days after the submission is received by the Planning Board Secretary. If the submission is incomplete, the material shall be returned to the applicant for a resubmission at least 15 days prior to a subsequent meeting of the Planning Board.
D.
Any plat which requires County Planning Board approval shall be forwarded to said Board for its review and action. The local Board may condition its action upon receipt of approval by the County Planning Board.
F.
Prior to the hearing, copies of the application, the site plan and written descriptive materials shall be forwarded by the Planning Board Secretary to the following persons:
G.
The Planning Board may grant preliminary approval to a site plan for 10 acres of land or less without holding a public hearing. However, the Board may hold a hearing on site plans of this size if it is deemed by a majority of the Board that the proposed use, proposed intensity of development, location of the tract, traffic conditions, environmental concerns, or any other concerns might be of such significance that the Board desires to receive the public's comments.
H.
Action shall be taken by the Planning Board in accordance with the time limits specified in § 285-18 of this chapter.
I.
Decisions reached by the Planning Board, either favorably or unfavorably, shall be subject to the provisions for decisions under § 285-29 of this chapter.
J.
No final approval, however, shall be granted by the Planning Board until the requirements of § 285-8 of this chapter have been met.
[Amended 11-10-1988 by Ord. No. 88-10]
K.
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of approval:
§ 285-37 Submission, review, and approval of the final plat for major subdivisions and major site plans.
A.
Prior to approval of a final subdivision plat or final site plan, the applicant shall have installed any required improvements, or posted a performance guarantee assuring their installation, as specified under Article X of this chapter.
B.
The applicant or developer shall submit to the Secretary of the Planning Board, or other designated official, at least 15 days prior to a regular meeting of the Planning Board, the following, which shall constitute a complete application:
(1)
One mylar original and 11 black and white copies of the plat or plan, prepared in accordance with Article IX of this chapter;
(2)
Eleven copies of the written descriptive information required for the application, in accordance with Article IX;
(3)
A certificate of paid taxes;
(4)
Certificate of title to the tract;
(5)
Proof of application for final approval to the Camden County Planning Board, and proof of application for any other federal, state, or county approvals that are required;
(7)
Proof that a duplicate copy of the application for final approval has been filed with the Pinelands Commission.
C.
The Borough Engineer shall review the submission for its completeness and take action accepting or rejecting the submission as a complete application no later than 15 days after the submission is received by the Planning Board Secretary. If the submission is incomplete, the material shall be returned to the applicant for a resubmission at least 15 days prior to a subsequent meeting of the Planning Board.
D.
Any plat which requires County Planning Board approval shall be forwarded to said Board for its review and action. The local Board may condition its action upon receipt of approval by the County Planning Board.
E.
Action shall be taken by the Planning Board in accordance with the time limits specified in § 285-18 of this chapter.
F.
Decisions reached by the Planning Board, either favorably or unfavorably, shall be subject to the provisions for decisions under § 285-8 of this chapter.
[Amended 11-10-1988 by Ord. No. 88-10]
H.
Upon final approval the plat shall be filed by the landowner or subdivider with the County Recording Officer within 90 days of the date of approval. Failure to file said plat within the specified time period shall nullify the final approval.
§ 285-38 Approval of conditional uses.
Any uses identified under Article XIII as conditional uses shall be subject to approval by the Planning Board, in accordance with the procedures for submission, review, and approval of major site plans, as specified under § 285-36 and 285-37, above. Conditional uses, so identified, shall be subject to the requirements for a public hearing, regardless of the amount of land area involved. Said public hearing shall conform with the requirements for hearings, as specified under §§ 285-25, 285-26 and 285-27 of this chapter.
§ 285-39 Exceptions.
The Planning Board, when acting upon applications for subdivision or site plan approval, shall have the power to grant exceptions from the requirements for subdivision or site plan approval in this article, as may be reasonable and within the general purpose and intent of the procedures, if the literal enforcement of one or more requirements is impracticable, or will exact undue hardship because of peculiar conditions pertaining to the particular tract affected by the subdivision or site plan.
§ 285-40 Use of Pinelands development credits; proof.
[Added 11-10-1988 by Ord. No. 88-10; amended 3-12-1998 by Ord. No. 98-1; 4-12-2001 by Ord. No. 2001-1]
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Borough approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Borough approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 285-8H and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.