Delaware City Zoning Code
ARTICLE VIII
Application Procedures
§ 230-77 General procedures.
Application must be made for any development as herein defined which requires the prior approval of either the Planning Board or the Zoning Board of Adjustment. Any application for development must be submitted to the Administrative Officer of the proper board at least 28 days prior to a regular meeting of such board. Application forms and checklist of requirements may be obtained from the Administrative Officer of such board.
§ 230-78 Development proposals requiring application to Planning Board.
[Amended by 3-10-2008 by Ord. No. 2008-03LU]
The following applications shall be submitted to the Planning Board for review and approval:
A.
Application for boundary adjustment and exchange.
B.
Application for boundary adjustment and merger.
C.
Application for conditional use.
D.
Application for division of land for agricultural purposes.
E.
Application for minor subdivision.
F.
Application for preliminary major subdivision.
G.
Application for final major subdivision.
H.
Application for site plan approval.
I.
Application for variance pursuant to N.J.S.A. 40:55D-70c in conjunction with any of the above, except for Subsection C, conditional use, where the variance is from a condition applicable to a conditional use.
§ 230-79 Development proposals requiring application to Board of Adjustment.
[Amended 6-24-2019 by Ord. No. 2019-15]
The following applications shall be submitted for review and approval:
A.
Application for a variance pursuant to N.J.S.A. 40:55D-70d.
B.
Application for a variance pursuant to N.J.S.A. 40:55D-70c if no subdivision or site plan is also involved.
C.
Application to appeal a decision of the Zoning Officer relating to the zoning regulations.
D.
Application to decide requests for interpretation of the Zoning Map, farmland boundaries, or zoning regulations.
E.
Application for a variance from a condition applicable to a conditional use.
F.
Application for site plan or subdivision approval if made together with or subsequently to an application for a variance pursuant to N.J.S.A. 40:55D-70d.
G.
Application for a certificate of prior nonconforming use or structure.
§ 230-80 Public notice of hearing.
[Amended 3-10-2008 by Ord. No. 2008-03LU]
In accordance with § 230-74 of this chapter, public notice of a hearing shall be required for all applications to the Planning Board except those identified in § 230-79A, B, D, E and G above and shall be required for all applications to the Zoning Board of Adjustment.
§ 230-81 Additional requirements for applications to Planning Board.
Various applications to the Planning Board must follow the additional procedures and requirements set forth below:
A.
Applications for subdivision of property. Applications for minor, limited major, or major subdivisions or the division of land for agricultural purposes shall follow the applicable procedures and requirements set forth in Article IX of this chapter.
B.
Application for conditional uses. Applications for conditional use approval shall follow the procedures and requirements set forth in Article IV and this article.
C.
Application for site plan approval. Applications for site plan approval shall follow the procedures and requirements set forth in Article X of this chapter.
§ 230-82 Complete application.
A.
Rulings by the municipal agency. An application for development is ruled complete by a municipal agency or its authorized committee or designee for the purpose of commencing the applicable time period for action by the municipal agency. In the event that the agency, committee or designee 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 application time period unless:
(1)
The application lacks information indicated on the applicable checklist included in Article X of this chapter; and
(2)
The municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
B.
Requests for waivers. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. In the event that some items may not be completed on the application or plats for the purpose of computing the within fees, the applicant shall supply in writing to the Planning Board or Board of Adjustment, as the case may be, a written statement signed by the applicant or his attorney indicating why the details cannot be placed on the plats, and the plats shall not be considered complete until the Planning Board or the Board of Adjustment has received the plans to ascertain whether the omitted details could be included for the purpose of computing the within fees.
C.
Applicant's requirement to prove entitlement. 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.
D.
Correction of errors. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance 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 municipal agency.
E.
Advice as to completeness. In each case when the plans are complete, the administrative officer shall notify the applicant, in writing, of the date upon which its application will be heard. In the event that the Board finds the application to be incomplete for the purposes of this section, it shall direct either the Planning Board or Board of Adjustment administrative officer to advise the applicant indicating that its plans are incomplete and detailing what items must be included prior to the Planning Board or Board of Adjustment considering the application complete or holding any public hearings or work sessions on the plans.
