Development plans shall be so designed as to enhance the general appearance of the City of Lambertville and to promote the harmonious use of land; to lessen congestion in the streets; to secure safety from fire, panic, or other dangers; to promote the general health, safety, and welfare; to provide adequate light and air; to prevent the overcrowding of land, buildings and roadways by an undue concentration of population; to encourage development which would facilitate pedestrian access and the use of mass transit; to encourage creative development and design consistent with the policies of the Master Plan of the City of Lambertville, and the regulations promulgated herein. Applications for development shall be reviewed for meeting the standards for development contained within this Ordinance and other land development regulations of the City and more particularly the following specific objectives:

All development shall permit and encourage only those uses of the land which, through the standards adopted in this Ordinance, provide for flexibility in planning and development and that respect the natural character of the land, the drainage system, soil capabilities, groundwater and aquifer recharge quality, and to include only those uses that are compatible with allowed uses in the zoning district and existing uses on adjacent lands. Such compatibility shall be determined on the basis of inventories of the natural features of the site, plans indicating the physical relationship among types of uses and any natural or man-made barriers, existing or planned, between different uses both within and adjacent to the proposed development, and sufficient information to determine the effect of such development upon the quality of life of the City of Lambertville.

All development shall be planned and designed to achieve the goals and objectives for land development as are or may be set forth in the Lambertville Master Plan duly adopted by the Planning Board with regard to conservation, historic preservation, community facilities, recreation, open space, recycling, affordable housing, utility distribution, circulation, community design standards and guidelines, land use, fiscal impact, economic development, and the goals for development of adjacent municipalities, Hunterdon County and the State.

All development shall be planned and designed to achieve the City's goals of permitting and encouraging a population density and a development pattern in the municipality that facilitates the provision of public utilities and services, including public water and public sewerage, storm drainage systems, recreation areas, public schools, state, county, and local roads, in an orderly, functional and economical manner.

Common open space and adequate recreation areas shall be set aside in suitable locations to provide for the recreation needs of the residents and the owners of the development and those portions of the project that, because of their natural features, constitute important visual amenities and environmental resources. Development is intended to create after completion a continuity of open space resulting from the integration of upland, wetland, floodplain and surface water areas in accordance with the goals and objectives of the Master Plan.

All development shall be planned and designed to promote and achieve aesthetically pleasing views from and to various land uses. The creation and promotion of such aesthetic conditions shall strengthen and preserve the municipality's unique environmental heritage and promote the civic pride, prosperity, and general welfare of the residents of the development, the municipality, and visitors thereto.

The following guidelines shall be used in the review of any application for development or conditional use:

No variance or other relief may be granted under the terms of this Article unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance.

Any variance from the terms of this Article hereafter granted by the Planning Board or Zoning Board of Adjustment, as the case may be, permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises, shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within 12 months from the date of entry of the judgment or determination of the Zoning Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing and appeal from the decision of the Zoning Board of Adjustment to the Governing Body, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.

Applications for development, zoning permits and building permits within the Lambertville Historic District shall be reviewed for their effect upon the purpose and intent of the district in accordance with the procedures of the Historic Preservation Commission in § 902 of the Land Development Ordinance, the design standards in § 613 of the Land Subdivision Ordinance, and the review criteria herein.

The Development Review Committee shall examine each application to ascertain that all required checklist items required by municipal ordinance are shown or furnished in the application or accompanying documents, or that otherwise a waiver has been requested. If all checklist items are provided and no waivers requested, the application shall be deemed complete and the applicant shall be so notified. If waivers are requested as to any items, the Committee shall recommend that the full Board grant or deny said waivers, with or without conditions, as to the application at its next regularly scheduled or special meeting. The Board shall, at its next ensuing regularly scheduled or special meeting held not later than 45 days from the date of submission of such application with the Committee's recommendations, decide whether to grant or deny the waiver or waivers requested and to declare the application with waivers complete. The merits hearing, if properly noticed, may occur immediately following a declaration of completeness from the Board having jurisdiction. If the Development Review Committee fails to provide notice of incompleteness with information about the deficiencies within 45 days of the filing, the application shall be deemed complete.

Nothing herein shall otherwise limit the power of the Board having jurisdiction to grant appropriate waivers, including waivers for submissions in other contexts, as provided in the Municipal Land Use Law[1] and the City's ordinances, such as waivers coupled with requests for bulk variances or other appropriate relief.