Plainfield City Zoning Code
ARTICLE VIII
Required Development Approvals, Development Permits and Approval Process
§ 17:8-1 Approvals required.
[MC 2002-29 § 17:8-1, December 2, 2002; MC 2005-25 § 1, December 19, 2005]
A.
Development Permit:
1.
It is the intent of this chapter to utilize a development permit even if a construction permit or approving authority action may not be required but where regulatory oversight is necessary to insure proper and safe installation of site elements such as fences, swimming pools, sheds and other site elements or structures as seen fit by the Zoning Officer. A development permit is considered a prior approval for issuance of a construction permit under the regulations of the Uniform Construction Code. The issuance of a construction permit or certificate of occupancy shall be deemed to require the issuance of a development permit.
2.
No structure or part thereof shall be erected, raised, moved, extended, enlarged, altered, or demolished and no land shall be altered, filled or used unless and until a development permit has been granted by the Zoning Officer. No lot or lots shall be occupied, used, raised in grade six (6) inches cleared, fenced, or altered or improved in any way in whole or in part for any purpose whatsoever unless and until the Zoning Officer issues a development permit. A development permit shall be required for the use of any land, even if there is no structure.
3.
The Zoning Officer shall review all applications for improvements and upon finding the improvement in accordance with this chapter issue a development permit upon payment of the fee specified in Article XII of this chapter. Whenever there shall be a change contemplated in the use of any lot or lots which do not have a structure upon them, a new development permit shall be required.
4.
Where the proposed construction is either a new structure or an addition to an existing structure, the applicant shall submit three (3) sets of plot plans, building floor plans and architectural elevations to the Zoning Officer. The plot plan shall show finished grades, open spaces, the established front yard building lines within one hundred (100) feet of both sides of the structure upon which the land is located and such other information that the Zoning Officer determines is necessary to show that the proposed structure shall comply with all of the requirements of this chapter for the zone district in which the lot is located. Said plan shall be drawn to scale and shall show actual dimensions and figures. All building plans and plot plans shall be signed and sealed by an appropriate New Jersey licensed professional authorized by the New Jersey Administrative Code to prepare such plans. The owner of a single family dwelling unit may prepare and sign said building plans and shall file an affidavit to that effect with said plans.
5.
No development permit shall be issued for the erection, moving, extending, enlarging, or altering of any structure, or part thereof, unless and until the plan and intended uses therefore indicate that such structure is designed to conform in all respects to the provisions of this and all other applicable ordinances of the City. No development permit shall be issued by the Zoning Officer until final approval has been granted by the appropriate approving authority. Development permits for developments requiring a variance from this chapter shall only be issued upon receipt of a written order from the appropriate authority, or upon the satisfaction of all conditions contained within a memorialized resolution of approval.
6.
No development permit shall be issued for the erection, moving, extending, enlarging, or altering of any structure, or any part thereof, including a single and two-family dwelling unit, unless and until the grading and drainage of the site has been reviewed and approved by the City Engineer. All applications for building permits and all plans submitted for such applications that are not submitted to the Planning Board or Board of Adjustment shall be forwarded to the City Engineer for review and approval of the grading and drainage. Such review shall not be required for the extension, enlargement or alteration of a single or two-family dwelling unit where such construction would not increase the lot coverage of the existing structure by more than twenty-five percent (25%).
7.
No development permit shall be issued prior to the issuance of a Certificate of Appropriateness as may be required pursuant to Article X.
8.
It shall be the duty of the Zoning Officer to issue such permits as may be required when it is sufficiently demonstrated that the land use, structure, and all other relevant aspects of an application for development conform with all of the requirements of this chapter, and that all other reviews and actions, if any, as required by other State and local regulations have been complied with and all necessary approvals have been secured.
9.
When the Zoning Officer determines that the applicant's proposed development does not meet the requirements of this chapter, the Zoning Officer shall refuse to issue a permit in writing and direct the applicant to request approval from the appropriate approving authority. The applicant may appeal this decision to the Board of Adjustment for a reversal of the Officer's decision in accordance with Article III of this chapter.
10.
If it shall appear at any time to the Zoning Officer that the development permit or development application or accompanying plans are in any respect false or misleading, or that site work is being performed upon the premises differing materially from that called for in the applications filed with him under existing zoning laws or ordinances, the Zoning Officer may revoke any permit issued, it shall be the duty of the person holding the same to surrender it and all copies thereof to the Zoning Officer. After applicable permits have been revoked, the Zoning Officer shall, before issuing any revised permit, require the applicant to file an indemnity bond in favor of the City with sufficient surety conditioned for compliance with this chapter and all laws and ordinances then in force, and in a sum sufficient to cover the cost of removing the structure if it does not comply.
11.
Whenever the City or any duly constituted Board, agency or department thereof is acting in or pursuant to the performance of a governmental function, carrying out a legislative mandate or in the exercise of its private right as a corporate body, any City owned, operated or controlled building, structure, facility or use either existing or proposed shall not be subject to the provisions of this chapter.
B.
Subdivision. Any owner of land lying within the City of Plainfield shall, prior to the subdivision or resubdivision of land as defined by this chapter, and before conveying legal or equitable title to such subdivision or any part thereof, obtain final approval of a subdivision plat pursuant to the provisions of this chapter. Such approval shall be a condition precedent to filing of such plats with the County Recording Officer. Failure to obtain final subdivision approval as required shall subject the property owner to the provisions of N.J.S.A. 40:55D-54 and 40:55D-55.
C.
Site Plan:
1.
No permit for any development, except as hereinafter provided, may be issued until approval of a site plan by resolution of the Planning Board or Zoning Board of Adjustment has been granted. Any owner of land lying within the City of Plainfield shall, except as hereinafter provided, prior to any change of use of land requiring a certificate of occupancy, or commencement or enlargement of any use requiring fencing, walls or landscape screening pursuant to this chapter, or prior to any improvement of land involving excavation, removal of soil, clearing of any site, or placing of any fill on land contemplated for development, or before any construction or alteration of any structure or parking area that would extend the exterior dimensions of such area, or requiring additional parking, obtain final site plan approval pursuant to the provisions of this chapter. Site plan approval is required for conversions of one- and two-family dwelling units to three- or more family dwelling units.
2.
The following developments shall be exempt from site plan review, but shall require approval by the Zoning Officer in order to ensure compliance with all provisions of this chapter:
a.
The construction of a single-family detached or two-family dwelling unit buildings, and construction of structures and establishment of uses accessory thereto;
b.
Change of tenancy or occupancy for nonresidential uses where the change does not require relief from any provisions of this chapter, and where the administrative officer has found the amount and size of existing parking to conform to the requirements of this chapter;
c.
Interior alterations to permitted nonresidential structures and uses that comprise less than an aggregate of two-thousand (2,000) square feet, and where the administrative officer has found that parking conforms to the requirements of this chapter;
d.
Exterior alterations to residential and nonresidential structures to cosmetically enhance the appearance of a building or structure, provided said exterior alterations do not change or enlarge the perimeter of the building or structure, and do not require relief from any provisions of this chapter;
e.
Four hundred (400) square feet or less of additional principal or accessory building floor area, or other development less than or equal to four hundred (400) square feet;
f.
Rooftop mechanical equipment or other similar appurtenant additions;
g.
Enlargements or modifications to existing exterior trash and/or recycling storage areas, where such area does not require relief from any provisions of this chapter;
h.
Fences accessory to nonresidential uses;
i.
Signs, awnings and canopies accessory to principal residential and nonresidential uses;
j.
Demolitions.
3.
No building permit shall be issued for any structure or other construction activity until final approval has been granted to a site plan for such development or such development has been certified as exempt by the Zoning Officer pursuant to the provisions of this chapter. Where no exemption is certified, no building permit shall be issued except in conformance with the site plan approval and no building permit shall be issued until satisfactory proof has been submitted by the applicant that compliance has been achieved with all requirements of the approving authority and all necessary easements, rights-of-way, leases or other documents required to commence and complete the work requisite in the approved site plan have been obtained.
4.
The plot plan required herein shall indicate current site improvements and be prepared, dated and certified by, or properly referenced to, a licensed land surveyor of the State of New Jersey.
5.
No certificate of occupancy shall be granted unless all construction and development conforms to the plans as approved by the Planning Board or Zoning Board of Adjustment. Signature of the Construction Official on the certificate of occupancy shall certify that all provisions of this chapter have been complied with for the property or structure in question.
6.
A Certificate of Compliance shall be required to be obtained prior to occupancy after the sale or conveyance of any commercial, industrial, institutional, mixed use or other property or structure within the City. No person shall occupy such property after such sale or conveyance unless such Certificate of Compliance shall have been obtained. The issuance of said Certificate of Compliance shall be contingent upon the following:
a.
The Zoning Officer's certification that the existing use is a proper use within the zone in which the property is located (This use, and its designation within Article IX of this chapter, is to be specifically stated on the Certificate);
b.
An inspection made by the City Engineer of all stormwater discharges from the structure and property to insure that no water from roof drains, sump pumps, or other stormwater collection or storage facilities is directed into the City sanitary sewer system; (All such connections must be removed, and proper connections in the City stormwater system are to be installed prior to the issuance of any Certificate of Compliance).
8.
A development permit shall specify the use of the lot or lots, or structure(s) as the case may be, in accordance with the uses stated in Article IX of this chapter and any terms or conditions under which the issuance is made. Any change of use shall be treated as a new use and a new development permit shall be required. Before any development permit shall be issued for any such change of use, all provisions of this chapter shall be complied with in the same manner as if the new use or structure was an initial use of land or structure.
§ 17:8-2 Required development application data and official checklist for completeness.
[MC 2002-29 § 17:8-2, December 2, 2002; MC 2005-25 § 1, December 19, 2005; MC 2013-13, December 9, 2013; amended 2-10-2025 by Ord. No. MC 2025-04]
A.
An application for development shall not be accepted for filing unless and until all escrows and fees, two (2) copies of plans and two (2) completed application forms are submitted.
B.
All applications for development shall comply with the requirements set forth below unless the approving authority grants submission waivers. The approving authority may request other such information as may be reasonably required but such additional information shall not affect the completeness of the application.
1.
Name of the proposed development and general description of plan and proposed use;
2.
All administrative information required on the application forms as adopted by the approving authorities applicable to the proposed development;
3.
Copy of any protective covenants and deed restrictions related to the subject property (if a deed restriction or easement is found to exist after an approving authority has granted approval to an application, the approval shall be deemed null and void. The applicant will be required to submit a revised application with the new information);
4.
All block/lot numbers and owners of the subject properties;
5.
A tax search indicating current status of all taxes, assessments, and fees due to the City of Plainfield;
6.
All requisite escrow deposits and fees;
7.
Corporation Disclosure Statement if required under N.J.S.A. 40:55-D48.1 et seq.;
8.
Consent to enter approval;
8a.
Contribution Disclosure Statement;
9.
A map or drawing in one of four standard sizes, 8 1/2"x13", 30"x42", 24"x36", or 15"x21", folded to a maximum size of 9"x12", and numbered in sequential fashion indicating total sheets submitted showing:
a.
Key map at a maximum scale of 1"-600' indicating all streets and zone districts within six hundred feet of the subject property;
b.
Name, address and phone number of applicant and property owner;
c.
Name, address, phone number and seal of architect, engineer, surveyor, planner or landscape architect who prepared plan;
d.
Date prepared and any and all revision dates;
e.
Graphic scale and north arrow;
f.
Dimensions and bearings of all existing and proposed property lines, easements, covenants and deed restrictions;
g.
Dimensions of existing and proposed street right of ways, both within and adjacent to the subject property, including street names, and distance to nearest intersection along street ROW;
h.
Location, dimensions and use of all existing and proposed structures, showing the height, building area, pedestrian and vehicular entrances and fire escapes;
i.
Square footage and/or acreage to the nearest tenth of all parcels;
j.
General slope and natural drainage, and watercourse locations and all natural and significant features (wooded areas, ponds, marshes, etc) including trees over four (4) inches caliper;
k.
Location and dimensions of existing and proposed drainage improvements, parking spaces and aisles, loading, curb cuts, driveways, driveway aprons, sidewalks and yards (front, side, and rear);
l.
Delineation of flood hazard areas;
m.
Tabulation indicating the square foot area of structures, pavement and open space and the percent of their lot coverage and floor area ratio;
n.
Zoning district of the subject property;
o.
Current outbound survey of the tract or a survey no more than five (5) years old certified by a licensed land surveyor that there have been no changes. Such survey shall include the adjacent right of way with curbs, driveways and sidewalks certified by a licensed New Jersey land surveyor, or appropriate reference to such survey;
p.
Zoning table showing all required and proposed conditions including all relief from zone requirements that is being sought;
q.
A specific submission waiver request for each required site plan/subdivision requirement of this ordinance;
r.
Signatures block for City Engineer, board chairman and board secretary.
s.
List of all variances and design waivers that are requested.
C.
Minor Subdivision Plat. The following information is required in addition to that specified in subsection A above:
D.
Preliminary Major Subdivision Plat. The following information is required in addition to that specified in subsections A and B above:
1.
Location of all proposed street rights-of-way, including cross sections and center line profiles and tentative grades;
2.
Plans and profiles of any proposed utility layout, including easements;
3.
Approximate location of all structures on adjacent tracts within two hundred (200) feet and along the same street line as the subject property.
4.
All existing and proposed contours at one (1) foot intervals within the tract and within one hundred (100) feet of the subject property indicating high and low points.
E.
Final Subdivision Plat. The following information is required in addition to that specified in subsections A and B or C above:
1.
Certification of the City Engineer pursuant to all appropriate articles of this chapter;
2.
A plat, in conformance with the "Official Map Filing Act", or deed description in conformance with an approved preliminary plat;
3.
Proof of posting all requisite bonds and fees;
4.
If applicable, a stream encroachment permit or waiver for the proposed development;
5.
If applicable, a permit or exemption issued under the Soil Erosion and Sedimentation Control Act;"
6.
The location of all land to be reserved or dedicated to public use;
7.
The location and description of all monuments.
F.
Site Plan for Preliminary Approval. The following information is required in addition to that specified in subsection A above:
1.
Scaled architectural depiction of exterior building elevations, a description of facade materials and floor plans of sufficient detail to apprise the approving authority of the scope of the proposed work;
2.
Building construction type/class (BOCA CODE);
3.
Location of all existing and proposed subsurface and above ground utilities (gas, water, telephone, electric, sanitary sewer, oil, etc.), including the location of all laterals;
4.
Finished floor elevations of all existing and proposed structures referenced to geodetic data;
5.
The approximate location of all structures on adjacent properties;
6.
Existing and proposed contour lines at one (1) foot intervals inside the tract and within thirty (30) feet of the tract's boundaries with spot elevations at all changes in grade due to construction.
7.
Location of off-street parking and loading areas, vehicular and pedestrian ingress and egress with directional traffic flow indicators, truck movement wheel base templates, sight triangle easements, fire lanes, stall dimensions and pavement surface type;
8.
Curbing and apron type;
9.
Computation of required stormwater detention volume and specification of minimum volume to be detained subsurface as part of a complete site drainage and grading plan;
10.
Total architectural lighting plan indicating location, type, and height of lighting standards with accompanying illumination design average and one (1) foot candle trace;
11.
Location, type, and height of fences, walls, and screening;
12.
Location and plant schedule of trees, shrubs, and seeded areas;
13.
Location and height of terraced and bermed areas and location at all open space areas;
14.
Location, type, and volume of refuse storage and recycling facilities;
15.
Appropriate construction details;
16.
Location, type and dimension of pedestrian paths, walkways and sidewalks and all barrier free design;
17.
A written description of the proposed use(s) and operation(s) of the building(s), including:
19.
Type and quantity of expected sanitary discharge.
G.
Site Plan for Final Approval. The following information is required in addition to that specified in subsections A and E above:
1.
A site plan conforming to the conditions of preliminary approval;
2.
If applicable, a stream encroachment permit or waiver for the proposed development;
3.
If applicable, a permit or exemption issued under the Soil Erosion and Sedimentation Control Act;
4.
If applicable, a permit or waiver from the New Jersey Department of Transportation for curb cuts or other improvements within the State right-of-way, and proof of conformance with the State Highway Access Management Code adopted by the State with respect to any State applicable highways;
5.
Proof of posting all requisite bonds and fees.
H.
Any other information as may be reasonably required by the approving authority in the course of their approval/resolution.
§ 17:8-3 Waiver of applications submission requirements.
[MC 2002-29 § 17:8-3, December 2, 2002]
When requested in writing by the applicant and when acting on applications for site plan or subdivision approval, the approving authority shall have the power to grant waivers from the submission requirements of site plan or subdivision checklist as stated in this article. These submission waivers may be granted if the approving authority finds that such request is reasonable, and that an informed decision can be rendered without the information. If the authority denies the request for submission waivers, the application will be incomplete and the Board does not have to make a decision on the application until such time as the required information is provided.
§ 17:8-4 Simultaneous review.
[MC 2002-29 § 17:8-4, December 2, 2002]
The approving authority shall have the power to review and approve or deny site plans simultaneously with review for subdivision approval without the developer being required to make further application to the approving authority or the approving authority being required to hold further hearings. The longest time period provided by the MLUL for action by the approving authority, whether it is for a variance, subdivision, or site plan approval shall apply.
§ 17:8-5 Jurisdiction for applications.
[MC 2002-29 § 17:8-5, December 2, 2002]
The order of precedence of applications for development shall be as follows:
Application | Jurisdiction |
|---|---|
Variance (N.J.S.A. 40:55D-70d) | Board of Adjustment |
Subdivision without a "d" variance | Planning Board |
Site plan without a "d" variance | Planning Board |
Variance (N.J.S.A. 40:55D-70c) | Board of Adjustment |
Building permit for structure not related to a street | Board of Adjustment |
Building permit for structure in bed of mapped street, public drainage-way, Flood control basin or public area | Board of Adjustment |
The jurisdiction of the matter of greatest precedence shall apply, and the approving authority having jurisdiction over the application shall have jurisdiction over all types of development of lesser precedence as regulated by this chapter.
§ 17:8-6 Time limits for approval.
[MC 2002-29 § 17:8-6, December 2, 2002; MC 2013-13, December 9, 2013]
Upon the date of the administrative officer certifying a complete application for development, the approving authority shall grant or deny approval within the maximum number of days of the date of such submission as specified below or within such further time as may be consented to by the applicant. Where more than one (1) type of application is involved, the longer time period shall apply.
Type of Development Application | Time Period |
|---|---|
Minor Subdivision | 45 days |
Preliminary Site Plan | 95 days |
Final Site Plan | 45 days |
Variance | 120 days |
Direction for issuance of a building permit | 95 days |
Major Subdivision < 10 lots | 45 days |
Major Subdivision > 10 lots | 95 days |
The Board of Adjustment shall grant or deny approval within one hundred twenty (120) days of the date of acceptance of a complete application for a variance pursuant to N.J.S.A. 40:55D70(d), or the filing of an appeal from a decision by the Zoning Officer. The Board of Adjustment shall render decisions in all other development applications within the time periods as described above for all approving authorities.
§ 17:8-7 Approval procedure.
[MC 2002-29 § 17:8-7, December 2, 2002; MC 2005-25 § 1, December 19, 2005; MC 2010-27, § 4, November 23, 2010; MC 2013-13, December 9, 2013; amended 2-10-2025 by Ord. No. MC 2025-04]
A.
Preapplication Conference/Informal Review - see N.J.S.A. 40:55D-10.1.
B.
If an applicant does not request a preapplication conference or informal concept plan review, or upon completion of the conference submits an application, the following process is to be followed:
1.
An applicant may file an application for development with the Board of Adjustment for action without prior application to the Zoning Officer per N.J.S.A. 40:55D-72.
2.
All applicants shall submit one (1) original and two (2) copies of an application for development to the Planning Division pursuant to this chapter. This includes the application documents, requisite plans or plats as per Article VIII of this chapter, and the application fees as provided for in Article XIII of this chapter.
3.
An applicant may file a sketch plat of a major subdivision for preliminary discussion before the preliminary plat is prepared. The review of the sketch plat is designed to enable the approving authority and the applicant to discuss principles involved in the application before the applicant has gone to the expense of completing detailed engineering drawings. Any review or acceptance of a sketch plat is not tantamount to an approval and does not constitute approval, recording, or the commencement of construction.
4.
The Planning Division, in consultation with the City Engineer if necessary, shall determine the completeness of the application as follows and advise the applicant in writing as required. This process will continue until the application is deemed complete. An application for development shall be complete for purposes of commencing the applicable time period for action by a Board when so certified by the administrative officer. In the event that the administrative officer does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period unless:
5.
If the application is deemed incomplete, the applicant may request that one (1) or more of the submission requirements be waived, in which event the Board shall grant or deny the request within forty-five (45) days of the date of the application being deemed complete. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that such applicant is entitled to approval of the application. The administrative officer may subsequently require correction of any information found to be in error, and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary for approval of the application for development have been met.
6.
Upon the preliminary determination of a complete application, the applicant shall submit two (2) additional copies of the application documents and plans/plats. Failure to so submit within seven (7) days of the determination of completeness will render the application incomplete. Upon their receipt, the Board Secretary shall schedule a hearing under the provisions of Article I of this chapter. A hearing shall be held on all applications for development.
7.
Upon receipt of the information required under Article VIII, the Board Secretary shall distribute the application for review and reports to the following officials:
a.
City Engineer
b.
Administrative Officer/Director of the Division of Planning
c.
Zoning Officer
d.
Director of Public Safety
e.
(Reserved)
f.
Fire Chief
g.
Director of Health
i.
Union County Planning Board
j.
Office of Economic Development
k.
Shade Tree Commission
l.
Construction Official
The above officials shall be requested to submit written comments to the approving authority at least one (1) week prior to the hearing date.
8.
The approving authority shall grant or deny each application in accordance with findings pursuant to this chapter and within the time periods provided in this chapter. Where the application involves a site plan or subdivision plat, such approval shall be deemed preliminary unless otherwise stated.
§ 17:8-8 Review by Union County Planning Board.
[MC 2002-29 § 17:8-8, December 2, 2002]
Whenever review or approval of the application by the Union County Planning Board is required, the approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or failure to report thereupon within the required time.
§ 17:8-9 Findings for approval.
[MC 2002-29 § 17:8-9, December 2, 2002]
The approving authority may grant approval to an application for development where it finds that:
A.
The proposed development is consistent with the master plan adopted by the Planning Board;
B.
The proposed use is compatible with surrounding uses;
C.
The proposed use does not have any injurious effect on surrounding property values;
D.
The proposed use is so designed, located and proposed to be operated that the public health, welfare, safety and convenience of the citizens are protected;
E.
The interests of the public, and of the residents, occupants and owners of the proposed development are protected;
F.
The proposed layout of the development is consistent with the requirements of all appropriate articles of this chapter;
G.
The streets are sufficiently wide, graded and located to accommodate prospective traffic to provide easy access for fire fighting and emergency equipment to buildings and coordinated into a convenient and efficient system and are consistent with the official map and the circulation element of the master plan, provided that no street of a width greater than fifty (50) feet within the right-of-way lines is required unless said street constitutes an extension of an existing street or a street shown on the official map that is of greater width;
H.
Adequate potable and fire water supplies, drainage, shade trees, sewerage facilities and other utilities necessary for essential service to residents and occupants are provided;
I.
Off-tract water, sewer, drainage and street improvements that are necessitated by development are provided;
J.
Development of lands designated as subject to flooding is designed so as to avoid danger to life and property;
K.
Provision is made for protection and conservation of soils from erosion by wind, water, excavation or grading and from contamination by unsanitary fill or dumping;
L.
The applicant has submitted evidence that no taxes or assessments for local improvements are due or delinquent on the property for which application is made;
M.
Where deemed appropriate, that the proposed structures are suitably located;
N.
Safe and efficient vehicular and pedestrian circulation, parking and loading is provided;
O.
Exterior lighting is adequate for safety and security reasons;
P.
Existing natural resources are to be preserved by the development;
Q.
The proposed development is suitably screened and landscaped;
R.
The provisions of the City recycling ordinance are properly addressed by the proposed development;
S.
The proposed development conforms to State of New Jersey, Union County, and City of Plainfield Highway Access Management Codes.
§ 17:8-10 Rights under preliminary approval.
[MC 2002-29 § 17:8-10, December 2, 2002]
Preliminary approval of a subdivision or site plan shall confer upon the applicant the following rights for a three (3) year period from the date on which the resolution of preliminary approval is adopted:
A.
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 size; yard dimensions and off-tract improvements; and, in the case of a site plan, existing natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; and exterior lighting both for safety reasons and street lighting, 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;
B.
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or section(s) of the preliminary subdivision plat or site plan;
C.
That the applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards may govern;
D.
That the approving authority grants an extension of preliminary approval, and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what otherwise would be the expiration date. (The developer may apply for the extension either before or after what would otherwise be the expiration date.);
E.
That the approving authority shall grant an extension of preliminary approval for a period determined by the authority but not exceeding one (1) year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the authority 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.
A developer shall apply for the extension before (1) what would otherwise be the expiration date of preliminary approval or (2) the ninety-first (91st) day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later.
Failure by the applicant to submit all required documents for final approval within the stated time periods will render the approval void. The applicant must submit a new application if the development is still desired.
§ 17:8-11 Guarantees required.
[MC 2002-29 § 17:8-11, December 2, 2002]
A.
Before granting of final approval for subdivision plats or site plans, or as a condition to the issuance of a development permit, the approving authority may require and shall accept the following in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on tract improvements.
1.
A performance guaranty in favor of the City in an amount not to exceed one hundred twenty percent (120%) of the cost of installation shall be posted. The cost shall be determined by the City Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 and this chapter for improvements. The City deems improvements necessary and appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyors' monuments as shown on the final map and as required by the Map Filing Law, (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. The City Engineer shall review the improvements required by the approving authority which are to be bonded and itemize their cost. Said itemization shall be the basis for determining the amount of the performance guaranty and maintenance guaranty required by the approving authority and shall be appended to each performance guaranty posted by the obligor. The City Engineer shall forward an estimate of the cost of improvements to the obligor within thirty (30) days of the date of receipt of a request sent by certified mail for said estimate.
2.
A maintenance guaranty shall be posted with the City Council for a period not to exceed two (2) years after final acceptance of the improvement, in an amount not to exceed fifteen percent (15%) of the cost of the improvement, which cost shall be determined by the City Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 and this chapter. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or that the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required for such utilities or improvements.
B.
The City Clerk shall forward a copy of the Council resolution and the performance and/or maintenance bond to the Board Secretary and City Engineer upon release thereof.
C.
The amount of any performance guaranty may be reduced by the City Council by resolution, when portions of the improvements have been certified by the City Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be established by the City Council resolution. As a condition or as part of any extension of time, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed one hundred twenty percent (120%) of the cost of installation, which cost shall be determined by the City Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.
D.
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the City for the reasonable cost of the improvements not completed or corrected, and the City may, either prior to or after the receipt of the proceeds thereof, complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law".
E.
Upon substantial completion of all required site improvements and appurtenant utility improvements, and the connection of same to the public system, the obligor shall notify the City Council in writing, by certified mail addressed in care of the City Clerk, of the completion of said improvements and shall send a copy simultaneously to the City Engineer. Thereupon, the City Engineer shall inspect all of the improvements and shall file a detailed list and report, in writing, with the City Council, and simultaneously with the obligor, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection not later then forty-five (45) days after receipt of the obligor's request. The list prepared by the City Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory.
The report shall also identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the City Engineer and appended to the performance guaranty as per above.
F.
The City Council, by resolution, shall either approve the improvements determined to be complete and satisfactory to the City Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the City Engineer and appended to the performance guaranty. This resolution shall be adopted not later than forty-five (45) days after the receipt of the list and report prepared by the City Engineer. Upon adoption of the resolution by the City Council, the obligor shall be released from all liability pursuant to its performance guaranty except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that thirty (30%) percent of the amount of the performance guaranty posted may be retained to ensure completion of all improvements.
G.
If the City Engineer fails to send or provide the list and report as requested by the obligor within forty-five (45) days from the receipt of the request, the obligor may apply to the Court in a summary manner for an order compelling the City Engineer to provide the list and report within a stated time and the cost of applying to the Court, including reasonable attorney's fees, may be awarded to the prevailing party.
H.
If the City Council fails to approve or reject the improvements determined by the City Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within forty-five (45) days from the receipt of the City Engineer's list and report, the obligor may apply to the Court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approval complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the City Engineer and appended to the performance guaranty, and the cost of applying to the Court, including reasonable attorney's fees, may be awarded to the prevailing party.
I.
In the event that the obligor has made a cash deposit with the City or approving authority as part of the performance guaranty, then any partial reduction granted in the performance guaranty shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.
J.
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification as set forth in this section shall be followed. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the City Council or the City Engineer.
K.
The obligor shall reimburse the City for all reasonable inspection fees paid the City Engineer for the foregoing inspection of improvements provided that the municipality may require the developer to place a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of five hundred ($500.00) dollars or five percent (5%) of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments for which the reasonably anticipated fees are less than ten thousand ($10,000.00) dollars, fees may, at the option of the developer, be made in two (2) installments. The initial amount deposited by a developer shall be fifty percent (50%) of the reasonably anticipated fees. When the balance on deposit drops to ten percent (10%) of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the City Engineer, for inspections, the developer shall deposit the remaining fifty percent (50%) of the reasonably anticipated fees. For those developments for which the reasonably anticipated fees are ten thousand ($10,000.00) dollars or greater, fees may, at the option of the developer, be made in four (4) installments. The initial amount deposited by a developer shall be twenty-five percent (25%) of the reasonably anticipated fees. When the balance on deposit drops to ten percent (10%) of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the City Engineer, for inspections, the developer shall make additional deposits of twenty-five percent (25%) of the reasonably anticipated fees. The City Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall apply by stage or section.
L.
To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the City Council shall be deemed, upon the release of any performance guaranty required pursuant to this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to the site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the appropriate City officials.
§ 17:8-12 Final site plan/subdivision approval procedures.
[MC 2002-29 § 17:8-12, December 2, 2002]
A.
The applicant may submit to the Secretary of the Board, which granted such approval application for final approval. Such submission for final site plan approval is to include five (5) sets of appropriate application forms, site plans, and required documents in addition to the fee as provided for in Article XIII of this chapter. Submissions for final subdivision approval shall include five (5) sets of the appropriate application forms, one (1) original and five (5) copies of the revised deed or plat, and required documents, in addition to the fee as provided for in Article XIII of this chapter.
B.
The approving authority shall grant final approval to the submittal if the detailed drawings, specifications and estimates of the application conform to the standards adopted by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the "Map Filing Law" (N.J.S.A. 46:23-99, et seq.).
C.
Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the Board Secretary, or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final approval and a certificate by the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant, and 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.
§ 17:8-13 Rights and effect of final approval.
[MC 2002-29 § 17:8-13, December 2, 2002]
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date on which the resolution of final approval is adopted; provided that in the case of subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required, the approving authority may extend such period of protection for extensions of one (1) year but not to exceed three (3) extensions. Notwithstanding any other provisions of this chapter or the Municipal Land Use Law, the granting of final approval terminates the period of preliminary approval.
B.
Whenever the approving authority grants an extension of final approval, and final approval has expired before the date on which the extension is granted, the extension shall begin on what otherwise would be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
C.
The approving authority shall grant an extension of final approval for a specific period but not exceeding one (1) year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the authority 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. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the ninety-first (91st) day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later.
§ 17:8-14 Filing of plats.
[MC 2002-29 § 17:8-14, December 2, 2002]
A.
Recording of Final Approval of Subdivision:
1.
Final approval of a subdivision shall be evidenced by the signature of the City Engineer and the Chair and Secretary of the approving authority on the instruments.
2.
Final approval of a major subdivision shall expire ninety-five (95) days from the date of the signing of the plat unless within such period the plat shall have been duly filed with the County Recording Officer. The approving authority may, for good cause shown, extend the period recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat.
3.
The approving authority may extend the one hundred ninety (190) day period for filing a minor subdivision plat or deed if the developer proves to their reasonable satisfaction that the developer (1) 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 (2) 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 authority. The developer may apply for the extension either before or after what would otherwise be the expiration date.
B.
It shall be the duty of the County Recording Officer to notify the approving authority and the City Tax Assessor in writing within seven (7) days of the filing of any plat, identifying such instrument by its title, date of filing and official number. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and by written request of the City Council the plan shall be expunged from the official records.