Somers Point City Zoning Code
ARTICLE XXII
Site Plan Review 1
§ 114-140 Intent.
Site plan review is provided for in the Municipal Land Use Law (N.J.S.A. 40:55D-37). Such review makes it possible for planning boards and zoning boards of adjustment to determine developmental impacts with regard to topography, vegetation, drainage, floodplains, marshes and waterways. Additionally, site plans show the location of existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utilization, landscaping, structures, signs, lighting and screening. In short, a site plan allows the boards involved to assess the project in order to ensure the compatibility and determine the impact of proposed uses.
§ 114-141 Preliminary and final site plan review required.
[Amended 4-25-1985 by Ord. No. 10-1985; 7-24-1986 by Ord. No. 13-1986; 12-22-1986 by Ord. No. 27-1986; 4-8-1999 by Ord. No. 4-1999]
A.
Except as may be otherwise required or provided for within this chapter, within the City of Somers Point, compliance with preliminary and final site plan review will be required for all new construction, all building conversions and alterations and all changes in use, with the exception of single-family detached dwellings which are part of a total development of three or fewer lots. Review will be conducted prior to any excavation or removal of soil, site improvement or construction. Without approval, neither building permit nor certificates of occupancy will be issued. The site plan approval process should not be eliminated on change of use even when there are no substantial changes being made to the property, and even though parking requirements are being met. Some parts of the site plan process may be waived on an individual basis but the review process is important to upgrade properties that are subject to site plan review.
(1)
Administrative review procedures.
[Added 6-10-2010 by Ord. No. 6-2010]
(a)
Applicants requesting administrative review for minor revisions and/or additions to a site plan shall be required to submit a site plan application. This application shall be limited to the changes proposed and shall provide sufficient information to fully describe the changes proposed. No more than two administrative reviews shall be granted per applicant, provided that the City Engineer determines that the cumulative effect of the changes does not significantly alter the plan as originally approved. The City Engineer shall determine if an administrative remedy is appropriate for each particular case and shall be empowered to grant approval in lieu of Planning Board or Zoning Board of Adjustment action, if the application is one of the following and does not require a variance:
[1]
Building addition to nonresidential use of 1,000 square feet or 15% of total existing floor area, whichever is less.
[2]
Exterior lighting.
[3]
Signs.
[4]
Change in parking of 10 spaces or 10% of the existing parking area, whichever is less.
[5]
Asphalt paving of existing gravel or stone parking lot, provided that drainage will be installed to handle any additional increase of runoff and drainage calculations will be provided to the Engineer for review.
[7]
Other changes to the site plan or project which the City Engineer deems sufficiently minor in nature so as not to require review by the Planning Board or Zoning Board of Adjustment.
[8]
A change in use, provided that the desired use is permitted in the subject zone, and further provided that any effects of the change are consistent with Subsection A(l)(a)[1] through [7].
(b)
If the City Engineer determines that the proposed addition(s) or revision(s) do not meet the criteria set forth by this chapter or that such revision and addition is not minor in nature or that such change will significantly alter the plan as originally approved, the applicant shall be directed to proceed with site plan application to the Planning Board/Zoning Board of Adjustment
(c)
The Zoning Officer may authorize the Construction Official to issue permits for an administratively approved application, but only after the City Engineer has submitted written approval to the minor revision(s) or addition(s). An application for a building permit not classified as either exempt or eligible for administrative review shall require a site plan application.
B.
The reviewing board may waive certain individual requirements of the site plan approval process if it determines that the proposed development, construction, alteration, reconstruction, demolition or change in use does not affect existing traffic circulation, drainage, relationship with buildings to each other, landscaping, buffering, lighting or other considerations of site plan review, e.g., historical or architectural significance. Any applicants desiring a waiver of certain of the individual requirements of site plan review shall file an application and submit sufficient evidence to allow the reviewing board to reach such conclusions so as to permit any such waivers. This evidence may consist of sketches, property descriptions, methods of operation, photographs and other information as the applicant may care to present or as the reviewing board may require. If the reviewing board does not have on file a prior site plan, the applicant shall be required to submit a site plan pursuant to § 114-143A and drawn by a New Jersey licensed professional engineer containing the information required by § 114-143B(1) through (17). The reviewing board may attach conditions to any waiver of any particular provision of site plan review. The applicant for a waiver or waivers of certain provisions of site plan review shall submit 10 copies of the application, together with supporting data and evidence and the usual and appropriate application fees and escrows, for filing no less than three weeks prior to a regular meeting of the reviewing board.
§ 114-142 Considerations for review process.
In conducting the review process the Planning Board or Zoning Board of Adjustment (in the case of a use variance request) will consider pedestrian and vehicular movement, parking adequacy and safety, design and layout of structures, lighting, buffering, drainage, environmental elements and signs.
§ 114-143 Submission of application for preliminary approval.
A.
The applicant will submit 10 copies of the site plan, clearly drawn and accurately reproduced at a scale of one inch equals 50 feet, to the Secretary of the appropriate Board. All maps, plats and sketch plats required to be submitted by this chapter shall conform to one of the following size configurations: 15 by 21 inches, 24 by 36 inches or 30 by 42 inches. A copy of the plan shall also be sent to the Atlantic County Planning Board for review, comment and, where appropriate, approval.
B.
The plan will be drawn by a New Jersey licensed professional engineer and shall include the following information:
(1)
Key map showing the parcel to be developed in relationship to the surrounding area and all intersections and waterways within 300 feet.
(2)
Title of project, North point, scale, name and address of owner of record, name and seal of person preparing the site plan.
(3)
All lot lines, block and lot numbers and owners of record within 200 feet of the site in all directions.
(4)
All existing zoning boundaries located on or within 200 feet of the subject property.
(5)
Boundaries of the property involved, proposed building setback lines, lines of existing and proposed streets, existing and proposed lot lines.
(6)
All existing and proposed structures and topography with two-foot intervals.
(7)
Location and height of existing and proposed walls, fences, signs, culverts and bridges.
(8)
Proposed elevations for buildings.
(9)
Street profiles and cross sections indicating roadway width, location and width of sidewalks, location and width of utility easements.
(10)
Location of all proposed sewer and water lines, valves, manholes and hydrants.
(11)
A soil erosion and sedimentation control plan pursuant to the requirements of N.J.S.A. 4:24-39 et seq.
(12)
Proposed reservations for parks, playgrounds, common open space and all easements.
(13)
Location of all existing and proposed storm drainage pipes and watercourses, with pipe sizes, grades and direction of flow.
(14)
Tabulation of total acreage and percentage devoted to streets, parking and common open space.
(15)
Location, design and ingress/egress of all proposed parking areas, including bay size and size of internal aisles.
(16)
Proposed screening, landscaping and lighting.
(17)
Proposed pedestrian walkways.
(18)
An environmental impact statement, as required within various districts, if applicable. In addition to the requirements listed within each district, the impact statement shall include the following information:
(a)
An inventory of existing environmental conditions at the project site and the adjacent region which shall describe air quality, water quality and supply, hydrology, soils, topography, vegetation, wildlife, aquatic organisms, demography, land use, aesthetics, history and archaeology.
(b)
A listing of all licenses, permits or other approvals as required by law and the status of each.
(c)
An assessment of the probable impact of the project upon the topics described in Subsection B(18)(a) above.
(d)
A listing of adverse environmental impacts which cannot be avoided, both at the site and in the surrounding region.
(e)
Steps taken to minimize adverse impacts during construction and operation.
(f)
Alternatives to all or part of the project with reasons for their acceptability or nonacceptability.
(19)
An open space organization, as required within various districts. Open space shall be deeded to a corporation, association or other legal entity consisting of one or more of the property owners within the district for their use, control, management and maintenance. Any agreement providing for such ownership shall be reviewed and approved by the City Attorney to ensure that adequate safeguards are provided guaranteeing the continuance of the agreement. The agreement shall give the city the right to perform maintenance and assess the cost to the property owners in the event that the property owners fail to maintain the property in accordance with the agreement. All provisions of N.J.S.A. 40:55D-43 of the Municipal Land Use Law shall govern the establishment of the open space organization.
(20)
A solid waste/recycling plan. A solid waste/recycling plan in accordance with N.J.S.A. 40:55D-28 shall be required for any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and commercial or industrial development proposals for the utilization of 1,000 square feet or more of land. The solid waste/recycling plan shall address the following regarding:
[Added 7-9-1992 by Ord. No. 20-1992]
(21)
A traffic impact report.
[Added 7-9-1992 by Ord. No. 20-1992]
(a)
A traffic impact report shall accompany all applications for preliminary approval of all major site plan applications. The traffic impact report shall include the following:
[1]
Information sufficient to demonstrate that satisfactory arrangements will be added to facilitate traffic movement on the roads adjoining the development. These arrangements may include provision for necessary signalization, channelization, standby turn lanes, added highway width, adequate warning signs and adequate storage area and distribution facilities within the development to prevent backup of vehicles on public streets.
[2]
Traffic volume developed from trip generating forecasts in accordance with standards contained in Trip Generation: An Informational Report, published by the Institute of Transportation Engineers, or other reliable reference sources.
[3]
Traffic accidents, including the number of accidents which occurred at or adjacent to the site within the last three years.
[4]
Geometrics of the roadway, including the configuration of any adjacent intersection and the adjacent roadway approaches.
[5]
Roadway conditions, including the physical condition of the roadways leading to the site.
[6]
Development potential of the surrounding area based upon a reasonable number of years into the future.
[7]
Improvements based upon road classifications.
[8]
Measures to correct existing road conditions.
[9]
Estimated pro rata contributions of funds for on- and off-tract improvements and/or rights-of-way.
(b)
Where applicable, the analysis should also include the impact of development of vacant land in adjacent municipalities where such development will impact on the circulation system affecting the proposed development site.
(c)
Notwithstanding the foregoing, the reviewing board may, at the request of the applicant, waive the requirement for a traffic impact report if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible traffic impact. Portions of such requirement may likewise be waived upon finding that the complete report need not be prepared in order to evaluate adequately the traffic impact of a particular project.
(22)
A landscape plan.
[Added 7-9-1992 by Ord. No. 20-1992]
(a)
A landscape plan prepared by a New Jersey licensed and certified landscape architect or New Jersey licensed architect shall be provided so preliminary approval of all major site plan applications shall be provided. Landscaping shall be integrated into building arrangement, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative and aesthetic manner.
(b)
Regulations.
[1]
Natural topography and vegetation. The applicant shall use natural topography and vegetation where possible. Large parking areas are not to be stripped of vegetation without requiring reseeding or replanting of all unpaved areas.
[2]
Saving of trees. Every attempt shall be made by the applicant to save existing trees, even at the loss of parking spaces. Clumps of trees should be saved over single trees. Care should be taken by the municipal agency to properly evaluate the site-clearing proposals, recognizing that wild trees often do not survive when their habitat is drastically altered. Where loss of trees is suggested, replacement should be required.
[3]
Slopes. Slopes in excess of 3:1 shall be avoided unless necessitated by unusual site limitations. All slopes shall be stabilized in a manner acceptable to the municipal agency engineer.
[4]
Parking areas in front of buildings. Parking lots located in front of buildings shall be landscaped to separate them from adjacent roadways.
[5]
Screen areas and buffers. Tall dense screens are required along nonpenetrable sidelines, rear property lines and where commercial or industrial parking areas abut residences or residential zones. Evergreens, such as, but not limited to, White pine, Austrian pine, Canadian hemlock, Servian spruce, Arborvitae and upright yews may be used, provided that they meet specified height requirements.
[6]
Driveways. The areas adjacent to the driveways shall be planted with low plants or grass. Appropriate low plants include, but are not limited to, butterfly bush, Sargent juniper, inkberry, Japanese barberry or shrubby Cinquefoil.
[7]
Other required landscaped areas. Where a development plan indicates raised walkways between opposing rows of cars, areas at the end of bays or, where proposed or required by the municipal agency, specific planting islands are indicated, these areas shall be landscaped. Planting strips may be as narrow as five feet, with a width of 15 to 20 feet most desirable. All should be raised and protected by permanent concrete curbing.
[8]
The applicant shall landscape 5% to 10% of the parking areas provided.
[9]
Natural setting. In proposing a landscaping plan, an applicant shall take care and the municipal agency, in reviewing, shall require that prevailing community standards be preserved. Recognizing that a major community asset lies in the preservation of the natural condition of property, all efforts in the area of landscaping shall be exercised to provide consistent landscaping proposals with existing foliage.
(23)
Suitable provisions for bicycle parking to be provided on-site based on the type/scale of use proposed, so long as a minimum of five regular and/or wide tire bicycle parking spaces are provided, with no more than 10 bicycle parking spots required.
[Added 12-14-2023 by Ord. No. 27-2023]
§ 114-144 Submission of application for minor site plan and administrative review.
[Added 7-9-1992 by Ord. No. 20-1992; amended 6-10-2010 by Ord. No. 6-2010]
A.
Standards for review. The data to be included for a minor site plan shall be sufficient to enable the municipal agency to determine that the proposed site design shall not have a deleterious effect upon the neighborhood and that it is designed in conformance with the standards of this chapter.
B.
Submission requirements. The applicant shall file with the administrative officer, at least 28 days prior to the meeting of the municipal agency, the following:
(1)
The required application forms supplied by the administrative officer.
(3)
A signed escrow agreement.
(4)
Certification by the Tax Collector that all taxes are paid to date.
(5)
A copy of the minor site plan checklist.
(6)
The site plan, which shall be a true and accurate map drawn to a scale of not less than one inch equals 50 feet, on a sheet 24 by 36 inches, or drawn to a scale of one inch equals 100 feet, with the exact size, shape and location of existing and proposed buildings, with all yard dimensions and the actual dimensions of each lot to be built upon.
(7)
A key map, at a scale of not less than one inch equals 2,000 feet, showing the location of the tract within the city and its relation to major streets, water bodies and political boundaries within the area.
(8)
Certification and signature lines for the Chairman, Secretary and Engineer of the appropriate reviewing board and other reviewing agencies.
(9)
A reference meridian.
(10)
Applicable zoning; covenants running with the land, existing deed restrictions and the proposed use of the property clearly shown or exhibited in separate documentation. Lands to be dedicated or reserved for public use shall be clearly indicated. If additional right-of-way is to be dedicated or reserved for public use, this shall be clearly indicated. If additional right-of-way is to be dedicated to the City of Somers Point, a note stating: "Additional right-of-way dedicated to City of Somers Point for road widening purposes" shall appear on the plan or, to the county, if a road is under its jurisdiction.
(11)
Setback dimensions, which shall be shown on the plan.
(12)
Existing and proposed contours with intervals of one foot where slopes are 3% or more and spot elevations where needed to show the situation properly (indicate datum).
(13)
Location on site and 500 feet therefrom of ponds, streams, drainage ditches and watercourses. There shall be provided sufficient elevation data beyond the limits of the tract to determine the size and elevation of areas which drain toward the tract. Profiles and cross sections of watercourses draining to or from the tract for a sufficient length to determine the effect of the proposed development upon other lands adjoining the watercourses shall be provided. Boundaries of floodplains of water bodies (if defined) within land development shall be shown. Where defined, they should correspond to the floodway and flood hazard areas commonly designated by the New Jersey Department of Environmental Protection.
(14)
All buildings, structures, wooded areas, easements, rights-of-way, signs, lights and paving within the tract and 100 feet therefrom.
(15)
Tax Map Sheet, block and lot number for the site and the names of the owners, lot lines and block and lot numbers of lands within 200 feet of the site; existing and proposed zoning requirements.
(16)
The names and addresses of the record owner and person who prepared the plan.
(17)
Proposed buildings or structures, including dimensions, distances from property lines, corner elevations, first floor elevation, floor areas, front, rear and side elevations and preliminary architectural plans shown on the site plan.
(18)
The location and arrangement of vehicular accessways and location; the size and capacity of all parking and loading areas shall be included.
(19)
Curbs, sidewalks, walkways and all other areas devoted to pedestrian use, which shall be clearly delineated.
(20)
A complete landscape plan, including size and type of all plants, shall be included.
(21)
The location of all utilities shall be shown, including water supply, sewers, gas and electric services, lighting, illumination and refuse storage area. Provisions for industrial waste or effluent shall be shown.
(22)
A storm drainage system shall be shown and the applicant shall supply drainage calculations to substantiate the size and location of the proposed storm drainage system.
(23)
A parking schedule.
(24)
Pavement construction detail.
(25)
The locations and details of all signs.
(26)
Designs and details of any structures, such as curbs, sidewalks, retaining walls, manholes, headwalls and retention basins. The locations, dimensions, capacity and depth of underground storage tanks, along with a detail showing the proposed method of anchoring shall be shown.
(27)
Where work is to be done in the municipal right-of-way, a detailed plan at any scale of not less than one inch equals 30 feet, showing the layout of any intersection, including driveways to a municipal road. This plan shall show the following:
(a)
Existing elevations of the center line of the municipal road every 25 feet to extend 100 feet beyond the property line or intersection pavements transition.
(b)
Proposed elevations of the curb, gutter and top of curb every 25 feet along the municipal road.
(c)
Half cross sections every 50 feet and at critical points along the municipal road and spot elevations of the center line, edge of pavement and proposed curbing along the municipal road.
(d)
Pavement markings, signs and traffic control islands and devices.
(e)
Proposed structures.
(28)
Provisions for soil erosion and sediment control.
(29)
Suitable provisions for bicycle parking to be provided on-site based on the type/scale of use proposed, so long as a minimum of five regular and/or wide tire bicycle parking spaces are provided, with no more than 10 bicycle parking spots required.
[Added 12-14-2023 by Ord. No. 27-2023[1]
[1]
Editor's Note: This ordinance also redesignated former Subsection B(29) as Subsection B(30).
(30)
Other information as may be required by the reviewing board.
C.
Administrative review checklist. The following checklist is designed to assist applicants in preparing plans for Administrative review. The applicant should check off each item and submit the checklist with the application to ensure that the information is included on the plan. Items omitted will delay consideration by the Planning/Zoning Board professionals. The site plan shall show the following information and be drawn according to all relevant standards set forth in § 114-141A(1). Submittal materials are as follows:
[Added 6-10-2010 by Ord. No. 6-2010]
(1)
Five copies of the plans shall be submitted on one of the following sheet sizes: 24 inches by 36 inches or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections and shown on separate sheets of equal size, with reference on each sheet as to the location of all adjoining sheets.
(2)
Five copies of the City of Somers Point land development application form as well as the original document.
(3)
Five copies of all submitted documents for the application as well as the original document.
(4)
The plan shall be drawn or reproduced at a scale of not less than one inch equals 50 feet.
(5)
The zoning district and zoning requirements.
(6)
North arrow and graphic scale contained on each sheet.
(7)
Name, address and signature of person preparing the plan. The plan shall be prepared, signed and sealed by a licensed New Jersey land surveyor, engineer, planner or architect as required by state regulation.
(8)
A certified survey of the property prepared by a New Jersey land surveyor with bearings and distances provided for all property lines. The survey shall be provided with datums in NM) 83 and NGVD 88 for horizontal and vertical datums, respectively, or NAD 27 and NAVD 29. The following shall be shown on the survey:
(a)
All existing structures on site with dimensions to property lines.
(b)
All existing easement areas.
(c)
All asphalt gravel, dirt, sidewalk and curbing areas.
(d)
All existing drainage features on and within 50 feet of property lines.
(e)
All existing utilities located on the property.
(f)
Existing elevation and contours, at one-foot intervals, to determine the natural drainage of land within the subject property and extending 100 feet from the property lines.
(g)
Sight triangles and street sign locations shall be clearly indicated at all intersections to roadways.
(h)
All trees or vegetative areas shall be shown on the survey.
(9)
All proposed means of vehicular access and egress to and from the site onto public streets and the location of existing driveways on adjacent land if closer than 75 feet.
(10)
Proposed paving cross section, parking stall dimensions and driveway widths shall be provided.
(11)
Locations of all existing structures showing existing and proposed front, rear and side yard setback distances, and an indication of whether the existing structures and uses will be retained or removed.
(12)
Title block containing name of applicant and development, lot and block numbers, date prepared and date of latest revision.
(13)
Proposed connections to existing water supply and sanitary sewerage systems, or alternative means of providing these services.
(14)
Location of existing and proposed wells and septic systems.
(15)
Lighting and signage plan showing the locations of signs and light standards, heights, setbacks, type of light standard, hours of illumination and lighting pattern superimposed onto the plan and noted in footcandles.
(16)
All applicable fees must be paid with submission.
§ 114-145 Minor site plan documentation.
[Added 7-9-1992 by Ord. No. 20-1992]
Minor site plan approval requires the following documentation:
A.
The names and addresses of record owners of tracts within 200 feet of the site.
B.
Copies of any protective covenants, easements or deed restrictions applying to the site.
C.
Certification from the applicant stating that no record exists of a previous site plan approval for the site which would affect the proposed application.
D.
Certification that the applicant is the agent or owner of the land or that the owner has given consent under an option agreement.
E.
Detailed cost estimates for the proposed construction of off-site improvement for bond calculation purposes.
F.
Written approval of local, county, state or federal organizations as required.
G.
A traffic study.
H.
A construction timetable.
I.
Any additional documentation as may be required by the reviewing board.
§ 114-146 Preliminary site plan approval; time limits.
[Amended 4-22-2010 by Ord. No. 4-2010; 9-26-2019 by Ord. No. 14-2019; 2-27-2025 by Ord. No. 4-2025]
Following receipt of a completed application with required fee (Article XXVII, § 114-201), the Board Secretary will notify the applicant within 45 days. The reviewing board shall:
A.
Review and grant or deny site plan approval within 45 days in the case of developments of 10 acres or less, unless the applicant is also seeking relief subject to N.J.S.A. 40:55D-60, in which case the Board shall grant or deny within 95 days. In either case, the time may be extended if agreed to by the developer.
B.
If the development is of 10 acres or more, the reviewing board shall grant or deny site plan approval within 95 days of receipt of a completed application, unless an extension is consented to by the developer.
C.
If the application has been submitted to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-76b, the Board shall grant or deny site plan approval within 120 days of receipt of a completed application, unless an extension is consented to by the developer.
D.
If the reviewing board requires substantial changes in the site plan presented as a result of a public hearing, an amended application shall be submitted and processed upon in the same manner as the original application.
E.
If the reviewing board fails to reach a decision within the specific time periods or extensions, approval of the site plan as submitted shall result.
F.
The Board and developer may discuss a sketch plat informally prior to submission of a completed preliminary site plan application for purposes of exchanging ideas, with neither side bound by the discussion.
H.
Technical and Conceptual Review Committees.
(1)
Purpose. The City of Somers Point strives to provide applicants for development with a streamlined review process, while providing applicants with complete, efficient and effective service through the application process for land development and rezoning.
(2)
Duties.
(a)
The Conceptual Review Committee (CRC) shall review conceptual plans presented by applicants to provide insight as to the deficiencies of the plan and to offer suggestions and recommendations for the submission of said plan; and to comment on the proposed plan.
(b)
The Technical Review Committee (TRC) shall informally discuss the technical aspects of a development application under review, but not yet deemed complete for Board review, and address technical requirements and standards in regards to the land use ordinance.
(3)
Review Process. The Committee meetings shall be held during normal business hours, unless special arrangements are made between the Committee and the applicant. The meeting is not a public hearing and does not have to be advertised or require notice to any party. The comments, recommendations and suggestions are nonbinding. The CRC and TRC meeting is limited to the Committee members, the applicant and their professionals.
(4)
Schedule of meetings. The meetings will be scheduled once a month on an as-needed basis. Both the CRC and TRC will meet the same day as determined by the Committee, and the applicant will be notified by the Planning/Zoning Board administrative officer. An applicant shall contact the Planning/Zoning Board administrative officer to be placed on the meeting agenda.
(5)
Attendees. The CRC and TRC shall consist of the following members:
(a)
The Planning Board or Zoning Board Solicitor or their designated representative.
(b)
The Planning Board or Zoning Board Engineer or their designated representative.
(c)
The Planning Board or Zoning Board Secretary and/or Construction/Zoning Official.
(d)
The Committee reserves the right to request the attendance of other City officials, other than members of the decision-making body, when it is determined that their expertise is necessary to address respective technical issues.
(e)
The Chairman of either Board or the Chairman's designee may be invited by the Committee, but attendance is not required.
(6)
Fees. The fees, application and review fees associated with the Technical Review Committee shall be considered to be included in the application fee and escrow fees for the proposed development. Conceptual review shall be limited to 15 minutes of review, and no fee will be charged for the Conceptual Review Committee meeting.
§ 114-147 Rights conferred upon applicant by preliminary approval.
A.
Preliminary approval of a major subdivision or of a site plan shall, except as provided in Subsections B and C of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
The general terms and conditions on which preliminary approval was granted shall not be changed, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as they relate to public health and safety;
(2)
The applicant may submit for final approval on or before the expiration date of preliminary approval, the whole or sections of the preliminary subdivision plat or site plan, as the case may be; and,
(3)
The applicant may apply for and the Planning Board may grant extensions of such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
B.
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development.
C.
The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
D.
Preliminary approval shall not be construed as granting the applicant a right to or to permit any site clearance, demolition or other site disturbance prior to final approval.
[Added 12-17-1992 by Ord. No. 26-1992; amended 8-25-1994 by Ord. No. 11-1994]
§ 114-148 Submission of final plat for approval.
The developer shall submit 10 copies of the final plat to the Secretary of the appropriate Board, which includes and is accompanied by:
A.
A site plan in final form, including all of the information shown on the preliminary plat (§ 114-143), along with the conditions of preliminary approval and any proposed dedication of streets or improvements.
B.
Performance guaranties approved by the Municipal Solicitor in an amount sufficient to cover the improvements completion.
C.
A statement from the City Engineer that construction plans for streets, drainage and other facilities comply with city standards.
D.
Final submission shall include the developer's estimate of cost for the various improvements.
E.
A letter from the City Clerk indicating the amount, form and content of the maintenance guaranty accepted by City Council, and that fees estimated by the City Engineer required for construction inspection costs other than those relating to building permit have been paid. (See Article XXVII, § 114-201.)
§ 114-149 Final site plan approval; time limit.
§ 114-150 Rights conferred upon applicant by final approval.
After final approval, the general terms and conditions of that approval, including applicable zoning rights, shall not change for a period of two years and may be extended by the reviewing board not more than three times for a period of one year.
§ 114-151 Exceptions to approval time limits for certain planned developments.
Time limits for both preliminary and final approval may be extended for planned developments of over 50 acres upon review of the Planning Board, subject to development size and comprehensiveness and/or economic conditions.
§ 114-152 Standards as minimum requirements.
Those standards established by Somers Point's Engineer and with those minimum standards called for in zoning districts (Articles IV to XIX) with regard to use, lot size, setbacks, area and bulk, landscaping, parking and signs shall be considered the minimum general standards. In addition, the specific design standards set forth in Article XXIV shall apply here.