Watchung City Zoning Code
ARTICLE 28
800 DEVELOPMENT APPLICATION REVIEW PROCEDURES AND CHECKLISTS
28-801 JURISDICTION OF RESPONSIBILITY DURING DEVELOPMENT APPLICATION REVIEW.
[Ord. No. OR:09/01 § 28-801]
The Planning Board and the Zoning Board of Adjustment shall have the powers granted by N.J.S.A. 40:55D-1 et seq. The Planning Board and Zoning Board of Adjustment shall establish procedures in their bylaws for the orderly review of applications consistent with the MLUL and other applicable requirements of law.
28-802 APPLICABILITY OF REQUIREMENTS.
[Ord. No. OR:09/01 § 28-802]
A.
Subdivision Review. All subdivisions as defined in this chapter are subject to the review procedures and time periods for decision specified in N.J.S.A. 40:55D-1 et seq.
B.
Site Plan Review. All site plans as defined in this chapter are subject to the review procedures and time periods for decision specified in N.J.S.A. 40:55D-1 et seq. and the following provisions.
1.
No construction permit shall be issued for any new structure or for an addition or alteration to an existing structure, and no certificate of occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the municipality except that:
a.
A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) or accessory uses on a lot shall not require site plan approval.
b.
Any change of use from one permitted category of nonresidential use to another permitted category of nonresidential use shall not require site plan approval if:
(1)
Both the Construction Official and Zoning Officer certify to the Board in writing that the existing site development meets the requirements of this chapter for the new use category;
(2)
The new use category does not require an increase in the number of required parking spaces; and
(3)
The Planning Board concurs with the findings of the Construction Official and Zoning Officer.
c.
Permitted accessory structures to residential and agricultural/horticultural uses shall not require site plan approval.
d.
Building alterations shall not require site plan approval if the following conditions apply:
(1)
There is no change in use;
(2)
No additional parking is required;
(3)
No additional building area is proposed;
(4)
No variance is required;
(5)
There is no major change in circulation proposed such as drive-through windows, ingress or egress drives, changes in internal circulation, loading or unloading, delivery or pickup of goods and services or trash collection; and
(6)
There are no major changes in a significant site facility or improvement such as a drainage facility, buffer or landscaping features and the like.
e.
Fences not included as part of a site plan application shall not require site plan approval, but shall require the issuance of a zoning permit.
f.
Signs not included as part of a site plan application shall not require site plan approval, but shall require the issuance of a zoning permit except as exempted by this chapter
2.
An applicant may elect to file for preliminary and final site plan approval simultaneously to expedite the review process. The site plan shall be prepared according to the requirements stipulated for final approval. Developers electing to by-pass the preliminary approval stage are doing so at the peril of added expense if changes in design are required.
C.
Variance Relief. All applications for variance relief to the Zoning Board of Adjustment not involving any related site plan, subdivision or conditional use approval shall be filed with the Administrative Officer at least thirty (30) days prior to the regular meeting of the Zoning Board of Adjustment and shall include the information and materials listed on the checklist for variances attached to this chapter,[1] and the fees in accordance with this chapter. Review procedures and time periods for decision shall be as specified in N.J.S.A. 40:55D-1 et seq.
[1]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
D.
Informal Review by the Planning Board. At the request of any party, the Planning Board shall grant one (1) informal review, without a fee pursuant to § 901 of this chapter, regarding a concept plan for a development for which a developer intends to prepare and submit an application for development. Additional meetings shall be scheduled at the discretion of the Planning Board. No professional review(s) will be undertaken unless the developer has agreed to pay for said review(s) and has established an escrow account also in accordance with this chapter.
28-803 SUBMISSION OF MINOR SUBDIVISION PLATS AND MINOR SITE PLANS.
[Ord. No. OR:09/01 § 28-803]
A.
Procedure for Submitting Minor Subdivision Plats and Minor Site Plans. The applicant shall submit to the Administrative Officer all information and materials listed on the checklist for such applications attached to this chapter,[1] and the fees in accordance with this chapter.
[1]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
B.
Details Required for Minor Subdivision Plats and Minor Site Plans. Each submission shall be in accordance with the applicable checklist for such application attached to this chapter.[2]
[2]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
28-804 SUBMISSION OF PRELIMINARY MAJOR SUBDIVISION PLATS AND PRELIMINARY MAJOR SITE PLANS.
[Ord. No. OR:09/01 § 28-804]
A.
Procedure for Submitting Preliminary Major Subdivision Plats and Preliminary Major Site Plans. The applicant shall submit to the Administrative Officer all the information and materials listed on the checklist for such applications attached to this chapter,[1] and the fees in accordance with this chapter.
[1]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
B.
Details Required for Preliminary Major Subdivision Plats and Preliminary Major Site Plans. Each submission shall be in accordance with the applicable checklist for such application attached to this chapter.[2]
[2]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
C.
Effect of Preliminary Approval of Major Subdivision Plats and Major Site Plans. Preliminary approval shall confer rights upon the applicant and the Board may grant extensions of those rights in accordance with N.J.S.A. 40:55D-1 et seq.
28-805 SUBMISSION OF FINAL MAJOR SUBDIVISION PLATS AND FINAL MAJOR SITE PLANS.
[Ord. No. OR:09/01 § 28-805]
A.
Procedure for Submitting Final Major Subdivision Plats and Final Major Site Plans. The applicant shall submit to the Administrative Officer all information and materials listed on the checklist for such applications attached to this chapter,[1] and the fees in accordance with this chapter.
[1]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
B.
Details Required for Final Major Subdivision Plats and Final Major Site Plans. Each submission shall be in accordance with the applicable checklist for such application attached to this chapter.[2]
[2]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
C.
Effect of Final Approval of Major Subdivision Plats and Major Site Plans. Final approval shall confer rights upon the alteration and the Board may grant extensions of those rights in accordance with N.J.S.A. 40:55D-1 et seq.
28-806 COMPLETE APPLICATION AND CHECKLISTS.
[Ord. No. OR:09/01 § 28-806]
A.
Checklist. The purpose this chapter is advanced by adopting checklists[1] which state the requirements of submission of all applications for development to the Borough Planning Board or Board of Adjustment. Such requirements shall be necessary to allow the Administrative Officer or designee to rule on whether or not an application may be deemed complete and placed on the agenda of the Board with jurisdiction.
[1]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
B.
Submission. Every application for development submitted to the Borough for review by the Planning Board or Board of Adjustment shall first be submitted to the Administrative Officer or designee for a determination as to whether or not the application may be deemed complete. An application shall be deemed complete by the Administrative Officer or designee if such application furnishes all required information as described in the applicable checklist. In the event that an applicant does not wish to supply all information as required by the checklist, the applicant must request that the specific submission requirement be waived.
C.
Review. The Administrative Officer or designee shall notify each applicant, in writing, within forty-five (45) days of submission of the application as to whether or not the application is deficient due to the applicant's failure to furnish information as required by the applicable checklist.
D.
Completeness. A complete application shall include the appropriate land use application, including submitting all accompanying information and documents, along with the applicable checklist adopted by this chapter[2] and provided to the applicant.
[2]
Editor's Note: The checklists referred to herein may be found in Appendix D, included as an attachment to this chapter.
E.
Specific Requirements. In addition to the application and checklist, no subdivision or site plan application shall be deemed complete unless: the property which is the subject of the proposed subdivision or site plan application is serviced by septic system or sanitary sewer and well water or public water. Applicants shall be required, as a condition of completeness for all subdivision and site plan applications, to obtain approval from the Board of Health for a septic system and well water or obtain a public sanitary sewer and public water utility certifications allocating capacity to the property. A sanitary sewer capacity allocation and connection or collection system extension approval to serve the proposed development must be obtained from the Borough Governing Body. A Water Main Extension Agreement or Will Serve Letter must be obtained from the appropriate water utility. Prior to being deemed complete, the Health Officer shall have approved each lot as capable of proper sewage disposal, either by being connected to the public sewage disposal system or by use of some other approved method pursuant to the Code of the Borough of Watchung and by the Board of Health Ordinances.
F.
Off-Tract Public Sanitary Sewer and Public Water. Where there is a need for off-tract public sanitary sewer or public water service, the applicant shall, as a condition of completeness and at the applicant's sole cost and expense, obtain all property rights outside the boundaries of the development for the installation of sanitary sewer or water services. Such property rights, upon completion and acceptance of the off-tract utility improvements shall be dedicated to the Borough of Watchung and water utility.
G.
Forms. The Borough hereby adopts the following Checklist forms (attached in Appendix D):
1.
Variance Application Checklist—Details Required for Variance Applications.
2.
Informal Application Checklist—Details Required for Informal Review Applications.
3.
Minor Application Checklist—Details Required for Minor Subdivision Plats and Minor Site Plans.
4.
Preliminary Major Application Checklist—Details Required for Preliminary Major Subdivision Plats and Preliminary Major Site Plans.
5.
Final Major Application Checklist—Details Required for Final Major Subdivision Plats and Final Major Site Plans.
28-807 COMPLIANCE REVIEW PROCEDURE.
[Ord. No. OR:09/01 § 28-807]
The Borough hereby authorizes the adoption of a Compliance Review Procedure to be followed by all applicants whose applications for development have been approved by either the Planning Board or Board of Adjustment. The Compliance Review Procedure may be amended from time to time by resolution of the Mayor and Council.
A.
Purpose of the Compliance Review Procedure. The purpose of the Compliance Review Procedure is to achieve uniformity in the requirements applicants are to follow once an applicant receives approval from the Planning Board or Board of Adjustment for an application for development. The Compliance Review Package should address each of the conditions imposed by the Planning Board or Board of Adjustment.
B.
Compliance Review Package Application. The Borough hereby authorizes the adoption of a Compliance Review Package Application to be followed by all applicants submitting a Compliance Review Package. The Compliance Review Package Application may be amended from time to time by resolution of the Mayor and Council.
C.
Administrative Officer for Compliance Review Procedure. The Administrative Officer as defined in § 28-203 is hereby granted the authority to designate a Deputy Administrative Officer solely for the purpose of determining whether an applicant has submitted a complete Compliance Review Package.
D.
Standard Forms. The Borough hereby authorizes the Borough Attorney to prepare standard forms including but not limited to an Access Easement and Maintenance Agreement, Conservation Easement, Deed of Dedication, Developer's Agreement, Drainage Facilities Easement, Sanitary Sewer Easement, Sight Triangle Easement, Utility Easement and such other standard forms as in the Borough Attorney's opinion are necessary to fulfill the intent and purpose of this chapter. These forms may be amended from time to time by resolution of the Mayor and Council.
E.
Time Limits. Applicants are to submit a completed Compliance Review Package to the Deputy Administrative Officer within ninety (90) days of the Planning Board or Board of Adjustment Resolution of Memorialization. In the event an applicant does not obtain approval for the Compliance Review Package within one (1) year of the Resolution of Memorialization, then the applicant shall be required to appear before the appropriate Board and seek an extension of time to obtain approval for the Compliance Review Package. Such Board may grant a one (1) year extension two (2) times.
F.
Applicability. The Compliance Review Procedure applies to applications for development before both the Planning Board and Board of Adjustment.
G.
Developer's Agreement. The Borough hereby adopts a Developer's Agreement in substantially the form attached in Appendix B of this chapter, and a Performance Agreement in substantially the form attached in Appendix C of this chapter.[1]
[1]
Editor's Note: Appendixes B and C, referred to herein, are included as attachments to this chapter.
H.
Map or Site Plan Signing. No subdivision map nor site plan shall be signed by any representative of the Borough or the Planning Board or Board of Adjustment until the applicant complies with the Compliance Review Procedure.
28-808 DATA STANDARDS.
[Ord. No. 2017-03]
A.
This data standard has been established to manage both hardcopy (paper) and electronic data submittals required by the Borough. These standards are part of the comprehensive Borough initiative to best manage, inventory and utilize information. This section contains the submittal standards for planning application data. The data submittals will be divided into the following two (2) categories: Application Documents and Design Documents. Within these groups data will be submitted in either paper copy or electronic copy as outlined in these standards.
B.
The Borough intends to move toward the elimination of paper copy documents and as such intends to eliminate paper processes, where appropriate, which are obsolete or redundant no later than September 30, 2017. However, upon request of the Borough to the applicant, the applicant will submit to the Borough, within three (3) business days of the request, as many paper copies as are requested by the Borough.
C.
Standard Electronic Format for Application Documents.
1.
File Type: The required format is an Archival standards compatible Portable Document Format (PDF/A) file generated directly from document files. They should be compatible with the latest Adobe Acrobat Version Readers.
a.
Scanned images of report text are not acceptable as the text cannot be searched.
b.
Scanned correspondence bearing the original signature and seal shall be included.
c.
Scanned documents will only be accepted when the native electronic files are not available or developed for the application.
2.
File Naming: Application documents and report file names should be named utilizing a consistent descriptive naming convention such as name of applicant, type of document and block and lot designation.
3.
Font should be those commonly available such as Times New Roman or Arial. Other fonts may not readily open or print from all computers. Less common fonts that are used (for instance ESRI symbols) must be embedded to allow printing in all environments.
4.
Security settings must be set so as to allow searching of text, printing at full resolution, adding comments (to facilitate electronic comment by reviewers, and for users to annotate their own copies if they wish), content copying and extraction (to facilitate preparation of management direction, and quoting of materials in other documents), making changes related to document assembly to allow users to rotate pages and create bookmarks and thumbnails to facilitate use of the document.
5.
Resolution: Minimum resolution for scanned documents shall be in accordance with the New Jersey Division of Archives and Records Management (NJDARM) pursuant to N.J.A.C. 15:3.4.
6.
Cartography: Information on maps should be easily understood when reproduced in black and white — sole reliance on color to convey information means maps cannot be faxed or usefully printed in black and white. Where color is necessary or useful, it should be combined with techniques like line coding and patterned fills to ensure all users can extract the information. This principle applies also to labels and other layers added to images.
7.
Submissions must be on current accepted media.
8.
All digital media shall be provided with the following label data on both the media and media container:
a.
Municipality, Tax Block, and Lot number;
b.
Applicant Name;
c.
Submittal Date; and
d.
Revision Number.
D.
CAD File Standards.
1.
Computer-Aided Design (CAD) is a tool used for producing design documentation and plan sets required for the planning application process. It can also provide a common medium of information exchange. In fact, the true power and potential of CAD is the ability to re-use and share the information contained within the CAD document. The key to realizing this potential is common organizing principles and standards for the production and dissemination of CAD information. The standard organization of files, layers and entities, as well as standardized software applications is essential for effective work and communication. This section establishes performance standards for CAD data provided to the Borough with the application package. The Borough does not intend to influence the methods or means of practice of outside consultants. Consultants may use any CAD system to develop design documents as long as the delivered data conforms to the Borough's CAD data standards. Much of the CAD data created through the planning process will be utilized to update the municipal tax maps and brought into the Borough and/or County GIS parcel data system. Data received by the Borough must follow these CAD data standards to be readily useful within that system.
2.
Electronic CAD files for minor subdivisions, final site plans and final subdivisions shall be submitted in conformance with the standards listed below:
a.
CAD Drawings: Consultants shall deliver at minimum, a CAD document in electronic format to the municipality. The document(s) must include all supporting CAD data and must be delivered as follows:
(1)
In the native CAD format as read only.
(2)
In the CAD "dxf" file format.
(3)
Using the data structure defined by these standards.
(4)
File naming shall comply with the standards established for Application Documents.
b.
Text and Fonts: Utilize only industry wide supported fonts, no custom fonts can be accepted. All fonts shall be provided with CAD file.
c.
Layers: Specific layers shall be created and drawings organized in conformance with the most current naming convention developed by the New Jersey Digital Tax Map Task Force. See:
http://www.state.nj.us/treasury/taxation/lpt/DigitalTaxMaps.htm
d.
When possible, proposed lots, easements and rights-of-way shall be comprised of closed polygons.
e.
Easement and parcel boundaries shall be coincident in the CAD file when coincident on ground.
f.
All drawings shall be unrotated and created at 1 to 1 "full scale."
g.
Coordinate Reference: All submittals, paper and digital, shall be in NAD 83 (current) New Jersey State Plane Coordinates in U.S. Survey Feet and North American Vertical Datum 1988 (current) and in accordance with all other provisions of P.L. 1960, c. 141 (C. 46:23-9.9 et seq.) "The Map Filing Law."
h.
There shall be endorsed upon any map, plat or plan submitted to the Planning Board or Zoning Board a certification by the Municipal or Board Engineer the following: I have carefully examined this map and the required digital submissions and to the best of my knowledge and belief find it conforms with the provisions of the municipal ordinances and requirements applicable thereto. There shall also be provided a line for the Municipal or Board Engineer's signature and professional seal.
E.
That the Appendices to Chapter 28, Land Development, Borough of Watchung, Revised General Ordinances, Appendix D-2A, B, C, D and E be amended to provide for a new "Item #" at the end of each Checklist and to insert in the column titled "Item of Information Required" the following:
Digital submission of land use applications consistent with Article 28-800, § 28-808.
