Wenonah City Zoning Code
ARTICLE IV
Subdivision and Site Plan Review
§ 72-401 Approval required.
Site plan and subdivision review and approval shall be required before any development, change of use, or before any excavation, removal of soil, clearing of a site, or placing of fill on lands contemplated for development; and, except as otherwise provided, no building permit shall be issued for any building use or reduction, or enlargement in size or other alteration of any building or change in the use of a building, including accessory structures, unless a site plan or subdivision is first submitted and approved by the Combined Planning Board, and no certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the Board.
§ 72-402 General regulations.
A.
Exemptions. Site plan review and approval shall not be required for:
(1)
Building permits for individual lot applications involving only a detached one- or two-dwelling-unit building.
(3)
A sign for an existing use or structure for which all applicable zoning requirements have been met as determined by the Zoning Officer or designated official.
(4)
Other buildings incidental to residential uses.
(5)
The alteration or repair of an existing building which is not either a detached one- or two-dwelling-unit building upon determination by the Zoning Officer that the alterations or repair:
(a)
Will not result in additional lot coverage whether by buildings or site improvements.
(b)
Will not increase the number of required off-street parking or loading spaces.
(c)
Will conform to the maximum and minimum standards as set forth the Land Use Ordinance.
(d)
Is not proposed in conjunction with a use requiring a conditional use permit.
(6)
The provisions of this section shall not limit the requirements for submission and approval of subdivisions as otherwise required by this chapter.
B.
Waiver of site plan review and approval. The Combined Planning Board may waive the requirement of site plan approval whenever it determines that the proposed development, alteration, repair, or change of use or occupancy does not affect the existing conditions of the lot or premises, including: topography; vegetation; drainage; floodplains; marshes and waterways; open space; walkways; means of ingress and egress; utility services; landscaping; structures; signs; lighting and screening devices; and other considerations of site plan review. Any applicant desiring a waiver under this section shall present sufficient credible evidence to allow the board to reach such conclusions as would permit a waiver. Such evidence shall consist of sketches, property descriptions, methods of operation, photographs, testimony, or other documentation or information as the Board may require. The Combined Planning Board shall render a decision based on such evidence and may attach conditions to any waiver so granted.
C.
Approval of subdivisions required for filing. Approval of subdivision plats by the Combined Planning Board shall be required as a condition for filing of such plats with the County Recording Officer.
D.
Subdivision and site plan review criteria. Subdivision and site plan review shall consider, but not be limited to, the following review criteria:
(1)
Development design. The design and layout of buildings and parking areas shall be reviewed for efficiency in arrangement and aesthetic quality. The promotion of natural features shall be considered by the Board. The Board shall review the plan for fire and safety protection, the impact on the surrounding development, and, contiguous and adjacent buildings and land.
(2)
Circulation.
(a)
The pedestrian and vehicular traffic movement within and adjacent to the site with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, the movement of people, goods and vehicles from access roads within the site, between buildings and between buildings and vehicles. In particular the Board shall ensure compliance in site design with the Americans with Disabilities Act, as it may be amended or superseded.
(b)
The Board shall ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site. The circulation shall be consistent with borough, county, and state requirements.
(3)
Environment. The design shall be reviewed for environmental elements relating to the preservation of trees and woodlands; the protection of steep slopes; the protection of watercourses and water resources; soil erosion control; the preservation of natural features; the reduction of noise, heat, glare, and vibration; the preservation of cultural resources, and the reduction of impacts on wildlife.
(4)
Fiscal impact. The fiscal costs to the Borough and School Board from providing services to the development shall be considered in relation to the gain of revenue and its impact upon Borough tax rates.
(5)
Landscaping. Landscaping shall be reviewed for the ability to integrate the site elements of topography, water, buildings, parking and loading areas, and the buffering of incompatible uses. Landscaping shall be review for diversity, including species, function, sculpture, fencing, walls, and other landscaping elements.
(6)
Lighting. Adequate lighting for the function of the site shall be reviewed for the safe movement and security of persons and vehicles. Particular attention shall be made to the minimization of glare and impact upon adjacent property.
(7)
Signs. Signs shall be evaluated for the aesthetics of their design and their harmony with other signs on and off site. The location of signs shall be reviewed for the purpose of removing any hazard to pedestrians or vehicles.
(8)
Utilities and solid waste management. Storm drainage, sanitary and solid waste disposal, including recycling, water supply, electricity supply, telephone and cable television service, shall be reviewed and considered. Emphasis shall be given on the adequacy of existing systems and the need for improvements, both on and off site to adequately provide for the development's needs.
(9)
Other considerations that the Combined Planning Board, in its deliberations, finds reasonable necessary to decide upon an application for development.
E.
Proposed public dedications. Approval of final plans by the Combined Planning Board shall constitute an acceptance of proposed dedications for streets, parks, and other public uses or purposes. Nonetheless, such approval shall not constitute an acceptance of physical improvements on such dedicated land and shall not impose on the Borough any obligation of jurisdiction or maintenance of such improvements. The acceptance of such physical improvements shall only be by the Borough Council in accordance with N.J.S.A. 40:55D-53.
F.
Time period for variances. Whenever an application for approval of a subdivision plat, site plan, or conditional use includes a variance request pursuant to N.J.S.A. 40:55D-70, Subsections a through d, the Combined Planning Board shall grant or deny approval of the application within 120 days of the submission by an applicant of a complete application to the Board Secretary or within such time as may be consented to by the applicant. In the event that an applicant elects to submit separate consecutive applications, the extension of the time limit to 120 shall apply to the application submitted for the approval of the variance or direction of the issuance of a permit. The time period for granting or denying any subsequent application shall be as otherwise provided for in this chapter.
G.
Public notice for variances. Public notice made in accordance with law shall be given for applications otherwise excepted from the requirements of public notice whenever a variance relief is requested.
H.
Expiration of variances. In the event a variance is granted for an application exempt from the requirement of site plan review, the applicant shall secure a building permit, or, in the case where no building permit is required, a certificate of occupancy, within one year from the date of approval; otherwise, the granting of the variance shall be deemed null and void.
I.
Date of approval. The time period for the effect of approval shall begin with the date of the adoption of the resolution granting such approval of the subject application by the Combined Planning Board.
§ 72-403 Determination of completeness.
The Combined Planning Board shall not act on an application without first determining that it is complete in accordance with the following requirements:
A.
Upon receipt of the Board's professional reports, if required, and within 45 days of the date of submission, the Board shall at first determine whether a complete application has been submitted. If the application is found to be incomplete, the Board may deem it incomplete and return it to the applicant to correct the deficiencies. After the Board determines an application incomplete, the applicant may correct the deficiencies and resubmit all required items. Upon finding an application incomplete, all time periods shall be tolled and no further action shall be taken until a resubmission.
B.
In the event an applicant requests that one or more of the submission requirements be waived, the Combined Planning Board shall consider that request and review the information provided and shall grand or deny the request and make a determination of completeness within 45 days from the date of submission of the application.
C.
The Combined Planning Board may subsequently require correction of any information found to be in error and the submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonable necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met.
§ 72-404 Procedure for concept design review.
A.
An applicant may request and the Combined Planning Board shall grant, an informal review of a concept design plan for which an applicant intends to prepare and submit an application for development.
B.
Fifteen copies of a concept design plan and supporting documents in conformance with Article V of this chapter shall be submitted to the Combined Planning Board Secretary at least 15 days prior to a regularly scheduled hearing. The concept design plan and its documentation shall show a general design of the development and its public improvement sufficient for the Board to approve or disapprove of the concept. Approval of the concept design plan does not constitute an approval of the concept or plan, nor shall it be considered a valid basis for the construction of improvements, or other commitments, which depend upon the concept plan's design characteristics. Neither the applicant nor the Board shall be bound by the plan or its review.
C.
A concept design plan shall not require an application fee from the applicant. The Combined Planning Board may require an escrow fee to be paid by the applicant to cover the cost of professional services incurred by the Board for the review of the concept plan. Said moneys shall be placed in escrow and may be used for such services, including legal, engineering, and planning or other professional expenses of the Board.
D.
Upon completion of the concept design plan review, the Combined Planning Board shall return one copy of the plan to the applicant along with any comments or suggestions. In no event shall the concept design review be considered a preliminary plat submission or preliminary site plan submission for the purpose of deeming an application complete nor shall it constitute preliminary plat or preliminary site plan approval by the Board.
§ 72-405 Procedure for minor subdivision review.
A.
When an applicant proposes an application that meets the definitional requirement for a minor subdivision, plats, plans, application forms and other required documentation shall be submitted.
B.
The applicant shall submit to the Board Secretary at least 21 days prior to a regularly scheduled meeting the following items:
(1)
Fifteen copies of the proposed minor subdivision prepared in accordance with Article V of this chapter.
(2)
Fifteen copies of the completed Borough application form and three copies of the completed county application form.
(3)
Four copies of any protective covenants or deed restrictions applying or to be applied to the subject land.
(4)
The application fee and applicable escrow fee in accordance with this chapter.
(5)
A list of all variances or waivers requested, citing the applicable section of the chapter.
(6)
A certification from the Tax Assessor that the proposed black and lot numbers of the subject land have been approved in conformance with the Borough's numbering system.
(7)
A certification of corporation or partnership interest pursuant to N.J.S.A. 40:55D-48.1, if applicable.
(8)
Any other documents or additional copies as may be requested on the application form or by the Combined Planning Board that may be reasonable necessary in order for the Board to make an informed decision whether the requirements for approval of an application for development have been met.
C.
The Board Secretary shall, immediately upon receipt, date the submitted documents and assign a file number. Once a file number has been assigned, the applicant shall place this number on all succeeding submissions.
D.
The Board Secretary shall immediately forward one copy of all items submitted to the Board Solicitor, and the Board Engineer, and the Board Planner and other appropriate officials or professionals, if required; and one copy of the plan and application form to the Gloucester County Planning Board if required.
E.
Review by professionals. If required, the Board Engineer, Planner, or other professional shall review all aspects of the application, including the completeness of the application, and shall expeditiously report their findings to the Combined Planning Board.
F.
Determination of completeness. The Board shall determine the completeness of the application in accordance with § 72-403 of this chapter.
G.
Public notice waiver. If the application is found to conform to the definition of a minor subdivision, is complete, and requires no variances, the Combined Planning Board shall formally determine that a complete application has been submitted and shall waive the requirements for public notice and hearing.
H.
Remainder of tract. Where the remaining portion of the original tract is of sufficient size to be developed further, the applicant may be required to submit a concept plan of the entire remaining portion of the tract to indicate a feasible plan whereby the subdivision applied for, together with the subsequent subdivision(s) that may be submitted, will not create, impose, aggravate, or lead to any adverse condition.
I.
Combined Planning Board action on applications.
(1)
The Board shall act upon the application after it has sufficiently reviewed the application; that the Board professionals have adequately reviewed the application, if necessary; that the applicant has had sufficient opportunity to present his or her request for development approval to the Board, and that the comments of other interested persons have been considered. In any event, the Board shall grant or deny the application for a minor subdivision within 45 days of the date of determination that a complete application has been submitted to the Board or within such time as may be consented to by the applicant. The decision and resolution of the Board shall be in writing in accordance with N.J.S.A. 40:55D-10, Subsections g through i.
(2)
Minor subdivision approval shall be deemed final approval by the Board.
(3)
The Combined Planning Board may condition approval on terms ensuring the completion of improvements and performance in accordance with this chapter and N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-40, and 40:55D-53.
(4)
Whenever review or approval of an application for development by the Gloucester County Planning Board is required pursuant to N.J.S.A. 40:27-6.3, the Combined Planning Board shall condition any approval upon the timely receipt of favorable action on the application by the Gloucester County Planning Board or approval by the Gloucester County Planning Board by its failure to report thereon within the required time period.
(5)
Failure of the Combined Planning Board to act within the time period prescribed shall constitute approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued upon the request of the applicant.
J.
Upon the granting of minor subdivision approval by the Combined Planning Board, copies of the approved documents, including the resolution of approval, shall be sent to the:
K.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of approval.
L.
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.0 et seq.),[1] or deed clearly describing the minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer, and the municipal tax assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Combined Planning Board.
[1]
Editor's Note: See now N.J.S.A. 46:26b-1 et seq.
M.
The Combined Planning Board may extend the 190-day period for filing a minor subdivision plat or deed pursuant to Subsection K of this section if the applicant proves to the reasonable satisfaction of the Combined Planning Board: 1) that the applicant 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) that the applicant 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 Combined Planning Board. The applicant may apply for the extension either before or after what would otherwise be the expiration date.
N.
The Combined Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the Combined Planning Board that the applicant 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. An applicant shall apply for the extension before 1) what would otherwise be the expiration date of minor subdivision approval or 2) the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later.
§ 72-406 Procedure for preliminary site plan or preliminary major subdivision.
A.
When an applicant proposes an application that meets the functional requirement for a site plan or major subdivision, as the case may be, preliminary plans, application forms and other required documentation shall be submitted.
B.
The applicant shall submit to the Board Secretary at least 21 days prior to a regularly scheduled hearing the following items:
(1)
Nineteen copies of the proposed preliminary site plan or preliminary major subdivision prepared in accordance with Article V of this chapter.
(2)
Nineteen copies of the completed Borough application form and three copies of the completed county application form.
(3)
Four copies of any protective covenants or deed restrictions applying or to be applied to the subject land.
(4)
The application fee and applicable escrow fee in accordance with this chapter.
(5)
A list of all variances or waivers requested, citing the applicable section of the chapter.
(6)
A certification from the Tax Collector's office that no taxes or assessments are due or delinquent on the subject property.
(7)
A certification of corporation or partnership interest pursuant to N.J.S.A. 40:55D-42, if applicable.
(8)
Four copies of preliminary architectural elevations and floor plans.
(9)
Any other documents or additional copies as may be requested on the application form or by the Combined Planning Board that may be reasonable necessary in order for the Board to make an informed decision whether the requirements for approval of an application for development have been met.
C.
The Board Secretary shall, immediately upon receipt, date the submitted documents and assign a file number. Once a file number has been assigned, the applicant shall place this number on all succeeding submissions.
D.
The Board Secretary shall immediately forward one copy of all items submitted to the Board Solicitor, and the Board Engineer and the Board Planner and other appropriate professionals, if required; and one copy of the plan and application form to the Gloucester County Planning Board.
E.
Review by professionals. If required, the Board Engineer, Planner, or other professional shall review all aspects of the application, including the completeness of the application, and shall expeditiously report their findings to the Combined Planning Board.
F.
Determination of completeness. The Combined Planning Board shall determine the completeness of the application in accordance with § 72-403 of this chapter.
G.
Public notice and hearing. Public notice shall be given in accordance with § 72-205 of this chapter.
H.
Substantial amendment. If during the hearing on the submission, the Combined Planning Board requires any substantial amendment in the layout of the site or its improvements, as proposed by the applicant, that has been the subject of said hearing, an amended application shall be submitted and acted upon as an original submission.
I.
Remainder of tract. Where the remaining portion of the original tract is of sufficient size to be developed further, the applicant may be required to submit a concept plan of the entire remaining portion of the tract to indicate a feasible plan whereby the site plan or subdivision applied for, together with subsequent site plan(s) or subdivision(s) that may be submitted, will not crease, impose aggravate, or lead to any adverse condition.
J.
Combined Planning Board action on applications.
(1)
The combined Planning Board shall act upon the application after it has sufficiently reviewed the application; the Board professionals have adequately reviewed the application, if necessary; the applicant has had sufficient opportunity to present his or her request for development approval to the Board, and the comments of other interested persons have been considered.
(2)
The Combined Planning Board shall grant or deny the application for a preliminary site plan or subdivision in accordance with:
(a)
A site plan of 10 acres or less and 10 dwelling units or less, or a subdivision of 10 lots or less, within 45 days of the date of determination that a complete application has been submitted to the Combined Planning Board or within such time as may be consented to by the applicant; or
(b)
A site plan of more than 10 acres or more than 10 dwelling units, or a subdivision of more than 10 lots, within 95 days of the date of determination that a complete application has been submitted to the Combined Planning Board or within such time as may be consented to by the applicant.
(c)
Upon failure of the Combined Planning Board to act within the aforementioned time periods, the Board shall be deemed to have granted preliminary approval to the site plan.
(3)
The Combined Planning Board shall not act upon an application until it has determined that it is complete.
(4)
The decision and resolution of the Combined Planning Board shall be in writing in accordance with N.J.S.A. 40:55D-10, Subsection i.
(5)
The Combined Planning Board may condition approval on terms ensuring the applicant's conformance to this chapter.
(6)
Whenever review or approval of an application for development by the Gloucester County Planning Board is required pursuant to N.J.S.A. 40:27-6.3, the Combined Planning Board shall condition any approval upon the timely receipt of favorable action of the application by the Gloucester County Planning Board or approval by the Gloucester County Planning Board by its failure to report thereon within the required time period.
(7)
Failure of the Combined Planning Board to act within the time period prescribed shall constitute approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on the request of the applicant. Such certificate shall be sufficient in lieu of a resolution of approval and written endorsements and shall be accepted by the county recording officer for the purpose of filing subdivision plats or other recordable documents.
K.
Effect of approval. The approval of a site plan or major subdivision shall confer upon the applicant the following rights for a three-year period from the date of a preliminary approval:
(1)
That the general terms and conditions on which preliminary approval have been granted shall not be changed, including, but not limited to, use requirements; layout and design standards for streets, curbs, and sidewalks; lot sizes, dimensions, yards, and improvements, whether on-tract or off.
(2)
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plan.
(3)
That the applicant may apply for and the Combined Planning Board may grant extensions on such preliminary approval for additional periods of time of at least one year and not to exceed two years, provided that if the design standards have been revised by ordinance, such revised standards may govern at the discretion of the Board.
(4)
In the case of a site plan or subdivision of 50 acres or larger, the Combined Planning Board may grant these rights for a period of time longer than three years as shall be reasonable taking into consideration: 1) the number of dwelling units and nonresidential floor area permissible under the preliminary approval; 2) economic conditions; and 3) the comprehensiveness of the development. The applicant may petition the combined Planning Board thereafter and the Combined Planning Board may grant an extension of preliminary approval for such additional time period as shall be determined by the Combined Planning Board to be reasonable, taking into consideration: 1) the number of dwelling units and nonresidential floor area permissible under the preliminary approval; 2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; 3) economic conditions; and 4) the comprehensiveness of the development, provided that, if the design standards have been revised, such standards may govern.
(5)
Whenever the Board grants an extension of preliminary approval pursuant to this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The applicant may apply for the extension either before or after what would otherwise be the expiration date.
(6)
The Combined Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the Board that the applicant 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 applicant applied promptly for the diligently pursued the required approvals. An applicant shall apply for the extension before: 1) what would otherwise be the expiration date of preliminary approval; or 2) the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension otherwise permitted by this section.
L.
Upon the granting of preliminary site plan or preliminary major subdivision approval by the Combined Planning Board, copies of the approved documents, including the resolution of approval, shall be sent to:
§ 72-407 Procedure for final site plan or final major subdivision.
A.
When an applicant proposes an application that meets the definitional requirement for a site plan or subdivision and prior to the expiration of preliminary approval for the subject tract, final plans or plats, application forms and other required documentation shall be submitted. The applicant may submit for final approval of the whole, or a section, or sections of the preliminary development plan.
B.
The applicant shall submit to the Board Secretary at least 21 days prior to a regularly scheduled hearing the following items:
(1)
Nineteen copies of the proposed final site plan prepared in accordance with Article V of this chapter.
(2)
Nineteen copies of the completed Borough application form and three copies of the completed county application form.
(3)
Four copies of any protective covenants or deed restrictions applying to the subject land as approved under preliminary approval.
(4)
The application fee and applicable escrow fee in accordance with the fee ordinances adopted by the Borough Council.
(5)
A certification from the Tax Collector's office that no taxes or assessments are due or delinquent on the subject property.
(6)
A certification of corporation or partnership interest pursuant to N.J.S.A. 40:55D-42, if applicable.
(7)
Letters directed to the Chair of the Combined Planning Board from responsible officials of the Sewerage Authority and other applicable utility companies or governmental agencies or districts indicating the capacity of their respective system to provide services for the subject development.
(8)
Any other documents or additional copies as many be requested on the application form or by the Combined Planning Board that may be reasonable necessary in order for the Board to make an informed decision whether the requirements for approval of an application for development have been met.
C.
The Board Secretary shall, immediately upon receipt, date the submitted documents and assign a file number. Once a file number has been assigned, the applicant shall place this number on all succeeding submissions.
D.
The Board Secretary shall immediately forward one copy of all items submitted to the Board Solicitor, the Board Engineer, the Board Planner, and other appropriate professionals if required, and one copy of the plan and application form to the Gloucester County Planning Board.
E.
Review by professionals. If required, the Board Engineer, Planner, or other professionals shall review all aspects of the application, including the completeness of the application, and shall expeditiously report their findings to the Combined Planning Board.
F.
Determination of completeness. The Combined Planning Board shall determine the completeness of the application in accordance with § 72-403 of this chapter.
G.
Combined Planning Board action on applications:
(1)
The combined Planning Board shall act upon the application after it has sufficiently review the application, that the Board professionals have adequately reviewed the application if required, that the applicant has had sufficient opportunity to present his or her request for development approval to the Board, and that the comments of other interested persons have been considered. Final approval shall be granted if the detailed drawings, specifications, plans, estimates, and other documentation of the application conforms to the standards established by this chapter for final approval and meets the conditions of preliminary approval.
(2)
The Combined Planning Board shall grant or deny the application for a final site plan or subdivision within 45 days of the determination of completeness or within such time as may be consented to by the applicant.
(3)
The Combined Planning Board shall not act upon an application until it has determined that it is complete.
(4)
The decision and resolution of the combined Planning Board shall be in writing in accordance with N.J.S.A. 40:55D-10, Subsections g through i.
(5)
The Combined Planning Board may condition approval on terms ensuring the applicant's conformance to this chapter and shall condition approval on the approval of other agencies with development review powers over the site plan or subdivision application.
(6)
Whenever review of approval of an application for development by the Gloucester County Planning Board is required pursuant to N.J.S.A. 40:27-6.3, the Combined Planning Board shall condition any approval upon the timely receipt of favorable action of the application by the Gloucester County Planning Board or approval by the Gloucester County Planning Board by its failure to report thereon within the required time period.
(7)
Failure of the Combined Planning Board to act within the time period prescribed shall constitute approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on the request of the applicant. Such certificate shall be sufficient in lieu of a resolution of approval and written endorsements and shall be accepted by the county recording officer for the purpose of filing subdivision plats or other recordable documents.
H.
Effect of approval.
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or not, shall not be changed for a period of two years after the date of final approval.
(2)
If the applicant has followed the standards prescribed for final approval, the Combined Planning Board may extend such period of protection of rights for extensions of one year but not to exceed three such extensions. The granting of final approval terminates the time period of preliminary approval for the section granted final approval.
(3)
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan of 150 acres or more or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Combined Planning Board may grant these rights for a period of time longer than two years as shall be reasonable taking into consideration: 1) the number of dwelling units and nonresidential floor area permissible under the final approval; 2) economic conditions; and 3) the comprehensiveness of the development. The applicant may petition the Combined Planning Board thereafter and the Board may grant an extension of final approval for such additional time period as shall be determined by the Combined Planning Board to be reasonable taking into consideration: 1) the number of dwelling units and nonresidential floor area permissible under the final approval; 2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; 3) economic conditions; and 4) the comprehensiveness of the development.
(4)
Whenever the Combined Planning Board grants an extension of final approval pursuant to this subsection and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The applicant may apply for the extension either before or after what would otherwise be the expiration date.
(5)
The Combined Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the Board that the applicant 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 applicant applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before 1) what would otherwise be the expiration date of final approval, or 2) the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from otherwise granting an extension pursuant to this section.
I.
Upon the granting of final site plan or subdivision approval by the Combined Planning Board, copies of the approved documents, including the resolution of approval, shall be sent to:
§ 72-408 Procedure for conditional use.
A.
Application shall be made to the Combined Planning Board before the issuance of any conditional use permit except as otherwise permitted in this chapter.
B.
The applicant shall submit to the Board Secretary at least 21 days prior to a regularly scheduled hearing the following items:
(1)
Twelve copies of the completed Borough application form.
(2)
The application fee and the applicable escrow fee in accordance with this chapter.
(3)
A certification from the Tax Collector's office that no taxes or assessments are due or delinquent on the subject property.
(4)
A certification of corporation or partnership interest pursuant to N.J.S.A. 40:55D-48.1 to 40:55D-48.2, if applicable.
(5)
Any other documents or additional copies as may be requested on the application form or by the Combined Planning Board that may be reasonable necessary in order for the Board to make an informed decision whether the requirements for approval of a conditional use permit have been met.
C.
Evaluation criteria. The Combined Planning Board in the evaluation of the application for a conditional use permit shall use the following criteria:
(1)
That the use for which an application is being made is specifically permitted as a conditional use in the zoning district in which the subject use is located.
(2)
That the design, arrangement, and nature of the particular use is such that the public health, safety, and welfare will not be endangered, nor increase the danger of fire, or panic, or otherwise endanger the public.
(3)
That reasonable consideration has been given to the compatibility of the proposed use within the existing neighborhood or community; the number of employees or users of the property; the potential effect upon adjacent property values; the need for such a facility in the area served by the use; and the adequacy of screens or landscaping for the purpose of mitigating any adverse impact created by the use.
(4)
Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection, and public schools.
(5)
That the conditional use will not create a hazardous traffic condition by the inappropriate location of ingress or egress points or other transportation facilities.
(6)
That the conditional use shall not over crowd the land or create an undue concentration of population.
(7)
That no such use shall impair an adequate amount of light or air to adjacent properties.
(8)
That such use is in compliance with the design standards of this chapter.
(9)
Determine that the proposed change will serve the best interests of the Borough, the convenience of the community (where applicable) and the public welfare.
(10)
That the conditional use is compatible with the goals, objectives, principles, and policy of the Master Plan of the Borough of Wenonah.
D.
Site plan review required. All conditional uses shall also be required to obtain site plan approval, unless the Combined Planning Board shall grant a waiver pursuant to § 72-402B of this chapter.
E.
Conformance to standards. Conditional uses shall conform to any additional standards specified for the use in question in the applicable zoning district.
F.
Burden of proof. The applicant for a conditional use shall have the burden of proof in establishing that the criteria for so granting such use shall have been met. In all cases the applicant's burden of proof shall contain sufficient and credible evidence to fully support the assertions made by the applicant.
G.
Effect of approval. In the granting of an approval for a conditional use, the applicant shall secure a building permit or, in the case where no building permit is required, a certificate of occupancy, within one year from the date of approval, otherwise the conditional use shall be deemed null and void.
H.
Conditions on approval. The Combined Planning Board may impose such conditions, in addition to those required, as are necessary to assure that the intent of this chapter is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen the minimizing of noxious, offensive or hazardous elements and provision of adequate parking and sanitation standards.
§ 72-409 Fees.
At the time of filing, fees shall be submitted to the Borough in accordance with the fee schedule adopted and periodically amended by Borough Council.
A.
Escrow fees. The handling of escrow deposits and payments shall be in conformance with the Municipal Land Use Law (N.J.S.A. 40:55D-53.1, 40:55D-53.2 and 40:55D-53.2A, as amended.) Fees and charges for professional services for the review of applications for development, review and preparation of documents, inspection of improvements or other purposes shall be based upon a schedule established by resolution of the Borough Council. Initial deposits required shall be established by ordinance.
B.
Escrow fees, appeals. Disputes regarding the charges made by a professional for service rendered by be appealed by an applicant to the Borough Council in accordance with N.J.S.A. 40:55D-53.2A within 45 days from receipt of the informational copy of the professional's voucher, required by N.J.S.A. 40:55D-53.2. If the matter is not resolved to the satisfaction of the applicant, the applicant my appeal to the Gloucester County Construction Board of Appeals.