Wharton City Zoning Code
ARTICLE VIII
Development Review Procedures
§ 165-45 General procedures for site plan and subdivision review.
A.
Purpose. Such regulations are deemed necessary to achieve the following purposes:
(1)
Promote orderly development to protect the character and to maintain the stability of all areas within the community and to promote the orderly and beneficial development of such areas.
(2)
Promulgate rules and regulations to provide rules, regulations and procedures where applicable and to the extent the same have not been otherwise promulgated by ordinance in the Borough of Wharton which will guide the appropriate development of lands within the Borough in a manner which will promote the public health, safety, morals and general welfare.
(3)
To protect against hazards and danger; to secure safety from fire, flood, panic and other natural and man-made disasters.
(4)
Design standards to encourage the design and location of streets which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion.
(5)
Creative development techniques to promote a desirable physical environment through creative development techniques, design and arrangement.
(6)
Open spaces to promote the conservation of open space and to protect the natural resources and to prevent overcrowding through improper land use.
B.
Conditional approval. The applicant shall comply with reasonable conditions laid down by the approving authority for design, dedication, improvements and the use of the land to conform to the physical and economical development of the municipality and to the safety and general welfare of the future residents/owners in the development and the community at large. Where County Planning Board review or approval is required on a subdivision or site plan, the approving authority shall condition any approval it grants upon either timely receipt of a favorable report from the County Planning Board or approval by the County Planning Board due to its failure to submit a report within the required time period. If the county's report is timely and negative or attaches mandatory conditions, the original action by the municipal approving authority shall be void, and the application shall be denied, and a new resolution shall be adopted which considers the County Planning Board's report.
C.
Exceptions to design and performance standards. The approving authority, when acting upon applications, shall have the power to grant such exceptions from the subdivision and site plan requirements of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivisions, plat, site plan review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
D.
Exemptions from subdivision and site plan regulations. The approving authority may waive required notices and hearings for exempt subdivisions and exempt site plans except where a variance or conditional use is part of the application. Divisions of land not considered a subdivision as defined in this chapter shall be exempt from compliance with the requirements of this chapter only after affirmative action by the approving authority. Such action shall be taken following submission of documentation to the approving authority showing the division of land for agricultural purposes where all resulting parcels are 10 acres or larger in size; divisions by testamentary or intestate provisions; division of property by court order and conveyance so as to combine existing lots by deed or other instrument, as the case may be. Until exempted from the subdivision regulations by the approving authority, no person can transfer, sell or agree to transfer or sell, as owner or agent, any land which forms a part of a subdivision for which approval is required. Until exempted from the site plan regulations by the approving authority, no alterations or improvements shall be made nor permits issued.
E.
Simultaneous review or separate applications.
(1)
The approving authority shall have the power to act upon subdivisions, conditional uses or site plans simultaneously without the developer making further application or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.
F.
Use variance applications. All use variance applications shall be accompanied by plans plus other supporting documents as required for subdivision and site plan approval. (See also § 14-23B.)
G.
Submission of concept plan for informal review.
[Amended 3-22-2004 by Ord. No. O-6-04]
(1)
An informal review of a concept plan is optional. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The purpose will be to review concepts to assist the applicant in the preparation of subsequent plans. Other than classification, no decisions will be made, no hearings held and no formal action taken. Neither the developer nor the approving authority shall be bound by this informal review.
(2)
Filing procedure and information for concept review.
(a)
The developer shall file with the Secretary, at least 15 days prior to the meeting of the approving authority, 16 copies of the concept plan and five copies of the completed application form.
(b)
The concept plan is considered a sketch or general plan, neither fully engineered nor surveyed. Information used to prepare the concept plan can be available from secondary source information such as the Soil Conservation Survey Map or U.S. Geodetic Survey Maps but should be sufficiently detailed to allow the Planning Board to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers and building arrangements and to determine how the land use code affects the proposal.
§ 165-46 General provisions.
Preliminary plats are required for all major site plans and major subdivisions,
A.
Filing procedure.
(1)
The developer shall complete all portions of the application form and, along with one copy of a plan, file with the Zoning Officer no later than 25 days prior to the date set for the hearing. This initial application will be reviewed for completeness and returned with notations and/or suggestions for the applicant to prepare the final application. Within 15 days of the scheduled meeting the following material must be submitted to the Zoning Officer: 16 copies of the application, all plot plans, maps and other papers required by virtue of any provisions of this chapter, as well as the applicable fee and certification by the Tax Collector that all taxes are paid to date.[1]
(2)
A corporation or partnership applying for permission to subdivide a parcel of land into six or more lots, or for a variance to construct a multiple dwelling of 25 or more family units, or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. If a corporation or partnership owns 10% or more of the stock of a corporation or a 10% or greater interest in a partnership, subject to the above disclosure, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or a 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion established in this subsection have been listed. No Planning Board or municipal governing body shall approve the application of any corporation or partnership which does not comply with this requirement of N.J.S.A. 40:55D-48.1. The penalty for concealment by a corporation or a partnership shall be as outlined in N.J.S.A. 40:55D-48.1.
(3)
At the Board's discretion, the applicant may be required to include a complete environmental impact statement (§ 165-71). The applicant may request a waiver of any or all of its requirements. If a waiver is requested, the approving agency shall either approve, approve in part or disapprove the request at the first regular meeting at which the application is heard. The applicant shall provide any required data at least 15 days prior to the date the approving authority is required to act.
B.
Action by approving authority.
(1)
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified, in writing, within 45 days of submission in accordance with § 165-11.
(2)
Public hearing. If accepted as an application, a public hearing date shall be set by the approving authority and notice given.
(3)
Upon submission of a plat, the Zoning Officer shall submit one copy of the plat and supporting data to the County Planning Board, Municipal Engineer, Environmental Commission, Board of Health and any other agency or person as directed by the approving authority for review and action. Each shall have not more than 30 days from receipt of the plat to report to the approving authority. In the event of disapproval, such report shall state the reasons therefor. If any agency or person fails to submit a report within 30 days, the plat shall be deemed to have been approved by it. Upon mutual agreement between the County Planning Board and the approving authority, with approval of the developer, the thirty-day period for a County Planning Board report may be extended for an additional 30 days, and any extension shall so extend the time within which the approving authority is required to act.[2]
(4)
The approving authority shall grant or deny preliminary subdivision approval within the following time periods unless some further time has been consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the subdivision.
(5)
The approving authority shall grant or deny preliminary site plan approval within the following time periods unless some further time has been consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the site plan.
(6)
If the approving authority required any substantial amendment in the layout of improvements in either a site plan or subdivision, and that plan had been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development. The approving authority shall, if the proposed development complies with this chapter, grant preliminary approval.
(7)
The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report (§ 165-71). The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 165-26. If the approving authority grants preliminary approval, its Chairman and Secretary, or the Vice Chairman or Assistant Secretary in their absence, respectively, and the Municipal Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse.
(8)
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval; otherwise, the approval shall be void. (See § 165-11.)
(a)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; off-tract improvements; and any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the Borough from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.
(b)
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plat.
(c)
That the applicant may apply for, and the approving authority may grant, extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years.
(9)
In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(8)(a), (b) and (c) above for such period of time longer than three years as shall be determined by the approving authority 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(s) 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.
§ 165-47 Submission of final plat for minor and major developments.
A.
Filing procedure.
(1)
Prior to the expiration of preliminary plat approval, the developer shall file with the Zoning Officer, at least 15 days prior to the meeting of the approving authority, two translucent tracing cloth or Mylar copies; nine black-on-white paper prints of the plat; two completed copies of the application form and final plat checklist; the performance guaranty approved by the governing body, including off-tract improvements, if any; any maintenance guarantees; the applicable fee; certification by the Tax Collector that all taxes are paid to date; certification by the Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975 (N.J.S.A. 4:24-39 et seq.); and if common open space lot or lots are included in the application, a separate map showing the individual lot or lots that are to be designated as common open space, which map shall have shown thereon the data listed on the Application Checklist in Appendix A.[1][2]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(2)
Where utility services are to be extended to the development, the final plat shall be accompanied by letters directed to the Chairman of the approving authority and signed by a responsible officer of the water company, sewer authority and utility which provide gas, telephone and electric that have jurisdiction in the area. Such letters shall approve each proposed utility installation design and state who will construct the facility.
(3)
The final plat shall be accompanied by a statement by the Municipal Engineer that he is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation; that he has examined the street, drainage erosion, stormwater control and excavation plans and found that the interests of the Borough and of nearby properties are fully protected and identifying those portions of any improvements already installed; and that the developer has either:
B.
Action by approving authority.
(1)
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified within 45 days of submission. (See § 165-11.) If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat, and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a minor or exempt subdivision or minor or exempt site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.
(2)
Final approval shall be granted or denied within 45 days after submission of a complete application to the Zoning Officer or within such further time as may be consented to by the applicant. An approved final plat shall be signed by the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively. Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of the Zoning Officer as to the failure of the approving authority to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.[3]
(3)
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the approving authority shall condition any approval that it grants upon timely receipt of a favorable report from the County Planning Board or upon its failure to submit a report within the required time period.
(4)
Final approval of a minor subdivision shall expire 190 days from the date of municipal approval unless a plat in conformity with such approval, including any conditions imposed by the approving authority, and in conformity with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Borough Tax Assessor. Such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively. In reviewing the application for development for a proposed minor subdivision, the approving authority may accept a plat not in conformity with the Map Filing Law, provided that, if the developer chooses to file the minor subdivision by plat rather than deed, such plat shall conform to the provisions of said law.
(5)
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The approving authority may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the approving authority as indicated on the instrument by the signature of the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively, or a certificate has been issued as to the failure of the approving authority to act within the required time. The signatures of the Chairman and Secretary shall not be affixed until the developer has posted the required guarantees. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records. It shall be the duty of the county recording officer to notify the Planning Board, in writing, within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
(6)
Provided that the approved final subdivision plat has been filed with the county recording officer, the zoning requirements applicable to the preliminary approval first granted to a site plan or a major subdivision and all other rights conferred upon the developer pursuant to the Municipal Land Use Law, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.
(7)
Provided that the approved final plat of a minor subdivision has been filed with the county recording officer, 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 minor subdivision approval.
(8)
In the case of a subdivision or site plan for a planned development of 50 acres or more or a conventional subdivision or site plan of 150 acres or more, the approving authority may grant the rights referred to in Subsection B(6) and (7) above for such period of time longer than two years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for and the approving authority may thereafter grant an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval; the number of dwelling units and nonresidential floor area remaining to be developed; economic conditions and the comprehensiveness of the development.
(9)
The developer shall supply sufficient copies of the approved final plat so the Zoning Officer can distribute one copy to each of the following: Borough Clerk, Construction Official, Tax Assessor, County Planning Board, Borough Planning Board and any other agency or person directed by the approving authority, and shall supply one translucent cloth or Mylar copy to the Municipal Engineer.[4]
§ 165-48 Plat design standards for subdivisions.
Plat conformity. All applications shall be submitted in plat form, and all plats shall conform to the submission requirements. All plats shall be drawn by a licensed land surveyor, and all drawings of improvements shall be prepared by a professional engineer, and all such drawings shall bear the signature, embossed seal, license number and address of the preparer. Subdivision requirements are set forth in Forms 1 and 2 in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
§ 165-49 Plat design standards for site plans.
A.
Plat conformity. All applications shall be submitted in plat form, and all plats shall conform to submission requirements. All plats shall be drawn by a licensed New Jersey land surveyor and shall bear the signature, embossed seal, license number and address of the land surveyor, except that plats submitted under the informal discussion provisions and sketch plats of minor site plans are exempt from this requirement. All drawings showing improvement designs shall bear the signature and embossed seal, license number and address of a licensed professional engineer of the State of New Jersey.
B.
Informal site plans for review and classification shall include the same data as required in § 165-45G, plus lot lines, proposed building(s), parking, loading, on-site or on-tract stormwater detention facilities and water and sewer service.
C.
Preliminary site plan plat.
(1)
Every preliminary site plan shall be at a minimum graphic scale of one inch equals 10 feet, 20 feet, 30 feet, 40 feet or 50 feet, certified by a New Jersey licensed architect or engineer, including accurate lot lines certified by a New Jersey licensed land surveyor and submitted on one of the four following standard sheet sizes: 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches, or 30 inches by 42 inches. The data shall be shown on the site plan or accompany it, in accordance with checklist items set forth in Form 3 and Appendix A.[1]
[1]
Editor's Note: Forms and Appendix A are included at the end of this chapter.
(2)
Site plan information for preliminary and final approval. Each site plan shall include the following information and shall be designed to comply with Articles IV, V and VI.
(a)
Building and use plan. The plan shall allow the size, height, location, arrangement and use of all proposed structures and signs, including the architect's scaled elevation of the front, side and rear of any structure and sign (existing structure shall be identified either to remain or to be removed), and a written description of the proposed use(s) of nonresidential buildings, including the number of employees or members, the proposed number of shifts to be worked and the maximum number of employees on each shift, expected truck and tractor-trailer traffic, emission of noise, glare, vibration, heat, odor, air and water pollution, safety hazards and anticipated expansion plans incorporated in the building design. Floor plans shall be submitted. In apartment and townhouse projects, the number of dwelling units, by type, shall be shown.
(b)
Circulation plan. This plan shall show access streets by name, acceleration/deceleration lanes, curbs, sight triangles, traffic channelization, traffic signs, easements, fire lanes, driveways, parking and loading spaces, pedestrian walks, bikeways and related facilities for the movement and storage of goods, vehicles and persons. Sidewalks shall be shown along expected paths of pedestrian travel, such as, but not limited to, access from buildings to parking lots, driveways and other buildings on the site. Any building expansion plans shall show feasible parking and loading expansion.
(c)
Natural resources plan. This plan shall show existing and proposed wooded areas, buffer areas, including the intended screening devices and buffers, seeded and/or sodded areas, ground cover, retaining walls, fencing, signs, recreation areas, shrubbery, trees and other landscaping features. These plans shall show the location, number, species and caliper of plant material and trees to be located on the tract. All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation as outlined under the soil erosion and sediment control regulations (§ 165-80) and the floodplain regulations (§ 165-73), as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.
(d)
Facilities plan. This plan shall show the existing and proposed locations of all drainage and stormwater runoff; open space; common property; fire, gas, electric, telephone, sewerage and water line locations; lighting and solid waste collection and disposal methods, including proposed grades, sizes, capacities and materials to be used for facilities installed by the developer. Installations by utility companies need only show their locations on the plat. All easements acquired or required on tract and off tract shall be shown, and copies of legal documentation that support the granting of an easement by the owner of an off-tract lot shall be included. All proposed lighting shall include the direction, angle and height of each source of light. All utilities shall be installed underground. All required state and federal approvals for environmental considerations shall be submitted before preliminary approval or be a condition of approval. All public services shall be connected to an approved public utilities system where one exists.
(e)
Temporary contractor's construction structures and storage areas. The location of all proposed trailers, warehousing, storage facilities and temporary contractor's office shall be shown, giving consideration to the proximity of residential development and located so that they are not an eyesore to adjoining landowners and the passing public. The landscaping plan shall show how these facilities will be screened or buffered and how they will be maintained during construction by the developer. The Construction Code Official or Borough Engineer shall be authorized to grant temporary permits and exceptions to this subsection when the trailers or storage facilities are of a small size and are not to be in a location for more than 60 days.
D.
Final site plan plat. The final plat shall follow preliminary site plan requirements and shall include all changes required as a condition of preliminary approval.