When requested in writing by the applicant andand when acting on applications for preliminary site plan or minor subdivision approval, the approving authority shall have the power to grant such exceptions waivers from the specific submission requirements of site plan or subdivision checklist submission as stated in this article. These exceptions submission waivers may can be granted if the approving authority fords that such request is reasonable, and that an informed decision can be rendered without the information. If the authority denies the request for submission waivers, the application will be incomplete and determines that such a grant cannot be made, the Board does not have to make a decision on the application until such time as the required information is provided.

The approving authority shall have the power to review and approve or deny site plans simultaneously with review for subdivision approval without the developer being required to make further application to the approving authority or the approving authority being required to hold further hearings. The longest time period provided by the MLUL for action by the approving authority, whether it is for a variance, subdivision, conditional use or site plan approval shall apply.

The order of precedence of applications for development shall be as follows:

The jurisdiction of the matter of greatest precedence shall apply, and the approving authority having jurisdiction over the application shall have jurisdiction over all types of development of lesser precedence as regulated by this ordinance.

Upon the submission of a complete application for development, the approving authority shall grant or deny approval within the maximum number of days of the date of such submission as specified below or within such further time as may be consented to by the applicant. Where more than one (1) type of application is involved, the longer time period shall apply.

The Board of Adjustment shall grant or deny approval within one hundred twenty (120) days of the date of acceptance of a complete application for a variance pursuant to N.J.S.A. 40:55D 70(d), or the filing of an appeal from a decision by the Zoning Officer. The Board of Adjustment shall render decisions in all other development applications within the time periods as described above for all approving authorities.

A. Pre-Application Conference/Informal Review see N.J.S.A. 40:55D-10.1

B. If an applicant does not request a pre-application conference or informal concept plan review, or upon completion of the conference submits an application, the following process is to be followed:

1. An applicant may file an application for development with the Board of Adjustment for action without prior application to the Zoning Officer per N.J.S.A. 40:55D-72.

2. All applicants shall submit one original and two copies of an application for development to the Planning Division pursuant to this ordinance. This includes the application documents, requisite plans or plats as per Article VIII of this ordinance, and the application fees as provided for in Article XIII of this ordinance.

3. An applicant may file a sketch plat of a major subdivision for preliminary discussion before the preliminary plat is prepared. The review of the sketch plat is designed to enable the approving authority and the applicant to discuss principles involved in the application before the applicant has gone to the expense of completing detailed engineering drawings. Any review or acceptance of a sketch plat is not tantamount to an approval and does not constitute authorize subdivision approval, recording, or the commencement of construction.

4. The Planning Division, in consultation with the City Engineer if necessary, shall determine the completeness of the application as follows and advise the applicant in writing as required. This process will continue until the application is deemed complete. An application for development shall be complete for purposes of commencing the applicable time period for action by a Board when so certified by the administrative officer. In the event that the administrative officer does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period unless:

a. The application lacks information indicated on the official checklist;

b. The administrative officer has notified the applicant, in writing, of the deficiencies in the application within forty-five (45) days of submission of the application.

5. If the application is deemed incomplete, the applicant may request that one or more of the submission requirements be waived, in which event the Board shall grant or deny the request within forty-five (45) days of the date of the application being deemed complete. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that such applicant is entitled to approval of the application. The administrative officer may subsequently require correction of any information found to be in error, and submission of additional information not specified in this ordinance or any revisions in the accompanying documents, as are reasonably necessary for approval of the application for development have been met.

6. Upon the preliminary determination of a complete application, the applicant shall submit fifteen (15) additional copies of the application documents and plans/plats. These additional sets are to be no larger than 11" x 17" sheets. Failure to so submit within seven (7) days of the determination of completeness will render the application incomplete. Upon their receipt, the board secretary shall schedule a hearing under the provisions of Article I of this ordinance. A hearing shall be held on all applications for development.

7.Upon receipt of the information required under Article VIII, the board secretary shall distribute the application for review and reports to the following officials:

a. City Engineer

b. Administrative Officer / Director of the Division of Planning

c. Zoning Officer

d. Director of Public Safety

e. Police Chief

f. Fire Chief

g. Director of Health

h. Plainfield Municipal Utilities Authority

i. Union County Planning Board

j. Office of Economic Development

The above officials shall be requested to submit written comments to the approving authority at least one week prior to the hearing date.

8.The approving authority shall grant or deny each application in accordance with findings pursuant to this ordinance and within the time periods provided in this ordinance. Where the application involves a site plan or subdivision plat, such approval shall be deemed preliminary unless otherwise stated.

Whenever review or approval of the application by the Union County Planning Board is required, the approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or failure to report thereupon within the required time.

The approving authority may grant approval to an application for development where it finds that:

A. The proposed development is consistent with the Master Plan adopted by the Planning Board;

B. The proposed use is compatible with surrounding uses;

C. The proposed use does not have any injurious effect on surrounding property values;

D. The proposed use is so designed, located and proposed to be operated that the public health, welfare, safety and convenience of the citizens are protected;

E. The interests of the public, and of the residents, occupants and owners of the proposed development are protected;

F. The proposed layout of the development is consistent with the requirements of all appropriate articles of this ordinance;

G. The streets are sufficiently wide, graded and located to accommodate prospective traffic to provide easy access for fire fighting and emergency equipment to buildings and coordinated into a convenient and efficient system and are consistent with the Official Map and the circulation element of the Master Plan, provided that no street of a width greater than fifty (50) feet within the right of way lines is required unless said street constitutes an extension of an existing street or a street shown on the Official Map that is of greater width;

H. Adequate potable and fire water supplies, drainage, shade trees, sewerage facilities and other utilities necessary for essential service to residents and occupants are provided;

I. Off-tract water, sewer, drainage and street improvements that are necessitated by development are provided;

J. Development of lands designated as subject to flooding is designed so as to avoid danger to life and property;

K. Provision is made for protection and conservation of soils from erosion by wind, water, excavation or grading and from contamination by unsanitary fill or dumping;

L. The applicant has submitted evidence that no taxes or assessments for local improvements are due or delinquent on the property for which application is made;

M. Where deemed appropriate, that the proposed structures are suitably located;

N. Safe and efficient vehicular and pedestrian circulation, parking and loading is provided;

O. Exterior lighting is adequate for safety and security reasons;

P. Existing natural resources are to be preserved by the development;

Q. The proposed development is suitably screened and landscaped;

R. The provisions of the City recycling ordinance are properly addressed by the proposed development;

S. The proposed development conforms to State of New Jersey, Union County, and City of Plainfield Highway Access Management Codes.

Preliminary approval of a subdivision or site plan shall confer upon the applicant the following rights for a three (3) year period from the date on which the resolution of preliminary approval is adopted:

A. That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to: use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, existing natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; and exterior lighting both for safety reasons and street lighting, except that nothing herein shall be construed to prevent the city from modifying by ordinance such general terms and conditions of preliminary approval as 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 section(s) of the preliminary subdivision plat or site plan;

C. That the applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards may govern;

D. That the approving authority grants an extension of preliminary approval, and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what otherwise would be the expiration date (The developer may apply for the extension either before or after what would otherwise be the expiration date.);

E. That the approving authority shall grant an extension of preliminary approval for a period determined by the authority but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the authority that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals.

A.developer shall apply for the extension before (1) what would otherwise be the expiration date of preliminary approval or (2) the 91st day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later.

Failure by the applicant to submit all required documents for final approval within the stated time periods will render the approval void. The applicant must submit a new application if the development is still desired.

A. Before granting of final approval for subdivision plats or site plans, or as a condition to the issuance of a development permit, the approving authority may require and shall accept the following in accordance with the standards adopted by this ordinance for the purpose of assuring the installation and maintenance of on tract improvements.

1.A performance guaranty in favor of the City in an amount not to exceed one hundred twenty percent (120%) of the cost of installation shall be posted. The cost shall be determined by the City Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 and this ordinance for improvements. The City deems improvements necessary and appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyors' monuments as shown on the final map and as required by the Map Filing Law, (N.J.S.A. 46:23-9.9 et. seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. The City Engineer shall review the improvements required by the approving authority which are to be bonded and itemize their cost. Said itemization shall be the basis for determining the amount of the performance guaranty and maintenance guaranty required by the approving authority and shall be appended to each performance guaranty posted by the obligor. The City Engineer shall forward an estimate of the cost of improvements to the obligor within thirty (30) days of the date of receipt of a request sent by certified mail for said estimate.

2.A maintenance guaranty shall be posted with the City Council for a period not to exceed two (2) years after final acceptance of the improvement, in an amount not to exceed fifteen percent (15%) of the cost of the improvement, which cost shall be determined by the City Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 and this ordinance. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or that the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required for such utilities or improvements.

B. The City Clerk shall forward a copy of the Council resolution and the performance and or maintenance bond to the Board secretary and City Engineer upon release thereof.

C. The amount of any performance guaranty may be reduced by the City Council by resolution, when portions of the improvements have been certified by the City Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be established by the City Council resolution. As a condition or as part of any extension of time, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation, which cost shall be determined by the City Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.

D. If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the City for the reasonable cost of the improvements not completed or corrected, and the City may, either prior to or after the receipt of the proceeds thereof, complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law".

E. Upon substantial completion of all required site improvements and appurtenant utility improvements, and the connection of same to the public system, the obligor shall notify the City Council in writing, by certified mail addressed in care of the City Clerk, of the completion of said improvements and shall send a copy simultaneously to the City Engineer. Thereupon, the City Engineer shall inspect all of the improvements and shall file a detailed list and report, in writing, with the City Council, and simultaneously with the obligor, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection not later then 45 days after receipt of the obligor's request. The list prepared by the City Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory.

The report shall also identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the City Engineer and appended to the performance guaranty as per above.

F. The City Council, by resolution, shall either approve the improvements determined to be complete and satisfactory to the City Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the City Engineer and appended to the performance guaranty. This resolution shall be adopted not later than 45 days after the receipt of the list and report prepared by the City Engineer. Upon adoption of the resolution by the City Council, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements.

G. If the City Engineer fails to send or provide the list and report as requested by the obligor within 45 days from the receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the City Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

H. If the City Council fails to approve or reject the improvements determined by the City Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within 45 days from the receipt of the City Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approval complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the City Engineer and appended to the performance guaranty, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

I. In the event that the obligor has made a cash deposit with the City or approving authority as part of the performance guaranty, then any partial reduction granted in the performance guaranty shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.

J. If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification as set forth in this section shall be followed. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the City Council or the City Engineer.

K. The obligor shall reimburse the City for all reasonable inspection fees paid the City Engineer for the foregoing inspection of improvements provided that the municipality may require the developer to place a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500.00 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments for which the reasonably anticipated fees are less than $10,000.00, fees may, at the option of the developer, be made in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the City Engineer, for inspections, the developer shall deposit the remaining 50% of the reasonably anticipated fees. For those developments for which the reasonably anticipated fees are $10,000.00 or greater, fees may, at the option of the developer, be made in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the City Engineer, for inspections, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The City Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall apply by stage or section.

L. To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the City Council shall be deemed, upon the release of any performance guaranty required pursuant to this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to the site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the appropriate City officials.

A. Prior to the expiration of preliminary approval, tTThe applicant may submit to the Secretary of the Board, which granted such approval application for final approval. Such submission for final site plan approval is to include five (5) sets of appropriate application forms, site plans, and required documents in addition to the fee as provided for in Article XIV of this ordinance. Submissions for final subdivision approval shall include five (5) sets of the appropriate application forms, one (1) original and five (5) copies of the revised deed or plat, and required documents, in addition to the fee as provided for in Article XIII of this ordinance.

B. The approving authority shall grant final approval to the submittal if the detailed drawings, specifications and estimates of the application conform to the standards adopted by this ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the "Map Filing Law" (N.J.S.A. 46:23-99, et. seq.)

C. Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the board secretary, or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final approval and a certificate by the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

A. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date on which the resolution of final approval is adopted; provided that in the case of subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required, the approving authority may extend such period of protection for extensions of one (1) year but not to exceed three (3) extensions. Notwithstanding any other provisions of this ordinance or the Municipal Land Use Law, the granting of final approval terminates the period of preliminary approval.

B. Whenever the approving authority grants an extension of final approval, and final approval has expired before the date on which the extension is granted, the extension shall begin on what otherwise would be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

C. The approving authority shall grant an extension of final approval for a specific period but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the authority that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the 91st day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later.

A. Recording of final approval of subdivision:

1. Final approval of a subdivision shall be evidenced by the signature of the City Engineer and the chair and secretary of the approving authority on the instruments.

2. Final approval of a major subdivision shall expire ninety-five (95) days from the date of the signing of the plat unless within such period the plat shall have been duly filed with the county recording officer. The approving authority may, for good cause shown, extend the period recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat.

3.The approving authority may extend the 190 day period for filing a minor subdivision plat or deed if the developer proves to their reasonable satisfaction that the developer (1) was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities, and (2) applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the authority. The developer may apply for the extension either before or after what would otherwise be the expiration date.

4.The signature of the chair and secretary of the approving authority shall not be affixed except pursuant to Article VIII of this ordinance.

It shall be the duty of the county recording officer to notify the approving authority and the City Tax Assessor in writing within seven (7) days of the filing of any plat, identifying such instrument by its title, date of filing and official number. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and written request of the City Council the plan shall be expunged from the official records.