A.
This chapter shall be known and may be cited as the
"Site Plan Review Ordinance of the Borough of Gibbsboro."
B.
Purpose. Site development plans shall be so designed as to enhance the general appearance of the Borough and to promote the harmonious use of land; to lessen congestion in the streets; to secure safety from fire, panic or other dangers; to promote the general health, safety and welfare; to provide adequate light and air; to prevent the overcrowding of land and buildings by an undue concentration of population; and to encourage creative development and design consistent with the policies of the Master Plan of the Borough of Gibbsboro and the regulations promulgated by Chapter 400, Zoning.
A.
Word usage. Any word or term not defined herein shall
be as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et
seq., or shall be utilized in standard usage for the context in which
the word is used. In interpreting this chapter, words in one tense
shall include other tenses or derivative forms; words in the singular
shall include the plural, and in the plural, the singular; either
gender shall include the other; the word "shall" is mandatory; and
the word "may" is permissive.
B.
APPLICANT
BOARD
CONDITIONAL USE
CONSERVATION DISTRICT
DEVELOPER
DEVELOPMENT
GENERAL DEVELOPMENT PLAN
PERSON
PLANNED UNIT DEVELOPMENT
SITE PLAN
SITE PLAN, MAJOR
SITE PLAN, MINOR
(1)
(2)
(3)
(4)
(5)
(6)
STEEP SLOPES
Definitions. The following definitions shall have
the meanings indicated:
A developer submitting an application for development.
Either the Planing Board or Zoning Board of Adjustment, pursuant
to N.J.S.A. 40:55D-23 or 40:55D-69, respectively.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location shall comply with
the conditions and standards for the location or operation of such,
as contained in this chapter, and upon the issuance of a conditional
use permit by the Planning Board.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or for
any mining, excavation or landfill, and any change in the use of a
building or other structure or land or extension of the use of land,
for which approval may be granted under this chapter.
A comprehensive plan for the development of a planned development
pursuant to N.J.S.A. 40:55D-45.1 through 40:55D-45.8.
A corporation, company, associates, society, firm, partnership
or joint-stock company, as well as an individual, a state and all
political subdivisions of a state or any agency or instrumentality
thereof.
The development plan for one or more lots on which is shown
the existing and proposed 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
any other information that may reasonably be required in order that
an informed decision may be made by the approving authority.
Any site plan not meeting the definition of a minor site
plan.
A site plan of one or more lots which:
Does not propose new construction in excess
of 5,000 gross square feet of either a new building or an addition
to an existing building.
Does not disturb more than 5,000 square feet
of land area.
Requires 10 or fewer off-street parking spaces.
Is not a planned development as defined by N.J.S.A.
40:55D-1 et seq.
Does not involve the extension of any new street
or off-tract improvement.
Contains information sufficient to make an informed
decision as to whether the requirements established by this chapter
for the approval of a minor site plan have been met.
A.
Site plan review criteria. Site plan review shall
consider, but not be limited to, the following review criteria:
(1)
Site 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. The pedestrian and vehicular traffic
movement within and adjacent to the site shall be reviewed 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. 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 reviewed 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.
(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 to 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 shall be reviewed that the Board,
in its deliberations, finds reasonably necessary to decide upon an
application for development.
B.
Proposed public dedications. Approval of final plans
by the Planning Board or Zoning Board of Adjustment, as the case may
be, 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.
C.
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-70a through d, the
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 days
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. Failure of the 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.
D.
Public notice for variances. Public notice shall be
given for applications otherwise excepted from the requirements of
public notice whenever variance relief is requested.
E.
Expiration of variances. In the event that a variance
is granted for an application exempt from the requirements 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.
F.
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 Board of
jurisdiction.
Determination of completeness. No Board shall
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 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 that an applicant requests that one or
more of the submission requirements be waived, the Board shall consider
that request and review the information provided and shall grant or
deny the request and make a determination of completeness within 45
days from the date of submission of the application.
C.
The Board may subsequently require correction of any
information found to be in error and the submission of additional
information not specified in this chapter or any revisions in the
accompanying documents as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application for development have been met.
Public notice shall be required for all applications
unless otherwise exempted in this chapter. Public notice shall be
given in accordance with N.J.S.A. 40:55D-12 and the following requirements:
A.
Notice of the hearing shall be published, given to
the public and served to others by the applicant, at the applicant's
expense, at least 10 days prior to the public hearing as required
by law. The notice of the hearing shall state the time and place of
the hearing and shall contain a brief description of the property
involved, a statement as to its location, a list of the maps and other
documents to be considered and a summary statement of the matters
to be heard, including any variances or waivers requested or required.
B.
The applicant shall ensure that all plans, maps and
documents for which approval is sought shall be on file with the Board
Secretary at least 10 days prior to the hearing for public inspection
during normal business hours.
C.
The applicant shall file an affidavit of proof of
service and proof of publication prior to the public hearing.
A.
Site plan approval required. Except as hereinafter
provided, no building permit shall be issued for any building or use
or enlargement of any building or use unless a site plan is first
submitted and approved by the Gibbsboro Planning Board or Zoning Board
of Adjustment as the law permits, and no certificates of occupancy
shall be given unless all construction conforms to the approved plan.
B.
Exemptions from site plan review. 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)
Other buildings incidental to residential uses.
(4)
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:
C.
Site plan review waiver. The Board of jurisdiction
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 reviewing
Board shall render a decision based on such evidence and may attach
conditions to any waiver so granted.
