This Part 2 shall be known as the "Site Plan
Review Ordinance of the Township of Chester."
[Amended 7-8-2021 by Ord. No. 2021-10]
The development and use of land for commercial,
institutional, research, office, residential and other uses may have
a substantial impact upon the character of the Township and its environment,
as well as upon traffic, utilities and property values therein, thereby
affecting the public health, safety and general welfare. Therefore,
in order to foster the attractiveness of the Township and enhance
and conserve its desirability as a place to live and to work, to protect
its natural and man-made environment, to protect its water and air
resources, to minimize pollution of all kinds, to protect its historic
character, to provide an efficient road network, to ensure the movement
of traffic, to provide an efficient utility network and to implement
comprehensive planning and better serve the public health, safety
and general welfare, it is hereby required that plans for such uses
shall be referred to the Planning Board for its review and approval.
In the interpretation and the application of
the provisions of this Part 2, they shall be held to be the minimum
requirements for the promotion of the health, safety, morals and general
welfare. They are not intended to interfere with or abrogate or annul
other rules, regulations or ordinances, provided that where this Part
2 imposes greater restrictions, the provisions of this Part 2 shall
apply.
The Planning Board may waive all or part of
the requirements of this Part 2 if it finds that the proposed construction,
alteration, change of occupancy or use does not adversely affect the
public health, safety and general welfare. A statement of the reasons
for the decision shall be made a part of the records of the Planning
Board.
Site plans and amendments thereto shall be approved
by the Planning Board in the manner and in accordance with the procedures
and regulations set forth in this Part 2. The Planning Board, in approving
plans, may impose conditions or requirements. Such conditions and
requirements shall be provided and maintained as a condition to the
establishment, maintenance and continuance of any use or occupancy
of any structure or land to which they are appurtenant. The procedure
for and effect of preliminary and final approval of site plans shall
be as set forth in N.J.S.A. 40:55D-46 through N.J.S.A. 40:55D-53.
In the event of a failure to comply with the
approved site plan, or any conditions or requirements imposed, the
Construction Official shall revoke the building permit or the certificate
of occupancy, as the case may be, and seek to enjoin the violation,
or take other lawful steps to enforce the requirements of the plan
or conditions.
The plan or plans shall conform to the requirements
of all applicable laws, ordinances and codes of the Township, county,
state and federal government, or other agencies with jurisdiction
over such matters.
The Planning Board may refer site plans to other
local, county, state, federal, private or semipublic agencies for
review and recommendations.
Each application for site plan approval, where
required pursuant to N.J.S.A. 40:27-6.6, shall be submitted by the
applicant through the Planning Board Secretary to the County Planning
Board for review or approval, and the Planning Board shall condition
any approval which it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time period.
No construction shall occur pursuant to any
site plan, major or minor, until all conditions of approval have been
satisfied.