An informal or concept submission is optional. At the request of the developer, the Land Use 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 developer shall submit fees in accordance with Chapter 146, Fee Schedule. The developer shall not be bound by a concept plan for which review is requested, and the Land Use Board shall not be bound by any such review.
Sketch plat review for major subdivisions or site plans is also
optional, but highly recommended. All plans submitted shall meet the
plan detail required for sketch plats and/or minor subdivisions, and
shall be submitted together with the appropriate fees and escrows
for sketch plats and/or minor subdivisions. Sketch plats which will
ultimately be submitted as major development submissions, whether
subdivision or site plan, shall be reviewed by the approving authority
and its professionals. All such sketch plats containing proposals
and/or designs for drainage, streets and subdivision layouts shall
contain sufficient detail to allow the reviewing personnel to comment
upon design concepts, such as building location, ingress and egress,
parking, major natural features that will have to be recognized or
may influence certain design criteria, and the applicant's basic concept
for water, sewerage and storm drainage facilities. Sketches submitted
with the submission shall be submitted to a scale of the possible
plan for development of the area but no detailed, accurate, engineering
drawings are required. Reports with respect to the plan submitted
and review made by the approving authority or its professionals shall
be binding upon the municipality for a reasonable period of time,
not to exceed one year, to the extent that the reports pertain to
a substantially similar plan submitted within such time period for
preliminary plat approval. All such reports, opinion letters or resolutions
of the Board may be entered into evidence at the public hearing, providing
the plan submitted is substantially similar to the sketch plat.
A.
Any owner of land within the City, prior to subdivision or resubdividing
land as defined in this chapter, shall submit to the Secretary of
the Land Use Board, at least two weeks prior to the regular meeting
of the Board, 12 copies of a plat of the proposed subdivision, if
a minor subdivision.
B.
If the plan submitted meets the definition for minor subdivision
as is set forth in this chapter, approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the Land Use Board, or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Land Use Board approval unless within such
period a plat in conformity with such approval and the provisions
of the Map Filing Law, or a deed clearly describing the approved minor
subdivision, is filed by the applicant with the county recording officer,
the Municipal Engineer and the Municipal Tax Assessor. Any such plat
or deed must be signed by the Chairperson and Secretary of the Land
Use Board before it will be accepted for filing by the County Recording
Officer.
C.
Upon approval, the zoning requirements and general terms and conditions
shall not be changed for a period of two years after the approval
date, provided that the approved minor subdivision shall have been
duly recorded.
A.
The plat shall be based on Tax Map information, or some other similarly
accurate base, at a scale, preferably not less than 400 feet to the
inch, to enable the entire tract to be shown on one sheet, and shall
show or include the following information:
(1)
The location of that portion which is to be subdivided in relation
to the entire tract;
(2)
All existing structures and wooded areas within the portion to be
subdivided and within 200 feet thereof;
(3)
The name of the owner and of all adjoining property owners as disclosed
by the most recent municipal tax records;
(4)
The Tax Map, sheet, block and lot numbers;
(5)
All streets or roads, proposed, mapped or built, and streams within
500 feet of the subdivision.
B.
When the approving authority determines that any proposed development
may create, either directly or indirectly, an adverse effect on either
the remainder of the property being developed or nearby property,
the approving authority may require the developer to revise the plat.
Where the remaining portion of the original tract is of sufficient
size to be developed or subdivided further, the developer may be required
to submit a sketch plat of the entire remaining portion of the tract
to indicate a feasible plan whereby the design of the proposed development
together with subsequent subdivisions or development will not create,
impose, aggravate or lead to any such adverse effect.
[Amended 3-21-2017 by Ord. No. 03-2017; 7-2-2019 by Ord. No. 11-2019; 2-2-2021 by Ord. No. 03-2021]
A.
Purpose. The purpose of site plan review is to determine whether
the proposed use, building, structure, addition or renovation to any
building, structure or use will conform to the Revised Statutes of
the State of New Jersey and the developmental ordinances of the City.
Site plan review shall work towards the development of an aesthetically
acceptable and well ordered community serving the interest of the
public health, safety and general welfare of the City.
B.
Approval required. Site plan approval shall be required for the initial
construction, excavation, grading or clearing of land for any commercial
or industrial use or multifamily dwelling in the City, or any expansion
thereof, or any interior renovation designed to increase the intensity
of use by increasing the number of occupants or to increase the number
or change the type of uses in such building. No building permit shall
be issued for any building or use, for reduction, enlargement or renovation
which would result in a use of the type aforesaid of any such building
unless a site plan is first submitted and approved by the Land Use
Board of the City. No certificate of occupancy shall be given unless
all construction and development conform to the plans as approved
by the Land Use Board. No site plan review shall be necessary for
the construction of a single-family dwelling in a residential zone,
or the accessory uses connected therewith.
C.
New or change in use.
(1)
Any change of use, establishment of a new or additional use, or expansion
of the use or the number of dwelling units within the same property,
establishment of a use after the prior use has been terminated within
the City, will void the previously issued certificate of occupancy
and require the issuance of a new certificate of occupancy. The expansion
of the use or any increase in the number of dwelling units within
the same property requires the formal approval of Land Use Board by
an application submitted to the Land Use Board. A new site plan review,
or waiver therefrom, is required for a change of use or the establishment
of a new use, so long as the use is permitted in the zone. The site
plan review or a waiver from the requirement to submit a site plan
will assure that the existing facilities are adequate to handle any
increased demands upon the site imposed by the change of use or new
use. A proposed change of use from one permitted use to another permitted
use in the zone and an accompanying request to waive the requirement
to submit a site plan for approval for a change of use or new use
only may be administratively approved by the Zoning Officer or the
Code Enforcement Official or the Business Administrator.
(a)
The proposed use is a use which is a permitted use in the zone
or district;
(b)
The proposed use is a use which conforms with the developmental
ordinances of the City;
(c)
The proposed use of the property will not be a burden to or
be incompatible with existing uses of property in the area;
(d)
The proposed use of the property will not result in or include
any exterior construction, excavation, grading or clearing of land
or expansion thereof and none is proposed;
(e)
The proposed use of the property will not result in or include
any interior construction or interior renovation which will expand
or increase the intensity of the use, including by increasing the
number of permitted occupants, the number of dwelling units within
the building, or to increase the number of uses and/or change the
type of uses in the building;
(f)
The proposed use of the property will not result in or include
an increase in or impact on the amount of traffic, need for parking,
trash and recycling and/or affect drainage or stormwater management;
(g)
The proposed use of the property will not result in or include
an increase in or significant impact on the hours of use of the property
or the hours of operation of a commercial business on the property;
and
(h)
As a requirement for obtaining the administrative approval for
the issuance of a building permit where a proposed change in the use
of the property is from one type of a permitted use to another permitted
use and/or to obtain administrative approval for a waiver from the
requirement to submit and obtain approval of a formal site plan design
from the Land Use Board, an applicant seeking such administrative
approval must personally meet with the Screening Committee of the
City of Burlington's Land Use Board and obtain the approval and/or
positive recommendation of the Screening Committee.
(2)
Approval of a proposed change of use will not be made administrative
where the proposed use is for or includes the following uses:
(a)
Any use which is conditionally permitted or which is not permitted
in the applicable zoning district;
(b)
Adult entertainment;
(c)
Sale of alcoholic beverages;
(d)
Sale of automobiles, motor vehicles, motorized equipment;
(e)
The sale of building material, farm and garden equipment and
supplies dealers, fuel dealers; warehouse clubs and supercenters;
(f)
Machinery and equipment rental and leasing;
(g)
Automobile and boat-related businesses:
[1]
Automobile: Major service and repairs; minor service and repairs;
rentals and leasing; sales, new and used; washing and detailing;
[2]
Public or private automobile parking and garages;
[3]
Automobile and boat fuel centers and convenience stores;
[4]
Automobile and boat supplies and parts dealers;
[5]
Boat landings and marinas (public or private);
[6]
Light construction contractors;
[7]
Heavy construction contractors;
[8]
Manufacturing: Food, including industrial-scale alcoholic beverage
manufacturing;
[9]
Industrial-scale bakeries and tortilla manufacturing and manufacturing
of other food or beverage items;
[10]
Industrial scale nonalcoholic beverage manufacturing;
[11]
Limited brewery in accordance with N.J.S.A. 33:1-10(1b);
[12]
All other food manufacturing;
[13]
All light industrial uses;
[14]
Transportation and warehousing uses:
[a]
Wet and dry boat docking and storage;
[b]
Farm product warehousing and storage; general freight
trucking, local and long distance; packing and crating; port and harbor
operations, cargo handling and support services; rail freight transportation
and storage; warehousing and storage, general and refrigerated;
[c]
Parcel delivery, postal service, couriers and messengers;
personal and household (mini) storage; used household and office goods;
moving services or supplies;
[d]
Petroleum, natural gas and other fuel pipelines;
[e]
Land and water scenic and sightseeing transportation;
taxi and limousine service;
(3)
Other uses. The Zoning Officer, Code Enforcement Official or Business
Administrator may determine, in his/her discretion, that administrative
approval of the proposed change of use is not appropriate for his/her
administrative approval, and that such approval must be obtained by
a formal application for a change of use by the City of Burlington
Land Use Board.
(4)
In the event that the approval of the proposed change of use is not
granted administratively, a new site plan application, or an application
for a waiver from that requirement to obtain approval of a site plan,
is required to be obtained from the Land Use Board to assure that
the existing facilities are adequate to handle any increased demands
upon the site imposed by the change of use or new use.
(5)
It shall be unlawful to convert any single-family attached or single-family
detached dwelling into a two-or-more-family dwelling.
[Added 2-2-2021 by Ord.
No. 03-2021]
D.
Waiver. Any applicant may request an administrative waiver from the requirement to file a formal application for approval of a site plan from the Land Use Board, as required under the terms and procedures set forth in § 207-40C of this chapter, (including the approval of the Screening Committee of the Land Use Board), provided that the applicant meets all of the same requirements in § 207-40C, and the applicant's site plan involves an existing building which includes:
(1)
No new exterior construction resulting in enlargement;
(2)
No extension of the on-tract parking requirements;
(3)
No change or impact on the existing drainage of the property and
adjacent properties; and
(4)
That the official(s) reviewing the proposed use determines that the
existing facilities are adequate to handle any increased demands upon
the site imposed by the change of use or new use; and
(5)
The proposed use will not otherwise create a more intense use with
respect to parking needs, impact on traffic, trash/recycling volume,
a significant change in the hours of operation or a use which is incompatible
with the existing surrounding properties.
E.
Request for waiver.
(1)
A request for an administrative waiver of site plan review shall
be made by completion of an appropriate form provided by the administrative
officer, payment of the requisite fee and photograph of the property.
(2)
In the event that a waiver is not granted, the applicant may apply
to the Land Use Board for a waiver of the requirement to submit a
formal written site plan for approval by the Land Use Board. In that
event, the applicant's fee will be applied to the site plan application.
The applicant will then be required to go forward with the requisite
site plan application. The balance of the fee and all escrows will
be required in the event site plan review is not waived.
F.
Minor site plan submission.
G.
Fees and applications for waiver of site plan review and for minor site plan approval. The fees for waiver of site plan review or submission as a minor site plan shall be in accordance with the schedule set forth in Chapter 146, Fee Schedule. In the event that site plan waiver is not granted or the applicant's plan is not accepted as a minor site plan, the applicant's fee shall be applied to a site plan application as a major site plan. The applicant shall then be required to go forward with the requisite major site plan application. The balance of the fee, and all escrows, will be required in the event site plan review is not waived or if consideration as a minor site plan is not granted.
A.
Preliminary plats required. Preliminary plats are required for all
major site plans and major subdivisions.
B.
Filing procedure. At least 12 black-on-white prints of the preliminary plat map plus supporting data, together with three completed application forms for preliminary approval, shall be submitted by the owner, properly signed as being the person or subdivider seeking approval, or by his/her agent acting for and with the consent of the owner, to the Board Secretary two weeks prior to the Land Use Board meeting at which consideration is desired. At the time of filing, a fee shall be paid in accordance with the schedule set forth in Chapter 146, Fee Schedule.
A.
Plat information. The preliminary plat shall be designed in accordance with the provisions of § 207-44 in strict accord with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the Land Use Board. For initial consideration by the Land Use Board prior to the granting of preliminary approval, the plat shall show or be accompanied by sufficient information to establish the design, arrangement and dimensions of streets, lots and other planned features as to form, size and location. This information shall form the basis for the general terms and conditions upon which tentative approval may be granted and shall include:
(1)
A key map showing the entire subdivision and its relation to surrounding
areas;
(2)
The tract name, Tax Map sheet, block and lot number, date, reference
meridian, graphic scale and the following names, addresses, and facts:
(3)
Acreage of tract to be subdivided to nearest tenth of an acre;
(4)
Sufficient approximate elevations or contours to determine the general
slope and natural drainage of the land and the high and low points
of all proposed new streets;
(5)
The location of existing and proposed property lines, streets, buildings,
watercourses, railroads, bridges, culverts, drain pipes and any natural
features, such as wooded areas and rock formations;
(6)
A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat;
(7)
After the general terms and conditions have been agreed upon, but
before tentative approval is granted, the subdivider must submit plans
of proposed utility layouts, sewer, storm drains, water, gas and electricity,
showing feasible connections to existing or any proposed utility systems.
When an individual water supply and/or sewerage disposal system is
proposed, the plan for such system must be approved by the appropriate
local, county or state health agency. When a public sewage disposal
system is not available, the developer shall have percolation tests
made and submit the results with the preliminary plat. Any subdivision,
or part thereof, which does not meet with the established requirements
of this chapter or other applicable regulations shall not be approved.
Any remedy proposed to overcome such a situation shall first be approved
by the appropriate local, county or state health agency.
B.
Engineer's seal. When the preliminary plat, which has been granted
tentative approval, forms the basis upon which application for final
approval will be made, such plat map and other accompanying engineering
plans must be prepared by a licensed professional engineer and a licensed
land surveyor in compliance with all the provisions of N.J.S.A. 46:23-9.9
et seq., the Map Filing Law, before the required improvements are
installed or the performance guarantees for same are furnished, which
requirements must be met before application and the granting of final
approval of the plat can be made.
C.
Building permits pending final approval. No building permit for development
of the subdivision proper, excepting such permits as are necessary
for the installation of the improvements, shall be issued until final
approval of the plat has been granted.
D.
Environmental impact statement. The application shall include six
copies of an environmental impact statement which includes the following:
(1)
An inventory of existing conditions, including but not limited to
consideration of the following:
(2)
An assessment of project's impact, including a description of the
project and its estimated affect on all items discussed in Subsection
(D)(1) of this section. It shall also include estimated public costs;
(3)
A list of all licenses, permits and other approvals required by municipal,
county, state, regional or federal law, and the status of each;
(4)
A description of alternatives within existing law which could be
proposed;
(5)
A description of adverse environmental impacts which could not be
avoided if approval were granted, and any attempts to mitigate them
that will be undertaken;
(6)
A conclusion discussing the relationship of environmental and economic
impacts of project.
E.
Waiver. Notwithstanding the foregoing, the Land Use Board, at the
request of an applicant, may waive the requirements for an environmental
impact statement if sufficient evidence is submitted to support a
conclusion that the proposed development will have slight or negligible
environmental impact. Portions of such requirement may be waived upon
a finding that a complete report need not be prepared in order to
adequately evaluate the environmental impact of a particular project.
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one inch equal 100 feet and in compliance with all
the provisions of N.J.S.A. 46:23-9.9 et seq., the Map Filing Law.
The final plat shall show or be accompanied by the following:
A.
The date, name and location of the subdivision, name of owner, graphic
scale and reference meridian;
B.
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved or dedicated
to public use, and all lot lines and other site lines, with accurate
dimensions, bearings or deflection angles, and radii, arcs and central
angles of all curves;
C.
The purpose of any easement of land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted;
D.
Each block numbered, and the lots within each block numbered consecutively
beginning with number one;
E.
Minimum building setback line on all lots and other sites;
F.
The location and description of all monuments;
G.
Names of owners of adjoining unsubdivided land;
H.
Certification by the engineer or surveyor as to the accuracy of the
details of the plat;
I.
Certification that the applicant is agent or owner of the land, or
that the owner has given consent under an option agreement;
J.
Certification on the plat of any required plat approval by any officer
or body of a municipality, county or state;
K.
Cross sections and profiles of streets, approved by the City Engineer
may be required to accompany the final plat;
L.
Contours at five-foot intervals for slopes averaging 10% or greater
and at two-foot intervals for land of lesser slope;
M.
Plans and profiles of storm and sanitary sewers and water mains;
N.
A certificate from the Tax Collector that all taxes are paid to date.
A.
General. All subdivision plats shall conform to design standards
that will encourage good development patterns within the City. Where
either or both an Official Map or Master Plan has or have been adopted,
the subdivision shall conform to the proposals and conditions shown
thereon. The streets, drainage rights-of-way, school sites, public
parks and playgrounds shown on an officially adopted Master Plan shall
be considered in approval of subdivision plats.
B.
Streets.
(1)
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide the appropriate extension of existing
streets.
(2)
Minor streets shall be designed as to discourage through traffic.
(3)
Subdivisions abutting arterial streets shall provide a marginal service
road or reverse frontage with a buffer strip for planting, or some
other means of separation of through and local traffic, as the Land
Use Board may determine appropriate.
(4)
Right-of-way width.
(a)
The right-of-way width shall be measured from lot line to lot
line and shall conform to the following schedule:
|
Classification
|
Right-of-Way
(feet)
|
Cartway
(feet)
| |
|---|---|---|---|
|
Arterial streets
|
80
|
60
| |
|
Collector streets
|
60
|
40
| |
|
Minor streets
|
50
|
34
| |
|
Marginal access streets
|
40
|
24
|
(b)
The right-of-way width for internal roads and alleys in multifamily,
commercial and industrial development shall be determined on an individual
basis, and shall in all cases be of sufficient width and design to
safely accommodate the maximum traffic, parking and loading needs
and maximum access for fire-fighting equipment.
(5)
No subdivision showing reserve strips controlling access to streets
shall be approved except where the control and disposal of land comprising
such strips has been placed in the Common Council under conditions
approved by the Land Use Board.
(6)
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan or Official Map or the
street width requirements of this chapter shall indicate additional
width along either one or both sides of such street. If the subdivision
is along one side only, 1/2 of the required extra width shall be dedicated.
(7)
Grades of arterial streets, major thoroughfares and collector streets
shall not exceed 4%. Grades on other streets shall not exceed 10%.
No streets shall have a minimum grade of less than 1/2 of 1%. Within
50 feet of the intersection of any street with a collector street,
major thoroughfare, arterial street or controlled access highway the
maximum grade shall be limited to 2%.
(8)
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°. The block corners at intersections
shall be rounded at the curbline with a curve having a radius of not
less than 20 feet.
(9)
Street jogs with center-line offsets of less than 125 feet shall
be prohibited.
(10)
A tangent at least 100 feet long shall be introduced between
reverse curves on arterial and collector streets.
(11)
When connecting street lines deflect from each other at any
one point by more than 10° and not more than 45°, they shall
be connected by a curve with a radius of not less than 100 feet for
minor streets and 300 feet for arterial and collector streets.
(12)
All changes in grade shall be connected by vertical curves of
sufficient radius to provide a smooth transition and proper sight
distance.
(13)
Dead-end streets (culs-de-sac) shall not be longer than 600
feet and shall provide a turnaround at the end with a radius of not
less than 50 feet and tangent whenever possible to the right side
of the street. If a dead-end street is of a temporary nature, a similar
turnaround shall be provided and provisions made for future extension
of the street and reversion of the excess right-of-way to the adjoining
properties.
(14)
No street shall have a name which will duplicate or so nearly
duplicate as to be confused with the names of existing streets. The
continuation of an existing street shall have the same name.
C.
Blocks.
(1)
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Article VII and to provide for convenient access, circulation control and safety of street traffic.
(2)
In blocks over 1,000 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the Land Use Board. Such walkway
shall be 10 feet wide and be straight from street to street.
(3)
For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
D.
Lots.
(2)
Insofar as is practical, side lot lines shall be at right angles
to straight streets, and radial to curved streets.
(3)
Each lot must front upon an approved street at least 50 feet in width
except as described in Subsections (D)(4) and (5) of this section.
(4)
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra width line, and all setbacks shall
be measured from such line.
(5)
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions or similar circumstances, the Land Use Board may, after
adequate investigation, withhold approval of such lot.
E.
Public use and service areas.
(1)
In large-scale development, easements along rear property lines or
elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and located in consultation with the
companies or City departments concerned.
(2)
Where a subdivision is traversed by a watercourse, drainageway channel
or stream, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially with the lines of such watercourse
and such further width or construction, or both, as will be adequate
for the purpose.
(3)
Natural features such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision containing
such features.
A.
Required improvements.
(1)
Prior to the granting of final approval, the developer shall have
installed or shall have furnished performance guarantees for the ultimate
installation of the following:
(a)
Streets;
(b)
Street signs;
(c)
Curbs and/or gutters;
(d)
Sidewalks;
(e)
Streetlighting;
(f)
Shade trees to be located on the street line so as not to interfere
with utilities or sidewalks and to be of a species and size approved
by the Land Use Board;
(g)
No topsoil shall be removed from the site or used as spoil.
Topsoil moved during the course of construction shall be redistributed
so as to provide at least six inches cover to all areas of the tract
and shall be stabilized by seeding or planting on slopes of less than
12% as shown on the final grading plan, and shall be stabilized by
sodding on slopes of 12% or over as shown on the final grading plan;
(h)
Monuments to be of the size and shape required by N.J.S.A. 46:
23-9.11 and shall be placed in accordance with such statute;
(i)
Water mains, culverts, storm sewers and sanitary sewers shall
be properly connected with an approved system and shall be adequate
to handle all present and probable future development.
(2)
All of the above-listed improvements shall be subject to inspection
and approval by the City Engineer, who shall be notified by the developer
at least 24 hours prior to the start of construction. No underground
installation shall be covered until inspected and approved.
B.
Performance guarantees.
(1)
No final plat shall be approved by the Land Use Board until the completion
of all such required improvements has been certified to the Land Use
Board by the City Engineer, unless the tract owner shall have filed
with the City a performance guarantee sufficient in amount to cover
the cost of all such improvements, or uncompleted portions thereof,
as estimated by the City Engineer, and assuring the installation of
such uncompleted improvements on or before an agreed date. Such performance
guarantee may be in the form of a performance bond, which shall be
issued by a bonding or surety company approved by the Common Council,
a certified check, returnable to the developer after full compliance,
or any other type of surety approved by the City Solicitor.
(2)
The performance guarantee shall be approved by the City Solicitor
as to form, sufficiency and execution. Such performance guarantee
shall run for a period to be fixed by the appropriate reviewing agency,
but in no case for a term of more than three years. The amount of
the performance guarantee may be reduced by the Common Council by
resolution when portions of the required improvements have been installed.
(3)
If the required improvements have not been installed in accordance
with the performance guarantee, the obligor and surety shall be liable
thereon to the City for the reasonable cost of the improvements not
installed and upon receipt of the proceeds thereof, the City shall
install such improvements.
C.
Scope of performance and maintenance bonds/guarantees.
[Added 10-2-2018 by Ord.
No. 05-2018]
(1)
The bonds and/or guarantees required under Subsections A and B shall be required to cover the following improvements, to the fullest extent permitted by N.J.S.A. 40:55D-53, as amended by P.L. 2017, c.312:
(a)
The developer shall furnish a performance guarantee in favor
of the City in an amount not to exceed 120% of the costs of installation
of all improvements to be dedicated to the City and/or any other public
entity, as determined by the City Engineer.
(b)
The developer's performance guarantee shall include any privately
owned and/or on-site perimeter buffer landscaping.
(c)
If a temporary certificate of occupancy is sought by the developer
for a development, unit, lot, building, or phase of the development
project, the developer shall be required to furnish a separate guarantee
in favor of the City, in an amount equal to 120% of the cost of remaining
improvements to be completed under the temporary certificate of occupancy,
not covered by an existing performance guarantee.
(d)
The developer shall be required to furnish a safety and stabilization
guarantee, either as a separate guarantee or as a line item of a performance
guarantee, at the developer's option. The scope, amount, and form
of this guarantee shall be governed by N.J.S.A. 40:55D-53, as amended
by P.L. 2017, c.312.
(f)
Upon inspection and issuance of final approval by the City Engineer,
the developer shall be required to post a two-year maintenance guarantee
in an amount not to exceed 15% of the cost of installation for improvements
that were the subject of a performance guarantee and for the following
private, on-site improvements: stormwater management basins, in-flow
and water quality structures within the basins, and out-flow pipes
and structures of the stormwater management system, if any.
A.
The site plan shall be prepared by a professional engineer, land
surveyor, architect or planner and shall be drawn to a scale of not
less than one inch equals 50 feet. The site plan shall be based on
the latest available Tax Map information and shall be of standard
size, as required by the Map Filing Act. Development standards shall
be in conformance with this chapter.
B.
These requirements may be submitted on one or more sheets appropriately
titled:
(1)
A key map of the site with reference to surrounding areas and existing
street locations;
(2)
The name and address of the owner and site plan applicant, together
with the name of the owners of all contiguous land and of property
directly across the street as shown by the most recent tax records
of the City;
(3)
Name, address and title of the person preparing the plan and accompanying
data;
(4)
An appropriate place for the signatures of the Land Use Board Chairperson,
Secretary and City Engineer;
(5)
The municipal Tax Map lot and block numbers of the lot or lots and
tax sheet number. Acreage of the tract to the nearest tenth of an
acre;
(6)
A date, scale and north arrow on any map;
(7)
The zone district in which the lot or lots are located;
(8)
Lot line dimensions;
(9)
Location of all structures, streets, entrances and exits on the site
and on contiguous property, and on property directly across the street;
(10)
Location of all existing and proposed structures, with their
outside dimensions and elevations;
(11)
All lot lines, setback lines, railroads and their rights-of-way,
the location and purpose of any easements and underground and overhead
utility lines on any street which abuts the property;
(12)
The building's front, side and rear elevations and floor plan;
(13)
A drainage plan containing the following:
(a)
The size, location and slope of any existing or proposed storm
drainage pipes;
(b)
The size, type, invert elevation and location of any existing
or proposed drainage inlets;
(c)
The disposition of drainage leaving the site to the first downstream
structure or 1,000 feet downstream, whichever is closer;
(d)
The location of any ditches, swales, berms or streams shall
be shown;
(e)
The drainage calculations to substantiate the capacity of the
storm drainage system;
(14)
A copy of any protective covenant or deed restrictions applying
to the tract to be developed shall be submitted along with the site
plan;
(15)
Building setback, side line and rear yard distance;
(16)
All existing physical features, including streams, watercourses,
floodplains, existing trees greater than three inches in caliper measured
six feet above ground level and significant soil conditions, such
as swamp or rock, as well as the Soil Conservation Service soil classification;
(17)
Topography showing existing and proposed contours at five-foot
intervals for slopes averaging 5% or greater, and at two-foot intervals
for land of lesser slope. A referenced benchmark shall be clearly
designated;
(18)
Parking, loading and unloading areas shall be indicated with
dimensions, traffic patterns, access aisles and curb radii;
(19)
Improvements, such as roads, curbs, bumpers and sidewalks, shall
be indicated with cross sections, design details and dimensions;
(20)
Location and design of existing and proposed stormwater systems,
sanitary waste disposal systems, water mains and appurtenances and
method of refuse disposal and storage;
(21)
Landscaping and buffering plan showing what will remain and
what will be planted, indicating botanical names of planting material
and dimensions, approximate time of planting and planting details;
(22)
Lighting details indicating type of standards, location, radius
of light and intensity in footcandles;
(23)
Location, dimensions and details of existing and proposed signs;
(24)
An environmental impact statement, as set forth in § 207-42D, is required when the proposal involves more than two acres, 12 dwelling units or 10,000 square feet of commercial or office industrial space;
(25)
Final plans shall contain those details and specifications required
for preliminary site plan, and in addition shall contain any additional
information or standards required by the conditions of preliminary
approval.
A.
Other ordinances; jurisdiction. The requirements contained in Article VII shall apply to site plan approval as they relate to parking, location of structures, setbacks, yards, height, density, coverage and other matters. All design criteria pertaining to subdivisions shall also apply to an application for site plan approval when deemed appropriate by the Land Use Board.[1]
B.
Site design. The design and layout of buildings and parking areas
shall be reviewed so as to provide an aesthetically pleasing design
and efficient arrangement. Particular attention shall be given to
safety and fire protection, impact or surrounding development and
contiguous and adjacent buildings and lands.
D.
Customer service areas. Any site plan that provides temporary stopping
space or maneuvering space for vehicles of customers or patrons seeking
service at a roadside business establishment, such as a roadside grocery
or farm produce stand, gasoline service station, drive-in bank, etc.,
should be so located that the stopping or maneuvering space is at
least 10 feet back of the right-of-way line of the road.
E.
Driveways. The following standards shall apply to driveways:
(1)
The number of driveways provided from a site directly to any one
road shall be dictated by the traffic conditions existing, intersections
nearby, and other factors, but the following will be used as a guide.
|
Length of Site Frontage
(feet)
|
Number of Driveways
| |
|---|---|---|
|
75 or less
|
1
| |
|
75 to 800
|
2
| |
|
Over 800
|
To be determined individually
|
(2)
All exit and entrance driveways shall be located to afford maximum
safety to traffic.
(3)
All exit driveways or driveway lanes shall be so designed in profile
and grading and shall be so located to permit the following minimum
sight distance measured in each direction along the road. The measurement
shall be from the driver's seat of a vehicle standing on that portion
of the exit driveway that is immediately outside the edge of the road,
travelled way or shoulder:
|
Allowable Speed on Road Required Sight Distance
| ||
|---|---|---|
|
MPH
|
In Feet
| |
|
25
|
150
| |
|
30
|
200
| |
|
35
|
250
| |
|
40
|
300
| |
|
45
|
350
| |
|
50
|
400
| |
(4)
Where a site occupies a corner of two intersecting roads, no driveway
entrance or exit may be located within a minimum of 30 feet of the
beginning of any ramp or other portion of an interchange; or on any
portion of a road where the grade has been changed to incorporate
an interchange.
(5)
Where two or more driveways connect a single site to any one road,
a minimum clear distance of 25 feet measured along the right-of-way
line shall separate the closest edges of any two such driveways.
(6)
Driveways used for two-way operation will intersect the road at an
angle to as near 90° as site conditions will permit, and in no
case will be less than 60°.
(7)
Driveways used by vehicles in one direction of travel (right turn
only) shall not form an angle smaller than 45° with a road, unless
acceleration and deceleration lanes are provided.
(8)
The dimensions of driveways shall be designed to adequately accommodate
the volume and character of vehicles anticipated to be attracted daily
onto the land development for which a site plan is prepared. The required
maximum and minimum dimensions for driveways are indicated in the
accompanying table. Driveways serving large volumes of daily traffic,
or traffic over 25% of which is truck traffic, shall be required to
utilize high to maximum dimensions. Driveways serving low daily traffic
volumes, or traffic less than 25% of which is truck traffic, shall
be permitted to use low to minimum dimensions.
|
One-Way Operation
|
Two-Way Operation
| ||||
|---|---|---|---|---|---|
|
Curbline Opening
(feet)
|
Driveway Width
(feet)
|
Curbline Opening
(feet)
|
Driveway Width
(feet)
| ||
|
Five- to ten-family residence
|
12 to 15
|
10 to 13
|
12 to 30
|
10 to 26
| |
|
Ten-family or over
|
12 to 30
|
10 to 26
|
24 to 36
|
20 to 30
| |
|
Commercial and industrial
|
24 to 50
|
24 to 34
|
24 to 50
|
24 to 46
| |
|
Service stations
|
15 to 36
|
12 to 34
|
24 to 36
|
20 to 34
| |
(9)
The surface of any driveway subject to site plan approval shall be
constructed with a permanent pavement of a type specified by standards
set by the City Engineer. Such pavement shall extend to the paved
travelled way of paved shoulder of the road, and such pavement shall
extend throughout the area defined by the required driveways specified
in Subsection (E)(8) of this section.
(10)
Any vertical curve on a driveway shall be flat enough to prevent
the dragging of any vehicle undercarriage. All driveway profiles and
grades shall be submitted to and approved by the City Engineer.
F.
Sidewalks. The Land Use Board may require the installation of sidewalks
as a condition of site plan approval, conforming to such specifications
as are existing or as shall be promulgated by the City Engineer.
G.
Curbing. Curbing shall be installed in accordance with Land Use Board
requirements and City Engineer specifications.
H.
Lighting. Adequate lighting shall be provided to ensure safe movement
of persons and vehicles and for security purposes. Lighting standards
shall be a type approved by the Land Use Board. Directional lights
shall be arranged so as to minimize glare and reflection on adjacent
properties.
I.
Buffers and landscaping. Buffer and landscaping requirements shall be in accordance with § 207-87.
J.
Signs. Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians. Signs shall be designed in accordance with the requirements of Chapter 285, Article I, General Sign Regulations, of the Code of the City of Burlington.
K.
Drainage. Each land development subject to site plan approval shall
provide adequate drainage structures in accordance with standards
set by the City Engineer for handling stormwater that is generated
on and/or through such site.
As a condition to the approval of a site plan and/or subdivision,
the review agency may require the dedication of additional right-of-way
in accordance with the City Master Plan adopted by the Land Use Board
or an Official Map adopted by Common Council. On an existing road,
the additional right-of-way shall be that portion of the site which
abuts a road and which lies between the existing right-of-way and
the proposed future right-of-way line for the road as set forth on
an Official Map adopted by the Common Council. However, where the
proposed future right-of-way lines for an existing road are drawn
so that the total additional right-of-way is to be secured from just
one side of the road, only 1/2 of that additional right-of-way shall
be required to be dedicated as a condition to the approval of a site
plan.
A.
Submission of complete application. The submission shall be reviewed
as to its completeness. If rejected as incomplete, the applicant shall
be notified within 45 days of submission. The applicant may request
that one or more of the items to be submitted, required for a complete
application, be waived. In that event, the application is automatically
deemed incomplete without notice by the Board. The Board shall have
45 days to act upon an applicant's request.
B.
Hearing or review. Upon acceptance of a complete submission, a public
hearing date for subdivisions only shall be set and notice given as
required by this chapter. No public hearing shall be required for
site plans but they shall be reviewed at a regularly scheduled or
special meeting open to the public.
C.
Copies of preliminary plat. Copies of the preliminary plat shall
be forwarded by the Secretary of the Land Use Board prior to the hearing
to the following persons:
D.
Time for decision. Upon submission of a complete application for
a subdivision of 10 or fewer lots, or a site plan which involves 10
acres of land or less and 10 dwelling units or less, the Land Use
Board shall grant or deny preliminary approval within 45 days of the
date of such submission, or within such further time as may be consented
to by the developer. Upon submission of a complete application for
a subdivision of more than 10 lots, or a site plan of more than 10
acres or more than 10 dwelling units, the Land Use Board shall grant
or deny preliminary approval within 95 days of the date of such submission,
or within such further time as may be consented to by the developer.
Otherwise, the Land Use Board shall be deemed to have granted preliminary
approval for the subdivision and/or site plan.
E.
Requirements on approval. If the Land Use Board acts favorably on
a preliminary plat, the Chairperson of the Land Use Board shall affix
his/her signature to the plat with a notation that it has received
tentative approval and return it to the subdivider for compliance
with final approval requirements.
F.
Rights on approval.
(1)
Preliminary approval shall confer upon the applicant the following
rights of a three-year period for the date of the preliminary approval,
otherwise the approval shall be void:
(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, any requirements peculiar to site plan approval
pursuant to N.J.S.A. 40:55D-41;
(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 subdivision plat or site plan, as the
case may be; and
(c)
That the applicant may apply for and the Land Use Board 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,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
(2)
In the case of a subdivision of or site plan for an area of 50 acres
or more, the Land Use Board may grant the rights referred to in Subsection
(F)(1)(a), (b) and (c) of this section for such period of time, longer
than three years, as shall be determined by the Land Use Board to
be reasonable taking into consideration:
(3)
The applicant may apply for thereafter, and the Land Use Board may
thereafter grant, an extension to preliminary approval for such additional
period of time as shall be determined by the Land Use Board to be
reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible
under preliminary approval;
(b)
The potential number of dwelling units and nonresidential floor
area of the section or sections awaiting final approval;
(c)
Economic conditions;
(d)
The comprehensiveness of the development; provided, that if
the design standards have been revised, such revised standards may
govern.
G.
Substantial change in application. Should the Land Use Board require,
or should the developer propose, any substantial amendment in the
layout, type or design of the site or the improvements, in either
a site plan or subdivision, as originally proposed and that plan has
been the subject of a hearing, the amended application for development
shall be submitted and proceeded upon as in the case of the original
application for development.[1]
[1]
Editor's Note: Original § 16.24.140H, Referral of application by Planning Board, and § 16.24.140I, Separate or subsequent application to Zoning Board in conjunction with zoning application, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A.
For each subdivision, the original tracing, one translucent tracing
cloth copy, two cloth prints, seven black-on-white prints and three
copies of the application form for final approval shall be submitted
to the Secretary of the Board at least 14 days prior to the date of
a regular meeting of the reviewing agency.
B.
For site plans, nine copies of the plan and three copies of the application
form for final approval shall be submitted to the Secretary of the
Board at least 14 days prior to the date of a regular meeting of the
reviewing agency.
C.
Unless the preliminary plat is approved without changes, the final
plat shall have incorporated all changes or modifications required
by the reviewing agency.
D.
The final plat shall be accompanied by a statement by the City Engineer
that he/she is in receipt of a map showing all utilities in the exact
location and elevation, identifying those portions already installed,
and those to be installed and the subdivider has complied with one
or both of the following:
E.
Any plat which requires county Land Use Board approval pursuant to
N.J.S.A. 40:27-1 et seq. shall be forwarded to the County Planning
Board for its action prior to final approval by the Land Use Board.
F.
The reviewing agency shall take action on the plans submitted within
45 days after submission of a complete application, or within such
further time as may be consented to by the applicant.
A.
If the Land Use Board approves the final plat, a notation to that
effect shall be made on each plat and shall be signed by the Chairperson
and the Secretary of the Land Use Board.
B.
The Land Use Board shall act upon a complete submission of a final
plan within 45 days, or such further time as may be agreed to by the
applicant. Failure to act within this time shall be deemed to be approval
of the application, and the Secretary shall issue a certificate to
that effect at the request of the applicant.
C.
The Land Use Board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by this chapter 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.
46:23-9.9 et seq.
D.
The final plat, after final approval by the Land Use Board shall
be filed by the subdivider with the county recording officer within
95 days from the date of such approval. If any final plat is not filed
within this period, the approval shall expire. An extension may extend
this period up to 190 days for cause.
E.
No plat shall be accepted for filing by the county recording officer
unless it has been duly approved by the Land Use Board and signed
by the Chairperson and Secretary.
A.
Expiration of approvals. Any approval under the terms of any developmental
ordinance of the City shall expire unless construction shall have
been actually commenced or completed in accordance with the provisions
set forth below.
(1)
Any variance, conditional use permit, special exception, special
use permit's interpretation of a zoning ordinance, decision with respect
to appeal from a decision of the Construction Official or other appropriate
official of any other Construction Official or other appropriate official,
or any other ordinances of this City, other than subdivision and site
plan approvals, shall expire unless construction or alteration shall
have been actually commenced on each and every structure permitted
by such approval or unless such permitted use has actually been commenced
within one year from the date of approval by the approving authority.
(2)
Any subdivision or site plan approval shall expire within three years
from the date of preliminary plat approval if no application has been
filed or final approval or extension of the preliminary plat approval
granted by the approving authority in accordance with the provisions
of this chapter as set forth below. If final plat approval has been
granted, this provision with respect to preliminary plat approval
shall be governed as is set forth below with respect to final plats.
(3)
Any subdivision or site plan approval shall expire within two years
from the date of final plat approval unless construction shall have
been actually commenced on those improvements, whether on-tract, off-tract,
on-site or off-site, required as part of the approval, as a condition
of the approval or shown on the plan presented for approval or plan
revised in accordance with the approval. Such improvements shall include,
but not be limited to, streets, grading, pavement, gutters, curbs,
sidewalks, streetlighting, shade trees, surveyors monuments as required
by the Map Filing Law, 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 plan only, other on-site improvements
and landscaping. If the performance bond governing any of the above
improvements expires prior to the two-year period following final
plat approval without completion of the aforesaid improvements covered
by the bond, the approval shall expire with the expiration of the
bond.
B.
Extension of time period for approval. Any approval requiring an
improvement, as set forth above, shall last for the life of the performance
bond and any extension of such bond. All improvements must be completed
during the effective life of the performance bond or the approval
shall expire. Any approval may be extended by resolution of the approving
authority. Any extension of preliminary or final approval of a site
plan or subdivision by the approving authority, pursuant to the Municipal
Land Use Law, shall automatically extend those time periods for expiration
of approvals as are set forth above.
C.
Completion of construction. All improvements set forth above must
be completed during the effective life of the performance bond guaranteeing
those improvements or the approval shall expire. Those improvements
which must be commenced during a period of time following approval,
as set forth above, shall be completed in accordance with the building
permit or construction permit issued by the state or City within the
time period set forth by such permit or the law authorizing such permit,
requiring continuation of work upon the premises, building or use.
A cessation of construction for a six-month period which runs beyond
the expiration of the time period shall be prima facie evidence of
intent to abandon, at which time the approval shall expire without
hearing or notice unless the permit has been renewed.
D.
Previously approved applications, uses and plans. Any previous approval
granted by the Land Use Board or the Common Council of the City, wherein
no construction of the use approved or the improvements required by
the approval has commenced, shall expire one year from the date of
enactment of this provision, unless an extension is granted by the
interpretation of one of the provisions set forth in this section.
[Amended 6-14-2011 by Ord. No. 05-2011]
