No application filed with the Joint Land Use Planning Board
may be withdrawn by the applicant without the consent of the Board.
The Board may condition its consent to withdraw upon such terms and
conditions as the Board deems appropriate, including for example the
condition that the applicant reimburse the Board and any objector
for all expenses, including attorneys' fees, incurred in responding
to the application. No application fees shall be returned to the applicant.
In determining whether to grant consent for withdrawal of an application,
the Board shall consider the following factors:
A. The amount of time and effort spent by the municipality and its agents
in reviewing the application prior to the request for withdrawal.
B. The lack of finality that would result if the application were permitted
to be withdrawn.
C. The point in the proceedings at which time the request for withdrawal
is made.
D. The interests of any member of the public that has opposed the application
and whether any such person has retained counsel or incurred other
expenses.
E. Whether any conditions or terms could be imposed on the withdrawal
to mitigate the adverse consequences of withdrawal.
F. Any other relevant factors or considerations that bear on the request
for withdrawal.
No construction permit shall be issued for any new structure, for any modification to an existing structure or for any addition to an existing structure, and no certificate of occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the Riverside Township Joint Land Use Board, except that a construction permit for additions to any existing building of 1,000 square feet or less of floor area shall not require site plan approval. Applications for a conditional use permit may require site plan review and approval, per §
255-98 of this code.
In addition to the requirements of this chapter and of the Township
of Riverside Master Plan, as amended from time to time, the following
standards shall be used by the Planning Board as guidelines in reviewing
site plan applications:
A. The existing landscape shall be preserved in its natural state insofar
as possible and tree and soil removal kept to a minimum. Grade changes
shall be made in keeping with the general appearance of neighboring
developed areas. New landscaping and grass and ground cover areas
shall be developed as screening and environmental protection for the
site.
B. Proposed structures shall be related harmoniously to the terrain
and to existing buildings and structures in the vicinity that have
a visual relationship to the proposed development. Provision shall
be made for screening of all parking, service and loading areas, playgrounds,
equipment and storage areas from adjacent properties.
C. Adequate provision shall be made for vehicular and pedestrian circulation,
including walkways, interior drives and parking. Special attention
shall be given to location and number of access points to the public
streets, width of interior drives, general interior circulation, separation
of pedestrian and vehicular traffic and arrangement of parking areas
that are safe and convenient and do not detract from the design of
proposed structures and the neighboring properties.
D. Provision shall be made for the proper location and adequate intensity and direction of outdoor lighting, so that lighting shall be reflected away from adjoining premises and public rights-of-way. The size, location, design, color, texture, lighting and materials of all signs shall not detract from the design of the proposed buildings and structures and the surrounding properties and streets or create confusion with other signs or for drivers of vehicles or pedestrians, and shall conform to the provisions of §
255-157.
E. There shall be a careful review by the Riverside Sewer Authority,
at the applicant's expense, of the anticipated average and maximum
rates of sewage flow from any proposed structure, and a determination
shall be made, to the satisfaction of the Planning Board, that existing
sewerage and sewage treatment capacity are sufficiently adequate to
convey and treat such anticipated sewage flow.
F. The Planning Board, after consultation with the Township Engineer,
shall determine that there is adequate provision for drainage from
the proposed site, such drainage to be so arranged that no deleterious
effect can reasonably be expected in this regard upon adjacent properties
or upon the general health and welfare of the community.
G. The Planning Board shall be assured that the proposed development
will not interfere with the ecological balance of the community or
the surrounding properties.
H. Adequate provision shall be made for the collection, disposition
and recycling of recyclable materials consistent with the goals of
the state recycling plan.
In the event that an application for development requires an
approval by a governmental agency other than the Joint Land Use Planning
Board, the Board shall, in appropriate circumstances, condition approval
upon the subsequent approval of such governmental agency, provided
that the Board shall make a decision on any application for development
within the time period provided in this chapter, or within an extension
of such period as has been agreed to by the applicant, unless the
Board or Township is prevented or relieved from so acting by operation
of law.
The Riverside Joint Land Use Planning Board, acting as the Board
of Adjustment, shall render a decision not later than 120 days after
the date an appeal is taken from the decision of the Construction
Code Official or Zoning Officer or the submission of a complete variance
application. The time period for subdivision and/or site plan approval
shall be governed by the review process for those applications. The
failure of the Board to render a decision within such 120-day period
or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.