[HISTORY: Adopted by the Township Council
of the Township of Evesham 7-18-2000 by Ord. No. 6-3-2000. Amendments noted
where applicable.]
GENERAL REFERENCES
Land use administration — See Ch. 15.
Subdivision and site plan design standards — See Ch. 62.
Flood damage prevention — See Ch. 78.
Land use regulations — See Ch. 94.
Redevelopment plans — See Ch. 118A.
Subdivision of land — See Ch. 135.
Zoning — See Ch. 160.
Zoning modifications and additional requirements — See Ch. 161.
Whenever a term, word or phrase is used in this chapter and is defined in N.J.S.A. 40:55D-1 et seq., or in Chapter 160, Zoning, of this Code, such term, word or phrase is intended to have the meaning set forth in the definition of such term, word or phrase as found in said statute, or in this Code, unless a contrary intention is clearly expressed from the context of this chapter.
[Amended 3-8-2016 by Ord.
No. 6-2-2016]
A.
Prior to the issuance of any permit by the Construction Official
or the Zoning Officer of the Township for clearing, excavation, construction,
renovation, alteration or expansion of any building, structure, or
regulated use within any zoning district within the Township, site
plan approval for the proposed development must be obtained from the
Planning Board or Zoning Board of Adjustment, as the case may be,
if the proposed earthmoving, site work, building, structure, or use
affects drainage, parking layout, parking requirements, internal traffic
circulation, disturbance of existing buffer areas or buffer landscaping,
access to the street or highway, freestanding signage, or significant
changes to lighting. Site plan waiver; requirement for approval: The
reviewing board may waive site plan approval requirements if the construction
or alteration or change of occupancy or use does not affect circulation,
parking demands, drainage, relationships of buildings to each other,
landscaping, buffering, lighting and other considerations of site
plan review. In the event an application is filed for a waiver of
site plan review, sufficient information must be contained within
the application for the Board to grant any such approval.
[Amended 3-10-2021 by Ord. No. 13-3-2021]
B.
Site plan approval must also be obtained if any of the following
conditions are met. The determination as to whether any of these conditions
trigger the requirement for a site plan application shall be made
by the Township Manager or his/her designee prior to the issuance
of a zoning permit by the Zoning Officer.
C.
Site plan approval is not required for single-family detached dwellings
in residential zones, private swimming pools, private garages, or
other accessory buildings on single-family residential lots.
D.
Exceptions from § 127-2B(1) above:
(1)
A change of tenant or user for a conforming use, whether or not it
is the same use or a change of use, when the new tenant or user will
occupy 25% or less of the gross floor area (GFA) within a multitenant
shopping center, office building, or industrial building, or for a
single-use building that is less than 8,000 square feet, provided
that there are no other changes proposed to the approved site plan
and provided that the multitenant shopping center or building is at
least fifty-percent occupied (excluding the area subject to the application).
In this case, the zoning permit application will be reviewed by the
Township Manager or his/her designee prior to the issuance of same
by the Zoning Officer. The review will consider whether the current
site conditions are consistent with the approved site plan for the
property, as well as matters of public health, welfare, and safety.
(2)
If § 127-2D(1) is satisfied and the only site plan changes proposed relate to the updating of ADA parking and access requirements, repaving, lighting, landscaping, signage, trash enclosures, and/or facade alterations, and if the updating of the parking and access requirements will not create changes to the circulation patterns and will not reduce the total number of parking spaces on the site below the number required by the Zoning Ordinance, then the changes may be reviewed and approved administratively by the Department of Community Development, subject to such conditions as may be reasonably appropriate given the circumstances, prior to the issuance of a zoning permit by the Zoning Officer.
(3)
The exception in § 127-2D(1) does not apply if there is no approved site plan on file at the Township.
(4)
Within the C-3 Zoning District, when there is a change of tenant
or use for a conforming use, whether or not it is the same use or
a change of use and the building or space consists of 2,500 square
feet or less, provided that a current survey is provided with the
zoning permit application, together with a plan prepared by a professional
engineer. The plan must show any necessary site improvements such
as updating of ADA parking and access requirements, repaving, lighting,
landscaping, signage, trash enclosures, and/or facade alterations,
and must demonstrate that the revisions will not alter access from
the street or highway, and will not reduce the total number of parking
spaces on the site below the number required by a prior site plan
approval or by the zoning ordinance if there is no site plan on file.
In this case, the proposed change of use or change of tenant may be
reviewed and approved administratively by the Department of Community
Development, subject to such conditions as may be reasonably appropriate
given the circumstances, prior to the issuance of a zoning permit
by the Zoning Officer. If stormwater management review is required,
the applicant must make a site plan application.
(5)
The review of the zoning permit application in the instances above
shall relate to conformance with the existing approved site plan and
improvements necessary to advance public health, welfare, and safety.
(6)
In the event that the permittee fails to meet the conditions set
forth in the zoning permit, and in the further event that the Township
is required to intervene to install improvements, any costs incurred
by the Township in the implementation of the conditions or the construction
of improvements may be imposed as a lien on the subject property.
(7)
The cost for the administrative review by the Department of Community
Development shall be the responsibility of the applicant as set forth
in § 94-19B(4) for a minor site plan.
A.
The applicant shall, at least 20 days before the next regular meeting of the Board, submit 19 copies of the site plan to the administrative officer of the Board for a determination of completeness, as defined in Chapter 15, Land Use Administration, of this Code. The site plan shall be prepared and sealed by a registered New Jersey professional engineer and/or land surveyor and/or architect, as required by law.
B.
Such site plan shall be a true and accurate plot plan
drawn to scale of at least one inch equals 50 feet on a sheet 24 inches
by 36 inches, or in the case of areas of over 50 acres, the plot plan
may be drawn to a scale of at least one inch equals 100 feet with
sheet size 30 inches by 42 inches or 42 inches by 72 inches, showing:
(1)
The exact size, shape and location of existing and
proposed buildings.
(2)
The actual dimensional and area of each lot or parcel
to be built upon or yard dimensions.
(3)
Such other information as may be necessary to enable
the Board (or Minor Site Plan Review Committee) to determine whether
the proposed structure and use of the land will conform to all municipal
and county ordinances applicable thereto.
C.
The site plan shall also show:
(1)
The principal building and use proposed and its front
elevation.
(2)
The proposed height of the principal building.
(3)
The location and treatment of parking facilities (including
the total number of spaces).
(4)
The flow of circulation in driveways.
(5)
The proposed and existing grades and drainage with
all necessary elevations to determine grades.
(6)
The proposed sanitary sewer connection, method of
water supply, proposed plantings, proposed screening devices, exterior
illumination and all other utility lines and poles.
D.
The applicant shall also submit any other report,
data, information, documentation, etc., required by this Code.
E.
The Board has the prerogative of requesting any and
all additional information deemed necessary, or may waive the submission
of any of the requirements or details specified to be shown on the
site plan, in any given application if the Board determines that such
requirements or details are not necessary and that said site plans
still conform to the standards set forth in other sections hereof.
F.
Submission of application. Upon receipt of an application for a site plan approval, together with the required supporting documents and payment of the prescribed fee, the Secretary of the Board shall submit one copy each of the application and supporting documentation to the Board Engineer, Board Attorney, Board Planner and to the Board Traffic Consultant for a report thereon within 14 days to the Board. These reports shall comment on the completeness of the application in conformity with this article and whether the application is in compliance with all requirements of the applicable laws and ordinances. The Secretary of the Board shall also submit an informational copy of the application and plat to the Evesham Township Municipal Utilities Authority for appropriate report by that body. The Secretary of the Board shall also set down the application on the agenda of the Board meeting next following 20 days from the date of submission of the complete application, and shall advise the applicant of such date. In the event the Secretary of the Board determines that literal compliance with the time requirements of this subsection in the case of a site plan of 10 or fewer acres will cause the application to not be considered by the Board within 45 days of submission of the application, the Secretary of the Board shall so advise the Board at its next meeting, and the Board shall schedule a special meeting for consideration of the application within the forty-five-day period. The applicant, where required pursuant to N.J.S.A. 40:27-6.6, shall comply with the provisions of Chapter 135, Subdivision of Land, of this Code, as the same shall apply to a site plan.
The applicant shall submit, with the original submission of plans and application, a traffic study impact report prepared in accordance with the provisions of Article VI of Chapter 15, Land Use Administration, of this Code. Said report shall be reviewed and considered by the Board in accordance with the provisions of said Chapter 15, Article VI.
A.
The administration officer of the Board shall first determine that the application is complete in accordance with § 127-3. If an application for development is found to be incomplete, the developer shall be notified, in writing, of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the submission of such application or it shall be deemed to be properly submitted.
B.
The Planning Board shall take action on the site plan
at a public meeting of the Planning Board as follows:
(1)
If the application is for approval of a site plan
of 10 acres of land or less and 10 dwelling units or less, without
any variance(s), the Board shall grant or deny preliminary approval
within 45 days of the date of the submission of the complete application
or within such further time as may be consented to, in writing, by
the applicant.
(2)
If the application is for approval of a site plan
of more than 10 acres of land or more than 10 dwelling units, without
any variance(s), the Board shall grant or deny preliminary approval
within 95 days of the date of the submission of the complete application
or within such further time as may be consented to, in writing, by
the applicant.
(3)
Failure of the Board to act within the period prescribed
shall constitute preliminary site plan approval.
C.
Whenever the Board shall grant approval subject to
conditions, a notation shall be made on the plat indicating that "the
approval of the site plan is subject to conditions as set forth in
the minutes of the Board."
D.
In all cases, the recommendations of the Burlington
County Planning Board shall be given careful consideration in the
final decision of the Township Planning Board. If the County Planning
Board has approval authority pursuant to N.J.S.A. 40:27-12,[1] its action shall be noted on the plat, and, if disapproved,
two copies of the reasons for disapproval shall be returned with the
plat. If either the Township Board or County Planning Board disapproves
a plat, the reasons for disapproval shall be remedied prior to further
consideration. If approval is required by any other officer or public
body, the same procedure as applies to submission to and approval
by the County Planning Board shall apply.
[1]
Editor's Note: Repealed by L. 1968, c. 285.
Approval of the site plan shall be granted by
the Board upon its determination that the site plan complies with
all ordinances of Evesham Township, the Master Plan of Evesham Township
and all other official maps such as the Zoning Map, the Plan of Proposed
Right-of-Way Widths or others as may be in existence at the time of
the application, and with the following standards and regulations:
A.
The applicant shall submit a site plan containing
all of the information provided for in this article.
B.
The details of the site plan shall be in accordance with the design and construction standards of Evesham Township set forth in Chapter 62, Subdivision and Site Plan Design Standards, of this Code.
C.
All parking and traffic problems shall be kept at
a minimum.
D.
Soil and subsoil conditions shall be suitable for
excavation and site preparation.
E.
The topography of the site and its drainage shall
be suitable for the proposed development and designed to prevent flooding
and erosion.
F.
Natural features, such as lakes, streams, rock outcrops,
topsoil, trees and shrubs, shall be preserved where possible and incorporated
into the final landscaping.
G.
Skillful treatment of vegetation in the development
of sites shall be required.
H.
Trees shall be designated as approved by the Board or in accordance with standards set forth in Chapter 62, Subdivision and Site Plan Design Standards, of this Code.
I.
Seeding, sodding, or other planting shall be applied
to stabilize topsoil and enhance the appearance of open areas when
not wooded or naturally covered.
J.
Adequate provisions shall be made to prevent any drainage
problems, and, where adequate surface drainage is not possible or
advisable, a supplementary drainage system conforming to Township
standards and approved by the Township Engineer will be required.
K.
A landscaped buffer strip shall be established along lot lines which abut a residential district, as required in Chapter 160, Zoning, of this Code.
L.
All parking areas and access drives shall be surfaced
and drained in accordance with Township specifications.
M.
A maximum of two drives shall be permitted to provide
access to parking areas for each 150 feet of street frontage, except
that no such driveway shall be located closer than 100 feet to the
intersection of any street intersection.
N.
All drive openings shall be at least 24 feet but not
more than 40 feet in width.
O.
There shall be acceleration and deceleration lanes
as may be required by the Board.
P.
Parking lots shall be suitably landscaped both within
the lot and around the perimeter to enhance the appearance of the
total site. Trees shall be provided within the parking lots, as well
as landscape areas and dividers, in order to accomplish this objective.
At least one tree may be required within the parking lot for each
20 parking spaces approved by the Board.
Q.
Topsoil shall not be removed from the site during
construction but shall be stored and redistributed to areas most exposed
to view by occupants and the public, and such areas shall be seeded
or planted.
R.
Other standards and conditions pertaining to curbing,
driveways, parking areas, pedestrian walks, landscaping and planting
not otherwise specified herein may be attached as conditions by the
Board.
S.
Reasonable screening, at all seasons of the year,
of all playgrounds and parking and service areas, from the view of
adjacent properties and streets, including any company office or individual
office, shall be provided, where necessary, for the purpose of protecting
the health, safety, general welfare, comfort, and convenience of the
public.
T.
The location, intensity, power, direction and time
of any outdoor lighting shall not have an adverse effect upon any
properties in adjoining residential districts by impairing the established
character of potential use of properties in such districts.
U.
The use shall not be detrimental to the public good
and will not substantially impair the intent and purpose of all applicable
ordinances of the Township, including this chapter.
V.
The proposed construction submitted for site plan
approval must be completed in all respects, as provided for hereinabove,
within two years from the date of final approval of the site plan
by the Planning Board, or as otherwise directed by the Planning Board.
Failure of the applicant to complete construction within such period
will nullify and void the site approval heretofore granted for the
premises as if no site approval had ever been granted for the plans,
and said applicant will be in violation of this article if any construction
or excavation is undertaken or continued after the expiration of the
approval.
W.
Fire hydrant size, type and locations shall be reviewed
by the Evesham Township Bureau of Fire.
X.
Parking in any congested areas shall be subject to
review and regulation by the Evesham Township Bureau of Fire.
Y.
All plans shall be submitted for review to the Evesham
Township Bureau of Fire for a recommendation in writing to the Board,
for consideration and incorporation in the preliminary and/or final
approval.
A.
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by § 127-6 and the conditions of preliminary approval.
B.
Final approval shall be granted or denied within 45
days after submission of a complete application to the Board Secretary
or within such further time as may be consented to in writing by the
applicant. Failure of the Board to act within the period prescribed
shall constitute final approval, and a certificate of the Secretary
as to the failure of the Planning Board 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.
(1)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.6, the Board
shall condition any approval that 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.
(2)
Whenever the Board shall grant approval subject to
conditions, a notation shall be made on the plat indicating that "the
approval of the site plan is subject to conditions as set forth in
the minutes of the Board."
C.
Any condition of final approval imposed by the Board
that requires action by the Township Council shall be so designated
in the final approval. It shall be the responsibility of that applicant
to request appropriate action by the Township Council in a timely
fashion. This provision shall apply to creation of easements, traffic
regulations, dedication and any other conditions which must be enacted
by Township Council.
D.
Except as allowed by N.J.S.A. 40:55D-52, the zoning requirements applicable to the preliminary approval first granted, and all other rights conferred upon the applicant pursuant to § 127-6, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the applicant has followed the standards prescribed for final approval, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions.
E.
Notwithstanding any other provisions of this article,
the granting of final approval terminates the time period of preliminary
site plan approval. For provisions with respect to site plans for
50 acres or more, see N.J.S.A. 40:55D-52.
A.
The Board shall require the posting of performance and maintenance guarantees as set forth in Chapter 94, Land Use Regulations, of this Code.
B.
As an optional procedure, the developer may elect to delay the posting of the performance guaranty required in Subsection A above until such time as the developer shall request the first certificate of occupancy, in which event the developer shall execute a written agreement (in both form and content satisfactory to the Township Solicitor) providing that the developer shall refrain from requesting a certificate of occupancy until either the site plan improvements have been completed in toto and inspected and approved by the Township Engineer, or, in the alternative, the developer has posted a performance guaranty as set forth in Subsection A above. In the event that the subject site plan should pertain to multiple structures, no certificate of occupancy may be issued for any structure until all of the improvements relating to all of the structures have been completed, inspected, and approved by the Township Engineer or, in the alternative, a performance guaranty has been posted respecting all such improvements in the manner described in Subsection A above.
At the time of the submission of the preliminary and final site plan, the applicant shall pay an application fee and shall deposit the review escrows required by Chapter 94, Land Use Regulations, of this Code. Prior to commencement of construction or as a condition of final approval, the applicant shall deposit, in escrow, the professional inspection funds required by Chapter 94, Land Use Regulations, of this Code.
A public hearing shall be required on all preliminary site plan applications, except minor site plans. A public hearing shall not be required for final site plan applications. Public notice of a required hearing shall be given in the manner prescribed in Chapter 15, Land Use Administration.
In the Pinelands Area of Evesham Township, all applications for development approval reviewed under this article shall comply with the development standards of Chapter 160, Zoning, of the Code of the Township of Evesham and also shall comply with the review procedures of Chapter 15, Land Use Administration, of the Code of Evesham Township.
A.
Qualifications. An application will be reviewed as a minor site plan in the event that it requires plan approval pursuant to § 127-2 and in the event that it meets the following criteria:
(1)
There shall be no additions in curb cuts.
(2)
The paving increase is less than 10% more than the
existing area.
(3)
The site shall be surrounded by the similar or more
intense land uses.
(4)
Additions to an existing building shall be less than
25% of the total usable floor area of the existing building.
(5)
There shall be a disturbance of less than 5,000 square
feet of ground area.
B.
Requirements. All applicants for a minor site plan
shall submit the following:
(1)
Project description.
(2)
Ten copies of plans.
(3)
Escrow and filing fees in accordance with this Code.
(4)
Name of applicant, name of owner, name of preparer
of plan, date of plan, block and lot number, scale of plan (which
scale must be clearly discernible).
(5)
Landscaping plan.
(6)
Environmental impact data, which shall include information
with respect to the following:
(a)
On-site septic location, when last cleaned,
capacity and whether an increase in use is anticipated.
(b)
Groundwater, if on septic or if any underground
storage tank facilities are present on the site.
(c)
Potable water shall be tested for coliform and
nitrates if on a septic system.
(d)
Any major change in drainage patterns.
(e)
Solid waste produced from the subject application.
(f)
Stormwater calculations, if there shall be additional
impervious coverage.
(g)
Noise or air quality, where applicable.
C.
Approval of minor site plan applications shall be
in one stage rather than requiring preliminary and final approval.
