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. 
Definitions. The following definitions shall have the meanings indicated:
APPLICANT
A developer submitting an application for development.
BOARD
Either the Planing Board or Zoning Board of Adjustment, pursuant to N.J.S.A. 40:55D-23 or 40:55D-69, respectively.
CONDITIONAL USE
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.
CONSERVATION DISTRICT
Environmentally sensitive land identified pursuant to Chapter 154, Environmental Impact Statements, and delineated in accordance with § 400-25, Conservation Districts, of the Code of the Borough of Gibbsboro.
DEVELOPER
See definition in § 400-3 of the Borough Code.[1]
DEVELOPMENT
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.
GENERAL DEVELOPMENT PLAN
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.
PERSON
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.
PLANNED UNIT DEVELOPMENT
See definition in § 400-3 of the Borough Code.[2]
SITE PLAN
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.
SITE PLAN, MAJOR
Any site plan not meeting the definition of a minor site plan.
SITE PLAN, MINOR
A site plan of one or more lots which:
(1) 
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.
(2) 
Does not disturb more than 5,000 square feet of land area.
(3) 
Requires 10 or fewer off-street parking spaces.
(4) 
Is not a planned development as defined by N.J.S.A. 40:55D-1 et seq.
(5) 
Does not involve the extension of any new street or off-tract improvement.
(6) 
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.
STEEP SLOPES
See definition in § 400-3 of the Borough Code.[3]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
(7) 
Signs. Signs shall be evaluated for the aesthetics of their design and their harmony with other signs on and off site. The location of signs shall be reviewed for the purpose of removing any hazard to pedestrians or vehicles.[1]
[1]
Editor's Note: See also Ch. 318, Signs.
(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.
(2) 
Accessory buildings as otherwise permitted for Subsection B(1) uses.
(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:
(a) 
Will not result in additional lot coverage whether by buildings or site improvements.
(b) 
Will not increase the number of required off-street parking or loading spaces.
(c) 
Will conform to the maximum and minimum standards as set forth in Chapter 400, Zoning.
(d) 
Is not proposed in conjunction with a use requiring a conditional use permit.
(5) 
The provisions of this section shall not limit the requirements for submission and approval of subdivisions as otherwise required by Chapter 358, Subdivision of Land, of the Code of the Borough of Gibbsboro.
(6) 
Signs in accordance with § 318-6, Signs exempt from permits, as amended by Ordinance No. 2021-16.
[Added 12-8-2021 by Ord. No. 2021-15]
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.