A.
Submission.
[Amended 9-22-1988 by Ord. No. 6-13-88; 4-3-2014 by Ord. No. 18-04-2014; 10-1-2015 by Ord. No. 18-12-2015]
(1)
A preliminary site plan and accompanying engineering and architectural documents shall be submitted for each of the following:
[Amended 12-7-2017 by Ord. No. 19-15-2017]
(a)
All new nonresidential development proposals;
(b)
All proposals for modifications to the footprint of structures used in an existing or proposed nonresidential use;
(c)
All proposals for any modification or change to the exterior conditions, including, but not limited to, changes in impervious coverage, grade, cut and/or fill, and lighting, at any property on which a nonresidential use is operated or proposed to be operated;
(d)
For all properties upon which a nonresidential use is conducted, and for which no approved site plan is on file with the Township, whenever there is a change in ownership or a change of occupancy for the nonresidential use; and
(e)
Except as provided in § 132-110A(2) below, any change in the nonresidential use of a property (for example, a change in use from a fabricating business to a warehouse/storage business).
(2)
In the event that there is a change in use in a nonresidential property, the developer may, in lieu of submitting a full site plan application, submit an application for site plan exemption on the appropriate form and accompanied by a copy of the most recent site plan on file and which received approval from the Planning Board or Board of Adjustment, a proposed floor plan for the new use, and the applicable application, and escrow fees. A site plan exemption shall be granted for a change in use only if the following criteria are satisfied:
(a)
The prior use had received site plan approval and no unapproved deviations from that site plan approval have occurred;
(b)
The developer provides proof that all real estate taxes on the property are current;
(c)
The developer provides a certification that there are no anticipated or planned improvements and/or changes to the existing building or property. For purposes of this requirement, changes that are strictly cosmetic in nature, interior changes that do not result in any change to the size or footprint of the existing building and changes to the signage for the use shall not be considered to be improvements or changes to the building;
(d)
The change in use does not result in any increase in water consumption, septic demand or the number of required off-street parking spaces or off-street loading requirements; and
(e)
The use is a use permitted by the portion of the Zoning Ordinance applicable to the zoning district in which the property is situated as evidenced by a zoning permit issued by the Township's Zoning Officer.
(3)
If the submission of the developer is found to be incomplete, the developer shall be notified thereof within 45 days of submission of the application and accompanying documents, or it shall be deemed to be properly submitted.
B.
Time for decision.
(1)
Upon the submission to the Municipal Clerk of a complete application for a preliminary site plan for 10 acres of land or less, and 10 dwelling units or fewer, the Planning 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.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
(2)
Upon the submission of a complete application for a preliminary site plan for more than 10 acres, or more than 10 dwelling units, the Planning 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 Planning Board shall be deemed to have granted preliminary approval of the site plan.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
(3)
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer than have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application.
C.
Decision.
(1)
The Planning Board shall, if the proposed development complies with the requirements of this chapter, grant preliminary site plan approval.
(2)
If the site plan is denied, the reasons for denial shall be stated upon the records of the Planning Board.
(3)
The Planning Board, acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval in this chapter if the literal enforcement of one or more provisions of the chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question.
(4)
If the Planning Board acts favorably on the preliminary site plan, the Chairman and Secretary will affix their signatures on the site plan.
D.
Effect of preliminary approval. Preliminary approval of a site plan shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval:
(1)
That the general terms and conditions on which preliminary approval was granted shall not be changed.
(2)
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 site plan.
(3)
That the Planning 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.
(4)
The Planning Board may grant all of the above rights for a period of time longer than three years for a site plan with an area of 50 acres or more. Such length of time shall take into consideration the number of dwelling units and/or nonresidential floor area or number of structures, the economic conditions and the comprehensiveness of the development among others. The Planning Board may grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board and for the same reason stated above.
E.
Filing. The Secretary of the Planning Board shall certify two full sets, on each page, with an appropriate stamp showing date of approval, file number, Chairman's signature and Secretary's signature. One set shall be given to the applicant, and one set shall be retained in the official files of the Planning Board.
F.
Preliminary site plan general requirements. Each site plan submitted to the Municipal Clerk shall provide for the following:
(1)
The layout of the land development shall be consistent with the Municipal Zoning Ordinance.
(2)
Streets within the land development shall be of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings and coordinated so as to compose a convenient system consistent with the circulation element of the Master Plan. No street shall be required of a width greater than 50 feet within the right-of-way lines unless said street constitutes an extension of an existing street of a greater width or already has been shown on the Master Plan at a greater width.
(3)
Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants.
(4)
Any area reserved for public use shall be of suitable size, shape and location to serve its intended purpose.
(5)
Any open space to be set aside as a part of a residential cluster permitted by this chapter shall comply with those provisions and as provided for by N.J.S.A. 40:55D-1 et seq.
(6)
Adequate protection and conservation of soils through the submission of an erosion and sedimentation control plan pursuant to Chapter 103 of the Code of Kingwood Township.
(7)
Standards for the grading, improvement and construction of streets or driveways and for any required walkways, curbs, gutters, streetlights, fire hydrants and water, drainage, sewerage facilities and other improvements found necessary shall be as provided to the developer by the Township Engineer. Where certain utilities to be installed are under other governmental or authority jurisdictions, the standards shall be provided by those jurisdictions and shall be adhered to by the developer. A letter approving the proposed installation and a statement as to who will carry out the construction shall be required.
(8)
Any off-tract water, sewer, drainage or street improvement required as a result of land development shall be paid for by the developer on a pro rata basis. Said costs shall be determined by proportioning said benefit to the site in relation to the benefit of an entire area being served.
(9)
All taxes and assessments against the site shall be paid prior to any preliminary approval.
(11)
All site plans shall be subject to the requirements and development restrictions governing steep slopes and stormwater management set forth in Chapter 115, Subdivision of Land, specifically, §§ 115-3, 115-6.2 and 115-11, and Chapter 114, Steep Slope Conservation, which are incorporated herein by reference.
[Added 7-19-1999 by Ord. No. 10-10-99; amended 11-4-2021 by Ord. No. 21-20-2021]
G.
Preliminary site plan details. Site plan details are primarily for the use of the Planning Board to establish criteria required to make decisions and recommendations. The following documents shall be provided for a preliminary site plan review. In some circumstances, additional information beyond these may be required of the applicant. If so, these shall be carefully indicated by the Planning Board as early in the proceedings as possible for the orderly presentation of the application for approval. Surveys, the general plan, grading and utility plans, landscaping plans, architectural plans and elevations may be indicated on separate drawings and documents. The plats shall all be presented in an orientation to the reader that is consistent, i.e., the North arrow shall be pointing in the same direction on each sheet. All plats shall contain an appropriate legend on each sheet identifying the specialized markings utilized on that sheet.
[Amended 7-19-1999 by Ord. No. 10-10-1999; 8-1-2006 by Ord. No. 13-28-2006]
(1)
Give title, key map location of development and the name and address of the record owner and/or development applicant and site planner preparing the site development plan. The key map shall show the site and its relation to the surrounding area, streets, and highways and zone district boundaries and identify the area streets by name. The key map shall be presented at a graphic scale equal to the Kingwood Township Tax Map or Official Map and shall show the following information in a clear and legible form:
(a)
The relationship of the property to the primary and secondary highway system and main intersections;
(b)
Boundary lines, building zone districts, special districts and municipal areas;
(c)
Map match lines as needed when there are two or more drawings to show the complete site;
(d)
The plat area being submitted for approval shall be shaded if it is only one section of entire site;
(e)
Site boundary line (heavy solid line) and survey data; and
(f)
Boundaries of adjacent properties and property owners' names.
(2)
Indicate proposed use or uses of the land and buildings.
(3)
Site plans should be presented at a scale no smaller than one inch equals 50 feet nor larger than one inch equals 20 feet; size of sheets should not exceed 36 inches by 24 inches.
(4)
Give scale and graphic scale.
(5)
Give North arrow with reference meridian on all sheets.
(6)
Submit a survey of the property prepared by a licensed surveyor or engineer of New Jersey showing boundaries of properties, line of all existing streets and roads, easements, rights-of-way and areas dedicated to public use within 200 feet of the development. Also indicate on this sheet the North arrow, scale feet and graphic scale, name and address and professional license number and seal of the person who prepared the survey.
(7)
Give the names of all owners of record of all adjacent properties with lot and block numbers, parcel numbers and Tax Map numbers within 200 feet of the property.
(8)
Show existing and proposed buildings with dimensions showing, with first floor elevation, present and finished grade elevations at all corners and entrances. Present buildings and structures to be removed are to be indicated.
(9)
Submit a topographic map to delineate existing contours at two-foot intervals, up to 10 feet beyond property lines, as well as proposed grading and contours, wooded areas, trees (where six inches or greater in diameter), floodplains, ponds, streams and drainage ditches, etc., provided that larger intervals may be used after approval by the Township Engineer.
(10)
Indicate the location of all existing and proposed structures, i.e., walls, fences, culverts, bridges, roadways, etc., with grade elevations for each structure.
(11)
Indicate existing zones of the development site and of any different zones within 200 feet of the property.
(12)
The distance of the property line (measured along the center line of existing streets abutting the property) to the nearest intersection.
(13)
Show the boundaries of the property, building and setback lines, lines of existing streets, lots, reservations, easements and areas dedicated to public use.
(14)
Indicate locations of all utility structures and lines, existing and proposed stormwater drainage on-site and on-tract and from buildings and structures, as well as telephone, power and light, water, hydrant locations, sewer, gas, etc., whether privately or publicly owned, with manholes, inlets, pipe sizes, grades, inverts and directions of flow.
(15)
Show location, size and nature of the entire lot or lots in question, of contiguous lots owned by the applicant or owner of record or in which the applicant has a direct interest even though only a portion of the entire property is involved in site plan development. Provide on a key map, if necessary.
(16)
Show all proposed easements and public and community areas.
(17)
Indicate all means of vehicular ingress and egress to and from the site onto public streets, showing the size and location of driveways, curb cuts and curbing, sight lines and radii.
(18)
Show location and design of off-street parking areas, showing their size and the locations of internal circulation, traffic patterns, parking space, aisles, driveways, curbing, barriers and wearing surface finishes and construction.
(19)
Show location, arrangement and dimensions of truck loading and unloading platforms and docks.
(20)
Indicate provisions for refuse and garbage disposal and ensure that areas are not exposed to view, are nonpolluting, covered from weather and are secure from vandalism.
(21)
Show provisions for screening storage of equipment, attached or separate from buildings.
(22)
Indicate all existing or proposed exterior lighting (freestanding and/or on a building) for size, nature of construction, lumens, heights, area and direction of illumination and footcandles produced, as well as time controls proposed for outdoor lighting and display.
(23)
Note all existing and proposed signs and their sizes, nature of construction and location, height and orientation, including all identification signs, traffic directional signs and arrows, freestanding and facade signs and time control for sign lighting, if any.
(24)
Indicate locations, dimensions and construction of off-site sidewalks, on-site walks and sidewalks. Provision should be made for pedestrian safety, access ways and, where necessary, a bicycle system and racking.
(25)
Show proposed screening, green areas, landscaping and fencing, including a planting plan and schedule (sizes, types and numbers).
(26)
Show improvements to adjoining streets and roads and traffic control devices necessary in streets or highways. Acceleration and deceleration lanes, paving, land dedication or acquisition for roads should be shown.
(27)
Copies of any covenants and deed restrictions intended to cover any of the development site should be submitted.
(28)
Submit elevations, sketches, renderings or pictures of any new buildings or structures.
(29)
Preliminary architectural floor plans and elevations should be submitted with the name, address, professional number and seal of the architect.
(30)
Supply appropriate places for signatures and date of approval of the Chairman and Secretary of the Planning Board and the Township Engineer.
(31)
In fire prevention, consideration must be shown for service lines, hydrants, Siamese connections, automatic sprinkler systems, fire zones, no-parking fire zones and pavement and wall signs.
(32)
Show dimensions of all of the above on the site plan so that scaling will not be necessary.
(33)
Show steep slope analysis as required by §§ 132-110F(11) and Chapter 114, Steep Slope Conservation.
[Added 7-19-1999 by Ord. No. 10-10-99; amended 11-4-2021 by Ord. No. 21-20-2021]
(34)
Supply stormwater management plan, and supporting calculations, which demonstrates compliance with §§ 132-110F(11) and 115-11E.
[Added 7-19-1999 by Ord. No. 10-10-99]
H.
Every development application shall be subject to review and approval by the Kingwood Township Fire Company as to the adequacy of fire protection features. Any approval granted by the Planning Board shall be conditioned upon compliance with the requirements and/or recommendations of the Kingwood Township Fire Company with respect to the extent and location of fire protection features required.
[Added 4-3-2007 by Ord. No. 14-05-2007]
I.
Any site plan application for development that proposes any combination of disturbance of and/or new impervious coverage for more than 1/4 acre of land shall comply with the Environmental Impact Analysis and Threatened and Endangered Species Survey requirements of §§ 115-6.6 and 6.7 of the Kingwood Township Code.
[Added 2-7-2013 by Ord. No. 17-02-2013]