[HISTORY: Adopted by the Mayor and Council
of the Borough of Hamburg 7-24-1978, as amended through 1-8-1979. Subsequent amendments noted where applicable.]
This chapter shall be known as and may be cited
as the "Site Plan Review Ordinance of the Borough of Hamburg."
As used in this chapter, the following terms
shall have the following meanings, unless the context clearly indicates
a different meaning:
A developer submitting an application for site plan review.
PRELIMINARY SITE PLAN APPROVALIndicates that the preliminary site plan as submitted meets all requirements of applicable municipal ordinances and confers upon the applicant all of the benefits provided for in N.J.S.A. 40:55D-49.
FINAL SITE PLAN APPROVALThe approval required prior to issuance of a building permit or other permit authorizing the development of land, pursuant to N.J.S.A. 40:55D-52.
Calendar days.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development including the
holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvement required by this
act.
Not located on the property which is the subject of a development
application nor on contiguous portions of a street or right-of-way.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Security which may be accepted in lieu of a requirement that
certain improvements be made before the reviewing board approves a
site plan; including performance bonds, escrow agreements, cash, and
other similar collateral or surety agreements.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating, in a schematic form,
its scope, scale and relationship to its site and immediate environs.
The Planning Board or Board of Adjustment, whichever board
has jurisdiction over the particular application.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways;
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices, as required by site plan detail sections of this
chapter; and
Any other information that may be reasonably
required in order to make an informed determination pursuant to an
ordinance requiring review and approval of site plans by the Planning
Board.
A.
Review required before change of use. Site plan review
and approval shall be required before any change of use, or before
any excavation, removal of soil, clearing of a site or placing of
any fill on lands contemplated for development, and, except as hereinafter
provided, no building permit shall be issued for any building or use,
or reduction or enlargement in size or other alteration of any building
or change in use of any building, including accessory structures,
unless a site plan is first submitted and approved by the reviewing
board and no certificate of occupancy shall be given unless all construction
and development conform to the plans as approved by the reviewing
board.
B.
When review not required. Site plan approval shall
not be required for any detached one- or two-dwelling-unit buildings
or any uses accessory thereto, such as a private garage or storage
shed incidental to residential uses; but this shall not limit the
requirements for submission and approval of subdivision plats as otherwise
required by municipal ordinances.
C.
Site plan review may be waived. The reviewing board
may waive site plan approval requirements if the construction or alteration
or change of occupancy or use does not affect existing circulation,
drainage, relationship of buildings to each other, landscaping, buffering,
lighting and other considerations of site plan review.
In reviewing any site plan, the board shall
consider:
A.
Circulation of traffic.
(1)
Pedestrian and vehicular traffic movement within and
adjacent to the site with particular emphasis on the provision and
layout of parking areas, off-street loading and unloading, movement
of people, goods and vehicles from access roads within the site, between
buildings and between buildings and vehicles.
(2)
The Planning 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.
B.
Aesthetic and efficient design and layout. 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 on surrounding development and contiguous and adjacent buildings
and lands.
C.
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 Planning Board. Directional
lights shall be arranged so as to minimize glare and reflection and
ambient light on adjacent properties.
D.
Buffering. Buffering shall be located around the perimeter
of the site to minimize headlights of vehicles, noise, light from
structures, the movement of people and vehicles, and to shield activities
from adjacent properties when necessary. Buffering may consist of
fencing, evergreens, shrubs, bushes, deciduous trees or combinations
thereof to achieve the stated objectives.
E.
Landscaping. Landscaping shall be provided as part
of the overall site plan design and integrated into building arrangements,
topography, parking and buffering requirements. Landscaping shall
include trees, bushes, shrubs, ground cover, perennials, annuals,
plants, sculpture, art and the use of building and paving materials
in an imaginative manner.
F.
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.
G.
Utilities reviewed. Storm drainage, sanitary waste
disposal, water supply and garbage disposal shall be reviewed and
considered. Particular emphasis shall be given to the adequacy of
existing systems, and the need for improvements, both on-site and
off-site, to adequately carry runoff and sewage, and to maintain an
adequate supply of water at sufficient pressure.
H.
Garbage disposal. Garbage disposal shall be adequate
to ensure freedom from vermin and rodent infestation. All disposal
systems shall meet municipal specifications as to installation and
construction.
I.
Environmental impact. Environmental elements relating
to soil erosion, preservation of trees, protection of watercourses
and resources, noise, topography, soil and animal life shall be reviewed
and the design of the plan shall minimize any adverse impact on these
elements.
J.
Other information. Such other information as the reviewing
board shall deem necessary in order for it to make a determination
pursuant to statutes and ordinances.
A complete application for preliminary approval
shall consist of the following:
A.
Submission to Secretary. At least 16 copies of a site plan together with three completed application forms for preliminary approval together with all other items hereinafter required shall be submitted to the Secretary 30 days prior to the meeting of the reviewing board at which consideration is required. The application shall be filed in accordance with the requirements of Chapter 28, Land Use Procedures. If the applicant is not the record owner of title to the property which is the subject of the application, he/she shall file a written consent signed by the owner authorizing the application.
[Amended 8-3-2009 by Ord.
No. 09-2009]
B.
Fees. The application shall be accompanied by the
required fees calculated in accordance with provisions of this chapter.
C.
Details. The site plan shall include the following
details:
(1)
Title, key map location of development and the names
and addresses of record owner and applicant and person or firm preparing
the site development plan.
(2)
Proposed use or uses of the land and buildings.
(3)
Scale no smaller than one inch equals 100 feet nor
larger than one inch equals 20 feet; size of sheets should not exceed
36 inches by 24 inches.
(4)
Scale and graphic scale.
(5)
North arrow and same direction on all sheets.
(6)
Survey data of the property shall be prepared, certified
and sealed by licensed land surveyor of New Jersey, and shall include
boundaries of properties, proposed monuments, lines of all existing
streets and roads, easements, rights-of-way and areas dedicated to
public use within 200 feet of the property.
(7)
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.
(8)
Topographic maps to delineate existing and proposed
contours at two-foot intervals, except where the slope exceeds 5%,
in which case contour intervals may be 10 feet.
(9)
Designation of all wooded area, including individual
trees which are six inches or greater in diameter, floodplains, ponds,
streams, drainage ditches, and all areas where the seasonal water
table is zero feet from surface.
(10)
Location of all existing and proposed structures
including but not limited to walls, fences, culverts, bridges and
roadways.
(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)
The boundaries of the property, building and
setback lines, lines of existing streets, lots, reservations, easements
in areas dedicated to public use.
(14)
Locations of all utility structures and lines,
existing and proposed stormwater drainage, telephone and power and
light, water, hydrant location, sewer and gas lines, including manholes
in lengths, pipe sizes, grades, inverts and directions of flood.
(15)
All proposed easements.
(16)
All means of vehicular access onto public streets
showing the size and location of driveways, curb cuts and curbing,
sight lines and radii.
(17)
Location and design of off-street parking areas,
showing the size and location of traffic patterns, individual parking
spaces, aisles, driveways, curbing, barriers and construction.
(18)
Location, arrangement and dimensions of loading
and unloading platforms and docks.
(19)
Provisions for refuse and garbage disposal,
including provisions for visual screening, pollution control, protection
from weather and security from vandalism.
(20)
Provisions for screening storage of materials
or equipment attached or separate from buildings.
(21)
All existing or proposed exterior lighting,
including size, nature of construction, height, area and direction
of illumination, footcandles produced and any time controls which
are proposed.
(22)
All existing and proposed signs showing their
size, nature of construction and location, height and orientation,
whether they are identification signs or traffic control signs and
time control for sign lighting, if any.
(23)
Locations, dimensions and construction of sidewalks.
(24)
Proposed screening, green areas, landscaping
and fencing, including size, type and number of plants and a planting
schedule with planting details.
(25)
Any improvements to adjoining streets and roads
and traffic control devices necessary in streets or highways, acceleration
and deceleration lanes, paving and land dedication or acquisition
for roads.
(26)
Copies of any covenants and deed restrictions
intended to cover any of the development sites.
(27)
Elevation sketches, renderings or pictures of
any new buildings or structures.
(28)
Preliminary architectural floor plans and elevations
with the name, address, professional number and seal of the architect.
(29)
All municipal boundaries within 200 feet.
(30)
A designation of whether roadways are municipal,
county or state.
(31)
Appropriate blanks for signatures and date of
approval of the Chair and Secretary of the reviewing board and the
Municipal Engineer.
(32)
Dimensions of all of the above on the site plan
so that scaling will not be necessary.
(33)
A soil erosion and sedimentation control plan
pursuant to the requirements of N.J.S.A. 4:24-39 et seq.
(34)
Surveys, a general plan, grading and utility
plans, landscaping plans, architectural plans and elevations may be
indicated on separate drawings and documents.
D.
Submittal to County Planning Board. All applications
for site plan approval shall be submitted to the County Planning Board
for its review and recommendations, and where applicable, approval.
Applicant shall furnish proof of such submission at the time of the
submission of his/her application to the municipal reviewing board
by presenting a copy of his/her site plan with an indication from
the county that it has been filed with them. Any application for site
approval shall not be deemed complete in the absence of proof that
it has been filed with the County Planning Board. If the County Planning
Board has failed to grant or deny approval of the site plan at the
time of preliminary approval of applicant's application, such preliminary
approval shall be conditioned on approval of said site plan by the
County Planning Board.
E.
Where Department of Transportation approval is required.
Where the development requires the establishment of access to a state
road, applicant shall furnish driveway permits evidencing Department
of Transportation approval of same.
F.
Notification of hearing. The applicant shall notify all persons entitled to notice of the hearing on the application in accordance with the provisions of Chapter 28, Land Use Procedures, N.J.S.A. 40:55D-12 and this chapter. If the reviewing board requires any substantial amendment in the site plan proposed by the developer that has already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for developing, including the giving of notice in accordance with the provisions of N.J.S.A. 40:55D-12.
G.
Erosion plan to be certified. No application for site
plan approval shall be deemed complete in the absence of proof that
a plan for soil erosion and sedimentation control has been submitted
to the relevant reviewing authority, pursuant to the requirements
of N.J.S.A. 4:24-39 et seq., or proof that such a plan is not required
by said statute for the particular application. If the reviewing authority
has failed to grant or deny certification of the erosion plan at the
time of preliminary approval of applicant's site plan, preliminary
approval shall be conditioned on certification of applicant's erosion
plan.
A complete application for final approval shall
consist of the following:
A.
Submission to Secretary. At least 16 copies of a final plan together with three completed application forms for final approval together with all other items hereinafter required shall be submitted to the Secretary 30 days prior to the meeting of the reviewing board at which consideration is required. The application shall be filed in accordance with the requirements of Chapter 28, Land Use Procedures. If the applicant is not the record owner of title to the property which is the subject of the application, he/she shall file a written consent signed by the owner authorizing the application.
[Amended 8-3-2009 by Ord.
No. 09-2009]
B.
Fees. The application shall be accompanied by the
required fees calculated in accordance with provisions of this chapter.
C.
Form of final site plan. A site plan in final form,
including all the information shown on the preliminary plan, condition
of preliminary approval, plus the following:
(1)
Final architectural plans and elevations.
(2)
A letter containing a list of all items to be covered
by a performance guaranty, the quantities of each item, the cost of
them and the total amount of all items.
(3)
A letter from the Borough Engineer stating that any
completed improvements have been installed to his/her specifications
and its performance guaranty is adequate to cover the cost of any
remaining improvements.
(4)
A letter from the applicant's engineer stating that
the final plan conforms to the preliminary plan as submitted and approved.
(5)
In addition to the fees required above, the developer
shall also pay all reasonably necessary inspection fees in connection
with the construction of any improvements required under this chapter,
as may, from time to time, be established by resolution of the governing
body. Such fee shall be paid to the Borough Engineer or other inspecting
official unless otherwise directed by the reviewing board.
D.
May be submitted in stages.
(1)
The developer may at his/her option submit a final
site plan in stages to include only a portion of the original preliminary
site plan. Approval of the final site plan for a section shall not
extend the time limit of preliminary approval for the remaining sections.
(2)
The reviewing board shall ensure that any improvements
required for the site plan as a whole, which might have an adverse
effect on an approved section if the remaining sections were not completed,
shall be installed as a condition of approval for any section. This
shall include but not be limited to open space, recreation, soil and
erosion control and similar improvements.
Each site plan shall provide for the following:
B.
Safe and efficient vehicular and pedestrian circulation.
C.
Off-street parking and loading.
D.
Adequate screening and landscaping, and appropriate
location of structures.
E.
Exterior lighting for safety reasons, in addition
to adequate streetlighting.
F.
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 fire-fighting and emergency equipment
to buildings and shall be 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 line 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.
G.
Adequate water supply, drainage, shade trees, sewage
facilities and other utilities necessary for essential service to
residents and occupants.
H.
Any area reserved for public use shall be of suitable
size, shape and location to serve its intended purposes.
I.
Any open space to be set aside as part of a residential
cluster shall comply with those provisions and as provided for by
N.J.S.A. 40:55D-1 et seq.
J.
No development shall take place in a delineated floodway
area, and shall be permitted in a delineated flood fringe area only
where it is determined by the Borough Engineer that the first-floor
elevation will be above the flood level, and that construction and
landfilling will not significantly increase flooding in other areas.
K.
Adequate protection and conservation of soils through
the submission of an erosion and sedimentation control plan approved
by the appropriate authority for all site plans that will result in
disturbance of 5,000 square feet of land or more.
L.
Standards for the grading, improvement and construction
of streets or driveways and for any required walkways, curbs, gutters,
streetlights, fire hydrants and water, drainage, sewage facilities
and other improvements found necessary shall be as provided to the
developer by the Borough Engineer. Where certain utilities to be installed
are under other governmental authority or jurisdiction, the standards
shall be provided by those jurisdictions and shall be adhered to by
the developer. A letter approving the proposed installations and a
statement as to who will carry out the construction shall be required.
M.
Any off-tract water, sewer, drainage or street improvements required as a result of land development shall be paid for by the developer on a pro-rata basis as determined by the reviewing board. Said costs shall be determined by proportioning said benefit to the site in relation to the benefit of the entire area being served, as specified in the standards set forth in Chapter 186, Subdivision of Land.
N.
All taxes and assessments against the site shall be
paid prior to any preliminary approval.
A.
In order that the reviewing board may assess the impact
of a proposed development upon the natural environment, particularly
with respect to potable water, pollution of all kinds, flooding and
waste disposal, the application for site plan review shall be accompanied
by an environmental impact statement which shall contain information
and analysis covering the items hereinafter set forth. The reviewing
board, as part of its plan review procedures, shall take into consideration
the effect of the applicant's proposal upon all aspects of the environment,
including but not limited to sewage disposal, water quality, water
supply, soil erosion, preservation of trees and vegetation, protection
of watercourses, protection of air resources and protection of aquifers,
and the presence of any nuisance factors. The reviewing board shall
not approve any submission hereunder unless it determines and finds
that the proposed development:
(1)
Will not result in appreciable harmful effects to
the natural environment;
(2)
Has been designed and conceived with a view toward
the protection of natural resources; and
(3)
Will not place a disproportionate or excessive demand
upon the total resources available for such proposal and for any future
proposals.
B.
The reviewing board may, upon application and for
good cause, waive the requirement for an environmental impact statement,
or portions thereof, or for any of the specific requirements relating
thereto as set forth in the section. The board, however, shall have
the right to require any portions of the environmental impact statement
that it deems necessary in order to render its decision.
C.
The environmental impact statement shall cover the
following:
(1)
Description of development. The contours, buildings,
roads, paved areas, proposed grading or regrading, existence of natural
streams and the relationship of the premises to surrounding properties
and existing utility lines shall be described.
(2)
Sewage facilities. It must be shown that either there
will be no sewage runoff from the site of the proposed development,
or that sewage can be disposed of through facilities adequate to preclude
water pollution.
(a)
Compliance with state and Borough board of health
regulations.
(b)
If disposal is on-site: data on underlying geology;
soils analysis; percolation tests for every five acres; topography;
location of aquifers; depth and capacity of all wells within 500 feet
of site; and any other pertinent data.
(c)
If disposal is off-site: plant design capacity;
monthly average flows for past 12 months; enforcement action against
plant; capacity of plant to treat industrial or commercial wastes,
if applicable; receiving water quality standards; stream quality data
from state, federal, or private sources; stream flow (minimum average
seven consecutive day flow with a frequency of occurrence of 10 years);
plans for sewage treatment facility (local plans); state regional
planning policy (including interim basin plan); and flows expected
from other approved subdivisions which are dependent upon sewage treatment
facilities in question.
(3)
Water supply. It must be shown that an adequate potable
water supply is available and not threatened by nearby use of other
land.
(a)
Compliance with state and local regulations.
(b)
If supply is from public facilities off-site,
including private water companies, amount of diversion granted by
the Division of Water Resources (maximum gallons of water pumped during
any month); present diversion (maximum gallons of water pumped during
the past 24 months); and diversions expected from other approved subdivisions
which are dependent upon the present diversion granted by the Division
of Water Resources.
(c)
If supply is from on-site sources, realty improvements
(less than 50 dwelling units); location and depth of all private and
public water supplies within 500 feet of the realty improvement; location,
depth and adequacy of proposed private or public water supplies to
serve the proposed realty improvement; geologic description of subsurface
conditions including expected groundwater yields (using published
geologic reports or report by a geologist). Realty improvements (more
than 50 dwelling units): no preliminary subdivision approval until
the Division of Water Resources has determined that the proposed water
supply and sewage disposal facilities are adequate.
(d)
Drainage. It must be shown that stormwater runoff
from the site is so controlled that on-site and off-site erosion is
neither caused nor worsened, and that potential of downstream flooding
is not increased.
[1]
Volume of stormwater runoff now existing from
site and volume to be generated by new improvements.
[2]
Data on landscaping, vegetation map, tree and
ground cover, existing on site compared with that proposed.
[3]
Changes of runoff to be caused by change of
such landscape and all roofs and paved surfaces.
[4]
Plans for disposition of stormwater, whether
by retention on site or means of channeling so as to protect downstream
property.
[5]
Stream encroachments. In the case of streams
having a drainage area exceeding 1/2 square mile, an encroachment
permit is required from the Division of Water Resources for fill or
diversion of a water channel, alteration of a stream, repair or construction
of a bridge, culvert, reservoir, dam, wall, pipeline or cable crossing.
[6]
Floodplains. Description of potential flood
damages, including a summary of flood stages from state and federal
sources.
[7]
Submission of a sediment and erosion control
plan drawn in accordance with the guidelines and standards adopted
from time to time by the County Soil Conservation District.
(e)
Solid waste disposal. A plan for disposal by
means of a facility operating in compliance with the State Sanitary
Code.
(f)
Air pollution. It must be shown that no visible
smoke or deleterious chemical changes are produced in the atmosphere
by heating or incinerating devices nor by any processing of materials.
(g)
Critical impact areas. Plans should include
any area, condition or feature which is environmentally sensitive,
or which, if disturbed during construction, would adversely affect
the environment.
[1]
Critical impact areas include but are not limited
to stream corridors, streams, wetlands, estuaries, slopes greater
than 20%, highly acid or highly erodible soils, areas of high water
table, and mature strands of native vegetation, and aquifer recharge
and discharge areas.
[2]
A statement of impact upon critical areas and
of adverse impacts which cannot be avoided.
[3]
Environmental protective measures, procedures
and schedules to minimize damage to critical impact areas.
[4]
A list of all licenses, permits and other approvals
required by municipal, county or state law and the status of each.
[5]
A listing of all adverse environmental impacts
(especially irreversible damage) that cannot be avoided.
[6]
An assessment of the environmental impact of
the project.
[7]
A listing of steps proposed to minimize environmental
damage to the site and region during construction and operation.
A.
Distribution of site plan, preliminary. Upon receipt
of the application for site plan review together with the accompanying
exhibits, as required by this chapter, the Secretary of the reviewing
board shall distribute the site plan application and accompanying
documents to the following for their review and report to the reviewing
board:
B.
Time for decision, preliminary.
(1)
Upon the submission to the Secretary to the Planning
Board of a complete application for a site plan for 10 acres of land
or less, 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, except that if the application
for site plan approval also involves an application for a relief pursuant
to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny preliminary
approval within 95 days of the date of the submission of a complete
application to the Secretary of the Planning Board, or within such
further time as may be consented to by the applicant.
(2)
Upon the submission of a complete application for
a site plan of more than 10 acres, 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 applicant.
(3)
Upon the submission to the Secretary of the Board
of Adjustment of a complete application for site plan approval pursuant
to N.J.S.A. 40:55D-76b, the Board of Adjustment shall grant or deny
preliminary approval of the application within 120 days of the date
of such submission or within such further time as may be consented
to by the applicant.
(4)
Failure of the reviewing board to reach a decision
within the specified time periods or extensions thereof shall result
in the approval of the site plan as submitted.
(5)
If the reviewing board requires any substantial amendment
in the layout of improvements proposed by the developer that 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 for development. The reviewing board shall, if the proposed
development complies with this chapter, grant preliminary site plan
approval.
(6)
Nothing herein shall be construed to limit the right
of a developer to submit a sketch plan to the reviewing board for
informal review, and neither the reviewing board nor the developer
shall be bound by any discussions or statements made during such review;
provided that the right of the developer at any time to submit a complete
application for site plan approval shall not be limited by his/her
submittal of a sketch plan and the time for the reviewing board's
decision shall not begin to run until the submission of a complete
application.
C.
Decision, preliminary. After a hearing, as required
by N.J.S.A. 40:55D-10, the reviewing board shall:
(1)
Grant preliminary site plan approval, if the proposed
development complies with the requirements of this chapter.
(2)
If the site plan is denied, such denial shall be noted
on the preliminary site plan.
(3)
The reviewing board, when 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, where 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, or relating to the proposed use.
(4)
If the reviewing board acts favorably on the preliminary
site plan, the Chair and Secretary shall affix their signatures to
the site plan.
(5)
The reviewing board shall, by resolution, set forth
its findings of fact and conclusions of law in support of the action
taken.
D.
After Board's action, preliminary. The Secretary of
the reviewing board, approving a preliminary site plan, shall cause
two full sets of such site plan, together with a copy of the application,
to be certified on each page with the following information: showing
the date of approval, the file number and the Chair and Secretary
signatures. One set shall be forwarded to the applicant and one set
shall be retained in the official files of the reviewing board.
E.
Rights under preliminary approval. Preliminary approval of a site plan, except as provided in Subsection E(4) of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
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, and lot size; yard dimensions and off-tract improvements;
natural resources to be preserved on the site; vehicular and pedestrian
circulation, parking and loading; screening, landscaping and location
of structures; exterior lighting both for safety reasons and streetlighting;
except that nothing herein shall be construed to prevent the Borough
of Hamburg from modifying by ordinance such general terms and conditions
of preliminary approval as related to the public health and safety.
(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 applicant may apply for and the reviewing
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)
(5)
The applicant may apply for thereafter and the reviewing
board may thereafter grant an extension to preliminary approval for
such additional period of time as shall be determined by the reviewing
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; and
(d)
The comprehensiveness of the development; provided
that if the design standards have been revised by ordinance, such
revised standards may govern.
F.
Time for decision, final. The reviewing board shall
grant or deny final approval within 45 days after submission of a
complete application to the Board Secretary or within such further
time as may be consented to by the applicant. Failure of the reviewing
board to act within the period prescribed shall constitute final approval
and a certification of the Board Secretary as to the failure of the
reviewing board to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of written endorsement or other
evidence of approval.
G.
Decision, final.
(1)
The reviewing 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 and the conditions of preliminary approval have
been met; provided that in the case of a planned development, the
reviewing board may permit minimal deviations from the conditions
of preliminary approval necessitated by change of conditions beyond
the control of the developer since the date of preliminary approval
without the developer being required to submit another application
for development for preliminary approval.
(2)
If final approval is denied, a notice to the effect
shall be made on the site plan.
(3)
If the reviewing board grants final approval on the
final site plan, the Chair and Secretary shall affix their signatures
to the site plan.
(4)
The reviewing board shall, by resolution, set forth
its findings of fact and conclusions of law in support of the action
taken.
H.
Distribution. The Secretary of the reviewing board
approving a final site plan shall cause three full sets of such site
plan, together with a copy of the application, to be certified on
each page with the following information: showing the date of approval,
the file number and the Chair and Secretary signatures. One set shall
be forwarded to the applicant, one to the zoning enforcement official
for his/her use and one set shall be retained in the official files
of the reviewing board.
I.
Rights under final approval.
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 171-9B of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the reviewing board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 171-9B of this chapter for the section granted final approval.
(2)
In the case of a site plan for a planned development of 50 acres or more or conventional site plan for 150 acres or more, the reviewing board may grant the rights referred to in Subsection I(1) of this section for such period of time, longer than two years, as shall be determined by the reviewing board to be reasonable, taking into consideration:
(3)
The developer may apply for thereafter, and the reviewing
board may thereafter grant, an extension of final approval for such
additional period of time as shall be determined by the reviewing
board to be reasonable, taking into consideration:
A.
Required. As a condition of final site plan approval,
the reviewing board may require and shall accept in accordance with
the standards adopted by this chapter for the purpose of assuring
the installation and maintenance of on-tract improvements:
(1)
Performance guaranty.
(a)
The furnishing of a performance guaranty in
favor of the municipality in an amount not to exceed 120% of the cost
of installation for improvements it may deem necessary or appropriate,
including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting,
shade trees, surveyor's monuments, as shown on the final map and required
by the Map Filing Law, P.L. 1960, Chapter 141 (N.J.S.A. 46:23-9.9
et seq.), 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 other on-site improvements and landscaping; provided that no more
than 10% of the total performance guaranty shall be in cash, and the
balance shall be in the form of a bond from a bonding company approved
by the Borough.
(b)
The Borough Engineer shall review the improvements
required by the reviewing board which are to be bonded and itemize
their cost. Said itemization shall be the basis for determining the
amount of performance guaranty and maintenance guaranty required by
the reviewing board. The Borough Engineer shall forward his/her estimate
of the cost of improvements to the applicant within 30 days of the
date of receipt of a request sent by certified mail for said estimate.
(2)
The furnishing of a maintenance guaranty to be posted
with the governing body for a period not to exceed two years after
final acceptance of the improvement, in an amount not to exceed 15%
of the cost of the improvement. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or the improvements are covered by performance or
maintenance guaranty to another governmental agency, no performance
or maintenance guaranty, as the case may be, shall be required for
such utilities or improvements.
B.
Guaranty reduced as improvements are certified. The
amount of any performance guaranty may be reduced by the Borough,
by resolution, when portions of the improvements have been certified
by the Borough Engineer to have been completed. The time allowed for
installation of the improvements for which the performance guaranty
has been provided may be extended by the Borough by resolution.
C.
Failure to complete improvements; Borough to act.
If the required improvements are not completed or corrected in accordance
with the performance guaranty, the obligor and surety, if any, shall
be liable thereon to the Borough for the reasonable cost of the improvements
not completed or corrected and the Borough may either prior to or
after the receipt of the proceeds thereof complete such improvement.
D.
Borough Engineer to inspect. When all of the required
improvements have been completed, the obligor shall notify the Borough
in writing, by certified mail addressed in care of the Borough Clerk,
of the completion of said improvements and shall send a copy thereof
to the Borough Engineer. Thereupon the Borough Engineer shall inspect
all of the improvements and shall file a detailed report, in writing,
with the Borough Council, indicating either approval, partial approval
or rejection of the improvements with a statement of reasons for any
rejection. If partial approval is indicated, the cost of the improvements
rejected shall be set forth.
E.
Time limit for approval or rejection. The governing
body shall either approve, partially approve or reject the improvements,
on the basis of the report of the Borough Engineer and shall notify
the obligor in writing, by certified mail, of the contents of said
report and the action of said reviewing board with relation thereto,
not later than 65 days after receipt of the notice from the obligor
of the completion of the improvements. Where partial approval is granted,
the obligor shall be released from all liability pursuant to its performance
guaranty, except for that portion adequately sufficient to secure
provision of the improvements not yet approved. Failure of the Borough
Council to send or provide such notification to the obligor within
65 days shall be deemed to constitute approval of the improvements
and the obligor and surety, if any, shall be released from all liability,
pursuant to such performance guaranty.
F.
Procedure following rejection. If any portion of the
required improvements is rejected, the reviewing board may require
the obligor to complete such improvements and, upon completion, the
same procedure of notification as set forth in this section shall
be followed.
G.
Inspection fees reimbursed. The obligor shall reimburse
the Borough for all reasonable inspection fees paid to the Borough
Engineer for the foregoing inspection of improvements.
H.
Certificate of occupancy. No certificate of occupancy
shall be issued on any construction commenced as a result of receiving
final site plan approval until the Borough Engineer shall certify
to the reviewing board that all required improvements have been completed.
Upon receipt of the certification by the Borough Engineer that all
required improvements have been completed, the reviewing board shall
so certify to the Building Inspector that a certificate of occupancy
may be issued upon completion of any structure in accordance with
the requirements of the Borough Building Code.
The regulations and standards set forth in the
chapter are for the protection of the public health, safety and welfare
of the citizens of this Borough. However, if an applicant can demonstrate
that because of peculiar conditions relating to his/her application
or to his/her land it would be unreasonable or impossible to enforce
one or more of the regulations or requirements set forth herein, or
that it would exact undue hardship upon said applicant, the reviewing
board may permit such variance or variances as may be reasonable and
within the general purpose and intent of the rules, regulations and
standards herein established, in which event the reviewing board shall
in its resolution set forth its findings of fact and legal conclusions
supporting said action.
Nothing in this chapter precludes a developer
from submitting his/her preliminary and final site plan as one submission,
providing all requirements of the final site plan shall be adhered
to.
The developer shall undertake construction in substantial conformance with the approved final site plan if caused by change of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan or Chapter 215, Zoning.
[Amended 11-5-1990]
B.
Review services fee.
(1)
In addition to the filing fee, the applicant shall
also deposit funds with the Borough Clerk to cover the cost of review
services provided by the Borough Engineer, planning consultant and
other Borough personnel. The amount of the deposit shall be determined
as follows:
(2)
Any unused portion of the deposit shall be returned
to the applicant. If the cost of review services exceed the amount
of deposit, sufficient additional funds shall be deposited before
approval of the site plan shall become effective.
(3)
For purposes of determining the amount of deposit, if only a portion of the property is to be developed and said property can be further subdivided under the requirements of Chapter 186, Subdivision of Land, and Chapter 215, Zoning, the lot area shall be construed to be an area which can be subdivided under the requirements of said ordinances wherein all proposed buildings and improvements would meet all required setback and yard requirements. When a site plan for a new building or structure or addition thereto does not involve off-street parking, traffic circulation or drainage facilities, the amount of the deposit as it pertains to lot area shall apply only to the ground floor area of the building or structure.
C.
Special meeting fee. There shall be charged to the
applicant a fee of $500 for any special meeting requested by the applicant
and agreed to by the board hearing the matter.
Failure to comply with any of the conditions
of site plan approval subsequent to the receipt of a building permit,
zoning permit or certificate of occupancy, as the case may be, shall
be grounds for the revocation of any building permit, zoning permit
or certificate of occupancy, as the case may be. A written notice
of revocation sent by certified mail by the Zoning Officer or Building
Inspector, as the case may be, shall specify the conditions of site
plan approval which have been violated and such revocation shall effectively
terminate the validity of any building permit, zoning permit or certificate
of occupancy theretofore issued.
The Borough Clerk is hereby directed to give
notice at least 10 days prior to the hearing on the adoption of this
chapter to the County Planning Board and to all others entitled thereto
pursuant to the provisions of N.J.S.A. 40:55D-15. Upon the adoption
of this chapter after public hearing thereon, the Borough Clerk is
further directed to publish notice of the passage thereof and to file
a copy of this chapter as finally adopted with the Sussex County Planning
Board as required by N.J.S.A. 40:55D-16.
