A.
Subject to the exemptions provided in § 225-66, no building or other structure shall be erected, constructed, remodeled, moved, enlarged or externally altered, no structure or land appurtenant thereto shall be used or occupied and no building permit or certificate of occupancy shall be issued unless and until a site plan for that structure or land shall have been granted minor site plan approval or final site plan approval by resolution adopted by the Board and all conditions, if any, to such approval have been satisfied.
B.
The provisions of this section shall also apply to:
[Added 4-10-1989 by Ord. No. 4-89]
(1)
Any modification of a previously approved site plan.
(2)
Installation or modification of any site lighting,
solid waste containers, walkways and landscaping.
[Amended 6-12-1989 by Ord. No. 6-89]
(3)
Modification of any parking lot layout or driveway
access, including modifications to designations of parking spaces
but not including routine maintenance of parking lots.
There shall be exempt from the requirements
of this article a proposed site plan which:
[Amended 10-16-2002 by Ord. No. 12-02]
Developers are encouraged to request an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development to the Board so that the Board may be informed of the applicant's intentions, classify the proposed site plan as major or minor, and so that the applicant may obtain the advice of the Board and other Township officials in the early stages of the design in order to avoid undue expense and delay in preparing more detailed plans and specifications. If a concept plan is submitted, for applications under the jurisdiction of the Planning Board, prior to review by the full Board, the Secretary shall refer the concept plan and any supporting documents to the Development Review Committee for its review and recommendation. Such Committee shall not be governed by any statutory time limits in its review of site plans. The developer shall not be bound by any concept plan for which informal review is requested, and the Board shall not be bound by any such review. The request for concept plan review shall be accompanied by any applicable fees in accordance with Chapter 171.
A.
Sketch site plan.
(1)
Purpose of submission of sketch site plan. A sketch
site plan is required of all applicants seeking approval of a minor
site plan (except for those seeking merely a concept discussion with
a committee designated for such purpose by the Board) so that the
Board may be informed of the applicant's intentions and may classify
the proposed site plan as major or minor and so that the applicant
may obtain the advice of the Board and other Township officials in
the early stages of the design.
(2)
In those instances in which the Planning Board has
authority to administer and implement this article with respect to
an application for minor site plan approval, the Planning Board is
hereby empowered to designate a committee of the Planning Board to
so act on its behalf, and to adopt rules and regulations relating
to the procedures of the committee. Any reference contained in this
chapter to "Board" or "Planning Board" shall be deemed to be a reference
to a committee of the Planning Board if the Planning Board designates
such a committee to so act.
[Amended 4-11-1988 by Ord. No. 4-88]
(3)
Procedures for submitting sketch site plan for minor
site plan approval.
(a)
The applicant for minor site plan approval shall submit 20 copies of a complete sketch site plan application, with a sketch site plan attached, to the Secretary of the Board at least 14 days prior to the regular meeting of the Board at which consideration is desired; provided, however, that if the application is submitted to the Planning Board, and if the Planning Board has designated a committee to act on its behalf with respect to minor site plan applications pursuant to Subsection A(1), the applicant shall instead submit 10 of such copies sufficiently prior to the date by which consideration is desired so as to permit the Chairman of such committee to schedule a meeting to act on the application at the mutual convenience of the applicant and such committee. The minor site plan application shall be accompanied by payment of an application fee together with a technical review fee in accordance with Chapter 171. See also Chapter 171 respecting the payment of deposits for inspection fees prior to the performance of inspections of required improvements.
(b)
Immediately upon the receipt of a sketch site
plan, the Board Secretary shall furnish one copy of the plat, together
with supporting documents, to each of the following:
(c)
If the Morris County Planning Board has approval
authority with respect to the application pursuant to N.J.S.A. 40:27-6.6
et seq. (applications along county roads or affecting county drainage
facilities), its action shall be noted on the sketch site plan, and,
if disapproved, a statement of the reasons for disapproval shall be
returned to the applicant with the site plan. If, within 30 days after
receiving the sketch site plan, the Morris County Planning Board does
not comment thereon in writing to the Secretary of the Board, the
sketch site plan shall be deemed to have been approved by the Morris
County Planning Board.
(d)
Whenever a sketch site plan of a minor site
plan which fronts on an existing public road is submitted for approval,
one copy of a deed of dedication or easement shall be included in
the application to provide sufficient right-of-way where the existing
road right-of-way is less than the minimum requirements of the public
entity which owns the road; provided, however, that the application
shall not be deemed incomplete for failure to submit such deed or
easement.
(e)
The Board shall act upon an application for
approval of a minor site plan within 45 days of the submission of
a complete application to the Secretary of the Board or within such
further time as may be consented to by the applicant.
(f)
If the sketch site plan is disapproved, the
reasons for disapproval must be remedied before an amended sketch
site plan can be submitted and acted upon as in the case of an original
sketch site plan.
(g)
If the Board grants an application for minor
site plan approval, any conditions of such approval (other than those
imposed by law) shall be set forth in the resolution adopted by the
Board. When all conditions precedent to signing the sketch site plan
have been met, the sketch site plan shall be submitted to the Chairman
of the Board, the Board Secretary and the Township Engineer for their
signatures, which shall be certification that the site plan is approved
by the Board and is exempt from obtaining further Board approval.
(h)
The Board Secretary may defer the return of
the signed sketch site plan to the developer until he has been provided
with five copies thereof for distribution to other Township representatives.
(i)
The zoning requirements and general terms and
conditions upon which minor site plan approval was granted shall not
be changed for a period of two years after the date of minor site
plan approval. The Planning Board shall grant an extension of this
period for a period determined by the Board but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the approvals. A developer shall apply
for this extension before what would otherwise be the expiration date
or the 91st day after the date on which the developer receives the
last of the legally required approvals from the other governmental
entities, whichever occurs later.
[Amended 10-13-1992 by Ord. No. 11-92]
(4)
Details of sketch site plan. The sketch site plan
shall be prepared by and bear the seal of a professional engineer,
architect or professional planner, licensed to practice in New Jersey.
The entire tract shall be shown on one sheet, unless waived by the
Board's engineering consultant. All sheets shall be collated and bound.
The sketch site plan shall show or be accompanied by all of the applicable
items set forth on Checklist A.[1]
[1]
Editor's Note: Checklist A is included at the end of this chapter.
B.
Preliminary site plan.
(1)
Procedures for submitting preliminary site plan.
(a)
The applicant for preliminary site plan approval shall submit 20 copies of a complete site plan application, including completed application form with a preliminary site plan and supporting documentation attached, to the Secretary of the Board at least three weeks prior to the regular meeting of the Board at which consideration is desired. The preliminary site plan application shall be accompanied by payment of an application fee together with a technical review fee in accordance with Chapter 171. See also Chapter 171 respecting the payment of deposits for inspection fees prior to the performance of inspections of required improvements.
[Amended 9-4-2002 by Ord. No. 11-02]
(b)
Immediately upon the receipt of a preliminary
site plan application, the Secretary of the Board shall furnish one
copy of the plat, together with supporting documents, to each of the
following:
[1]
If under the jurisdiction of the Planning Board,
the Development Review Committee.
[2]
The Township Engineer.
[3]
The Secretary of the Board of Health.
[4]
The Morris County Planning Board, when required.
[5]
The clerk of an adjoining municipality, when
required.
[6]
The Township Environmental Commission.
[7]
The Township Historic Preservation Commission,
when required.
[8]
The Shade Tree Advisory Committee.
[9]
Such other Township, county or state officials
or agencies as directed by the Board.
(c)
If the Morris County Planning Board has approval
authority with respect to the application pursuant to N.J.S.A. 40:27-6.6
et seq. (applications affecting county roads or drainage facilities),
its action shall be noted on the preliminary site plan, and, if disapproved,
a statement of the reasons for disapproval shall be returned to the
applicant with the site plan. If, within 30 days after receiving the
preliminary site plan, the Morris County Planning Board does not return
its copy along with any comments to the Secretary of the Board, the
preliminary site plan shall be deemed to have been approved by the
Morris County Planning Board.
(d)
Whenever a preliminary site plan which fronts
on an existing public road is submitted for approval, one copy of
a deed of dedication or easement shall be included in the application
to provide sufficient right-of-way where the existing road right-of-way
is less than the minimum requirements of the public entity which owns
the road; provided, however, that the application shall not be deemed
incomplete for failure to submit such deed or easement.
(e)
The Board shall act upon an application for
approval of a preliminary site plan which involves 10 acres of land
or less and 10 dwelling units or less within 45 days of the submission
of a complete application to the Secretary of the Board or within
such further time as may be consented to by the applicant. The Board
shall act upon an application for approval of a preliminary site plan
which involves more than 10 acres or more than 10 dwelling units within
95 days of the submission of a complete application to the Secretary
of the Board or within such further time as may be consented to by
the applicant.
(f)
The Board shall include findings of fact and conclusions based thereon in a written resolution adopted at a meeting held within the time period set forth in Subsection B(1)(e) above or adopted at a meeting held not more than 45 days after the date of the meeting at which the Board voted to grant or deny approval, by a majority of Board members present who voted for the action taken. The applicant shall be mailed a copy of the resolution within 10 days after it is adopted. If the preliminary site plan is disapproved, the reasons for disapproval must be remedied before an amended preliminary site plan can be submitted and acted upon as in the case of an original preliminary site plan.
(g)
If the Board grants an application for preliminary site plan approval, any conditions of such approval (other than those imposed by law) shall be set forth in the resolution adopted by the Board. When all conditions precedent to signing the preliminary site plan have been met, the Chairman of the Board, the Board Secretary and the Township Engineer shall affix their signatures to the preliminary site plan with a notation that it has received preliminary approval and has been returned to the applicant for compliance with the procedure for final site plan approval in Subsection C of this section.
(h)
The Secretary of the Board may defer the return
of the signed original of an approved preliminary site plan to the
applicant until he has been provided with five copies thereof for
distribution to other Township representatives.
(2)
Details of preliminary site plan. The preliminary
site plan shall be prepared by and bear the seal of a professional
engineer, architect or professional planner licensed to practice in
New Jersey. The entire tract shall be shown on one sheet, unless waived
by the Board's engineering consultant. All sheets shall be collated
and bound. The preliminary site plan shall show or be accompanied
by all of the applicable items set forth on Checklists A and B.[2]
[2]
Editor's Note: Checklists A and B are included
at the end of this chapter.
C.
Final site plan.
(1)
Procedures for submitting final site plan.
(a)
The applicant for final site plan approval shall submit 20 copies of a complete site plan application, with a final site plan attached, to the Secretary of the Board at least 14 days prior to the regular meeting of the Board at which consideration is desired. The final site plan application shall be accompanied by payment of an application fee together with a technical review fee in accordance with Chapter 171. See also Chapter 171 respecting the payment of deposits for inspection fees prior to the performance of inspections of required improvements.
(b)
If the Morris County Planning Board has approval
authority with respect to the application pursuant to N.J.S.A. 40:27-6.6
et seq. (applications affecting county roads or drainage facilities),
its action shall be noted on the final site plan, and, if disapproved,
a statement of the reasons for disapproval shall be returned to the
applicant with the site plan. If, within 30 days after receiving the
final site plan, the Morris County Planning Board does not return
its copy along with any comments to the Secretary of the Board, the
final site plan shall be deemed to have been approved by the Morris
County Planning Board.
(c)
Whenever a final site plan which fronts on an
existing public road is submitted for approval, unless previously
submitted, one copy of a deed of dedication or easement shall be included
in the application to provide sufficient right-of-way where the existing
right-of-way is less than the minimum requirements of the public entity
which owns the road; provided, however, that the application shall
not be deemed incomplete for failure to submit such deed or easement.
(d)
The Board shall act upon an application for
approval of a final site plan within 45 days of the submission of
a complete application to the Secretary of the Board or within such
further time as may be consented to by the applicant.
(e)
The 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 article
for final approval and the conditions of preliminary approval, provided
that, in the case of a planned development, the Board may permit minimal
deviations from the conditions of preliminary approval necessitated
by a change of conditions beyond the control of the developer since
the date of preliminary approval, without the developer's being required
to submit another application for preliminary approval.
(f)
An application for final approval shall not
be considered by the developer until any required designs for water
supply, drainage and sanitary and waste disposal facilities have been
approved by the Township Board of Health and the Township Engineer.
(g)
The Board shall review and approve or deny site
plans simultaneously with any associated review for subdivision approval
or variances filed contemporaneously by the applicant, without the
developer's being required to make further application to the Board,
or the Board's being required to hold further hearings. The longest
time period for action by the Board shall apply to both the subdivision
and the site plan applications.
(h)
If the final site plan is disapproved, the reasons
for disapproval must be remedied before an amended final site plan
can be submitted and acted upon as in the case of an original final
site plan.
(i)
If the Board grants an application for final
site plan approval, any conditions of such approval (other than those
imposed by law) shall be set forth in the resolution adopted by the
Board. As a condition for final approval of a site plan, an applicant
shall pay or agree to pay his pro rata share of the cost of providing
only reasonable and necessary street improvements and water, sewerage
and drainage facilities and easements therefor located outside the
property limits of the development but necessitated or required by
construction or improvements within such development. When all conditions
precedent to signing the final site plan have been met, the Chairman
of the Board, the Board Secretary and the Township Engineer shall
affix their signatures to the final site plan, which shall be certification
that the site plan is exempt from obtaining further Board approval.
(j)
The Secretary of the Board may defer the return
of the signed original of an approved final site plan to the applicant
until he has been provided with five copies thereof for distribution
to other Township representatives.
(2)
Details of final site plan. The final site plan shall
be prepared by and bear the seal of a professional engineer, architect
or professional planner licensed to practice in New Jersey. The final
site plan shall include all information required to be shown on the
preliminary site plan in final and detailed form with precise dimensions
and elevations, except that commonly owned and contiguous property
may be excluded. In addition, and more specifically, the final site
plan shall show or be accompanied by all of the applicable items set
forth on Checklists A and C.[3]
[3]
Editor's Note: Checklists A and C are included
at the end of this chapter.
Before granting minor or preliminary or final
site plan approval, the Board shall determine that the plan is consistent
with all of the requirements of this chapter and the Township Code.
Where deemed necessary or advisable by the Board, the applicant shall
submit to the Board additional reports on the plan from the following
departments, agencies, officials or employees, including but not limited
to:
A.
The Township Board of Health.
B.
The New Jersey Department of Environmental Protection.
C.
The United States Army Corps of Engineers.
D.
The Morris Township Sewer Department.
E.
The Southeast Morris County Municipal Utilities Authority.
[Amended 8-10-1992 by Ord. No. 4-92]
F.
The Township Environmental Commission.
G.
The Township Recreation Association.
H.
The Township Shade Tree Advisory Committee.
[Amended 8-10-1992 by Ord. No. 4-92]
I.
The Township Engineer.
J.
The Zoning Officer.
K.
The Tax Collector.
L.
The Township Police Department.
M.
The New Vernon and Green Village Volunteer Fire Departments.
N.
The Township Planner.
O.
The Morris County Soil Conservation District.
P.
Where required, the Morris County Planning Board.
A.
Preliminary site plan approval shall, except as provided in Subsection B below, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
[Amended 10-13-1992 by Ord. No. 11-92]
(1)
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; lot size; yard dimensions and off-site and off-tract
improvements; any requirements peculiar to preservation of existing
natural resources on the site; safe and efficient vehicular and pedestrian
circulation, parking and loading; screening, landscaping and location
of structures; and exterior lighting; except that nothing herein shall
be construed to prevent the Township from modifying, by ordinance,
such general terms and conditions of preliminary approval as relate
to public health and safety.
(2)
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 and the anticipated
timetable for development of the balance of the tract.
(3)
The applicant may apply for and the Board may grant
extensions of 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.
B.
In the case of a site plan for an area of 50 acres or more, the Board may grant the rights referred to in Subsection A above for such period of time longer than three years, as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the Board may thereafter grant, an extension of preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and types and floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
C.
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsections A(3) and B of this section above, and the preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The applicant may apply for the extension either before or after what would otherwise be the expiration date.
[Added 10-13-1992 by Ord. No. 11-92]
D.
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the applicant applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsections A(3) and B above.
[Added 10-13-1992 by Ord. No. 11-92]
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the applicant pursuant to § 225-70, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted.
[Amended 10-13-1992 by Ord. No. 11-92]
B.
In the event that an applicant who has received final site plan approval shall not complete his application for a building permit within two years after the date of such approval, then and in that event such final approval shall terminate, unless such period is extended by resolution of the Board upon written application of the applicant. In the case of a site plan for a planned development of 50 acres or more, a conventional site plan for 150 acres or more or a site plan for development of a nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and types and floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and types and floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
C.
Whenever the Planning Board grants an extension of final approval pursuant to Subsection A and B of this section, and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[Added 10-13-1992 by Ord. No. 11-92]
D.
The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection A or B of this section.
[Added 10-13-1992 by Ord. No. 11-92]
E.
The Board may permit a deviation from the final plan
if caused by change of conditions beyond the control of the applicant
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 and Zoning Ordinance.
