This chapter shall be known as and may be cited
as the "Site Plan Review Ordinance of the Township of Hardyston."
As used in this chapter, the following terms
shall have the meanings indicated:
APPLICANT
A developer submitting an application for site plan review.
FINAL SITE PLAN APPROVAL
The approval required prior to issuance of a building permit
or other permit authorizing the development of land.
GENERAL DEVELOPMENT PLANS
A comprehensive plan for the development of a planned development
as provided in N.J.S.A. 40:55D-45.2.
[Added 7-2-2007 by Ord. No. 2007-09]
MINOR SITE PLAN
A development plan for less than 100 square feet of additional
gross floor area or soil disturbance of between 1,000 and 4,999 square
feet of soil, provided that the site plan:
[Added 3-7-2000 by Ord. No. 2000-2]
A.
Conforms to the zoning requirements;
B.
Involves neither a planned development, a new
street or extension of any off-tract improvements which is to be prorated
pursuant to N.J.S.A. 40:55D-52; and
C.
Contains the information reasonably required
to make an informed decision for approval of a minor site plan.
MUNICIPAL AGENCY
The Planning Board or Zoning Board of Adjustment, as the
case may be, and is synonymous with "reviewing agency" or "reviewing
board."
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous or noncontiguous size as
specified by ordinance to be developed according to a plan as a single
entity containing one or more structures with pertinent common areas
to accommodate commercial or office uses, or both, and any residential
and other uses incidental to the predominant use as may be permitted
by ordinance.
[Added 7-2-2007 by Ord. No. 2007-09]
PLANNED DEVELOPMENT
A planned unit development, planned unit residential development,
residential cluster, planned commercial development, or planned industrial
development.
[Added 7-2-2007 by Ord. No. 2007-09]
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous or noncontiguous size as
specified by ordinance to be developed according to a plan as a single
entity containing one or more structures with a pertinent common area
to accommodate industrial uses and any other uses incidental to the
predominant use as may be permitted by ordinance.
[Added 7-2-2007 by Ord. No. 2007-09]
PLANNED UNIT DEVELOPMENT
An area of a minimum of 10 contiguous or noncontiguous acres
or more to be developed as a single entity according to a plan, containing
one or more residential clusters or planned unit residential developments
and one or more public, quasi-public, commercial, or industrial areas
in such ranges of ratios of nonresidential uses to residential uses
as shall be specified in the zoning ordinance.
[Added 7-2-2007 by Ord. No. 2007-09]
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a minimum of five contiguous or noncontiguous
acreage or more to be developed as a single entity according to a
plan containing one or more residential clusters which may include
appropriate commercial, public, or quasi-public uses primarily for
the benefit of the residential development.
[Added 7-2-2007 by Ord. No. 2007-09]
PRELIMINARY SITE PLAN APPROVAL
Indicates 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.
RESIDENTIAL CLUSTER
A contiguous or noncontiguous area to be developed as a single
entity according to a plan containing residential units which have
common or public open space area as an impertinence.
[Added 7-2-2007 by Ord. No. 2007-09]
SITE PLAN
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; and any other information that may be reasonably
required in order to make an informed determination by the Board,
adopted pursuant to N.J.S.A. 40:55D-37 et seq.
[Amended 3-7-2000 by Ord. No. 2000-2]
SITE PLAN APPLICATION
An application to the reviewing agency requesting site plan
review and approval accompanied by all of the information required
by this chapter.
[Amended 3-7-2000 by Ord. No. 2000-2]
A. All activities except the following shall require
site plan approval:
(1) The construction, customary use and modification of
single-family or two-family dwellings, including any permitted accessory
buildings and uses incidental to the principal use of the property.
(2) Any structure or use for which site plan approval
was granted prior to the effective date of this amendment (3-7-2000)
and that was developed in accordance with such approval.
(3) Farm buildings and customary accessory buildings,
including agricultural stands and structures associated with farming.
(4) Construction which is determined by the Construction
Official to constitute ordinary repairs, as defined by the State of
New Jersey Department of Community Affairs Uniform Construction Code.
(5) Soil disturbance of less than 1,000 square feet in
total, no matter how long it takes, except that nothing shall be construed
to prevent the otherwise lawful excavating or cutting, stripping or
other change in the existing configuration of the land for the following
purposes and no others:
(a)
Gardening and farming for commercial and noncommercial
purposes.
(b)
The construction or reconstruction of curbs,
sidewalks, private residential driveways, drainage systems, sewage
disposal systems and other utility service connections, provided that
all other Township, county, state and district approvals have been
received.
(6) If the Planning Board waives formal site plan review
and approval for site plans.
B. A change in use or occupancy of a building or land
requires minor site plan approval if one or more of the following
criteria is met, as determined by the Zoning Officer when an applicant
applies for a building permit:
(1) The previous use never received site plan approval.
(2) The proposed use requires more off-street parking
than the previous use based upon the parking requirements of this
chapter.
(3) The proposed use has significantly different hours
of operation than the previous use.
(4) The proposed use has different loading requirements
that affect site circulation.
(5) The proposed use involves the storage or handling
of chemicals or hazardous substances.
(6) The proposed use requires a significant change in
exterior lighting, circulation and landscaping.
(7) The proposed use will generate a greater amount of
solid waste requiring additional refuse receptacles than previously
required.
(8) The proposed use requires a change in drainage and
stormwater management.
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:
A. That the general terms and conditions on which preliminary
approval was granted shall not be changed except as otherwise permitted
by N.J.S.A. 40:55D-49(a).
B. 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.
C. That the municipal agency 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 shall govern.
D. The municipal agency 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, the economic conditions and the comprehensive
development among others. The municipal agency may grant an extension
of preliminary approval for such additional periods of time as shall
be determined by the municipal agency and for the same reasons as
stated above.
The Secretary of the municipal agency approving
a preliminary site plan shall certify two full sets, on each page,
with an appropriate stamp showing date of approval, file number, Chairperson'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
municipal agency.
An application for site plan review shall be submitted on forms supplied by the Municipal Clerk for such purpose and shall be submitted in accordance with the requirements of Chapter
33, Land Use Procedures. An application for site plan review shall be made in conjunction with an application for a use variance and shall be filed simultaneously with the application to the Zoning Board of Adjustment.
Each site plan shall provide for the following:
A. The layout of the land development shall be consistent with Chapter
185, Zoning, except in those cases where application is being made to the Zoning Board of Adjustment for a variance from the terms and provisions of Chapter
185, Zoning.
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. Lighting plans shall be designed to provide adequate
lighting for safety while encouraging energy conservation and preventing
annoying and destructive light pollution.
[Amended 10-10-2018 by Ord. No. 2018-10]
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 with 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 Municipal 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 Municipal Engineer. Where certain utilities to be
installed are under other governmental authority or jurisdictions,
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 municipal agency. 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
158, Subdivision of Land.
N. All taxes and assessments against the site shall be
paid prior to any preliminary approval.
O. Fire protection facilities. The purpose of this subsection is to
insure that adequate fire protection facilities are provided within
residential and non-residential developments. Fire protection facilities
shall be provided as follows:
[Added 4-25-2006 by Ord. No. 2006-03; amended 12-7-2010 by Ord. No.
2010-13; 10-11-2017 by Ord. No. 2017-07; 12-8-2021 by Ord. No. 2021-09]
(1) In the CR and R-4 Zones, a public potable and fire suppression water
system shall be provided in accordance with the Residential Site Improvements
Standards (RSIS), N.J.A.C. 5:21-1 et seq., for residential developments
utilizing sewage collection and treatment.
(2) In all other zones, a fire suppression water system shall be provided
for all residential preliminary major subdivisions. The system shall
be installed in accordance with the following standards:
(a)
Where an adequate central water system is available and has
been approved by the Township of Hardyston, fire hydrants shall be
installed to provide a source of water for firefighting. Where an
adequate central water system is not available for a residential subdivision,
underground water storage tanks shall be located and installed within
the development. The location of the tank shall be approved by the
reviewing board with input from the Hardyston Fire Department. Any
fire suppression tank provided shall be located such that the distance
from the proposed suction point for the tank to the required building
setback line of each proposed lot shall not exceed 2,000 feet. This
length shall be measured along the center line of the right-of-way.
This distance shall also include the length of the driveway, measured
along the driveway for flag lots and lots with common driveways. When
more than one tank is required to meet this requirement, the spacing
between tanks shall not exceed 3,000 feet. Each tank shall be located
within the public right-of-way or an easement acceptable to the Township
of Hardyston.
[1]
Tanks constructed to service residential subdivisions that will not have a homeowners' association shall be dedicated to the Township. Regular, quarterly inspections shall be performed by the Township Fire Official pursuant to Chapter
94 of the Township Code to ensure operability.
[2]
The maintenance for tanks constructed to service residential subdivisions in which the roads have not been dedicated to the Township will be the responsibility of the developer or the community association (whichever has majority interest in the property) until it is formally dedicated to the Township. Regular, quarterly inspections shall be performed by the Township Fire Official pursuant to Chapter
94 of the Township Code to ensure operability.
(3) In all other zones, exclusive of the R-4 and CR zones, nonresidential
development requiring site plan approval shall be required to provide
fire-protection facilities as follows (nonresidential development
requiring minor site plan approval shall be exempt from this section):
(a)
Where an adequate central water system is available and has
been approved by the Township of Hardyston, fire hydrants shall be
installed to provide a source of water for firefighting.
(b)
Where an adequate central water system is not available:
[1]
Approval for a new building of a 1,000 square feet or larger
shall require the location and installation of an underground storage
tank in accordance with the design standards of this section.
[2]
Approval for amended preliminary site plan to increase the building
footprint of an existing building by 1,000 square feet or greater
up to 50% of the existing building footprint shall be required to
provide an easement to the Township that provides the Township the
ability to install and maintain an underground fire suppression tank
in the future should the Township deem an underground fire suppression
tank is necessary. The easement shall be subject to review and approval
by the Township with input from the Township Fire Department.
[3]
Approval to increase the building footprint greater than 50%
of the existing footprint or site plan applications seeking approval
to change from a non-life hazard to a life hazard use shall require
the location and installation of an underground storage tank in accordance
with the design standards of this section.
[a] The hydrants, tank size, design and location in
conjunction with a site plan application for a nonresidential structure
shall be approved by the reviewing board with input from the Hardyston
Fire Department.
[b] Regular maintenance and certifications shall remain the responsibility of the property owner. Regular, quarterly inspections shall be performed by the Township Fire Official pursuant to Chapter
94 of the Township Code to ensure operability.
(4) Design standards for fire suppression tanks:
(a)
All tanks must have paved access within seven linear feet of its suction point. Alternate materials may be utilized to provide access to the tank after approval by the Township Engineer and Hardyston Fire Department. A protective barrier must be placed in front of the tank in order to prevent damage to the tank, subject to approval by the Township Engineer. A permanent sign, in accordance with the requirements of Chapter
94, §
94-15, of the Township Code, shall be installed at every tank location to show the existence and capacity of such tank. In addition, when tanks are located in the vicinity of a roadway or parking area, fire lanes shall be established and maintained pursuant to the requirements of Chapter
94 of the Township Code.
(b)
The minimum capacity of every underground storage tank within
a residential subdivision shall be 20,000 gallons. Tank capacities
for nonresidential developments shall be based on the highest degree
of hazard of the principal structures to be protected but in no case
shall the tank capacity be less than 20,000 gallons. The fire-protection
systems shall be approved by the reviewing board with input from the
Hardyston Fire Department. Unless an equivalent alternate fire-protection
system in compliance with the Uniform Construction Code is provided,
underground water storage tanks will be provided and shall be constructed
and installed as follows. All underground water storage tanks shall
be (minimum) single-walled fiberglass construction. The tank shall
be installed in accordance with the manufacturer's recommendations
and NFPA standards. Tanks shall, at a minimum, include the following
features:
[1]
One flange with six-inch draw tube.
[3]
Six-inch dry hydrant NST female connection; each connection
must have internal conical strainer, snap ring, and yellow dust cap.
PVC pipe must pass through all adapters into tank.
[4]
A functional and operational water level gauge of suitable design
shall be provided. The gauge shall be of a size that insures it is
legible from the street.
[5]
Four-inch fill connection with two two-and-one-half-inch NST
female connections with dust caps.
(5) This water supply is intended solely for minimal first-attack storage.
(6) In all subdivisions where a fire-protection system is required, no
building permit shall be issued for a principal structure upon any
lot within the subdivision or development until fire protection to
the extent necessary for such structure is installed and its operability
has been tested, approved by the Hardyston Township Fire Department,
and it meets the requirements of this subsection. In addition, all
residential subdivision applicants shall submit to the Township, prior
to the issuance of any building permit, a certification from the applicant's
engineer that the fire suppression system is operational and meets
the requirements of this subsection.
[Amended 10-16-2001 by Ord. No. 2001-10]
Preliminary site plans shall be designed in accordance with current Township regulations and design standards and in strict accord with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the Planning Board. For initial consideration by the Planning Board, prior to the granting of preliminary approval, the preliminary site plan shall show or be accompanied by sufficient information to establish the design, arrangement and dimension of streets, lots and other planned features as to form, size and location. The information shall form the basis for the general terms and conditions upon which preliminary site plan approval may be granted and shall include all of the information stipulated in §
33-33 of Chapter
33, entitled "Land Use Procedures," and in Schedule A entitled "Checklist," attached hereto.
[Amended 10-16-2001 by Ord. No. 2001-10]
Final site plans shall be designed in accordance with current Township regulations and design standards and in strict accord with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the Planning Board. For initial consideration by the Planning Board, prior to the granting of final approval, the final site plan shall show or be accompanied by sufficient information to establish the design, arrangement and dimension of streets, lots and other planned features as to form, size and location. The information shall form the basis for the general terms and conditions upon which final site plan approval may be granted and shall include all of the information stipulated in §
33-33 of Chapter
33, entitled "Land Use Procedures," and in Schedule A, entitled "Checklist," attached hereto.
The regulations and standards set forth in this
chapter are for the protection of the public health, safety and welfare
of the citizens of this municipality. However, if an applicant can
demonstrate that because of peculiar conditions relating to his application
or to his or 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 municipal
agency 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 municipal agency
shall in its resolution set forth its findings of fact and legal conclusions
supporting said action.
Nothing in this section precludes a developer
from submitting his or her preliminary and final site plan as one
submission, provided that 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
185, Zoning.
The Secretary of the municipal agency approving
a final site plan shall certify three full sets, on each page, with
an appropriate stamp showing date approved, file number, Chairperson's
signature and Secretary's signature. One set shall be given to the
applicant, one to the zoning enforcement officer for his or her use
and one set shall be retained in the official files of the municipal
agency.
[Added 3-7-2000 by Ord. No. 2000-2]
A. The Chairman of the Planning Board is hereby authorized
to appoint a Site Plan Subcommittee of the Planning Board which shall
be composed of at most four members of the Board, including at least
the Mayor or Township member of the Planning Board and two other members
of the Planning Board. The Site Plan Subcommittee shall have the authority
to:
(1) Approve minor site plan applications including minor
site plans involving alterations to the exteriors of existing conforming
nonresidential structures as required by this chapter;
(2) Provide recommendations to the Planning Board for
site plan waivers; and
(3) Refer an application without decision to the entire
Planning Board for decision.
B. A site plan application or a letter request for a
site plan waiver, together with the appropriate fees and maps, shall
be filed with the Administrative Officer. Submission requirements
for minor site plan approval are provided in the Minor Site Plan Checklist.
C. All minor site plans as defined by this chapter shall be reviewed by either the Planning Board or a subcommittee of the Planning Board appointed by the Chairman of the Board pursuant to Subsection
A to review minor site plans.
D. The report of the Site Plan Subcommittee regarding
minor site plan approval or regarding its recommendation of waiver
of site plan shall be forwarded to the applicant and shall be included
on the agenda of the next regularly scheduled Planning Board meeting.
Such report shall then be adopted as the basis for an approval to
be reflected in a memorializing resolution of the Planning Board.
Minor site plan approval thus memorialized shall be deemed final approval
of the site plan by the Board, provided that the Board or Subcommittee
may condition such approval on terms ensuring the provision of improvements
pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
E. A minor site plan, as defined in this chapter, shall
not require notice or public hearing.
F. Minor site plan approval shall be granted or denied
within 45 days of submission of a complete application to the Administrative
Officer, or within such further time as may be consented to by the
applicant. Failure of the Site Plan Subcommittee or the Planning Board
to act within the period prescribed shall constitute minor site plan
approval.
G. The Site Plan Subcommittee or the Planning Board may
require the filing of an amended application, which shall proceed
as in the case of the original application. No additional application
fee shall be required. The time within which the Subcommittee or Board
shall review the amended application and make its determination shall
commence as of the date of the filing of the amended plat. If the
applicant fails to submit an amended application within the original
time for review authorized by this chapter, the Subcommittee or Board
shall be obligated to act on the original application. If, at the
discretion of the Subcommittee or Board, the change or changes are
considered minor in nature, the applicant may be given approval subject
to the submission of an amended plan indicating the changes.
H. Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3, the Subcommittee
or Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to thereon
act within the required time period.
I. The zoning requirements and general terms and conditions,
whether conditional or otherwise, 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 or the Subcommittee
shall grant an extension of this period for a period determined by
the Board or the Subcommittee 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 approvals. An applicant shall apply for
this extension before what would otherwise be the expiration date,
or the 91st day after the applicant receives the first legally required
approval from other governmental agencies, whichever occurs later.
J. Lands resulting from minor subdivisions. No applicant
shall be entitled to approval of a minor site plan for any land that
has received minor site plan approval within 24 months immediately
preceding the minor site plan application.
K. Minor site plan applications and plans shall be designed in accordance with current Township regulations and design standards and in strict accordance with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the Planning Board. For initial consideration by the Planning Board, prior to the granting of minor site plan approval, the minor site plans shall show or be accompanied by sufficient information to establish the design, arrangement and dimension of all plan features as to form, size and location. The information shall form the basis for the general terms and conditions upon which minor site plan approval may be granted and shall include all of the information stipulated in §
33-33 of Chapter
33, entitled "Land Use Procedures," and as set forth in the checklist attached hereto as "Minor Site Plan Checklist," in Schedule A attached hereto.
[Amended 10-16-2001 by Ord. No. 2001-10]
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.
Any person, firm or corporation violating any
provision of this chapter shall, upon conviction thereof before a
court of competent jurisdiction, be subject to a fine not exceeding
$500 or imprisonment in the county jail for a period not exceeding
90 days, or both.
This chapter shall be construed in para materia with Chapter
33, Land Use Procedures, Chapter
158, Subdivision of Land, and Chapter
185, Zoning, which ordinances together constitute the land use regulations of this municipality and shall be liberally construed to effectuate the purposes thereof.
[Added 7-2-2007 by Ord. No. 2007-09]
A. The Planning Board shall have authority to review
and approve general development plans for planned developments. The
Planning Board shall also have the authority to recommend to the governing
body the terms and conditions of planned development developers' agreements
with the governing body, which shall meet the requirements of the
Township of Hardyston governing body and which may address a variety
of issues as authorized in the Municipal Land Use Law, case law or
other laws of the state or United States of America.
B. General development plans shall include all of the information which municipalities are authorized to require pursuant to the MLUL, particularly the provisions and contents set forth in N.J.S.A. 40:55D-45.2, entitled "General Development Plan Contents." The Planning Board shall have the authority to waive submission of any of the provisions of this section requirement. The submission for completeness shall be in accordance with the attached checklist, which shall be added to the checklists attached to Chapter
33.