[1]
Editor's Note: Original Art. XII, Critical Areas, as added 11-19-1987 by Ord. No. 16-87, was repealed 3-15-1989 by Ord. No. 4-89. See now Art. XV, Environmentally Sensitive Areas, of Ch. 207.
Additionally, the provisions of this article were moved to this chapter from original Ch. 90, Zoning, 3-21-1991 by Ord. No. 3-91.
[Amended 5-21-1981 by Ord. No. 6-81]
Prior to the issuance of a building permit or certificate of occupancy for any use other than a single one-family dwelling not requiring major site grading, the Planning Board shall review a site development plan of the proposed construction and use and shall ascertain that all the requirements of this chapter are complied with. The applicant shall file with the Secretary of the Planning Board 16 copies of site plans accompanied by two copies of the completed application forms, together with the requisite fees pursuant to § 47-10 of Chapter 47 of the Code of the Borough of Kinnelon, at least 14 days before the date of the monthly work session of the Planning Board at which consideration is desired. Site plans for single one-family residential dwellings shall be submitted to the Construction Official for review and approval.
A. 
Application for site plan approval shall be accompanied by a filing fee in accordance with the following schedule:
Type of Application
Fee
Existing uses:
All commercial and limited industrial not involving site grading
$75.00
Residential, existing plats requiring site grading review, per lot
$37.50
New construction:
All commercial and limited industrial
$375.00
Multiple dwellings, per occupancy unit
$ 75.00
Resubmission for review to ensure compliance with the Borough Code
$150.00
B. 
The inspection fee shall be 5% of the estimated cost, as determined by the Planning Board Engineer, of all required improvements. The reinspection fee shall be $50. The foregoing shall be used by the municipality for all reasonable inspection fees paid to the Planning Board Engineer for inspection of improvements to be installed by the developer.
[Added 7-17-1980 by Ord. No. 8-80]
The site plan shall be prepared by a New Jersey licensed professional engineer and shall be drawn to a scale of not more than one inch equals 50 feet and shall show the following:
A. 
All lot line dimensions.
B. 
Building setback, side line and rear yard distances.
C. 
Location of all proposed buildings.
D. 
Location of off-street parking areas, with dimensions, showing parking spaces, loading docks, access drives, traffic circulation and the location and description of any lighting in connection with the parking area.
E. 
Location and description of all proposed signs.
F. 
Type of surface, paving, curbing, sidewalks, storm drainage facilities, water mains and sanitary sewer lines.
G. 
All landscaping, fences, walls or similar facilities to be provided and all specific areas where existing trees are to be removed, with the location of all trees having a diameter of four inches or more, measured four feet above the grade therein.
H. 
Location of all structures within 200 feet of the property.
I. 
The first-floor elevation of all buildings.
J. 
Existing topography with two-foot contour intervals, proposed topography with two-foot contour intervals and all existing streams and watercourses.
K. 
Environmental data required. In addition to other data required as part of a site plan, the following shall be submitted:
[Added 4-16-1987 by Ord. No. 7-87; amended 6-18-1987 by Ord. No. 10-87; 11-19-1987 by Ord. No. 16-87; 10-20-1988 by Ord. No. 16-88; 5-18-1989 by Ord. No. 9-89]
(1) 
A topographic map, at a minimum scale of one inch equals 50 feet, showing two-foot contours, shall contain:
(a) 
Topography information.
[1] 
The following ranges of slope:
[Amended 3-19-1992 by Ord. No. 2-92]
[a] 
Zero percent 0 to 15%.
[b] 
Fifteen and one-tenth percent to 20%.
[c] 
Twenty and one-tenth percent to 25%.
[d] 
Twenty-five and one-tenth percent to 30%.
[e] 
Thirty and one-tenth percent to 35%.
[f] 
Over 35.1%.
[2] 
Said topography information shall be based on actual field surveys or other equally reliable sources.
(b) 
All flood hazard areas, lakes, ponds, marshes, bogs, swamps, brooks and perennial and intermittent streams, whether natural or man-made.
(c) 
A wetlands delineation line prepared by a qualified expert and verified in a letter of interpretation by the New Jersey Department of Environmental Protection (NJDEP).
(2) 
A map as per Subsection K(1)(b) and (c) above containing soil data from the Soil Survey of Morris County (United States Department of Agriculture, Soil Conservation Service) showing each soil type and soil symbol.
(3) 
The above mappings shall include each proposed lot and lot area meeting the minimum lot size requirement. Lot area is to be calculated pursuant to the requirements set forth in the Article X of Chapter 207 of the Code of the Borough of Kinnelon.
In reviewing such site development plan, the Planning Board shall ascertain that all of the following requirements are complied with:
A. 
The provisions of this chapter with respect to height, minimum size of the lot, maximum area, mandatory open spaces, front yards, side yards and rear yards shall be complied with.
B. 
The applicant shall comply with Section 3 of the Morris County Land Development Standards prior to review by the municipal approving authority of applications for development along county roads.
C. 
Adequate provision shall be made of off-street parking and loading, in accordance with § 207-11 of the zoning regulations, to ensure proper traffic circulation and protection to adjoining property.
D. 
The design or construction of the building shall not involve or be likely to involve risks of traffic congestion, public safety or hazard.
E. 
The design or construction of any building or use shall not be so incongruous with the character of the neighborhood as to adversely affect the value of adjacent or nearby properties.
F. 
No smoke, fumes or objectionable odors or noises shall be emitted from any building or use.
G. 
An area shall be provided which is concealed from the customer's parking area and from adjacent property for the orderly deposit and pickup of trash and garbage.
H. 
The removal of any tree over four inches in diameter must be approved by the Planning Board. Soil removal and/or backfilling shall not be permitted within six feet of any tree not approved for removal, unless brick or stone retaining walls are constructed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, prepared by the New Jersey State Soil Conservation Committee, as per the latest edition.
I. 
Those portions of all front, rear and side yards that are not used for off-street parking and loading shall be attractively planted with trees, shrubs, plants and grass lawns or left in a natural state, as required by the Planning Board. Special planting or a fence shall be provided along the side and rear property lines so that the parking and loading areas are not visible from adjacent residential property.
J. 
If the location of the site plan proposal is in an area subject to flooding, an area having slopes greater than 15% or in other critical areas, in the opinion of the Planning Board, an environmental assessment shall be required before consideration by the Planning Board.
K. 
Existing natural streams and watercourses which traverse the location of the site plan proposal shall not be encroached upon or altered, unless approved by the New Jersey Water Policy and Supply Council, and then only at the discretion of the Planning Board. If the encroachment does not fall under the jurisdiction of the New Jersey Water Policy and Supply Council, approval shall be subject to the discretion of the Planning Board.
L. 
All buildings and structures shall use renewable energy sources within the limits of practicability and feasibility.
[Added 9-16-1982 by Ord. No. 13-82]
A. 
Notice and public hearing. A public hearing shall be held on each site plan application filed with the Planning Board pursuant to § 176-28 of this chapter. Notice of such hearing shall be given pursuant to § 47-33 of Chapter 47 of the Municipal Code of the Borough of Kinnelon.
B. 
Preliminary site plan approval. Upon the submission of a complete application for a site plan which involves 10 acres of land or less, and 10 dwelling units 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. Upon the submission of a complete application for a site plan which involves more than 10 acres, or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan. The effect of preliminary approval shall be as set forth in N.J.S.A. 40:55D-49.
[Amended 7-17-1980 by Ord. No. 8-80]
C. 
Final site plan approval. Application for final site plan approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the developer.
D. 
If an application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein within 45 days of submission of such application, or it shall be deemed to be properly submitted.
[Added 7-17-80 by Ord. No. 8-80]
The Planning Board, when acting upon applications for preliminary site plan approvals, shall have the power to grant such exceptions from the requirements of site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
Prior to the issuance of a building permit or certificate of occupancy, the Planning Board shall require that the applicant enter into an agreement with the Borough for the posting of a performance guaranty up to 120% of the cost of any improvements. Ten percent of the performance guaranty shall be in the form of a certified check, and said guaranty shall ensure the installation of all off-site improvements within 18 months after the date of approval of the site plan.