In reviewing any site plan, the Board shall
consider:
A. 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, and movement
of people, goods and vehicles from access roads within the site, between
buildings, and between buildings and vehicles. The reviewing 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 and from the site.
B. The design and layout of buildings and parking areas.
Particular attention shall be given to safety and fire protection,
impact on surrounding development and impact on contiguous and adjacent
buildings and lands and compatibility of proposed uses with existing
surrounding uses.
C. Adequate lighting to ensure safe movement of persons
and vehicles and for security purposes. Lighting structures shall
be approved by the reviewing Board. Directional lights shall be arranged
so as to minimize glare and reflection on adjacent properties.
D. Buffering located around the perimeter of the site
to minimize vehicle headlight, glare, 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 as part of the overall site plan design
and integrated into building arrangements, topography, parking and
buffering requirements.
F. Signs that are 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. Storm drainage, sanitary waste disposal, water supply
and garbage disposal. 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. Garbage disposal
shall be adequate to ensure freedom from vermin and rodent infestation
and shall be adequately screened from public view.
H. Environmental elements relating to soil erosion, preservation
of trees, protection of watercourses and resources, noise, topography,
soil and animal life.
[Amended 7-13-2020 by Ord. No. 2020-10]
A. The applicant shall submit an original application package with all
required signatures, along with 15 copies of their complete application
to the administrative officer of the reviewing Board at least 15 calendar
days prior to a scheduled Board meeting in order to be considered
for that meeting. The time for the Board's review shall not begin
to run until the submission of a complete application with the required
fee. Unless the applicant is informed, in writing, by the administrative
officer of the reviewing Board within 45 days of the actual submission
of the application that it is incomplete, said application shall be
deemed complete as of the date it was submitted.
B. A complete application for preliminary approval shall also consist
of the following:
(1) A properly completed land use development application (in a form
time to time modified and approved by the Township).
(2) An affidavit of noncollusion.
(3) For applicants organized as a corporation, partnership, or limited
liability company, an ownership disclosure statement.
(4) In the original application package only, a request for a list of
property owners within 200 feet of the property or properties described
in the application.
(5) The appropriate completeness checklist that pertains to the application
type, to be accompanied by all additional information required by
the checklist.
(6) The required application and escrow fees, to be submitted in the
original application package only along with a completed fee calculation
worksheet and signed fee agreement.
(7) A site plan on which the following is set out:
(a)
The name and title of the application, owner and person preparing
the map.
(b)
A place for the signatures of the Chairman and Secretary of
the Planning Board or Zoning Board of Adjustment.
(c)
A place for the signature of the Township Engineer.
(d)
Tax Map lot and block numbers.
(e)
The date, scale and North sign.
(f)
A key map of the site with reference to surrounding areas and
to existing street locations within 500 feet.
(g)
The zone district in which property in question falls, zone
district of adjoining properties and all property within a radius
of 200 feet of the property in question.
(h)
The names of owners of all abutting properties.
(i)
The dimensions of the lot, setbacks, front yard, side yards
and rear yard and size, kind and location of fences.
(j)
Rights-of-way, easements and all lands to be dedicated to the
municipality or reserved for specific uses on the site and on adjacent
property within 50 feet of the lot lines of the site.
(k)
The bearings and distances of the entire property in question,
even though only a portion of said property is involved in the site
plan.
(l)
The outside dimensions of existing and/or proposed principal
buildings and all accessory structures on the site.
(m)
The location and dimension of signs (separate application required).
(n)
Plans of off-street parking area layout and off-street loading
facilities showing the location and dimensions of individual parking
spaces, loading areas, aisles, traffic patterns and driveways for
ingress and egress.
(o)
All driveways and streets within 200 feet of the proposed ingress
and egress of the site.
(8) The following information may be required by the reviewing Board
if the proposed development impacts upon adjacent properties:
(a)
The outside dimensions of existing buildings on adjacent property
within 50 feet of the lot lines of the site.
(b)
The location, dimensions and details of exterior lighting, including
types of structures, location, radius of light and intensity in footcandles.
(c)
The significant existing physical features, including streams,
watercourses, rock outcrops, swampy soil, etc., on the site and on
adjacent property within 50 feet of the lot lines of the site.
(d)
The storm drainage plan showing location of inlets, pipes, swales,
berms and other storm drainage facilities, including roof leaders,
with existing and proposed runoff calculations.
(e)
All existing and proposed curbs and sidewalks on the site.
(f)
All existing and proposed utility lines within the site, including
water, gas, sewer, electric and storm sewer.
(g)
The typical floor plans and elevations and preliminary architectural
plans.
(h)
The existing and proposed water supply and sanitary sewerage
disposal systems.
(i)
The method of solid waste disposal and storage.
(j)
If in a floodplain, existing and proposed spot elevations based
upon the United States Coastal Geodetic datum at all floor levels,
center lines of abutting roads, property corners and other pertinent
locations.
(k)
The existing and proposed contours of the site at two-foot intervals.
(l)
The location of all existing trees eight inches in diameter
or larger or tree masses, indicating general sizes and species of
trees on the site.
(m)
The landscaping and buffering plan showing what will remain
and what will be planted, indicating names of plants and trees and
dimensions of new materials.
(n)
Soil erosion and sedimentation controls.
(o)
Construction cost estimates.
(p)
Photographs of the site and/or existing buildings to facility
the Board's review process.
C. All applications for site plan approval on county roadways shall
be submitted to the County Planning Board for its review and recommendations
and, where applicable, approval. If the County Planning Board has
failed to grant or deny approval of the site plan at the time of approval
of the applicant's application by the Township reviewing Board, such
approval shall be conditional on approval of said site plan by the
County Planning Board.
D. A soil erosion and sedimentation control plan certified pursuant
to N.J.S.A. 4:24-39 seq., shall be submitted by the application or
the application shall furnish proof that such a plan is not required
by said statute for the particular application. If the necessary certification
of the erosion plan is not available at the time of approval of the
applicant's site plan, approval shall be conditioned on certification
of the applicant's erosion plan.
E. The following items must be submitted to the appropriate Township
department by the applicant:
(1) To the Township Tax Collector, a property tax certification.
(2) To the Mount Holly Municipal Utilities Authority, a letter of satisfaction.
(3) Where applicable, to the Township Clerk, a business license certification.
Due notice pursuant to N.J.S.A. 40:55D-12 and
a public hearing shall be held on all applications for site plan approval
involving the following:
A. Applications in conjunction with variance and conditional
use applications.
B. Applications providing for five or more off-street
parking spaces in residential zones.
C. Applications on sites of 10 acres or more.
[Amended 4-27-2020 by Ord. No. 2020-7]
A. For the purpose of assuring the installation and maintenance of bondable
land development improvements, as a condition of all final site plan,
subdivision, and/or zoning permit approvals, the Board and/or Zoning
Officer shall require, as appropriate, and the Township Council shall
accept, in accordance with the standards adopted hereinafter:
(1) The furnishing of a performance guarantee in favor of the Township
in an amount not to exceed 120% of the cost of the installation of
only those improvements required by an approval or developer's agreement,
ordinance, or regulation to be dedicated to a public entity, and that
have not yet been installed, which cost shall be determined by the
Township Engineer according to the method set forth in N.J.S.A. 40:55D-53.4
for the following improvements as shown on the approved plans or plat:
streets, pavement, gutters, curbs, sidewalks, street lighting, street
trees, surveyor's monuments, as shown on the final map, water mains,
sanitary sewers, community septic systems, drainage structures, public
improvements of open space, and any grading necessitated by the preceding
improvements.
(2) The furnishing of a performance guarantee in favor of the Township
to include, within an approved phase or section of a development privately-owned
perimeter buffer landscaping, as required by local ordinance or imposed
as a condition of approval.
(3) The furnishing of a safety and stabilization guarantee to return
the property to a safe and stable condition or to otherwise implement
measures to protect the public from access to an unsafe or unstable
condition. The amount of such a guarantee shall be $5,000 where the
overall bonded improvements are $100,000 or less. Where the overall
bonded improvements are $100,000 or more, then the Township Engineer
shall calculate the bond amount in accord with the following: $5,000
for the first $100,000 of bonded improvement costs, plus 2.5% of bonded
improvement costs in excess of $100,000 up to $1,000,000 plus 1% of
bonded improvement costs in excess of $1,000,000.
(4) The furnishing of a temporary certificate of occupancy guarantee
in the amount of 120% of the cost of installing the remaining improvements,
not covered by an existing performance guarantee, that are required
to be completed before the issuance of a permanent certificate of
occupancy. The scope and amount of such a guarantee will be determined
by the Township Engineer.
(5) Upon the inspection and issuance of final approval of the following
site improvements by the Township Engineer, the furnishing of a two-year
maintenance guarantee in favor of the Township in an amount not to
exceed 15% of the cost of installation of the improvements that were
subject of a performance guarantee and the following site improvements:
stormwater management basins, in-flow and water quality structures
within the basins, and the out-flow pipes and structures of the stormwater
management system, if any, which cost shall be determined by the Township
Engineer according to the method of calculation set forth in N.J.S.A.
40:55D-53.4 for any and all bondable items as permitted therein.
B. In the event that other governmental agencies or public utilities
will automatically own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Township for such utilities or improvements.
C. If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Township for the reasonable cost of the improvements
not completed or corrected, and the Township may either prior to or
after the receipt of the proceeds thereof complete such improvements.
Such completion or correction of improvements shall be subject to
the public bidding requirements of the Local Public Contracts Law,
N.J.S.A. 40A:11-1, et seq.
D. All improvements shall be in accordance with the design standards
of the Township Code or as authorized by a design exception granted
by the reviewing board and shall be subject to inspection and approval
by the Municipal Engineer. The Municipal Engineer shall be notified
24 hours prior to the start of the various phases of the work, and
if discontinued, shall again be notified when the work will be continued.
E. Release or reduction of performance guarantee.
(1) Upon substantial completion of all required improvements, the obligor
may request of the governing body, in writing, by certified mail addressed
in care of the Township Clerk, that the Township Engineer prepare,
in accordance with the itemized cost estimate prepared by the Township
Engineer and appended to the performance guarantee pursuant to this
chapter, a list of all uncompleted or unsatisfactorily completed improvements.
If such a request is made, the obligor shall send a copy of the request
to the Township Engineer. The request shall indicate which improvements
have been completed and which improvements remain uncompleted in the
judgment of the obligor. Thereupon the Township Engineer shall inspect
all improvements covered by the obligor's request and shall file a
detailed list and report, in writing, with the Township Council, and
shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request.
(2) The list prepared by the Township Engineer shall state, in detail
with respect to each improvement determined to be incomplete or unsatisfactory,
the nature and extent of the incompleteness of each incomplete improvement
or the nature and extent of, and remedy for, the unsatisfactory state
of each completed improvement determined to be unsatisfactory. The
report prepared by the Township Engineer shall identify each improvement
determined to be complete and satisfactory together with a recommendation
as to the amount of reduction to be made in the performance guarantee
relating to the completed and satisfactory improvement, in accordance
with the itemized cost estimate prepared by the Municipal Engineer
and appended to the performance guarantee pursuant to this chapter.
(3) The Township Council, by resolution, shall either accept the improvements
determined to be complete and satisfactory by the Township Engineer,
or reject any or all of these improvements upon the establishment
in the resolution of cause for rejection, and shall approve and authorize
the amount of reduction or release to be made in the performance guarantee
relating to the improvements accepted, in accordance with the itemized
cost estimate prepared by the Township Engineer and appended to the
performance guarantee pursuant to this chapter. This resolution shall
be adopted not later than 45 days after receipt of the list and report
prepared by the Township Engineer. Upon adoption of the resolution
by the Township Council, the obligor shall be released from all liability
pursuant to its performance guarantee, with respect to those accepted
improvements, except for that portion sufficient to secure completion
or correction of the improvements not yet accepted; provided that
30% of the amount of the performance guarantee posted may be retained
to ensure completion and acceptability of all improvements. If any
portion of the required improvements is rejected, the Township shall
require the obligor to complete or correct such improvements, and,
upon completion or correction, the same procedure of notification,
as set forth in this section, shall be followed.
(4) The obligor shall reimburse the Township for all reasonable inspection
fees paid to the Township Engineer for the foregoing inspection of
improvements; provided that the municipality may require of the developer
a deposit for the inspection fees in an amount not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements, which cost shall be determined pursuant to N.J.S.A.
40:55D-53.4.
F. In the event that final approval is by stages or sections of development
pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-38), the provisions of this section shall be applied by stage
or section.
G. To the extent that any of the improvements have been dedicated to
the Township on the subdivision plat, site plan and/or zoning permit,
the municipality shall be deemed, upon the release of any performance
guarantee required hereunder, to accept dedication for public use
any improvements made thereunder, provided that such improvements
have been inspected and have received final approval by the Township
Engineer.