[Amended 3-11-1980; 12-13-2001 by Ord. No. 2001-21]
A. 
Site plan review and approval shall be required as a condition precedent to the issuance of a permit for any development, except that individual lot applications for a detached one-family dwelling unit building shall be exempt from site plan approval.
B. 
No use of any kind shall be established, enlarged, extended or changed whatsoever without the owner of the premises having first obtained a zoning permit from the Zoning Officer after favorable review by the Planning Board of a site plan covering the proposed use; provided, however, the owner may seek a waiver of formal site plan review as described in Subsection C below.
C. 
Whenever the owner of a property seeks permission to change the use of one permitted nonresidential use to another permitted nonresidential use within a similar category of nonresidential uses, an application may be made to the Zoning Officer an a form approved by the Planning Board seeking an administrative review of the proposed change of use and a determination by the Zoning Officer as to whether or not site plan review is required. The information submitted by the applicant must be sufficient in detail and scope to enable the Zoning Officer to make an informed decision as to the nature, quality and extent of the proposed use change, and any zoning permit issued as part of the waiver process shall be limited to the use described in the application. Such waiver may be granted by the Zoning Officer if he/she is able to make the following determinations:
(1) 
Adequate information has been submitted by the applicant with the consent of the owner of the property to enable the Zoning Officer to make an informed decision as to the nature, quality and extent of the existing use and proposed use.
(2) 
The existing use is a permitted use in the zone in which it is located and is in conformity with the Borough Land Use Ordinance.
(3) 
The legality of the existing use does not require a determination that the existing use is a lawful prior nonconforming use.
(4) 
The proposed use does not include any structural modifications to the structure or site other than installation of nonbearing interior walls.
(5) 
The proposed use does not require an increase in street parking or impervious coverage, and will not result in any increased volume or alteration of drainage flow.
(6) 
No additional outside lighting will be required.
(7) 
The proposed use does not represent a significant intensification of use as compared with the existing use, and there are no other changes which might reasonably require formal site plan review.
D. 
The Zoning Officer may request advice from the Planning Board Attorney and Engineer, if deemed necessary, and the professional fees related thereto shall be paid by the owner or applicant, as the case may be, together with the application fee necessary for this administrative review.
E. 
An interested party may appeal the decision of the Zoning Officer to the Planning Board pursuant to the provisions of § 194-67 of this chapter.
In the case of a site plan for a development which proposes construction over a period of years, the developer shall plan proposed stages so as to protect the interests of the public and of the residents, occupants and owners of the proposed development during the total completion of the development.
As a condition for site plan approval, the applicant must submit proof from the Borough Tax Search Officer or other designated official that no taxes or assessments for local improvements are due or delinquent on the property for which the site plan application is made.
A. 
The developer shall submit to the Municipal Clerk, at least 14 days prior to the regularly scheduled meeting of the approving authority, eight copies of a site plan, including the information required by § 194-40C, together with eight copies of a completed application form, and an application fee and a review and inspection fee computed in accordance with Article V. Upon receipt of the application and review and inspection fees, the application shall immediately be forwarded to the Borough Engineer. Seven copies of the site plan and application form shall be promptly forwarded to the Secretary of the Board, who shall retain four copies of each and distribute the remaining three copies to the Board Attorney, the Zoning Officer and the Board Chairman. Where approval is also required by the County Planning Board, one additional copy of the application and supporting maps and documents and one reverse line sepia shall be submitted and forwarded to that Board.
B. 
If the application for development is found to be incomplete, the developer shall be notified thereof by the Borough Engineer within 45 days of submission of the application to the Borough Engineer, or it shall be deemed to be properly submitted.
C. 
Upon determining that the application has been properly submitted, the Borough Engineer shall prepare and submit a report to the Planning Board.
[Amended 12-10-1996 by Ord. No. 96-14]
D. 
A hearing shall be scheduled and held not less than 10 days prior to the date that the Board is required to act pursuant to the terms of this chapter or the Municipal Land Use Law, including any extensions of time as may be consented to by the developer.
E. 
Except in cases of site plans involving 10 acres or less, notice of a hearing for the preliminary site plan review shall be given pursuant to Article V, § 194-27, hereof, its amendments and supplements thereto.
F. 
If the Board requires any substantial amendment in the layout of improvements proposed by the developer that may 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.
G. 
Upon submission of the 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. Upon the submission of a complete application for a site plan for 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 developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan. Where the Planning Board considers an application for a conditional use, its review shall include any required preliminary site plan review, and the time required for action by the Planning Board on the conditional use applications shall apply to preliminary site plan review.
[Amended 12-10-1996 by Ord. No. 96-14]
H. 
Preliminary approval of a site plan shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49 for a period of three years, except as provided in N.J.S.A. 40:55D-49d for an area of 50 acres or more.
A. 
The developer shall submit to the Municipal Clerk eight copies of a final site plan, including the information required by § 194-40C, together with eight copies of the completed application, eight copies of the site plan and an application fee pursuant to Article V, § 194-18. The application form shall be promptly forwarded to the Secretary of the Board, who shall make distribution of the same in accordance with the provisions of § 194-36A. Upon determining that the application has been properly submitted, the Borough Engineer shall prepare and submit a report to the Planning Board. Where County Planning Board approval is required, additional pages must be submitted as in § 194-36A.
[Amended 12-10-1996 by Ord. No. 96-14]
B. 
Final approval of the site plan shall be granted 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, if any, provided that minimal deviations may be permitted 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.
C. 
Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure to act within the period prescribed shall constitute final approval.
The Board, when acting upon an application for site plan approval, 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 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.
The Planning Board shall have the power to review and approve or deny site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings.
A. 
Site plans shall be submitted in accordance with the following schedules. The sizes of all maps and plans submitted in compliance with this chapter shall be of one of the following sizes:
(1) 
Fifteen inches by 21 inches.
(2) 
Twenty-four inches by 36 inches.
B. 
Sketch plan review. In keeping with the above intent, prospective developers are hereby encouraged, but not required, to informally submit preliminary sketches, reports and/or proposals for development to the Board for review and discussion (at duly constituted regular or special Board meetings). The following of such informal procedure shall not prejudice the developer's right to proceed subsequently as an applicant otherwise pursuant to the requirements of this chapter.
C. 
Preliminary site plan requirements.
(1) 
An application for preliminary site plan shall reflect the review and design guidelines in § 194-41 hereof.
(2) 
The preliminary site plan shall be drawn at a scale in accordance with the following table:
Area of Site
(acres)
Minimum Scale
Less than 40
1 inch = 100 feet
Over 40
1 inch = 200 feet
(3) 
The plan shall include the following data:
(a) 
The name and address of the applicant and the owner and the name, address and title of the person preparing the plan and maps, including appropriate map titles and accompanying data.
(b) 
The acreage, Municipal Tax Map lot and block numbers and tax sheet numbers of the lot or lots.
(c) 
A key location map showing the site and its relationship to surrounding areas, and zone boundaries within a minimum of 1/4 mile.
(d) 
A date, graphic scale and North arrow.
(e) 
All existing, proposed and minimum required setback dimensions, landscaped areas, fencing and trees over four inches in diameter, except that where trees are in mass, only the limits thereof if proposed to remain need be shown, or if proposed for removal, only trees over nine inches in diameter need be shown.
(f) 
All existing and proposed signs, utility poles and their size, typo of construction and location.
(g) 
The existing and proposed principal building or structure and all accessory buildings or structures, if any, approximate floor areas of said buildings and approximate finished grade elevations at all corners of said buildings.
(h) 
The location of all existing buildings, drainage and parking areas within 200 feet of the lot.
(i) 
Existing topography depicted by contours at two-foot intervals based upon New Jersey Geodetic Control Survey datum and a general indication of proposed grading.
(j) 
The approximate location and size of all existing and proposed storm drainage facilities, plus all required preliminary design data supporting the adequacy of the existing or proposed facility to handle future storm flows and analysis of the capacity of the facility into which the stormwater will flow.
(k) 
An analysis of all existing and proposed utilities and an analysis of the capacity of the existing utilities to accept the proposed facility.
(l) 
The location of all existing and proposed sidewalks, driveways, fences, retaining walls, parking space areas and the layouts thereof, and all off-street loading areas, together with the dimensions of all the foregoing on the site in question and within 100 feet of said site.
(m) 
The estimated average number of automobiles and number and size or type of trucks or buses that will enter and leave the site each day and during the peak hours, including an analysis of the ability of the existing road system to accept the additional traffic volume.
(n) 
The location, size and nature of all existing and proposed rights-of-way, easements and other encumbrances which may affect the lot or lots in question, and the location, size and description of any lands to be dedicated to the Borough or to the county.
(o) 
The location, size and nature of the entire lot or lots in question, and any contiguous lots owned by the applicant or in which the applicant has a direct or indirect interest, even though only a portion of the entire property is involved in the site plan for which approval is sought; provided, however, that where it is physically impossible to show such entire lot or lots or contiguous lots on one map, a key map thereof shall be submitted.
(p) 
Plans and profiles of streets adjoining the property for a distance of 500 feet in either direction, including the location of driveways and intersecting streets and an indication of the maximum available sight distance.
(q) 
General nature and extent of proposed site lighting.
(r) 
The method of sewage disposal and water supply and preliminary design thereof.
(s) 
Proposed stages or development sections, if any, and the approximate schedule for implementing each stage or section.
(4) 
The plans shall be prepared by a professional engineer licensed to practice in New Jersey.
D. 
Final site plan requirements.
(1) 
An application for final site plan shall be substantially the same as the approved preliminary site plan or a stage or section thereof; however, it shall show final and detailed design and engineering which shall be designed in accordance with the review and design guidelines in §§ 194-41 and 194-42 hereof.
(2) 
The site plan shall be drawn at a scale not less than one inch equals 50 feet and not greater than one inch equals 10 feet; except that for land development plans that will require more than one sheet at this scale, a key map shall be included to show the entire tract and the detail sheet which shows each segment thereof.
(3) 
The plan shall include or be accompanied by the following data:
(a) 
The name and address of the applicant and the owner and the name, address and title of the person preparing the plan or, maps, including appropriate map and titles and accompanying data.
(b) 
Affidavit of the owner and other parties in interest that the site plan is submitted with their knowledge and consent.
(c) 
The Municipal Tax Map lot and block numbers of the lot or lots.
(d) 
A key location map showing the site and its relationship to surrounding areas, and zone boundaries within a minimum of 1/4 mile.
(e) 
The names of all adjoining owners.
(f) 
A date, graphic scale, North arrow and reference meridian on any map.
(g) 
The zone district in which the lot or lots are located, together with a delineation of the yard setback lines required in the zone district.
(h) 
An accurate boundary survey prepared and certified by a New Jersey licensed land surveyor. The survey shall be based on a field traverse with an error of closure of not less than one part in 10,000.
(i) 
The as-built principal building, improvements, structures and all accessory buildings and structures, if any, and finished grade elevations of all first floors and roofs, including roof structures.
(j) 
Architectural floor plans for each floor of the building or structure and elevations from all principal exposures of all buildings or structures on the sites, but not fewer than four, with the name, address and registration number of the licensed architect preparing the plans.
(k) 
Final topography of the lot with a maximum of two-foot contour intervals.
(l) 
All setback dimensions and minimum setback lines, fences and landscaped areas and trees as required by Subsection C(3)(e).
(m) 
A final landscape and planting plan. As a minimum, such plan shall spot the location of all existing plantings and shall contain a schedule, keyed to the plantings shown, calling out the type (common name and botanical name), size (height, spread and trunk diameter) at time of planting and quantity of all plantings shown on the plan.
(n) 
All existing as-built signs and lighting standards, including design calculation and indications of size, type of construction and location.
(o) 
The location, type and size of all existing catch basins and storm drainage facilities with profiles thereof.
(p) 
The location, type and size of all existing curbs, sidewalks, driveways, fences, retaining walls, parking space areas and the layouts thereof, and all off-street loading areas, together with the dimensions of all the foregoing on the site in question and within 100 feet of said site.
(q) 
The location, size and nature of all existing rights-of-way, easements and other encumbrances which may affect the lot or lots in question and the location, size and description of any lands to be dedicated to the Borough or to the county or other agency.
(r) 
The location and size of all sanitary sewer lines and profiles thereof.
(s) 
Location, size and type of all utility lines and structures, including but not limited to telephone, electric, water, sanitary sewer, gas and CATV, and letters from each that the facilities are adequate to serve the site development.
(t) 
The location, size and nature of remaining lands or contiguous lots in which the applicant has a direct interest.
(u) 
All proposed easements and public and community access.
(v) 
The location, size and type of all constructed off-site improvements.
(w) 
All points of vehicular ingress and egress for the site, indicating the size of driveways and sight triangles.
(x) 
Provision for refuse and garbage disposal.
(y) 
Location of all points in pedestrian access, including internal circulation patterns.
(z) 
Location and design of all fire prevention measures, including emergency lanes, hydrants, sprinkler and siamese connections and fire zones.
(aa) 
The number of units and number of tenants, employees, customers or occupants of each unit and a summary of the total number of each expected to be on the site each day.
(bb) 
The location of any feature directly on the property and beyond the property, if such feature has an effect on the use of said property.
(cc) 
As-built construction details of all site improvements.
(dd) 
Such information or data as may be required by the Board in order to determine that the details of the site plan are in accord with the standards of the ordinances of the Borough and preliminary approval.
(ee) 
A complete list of the site improvements, except principal and accessory buildings, by item, and the quantities thereof, as built.
(ff) 
Copies of all applicable local, state and federal approvals that were required by law.
(4) 
The plan shall be prepared and signed by a professional engineer licensed in New Jersey except for certification by other licensed professionals as required by this chapter or New Jersey law.
E. 
In addition to such requirements as may be enumerated above, all applications for preliminary and/or final site plan approval shall contain such information and details as required in the administrative and applicable technical checklists as provided in Schedule II, Checklists, as incorporated at the end of this chapter, for the purpose of completeness of the application, subject to such waivers as the Planning Board, in its discretion, shall permit.
[Added 9-10-2015 by Ord. No. 2015-10]
A. 
General design considerations. The following shall constitute the general design considerations for site plans which shall be adhered to by the applicant in preparation of site plans:
(1) 
Preservation of landscape. Landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of the neighboring developed areas. Adequate shade trees shall be provided.
(2) 
Relation of proposed buildings to environment. The proposed structure shall be related harmoniously to the land form (either natural or man-made) and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings.
(3) 
Drives, parking and circulation. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of vehicular and pedestrian traffic and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the design of proposed buildings and structures and the neighboring properties. Streets 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 coordinated so as to compose a convenient system consistent with the circulation element of the Master Plan.
(4) 
Surface water drainage. Special attention shall be given to proper site for stormwater detention and surface drainage so that the surface water will not adversely affect neighboring properties or the public storm drainage system. As much as possible, and except as may be modified by a stormwater management ordinance, surface runoff waters from the premises should not be caused by the proposed development to exceed within any storm period the peak rate of runoff which would occur on a lot or tract in its presently developed condition, provided that, if the lot is presently farmed, it shall be considered as pasture for purposes of determining rate of runoff increase.
(5) 
Utility service. Adequate water supply, sewerage facilities and other utilities necessary for essential services to residents and occupants shall be provided.
(6) 
Advertising features. The size, location, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures and the surrounding properties.
(7) 
Special features. Exposed storage tank areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing and contemplated site design and the surrounding properties.
(8) 
Open space. Open space development shall be provided in accordance with the provisions of the Zoning Article.[1]
[1]
Editor's Note: See Article VIII, Zoning.
(9) 
Application of design standards. The standards of review outlined above shall also apply to all accessory buildings, structures, freestanding signs and other site features.
B. 
Design standards. The following minimum design standards shall be required for all site improvements:
(1) 
Public streets.
(a) 
Improvement of the public street upon which the site fronts shall be required for the portion of the site to be developed. These improvements shall be as required by the Subdivision Article.[2]
[2]
Editor's Note: See Article VII, Subdivision of Land.
(b) 
Sight triangles shall be provided at the intersection of all driveways leading to and exiting from the site. These sight triangles shall be measured along the curbline of both the driveway and the intersecting street. The sight triangle shall be limited by a point measured 30 feet along the curbline of the driveway from the roadway curbline and a point on the intersecting roadway curbline which shall be located from the near curbline of the intersecting driveway in accordance with the following table:
Roadway Classification
Minimum Sight Distance
(feet)
Marginal access
200
Collector
275
Arterial
350
Others
400
(c) 
The sight triangle shall be clear of all obstructions from 20 inches above center-line grade to a point 120 inches above center line, except that utility poles and street trees shall be permitted, provided that they do not create a safety hazard.
(2) 
On-site improvements.
(a) 
Site lighting.
[1] 
Site lighting shall be provided in all areas accessible to the public in accordance with the following table:
Area
Average Maintained Footcandles
Parking lots:
Shopping centers
1.5 to 5
Retail businesses
1.0 to 4.0
Industrial
0.5 to 1.0
Residential, multifamily
0.4 to 1.0
Access driveways:
Shopping centers
2.0 to 3.0
Retail businesses
1.0 to 3.0
Industrial
1.0 to 3.0
Park area and pedestrian ways
0.4
Sidewalks
0.5
Intersections
2.0 to 5
Other areas
As determined by individual study
[2] 
In general, the areas most frequently utilized shall be more intensely lit, with lighting levels decreasing as usage decreases.
[3] 
All lighting shall be designed to meet the following minimum criteria:
[a] 
All lighting from fixtures shall be cut off at property lines adjoining residential areas and zones.
[b] 
Fixtures shall provide a cutoff so that the lamp or refractor is not visible from adjoining roadways or residential areas.
[c] 
Sky glow effects are prohibited.
[d] 
Maximum desirable luminaire mounting heights shall be 30 feet.
[e] 
A minimum uniformity ratio varying from 6 to 1 for the intensely lit areas to 10 to 1 for the remote areas. The uniformity ratio shall be the ratio of the average to minimum intensity.
(b) 
Storm drainage. All site plans shall incorporate adequate storm drainage facilities.
(c) 
Parking lot layout. Parking lots providing in excess of 50 parking spaces shall meet the following requirements:
[1] 
Driveways shall be separated from parking stalls and aisles by raised curbed islands which shall be a minimum of five feet wide.
[2] 
In every fifth row of parking, the opposing stalls shall be separated by raised curbed islands which shall be a minimum of four feet wide.
[3] 
At least one tree shall be planted within each island required herein.
[4] 
All islands required herein shall be landscaped and grassed.
(d) 
Landscaping. In addition to buffer and areas which may be required by the approving authority and ornamental shrubbery to be placed on the site, shade trees shall be placed in conformance with the following:
[1] 
Street trees as required by the approving authority shall be placed along all adjoining public roadways.
[2] 
Shade trees on the site shall be provided as required by this article in parking areas with more than 50 cars. At least 1/2 of these trees shall be planted in landscaped and curbed islands.
(e) 
Pedestrian access. In parking areas in excess of 100 parking stalls, sidewalks shall be constructed along all driveways and roadways as necessary to accommodate pedestrian travel parallel to the flow of traffic thereon.
(f) 
Fire protection. Notwithstanding the provision of fire codes and recommendations of fire personnel, the following shall apply:
[1] 
On all sites in excess of 10,000 square feet of building area, fire aisles shall be provided adjacent to all exposures of buildings. No automobile parking shall be permitted between the fire aisle and the building, except that parcel pickup areas will be permitted, provided that the designated area does not exceed 1/3 of the frontage of an individual business establishment. Pedestrian walkways and truck loading zones will be permitted between the fire aisle and the buildings.
[2] 
All fire aisles shall be a minimum of 30 feet in width.
[3] 
No portion of a structure shall be more than 600 feet from a fire hydrant.
(g) 
Grading. Grading shall be as required by the site construction. However, the following requirements shall be adhered to:
[1] 
Driveways. Driveways and roadways shall not exceed a maximum grade of 6% and shall not exceed a grade of 4% within 100 feet of the side line of an intersecting street.
[2] 
Parking areas. Parking areas shall be reasonably level but shall not exceed a maximum grade of 6% and shall be graded so that stormwater runs from aisles to parking stalls and does not cross drives or roadways in a concentrated flow.
[3] 
Maximum earthen slopes. Slopes shall not exceed a ratio of 1 1/2 horizontal to one vertical unless a slope stability analysis indicates to the contrary, provided that slopes which are in excess of 2 to 1 shall be fenced at the top with a four-foot-high fence, and slopes greater than 2 to 1 but less than 3 to 1 shall have a fence or protective vegetative screen or guardrail.
[4] 
All nonpaved areas shall be permanently stabilized to prevent erosion.
(h) 
Other improvements shall be made in accordance with the standards set forth in the Subdivision Article[3] or, in lieu thereof, as may be indicated.
[3]
Editor's Note: See Article VII, Subdivision of Land.
(3) 
Sidewalks required. All site plans shall include sidewalks along the frontage of all lots comprising the site in conformity with the standards and specifications as found at § 194-49B(5).
[Added 11-12-2020 by Ord. No. 2020-21]
[Amended 12-10-1996 by Ord. No. 96-14]
As a condition of final site plan approval, the Planning Board shall require and may accept in accordance with the standards of this chapter for the purpose of assuring the installation and maintenance of on-tract improvements, performance and maintenance guaranties, pursuant to the provisions of Article VII, § 194-49.
Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit or certificate of occupancy, as the case may be, shall, in addition to other violations prescribed by law, be construed to be a violation of this article and shall be grounds for the revocation of any building permit or certificate of occupancy, as the case may be. If the Building Inspector finds that any conditions of site plan approval have not been met, he shall give the applicant 10 days' written notice to comply with said conditions, and failure to comply within this ten-day period shall result in revocation of the building permit or certificate of occupancy, as the case may be. Such violations may, additionally or singly, also be prosecuted under § 194-44 hereof.
[Amended 8-10-2006 by Ord. No. 2006-20]
Any person, firm, or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in Article I of Chapter 1 of the Code of the Borough of Netcong.