The purpose of the site plan review shall be
to determine whether the proposed use, building, structure, development
or addition to any building, use, structure or development conforms
to the Revised Statues of the State of New Jersey, the resolutions
of the County of Camden, the Zoning Ordinance[1] and all other applicable regulations and to exercise the
powers granted to the Borough pursuant to the provisions of the Municipal
Land Use Law. Site plan review shall encourage adequate provision
for traffic and circulation, the provision of recreation and open
space, when required, the promotion of safety from fire and other
dangers, adequate provision for light and air, the promotion of good
design, the general purpose of guiding the development of the Borough,
and to best promote the health, safety, order, convenience and general
welfare, as well as efficiency and economy in the process of development,
and the maintenance of established property values.
[Amended 8-13-1991 by Ord. No. 7-91]
A.
Site plan review and approval by resolution of the
Planning Board shall be required as a condition for the issuance of
any permit for development. The resolution of the Board of Adjustment
shall substitute for that of the Planning Board whenever the Board
of Adjustment has jurisdiction over a site plan pursuant to Section
63b of the Municipal Land Use Law (P.L. 1975, c. 291).[1]
(1)
The following types of development shall be exempt
from site plan review and approval:
(a)
Subdivision or individual lot application for
detached one- or two-dwelling-unit buildings. Individual lot applications
for two-dwelling-unit buildings shall include a plot plan indicating
the existing and proposed parking spaces. The administrative officer
shall verify that the plan complies with the number of parking spaces
required by this article prior to issuance of a permit for development.
(b)
Accessory uses such as private garages not a
part of an apartment or townhouse project.
(c)
Applications for accessory buildings or other
buildings incidental to residential or agricultural use (except for
roadside stands for the sale of agricultural products.).
(d)
A sign for an existing use or structure which
meets all applicable zoning requirements.
(e)
Applications for building alterations to existing
structures which do not involve more than 1,000 square feet of additional
building area or additional building area greater than 25% of the
total square feet area of the existing structure, whichever is the
lesser, and which alterations do not involve any of the following:
(2)
This exemption, however, shall apply to only one application
for building alterations and shall not apply to a second or subsequent
application for building alterations to the same premises.
[1]
Editor's Note: See N.J.S.A. 40:55D-76b.
B.
Notwithstanding the exemption from site plan review
and approval for individual lot applications for detached one- or
two-dwelling-unit buildings, all applications for building permits
for detached one- or two-dwelling-unit buildings shall include a plat
plan which includes the following:
(1)
The location, floor area and dimensions of the dwelling
and any accessory structures.
(2)
Locations of existing and proposed utility lines and
services and the type of materials to be used.
(3)
The current zoning and setback requirements.
(4)
Existing topography and proposed contours at on-foot
contour intervals with existing and proposed spot elevations along
the edge of the roadway, at all property corners, along the corners
of the buildings, along the proposed driveways, swales, watercourses,
drainage pipes and structures, building floor and building sewer line.
(5)
The location and construction of the proposed driveway.
(6)
The location and type of all trees larger than eight
inches in diameter.
(7)
Outbound information and north arrow.
(8)
The scale of the plat plan shall be at a scale of
no less than one inch equals 30 feet.
[Amended 8-13-1991 by Ord. No. 7-91]
A.
Site plan review and approval must be obtained prior
to the conversion of any use to any other use even though no new construction
is planned when the conversion occurs, except that site plan review
shall not be required for a conversion in use from a nonconforming
use to a permitted use or from one permitted use to another permitted
use which does not involve or require:
B.
The purpose of the Planning Board review shall be
to determine that the new use will conform to all appropriate municipal
regulations and to assure that the existing facilities shall be adequate
for the proposed use.
[Amended 8-13-1991 by Ord. No. 7-91]
The following regulations shall apply to applications
for preliminary site plan approval or minor site plan approval as
defined by this chapter:
A.
The applicant shall submit 10 copies of the site plan
to the Planning Board Secretary at least 20 days prior to the next
regularly scheduled meeting of the Planning Board.
B.
The Board Secretary shall, immediately upon receipt,
note the date of receipt, mark the documents "filed" and assign a
file number. Once a file number has been assigned, such number must
be placed by the applicant on all papers, maps, plats and other documents
submitted.
C.
The Board Secretary shall immediately forward one
copy of all items submitted by the applicant to the Board Engineer
and three copies of the site plan to the County Planning Board if
the proposed development shall have any impact on a county facility.
D.
The Board Engineer shall review all aspects of the
application for development, including a review as to the completeness
of the application and as to whether the application conforms to the
definition of "minor site plan."
E.
Upon receipt of the Board Engineer's report and within
the applicable time period, the Board shall first determine that a
complete application has been submitted in accordance with this chapter
and whether the application conforms to the definition of "minor site
plan." A review as to completeness and/or approval may be done simultaneously,
or the latter review may be deferred pending submission of a complete
application.
F.
If the application is found by the Board to conform
to the definition "minor site plan," and to be complete, the Board
shall proceed to waive notice and public hearing.
G.
Approval.
(1)
The Board shall act upon the application upon being
satisfied that it has sufficiently reviewed the application, that
its professionals have adequately reviewed the application, that the
applicant has had sufficient opportunity to present his request to
the Board and that the interests of other interested persons have
been considered. In all cases, however, an application for minor site
plan approval or for preliminary approval for a site plan for 10 acres
of land or less or 10 units or less shall be granted or denied by
resolution of the Board within 45 days of the date of determination
that a complete application was submitted to the Board or within such
further time as may be consented to by the applicant. In the case
of an application for preliminary site plan approval for a site plan
of more than 10 units or more than 10 acres, the Planning Board shall
grant or deny preliminary approval within 95 days of the date of determination
that a complete application was submitted to the Board or within such
further time as may be consented to by the applicant. Otherwise, the
Planning Board shall be deemed to have granted minor site plan approval
or preliminary approval of the site plan, as applicable.
(2)
Minor site plan approval shall be deemed to be a final
approval by the Board.
(3)
If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the developer that 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. The Planning Board shall, if the proposed
development complies with this chapter and the Municipal Land Use
Law,[1] grant preliminary site plan approval.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(4)
Whenever review or approval of the application by
the Camden County Planning Board is required by N.J.S.A. 40:27-6,
the Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the Camden County
Planning Board or the approval by its failure to report thereon within
the required time period.
H.
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.
I.
Any preliminary site plan application or minor site
plan application submitted under the provisions of this chapter shall
include the following:
(1)
A completed application form and the payment of the
application fee.
(2)
A true and accurate plot plan at a scale of not less
than one inch equals 50 feet, or in the case of an area of 50 acres,
the plot plan may be drawn to a scale of one inch equals 100 feet.
All submissions must be on a uniform sheet size.
(3)
The zoning classification of the property, the tax
plate and block and lot numbers, the tract name and the owner of record
as listed in the official tax book.
(4)
The location of any proposed buildings, structures,
open spaces and park or recreation areas if the use is residential.
(5)
Soil Conservation Service soil classification.
(6)
Acreage of the tract to the nearest 10th of an acre.
(7)
Contours at a two-foot-interval maximum. Contours
should be referenced to United States Geological Survey datum, extended
200 feet beyond the lot lines where possible and necessary.
(8)
The location of watercourses and their extent, surface
elevation, depth and their floodplains and all environmentally sensitive
areas, wetlands and wetlands transition areas.
(9)
All lot lines, setback lines, railroads and their
rights-of-way, the location of and purpose of any easements and underground
or overhead utility lines of any street which abuts the property and
site triangle easements.
(11)
A parking and circulation plan showing the location
and arrangement of vehicular accessways and the location, size and
capacity of all parking and loading areas.
(12)
A complete landscape plan, including size and
type of all plantings.
(13)
Pavement construction detail.
(14)
A drainage plan containing the following:
(a)
The size, location and slope of any existing
or proposed pipes.
(b)
The size, type, invert elevation and location
of any existing or proposed drainage inlets.
(c)
The disposition of all off-site drainage.
(d)
Proposed contours, with intervals of one foot,
where slopes are more than 3% but less than 15% or more. The location
of any ditches, swales, berms or streams shall also be shown.
(e)
The drainage calculations to substantiate the
capacity of the storm drainage system.
(15)
Curbs, sidewalks and all other areas devoted
to pedestrian use.
(16)
The building's front, side and rear elevations
and floor plan.
(17)
Key map showing the location of the site within
the Borough.
(18)
The site lighting plan.
(19)
A copy of any protective covenant or deed restrictions
applying to the tract to be developed shall be submitted along with
the site plan.
(20)
An environmental impact statement.
(21)
Location, dimensions and type of trash enclosure.
(22)
Any other information which is deemed to be
necessary for the review of the site plan by the Planning Board.
[Added 8-13-1991 by Ord. No. 7-91]
A.
An applicant may request and the Planning Board shall
grant an informal review of a concept design plan for which an applicant
intends to prepare and submit an application for development.
B.
A concept design plan and supporting documents for
a proposed development shall constitute the material to be officially
submitted to the Planning Board. Said plans and supporting documents
shall show a general informal design of the development and its public
improvements so that the Board can indicate its approval or disapproval
of the concept. Approval of the concept design does not constitute
an approval of the concept or plan, nor shall it be considered a valid
basis for the construction of improvements or for other commitments
which depend upon its design characteristics. Neither the applicant
nor the Board shall be bound by the plan for review.
C.
Should such requests be made by the applicant, submission
shall be made to the Planning Board Secretary, and the applicant shall
submit 10 copies of the concept design plan of the proposed development
to the Planning Board Secretary who shall forward one copy of the
concept design plan to the Board Engineer for his review and comment.
The concept design plan shall be submitted 14 days prior to the next
regularly scheduled meeting of the Planning Board.
D.
Along with the concept design plan and supporting
documents, the applicant shall submit a fee of $300 for the informal
review of the application for development. Said moneys shall be placed
in escrow by the Board and may be used to cover the cost of professional
services incurred by the Board for the review of the concept plan,
including legal and engineering or other incidental expenses of the
Board. Should the applicant subsequently submit a formal application
for development, this fee shall be a credit toward the fees for review
of the application for development.
E.
The Board shall review with the applicant the concept
design plan within 45 days of the date of submission. Upon written
consent of the applicant, the time period for review shall be extended
for additional periods of time to allow for additional review. Failure
to review or to extend the review within the applicable time period
shall not constitute an approval by the Board.
F.
Upon the Board completing its review of the concept
design plan, it shall return all but one copy of the proposed concept
design plan and application to the applicant with any written suggestions.
In no event shall the concept design plan be considered to be a preliminary
plat for the purposes of deeming an application complete or approving
a preliminary plat.
[Amended 8-13-1991 by Ord. No. 7-91]
The following regulations shall apply to applications
for final site plan approval:
A.
Upon receiving preliminary site plan approval, a developer
shall become eligible to apply for final site plan approval.
B.
The applicant shall submit 10 copies of the site plan
to the Planning Board Secretary at least 20 days prior to the next
regularly scheduled meeting of the Planning Board.
C.
The Board Secretary shall, immediately upon receipt,
note the date of receipt, mark the document "filed" and assign a file
number. Once a file number has been assigned, such number must be
placed by the applicant on all papers, maps, plats and other documents
submitted.
D.
The Board Secretary shall immediately forward one
copy of all items submitted by the applicant to the Board Engineer
and three copies of the site plan to the County Planning Board if
the proposed development will have any impact on a county facility.
E.
The Board Engineer shall first review the items received
in order to report to the Board as to the completeness of the application.
Said Engineer shall also review the application to assure that it
conforms to the graphic standards of this chapter, the Zoning Ordinance,[1] the conditions imposed under the terms of preliminary
site plan approval and any other applicable municipal regulations.
F.
The Board Engineer shall, as expeditiously as possible,
report its findings, in writing, to the Board.
G.
Upon receipt of the Board Engineer's report, the Board
shall first determine whether a complete application has been submitted.
H.
From the date of determination of submission of a
complete application, the Board shall grant or deny final approval
of the application within 45 days or within such further time as may
be consented to by the applicant. Failure of the Planning Board to
act within the period prescribed shall constitute final approval,
and a certificate of the administrative officer as to the failure
of the Planning Board to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval herein required. Whenever review or approval
of a site plan application by the County Planning Board is required
by Section 8 of Chapter 285 of the Laws of 1968 (N.J.S.A. 40:27-6.6),
the Planning Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board or by its failure to report thereon within the required
time period.
I.
No building permit shall be issued and no construction
shall commence until the Building Inspector has received an approved
site plan bearing the signature of the Planning Board Secretary. No
certificate of occupancy shall be issued and no occupancy shall take
place until and unless all construction and required improvements
which are needed to service the lot and structure for which occupancy
is requested shall be completed in conformity with approved site plan
and any conditions required under the terms of site plan approval.
J.
Any final site plan application submitted under the
provisions of this chapter shall include the following:
(1)
A completed application form and the payment of the
application fee.
(3)
The following certifications:
|
Final site plan approval granted on _________________________
by the Borough of Oaklyn Planning Board.
| ||
|
| ||
|
Secretary
| ||
 | ||
|
| ||
|
I hereby certify that the engineering conditions
imposed on this application for final site plan approval have been
met.
| ||
|
Borough Engineer
| ||
A.
The applicant is responsible for including all data
required to enable the Planning Board and the agencies affiliated
with it to assure that the site plan will be in the best interests
of the public health, safety and general welfare of the Borough. Failure
to supply the information alluded to above shall be sufficient basis
for the disapproval of an application for building design and site
plan approval.
B.
Site plan review shall consider but not be limited
to the following:
(1)
Provisions to minimize any adverse effects that the
proposed project could have on the human or natural ecology of the
area.
(2)
Assurance that the proposed project shall comply with
the regulations of the state, county and Borough.
(3)
Parking and traffic control, including design requirements
for curbing, parking areas, driveways, pedestrian walkways and requirements
to further the best interests of the public health, safety and general
welfare.
(4)
The protection of the rights of adjoining property
owners.
(5)
Provisions for necessary utilities such as water,
sewers, gas and electric.
(6)
The stormwater collection and disposal system.
(7)
Noise abatement, odor and rodent control and trash
and garbage collection.
(8)
Provisions for soil erosion control.
[Amended 8-13-1991 by Ord. No. 7-91]
The Planning Board shall be empowered to require
that the applicant furnish a performance bond for any off-site or
on-site improvements shown on his site plan which will affect the
public interest for the purpose of guaranteeing the completion of
said improvements. An estimate of improvement costs shall be prepared
by the Borough Engineer in order to determine the amount of the performance
guaranty, which shall have been reviewed and have the approval of
the Borough Solicitor as to both form and amount prior to the issuance
of any permits. No permit shall be issued by the administrative officer
of the Borough prior to the applicant furnishing the performance bond
required by this chapter.
An application for the amending of an approved
site plan may be made by the applicant following the approval of his
site plan application by the Planning Board. Amendments shall be limited
to minor changes in the design of the proposed development and shall
not include any proposal for a different use of the property as defined
in this article. Applications for amendments to approved site plans
shall adhere to the following procedures:
A.
Applications shall be made in the form of a letter
to the Secretary of the Planning Board identifying the changes requested.
The letter shall be accompanied by three copies of a site plan detailing
the proposed site design change.
B.
The Secretary shall review the plans in order to ensure
that they comply with the requirements of this article and all appropriate
municipal regulations. He shall then submit the application for an
amendment to the site plan to the Planning Board for its action.
C.
The Planning Board shall either approve, approve with
conditions or disapprove the proposed amendment. In the event of a
disapproval, the reasons for the disapproval shall be stated during
the public meeting at which the action is taken. Disapproval may be
based on the Planning Board's decision that the scope of the proposed
change justifies the submission of a new application for building
design and site plan approval.
D.
In the event of approval with conditions, the plan
shall not become eligible to receive a building permit from the Planning
Board Secretary until such time as a site plan is submitted which
is revised to comply with the conditions imposed by the Planning Board.
E.
In the event of an approval or an approval with conditions
in which the applicant has submitted a site plan that has been revised
to conform to the requirements established by the Planning Board,
the Secretary of the Planning Board shall sign one copy of the approved
site plan and transmit it to the Building Inspector in order that
the applicant may apply for a building permit.
The construction proposed by a preliminary site
plan or final site plan approved by the Planning Board must be completed
within two years from the date upon which site plan approval was granted
by the Planning Board. Failure of the applicant to complete construction
within such period shall nullify and void the site plan approval granted
for the premises as if no site plan approval had ever been granted
for the plans, and said applicant will be in violation of this chapter
if any construction or excavation is undertaken or continued after
the expiration date of the two-year period from the date of approval.
The Planning Board may, upon good cause shown, extend the period specified
above for a reasonable period of time in order to avoid undue hardship
and unfairness.
The Planning Board, when acting upon applications
for preliminary site plan approval, shall have the power to grant
such exceptions from the requirements for site plan approval as may
be reasonable and within the general purpose and intent of the provisions
for site plan review and approval of an ordinance adopted pursuant
to this article, if the literal enforcement of one or more provisions
of the ordinance 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 conditional uses or 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. The longest time period
for action by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this section, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
The effects of final approval of site plan or
major subdivision shall be as follows:
A.
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
pursuant to this section, whether conditionally or otherwise, shall
not be changed for a period of two years after the date of final approval.
If the developer has followed the standards prescribed for final approval,
the Planning Board may extend such period of protection for extensions
of one year but not exceed three extensions.
B.
In the case of a site plan for 150 acres or more, the Planning 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 Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply thereafter for, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential 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.
