[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro 9-3-1996 by Ord. No. 0.13.96. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Paulsboro Site Plan Ordinance." The purposes of this chapter are as follows:
To provide rules, regulations and standards to guide the development of lands in this Borough in a manner which will promote the public health, safety, morals and general welfare.
To ensure the orderly development, conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
To provide adequate light, air and open space.
To ensure the coordination of development within the Borough with the development and general welfare of neighboring municipalities, the county and the State of New Jersey as a whole.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
To promote a desirable visual environment through creative development techniques and good civic design and arrangement.
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
To encourage development which incorporates the best features of design and to relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.
To encourage coordination of the various public and private procedures and activities shaping land development with a view to lessening the cost of such development, to ensuring the most efficient use of land and to protecting the Borough from undue obligations from land development.
To promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.
To promote the maximum practical recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the goals of the municipality's recycling program.
Any owner of land within or partly within the Borough of Paulsboro shall, prior to development of any land as designated in § 65-5A of this chapter, submit site plans of the proposed development for review and approval by resolution of the Planning Board, as hereafter provided in this chapter, before any construction permits may be issued for the development.
Approval of final plans by the Planning Board shall constitute an approval of proposed dedications of land for streets, parks and other public uses or purposes. However, such approval shall not constitute an acceptance of physical improvements on such dedicated land and shall not impose upon the Borough any obligation of maintenance of or jurisdiction over such improvements. Such obligations shall be undertaken only after the Borough Council shall have accepted the improvements by official act according to law.
Whenever a term is not defined in this chapter, it is intended to have the meaning set forth in P.L. 1979, c. 216 (N.J.S.A. 40:55D et seq.), if defined by that statute. In the event of a conflict between a definition in this chapter and that contained in the statute, the definition in said statute shall apply under and in accordance with the usual rules of statutory construction.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meaning herein indicated:
- COMPLETE APPLICATION
- An application form completed as specified by this chapter and the rules and regulations of the Planning Board and all accompanying documents required by ordinance for approval of the application for development, including but not limited to a site plan containing all information required in the Site Plan Checklist specified in § 65-7 of this chapter.
- The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
- The construction, conversion, structural alteration, relocation or enlargement of any building or other structure or any mining, excavation or landfill, and any use or change in the use of any building or other structure or land or extension of use of land, for which authorization may be required pursuant to this chapter.
- DEVELOPMENT REGULATION
- A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
- DRAINAGE RIGHT-OF-WAY
- The lands required for the installation of stormwater sewers or drainage ditches or lands required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.
- A right granted for the use of private land for certain public or quasi-public purposes; also the land to which such a right pertains.
- FINAL APPROVAL
- The official action of the Planning Board taken on a site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion or approval conditioned upon the posting of such guaranties.
- A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
- MAINTENANCE GUARANTEE
- Security, in the form of either a surety bond, letter of
credit under the circumstances specified pursuant to N.J.S.A. 40:55D-53.5,
or cash, acceptable to the Borough to assure the maintenance of any
improvements installed by the developer after the final acceptance
of the improvement and required by this chapter.[Amended 12-6-2011 by Ord. No. 13.11]
- MINOR SITE PLAN
- A development plan of one or more lots which:
- (1) Does not propose the new construction of or any addition to a structure or building which will result in the building coverage of a property involved to be in excess of 5,000 square feet; or does not require disturbance of more than 10,000 square feet of land area;
- (2) Does not involve any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42; and
- (3) Contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
- PERFORMANCE GUARANTY
- Any security which may be accepted by the Borough, including cash, provided that not more than 10% of the total performance guaranty may be required in cash.
- PRELIMINARY APPROVAL
- The conferral of certain rights pursuant to N.J.S.A. 40:55D-46 and 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
- Land set aside for use as a street, alley, crosswalk or common means of communication, travel, utility or drainage.
- SITE PLAN
- A development plan of one or more lots on which is shown:
- (1) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;
- (2) 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
- (3) Any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter relating to review and approval of site plans by the Planning Board.
- Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or Borough roadway, which is shown upon a plat heretofore approved pursuant to law, which is approved by official action as provided by statute or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such a Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
Jurisdiction. The Planning Board shall have approval authority of site plans and shall have full discretion to determine which site plans shall come within its jurisdiction. Applications for development may be processed without full notice and hearing if the Planning Board or Site Plan Review Committee finds that the application conforms to the definition of "minor site plan."
General instructions to the Planning Board. The Planning Board shall make its decisions on site plans according to the purposes stated in the Municipal Land Use Law, amendments thereto and this chapter, and according to the standards of design set forth in this chapter. The Board shall approve final plans only on the determination that such plans are in conformity with previously approved preliminary plans.
Requirement of preliminary plans.
All site plans when first submitted shall be deemed preliminary plans. The Planning Board shall review preliminary plans to determine whether the plans comply with the following:
The purposes stated in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
The requirements of this chapter, including standards of design established herein.
The requirements of the National Flood Insurance Act of 1968, as amended, to ensure that all site plan proposals are consistent with the need to minimize flood damage; that all public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage; and that adequate drainage is provided so as to reduce exposure to flood hazards.
Whether the plans have been referred to appropriate agencies for review, if so required, by the Coastal Wetlands Act (N.J.S.A. 13:9A-1 et seq.), the New Jersey County and Regional Planning Enabling Act (N.J.S.A. 40:27-6.3), the Realty Improvement Sewerage and Facilities Act 1954 (N.J.S.A. 58:11-25.1), the Flood Hazard Area Control Act 1972 (N.J.S.A. 58:16A-50 et seq.) or other applicable environmental laws, rules or regulations. In the event that the application requires approval by a governmental agency other than the Planning Board, the Planning Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency.
The requirements of the New Jersey Statewide Source Separation and Recycling Act (P.L. 1987, c. 102), as it may be amended or superseded.
If an application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Board or the Board's designee within 45 days of the submission of such application, or it shall be deemed to be properly submitted.
An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and in the rules and regulations of the Planning Board and shall be deemed complete as of the day it is so certified by the Planning Board for purposes of the commencement of the time period for action by the Planning Board.
Time requirements for action. Upon the submission of a complete application for a minor site plan which involves 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 applicant. 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. If the Planning Board fails to act within the above time limits, the Board shall be deemed to have granted preliminary approval to the site plan.
Revision of preliminary plans. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the applicant that have been the subject of hearing or if the applicant, on his own initiative, makes substantial changes after the hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for preliminary approval.
Modification of requirements.
The regulations, requirements and standards contained in this chapter constitute the minimum requirements for the protection of the public health, safety, convenience and welfare, as affected by the development of lands, of the inhabitants of the Borough, and the Planning Board shall give primary consideration to such fact in deciding upon all actions taken by it under this chapter; provided, however, that if the applicant can demonstrate that, because of peculiar conditions pertaining to the land proposed to be developed, the literal enforcement of one or more of said regulations, requirements and standards is impractical or will result in undue hardship, the Planning Board may waive or modify such provisions as will be reasonable and within the general purpose and intent of said regulations, requirements and standards established by this chapter.
In any case of peculiar conditions pertaining to the land proposed to be developed, if the minimum standards herein provided are determined by the Planning Board to be inadequate for the protection of the public health, safety, convenience and welfare, then the Planning Board may require compliance with such additional standards as it deems reasonable and within the general purpose and intent of this chapter.
Final plan approval.
The Planning Board shall grant final approval of site plans if the detailed drawings, specifications, guarantees and other requirements for final approval conform to the standards established by this chapter and the conditions of preliminary approval.
Upon the submission of a complete application for final site plan approval, the Planning Board shall grant or deny final approval within 45 days after submission or within such further time as may be consented to by the applicant or within 95 days where a site plan of more than 10 acres is submitted.
Whenever review or approval of the final site plan application by the County Planning Board is required pursuant to N.J.S.A. 40:27-6.6 (Site Plan), 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 approval by the County Planning Board by its failure to report thereon within the required time.
Resolutions of actions required. Each decision of the Planning Board on any application for development shall be reduced in writing and shall include findings of facts and conclusions based thereon and conditions, if any. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application. Such actions shall be memorialized by written resolution, as required by N.J.S.A. 40:55D-10g. Where the application for site plan approval is subject to review and/or approval of other governmental agencies such as the Gloucester County Planning Board and those agencies listed in § 65-4C(1)(d) hereof, preliminary approval shall be subject to the condition that such reviews and/or approvals be obtained from such agencies.
Developer rights upon plan approval. Rights of applicant with respect to developments after preliminary plan approval and upon approval of site plans shall be as specified in N.J.S.A. 40:55D-49 and 52.
Fees for application, review of plans and inspection of improvements.
The application fee for minor and major site plans is $125.
Fee for review of plans (preliminary or final).
The fee for review of preliminary or final plans for any use which by ordinance requires site plan review shall be $15 per 1,000 square feet of ground floor area, but not less than $500 for a minor site plan application and not less than $1,000 for a major site plan application. Such fees shall be paid to the Borough Clerk when plans are submitted and are nonrefundable whether or not the application is approved.
Such fees shall be used to pay the costs of professional personnel retained by the Borough to process, review and make recommendations on the land planning, legal and engineering aspects of applications and plans. Should such costs exceed the amount of fees paid on any project, the applicant shall be so advised by the Borough Clerk and rendered a written itemization of such costs. Such excess costs shall be paid by the applicant prior to final approval of plans.
Fees for construction review and inspection.
After approval of a plan but prior to construction, the applicant shall deposit with the Borough a sum of money which the Borough Treasurer shall deposit in an escrow account to cover the costs of engineering and other technical review of the installation of required improvements which affect the public interest. The Treasurer shall use the funds so deposited to pay the fees and costs of any advertising and any professional personnel employed, including the Borough Engineer, to process, review and make recommendations on and inspections of the construction of required improvements. The Treasurer shall make disbursements from the escrow account in accordance with the usual voucher system employed by the Borough. The applicant shall, upon request, be given an accounting of the funds so disbursed. Said escrow account shall be separate from and in addition to the plan review fees set forth above. The amount of money required to be deposited by the applicant shall be 5% of the estimated cost of the required improvements as determined by the Borough Engineer.
If at any time during the review and inspection of the construction of the said improvements it becomes evident that the escrow account is or will be insufficient to cover the costs thereof, the applicant shall make such additional deposits in amounts to be determined by Borough Council on recommendation by the Borough Engineer, based upon the estimated remaining costs required to properly review and inspect the improvements. The applicant shall be given a written itemization of costs chargeable to the escrow account whenever funds in the account are insufficient to cover costs and upon final acceptance of improvements. Any excess funds held in the escrow account at the time of final acceptance of the improvements shall be promptly returned to the applicant, without interest, after payment of all outstanding fees for engineering and other technical review and inspection. For the purpose of this section, the term "required improvements" shall mean all street improvements, both internal and external, including grading and paving, parking areas, sidewalks, curbs, gutters, streetlighting, shade trees, water mains, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures, recreational facilities and such other improvements as may be found to be necessary in the public interest in accordance with Borough regulations.
General. In furtherance of the purposes specified in the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-2, a site plan approval must be obtained prior to the excavation, grading or clearing of land, or construction, or issuance of any permit by the Construction Official or Zoning Officer for any land development involving commercial uses, or any industrial or manufacturing use, the construction of a railroad siding or extension thereof, or any community residence for the developmentally disabled or community shelter for victims of domestic violence which houses more than six such persons, excluding resident staff, and all applications for such building or zoning permits shall be referred to the Planning Board for review and action in accordance with the procedures and standards prescribed herein and in Chapter 40A, Land Use Procedures, and Chapter 80, Zoning, of the Paulsboro Borough Code. For purposes of administering site plan review provisions, in addition to new structures or uses, "land development" shall be interpreted to include any addition to, or change in the use of, an existing building or land; any change in number, location, design or layout or parking facilities where the Zoning Ordinance requires six or more resulting parking spaces; and any change in the location of an access to or exit from a parking lot or a loading/unloading area to a public street.
[Amended 4-4-2006 by Ord. No. 05.06; 7-5-2017 by Ord. No. 14.17]
Editor's Note: This ordinance also provided an effective date retroactive to January 1, 2006.
Site plan review requirements. All applications shall be accompanied by copies of a proposed site plan which may be a copy of a site plan prepared for submittal to the Gloucester County Planning Board which meets all requirements of the county relating to site plans, together with additional information required by the Site Plan Checklist in § 65-7 this chapter. At the minimum, the following information shall be submitted, unless waived or modified by the Planning Board in accordance with Subsection B(13) hereof:
The location, boundaries, dimensions and ownership of the land to be included; the names of the owners of adjoining properties, and the zoning district in which located.
The location, use, dimensions and arrangements of existing and proposed buildings and structures, signs, streets, sidewalks, railroads, railroad sidings, or extensions thereof, and open spaces, including the height of all buildings; the location and capacity of all areas to be used for off-street parking, parking lot layout, loading and unloading; the location and dimensions for all entrances, exits, traffic flow patterns, and other provisions for accommodating traffic; and the location of all areas devoted to planting, landscaping or similar purposes. The plan shall also indicate the location and use of buildings on adjoining lots, with dimensions from the applicant's property line.
Provisions made for pedestrian circulation.
The total gross floor area of all buildings, including basement.
The physical features of the tract, including existing topography and proposed grading contours.
The provisions made for all utilities, refuse disposal, stormwater drainage, exterior lighting and the location of exterior air-conditioning equipment. All such improvements shall comply with the standards established in Subsection D hereof, with the Borough Flood Damage Prevention Ordinance, the State Soil Erosion and Sediment Control Act and with such other applicable environmental standards as may be promulgated, by federal, state and county agencies.
A description, rendering, sketch, picture or plans of proposed buildings or structures, including signs.
Information sufficient to demonstrate that satisfactory arrangements will be made to accommodate probable increases in traffic and to facilitate traffic movement on all streets in the vicinity of the proposed use.
A plan or description of buffer or screening devices and areas to be installed, and provisions to be made for the maintenance thereof.
Provisions for the recycling of recyclable material in developments of 25 or more multifamily dwelling units or 1,000 square feet of commercial or industrial land pursuant to Chapter 38, Garbage and Rubbish, of the Code of the Borough of Paulsboro.
For conditional uses (including applications for conversions into multiple-family use) where interior changes or alterations are to be made which will require review and approval by the Planning Board, floor plans shall be submitted identifying such changes or alterations, including location of walls, partitions, doors, exits and common areas.
Sufficient data in all instances to enable the Planning Board to judge the effectiveness of the design and character of the proposed development; to consider properly the relationship of the proposed development or use to surrounding areas, anticipated traffic, public health, safety and general welfare and the like; and to determine that the proposed plan and use comply with the requirements of the district and all other pertinent requirements of the Borough.
The Planning Board may waive or modify any of the above requirements as may be reasonable and consistent with their general purposes and intent if the Board determines that certain requirements are not necessary to ensure that the plan conforms to the standards of sound planning and will have no deleterious effect on neighboring properties from the standpoint of ensuring adequate protection in terms of health, welfare, amenities and safety. The Planning Board is also authorized to waive public notice and hearing requirements for minor site plans as provided by law.
Performance and maintenance guarantees. Performance and maintenance guarantees for any required on-tract and public improvements shall be submitted as follows:
[Amended 12-6-2011 by Ord. No. 13.11]
A performance bond with a surety company authorized to do business in the state, or other guarantee acceptable to the Borough for the satisfactory construction and installation of all required public improvements and for the restoration of all existing streets affected by the proposed construction, in accordance with requirements of the law. The amount of the bond or guaranty shall be determined by the Borough Engineer's estimate of the cost of such construction and installation.
A maintenance bond with a surety company authorized to do business in the state or other guarantee acceptable to the Borough for the maintenance of all required on-tract and public improvements for a period of two years after the date of construction and installation of those improvements. The amount of the bond or other guarantee shall be 15% of the Borough Engineer's estimate of the cost of the original construction.
Standards for site plan review. In addition to the requirements of this chapter, the following standards shall be used by the Planning Board as guidelines in reviewing site plans:
The existing natural resources on the site and the landscape shall be preserved in the natural state insofar as possible and tree and soil removal kept to a minimum. Grade changes shall be made in keeping with the general appearance of neighboring developed areas. New landscaping and grass and ground cover areas shall be developed as screening and environmental protection of the site.
Proposed structures shall be related harmoniously to the terrain and to existing buildings and structures in the vicinity that have a visual relationship to the proposed development. Provisions shall be made for screening of all parking, service and loading areas, playgrounds (where required), equipment and storage areas from adjacent properties.
Adequate provision shall be made for 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, separation of pedestrian and vehicular traffic and arrangements of parking areas that are safe and convenient and do not detract from design of proposed structures and the neighboring properties.
Lighting shall be directed away from adjoining premises and public rights-of-way. The size, location, design, color, texture, lighting and materials of all signs shall not detract from the design of the proposed buildings and structures and the surrounding properties or create confusion with other signs or for drivers of vehicles.
Provision shall be made for the cleanliness and maintenance of common areas and for parking and landscaped areas.
Recycling. Consideration shall be given to the provisions for implementing recycling.
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days, or both. Each and every violation of this chapter and each day that a violation of this chapter continues shall be deemed to be a separate and distinct violation thereof.
In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any other ordinance or other regulation made under authority conferred hereby, the proper local authorities of the Borough or an interested party, in addition to other remedies, may institute any appropriate action or proceedings or prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land and to prevent any illegal action, conduct, business or use in or about such premises.
The following checklist of site plan submission requirements is hereby adopted pursuant to N.J.S.A. 40:55D-10.3. An application may be deemed incomplete until such time as all checklist requirements are submitted unless waived by the Planning Board.