[HISTORY: Adopted by the Town Council of
the Town of Phillipsburg 6-26-1979 by Ord. No. O:79-19
(Ch. 73 of the 1969 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Town of Phillipsburg Site Plan Review Ordinance of 1979."
A.
BOARD
CHANGE OF USE
CONVENTIONAL
DEVELOPER
DEVELOPMENT
GUARANTY
MINOR SITE PLAN
(1)
(2)
ON-TRACT
PLANNED DEVELOPMENT
SITE PLAN
(1)
(2)
(3)
The following words or terms shall have the following
meanings where used herein:
The Planning Board of the Town of Phillipsburg, when the
Board of Adjustment[1] is authorized to act pursuant to N.J.S.A. 40:55D-76b,
in which case it shall mean the Board of Adjustment of the Town of
Phillipsburg.
A change from an existing use to any other permitted principal
use on a lot or within a structure or building.
[Added 1-3-1989 by Ord. No. 0:88-44]
Development other than planned development.
The legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option or contract of purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in use of
any building or other structure or land or extension of use of land.
Any security which may be accepted by the municipality, provided
that a municipality shall not require more than 10% of the total performance
guaranty in cash.
A development plan for less than 2,000 square feet of floor
area and less than 3,000 square feet of other impervious surface,
provided that such site plan:
[Added 1-3-1989 by Ord. No. 0:88-44]
Does not involve planned development, any new
street or extension of any off-street improvement which is to be prorated
pursuant to N.J.S.A. 40:55D-42; and
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.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures, signs, lighting
and screening devices.
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter requiring review and approval of site plans.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014,
dissolved the Zoning Board of Adjustment and vested the Planning Board
with the powers and duties and functions of the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-25(c)(1).
B.
Terms and words not defined herein, but defined in Chapter 625, Zoning or Chapter 555, Subdivision of Land, of the Town of Phillipsburg Code, shall have, for the purposes of this chapter, the meanings given them in said Chapter 555 or 625, as the same now reads or may be amended. Terms and words not defined herein, nor in said Chapter 555 or 625, shall have the meanings given them in the Municipal Land Use Law, its amendments and supplements thereto.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 1-3-1989 by Ord. No. O:88-44]
A.
Conventional site plan review (preliminary and final).
Conventional site plan review and approval shall be required as a
condition for the issuance of a building permit for any development
involving a structure(s) exceeding 2,000 square feet of area, except
that individual lot applications for detached one- or two-dwelling-unit
buildings that are part of a minor subdivision shall be exempt from
site plan approval.
B.
Minor site plan review. Minor site plan review and
approval shall be required as a condition for the issuance of a building
permit for any development involving a structure(s) less than 2,000
square feet in area and 3,000 additional square feet of impervious
coverage, with the exception of individual lot applications for detached
one- or two-dwelling-unit buildings that are part of a minor subdivision
and which shall be exempt from site plan approval.
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.
[Added 1-3-1989 by Ord. No. O:88-44]
A.
The developer shall submit to the administrative officer 16 copies of a minor site plan including the information required hereunder, together with 16 copies of a completed minor site plan application form and an application fee and a review and inspection fee computed in accordance with § 510-15.
B.
The site plan submitted by the developer may be prepared
by himself, on the condition that the layout of the property lines
and any building thereon shall be legibly drawn to scale and a certification
shall be included thereon by the developer as to the accuracy of the
plan.
C.
The minor site plan shall meet the design standards set forth in § 510-12 and include the following information, both with regard to existing and proposed improvements.
(1)
Owner, applicant and preparer's name and address.
(2)
Owner's affidavit consenting to the filing of the
plan.
(3)
Tax Map data and lot area.
(4)
Tract boundary based upon Tax Map or other accurate
base.
(5)
Proposed building with floor area(s), setbacks, driveways,
sidewalks, utilities and other improvements.
(6)
Existing and proposed parking and loading areas.
(7)
Existing and proposed drainage features.
(8)
Proposed landscaping.
(9)
Proposed lighting.
E.
Approval of a minor site plan by the Board shall be
deemed preliminary and final site plan approval and to confer upon
the applicant the rights as set forth in N.J.S.A. 40:55D-49 and 55D-50.
As a condition for site plan approval, the applicant
must submit proof from the Tax Collector of the Town of Phillipsburg
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 Town Engineer eight copies of a site plan, including the information required by § 510-11C, together with eight copies of a completed application form, and an application fee and a review and inspection fee computed in accordance with § 510-15. 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 Town Zoning Officer and the Board Chairman.
B.
If the application for development is found to be
incomplete, the developer shall be notified thereof by the Town Engineer
within 45 days of submission of the application to the Town Engineer
or it shall be deemed to be properly submitted.
C.
Upon determining that the application has been properly
submitted, the Town Engineer shall prepare and submit a report to
the Planning Board, or the Board of Adjustment[1] when it is empowered to review and approve a site plan
pursuant to N.J.S.A. 40:55D-76b. In the latter case, the report shall
also be submitted to the Planning Board.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014,
dissolved the Zoning Board of Adjustment and vested the Planning Board
with the powers and duties and functions of the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-25(c)(1).
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,[2] including any extensions of time as may be consented to
by the developer.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E.
Notice and a public hearing pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-10, 55D-11 and 55D-12 et seq., its amendments and supplements thereto) shall be required for major and minor site plans for which review shall not have been waived, and in cases of development of multiple dwelling groups (Chapter 625, Zoning, of the Code of the Town of Phillipsburg) or planned developments.
[Amended 1-3-1989 by Ord. No. O:88-44]
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. In the case of the Board of Adjustment,[3] it shall grant or deny approval of a preliminary site
plan within 120 days after submission by a developer of a complete
application to the Town Engineer or within such further time as may
be consented to by the applicant. Failure of the Board of Adjustment
to act within the period prescribed shall constitute approval of the
application. 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.
[3]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014,
dissolved the Zoning Board of Adjustment and vested the Planning Board
with the powers and duties and functions of the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-25(c)(1).
H.
Preliminary approval of a site plan shall confer upon
the applicant 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 Town Engineer eight copies of a site plan, including the information required by § 510-11D, together with eight copies of the completed application. Seven copies of the site plan and 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 § 510-7A.
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, in the case of a planned development or residential
cluster, 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.
[Amended 1-3-1989 by Ord. No. O:88-44]
A.
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.
B.
An applicant for any development or change of use
of property that does not increase the intensity or use of the property
or change the layout of the site or undertake any structural expansion,
and further, if it is not physically possible to meet the other requirements
of the Zoning or Development Ordinances of the Town of Phillipsburg
requiring additional parking, landscaping, buffering, lighting or
other such facilities and is so certified, in writing, by the applicant,
may file a written application for waiver of the site plan review
on forms provided in the office of the administrative officer at least
10 days prior to the next regularly scheduled meeting.
C.
The Planning Board, upon receipt of an application
for waiver of site plan review and the proper filing fees shall have
the power to grant a waiver of the site plan requirements of this
chapter if the criteria set forth in the previous subsections of this
section have not been met so as to provide for the continued safe
use of the property.
The Planning Board shall have the power to review
and approval 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.
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 § 510-12.
(2)
The preliminary site plan shall be drawn at a scale
in accordance with the following table:
|
Area of Site
(acres)
|
Scale, Not to be Less Than
| |
|---|---|---|
|
Less than 40
|
1 inch equals 100 feet
| |
|
Over 40
|
1 inch equals 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, type of construction and location.
(g)
The existing and proposed principal building
or structures 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)
The 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 an 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 volumes.
(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 township 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)
The 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)
The general nature and extent of proposed site
lighting.
(r)
The method of sewage disposal and water supply
and the preliminary design thereof.
(s)
The 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
or architect 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 § 510-12.
(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)
An 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)
A boundary survey in accordance with N.J.S.A.
45:8-28(e) prepared and certified to the Town of Phillipsburg by a
New Jersey licensed land surveyor. The survey shall indicate that
it is based upon a field survey performed by or under the supervision
of the certifying licensed land surveyor and the date of the field
survey. Such field survey shall have been performed no more than two
years prior to the date of application to the Board. The survey shall
have an error of closure of not less than one part in 10,000.
[Amended 5-20-1986 by Ord. No. O:86-11]
(i)
The existing and proposed principal building
or structure and all accessory buildings or structures, if any, and
finished grade elevations of all first floors and roofs, including
roof structures.
(j)
The 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 less than four,
with the name, address and registration number of the licensed architect
preparing the plans.
(k)
The existing topography based upon New Jersey
Geodetic Control Survey datum and proposed grading, both 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 § 73-11C(3)(e).
(m)
A landscape and planting plan prepared by a
qualified practicing professional landscape architect or landscaper.
As a minimum, such plan shall spot the location of all existing plantings
to be retained and all plantings to be established 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 at maturity and quantity of all plantings
shown on the plan.
(n)
All existing and proposed 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
and proposed catch basins and storm drainage facilities with profiles
thereof, plus all required design data supporting the adequacy of
all existing facilities to accept the additional stormwaters.
(p)
The location, type and size of all existing
and proposed 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
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 Town 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 proposed 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 proposed
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)
The location and design of all fire prevention
measures, including emergency lanes, hydrants, sprinkler and siamese
connections and fire zones.
(aa)
The present and proposed 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 other feature directly on
the property and beyond the property, if such feature has an effect
on the use of said property.
(cc)
Construction details of all proposed 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 Town.
(ee)
A complete list of the site improvements, except
principal and accessory buildings, by item, and the quantities thereof
to be constructed.
(ff)
Copies of all applicable local, state and federal
permits that may be required.
(4)
The plan shall be prepared and signed by a professional
engineer or architect licensed in New Jersey except for certification
by other professionals as required by this chapter or New Jersey law.
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 sites 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. All electric, telephone, cable television
and utility lines shall be underground. 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, height,
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)
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 Chapter 555, 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 or the intersecting
driveway in accordance with the following table:
|
Roadway Classification
|
Minimum Sight Distance
(feet)
| |
|---|---|---|
|
Local
|
200
| |
|
Minor collector
|
275
| |
|
Major collector
|
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. An easement dedication
to the owner of the intersecting roadway incorporating the entire
sight triangle within the site but outside the right-of-way line shall
be made.
(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 - 5
| ||
|
Retail businesses
|
1.0 - 4.0
| ||
|
Industrial
|
0.5 - 1.0
| ||
|
Residential, multifamily
|
0.4 - 1.0
| ||
|
Access Driveways
| |||
|
Shopping centers
|
2.0 - 3.0
| ||
|
Retail businesses
|
1.0 - 3.0
| ||
|
Industrial
|
1.0 - 3.0
| ||
|
Park area and pedestrian ways
|
0.4
| ||
|
Sidewalks
|
0.5
| ||
|
Intersections
|
2.0 - 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 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 6:1 for the intensely lit areas to 10:1 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. The facilities shall be designed in accordance with the standards established in Chapter 555, Subdivision of Land, and other applicable ordinances except that in addition to the use of standard inlets as prescribed for use in municipal streets, the use of inlets Type B-3 may be used. These shall be as shown in the standard details for the Town of Phillipsburg, copies of which are on file in the Town Clerk's office.
[1]
Inlets in parking areas shall be spaced and
sized to prevent a spread of water into the parking aisles during
a storm with an intensity of three inches per hour. Inlets in driveways
and roadways within parking areas shall be spaced and sized to provide
a minimum of an eight-foot-wide lane for each design traveled lane
during a storm with an intensity of three inches per hour.
(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 as required by Chapter 625, Zoning, shall be planted within each island required herein.
[4]
All islands required herein shall be landscaped
and grassed.
(d)
Landscaping. In addition to the buffer zones required by the Chapter 625, Zoning, and ornamental shrubbery to be placed on the site, shade trees shall be placed in conformance with the following:
(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.
(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 sideline 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 two to one shall be fenced at the top with a four-foot-high
fence, and slopes greater than two to one but less than three to one
shall have a fence or protective vegetative screen or guardrail.
[4]
All nonpaved areas shall be permanently stabilized
to prevent erosion.
(3)
Standards for construction. All work shall be done
in conformance with the current construction standards of the Town
of Phillipsburg or, in lieu thereof, the current edition of the New
Jersey State Highway Department, Standard Specifications for Road
and Bridge Construction, 1961, with amendments and revisions thereto,
and with the New Jersey Department of Transportation standard construction
details.
A.
As a condition of final site plan approval, the Planning
Board or the Board of Adjustment,[1] as the case may be, shall require and accept in accordance
with the standards of this chapter for the purpose of assuring the
installation and maintenance of on-tract improvements:
(1)
A performance guaranty in favor of the municipality
in an amount not to exceed 120% of the cost of installation for improvements
if deemed necessary or appropriate, including streets, grading, pavement,
gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's
monuments, water mains, culverts, storm sewers, sanitary sewers or
other means of sewage disposal, drainage structures, erosion control
and sedimentation control devices, public improvements of open space
and other on-site improvements and landscaping.
[Amended 4-15-1986 by Ord. No. O:86-9]
(2)
A maintenance guaranty to be posted with the governing
body for a period not to exceed two years after final acceptance of
the improvement in an amount not to exceed 15% of the total cost of
the improvement. In the event that other governmental agencies or
public utilities automatically will own the utilities to be installed
or the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required by the municipality for such
utilities or improvements.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014,
dissolved the Zoning Board of Adjustment and vested the Planning Board
with the powers and duties and functions of the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-25(c)(1).
B.
The form of the guaranty shall be as approved by the
Town Attorney, and the amount of guaranty shall be as determined by
the Town Engineer.
C.
The applicant shall assume all liability during construction
of such improvements and until such time as the improvements are accepted
by the Town of Phillipsburg.
D.
When all of the required improvements have been completed,
the obligor shall notify the governing body in writing, by certified
mail addressed in care of the Town Clerk, of the completion of said
improvements and shall send a copy thereof to the Town Engineer. Thereupon,
the Town Engineer shall inspect all the improvements and shall file
a detailed report, in writing, with the governing body, indicating
either approval, partial approval or rejection of the improvements,
with a statement of reasons for any rejection. If partial approval
is indicated, the costs of the improvements rejected shall be set
forth.
E.
The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Town Engineer and shall notify the obligor in writing, by certified
mail, of the contents of said report, and of the action of said authority
with relation thereto, not later than 65 days after receipt of notice
from the obligor of the completion of the improvements. Where partial
approval is granted, the obligor shall be released from all liability
pursuant to its performance guaranty, except for that portion adequately
sufficient to secure provision of the improvements not yet approved.
Failure of the governing body to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements, and the obligor and surety, if any, shall be
released from liability pursuant to such performance guaranty.
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 be construed to be a violation of this chapter and shall be grounds for the revocation of any building permit or certificate of occupancy, as the case may be. If the Construction Official 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 § 510-16.
[Amended 3-6-1984 by Ord. No. O:84-7; 5-20-1986 by Ord. No. O:86-12]
