A.
When required. Site plan approval by the approving
authority shall be required for approval of a conditional use and
prior to the commencement of any of the following acts:
(1)
The construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or any other
structure.
(2)
The use or any change in the use or expansion of use
of a building or other structure, or facility or land.
(3)
The construction, reconstruction, conversion, alteration,
relocation, enlargement or expansion of any nonconforming building
or any other structure, facility or use, or the change of use on or
in a nonconforming structure, use or lot.
(4)
The construction, reconstruction, conversion, alteration,
relocation, enlargement or expansion of any building or any other
structure, facility or use for which site plan approval has not been
previously granted, or the change of use on or in a structure, facility
or use for which site plan approval has not been previously granted.
B.
Exceptions. Site plan approval shall not be required
within the provisions of this chapter as follows:
(1)
For single-family and two-family detached dwellings
used exclusively for residential purposes or for such accessory uses
as a private garage, toolhouse, garden and private greenhouses, swimming
pools and other similar uses incidental to a single- or two-family
detached dwelling.
(2)
Where minor repairs to the interior of a building
do not involve structural change or enlargement of the building, as
determined by the Construction Official, or where renovations or alterations
to the exterior design of a building or structure do not involve any
enlargement to the building or any structural change, as determined
by the Construction Official. The Construction Official shall, upon
said determination, advise the applicant in writing of said determination,
providing a copy of same to the administrative officer.
C.
Applicability of minor site plans.
(1)
When a site plan is required as provided by this chapter, a minor site plan, as defined in Article II herein, is applicable to the following:
(a)
Additions to the existing uses, structures,
facilities or buildings, provided that the total addition shall not
exceed 15% of the gross floor area of the existing use or 1,000 square
feet, whichever is less.
(2)
The approving authority may still classify a site
plan as a major site plan if, in its opinion, the construction, reconstruction,
conversion, alteration, relocation, enlargement, expansion or change
of use will affect parking, circulation, drainage, lighting or other
design standards as provided in this chapter or will affect compliance
with performance standards as provided in this chapter or will, by
its very nature, have an adverse effect on the property or adjoining
neighborhood.
Applications for minor site plan approval shall be in accordance with the provisions of Article III herein.
A.
If a change of use in an existing approved site involving
no plan amendment is proposed, the applicant may submit a request
for minor site plan approval from the Board, by letter, in duplicate,
to the administrative officer, who shall submit a copy to the Board.
B.
Said request shall be signed by the applicant and
shall state:
C.
Accompanying said request shall be a written statement
from the Borough Tax Collector that all taxes and assessments on the
property are paid to date.
D.
No notice of public hearing shall be required for
change of use minor site plan approval.
A.
Legend information. The minor site plan shall contain
the following information in the legend:
(1)
The words "minor site plan."
(2)
Title of development.
(3)
Street address of property.
(4)
Tax Map lot and block designation of property.
(5)
Name and address of property owner (for corporations
include secretary and president).
(6)
Name, address and phone number of applicant (for corporations
include secretary and president).
(7)
Name, address, phone number, title and graphic seal
of persons who prepared the plan.
(8)
Date of preparation and blanks for revision dates.
(9)
Graphic scale.
(10)
North arrow.
(11)
Acreage of property to the nearest 0.01 of an
acre.
(12)
Zoning district of property.
B.
General information. A minor site plan shall be based upon a survey no more than 10 years old and/or an approved site plan of record. In addition to the map requirements identified in Article III herein, the minor site plan shall contain the following general information:
(1)
Topographic information.
(a)
Existing and proposed contours based on United
States Coast and Geodetic Survey datum, with a contour interval of
two feet for slopes less than 15% and an interval of five feet for
slopes of 15% or more. Existing contours are to be indicated by dashed
lines and proposes contours are to be indicated by solid lines. Limits
of top of slope and toe of slope for proposed grading shall be indicated
by solid lines.
(b)
Three copies of a slope map shall be provided
with the application. Areas of steep slopes, including grades of 15%
to 19.9% and 20% or greater, shall be highlighted by shading or screening
on the plan.
(c)
Except where topographic data is required for
zoning purposes, this topographic data need only be provided within
20 feet of all man-made improvements or changes in grade.
(2)
Existing and proposed lot lines, easements and the
purpose thereof and other right-of-way lines with distances to the
nearest hundredth of a foot, lot areas in square feet, all required
yard setbacks for the subject property and the maximum amount of disturbed
areas as permitted in the Zoning Ordinance.[1] The bearings of the exterior boundary lines of the subject
property shall be shown to the nearest 10 seconds.
(3)
Location of existing and proposed structures and streets
on the subject property and the location of existing fences, walls,
paved areas and other man-made improvements on the subject property.
The distance from existing buildings, wells and septic systems to
all property lines shall also be indicated.
(4)
Location of all significant natural features.
(5)
Location and description of all existing and proposed
stormwater drainage facilities and watercourses.
(6)
The general area of all proposed septic systems and
wells and the distance between same and all adjoining wells and septic
systems shall be provided.
(7)
Reference to any existing easements, waivers or variances
and any existing or proposed covenants or deed restrictions affecting
the property. If none exist, or are proposed, a statement to that
effect shall be placed on the plan.
(8)
Location and description of stream encroachment lines,
floodway and flood hazard areas and wetland limits.
(9)
Limits of clearing of natural vegetation, description
and location of areas to be stabilized by vegetation or structures
and description and location of areas to be landscaped on the property
and abutting street rights-of-way. Landscaping plans are to be prepared
by a professional landscape designer. Existing trees in the area to
be disturbed shall be noted on the plan.
(10)
The proposed location, direction of illumination,
power and time of proposed outdoor lighting, including type and height
of stanchions to be employed, radius of light and intensity in footcandles.
(11)
Location and description of soils to be moved
as provided in this chapter. If no soils are to be moved, a statement
to that effect shall be placed on the plan.
A.
Minor site plan review.
(1)
Subsequent to the administrative officer determining that an application is complete, as outlined in Article III herein, the administrative officer shall retain a copy of the application and all its documents in the office of the administrative officer and forward all other copies to the secretary of the approving authority. The secretary of the approving authority shall retain two copies of all documents and submit copies of the plan to the following:
(a)
Borough Clerk.
(b)
Approving authority's attorney.
(c)
Approving authority's planning consultant.
(d)
Approving authority's engineering consultant.
(e)
Health Officer.
(f)
Morris County Planning Board, two copies.
(g)
Police Department.
(h)
Borough Engineer.
(i)
Borough Water Engineer.
(j)
Fire Prevention.
(k)
Construction Code Official.
(l)
Other municipal, county and state officials
and agencies as directed by the approving authority.
(2)
Additional application documents shall be routed as
directed by the approving authority where necessary.
(3)
Said persons and boards shall make recommendations
to the approving authority in writing within 35 days of the application
submission. The approving authority shall take said recommendation
into account, but shall have the authority to proceed in the absence
of such recommendations if the approving authority finds such recommendations
not to be essential to its determination. Alternatively, the approving
authority may condition any approval upon the favorable report of
said persons and boards.
B.
Time period in which to act.
(1)
The approving authority shall grant or deny approval
within 45 days of submission of a complete application or within such
further time as may be consented to in writing by the applicant, or
as otherwise provided by law.
(2)
Failure of the approving authority to act within the
prescribed time period or to obtain an extension from the applicant,
in writing, shall constitute minor site plan approval.
(3)
A certificate by the administrative officer as to
the failure of the approving authority to act shall be issued upon
the request of the applicant. The administrative officer's signature
shall be sufficient in lieu of the chairman and secretary of the approving
authority.
C.
Public hearing. Upon submission of a complete application, the approving authority shall schedule a public hearing for the applicant. Notice of public hearing shall be in conformance with the provisions outlined in Article III herein.
D.
Conditions of approval. Minor site plan approval shall be deemed to be final approval of the site plan, subject to the applicant complying with all of the terms and conditions of the resolution of approval as well as the applicable conditions of approval as provided in § 149-12 herein.
E.
Approved minor site plans.
(1)
If the approving authority grants approval, the applicant
shall provide 20 copies of the correct plan to the secretary of the
approving authority. The accuracy of the plan shall be certified by
the approving authority's engineering consultant. The chairman and
secretary shall affix their signatures to the plans.
(2)
The secretary of the approving authority shall retain
two copies of all executed documents and submit copies of the executed
plan to the following:
(a)
Administrative officer.
(b)
Borough Clerk.
(c)
Approving authority's attorney.
(d)
Approving authority's planning consultant.
(e)
Approving authority's engineering consultant.
(f)
Health Officer.
(g)
Morris County Planning Board, two copies.
(h)
Police Department.
(i)
Borough Engineer.
(j)
Borough Water Engineer.
(k)
Fire Prevention Bureau.
(l)
Tax Assessor.
(m)
Construction Official.
(n)
Applicant.
(o)
Other municipal, county and state officials
and agencies as directed by the approving authority.
(3)
Additional documents shall be routed as directed by
the approving authority where necessary.
The zoning requirements and general terms and
conditions, whether conditional or otherwise, shall not be changed
for a period of two years after the date of minor site plan approval.
