Borough of Tuckerton, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Tuckerton 4-2-1979 by Ord. No. 3-1979. Amendments noted where applicable.]
Planning Board — See Ch. 45; Art. I.
Building construction — See Ch. 107.
Uniform construction codes — See Ch. 132.
Landmarks preservation — See Ch. 187.
Streets and sidewalks excavations — See Ch. 229, Art. III.
Subdivision of land — See Ch. 231.
Zoning — See Ch. 255.
Site development plans shall be so designed as to enhance the general appearance of the Borough of Tuckerton; to promote the harmonious use of the land; to lessen congestion in the street; to ensure safety from fire, panic and other dangers; to promote health, morals and general welfare; to provide adequate light and air; to prevent the overcrowding of land and buildings; and to encourage development and designs consistent with the purpose of the Zoning Ordinance of the Borough of Tuckerton.[1]
Editor's Note: See Ch. 255, Zoning.
Before application to the Building Inspector for a building permit for the construction of a building or alteration of an existing building other than a one-family dwelling and a two-family dwelling, an application shall be made to the Planning Board for site plan approval. No building permit shall be issued by the Building Inspector unless and until site plan approval shall first have been granted by the Planning Board.
Prior to the issuance of any building permit or certificate of occupancy, as the case may be, for any new building, addition to or alteration of an existing building, except for single- and two-family residences, or any change of use or a use variance obtained for any nonresidential use, a site plan shall be submitted to the Planning Board for its review and approval. Any site plan approval issued by the Planning Board shall be valid for a two-year period unless an extension is granted by the Planning Board. No changes shall be made in any site plan approved by the Planning Board without approval of the change by said Board.
Site plan approval shall not be required for business, commercial or industrial use building renovations and/or alterations when the Building Construction Official determines that said renovations or alterations:
[Added 5-4-1992 by Ord. No. 9-1992]
Will not result in an increase of the existing gross floor area of the building by more than 1,000 square feet.
[Amended 7-6-2015 by Ord. No. 9-2015]
Will not increase the intensity or type of use of the building.
Will not increase the number of required off-street parking spaces.
Will conform to the maximum and minimum building standards as set forth by ordinance.
Notwithstanding Subsection C above, any exterior business, commercial or industrial use building renovations or alterations of any existing landmark or building within any historic district shall require obtainment of a certificate of appropriateness from the Landmark Advisory Commission.
[Added 5-4-1992 by Ord. No. 9-1992]
Any site plan relating to a proposed use which would also require action of the Board of Adjustment or governing body shall first be submitted to the Planning Board for its review and approval, as set forth in this chapter. If the Planning Board finds that the site plan meets all the requirements except for any necessary variance or variances, it may approve said site plan subject to the approval of the Board of Adjustment or governing body.
The Planning Board may, with its approval, express its nonbinding opinion as to whether the variance or variances would be compatible with the zone plan and Zoning Ordinance or be detrimental to the health, welfare or safety of the Borough of Tuckerton. No site plan approval shall be construed to obviate or waive any requirement contained in this chapter.
[Amended 4-7-1980 by Ord. No. 2-1980]
The Planning Board shall act on any site plan submitted to it for its review within 45 days after filing of a complete application with the Secretary of the Planning Board; provided, however, that such time can be further extended with the applicant's consent. A definition of a complete application is set forth in Section 3 of P.L. 1975, c. 291, as amended.[1] The administrative officer, for purposes of determining when an application is complete, shall be the Borough Engineer.
Editor's Note: See N.J.S.A. 40:55D-3.
Each site plan submitted to the Planning Board for approval shall have the following information shown thereon or be annexed thereto:
The site plan shall be drawn at a scale of at least one inch equals 30 feet; provided, however, that where this scale would result in an unduly large map, the Planning Board may permit a smaller scale.
Place for the signature of the Chairman and Secretary of the Planning Board.
Name and title of applicant, owner and person preparing the map.
Place for the signature of the Borough Engineer.
Tax Map, lot and block number.
Date, scale and north sign.
Zone in which the property in question falls, and the zone dividing lines through, abutting or near the property.
The entire property in question even though only a portion of said property is involved in the site plan; provided, however, that where it is physically impossible to show the entire property on one sheet, a key map is permitted.
All abutting streets and property lines and location and setbacks of buildings on abutting lots, including fences, parking areas and access drives.
Front, side and rear setback dimensions.
All lot line dimensions.
Rights-of-way, easements and all other interests in lands, if any, and identify or explain those which are required to be deeded to the Borough.
The principal buildings and all accessory buildings, with dimensions, including the height, number of stories and first floor elevation.
Type of paving, curbs, sidewalks, parking space layouts and loading areas, with dimensions.
Location and construction details of catch basins and all storm drainage facilities, existing as well as proposed.
Location, size and type of all proposed landscaping, including shade trees both on the lot and along the public right-of-way. In addition, design details of fences, walls, guardrails and similar facilities shall be furnished. Plans for landscaping and landscape structures must accompany the application but may be on a separate plan to be approved by the Planning Board.
Location and type of all proposed lighting.
Location, size and general description of all proposed signs, including both business signs and those relating to off-street parking or loading areas.
Location, size and general descriptions of outside lighting.
A feasibility report from the Tuckerton Municipal Utilities Authority.
The horizontal and vertical alignment on the site plan shall be shown in sufficient detail that the plan could serve for construction layout for the various site features.
Size, height, location and arrangement of all proposed buildings and structures, including an architect's rendering of such building showing elevation views.
Proposed circulation, including access streets, aisles and lanes, parking spaces, loading areas, loading berths or docks, pedestrian walks and all related facilities for the movement and storage of goods, vehicles and persons on the site and for access and egress to and from the site.
Landscaped areas, fencing, signs and open spaces as well as the buffer areas which shall be provided for the purpose of isolating the activities conducted on the site from adjoining residentially zoned areas, if any.
All other proposed construction on the site.
Approximate location and description of all buildings, streets, alleys, highways, streams and other topographical features within the lot and within 200 feet of any boundary of said lot.
A statement indicating the number of square feet of enclosed building space and a design of the area provided for the parking of motor vehicles.
A written description of the proposed operations in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards.
The proposed number of shifts to be worked and maximum number of employees on each shift and/or the hours of operation for a commercial use, where applicable.
In the event that any applicant for site plan approval seeks to utilize a trailer or trailers on a temporary basis in connection with construction of the project at issue, said trailer(s) must be identified on the site plan. No such trailer(s) may be permitted on a permanent basis. The location and duration of the existence of said trailer(s) must be approved in conjunction with site plan approval. No such trailer(s) may be approved for a period longer than 90 days or as the Board approves. In the event that it is necessary for such temporary construction trailer(s) to be located on the site for a period greater than 90 days or for such period as the Board has approved, then the applicant must return to the Planning or Zoning Board for an extension. No extension greater than 90 days can be granted. In the event that it is necessary that a construction trailer or trailers be located on the site for a period greater than the original 90 days or such period as the Board has approved, and the ninety-day extension, then use variance approval must be obtained from the Zoning Board of Adjustment. Under no circumstances may any such trailer be used as a living unit.
[Added 12-21-1998 by Ord. No. 16-1998]
In acting upon any site plan submitted to it, the Planning Board shall ascertain that all of the terms, conditions, standards and requirements of this chapter are met. The Board shall consider how the site plan will affect congestion in the streets; safety from fire, panic and other dangers; health, morals or the general welfare; adequate light and air; the overcrowding of land or buildings; undue concentration of population; conservation of the value of property; and whether the proposed use will be conducive to the orderly development of the site in question as well as the general area in which it is located.
The following performance procedures shall be followed:
Said plan shall provide for adequate water supply, waste and sewage disposal facilities, and written approval of the State of New Jersey Department of Environmental Protection, where required, shall be furnished with said plan.
Adequate access and off-street parking and loading facilities for employees and visitors as required elsewhere herein shall be provided.
Suitable fencing, where necessary for health and safety, or screening and landscaping and such additional buffer areas as may be required in order to maintain the character and good appearance of the neighborhood shall be provided.
No operation shall be permitted or be carried on in such a manner as to endanger life or property or cause or be likely to cause fire, explosion, radiation and similar hazards or produce objectionable smoke, heat, glare, vibration or noise irrespective of whether the same is confined within the property covered under the site plan or beyond any property lines thereof.
The storage of all raw materials, fuels, finished products, machinery and equipment, including company-owned or -operated trucks and motor vehicles that are not within an entirely closed building, shall be limited to side or rear yards, provided that the same are adequately screened so as not to be visible from the street or from adjoining residential properties. If the same cannot be adequately screened, then the foregoing shall be maintained within a closed building.
The emission of noxious, toxic or corrosive fuel, gases or odors of the exhaust of waste into the air or dust or other substances is hereby prohibited.
Off-street parking areas shall be either portland cement paved or bituminous concrete paved on a minimum six-inch gravel base.
All utilities shall be placed underground.
Screening strips/buffers.
[Added 12-17-2007 by Ord. No. 15-2007]
Screening strip/buffer areas are required along all lot lines and street lines which separate a nonresidential use from either an existing residential use or a residential zoning district.
If a residential use is proposed next to a commercial use, then the residential use shall provide the appropriate buffer. Where a residential use on a single lot is proposed bordering a nonresidential use, the single lot shall provide a ten-foot-wide buffer.
Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views and reducing noise perception beyond the lot. Buffer widths shall be measured horizontally and perpendicularly to lot and street lines. No structure, activity, storage of materials, or parking of vehicles shall be permitted in a buffer area. The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevations, the type of buffer, such as dense planting, existing woods, a wall or a fence, buffer height, buffer width, and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line, or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot.
When buffers are required, building setbacks shall be measured from the buffer line.
All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs or scattered planting of live trees, shrubs, or other plant material meeting the following requirements:
The preservation of all natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area, provided the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, the plantings may be required;
Plant materials used in screen planting shall be at least three feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises. Such strips shall consist of, but not be limited to, dense evergreen growth or other approved plantings or, in the absence of natural evergreen growth, densely planted evergreens from the ground to a height of not less than eight feet. The buffer must provide year-round screening. In instances where new planting is required to provide said screen, such planting shall attain a height of not less than five feet after one growing season and not less than eight feet after three growing seasons;
The screen planting shall be so placed that at maturity it will not be closer than three feet to any street or property line (where possible);
Trees shall be at least five feet in height and 1 1/2 inches in diameter, measured at six inches above the ground, when planted and be of species common to the area, be of nursery stock, and be free of insects and disease;
Screening strips shall be at all times properly maintained so as not to become unsightly. Any plant material which does not live shall be replaced within one year or one growing season;
Screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.
Wherever this chapter imposes a landscaping or seeding requirement, natural vegetation may be substituted in all areas where it exists and has attained a height of at least six feet. The landscaping and seeding requirement shall still apply, however, in all areas not so covered.
A buffer zone shall be provided in conjunction with any nonresidential use abutting a lot zoned for residential purposes or occupied by a residential use. Such buffer requirements shall apply to every property line that abuts a residentially zoned or used lot. The minimum width of such buffer zone shall be 30 feet.
A screening strip shall be required between land which is zoned for multifamily use and which is adjacent to a single-family residential use or zone. In addition, any special use in any residential zone shall provide a screening strip along any property line that adjoins a single-family residential use or zone.
[Added 8-21-2006 by Ord. No. 11-2006]
Notwithstanding any provision to the contrary, curbs and sidewalks shall be required along all street frontages as a condition relating to any minor subdivision, major subdivision, minor site plan or major site plan approval granted by the Land Use Board in accordance with the requirements of § 231-29.1 of the Borough Code of the Borough of Tuckerton.
[Amended 10-19-1987 by Ord. No. 9-1987]
Twelve copies of each application and all supporting documents for site plan review shall be filed with the Secretary of the Planning Board at least 35 days prior to a scheduled public meeting of the Planning Board.
At the time of filing the application for site plan approval, the applicant shall pay to the Borough of Tuckerton all fees required pursuant to Chapter 45 of the Borough Code.
After the site plan has been approved, but before a building permit is issued, the applicant shall pay to the Borough of Tuckerton an engineering inspection fee of 6% of the estimated cost of installing all required site improvements as estimated by the applicant and approved by the Borough Engineer.
Exemption from payment of fees. In accordance with N.J.S.A. 40:55D-8, any philanthropic, fraternal and religious nonprofit organization holding a tax exempt status under the Federal Internal Revenue Code of 1954 is hereby exempt from the payment of any fees charged under this chapter by virtue of the provisions of N.J.S.A. 40:55D-1 et seq.
Prior to the issuance of a certificate of occupancy, all improvements as shown on the approved site plan shall have been completed. When, by reason of adverse weather conditions or other reasonable conditions, completion of certain improvements would cause an undue delay, there shall be required the posting of a cash performance guaranty sufficient in amount to cover the cost of all such uncompleted improvements as estimated by the Borough Engineer, assuring the installation of such uncompleted improvements within six months of the posting of the performance guaranty. The amount of the performance guaranty shall not be in excess of 100% of the cost of uncompleted improvements as estimated by the Borough Engineer. The performance guaranty shall be in the form of a certified check, drawn on a bank which is a member of the federal reserve system and payable to the Borough of Tuckerton, or in such form as may be approved by the Borough Attorney as to form and execution. A temporary certificate of occupancy shall be issued for the duration of the cash performance bond.
Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit and 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 Building Inspector or Zoning Officer finds that any conditions of site plan approval have not been met, he shall give the applicant 30 days' written notice to comply with said conditions. Failure to comply within this thirty-day period shall result in the revocation of the building permit or certificate of occupancy, as the case may be. Such violations may also be prosecuted under § 255-70 of the Code of the Borough of Tuckerton.
[Added 2-16-2016 by Ord. No. 1-2016]
Upon completion of all required site plan and subdivision improvements, the developer may request the Borough to accept the improvements for maintenance and release all performance guarantees in accordance with the following procedure:
Request for acceptance of improvements and release of performance guarantee shall be made in writing to the Borough Council with a copy sent to the Borough Engineer. Accompanying said request shall be a statement from the developer's engineer that he has inspected all improvements and that, in his opinion, they are in satisfactory condition to be accepted by the Borough.
Upon notice request for acceptance, the Borough Engineer shall make or cause to be made a final inspection of the improvements. Those improvements not in acceptable condition shall be reported to the developer, in writing, for correction, repair or replacement. Upon receipt from the developer's engineer of a report that the necessary corrections, repair or replacements have been accomplished, the Borough Engineer shall reinspect the improvements.
Prior to the Borough Engineer making his final report and recommendation to the Borough Council, the developer will supply as-built plans, signed and sealed by a licensed New Jersey professional engineer/surveyor showing surface grading, including major lot grading, building finished floor grades and curb and gutter grades, together with the horizontal and vertical location of underground facilities. Manholes, inlets, street trees and other such appurtenances, together with sidewalks and curbs, shall be shown in true location and grade. The as-built plans shall be submitted on reproducible media.
The developer shall furnish a maintenance bond in a form acceptable to the Borough in the amount of 15% of the total improvement cost estimate for a period of two years.
[Added 2-16-2016 by Ord. No. 1-2016]
After all of the requirements of § 220-9 have been complied with, the Borough Council may accept the improvements for maintenance and release the performance bonds.