This Part 2 shall be known as the "Site Plan
Review Ordinance of the Township of Chester."
[Amended 7-8-2021 by Ord. No. 2021-10]
The development and use of land for commercial,
institutional, research, office, residential and other uses may have
a substantial impact upon the character of the Township and its environment,
as well as upon traffic, utilities and property values therein, thereby
affecting the public health, safety and general welfare. Therefore,
in order to foster the attractiveness of the Township and enhance
and conserve its desirability as a place to live and to work, to protect
its natural and man-made environment, to protect its water and air
resources, to minimize pollution of all kinds, to protect its historic
character, to provide an efficient road network, to ensure the movement
of traffic, to provide an efficient utility network and to implement
comprehensive planning and better serve the public health, safety
and general welfare, it is hereby required that plans for such uses
shall be referred to the Planning Board for its review and approval.
In the interpretation and the application of
the provisions of this Part 2, they shall be held to be the minimum
requirements for the promotion of the health, safety, morals and general
welfare. They are not intended to interfere with or abrogate or annul
other rules, regulations or ordinances, provided that where this Part
2 imposes greater restrictions, the provisions of this Part 2 shall
apply.
[Added 2-1-2005]
A.
Word usage.
(1)
The definitions contained in the Municipal Land
Use Law from N.J.S.A. 40:55D-3 through 40:55D-7, inclusive, are incorporated
by reference in this Part 2, including any future amendments, deletions
or interpretations.
(2)
Words used in the present tense include the
future. The singular number shall include the plural; the word "zone"
shall include the word "district;" the word "structure" includes the
word "building;" and the word "shall" is always mandatory.
(3)
The approving authority may modify the method
of computing measurements such as height, area and yard dimensions
when required by unusually shaped buildings or lots or similar conditions
where the literal enforcement would be impracticable or would be contrary
to the intent of this Part 2.
B.
SITE PLAN
(1)
(2)
(3)
MINOR SITE PLAN
MAJOR SITE PLAN
Terms defined. The following terms, when used in this
Part 2, shall have the meanings set forth, unless the context requires
otherwise.
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 and signs, lighting
and screening devices.
Any other information that may be reasonably
required in order to make an informed determination pursuant to Part
2, Site Plan Review, requiring review and approval of site plans by
the Planning Board, adopted pursuant to N.J.S.A. 40:55D-37 et seq.
Any development plan
for construction of less than 1,500 square feet of new or additional
building and/or eight new or additional parking spaces and does not
involve or require:
[Amended 4-18-2023 by Ord. No. 2023-08]
Any site plan not classified as a minor site plan.
[Amended 8-4-1998]
A.
All activities shall require site plan approval except
the following:
[Amended 7-8-2021 by Ord. No. 2021-10]
(1)
The construction, customary use and modification of single- or two-family
dwellings, including any permitted accessory buildings and uses incidental
to the principal use of the property; and
(2)
Farm structures other than those subject to the requirements set forth in § 113-243F(14).
These provisions shall not apply to subdivision or individual
lot applications for detached one- or two-dwelling unit buildings.
B.
No structure shall be erected, moved or externally
altered, no structure or land shall be used, no change in the use
of any structure or land shall be made and no building permit or certificate
of occupancy shall be issued, except in accordance with a site plan
which has been approved by the Planning Board in accordance with these
provisions, after a hearing on public notice.
C.
Site plan approval shall be required for all buildings
or land if one or more of the following criteria is met, as determined
by the Zoning Official when an applicant applies for a building permit:
D.
Any change of tenancy or change in the nature of occupancy
for a business or commercial building shall require the issuance of
a certificate from the Zoning Official that the change complies with
the provisions of this chapter.
E.
For a
minor site plan application wherein variance relief is required, the
Planning Board and Zoning Board of Adjustment may request any item
from the development application checklist that is otherwise required
for a major site plan should it be determined that such information
is necessary to review the requested variance relief.
[Added 4-18-2023 by Ord. No. 2023-08]
The Planning Board may waive all or part of
the requirements of this Part 2 if it finds that the proposed construction,
alteration, change of occupancy or use does not adversely affect the
public health, safety and general welfare. A statement of the reasons
for the decision shall be made a part of the records of the Planning
Board.
Site plans and amendments thereto shall be approved
by the Planning Board in the manner and in accordance with the procedures
and regulations set forth in this Part 2. The Planning Board, in approving
plans, may impose conditions or requirements. Such conditions and
requirements shall be provided and maintained as a condition to the
establishment, maintenance and continuance of any use or occupancy
of any structure or land to which they are appurtenant. The procedure
for and effect of preliminary and final approval of site plans shall
be as set forth in N.J.S.A. 40:55D-46 through N.J.S.A. 40:55D-53.
[Amended 8-4-1998]
A.
A certificate of occupancy issued by the Construction
Official is required for both initial occupancy and for the continued
occupancy and use of the building or land to which it applies, as
follows:
B.
Prior to the issuance of a certificate of occupancy,
the Construction Official shall certify that all new construction
conforms substantially to the requirements of the approved building
plans, and before so certifying, the Construction Official shall have
received from the Township Engineer a certificate that all site work
has been completed in accordance with the requirements of the approved
site plan.
In the event of a failure to comply with the
approved site plan, or any conditions or requirements imposed, the
Construction Official shall revoke the building permit or the certificate
of occupancy, as the case may be, and seek to enjoin the violation,
or take other lawful steps to enforce the requirements of the plan
or conditions.
A.
Upon special request from the applicant, the Planning
Board may defer the time for compliance with particular requirements
for site plan approval and permit the issuance of a temporary certificate
of occupancy when it shall have determined that:
B.
No temporary certificate of occupancy shall be valid
for longer than 180 days.
The plan or plans shall conform to the requirements
of all applicable laws, ordinances and codes of the Township, county,
state and federal government, or other agencies with jurisdiction
over such matters.
The Planning Board may refer site plans to other
local, county, state, federal, private or semipublic agencies for
review and recommendations.
Each application for site plan approval, where
required pursuant to N.J.S.A. 40:27-6.6, shall be submitted by the
applicant through the Planning Board Secretary to the County Planning
Board for review or approval, and the Planning Board shall condition
any approval which 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 period.
No construction shall occur pursuant to any
site plan, major or minor, until all conditions of approval have been
satisfied.
