All applications shall be accompanied by copies of a proposed
site plan prepared by a licensed New Jersey engineer, architect or
professional planner, 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 this chapter. At the minimum, the
following information shall be submitted, unless waived or modified
by the Land Use Board in accordance with Subsection L hereof:
A.
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. Plans must have tax plat, block
and lot number of subject site indicated on plat and acreage of existing
and proposed lots in square feet or in the nearest hundredth of an
acre.
B.
The location, use, dimensions and arrangement 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.
C.
Provisions made for pedestrian circulation.
D.
The total gross floor area of all buildings, including basement and
finished floor elevations of all proposed buildings.
E.
The physical features of the tract, including existing topography
and proposed grading contours.
F.
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 § 96-18 hereof, with Chapter 180, Flood Damage Prevention, the State Soil Erosion and Sediment Control Act (N.J.S.A. 4:24-39 et seq.) and with such other applicable environmental standards as may be promulgated by federal, state and county agencies.
G.
A description, rendering, sketch, picture or plans of proposed buildings
or structures, including signs.
H.
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.
I.
A plan or description of buffer or screening devices and areas to
be installed and provisions to be made for the maintenance thereof.
J.
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 Land Use Board,
floor plans shall be submitted identifying such changes or alterations,
including locations of walls, partitions, doors, exits and common
areas.
K.
Sufficient data in all instances to enable the Land Use 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.
L.
The Land Use Board may waive or modify any 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 Land Use Board is also authorized
to waive public notice and hearing requirements for minor site plans
as provided by law.
[Amended 6-13-2018 by Ord. No. 14-2018]
A.
Performance guarantees.
(1)
No site plan shall be approved by the Land Use Board until the completion
of all such required improvements has been certified to the Land Use
Board by the Borough Engineer and Superintendent of Water and Sewer,
unless the applicant has furnished a performance guarantee in favor
of the Borough of Westville in an amount not to exceed 120% of the
cost of installation of only those improvements required by an approval
or developer's agreement, ordinance or regulation to be dedicated
to a public entity, and that have not yet been installed, which cost
shall be determined by the Borough Engineer, according to the method
of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A.
40:55D-53.4), for the following improvements as shown on the approved
plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting,
street trees, surveyor's monuments (as shown on the final map
and required by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) or
N.J.S.A. 46:26B-1 through 46:26B-8, water mains, sanitary sewers,
community septic systems, drainage structures, public improvements
of open space and any grading necessitated by the preceding improvements,
and within an approved phase or section of a development, privately
owned perimeter buffer landscaping. At the developer's option,
a separate performance guarantee may be posted for the privately owned
perimeter buffer landscaping.
(2)
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the Borough in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection A(1) of this section, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Zoning Officer, Borough Engineer, or other Borough official designated by the Borough Council. At no time may the Borough hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Zoning Officer, Borough Engineer, or other Borough official designated by the Borough Council upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(3)
Safety and stabilization guaranty.
(a)
In addition to a performance guarantee required pursuant to Subsection A(1) of this section, a developer shall furnish to the Borough a separate guarantee, referred to as a "safety and stabilization guarantee," in favor of the Borough, to be available to the Borough solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
[1]
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
[2]
Work has not recommenced within 30 days following the provision
of written notice by the Borough to the developer of the Borough's
intent to claim payment under the guarantee. The Borough shall not
provide notice of its intent to claim payment under a safety and stabilization
guarantee until a period of at least 60 days has elapsed during which
all work on the development has ceased for reasons other than force
majeure. The Borough shall provide written notice to the developer
by certified mail or other form of delivery providing evidence of
receipt.
(b)
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000. The amount of a safety and stabilization guarantee for
a development with bonded improvements exceeding $100,000 shall be
calculated as a percentage of the bonded improvement costs of the
development or phase of development as follows:
[1]
Five thousand dollars for the first $100,000 of bonded improvement
costs, plus 2 1/2% of bonded improvement costs in excess of $100,000
up to $1,000,000, plus 1% of bonded improvement costs in excess of
$1,000,000.
(c)
The Borough shall release a separate safety and stabilization
guarantee to the developer upon the developer's furnishing of
a performance guarantee which includes a line item for safety and
stabilization in the amount required under this subsection. The Borough
shall release a safety and stabilization guarantee upon the Municipal
Engineer's determination that the development of the project
site has reached a point that the improvements installed are adequate
to avoid any potential threat to public safety.
(4)
No more than 10% of the total performance guarantees shall be in
cash, and the balance shall be in the form of a surety bond issued
by a bonding company licensed to do business in the State of New Jersey
and rated A+ or better by A.M. Best or a letter of credit issued by
a banking institution licensed to do business in the State of New
Jersey. Such bond or letter of credit must be approved and accepted
by the Borough governing body. The Borough Engineer shall review the
improvements required by the reviewing board which are to be bonded
and itemize their cost. This itemization shall be the basis for determining
the amount of the performance guarantees required by the Borough and
the inspection fees required by this Code. The Borough Engineer shall
forward his/her estimate of the cost of improvements to the applicant
within 30 days after the date of receipt of a request sent by certified
mail for this estimate. Any performance guarantee delivered to the
Borough Clerk pursuant to this section shall be for an initial term
of not less than two years, shall provide for automatic one-year renewals
and shall only be terminable on the date of expiration, either of
the original period or any renewal period, upon not less than 60 days'
advanced written notice. In the event that any of the improvements
to be installed are covered by a performance guarantee to another
governmental agency, no performance guarantee shall be required from
the Borough for such improvements.
(5)
If, at any time during the period of time between acceptance of the
initial performance guarantee and the date the Borough Council formally
releases such performance guarantee, the Borough Council has reasonable
cause to doubt the value, legality, enforceability or effectiveness
of such guarantee, all development activity for which such guarantee
was established shall be discontinued until such time as a substitute
guarantee, in form and substance equivalent to the guarantee which
was required to be in place at the time the status of the original
guarantee was questioned, shall be delivered to and accepted by the
Borough Council. By way of illustration and not limitation, the following
shall be instances of reasonable cause to doubt the value, legality,
enforceability or effectiveness of such guarantees:
(a)
The company issuing the bond shall cease to do business, declare
insolvency or bankruptcy or be forced into involuntary bankruptcy.
(b)
The bank, savings and loan, credit union, mortgage banking company
or other banking or banking-like entity issuing a letter of credit
shall become insolvent, be taken over by any governmental or quasi-governmental
agency or company or otherwise cease to do business.
(c)
The issuer of any performance guarantee shall serve on the Borough
notice of termination or cancellation of such guarantee.
(6)
The amount of any performance guarantee may be reduced by the Borough
Council, by resolution, when portions of the improvements have been
certified by the Borough Engineer to have been completed. The time
allowed for installation of the improvements for which the performance
guarantee has been provided may be extended by the Borough Council
by resolution. If the sum of the approved bonded improvements would
exceed 70% of the total amount of the performance guarantee, then
the Borough may retain 30% of the amount of the total performance
guarantee to ensure completion and acceptability of bonded improvements,
as provided above, except that any amount of the performance guarantee
attributable to bonded improvements for which a temporary certificate
of occupancy guarantee has been posted shall be released from the
performance guarantee even if such release would reduce the amount
held by the Borough below 30%.
(7)
If the required improvements are not completed or corrected in accordance
with the finally approved development plans and approvals, the obligor
and surety shall be liable thereon to the Borough for the reasonable
cost of the improvements not completed or corrected, and the Borough,
either prior to or after the receipt of the proceeds of the performance
guarantee, may complete such improvements.
(8)
When all of the required improvements have been completed, the obligor
shall notify the administrative officer, in writing, by certified
mail, with a copy to the Municipal Clerk, of the completion of such
improvements and shall send a copy thereof to the Borough Engineer.
Upon receipt of this notice, the Borough Engineer shall inspect all
of the improvements and shall file a detailed report, in writing,
with the administrative officer, indicating approval, partial approval
or rejection of the improvements with a statement of reasons for rejection.
If partial approval is indicated, the cost of the improvements rejected
shall be set forth. The Borough Engineer shall have 45 days to inspect
all of the improvements and to file a detailed report, in writing,
with the administrative officer indicating approval, partial approval
or rejection of the improvements with a statement of the reasons for
rejection.
(9)
The Borough Council shall either approve, partially approve or reject
the improvements on the basis of the report of the Borough Engineer
and shall notify the obligor, in writing, by certified mail, of the
contents of the Borough Engineer's report and the action of the
Borough Council with relation thereto not later than 45 days after
receipt of the 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 the performance guarantee except for that
portion adequately sufficient to secure completion of the improvements
not yet approved. Failure of the Borough Council to send or provide
such notification to the obligor within 45 days shall be deemed to
constitute approval of the improvements, and the obligor and surety,
if any, shall be released from all liability pursuant to such performance
guarantee.
(10)
If any portion of the required improvements is rejected, the
obligor shall complete such improvements, and, upon completion, the
same procedure of notification as set forth in this section shall
be followed.
B.
Maintenance guarantees.
(1)
As a condition of the final release of all performance guarantees posted by an applicant with respect to any development approval within the Borough, and/or as identified in Subsection A(1), the applicant shall deliver to the Borough Clerk, for the purpose of assuring that all improvements installed in accordance with such development approval have been installed in a good and workmanlike manner and that all materials are fit for their intended purpose, a maintenance guarantee in accordance with the following standards:
(a)
The maintenance guarantee shall be for a period of two years, commencing on the date that the Borough Council finally accepts the improvements as being complete, in an amount not to exceed 15% of the total cost of the installation of the improvements as set forth on the Borough Engineer's estimate for such improvements completed with Subsection A.
(b)
The developer shall post with the Borough, upon the inspection
and issuance of final approval of the following private site improvements
by the Borough Engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the following private
site improvements: stormwater management basins, inflow and water
quality structures within the basins, and the outflow pipes and structures
of the stormwater management system, if any, which cost shall be determined
by the Borough Engineer according to the method of calculation set
forth in Section 15 of P.L. 1991. c. 256.
(c)
In the event that other governmental agencies or public utilities
automatically will own the utilities or improvements which are installed
or the improvements are covered by a maintenance guarantee provided
by the applicant to another governmental agency, no maintenance guarantee
in favor of the Borough shall be required for such utilities or improvements.
Such maintenance guarantee shall be in the form of a surety bond issued
by a surety licensed to do business in the State of New Jersey and
rated A+ or better by A.M. Best or a letter of credit issued by a
banking institution licensed to do business in the State of New Jersey.
Such maintenance guarantee shall be approved and accepted by the Borough
Council.
(d)
If, at any time prior to the expiration of the maintenance guarantee,
the Borough Council has reasonable cause to doubt the value, legality,
enforceability or effectiveness of such guarantee, the obligor must
deliver to the Borough Clerk a substitute guarantee, equivalent to
the guarantee which was required to be in place at the time the status
of the original guarantee was questioned. By way of illustration and
not limitation, the following shall be instances of reasonable cause
to doubt the value, legality, enforceability or effectiveness of such
guarantees:
[1]
The company issuing the bond shall cease to do business, declare
insolvency or bankruptcy or be forced into involuntary bankruptcy.
[2]
The bank, savings and loan company, credit union, mortgage banking
company or other banking or banking-like entity issuing a letter of
credit shall become insolvent, be taken over by any governmental or
quasi-governmental agency or company, or otherwise cease to do business.
(2)
If the Borough determines that any improvements which are covered
by such maintenance guarantee have not been completed in a good and
workmanlike manner, or that any materials which were incorporated
into such improvements are not fit for their intended purpose and
the obligor, under such maintenance guarantee, has not corrected the
improvements to the satisfaction of the Borough Engineer within 30
days after written notice of such defect, the obligor and the surety
shall be liable on such guarantee to the Borough for the reasonable
cost of correcting and/or replacing such improvements, and the Borough,
either prior to or after the receipt of the proceeds of such guarantee,
shall have the right, but not the obligation, to complete corrective
work or replacements of such improvements which may be required.
In addition to the requirements of this chapter, the following
standards shall be used by the Land Use Board as guidelines in reviewing
site plans:
A.
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.
B.
Landscaping shall be provided as part of the overall site plan design
and integrated into building arrangements, topography, parking and
buffering requirements. Landscaping shall include trees, bushes, shrubs,
ground cover, perennials, annuals, plants, sculpture, art and the
use of building and paving materials in an imaginative manner.
C.
Buffering shall be located around the perimeter of the site to minimize
headlights of vehicles, noise, light from structures and the movement
of people and vehicles and to shield activities from adjacent properties
when necessary.
D.
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) and equipment and storage areas from adjacent properties.
E.
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 arrangement
of parking areas that are safe and convenient and do not detract from
the design of the proposed structure and the neighboring properties.
F.
Adequate lighting shall be provided. 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.
G.
Provision shall be made for the cleanliness and maintenance of common
areas and for parking and landscaped areas.
H.
Signs shall be designated so as to be aesthetically pleasing and
harmonious with other signs on the site and located so as to achieve
their purpose without constituting hazards to vehicles and pedestrians.
I.
Storm drainage, sanitary waste disposal, water supply and garbage
disposal shall be reviewed and considered. Particular emphasis shall
be given to the adequacy of existing systems and the need for improvements,
both on site and off site, to adequately carry runoff and sewage and
to maintain an adequate supply of water at sufficient pressure.
J.
Garbage disposal shall be adequate to ensure freedom from vermin
and rodent infestation. All disposal systems shall meet municipal
specifications as to installation and construction.
K.
Environmental elements relating to soil erosion, preservation of
trees, protection of watercourses and resources, noise, topography,
soil and animal life shall be reviewed, and the design of the plan
shall minimize any adverse impact on these elements.
L.
Attention shall be given to safety and fire protection and impact
on surrounding development and contiguous and adjacent buildings and
lands.
