[HISTORY: Adopted by the Mayor and Council of the Borough
of Swedesboro 5-19-1986 (Ch. 98 of the 1982 Code). Amendments noted where applicable.]
In order to protect and preserve the road network of the Borough,
to ensure the movement of traffic, to promote the development of a
beautiful and well-ordered community, to further the comprehensive
planning and to best serve the interests of the public health, safety
and general welfare, no public, professional, commercial, industrial
or other nonresidential use and no multifamily dwelling use shall
be permitted, nor shall any building permit or occupancy permit be
issued for such uses, until the procedure outlined in this chapter
has been complied with.
[Amended 2-16-1988]
When required by law, each application for site plan approval
shall be submitted by the applicant to the County Planning Board for
review and approval, and the approving authority shall condition any
approval that 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 with the required
time period.
A.
The applicant shall submit 15 copies of this complete application
for site plan or conditional use approval to the Zoning Office of
the Borough during regularly scheduled office hours, at least 14 days
prior to the next regularly scheduled meeting of the Board before
whom this application will be heard. The Board's time for review
shall begin upon submission of a complete application, and any submitted
application shall be deemed to be complete unless the applicant is
informed, in writing, by the Secretary of the Planning Board, within
21 days of the actual submission of the application, that it is incomplete.[1]
B.
A complete application for preliminary approval shall consist of
the following:
(1)
A properly completed site plan or conditional use information form.
(2)
The required fee.
(3)
A sealed site plan prepared by a professional engineer or land surveyor
licensed in the State of New Jersey on which the following is set
out:[2]
(a)
The scale, not to exceed one inch equals 100 feet on a sheet
no larger than 24 inches by 36 inches.
(b)
A locator map showing all road intersections within 500 feet
or the nearest intersection, whichever is most distant.
(c)
All structures, wooded areas and topography within two-foot
intervals, except where the slope exceeds 15%, in which case contour
intervals may be five feet for those areas.
(d)
All lot lines and owners of lots within 200 feet of the site.
(e)
Streets, easements, watercourses and rights-of-way, both existing
and proposed.
(f)
Utility and drainage plans.
(g)
Any extension of off-tract improvements necessitated by the
proposed development.
(h)
A soil erosion and sedimentation control plan, pursuant to the
requirements of N.J.S.A. 4:24-39 et seq.
(i)
Preliminary plans for elevations and locations of structures,
parking, lighting, loading, signs and landscaping.
C.
The Secretary of the Planning Board shall distribute the site plan
and/or conditional use application for review and report and, where
required, approval as follows:
The approving authority shall require, as a condition of site
plan approval, that the developer provide any reasonable and necessary
street improvements and water, sewerage and drainage facilities and
easements therefor located outside the property lines of the development
but necessitated or required by construction or improvements within
such development.
A.
Time limits.
(1)
Upon the submission to the Secretary of the Planning Board of a complete
application for a site plan for 10 acres of land or less, the Planning
Board shall grant or deny approval within 45 days of the date of such
submission or within such further time as may be consented to by the
developer, except that if the application for site plan approval also
involves an application for relief, the Planning Board shall grant
or deny approval within 95 days of the date of the submission of a
complete application to the Secretary of the Planning Board or within
such time as may be consented to by the applicant.
(2)
Upon the submission of a complete application for a site plan of
more than 10 acres, or for a conditional use approval, the Planning
Board shall grant or deny approval of the site plan and/or conditional
use within 95 days of the date of such admission or within such further
time as may be consented to by the applicant.
B.
Failure of the Planning Board to reach a decision within the specified
time periods or extensions thereof shall result in the approval of
the site plan and/or conditional use as submitted.
C.
The Planning Board may waive site plan approval requirements if the
construction or alteration or change of occupancy or use does not
affect existing circulation, drainage, relationships of buildings
to each other, landscaping, buffering, lighting and other considerations
of site plan review.
D.
If the Planning Board required any substantial amendment in the layout
of improvements proposed by the developer that 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.
E.
Nothing herein shall be construed to limit the right of the developer
to submit a sketch plat to the Planning Board for informal review,
and neither the Planning Board nor the developer shall be bound by
any discussions or statements made during such review, provided that
the right of the developer at any time to submit a complete application
for site plan approval shall not be limited by his submission of a
sketch plat and that the time for the Planning Board's decision
shall not begin to run until the submission of a complete application.
[Amended 2-17-1987]
A.
A public hearing shall be held on all applications for site plan
approval involving uses which, on the submitted complete application
for approval, show five or more off-street vehicle parking spaces.
A public hearing is not required for all other site plan applications.
B.
Whenever a hearing is required on application for site plan approval
pursuant to this section, the applicant shall give public notice by
publication in the official newspaper of the municipality at least
10 days prior to the date of the hearing.
C.
Form of notice. All notice required to be given pursuant to the terms
of this section shall state the date, time and place of hearing, the
nature of the matter to be considered and identification of the property
proposed for site plan approval by street address, if any, or by reference
to lot and block numbers as shown on the current tax duplicate in
the County Tax Assessor's office and the location and times at
which any maps and documents by which approval is sought are available
as required by law.
A.
The approving authority, when acting upon application for site plan
approval, shall have the power to grant such exceptions from the requirements
for site plan approval as may be reasonable and within the general
purpose and intent of this chapter 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.
The approving authority shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for approval without the developer being required to make further
application to the approving authority or the approving authority
being required to hold further hearings. The longest time period for
action by the approving authority, whether it be conditional use or
site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plan shall include reference to the request
for such conditional use.
[Added 8-17-2009 by Ord. No. 20-2009]
A.
The Planning/Zoning Board may waive requirements for site plan review
if the construction or alteration or change of use of a building or
structure does not affect existing circulation, drainage, relationship
of buildings to each other, landscaping, buffering, lighting or other
matters and things which are the usual and proper subjects of site
plan review.
B.
In order to request a waiver of site plan review, an applicant shall
submit an application for the waiver of site plan, along with a record
plan of the existing conditions found on the land (or a copy of a
record plan previously on file with the municipality) and the required
application fee and review escrow. Upon receipt of a complete application
package the Planning/Zoning Board Secretary shall set a date for consideration
for the labor request by the Planning Board.
C.
A record plan shall consist of:
(1)
A plan, at scale of one inch equals 20 feet, or the largest scale
possible to show the entire site on one sheet, up to a minimum scale
of one inch equals 50 feet, showing accurately, and with complete
dimensioning, the boundaries of the site and the location of buildings,
structures, uses, parking areas, vegetation, utilities, lighting and
other principle features of the subject parcel or lot; and
(2)
An architectural record of the existing structures on the site, including
at a minimum:
(a)
Photographs of all facades;
(b)
A copy of the Borough Assessor's record card of the property
architectural elevations of the building, if they currently exist;
(c)
A letter of opinion submitted by a qualified architect, registered
in the State of New Jersey, stating the historical period and the
building style of the existing building.
D.
The applicant shall file with the Planning/Zoning Board Secretary
16 copies of the required record plan and supporting documents.
E.
The Board Secretary, upon determination that the submission is complete,
shall distribute copies, as applicable, to the following municipal
agencies along with a request for comments or objection to a waiver
of a site plan review:
