The purpose of the site plan review shall be to determine whether
the proposed use, building, structure, development or addition to
any building, use, structure or development conforms to the revised
statutes of the State of New Jersey, the resolutions of the County
of Camden and the Zoning Ordinance[1] and all other applicable regulations, and to exercise
the power granted to the Township pursuant to the provisions of the
Municipal Land Use Law.[2] Site plan review shall encourage adequate provisions for
traffic and circulation, the provision of recreation and open space
when required, the promotion of safety from fire and other dangers,
adequate provision for light and air, the promotion of good design,
the general purpose of guiding the development of the Township, and
to best promote the health, safety, order, convenience and general
welfare as well as efficiency and economy in the process of development
and the maintenance of established property values.
A.
Development. Site plan review and approval by resolution of the Planning
Board shall be required as a condition for the issuance of any permit
for development, except that subdivision or individual lot application
for detached one- or two-dwelling-unit buildings shall be exempt from
such site plan review and approval. The resolution of the Board of
Adjustment shall substitute for that of the Planning Board whenever
the Board of Adjustment has jurisdiction over a site plan, pursuant
to Subsection 63b of the Municipal Land Use Law, P.L. 1975, c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-76b.
B.
Change of use. Site plan review and approval must be obtained prior
to the conversion of any use to any other use even though no new construction
is planned when the conversion occurs. The purpose of the Planning
Board review shall be to determine that the new use will conform to
all appropriate municipal regulations and to assure that the existing
facilities shall be adequate for the proposed use.
The following regulations shall apply to applications for preliminary
site plan approval:
A.
The applicant shall submit six copies of the site plan to the Planning
Board Secretary at least two weeks prior to the next regularly scheduled
meeting of the Planning Board. The Planning Board Secretary shall
then forward one copy of the site plan to the Township Engineer and
three copies of the site plan to the County Planning Board, if the
proposed development will have any impact on a county facility.
B.
The Planning Board Secretary shall review the site plan to assure
that it conforms to the requirements of the Zoning Ordinance,[1] the graphic standards of this chapter and any other applicable
municipal regulations. If the application for development is found
to be incomplete, the developer shall be notified of this fact within
45 days of the submission of such application, or it shall be deemed
to be properly submitted.
C.
If the Planning Board requires 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. The Planning Board shall, if the proposed development
complies with this chapter and the Municipal Land Use Law,[2] grant preliminary site plan approval.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Upon the submission to the Planning Board Secretary of a complete
application for a site plan for 10 acres of land or less, the Planning
Board shall grant or deny preliminary approval within 45 days of the
date of such submission or within such further time as may be consented
to by the developer. Upon the submission of a complete application
for a site plan of more than 10 acres, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval of the site plan.
E.
Any preliminary site plan applications submitted under the provisions
of this chapter shall include the following:
(1)
A completed application form and the payment of the application fee.
(2)
A true and accurate plot plan at a scale of not less than one inch
equals 50 feet or, in the case of an area of 50 acres, the plot plan
may be drawn to a scale of one inch equals 100 feet. All submissions
must be on a uniform sheet size.
(3)
The zoning classification of the property, the tax plat and block
and lot numbers, the tract name, and the owner of record as listed
in the Official Tax Book.
(4)
The location of any proposed buildings, structures, open spaces and
park or recreation areas if the use is residential.
(6)
The acreage of the tract to the nearest 1/10 of an acre.
(7)
Contours at a two-foot interval maximum. Contours should be referenced
to United States Geological Survey datum, extended 200 feet beyond
the lot lines where possible and necessary.
(8)
The location of watercourses and their extent, surface elevation,
depth and their flood plans.
(9)
All lot lines, setback lines, railroads and their rights-of-way,
the location and purpose of any easements and underground or overhead
utility lines of any street which abuts the property.
(11)
A parking and circulation plan showing the location and arrangement
of vehicular accessways and the location, size and capacity of all
parking and loading areas.
(12)
A complete landscape plan with an irrigation system, including the size and type of all plantings. In the Pinelands Area, landscaping plans shall incorporate the elements set forth in Chapter 340, § 340-21C(4).
[Amended 10-13-1992 by Ord. No. 1992-20; 5-27-1997 by Ord. No.
1997-10]
(13)
Pavement construction detail.
(14)
A drainage plan containing the following:
(a)
The size, location and slope of any existing or proposed pipes.
(b)
The size, type, invert elevation and location of any existing
or proposed drainage inlets.
(c)
The disposition of all off-site drainage.
(d)
Proposed contours with intervals of one foot where slopes are
more than 3% but less than 15% and five feet when 15% or more. The
location of any ditches, swales, berms or streams shall also be shown.
(e)
The drainage calculations to substantiate the capacity of the
storm drainage system.
(15)
Curbs, sidewalks and all other areas devoted to pedestrian use.
(16)
The building's front, side and rear elevations and floor plan.
(17)
A key map showing the location of the site within the Township.
(18)
The site lighting plan.
(19)
A copy of the protective covenant or deed restrictions applying
to the tract to be developed shall be submitted along with the site
plan.
(20)
Any other information which is deemed to be necessary for the
review of the site plan by the Planning Board.
(21)
All applications for commercial and/or industrial approval shall
require a site lighting plan which utilizes only high pressure sodium
lighting.
[Added 8-26-1996 by Ord. No. 1996-22]
F.
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant preliminary subdivision approval conditioned upon such evidence being presented as a prerequisite to final subdivision approval. For such a final site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 200-49 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision approval, or if no such approval is required, prior to the issuance of any construction permits.
[Added 11-28-1988; amended 5-27-1997 by Ord. No. 1997-10; 5-28-2002 by Ord. No.
2001-10]
The following regulations shall apply to the applications for
final site plan approval:
A.
Upon receiving preliminary site plan approval, a developer shall
become eligible to apply for final site plan approval.
B.
The applicant shall submit six copies of the site plan to the Planning
Board Secretary at least two weeks prior to the next regularly scheduled
meeting of the Planning Board. The Planning Board Secretary shall
then forward one copy of the site plan to the Township Engineer and
three copies of the site plan to the County Planning Board if the
proposed development will have any impact on a county facility.
C.
The Planning Board Secretary and Township Engineer shall review the
site plan to assure that it conforms to the graphic standards of this
chapter, the Zoning Ordinance,[1] the conditions imposed under the terms of the preliminary
site plan approval and any other applicable municipal regulations.
D.
Final approval.
(1)
Final approval shall be granted or denied within 45 days after submission
of a complete application to the Planning Board Secretary or within
such further time as may be consented to by the applicant. Failure
of the Planning Board to act within the period prescribed shall constitute
final approval, and a certificate of the administrative officer as
to the failure of the Planning Board to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other evidence of approval herein required.
(2)
Whenever review or approval of the site plan application by the County
Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A.
40:27-6.6), the Planning Board shall condition any approval that it
grants upon timely receipt of a favorable report on the application
by the County Planning Board by its failure to report thereon within
the required time period.
E.
No building permit shall be issued and no construction shall commence
until the Building Inspector has received an approved site plan bearing
the signature of the Planning Board Secretary. No certificate of occupancy
shall be issued and no occupancy shall take place until and unless
all construction and required improvements shall be completed in conformity
with the approved site plan and any conditions required under the
terms of the site plan approval.
F.
Any final site plan application submitted under the provisions of
this chapter shall include the following:
(1)
A completed application form and the payment of the application fee.
(3)
The following certifications shall appear on the site plan:
[Amended 9-10-1984 by Ord. No. 19-1984]
|
Final site plan approval granted on _____ by the Township of
Berlin Planning Board.
| ||
|
| ||
|
Secretary
| ||
|
I hereby certify that the engineering conditions imposed on
this application for final site plan approval have been met.
| ||
|
| ||
|
Township Engineer
| ||
G.
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 200-49 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Added 11-28-1988; amended 5-28-2002 by Ord. No. 2001-10]
The applicant is responsible to include all date required to
enable the Planning Board and the agencies affiliated with it to assure
that the site plan will be in the best interest of the public health,
safety and general welfare of the Township. Failure to supply the
information alluded to above shall be sufficient basis for the disapproval
of an application for building design and site plan approval.
Site plan review shall consider but not be limited to the following:
A.
Provisions to minimize any adverse effects that the proposed project
could have on the human or natural ecology of the area.
B.
Assurance that the proposed project shall comply with the regulations
of the state, county and Township.
C.
Parking and traffic control, including design requirements for curbing,
parking areas, driveways, pedestrian walkways and requirements to
further the best interest of the public health, safety and general
welfare.
D.
The protection of the rights of adjoining property owners.
E.
Provisions for necessary utilities, such as water, sewers, gas and
electric.
F.
The stormwater collection and disposal system.
G.
Noise abatement, odor and rodent control and trash and garbage collection.
H.
Provisions for soil erosion control.
[Added 5-12-2008 by Ord. No. 2008-8]
A.
There is hereby established a Development Review Committee, the intent
of which is to streamline the development review process. The Committee
meeting will be a working session between the Committee and the applicant,
to review the application, provide insight into any deficiencies of
the plan, and to offer suggestions and recommendations for the improvement
of the plan. It is not a public hearing and need not be advertised.
It is an informal review, and no action will be taken as a result
of this review. The meeting is open to the public, but participation
in discussions is limited to Committee members and applicants only.
B.
Membership.
(1)
The Development Review Committee may be composed of the following
members, who will be invited to attend and offer comments:
(a)
The Mayor or the Council person who is the Class III Planning
Board member;
(b)
The Planning Board Chairperson or designated Planning Board
member;
(c)
The Zoning Officer or their designated representative;
(d)
The Construction Official or their designated representative;
(e)
The Public Works Director or their designated representative;
(f)
The Sewer Operator or their designated representative;
(g)
The Fire Chief or their designated representative;
(h)
The Police Chief or their designated representative;
(i)
The Planning Board Solicitor or their designated representative;
and
(j)
The Planning Board Engineer or their designated representative.
(2)
The designated representative shall be selected by the respective
official. Additional departments and agencies may be requested to
attend, as needed.
C.
Officers. The Planning Board Chairperson, Vice Chairperson or the
Chairman's designated representative shall serve as Chair to the Development
Review Committee.
D.
Duties. The Development Review Committee shall perform the following
duties:
(1)
Perform a technical review of the development of new or revised plans
for development, which may consist of development proposals, site
plans and subdivision plans, and submit comments to the Planning Board
to determine consistency with the Master Plan, Zoning Ordinance,[1] this chapter and other regulations and standards.
(2)
Provide reviews of the technical aspects of the Zoning Ordinance
and this chapter and submit recommendations to the Planning Board.
(3)
Perform the technical review of plans for roadway improvements along
state and county roadways and submit comments to the governing body
and Planning Board.
(4)
Perform any other related duties which are directed by the governing
body.
E.
Schedule for Development Review Committee. Meetings of the Development
Review Committee shall be scheduled on an as-needed basis.
F.
Procedure. The applicant shall submit a complete application package
to the Planning Board Secretary for the proposed development. The
Planning Board Secretary will submit the application package to the
Planning Board Engineer for his determination of the necessity for
review by the Development Review Committee. If the Engineer determines
that the application must be reviewed by the Development Review Committee,
the Planning Board Secretary will distribute copies of the contents
of this application package to the members of the Development Review
Committee within one week of the date of receipt of the application
package. The Development Review Committee members may review the application
package, prior to the Development Review Committee meeting, and submit
their comments verbally at the Development Review Committing meeting
or in writing for discussion at the Development Review Committee meeting.
The meeting shall not be conducted unless there is a member of the
Planning Board present at the meeting. Minutes of the meeting, recording
the general discussion of the meeting, will be prepared by an attending
member or their designee. Thereafter, the Development Review Committee
shall submit the minutes, as well as any comments, to the Planning
Board within seven days after the Development Review Committee meeting.
G.
Attendance by applicant. The applicant must attend the Development
Review Committee meeting. Failure of the applicant to attend the Development
Review Committee meeting will result in the application being deemed
incomplete, and the matter will not proceed to the Planning Board
for review.
[Amended 6-10-2019 by Ord. No. 2019-5]
The Planning Board shall be empowered to require that the applicant furnish a performance bond for off-site and on-site improvements shown on its site plan for the purpose of guaranteeing the completion of said improvements as required in this chapter. An estimate of improvement cost shall be prepared by the Township Engineer in order to determine the amount of the performance guaranty, which shall be reviewed and have the approval of the Township Solicitor as to both form and amount prior to the issuance of any permits. Posting of the performance guaranty shall be in accordance with the provisions of Article XI, Performance Guaranties, of this chapter.
An application for the amending of an approved site plan may
be made by the applicant following the approval of his site plan application
by the Planning Board. Amendments shall be limited to minor changes
in the design of the proposed development and shall not include any
proposal for a different use of the property, as design of the proposed
development, and shall not include any proposal for a different use
of the property, as defined in this article. Applications for amendments
to approved site plans shall adhere to the following procedures:
A.
Applications shall be made in the form of a letter to the Secretary
of the Planning Board identifying the changes requested. The letter
shall be accompanied by three copies of a site plan detailing the
proposed site design change.
B.
The Secretary shall review the plans in order to ensure that they
comply with the requirements of this article and all appropriate municipal
regulations. He shall then submit the application for an amendment
to the site plan to the Planning Board for their action.
C.
The Planning Board shall either approve, approve with conditions
or disapprove the proposed amendment. In the event of a disapproval,
the reasons for the disapproval shall be stated during the public
meeting at which the action is taken. Disapproval may be based on
the Planning Board's decision that the scope of the proposed change
justifies the submission of a new application for building design
and site plan approval.
D.
In the event of approval with conditions, the plan shall not become
eligible to receive a building permit from the Planning Board Secretary
until such time as a site plan is submitted which is revised to comply
with the conditions imposed by the Planning Board.
E.
In the event of an approval or an approval with conditions in which
the applicant has submitted a site plan that has been revised to conform
to the requirements established by the Planning Board, the Secretary
of the Planning Board shall sign one copy of the approved site plan
and transmit it to the Building Inspector in order that the applicant
may apply for a building permit.
The construction proposed by a preliminary site plan or final
site plan approved by the Planning Board must be completed within
two years from the date upon which site plan approval was granted
by the Planning Board. Failure of the applicant to complete construction
within such period shall nullify and void the site plan approval granted
for the premises as if no site plan approval had ever been granted
for the plan, and said applicant will be in violation of this chapter
if any construction or excavation is undertaken or continued after
the expiration date of the two-year period from the date of approval.
The Planning Board may, upon good cause shown, extend the period specified
above for a reasonable period of time in order to avoid undue hardship
and unfairness.
The Planning Board, when acting upon applications for preliminary
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 the provisions for site
plan review and approval of an ordinance adopted pursuant to 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.
The Planning Board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer being required to make
further application to the Planning Board or the Planning Board being
required to hold further hearings. The longest time period for action
by the Planning Board, whether it is for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this section, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
A.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to this section, whether conditional or otherwise, shall not be changed
for a period of two years after the date of final approval. If the
developer has followed the standards prescribed for final approval,
the Planning Board may extend such period of protection for extensions
of one year, but not to exceed three extensions.
B.
In the case of a site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and the nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
