The purpose of this article shall be to provide rules, regulations
and standards to guide land development in the Borough of Bellmawr
in order to promote the public health, safety, convenience and general
welfare of the Borough.
The approval provisions of this article shall be administered
by the Planning Board or Zoning Board of the Borough of Bellmawr.[1]
Prior to the issuance of any building permit by the Construction
Official for any proposed land development or construction of any
structure, including commercial, industrial, multifamily structures
and residential development containing three or more units, or any
land development requiring off-street parking area or off-street standing
area for an excess of four vehicles, a site plan shall be submitted
to the Planning Board for its review and action. A site plan may be
submitted to the Zoning Board subject to the requirement of the New
Jersey Municipal Land Use Law.[2] An engineering review may be required for any proposed
land development of fewer than three units of residential development
at the discretion of the Construction Official.
A.
Preliminary site plan application and approval.
(1)
The applicant shall submit to the Borough Clerk, at least 10
days prior to the meeting at which consideration is desired, the following:
(a)
Two copies of the Borough site plan application.
(b)
Application and review fee.
(c)
Ten copies of the preliminary site plan.
(d)
Two copies of the preliminary floor plan and evaluation if building
construction is proposed.
(e)
Four copies of the Camden County Planning Board application
if the site plan affects or is located on a county highway or facility.
(f)
Statement from Tax Collector that taxes have been paid up to
date.
(2)
If the application for development is found to be incomplete,
the applicant shall be notified thereof within 45 days of the submission
of such application, or it will be deemed to be properly submitted.
(3)
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 article and the Municipal Land Use Law, grant preliminary
site plan approval.
(4)
Upon the submission of a complete application for a site plan
for 10 acres of land or less, and 10 dwelling units or fewer, 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, or more than 10
dwelling units, 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.[1]
B.
Final site plan application and approval.
(1)
The applicant shall submit to the Borough Clerk, at least 10
days prior to the meeting at which consideration is desired, the following:
(a)
Two copies of the Borough site plan application.
(b)
Ten copies of the final site plan.
(c)
Two copies of the preliminary floor plan and elevation if any
changes to said plans have been made.
(d)
Four copies of the Camden County Planning Board application
if the site plan affects or is located on a county highway or facilities.
(2)
Any part or all of the submission for final application may
be waived by the Planning Board. The Planning Board shall grant final
approval if the detailed drawings, specifications and estimates of
the application for final approval conform to the standards established
by ordinance for final approval and the conditions of preliminary
approval.
(3)
Final approval shall be granted or denied within 45 days after
submission of a complete application 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 certification 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.
(4)
Whenever review or approval of the application by the County
Planning Board is required in the case of the site plan, the Municipal
Planning Board 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 within the required time period.[2]
C.
Exception in application for site plan approval; simultaneous review
and approval.
(1)
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 if the literal enforcement of one or more provisions of
this article is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
(2)
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, notice of the hearing on the plat
shall include reference to the request for such conditional use.
D.
Effects of final approval of a site plan. The zoning requirements
applicable to the preliminary approval first granted, whether conditionally
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. Notwithstanding any other provisions of the Municipal
Land Use Law, the granting of final approval terminates the time period
of preliminary approval.
Whenever an application for approval of a subdivision plat,
site plan or conditional use includes a request for a variance pursuant
to Section 47 of the Municipal Land Use Law,[1] the Planning Board shall grant or deny approval of the
application within 95 days after submission by a developer of a complete
application to the administrative officer 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 approval of the
application, 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-60.
The Planning Board shall notify the Construction Official of
its action on the final site plan. A copy of such action shall be
forwarded to the applicant.
In the event that the Planning Board disapproves a final or
preliminary site plan application, the reasons for disapproval must
be stated in writing. Copies of the report disapproving said plan
shall be forwarded to the applicant and the Construction Official.
When final approval is granted, no changes or alterations shall
be made in any portion of the site plan over which the Planning Board
has approval power without approval of said change by the Planning
Board. No change of engineering design shall be made without the approval
of the Borough Engineer.
The Planning Board may, by the adoption of appropriate bylaws,
vest all or a portion of its power to review and approve site plans
to a designated committee of said Board.
A.
Application fees shall be paid to the Borough Clerk for site plan review by the applicable board in accordance with the fee schedule set forth in Chapter 210, Fees.
B.
Engineering review fees.
(1)
Upon application and submission of a preliminary site plan to the applicable board, the applicant shall deposit the moneys in accordance with the fee schedule set forth in Chapter 210, Fees, to be used to defray the costs of the Board's professionals, including but not limited to engineering review, report and inspection fees.
(2)
The Borough Clerk is hereby authorized to set up a separate
bank account titled "Engineering Review and Inspection Account," into
which all moneys deposited by site plan applicants shall be placed.
All engineering fees related to said site plans shall be separately
vouchered by the engineer, and all such bills shall be paid from this
account. In addition, any other professional services authorized by
the applicable board in connection with a site plan shall also be
separately vouchered and paid from this account. A fee schedule for
professional services to be charged by the professionals shall be
on file with the Borough Clerk. The professional services escrow deposits
referred to above shall be held by the Borough without the payment
of interest. An individual accounting of each escrow account shall
be maintained by the Borough Clerk, and copies shall be available
to the applicant without cost.
(3)
Any excess money remaining in the escrow deposit account after
payment of the aforesaid professional services fees shall be returned
to the applicant without interest within 30 days after completion
of the required improvements and approval of the Borough Engineer.
(4)
In the event that the escrow deposit made hereunder is insufficient
to pay for the professional services fees, the applicant, upon notice
from the Borough Clerk, shall forthwith pay the sum of money equal
to such deficiency.
(5)
The amount of escrow money required to be held by the Borough
may be increased or decreased, as the case may be, by a detailed request
by the professional consultants, setting forth the necessity therefor,
with the approval of the approving authority first had and obtained.
In the case of a required increase in the escrow deposit, the applicant
shall pay such increase to the Borough forthwith. In the case of a
decrease in the escrow deposit, the Borough Clerk shall make a refund
to the applicant within 30 days of said approval of reduction.
A.
Preliminary site plan detail requirements.
(1)
Scale shall be not smaller than one inch equals 58 feet and
not larger than one inch equals 10 feet.
(2)
Map size. The size of all site plans shall be consistent with
the sizes permitted under P.L. 2011, c. 217, known as the "New Jersey
Map Filing Act," N.J.S.A. 46:26B-1 et seq., as follows:[1]
(3)
The name and address of the applicant and the owner and the
name, address and title of the person preparing the plan and maps,
including appropriate map titles and accompanying date.
(4)
The Tax Map lot and block numbers, tax sheet numbers and a key
location map.
(5)
The date, scale and North arrow.
(6)
The zone district in which the lot or lots are located.
(7)
The existing and proposed principal building or structure and
all accessory buildings or structures, if any.
(8)
The location and size of all existing and proposed driveways,
parking areas and loading areas.
(9)
The location, size and nature of the entire lot or lots in question
and any contiguous lots owned by the applicant or in which the applicant
has a direct or indirect interest, even though only a portion of the
entire property is involved in the site plan for which approval is
sought; provided, however, that where it is physically impossible
to show entire lot or lots or contiguous lots on one map, a key map
thereof shall be submitted.
(10)
The location, names and widths of all existing and proposed
streets.
B.
Final site plan requirements.
(2)
An appropriate place for the signatures of the Planning Board
Chairman, Planning Board Secretary and Borough Engineer.
(3)
All existing and proposed setback dimensions, landscaped area,
fencing and trees over two inches in diameter, except that a substantially
wooded area may be shown as a wooded area in lieu of showing individual
trees.
(4)
All existing and proposed signs and lighting standards, utility
poles and their size, type of construction and location.
(5)
Existing topography based on United States or New Jersey Coast
and Geodetic Survey data or approved local data with a maximum of
two-foot contour intervals.
(6)
Proposed grading and elevations of all construction, including
storm sewer, paved areas, curbing, utilities and any buildings.
(7)
The location, type and size of all existing and proposed catch
basins, storm drainage facilities and utilities, plus all required
design data supporting the adequacy of the facilities. Storm sewer
and sanitary sewer pipe shall be designed according to Manning's Formula.
Stormwater runoff shall be designed using the rational or Natural
Resources Conservation Service method. Retention basins shall be designed
using the Natural Resources Conservation Service method.[2]
(8)
The location, type and size of all existing and proposed curbs,
sidewalks, driveways, fences, retaining walls, parking space areas
and layouts thereof and all off-street loading areas, together with
all of the dimensions of all the foregoing on the site in question
and within 50 feet of said site.
(9)
The location, size and nature of all existing and proposed rights-of-way,
easements and other encumbrances and all underground utility easements
and mains within the street rights-of-way which may affect the lot
or lots in question, and the location, size and description of any
lands to be dedicated to the municipality or within the right-of-way
of streets of the municipality.
(10)
Grades and/or cross sections and profiles of all proposed streets
and existing streets abutting the lots in question and within 100
feet thereof.
(11)
Any and all other information and data necessary to meet any
of the requirements of this article not listed above.
Failure to comply with any of the conditions of this article
for site plan approval subsequent to the receipt of a building permit
shall be a basis for one or more of the following actions:
A.
Revocation of the building permit.
B.
The revocation or withholding of the issuance of a certificate of
occupancy.
C.
Forfeiture of any performance bond or other payment guaranty, such
as escrow for future street construction, drainage, etc., required
by the Borough to cover the costs of improvements.
D.
Appropriate court action where provided for by law.
Any site plan approved by the Planning Board under the terms
of this article shall be valid for a period of time equal to the period
of time for which the building permit has been issued or is about
to be issued covering said site.
Any person aggrieved by the action of the Planning Board in
regard to site plan approval may file an appeal in writing to the
Mayor and Council within 10 days after the date of publication of
the action of the Planning Board. The Mayor and Council shall consider
such an appeal pursuant to the provisions of Article 8 of the Municipal
Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-62 et seq.
As a condition to the approval of a site plan, the Planning
Board may require the dedication of additional rights-of-way or easements.
On an existing road, the additional right-of-way shall be that portion
of the site which abuts a road and which lies between the existing
right-of-way and the proposed future right-of-way line for the road.
However, where the proposed future right-of-way lines for an existing
county road are drawn so that the total additional right-of-way is
to be secured from just one side of the road, only 1/2 of that additional
right-of-way shall be required to be dedicated as a condition to the
approval of the site plan. Also, the Planning Board may require the
reservation of the remaining area of future right-of-way for future
acquisition. The building setback line shall be measured from the
future right-of-way line. In order to effect dedications required
by this section, a deed for such lands shall be furnished to the Borough
in a form approved by the Borough Attorney. Easements shall be granted
as determined to be in the best interest of the Borough by the Planning
Board, with the approval of Borough Council, to assure access for
proper maintenance of drainage, utilities, sewerage, streets and any
other municipal facility or service.
[Amended 11-23-1982 by Ord. No. 10:15-82]
A.
Requirements to be met. As a condition to the approval of a site
plan, the applicable board shall require the developer to submit to
the Borough a performance guaranty in a form approved by the Borough
Attorney and in an amount determined by the Borough Engineer adequate
to cover 100% of all off-site improvements, including cost escalation,
that are required by the applicable Board in connection with the site
plan, including street construction, drainage construction, soil erosion
and sediment control construction, utilities relocation and construction,
restoration of natural streams and restoration of the site in the
event that construction is abandoned. Certificates of occupancy shall
not be issued until all improvements have been completed to the satisfaction
of the applicable Board and written certification has been issued
by the applicable Board.
The performance guaranty shall be retained until all improvements
have been completed and all conditions have been fulfilled to the
satisfaction of the Borough Engineer and the Planning Board, and,
upon certification from the Planning Board and Borough Engineer that
the improvements installed on any right-of-way are acceptable to that
Board, the Mayor and Council shall direct the release and return of
the performance guaranty. The Planning Board may, in its discretion,
require, as a condition for the release of the performance bond, the
posting of a maintenance bond in the amount of 10% of bondable improvements,
but not less than $500, for a period not to exceed two years from
the date of acceptance of the improvements pursuant to the statutes
of the State of New Jersey in such case made and provided. The applicant
shall assume all liability during construction and until such time
as improvements are accepted by the Borough.
B.
Off-street parking areas shall be designed to prevent the maneuvering
of vehicles into or out of parking spaces or the storage of vehicles
within any portion of an entrance driveway or driveway land that is
within 20 feet of the right-of-way line of a road. Off-street parking
areas should be so designed as to permit all vehicles to turn around
on the site in order to prevent the necessity of any vehicle backing
onto the road from such site.
C.
No required off-street parking space, including adjacent parking
areas, access lanes or maneuvering space, shall be located within
the existing or proposed right-of-way of a road, including the sidewalk
area.
D.
Minimum clear lane widths allowed are as follows:
|
Parking Angle
|
Required Lane Width
(feet)
| |
|---|---|---|
|
45°
|
15
| |
|
60°
|
19
| |
|
70°
|
21
| |
|
80°
|
24
| |
|
90°
|
25
|
Any site plan that provides temporary stopping space or maneuvering
space for vehicles of customers or patrons seeking service at a roadside
business establishment, such as a roadside grocery or farm produce
stand, gasoline service station, drive-in bank, etc., should be so
located that the stopping or maneuvering space is at least 10 feet
back of the right-of-way line of a road. State and county approvals
must be obtained where state and county highways are involved.
A.
The number of driveways provided from a site directly to any road
shall be as follows:
|
Length of Site Frontage
(feet)
|
Number of Driveways
| |
|---|---|---|
|
100 or less
|
1
| |
|
More than 100 to 800
|
2
| |
|
Over 800
|
To be specified by Planning Board upon receipt of advice of
a report of the Borough Engineer
|
B.
All entrance and exit driveways to a road shall be located to afford
maximum safety to traffic on the road.
C.
Any exit driveway or driveway lane shall be so designed in profile
and grading and shall be so located as to permit the following minimum
sight distance measured in each direction along any abutting Borough,
county or state road. The measurement shall be from the driver's seat
of a vehicle standing on that portion of the exit driveway that is
immediately outside the edge of the road, traveled way or shoulder.
|
Allowable Speed on Road
(miles per hour)
|
Required Sight Distance
(feet)
| |
|---|---|---|
|
25
|
150
| |
|
30
|
200
| |
|
35
|
250
| |
|
40
|
300
| |
|
45
|
350
| |
|
50
|
400
|
D.
Where a site occupies a corner of two intersecting roads, no driveway
entrance or exit may be located within a minimum of 30 feet of the
tangent of the existing or proposed curb radius of that site.
E.
No entrance or exit driveway shall be located on the following portions
of any collector or arterial road:
F.
Where two or more driveways connect a single site to any one road,
a minimum clear distance of 25 feet measured along the right-of-way
shall separate the closest edges of any two such driveways.
G.
Driveways used for two-way operation will intersect any collector
or arterial road at an angle to as near 90° as site conditions
will permit, and in no case will such angle be less than 60°.
H.
Driveways used by vehicles in one direction of travel (right turn
only) shall not form an angle smaller than 45° with a collector
or arterial road unless acceleration and deceleration lanes are provided.
I.
The dimensions of driveways shall be designated to adequately accommodate
the volume and character of vehicles anticipated to be attracted daily
onto the land development for which a site plan is prepared. The required
maximum and minimum dimensions for driveways are indicated in the
accompanying table. Driveways serving large volumes of daily traffic
over 25% of which is truck traffic shall be required to utilize high
to maximum dimensions. Driveways serving low volumes of daily traffic
less than 25% of which is truck traffic shall be permitted to use
low to minimum dimensions.
(1)
One-way operation.
|
Type of Development
|
Curbline Opening
(feet)
|
Driveway Width
(feet)
| |
|---|---|---|---|
|
5- to 10-family residence
|
12 to 15
|
10 to 13
| |
|
10-family or over
|
12 to 30
|
10 to 26
| |
|
Commercial and industrial
|
24 to 50
|
24 to 34
| |
|
Service stations
|
15 to 36
|
12 to 34
|
(2)
Two-way operation.
|
Type of Development
|
Curbline Opening
(feet)
|
Driveway Width
(feet)
| |
|---|---|---|---|
|
5- to 10-family residence
|
12 to 30
|
10 to 26
| |
|
10-family or over
|
24 to 36
|
20 to 30
| |
|
Commercial and industrial
|
24 to 50
|
24 to 46
| |
|
Service stations
|
24 to 36
|
20 to 34
|
J.
The surface of any driveway shall be subject to Borough site plan approval. Pavement shall extend to the paved traveled way or paved shoulder of the road, and such pavement shall extend through the area defined by the required driveway dimensions specified in Subsection I above.
K.
Any vertical curve on a driveway shall be flat enough to prevent
the dragging of any vehicle undercarriage. All driveway profiles and
grades shall be submitted to and approved by the Borough Engineer
as determined necessary by the Planning Board.
L.
Should the sidewalk be so close to the curb at a depressed curb driveway
as to cause the ramp to be too steep and be likely to cause undercarriage
drag, the sidewalk should be appropriately lowered to provide a suitable
ramp gradient.
A.
Accelerating lanes. Where a driveway serves right-turning traffic
from a parking area providing 200 or more parking spaces and/or the
abutting road has a peak-hour traffic volume exceeding 1,000 vehicles
per hour, an acceleration lane shall be provided in accordance with
"A Policy of Geometric Design of Rural Highways," copyright 1965,
American Association of State Highway Officials.
B.
Deceleration lanes. Where a driveway serves as an entrance to a land
development providing 50 or more parking spaces, a deceleration lane
shall be provided for traffic turning right into the driveway from
any collector or arterial road. The deceleration lane is to be at
least 200 feet long and at least 13 feet wide measured from the abutting
road curbline. A minimum forty-foot curb return radius will be used
from the deceleration lane into the driveway.
A.
Site design.
(1)
Environmental protection. Every effort shall be made to either
preserve the landscape in its natural state or to improve existing
site conditions according to high standards of conservation and environmental
protection and in keeping with adjacent areas. A stilling or settlement
basin shall be required, of a size determined by the Borough Engineer,
to retain the natural state of contiguous or on-site streams.
(2)
Orientation and siting. In the case of freestanding buildings
or structures, and depending on individual site characteristics, consideration
shall be given to a position that provides a desirable visual composition,
avoids blocking natural vistas, provides a desirable space enclosure,
does not unnecessarily alter existing topography and vegetation and
otherwise respects established natural conditions and surrounding
buildings and structures.
B.
Principal or accessory building and structure design.
(1)
Building features. In reviewing site plans, consideration shall
be given to building materials, use of color and/or texture, massing,
fenestration and advertising features as they will relate to site
conditions and harmonize with similar elements in surrounding buildings
or structures.
(2)
Special features. Off-street parking areas, truck loading and
unloading areas and appurtenant driveways and walkways shall be constructed
with a permanent pavement of a type subject to the approval of the
Borough Engineer. These and other utility buildings or structures
shall be harmoniously blended with existing site features and surrounding
development through careful attention to existing topography, siting
and screening techniques.
A.
In reviewing site plans, the Planning Board shall make its approval
subject to any applicable general zoning regulations, including setbacks,
lot size requirements, performance standards, etc.
B.
Any and all conditions of site plan approval shall be complied with
on a continuing basis. Failure to do so shall render an issued certificate
of occupancy null and void.
A.
Each land development subject to site plan approval that abuts an
arterial or collector street shall provide a sidewalk within the road
right-of-way as required by zoning, subdivision or other ordinances
of the Borough.
B.
Such sidewalks required as a condition of approval under this article
shall be located in accordance with applicable ordinances and as approved
by the Borough Engineer and/or Construction Official.
Each land development requiring site plan approval shall install
curb and gutter (gutter will not be required except in cases where
the grade of the road is less than 0.0050 and in the opinion of the
Borough Engineer a drainage problem exists along the entire property
frontage of the Borough road) in accordance with the standards and
specifications as set forth in the subdivision provisions of this
chapter, as amended, and construction shall be approved by the Borough
Engineer and/or the Construction Official.
In each land development requiring site plan approval and where
curbing is installed by the developer, the developer will install
paving in the area between the edge of the existing pavement and curbing
along the entire property frontage of the road in accordance with
the standards and specifications as set forth by the Borough Engineer
and the subdivision provisions of this chapter.
To facilitate the safe and efficient movement of traffic into
and out of a site, the Planning Board may, as a condition of site
plan approval, require the installation of specified directional,
regulatory or advisory signs or pavement markings at designated locations
on the site or the right-of-way. Such signs shall be of size, color
and design specified in accordance with the Manual on Uniform Traffic
Control Devices.
Each land development shall provide adequate drainage structures
in accordance with standards set by the subdivision provisions of
this chapter and Borough Engineer for handling stormwater that is
generated on and/or through such site.
