[Adopted 4-7-1980 by Ord. No. 80-3 (Ch. 107, Art. II, of the 1987 Code)]
The Town Council declares that these rules and regulations and standards for guiding the use of land for various purposes have been promulgated to provide for the orderly growth and coordinated development of the Town and to ensure and promote the comfort, convenience, safety, public health and general welfare of its people, and further that the approval of such development shall be administered in accordance with the following considerations:
A. 
Conformance with the various parts of the Master Plan, the Zoning Ordinance[1] and the Official Map.
[1]
Editor's Note: See Ch. 505, Zoning.
B. 
Recognition of a desirable relationship to the general land form, its topographic and geologic character, to natural drainage and surface water runoff and to the groundwater table.
C. 
Recognition of desirable standards of subdivision design, including adequate provision for pedestrian and vehicular traffic, for surface water runoff and for suitable building sites for the land use contemplated.
D. 
Provision for such facilities as are desirable adjuncts to the contemplated use, such as parks, recreation areas, school sites, firehouses and off-street parking.
E. 
Preservation of such natural assets as mountainous areas, ponds, streams, shrubs and trees.
F. 
Provision of adequate utilities services and circulation.
The provisions of this article shall be administered by the Planning Board of the Town in accordance with N.J.S.A. 40:55D-1 et seq., its amendments and supplements.
A. 
No permit shall be issued for any structure until the site plan has been reviewed and approved by the Planning Board, except that the approval of a site plan for individual lot applications for detached one- or two-family dwelling unit buildings or accessory buildings or structures on a lot shall not be necessary unless the site includes a flood hazard area, a home occupation, is a conditional use or is on a nonconforming lot. Where site plan review is required, no certificate of occupancy shall be issued for any newly constructed building or to a new occupant and/or new use of an existing building until the proposed use and site plan are reviewed and approved by the Planning Board to determine whether the parking and loading facilities are adequate to meet the standards of this article for the proposed use. Where no more than one tenant may be on one tract and the proposal involves only one tenant's portion of the tract, the site plan review shall be limited to that portion of the tract devoted to the tenant's use. Where more parking or loading is needed, these facilities and related drainage improvements shall be constructed by the applicant in accordance with this article prior to the issuance of a certificate of occupancy for the new occupant.
B. 
In any site plan review, the Board shall review the proposal, determine whether or not the applicable standards provided by this article have been observed, note objections to such parts of the plan as do not meet the standards, make corrections and recommendations for changes to effect compliance with the article and take action on the application.
(1) 
Site plan review shall not be required for single-family detached dwellings when used solely for residential purposes nor for such accessory uses as a private garage, toolhouse, gardens and private greenhouses, swimming pools and other similar uses incidental to a single-family detached dwelling.
(2) 
Site plan review shall not be required where:
(a) 
Minor repairs to the interior of a building do not involve structural change or enlargement of the building, as determined by the Construction Official.
(b) 
Minor renovations or alterations to the exterior design of a building or structure do not involve any enlargement of the building or major structural change, as determined by the Construction Official.[1]
[1]
Editor's Note: Original § 107-19B(2)(c), regarding the minimal cost of construction, reconstruction or other improvements, which immediately followed this subsection, was repealed 4-16-2007 by Ord. No. 2007-10.
(3) 
The Zoning Official, at his discretion, may refer any application for a construction permit to the Planning Board for site plan review where, in the Zoning Official's judgment, the construction, reconstruction, alteration or change of use will affect existing circulation, drainage, landscaping, lighting, off-street parking or the lack of any or all of these factors or other considerations as specified in this section.
(4) 
In addition to referral of site plans to other agencies required by law to review site plans, the Planning Board may refer site plans to any other federal, state, county, local, private or quasi-public agencies for their recommendations within their particular fields of expertise.
(5) 
An application for review and approval of site plans requiring the approval of the Warren County Planning Board shall comply in all respects with the Warren County Planning Board standards, specifications and procedures.
(6) 
Clearing, excavation or filling of an area in excess of 5,000 square feet; grading plan.
[Added 12-17-2007 by Ord. No. 2007-17]
(a) 
The clearing, excavation or filling of an area in excess of 5,000 square feet shall require site plan approval unless related to the construction of one single-family home that does not require subdivision approval.
(b) 
Prior to any clearing, excavation or filling of an area in excess of 5,000 square feet related to the construction of a single-family home that does not require subdivision approval, the property owner shall submit a grading plan and secure approval from the Municipal Engineer.
Where a use variance is not an issue, any applicant may appear at a regular meeting of the Planning Board for informal discussion with reference to a proposed site plan with an informally prepared plan of sufficient accuracy to be used for the purpose of discussion. This informal discussion will be to review the overall development concepts in order to assist the applicant in the preparation of his site plan. No decisions will be made and no formal action taken on an informal submission. The data included on an informal submission shall include sufficient basic data to enable the Board and the applicant to comment upon design concepts such as building location, ingress and egress, parking, major natural features that will have to be recognized or may influence certain design criteria and the applicant's basic intent for water, sewerage and storm drainage facilities.
A. 
For preliminary site plan review, the applicant shall submit data to the administrative officer as itemized in § 318-23. If an application for development is found to be incomplete, the developer shall be notified thereof within 45 days of the submission of such application or it shall be deemed to be properly submitted.
[Amended 3-25-2005 by Ord. No. 2005-04; 4-16-2007 by Ord. No. 2007-04; 6-21-2010 by Ord. No. 2010-08; 3-5-2012 by Ord. No. 2012-02]
(1) 
Data shall be submitted at least three weeks before the Planning Board meeting at which discussion is desired.
(2) 
Thirteen sets of prints and three completed copies of the application shall be submitted.
(3) 
One set of prints and one complete copy of the application shall also be provided to the Board Secretary for submission to the following:
(a) 
Historic Preservation Commission.
(b) 
Environmental Commission.
(c) 
Shade Tree Commission.
(d) 
Town Engineer.
(e) 
Town Planner.
(f) 
Fire Department.
(g) 
Ambulance Corps.
(h) 
Such other Town, county or state officials as directed by the Board.
B. 
In all cases the Planning Board shall grant or deny preliminary site plan approval within the following time periods unless some further time has been consented to by the developer:
(1) 
A site plan for 10 acres or less, within 45 days of the date of submission.
(2) 
A site plan of more than 10 acres, within 95 days of the date of submission.
C. 
Hearing.
(1) 
Before any action is taken on any preliminary plan containing more than 10 acres or for a site plan containing a flood hazard area, the Planning Board shall conduct a public hearing as established in this chapter. Action may be taken on a preliminary site plan for 10 acres of land or less without a public hearing unless in the opinion of the Planning Board the proposed use, proposed intensity of development, location of the tract, traffic conditions or environmental concerns for a property of 10 acres or less are sufficient concern that the Planning Board desires to receive the public's comments. Where a public hearing is scheduled for a site plan of 10 acres or less, no action shall be taken until completion of the public hearing, and the scheduling and notifications for the hearing shall be in accordance with this chapter.
(2) 
If the Planning Board required any substantial amendment in the layout of improvements proposed by the developer that had 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 with N.J.S.A. 40:55D-1 et seq., grant preliminary site plan approval.
D. 
Approval rights.
(1) 
Preliminary approval of a site plan shall, except as provided in Subsection D(2) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(a) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to, use requirements, layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; any requirements peculiar to site plan approval; except that nothing herein shall be construed to prevent the Town from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(b) 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.
(c) 
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards shall govern.
(2) 
In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection D(1)(a),(b) and (c) above for such period of time longer than three years 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 preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary 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 preliminary approval, the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval, economic conditions and the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards shall govern.
E. 
County review. Before approval of a site plan and where the county has adopted a site plan resolution, the administrative officer shall submit one copy of the site plan to the County Planning Board for its review and action. The County Planning Board shall have 30 days from receipt of the site plan to report to the Town Planning Board. In the event of disapproval, such report shall state the reasons therefor. If the County Planning Board fails to report to the Town Planning Board within the thirty-day period, the site plan shall be deemed to have been approved by the County Planning Board and the Town Planning Board; provided that, with approval of the applicant, the thirty-day period may be extended for an additional 30 days and any extension shall so extend the time within which the Town Planning Board is required to act.
A. 
Final approval of a site plan shall be granted if the plans and accompanying data conform to the requirements of this article and any conditions imposed under preliminary approval. Final approval shall be granted or denied within 45 days after submission of the complete application to the administrative officer of the Planning Board or within such further time as may be consented to by the applicant. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to the Municipal Land Use Law, 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. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.
B. 
Exceptions. 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 this article if the literal enforcement of one or more provisions of the article is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question.
C. 
Simultaneous site-subdivision review. 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's being required to make further application to the Planning Board or the Planning Board's being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this provision, notice of the hearing on the plan shall include reference to the request for such conditional use.
D. 
Hearing. Hearing notices shall be given and actions taken by the Planning Board when reviewing site plans simultaneously with applications requiring considerations for conditional uses, variances or permits for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area or for permits for a building or structure not related to a street shall be recorded.
E. 
Denial. In the event the Planning Board disapproves the plans, no building permit or certificate of occupancy shall be issued. Any applicant wishing to make a change in an approved application shall follow the same procedure as for the original application. In the case of a new tenant, new occupant or a new use, the approved site plan for the original tenant, occupant or use may be submitted where no changes are contemplated by the new tenant or occupant. The original plan shall be reviewed in light of the new tenant or occupant's use in the same manner as a new plan. If approved, it shall be stamped and signed. If denied, the reasons shall be given to the applicant.
All improvements involving public property, such as roadways, curbs, sidewalks, trees, drainage, lighting, street signs and other such facilities, shall be in accordance with the procedures outlined in Article I, Subdivision of Land, and shall include all retention and detention facilities and impoundment facilities along streams. Upon completion of all improvements on a site for which site plan approval has been given, two copies of the approved site plans shall be submitted, along with all cross sections and construction plans, all of which shall be marked "as built." These drawings shall show all authorized changes, revisions, deletions, additions or other deviations from the approved site plan drawings.
A. 
Site plan preparation for preliminary and final approval. Every site plan shall be at a minimum scale of one inch equals 10 inches, 20 inches, 30 inches, 40 inches or 50 inches, prepared by a New Jersey licensed architect or engineer, and shall bear his signature and seal or registration, including accurate lot lines certified by a New Jersey licensed land surveyor, submitted on one of four of the following standard sheet sizes: 8 1/2 by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches or 30 inches by 42 inches. A site plan shall include the following data [If one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets]: all lot lines and the exterior boundaries of the tract; North arrow; graphic scale; zone district(s) in which the lot(s) is (are) located; date of original drawing and each subsequent amendment; existing and proposed street(s) and street name(s); existing and proposed contours at two-foot intervals and other topographic data throughout the tract and within 100 feet of any building or paved area under review; title of the plan; streams; total acreage to 1/100 of an acre; total number of parking spaces; all dimensions, areas and distances needed to confirm conformity with the article, such as but not limited to building lengths, building coverage, lot lines, parking spaces, loading spaces, setbacks and yards; a small key map giving the general location of the parcel within the Town; a separate map showing the site in relation to all remaining lands in the present owner's ownership; and names and addresses of applicant, owner and adjoining property owners.
B. 
Site plan information for preliminary and final approval. Each site plan shall have the following information shown thereon or annexed thereto and shall be designed to comply with the applicable provisions of this article:
(1) 
Building and use plan. Size, height, location, arrangement and use of all proposed buildings, structures and signs, including an architect's scaled elevation of the front, side and rear of any structure and sign to be erected or modified to the extent necessary to apprise the Planning Board of the scope of the proposed work, shall be shown. Any existing structures shall be identified as either to remain or be removed. A written description of the proposed use(s) and operation(s) of the building(s) shall be included, including the number of employees or members of nonresidential buildings; the proposed number of shifts to be worked and the maximum number of employees on each shift; expected truck and tractor-trailer traffic; emission of noise, glare, vibration, heat, odor, air and water pollution; safety hazards; and anticipated expansion plans incorporated in the building design. Floor plans shall be submitted.
(2) 
Circulation plan. This plan shall show access streets and street names, acceleration/deceleration lanes, curbs, aisles and lanes, access points to public streets, sight triangles, traffic channelization, easements, fire lanes, driveways, number and location of parking and loading spaces, loading berths or docks, pedestrian walks and all related facilities for the movement and storage of goods, vehicles and persons on the site, and including lights, lighting standards, signs and driveways within the tract and within 100 feet of the tract. Sidewalks shall be shown from each entrance/exit along expected paths of pedestrian travel, such as but not limited to access to parking lots, driveways, other buildings on the site and across common yard areas between buildings. Plans shall be accompanied by cross sections at a scale of one inch equals five feet at fifty-foot intervals of new streets, aisles, lanes and driveways. Any expansion plans for the proposed use shall show feasible parking and loading expansion plans to accompany building expansion.
(3) 
Natural resources plan. This plan shall show existing and proposed wooded areas, buffer areas, including the intended screening devices and buffers, grading at two-foot contour intervals inside the tract and within 50 feet of its boundaries, seeded and/or sodded area, ground cover, retaining walls, fencing, signs, recreation areas, shrubbery, trees and other landscaping features. This plan shall show the location and type of man-made improvements and the location, species and caliper of plant material and trees to be located on the tract. All portions of the property not utilized by buildings or paved surfaces shall be landscaped and fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the vegetation in the area and lessen the visual impact of the structures and paved areas shall be taken into consideration. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation as outlined under the soil erosion and sediment control, the soil removal and the grading provisions of this article, as well as to ensure that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.
(4) 
Facilities plan. This plan shall show the existing and proposed locations of all drainage; open space; common property; fire, gas, electric, telephone, sewerage and water line locations; and solid waste collection and disposal methods, including proposed grades, sizes, capacities and materials to be used for facilities installed by the applicant. Installations by utility companies need only show their locations on the plan. All easements acquired or required on the tract and across adjacent properties shall be shown and copies of legal documentation that support the granting of an easement by an adjoining property owner shall be included. All proposed lighting shall be shown, including the direction, angle, height and reflection of each source of light. All utilities shall be installed underground. All required state and federal approvals for environmental considerations shall be submitted prior to site plan approval. Drainage facilities shall include facilities to comply with the stormwater runoff provisions of this article. The method of sewage treatment and solid waste disposal shall be shown, and percolation tests from sufficient locations on the site to allow a determination of adequacy by the Town Board of Health and Warren County Health Department shall be included where septic tanks and leaching fields are permitted and are proposed. Such plans shall be reviewed by the Board of Health, Warren County Health Department or Town Engineer, as applicable, with recommendations to the Planning Board. All public services shall be connected to an approved public utilities system where one exists.
(5) 
Flood hazard area considerations. Any proposal for a development on a tract where any part of the tract contains a flood hazard area shall comply with the Belvidere Flood Damage Prevention Ordinance, 1979.[1]
[1]
Editor's Note: See Ch. 274, Flood Damage Prevention.
C. 
The standards noted above and elsewhere in this article shall be for the general purpose of enhancing the neighborhood; providing adequate access to off-street parking and loading facilities for employees, visitors and residents; providing buffering techniques for safety and/or aesthetic purposes; preventing uses which violate applicable state and federal safety and environmental regulations; preserving floodways and flood hazard areas; and requiring that all raw materials, fuel, goods in process, finished goods, machinery and equipment shall be housed and/or screened from residential uses.
D. 
Recycling facilities. There shall be included (designed and built) within all multifamily housing developments, which shall mean any building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other or a group of such buildings, recycling facilities, which shall mean an area allocated for collection and storage of source-separated recyclable solid waste materials, meeting the following criteria:
[Added 5-16-1994 by Ord. No. 94-07]
(1) 
The facility may be located either indoors or out-of-doors and shall provide for the safe, efficient and sanitary collection and storage of residentially generated recyclable materials.
(2) 
The dimensions and volume capacity of the recycling facilities shall be sufficient to accommodate recycling bins or containers which are of an adequate size and number so as to be consistent with the anticipated usage and current methods of collection of such materials in the Town of Belvidere.
(3) 
The dimensions and capacity of the recycling facility and of the bins and containers contained therein shall be determined after prior consultation with the Recycling Coordinator of the Town of Belvidere.
(4) 
The recycling facilities shall be consistent with the district recycling plan adopted pursuant to N.J.S.A. 13:1E-99.13 and with all applicable provisions of the Recycling Plan Element of the Master Plan of the Town of Belvidere and the provisions of N.J.S.A. 40:55D-28b(12), with the exception that the provisions thereof shall be deemed applicable to multifamily housing developments as hereinabove defined.
(5) 
The recycling facility shall be conveniently located for efficient disposition by the residents of source-separated recyclable materials in proximity of but clearly separated from a solid waste refuse dumpster or dumpster area.
(6) 
The recycling facility area shall be well lighted and shall provide safe and convenient access to the users thereof and the recycling personnel, their vehicles and equipment, which shall be able to readily access the recycling facility area without interference from parked cars or other obstacles.
(7) 
Reasonable measures shall be taken to secure and protect the recycling facility area against the theft of recyclable materials, bins or containers.
(8) 
The recycling facility shall be designed, located and protected against adverse environmental conditions which might otherwise render the collected materials unusable or unmarketable, including, but not limited to, provision that recyclable paper and cardboard shall be stored in a facility with a closed lid, in order to keep the same dry.
(9) 
Signs shall be installed clearly identifying the recycling facility area and the individual materials bins located therein, which shall be posted at all points of access to the area. Each individual bin or collection container shall be placarded with a sign indicating the nature of the materials to be placed therein.
(10) 
Landscaping and/or effective fencing or other screening shall be provided around any outdoor recycling area in a manner so as to effectively screen the same from view of adjoining residences and vehicles traveling on adjoining streets or roadways in an aesthetically pleasing manner.
A. 
All site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community.
B. 
Regulation. No building permit shall be issued for any application requiring either site plan or major subdivision approval until such approval has been given by the approving authority, including review and approval of the soil erosion and sediment control plan. Guaranties, inspection and inspection fees, violations and penalties shall be as outlined in this article.
C. 
Data required.
(1) 
The applicant shall submit a natural resources plan as outlined under the site plan provisions of this article, which shall clearly establish the means for controlling soil erosion and sedimentation for each site or portion of a site when developed in stages.
(2) 
The soil erosion and sediment control measures shall be certified by the Town Engineer and approved by the approving authority. The applicant may consult with the County Soil Conservation District in the development of the plan and the selection of appropriate erosion and sediment control measures. The applicant shall bear the final responsibility for the installation and construction of all required soil erosion and sediment control measures according to the provisions of this article.
(3) 
The applicant shall submit to the approving authority a separate soil erosion and sediment control plan for each subdivision, site plan review, zoning variance or any application for construction for which the Uniform Construction Code of the State of New Jersey would require a building permit. Such plan shall be prepared by a professional engineer licensed in the State of New Jersey, except in instances where the preparation of a plan does not include or require the practice of engineering as defined in N.J.S.A. 45:8-28, and shall contain:
(a) 
Location and description of existing natural and man-made features on and surrounding the site, including general topography and soil characteristics, and a copy of the Soil Conservation District soil survey (where available).
(b) 
Location and description of proposed changes to the site, including contours and spot elevations showing existing and post-construction conditions.
(c) 
Measures for soil erosion and sediment control.
(d) 
A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, including anticipated starting and completion dates.
(e) 
All proposed revisions of data required shall be submitted for approval.
(f) 
Description of means for maintenance of erosion and sediment control measures and facilities during and after construction.
D. 
General design principles. Control measures shall apply to all aspects of the proposed land disturbance and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:
(1) 
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which minimize soil erosion, clearing, land disturbance and soil compaction.
[Amended 3-20-2006 by Ord. No. 2006-06]
(2) 
Whenever feasible, natural vegetation shall be retained and protected. Disturbed naturally vegetated areas shall be re-established with native plant species.
[Amended 3-20-2006 by Ord. No. 2006-06]
(3) 
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
(4) 
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas, including steep slopes, during construction or other land disturbances.
[Amended 3-20-2006 by Ord. No. 2006-06]
(5) 
Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance.
(6) 
Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
(7) 
Sediment shall be retained on site.
(8) 
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or land disturbance.
E. 
Maintenance. All necessary erosion and sediment control measures installed under this section shall be adequately maintained for one year after completion of the approved plan or until such measures are permanently stabilized as determined by the Town Engineer, whichever is longer. The Town Engineer shall issue the applicant, upon the applicant's request, certification of this determination.
F. 
Exemptions. The following activities are specifically exempt from the soil erosion and sediment control provisions:
(1) 
Land disturbance associated with the construction of a single-family dwelling unit unless such unit is a part of a proposed subdivision, site plan, zoning variance or building permit application involving two or more such single-family dwelling units.
(2) 
Land disturbance of 5,000 square feet or less of the surface area of land for the accommodation of construction for which the Uniform Construction Code of the State of New Jersey would require a building permit.
(3) 
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the local Soil Conservation District or when it is determined by the local Soil Conservation District that such use will not cause excessive erosion and sedimentation.
(4) 
Use of land for gardening primarily for home consumption.
(5) 
Percolation tests and/or soil borings.
The excavation and grading for completion of a site plan or subdivision shall be done in accordance with the approved subdivision plat or site plan which contains soil erosion and sediment control provisions. Any application proposing the disturbance of more than 5,000 square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act, P.L. 1975, c. 251,[1] shall include on its subdivision or site plan the following: the means to prevent erosion and provide for sedimentation control, drainage, dust and mud on the premises as well as on abutting lands; the preservation of soil fertility and the resulting ability of the area affected to support plant and tree growth by maintenance of adequate topsoil consisting of at least six inches of the original layer; maintenance of necessary lateral support and grades of abutting lands, structures and other improvements; prevention of pits and declivities which are hazardous or which provide insect breeding locations; the physical characteristics and limitations of the soil for the use to which the land may lawfully be put; and such other factors as may reasonably bear upon or relate to the public health, safety and general welfare.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
[Amended 3-20-2006 by Ord. No. 2006-06; 7-22-2024 by Ord. No. 2024-13]
A. 
All stormwater management measures for a development regardless of use, including structural stormwater management strategies, detention basins and other stormwater management facilities and stormwater collection and conveyance structures shall be designed in accordance with and comply with the provisions of Chapter 433, Stormwater Control, of the Code of the Town of Belvidere and N.J.A.C. 5:21-7 et seq.
B. 
For development not defined as a "major development" in Chapter 433, stormwater management measures shall be developed to meet the stormwater runoff quantity requirements in Chapter 433, Stormwater Control, § 433-3 of the Code of the Town of Belvidere.
A. 
Administration. These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Town and shall be administered pursuant to the Municipal Land Use Law, P.L. 1975, c. 291, and the Town Land Use Procedures Ordinance.[1] Any action taken by the Planning Board and the Town Council under the terms of this article shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, no additional right-of-way or improvements will be required for a subdivision with minor adjustments in boundaries between two existing lots which do not result in the creation of any new lots. Also, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to the land in question, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Board may permit such exception or exceptions as may be reasonable and within the general purpose and intent of the rules and regulations and standards established by this article.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq., and Ch. 49, Land Use Procedures, of this Code.
B. 
Exemption. Divisions of land that shall not be considered a subdivision as defined in Article I shall be exempt from compliance with the requirements of this article only after affirmative action by the Planning Board favorably recommending an exemption to the Town Council and thereafter being confirmed by the Town Council. Such action shall be taken following submission of documentation to the Board showing the division of land for agricultural purposes as defined by Article I and resulting parcels five acres or larger in size; divisions by testamentary or intestate provision; or division of property by court order, as the case may be. Until exemption from the provisions of Article I by the Planning Board and Town Council, no person can transfer, sell or agree to sell, as owner or agent, any land which forms a part of a division of land as a result of being classified in one or more of the above categories. Violation of this provision shall subject the person to the penalties as set forth in this article.
A. 
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Board is required to act, such person shall be subject to a penalty not to exceed $1,000 and each lot disposition so made may be deemed a separate violation.
B. 
In addition to the foregoing, the municipality may institute and maintain a civil action:
(1) 
For injunctive relief; and
(2) 
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-56).
C. 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title-closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of the land or within seven years, if unrecorded.
A. 
Terminology.
(1) 
The word "driveway," in addition to its regularly accepted common meaning, shall also refer to any lane, way, field entrance or privately owned road.
(2) 
A driveway is altered when it is paved, widened, narrowed, relocated or when its grade is changed or when it is modified in any other way so that it alters the prior existing drainage from said driveway onto a public right-of-way. No existing field approach will be considered a driveway for the construction of residential dwellings without applying for a driveway permit.
B. 
Deposits.
(1) 
No driveway may be constructed nor shall any existing driveway be altered within or along an existing public road unless the owner first obtains a driveway permit from the Town Engineer.
(2) 
No driveway shall be constructed nor shall any existing driveway be altered within or along an existing public road unless the owner provides the Town with a performance bond, either in cash or issued by a bonding company licensed to do business in New Jersey, in the amount of the estimate of the Town Engineer as to the cost of the driveway construction or alteration work to be undertaken by the owner within the right-of-way. Such bond shall be for the proper construction of the driveway and shall be returned to the applicant if the Town Engineer as hereinafter provided determines that the driveway has been constructed or altered in conformance with this article without cost to the Town. If such is not the case, the Town may, at its option, use the bond to bring said driveway into conformance with this article.
(3) 
In place of the above-mentioned bond, a certified check for the cost of work performed within the Town right-of-way may be provided.
C. 
Slope. All driveways to be constructed or existing driveways to be altered which intersect with the right-of-way line of any existing or future public road shall be constructed or altered in accordance with the following minimum requirements: No driveway shall have a grade greater than +6% for the first 20 feet from the property line.
D. 
Angle of driveway.
(1) 
Two-way operation. Driveways used for two-way operation will intersect the road at an angle as near to 90° as site conditions will permit and in no case will be less than 60°.
(2) 
One-way operation. Driveways used by vehicles in one direction of travel (right turn only) shall not form an angle smaller than 45° with a road.
E. 
Width. The dimensions of the driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily upon the land development for which a site plan is prepared. The required maximum and minimum dimensions for driveways are indicated in the following table:
One-Way Operations
Two-Way Operations
Curbline Open
(feet)
Driveway Width
(feet)
Curbline Open
(feet)
Driveway Width
(feet)
1- to 9-family residential
15 to 23
10 to 18
25 to 30
20 to 26
10-family-or-more residential
15 to 30
10 to 26
25 to 35
20 to 30
Low-volume commercial (less than 10 parking stalls)
15 to 23
10 to 18
25 to 30
20 to 26
Commercial or industrial
30 to 50
24 to 34
30 to 50
24 to 46
Service stations
18 to 38
12 to 24
25 to 30
20 to 34
F. 
Erosion control. All driveways shall be constructed and maintained at all times in such a manner as to prevent erosion of the soil from them and land adjoining them. Water and silt shall be prevented from running onto the public roadways, filling up road gutters, catch basins, inlets or drainpipes.
G. 
Drainage interference. All driveways constructed or altered within the public road right-of-way shall be constructed in such a manner as not to interfere with the drainage along the existing pavement or traveled way. Under no circumstances shall the driveway be allowed to extend beyond the edge of the existing ditch line and create a hump or uneven driving surface on the pavement or traveled way or shoulder.
H. 
Gutters. The construction of a properly sized dish-type gutter will be permitted, provided that existing water flow will not be blocked, altered or changed in any manner.
I. 
Culvert pipes. The installation of a suitably sized reinforced concrete pipe or culvert shall be required in the event that the existing flow line or ditch cannot be crossed with a shallow dish-type gutter. The size of the pipe or culvert required shall be subject to the approval of the Town Engineer.
J. 
Construction material. All driveways constructed or altered for a distance of 25 feet from the edge of the road pavement shall be constructed of the following materials:
(1) 
Driveways entering paved roads.
(a) 
Base course: six inches (compacted thickness) of Type V, Class A quarry process (blend) stone, thoroughly rolled and compacted.
(b) 
Surface course: two inches (compacted thickness) of bituminous concrete FABC, Mix 5.
(2) 
Access roads other than driveways.
(a) 
Six inches (compacted thickness) of Type V, Class A quarry process (blend) stone, thoroughly rolled and compacted.
(b) 
Four inches (compacted thickness) of bituminous concrete stabilized base course.
(c) 
Surface course: two inches (compacted thickness) of bituminous concrete FABC, Mix 5.
(3) 
All material shall comply with New Jersey State Highway Department Standard Specifications for Road and Bridge Construction, 1961 Edition, and all amendments and revisions thereto.
(4) 
Permeable paving materials which reduce the rate of runoff and total suspended solids (TSS) and promote groundwater recharge shall be permitted for all single-family residential driveways.
[Added 3-20-2006 by Ord. No. 2006-06]
K. 
Location of driveways.
(1) 
All driveways to a public right-of-way shall be located to afford maximum safety to traffic on the right-of-way.
(2) 
Any driveway shall be so determined in profile and grading and shall be so located to permit the following minimum sight distance measured in each direction along the public right-of-way [The measurement shall be from the driver's seat of a vehicle standing on that portion of the gutter line driveway that is eight feet outside the edge of the county road traveled way or shoulder]:
Allowable Speed on Public Right-of-Way
(mph)
Required Sight Distance
(feet)
30 or less
200
35
250
40
300
45 or greater
350
(3) 
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 is required.
L. 
Miscellaneous driveway specifications.
(1) 
Where curbs exist, a full section of curb shall be entirely removed and depressed curb constructed in accordance with the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction 1961. Curb radii of existing curbs shall not be broken or depressed. No driveways shall be located closer than 25 feet to the end of a radius of an intersection. (If the radius is not defined clearly, the Town Engineer shall establish the intersection radius.)
(2) 
Where concrete sidewalks exist or are proposed to be constructed as a part of a project, a concrete ramp not less than six inches in thickness shall be built connecting the inner edge of the depressed curb with the outer edge of the sidewalk. Outer edge of sidewalk must carry the same grade as existing sidewalk and not be depressed.
(3) 
In cases where drainage ditches exist along Town roads where a driveway is to be constructed, a reinforced concrete pipe must be installed under the driveway. The size of this pipe is to be determined by the applicant's using the rational method and based on a twenty-five-year storm. If more than one driveway is to be constructed, a continuous storm drain pipe shall be installed between the driveways or connected to an intervening storm drain system. If the proposed drainage pipe connects with an existing storm drainage system, a Type B catch basin shall be constructed. The center of the pipe shall be no less than 15 feet from the existing center line of the road.
(4) 
Maximum number of driveways for single-family dwellings.
(a) 
One hundred fifty feet of frontage or less: one driveway.
(b) 
One hundred fifty to 800 feet of frontage: two driveways.
M. 
Procedure. The Town Engineer shall require a person or persons, firm or corporation applying for a driveway permit to submit an application, together with a plan in sufficient detail, to the Town Engineer for his review and for his approval prior to the issuance of said permit. The plan shall show or include the following information:
(1) 
A plot plan or site plan showing the driveway for its entire length and its relation to the public road.
(2) 
A profile of the driveway showing existing and proposed center line, grades and elevations for its entire length.
(3) 
A plan showing the type of storm drainage to be constructed at the driveway entrance to the public road, i.e., dish-type gutter, pipe or culvert. Sizes of pipes, culverts and gutters, grades, elevations, typical cross sections, construction details and any other information deemed necessary to the proper analysis of the installation shall also be shown.
(4) 
If a driveway existed at the date of the adoption of this article and the owner has determined to alter said existing driveway, including blacktopping, then the owner shall file an application with the Town Engineer on forms provided for existing driveway improvement. The Town Engineer or his designee shall inspect the premises and review the application as to the proposed improvement, and if it is his determination that the proposed improvement complies with the standards of this article, then in that event he shall issue a permit to said applicant. If the determination is that the proposed improvement of the driveway will cause an alteration or a modification of the driveway which does not comply with the standards of this article, then the applicant will receive written notice to comply with remaining provisions of the article.
(5) 
All cost of materials required and work performed shall be borne by and paid by the applicant or owner of the affected property.
(6) 
Application for driveway permit must include four copies of a plot plan of property accurately drawn to a scale not greater than one inch equals 30 feet, showing the location of the proposed structure on the property as well as all existing driveways, intersections, streets, drainage structures or other structures within 200 feet of the proposed driveway location.
(7) 
Driveway plans must include a profile at a scale not greater than one inch equals 30 feet horizontal and one inch equals three feet vertical of the proposed driveway location from the center line of the Town road to a point at least 40 feet from the existing edge of pavement. The driveway profile for the first 20 feet from the gutter line of the Town road shall be not greater than ±6%.
(8) 
Plans must show extent of paving to be done in the Town right-of-way for the driveway, along with the materials to be used.
(9) 
Plans must show the required sight triangle, along with a statement that the required sight area will be kept clear.
(10) 
Plans must show turnaround area off right-of-way.
N. 
Inspection. Upon notice to the Town Engineer of the completion of the construction of the driveway, the Town Engineer or his designee shall inspect same and shall endorse the driveway permit to evidence compliance or noncompliance, and the driveway shall not be deemed in accord with the provisions of this article unless and until the said permit has been so endorsed. Failure of the Town Engineer to endorse the driveway permit within 30 days after submission of said permit to him for endorsement shall be deemed as approval by the Town.
O. 
Violations. Any person or persons, firm or corporation violating the provisions contained herein which results in damage to or obstruction of any public road, gutter, storm drain, ditch, basin, inlet or culvert shall be responsible for all expenses incurred by the Town of Belvidere for the repair of said damage.
P. 
Duration of permit. Permit shall be in effect for one year from the date of issue. Thereafter the permit shall be void and a new permit must be applied for. An extension may be obtained if in the judgment of the Town Engineer the request is warranted.
Q. 
Fee for driveway permit. Prior to the issuance of a driveway permit by the Town Engineer, the applicant for said permit shall pay a fee to the Town Clerk of $125 for each driveway.
[Added 4-6-1992 by Ord. No. 92-02]
[Amended 1-1-1985 by Ord. No. 84-51; 8-19-1985 by Ord. No. 85-6; 8-1-1988 by Ord. No. 88-13; 5-21-1990 by Ord. No. 90-8; 7-20-1992 by Ord. No. 92-09]
Every application for a site plan review by the Planning Board or a review and hearing before the Planning Board shall be accompanied by a check payable to the Town of Belvidere in accordance with the following schedule:
A. 
Filing fee. The following application fees covering administration and overhead shall be charged to the applicant for a site plan review and shall be collected by the Town Clerk, or such person that may be appointed as Board Secretary, at the time of submission of an application to the Planning Board for approval:
(1) 
Preliminary site plan: $400.
(2) 
Final site plan: $400.
(3) 
Combined preliminary/final site plan: $500.
B. 
Required deposits.
(1) 
The following deposits shall be submitted by the applicant at the time of submission of an application to the Planning Board for approval. Said deposit shall cover the costs of engineering, legal and professional planner review and documentation fees and disbursements.
(a) 
Preliminary site plan: $1,500.
(b) 
Final site plan: $1,000.
(2) 
The Town shall tabulate the costs of the Planning Board and Town Engineer, Planner and Attorney, their staffs and any additional experts required for a proper review and documentation. These costs shall be deducted from the engineering/planning/legal review fee deposit. Where the review costs exceed or are anticipated to exceed the review deposit, an applicant shall pay the additional amount prior to further consideration on the application. Failure to remit the additional required deposit within 15 days of request shall render the application incomplete, and no further action shall be taken by the Planning Board until after compliance. Where the review fee costs are less than the review fee deposit, the difference shall be refunded to the applicant within 120 days of the signing of the site plan.
C. 
Site plan resubmission. Such resubmission of a site plan previously withdrawn by the applicant or disapproved by the Planning Board: $500 filing fee and $250 review deposit.
D. 
Engineering/inspection fees and costs associated with site plan improvements.
(1) 
The applicant shall estimate the costs of improvements required as part of the site plan approval by the Planning Board and shall submit same to the Town Engineer, who shall then tabulate an inspection fee deposit to cover the costs of inspection of the construction of improvements on the site. The amount of the deposit shall be based upon the estimated costs of improvements and shall be as follows:
Estimated Cost of Improvement
Inspection Fee Deposit
$0 to $10,000.00
$150.00, plus 7% over $1,000.00
$10,000.01 to $50,000.00
$1,000.00 plus 5% over $10,000.01
$50,000.01 to $100,000.00
$4,600.00, plus 5% over $50,000.01
$100,000.01 to $200,000.00
$8,400.00, plus 4 1/2% over $100,000.01
Over $200,000.00
$15,000.00 plus 4% over $200,000.00
(2) 
The inspection fee deposit shall be paid to the Town Clerk or such person that may be appointed as Board Secretary prior to final approval of the site plan. In the event that the inspection costs are less than the inspection fee deposit, the difference shall be refunded to the applicant within 120 days of the completion of the improvements.
E. 
List of persons within 200 feet: $15.
F. 
Extension of approvals: $250 filing fee and $350 review deposit.
G. 
Zone changes: Applications or requests to consider a change in the zoning ordinance made either to the Planning Board or the Town Council shall be subject to the payment of a filing fee of $1,000 and a review deposit in the amount of $3,500.