[HISTORY: Adopted by the Township Committee of the Township
of Winslow 5-28-75 as Ord. No. 0-8-751 as
Ch. 59A of the 1970 Code of the Township of Winslow.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 40.
Uniform construction codes — See Ch. 113.
Flood damage prevention — See Ch. 145.
Natural resources — See Ch. 179.
Zoning — See Ch. 294.
Zoning Within Pinelands Area — See Ch. 296.
[1]
Editor's Note: This ordinance was made the official Site Plan
Review Ordinance of the township, with the adoption of the Land Use
Map, on 6-27-79 by Ord. No. 0-18-79.
This chapter shall be known and may be cited as the "Site Plan
Review Ordinance of the Township of Winslow, County of Camden, New
Jersey."
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land development in the Township of Winslow
in order to promote the public health, safety, convenience and general
welfare of the township.
The approval provisions of this chapter shall be administered
by the Planning Board as provided in § 14-5 of Chapter 14,
Planning Board, of the Code of the Township of Winslow.
Editor's Note: This reference is to Ch. 14 of the 1970 Code of the Township of Winslow, which chapter was adopted 5-25-56 and was superseded 1-26-77 by Ord. No. 0-1-77. For current provisions pertaining to the Planning Board, see Ch. 40, Land Use Procedures.
A.
A. Prior to the issuance of any building permit by the Building Inspector
for any proposed land development, including commercial, and/or industrial,
and/or multi-family structures containing three (3) or more units,
or any land development requiring off-street parking area, or off
street standing area for three (3) or more vehicles, a site plan shall
be submitted to the Planning Board for its review and recommendations.
[Amended 11-16-93 by Ord. No. 0-36-93]
(1)
Minor site plan shall mean a site plan of one (1) or more lots which:
[Added 7-21-98 by Ord. No. 0-14-98]
(a)
Does not propose the new construction or addition to any building
or structure greater than five thousand (5,000) gross square feet;
(b)
Does not disturb more than ten thousand (10,000) gross square
feet of land area;
(c)
Requires fifteen (15) or fewer off-street parking spaces;
(d)
Is not a planned development, as defined by N.J.S.A. 40:55D-1
et seq.;
(e)
Does not involve the extension of any new street or off-tract
improvement; and
(f)
Contains information sufficient to make an informed judgment
as to whether the requirements established by this chapter for the
approval of a minor site plan have been met.
(2)
Major site plan means any site plan not meeting the definition of
a minor site plan.
[Added 7-21-98 by Ord. No. 0-14-98]
(3)
Change of use procedures.
[Added 5-25-10 by Ord. No. 0-2010-016]
(a)
A zoning permit and certificate of conformance shall be obtained
for every change of use of any nonresidential development unless the
same or a substantially similar use to the immediate prior use is
continued.
(b)
The applicant must comply with provisions of Chapter 40 regarding requirements for notice of public hearings.
(c)
In the event that a stormwater management plan has not been
filed and approved for the subject development, then the applicant
shall submit same at the time of the application in recordable form
subject to the review and approval of the reviewing board.
(d)
The applicant shall comply with all recommendations of the Winslow
Township Police Department, the Winslow Township Fire Official and
the Winslow Township Construction Official and such application shall
be subject to the review and approval of said officials. The applicant
shall submit the necessary information to the aforesaid officials
so that they can submit their recommendations regarding the change
of use application to the reviewing board prior to the time of the
hearing on the application.
(e)
In order for the reviewing board to determine if the existing
site conditions will support the new use, the applicant must submit
along with the change of use application, at a minimum, a copy of
the most recently approved site plan for the property. In the case
where an older site has never received site plan review approval and
no changes are proposed, then a current survey must be submitted.
The survey shall indicate the property boundaries, all structures,
fencing, parking spaces, driveway aisles, drainage basins, lighting,
landscaping, etc.
(f)
The reviewing board may waive the requirement for a full site plan review submission if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review. The applicant must comply with Chapter 40 for any request for a site plan waiver.
(g)
The reviewing board will then conduct a public hearing on the
proposed change of use application. The applicant shall be responsible
to clearly state all aspects of the proposed use of the property.
(h)
The reviewing board shall take action on a change of use application
within forty-five (45) days after the application has been certified
complete or within such further time as may be consented to by the
applicant. The reviewing board will make a final determination on
the application and plan based on the testimony provided to the reviewing
board.
(i)
The reviewing board may condition a change of use approval upon
compliance with any reasonable condition not in violation with the
terms of this chapter or other applicable local, state, or federal
law.
(j)
Effect of change of use approval. The rights granted to an applicant
pursuant to change of use approval, whether conditional or otherwise,
shall continue for a period of one (1) year, unless the applicant
has commenced such use prior to the expiration of one (1) year.
(k)
A zoning permit shall not be issued for the new use until all
conditions of any reviewing board approval have been completed, the
plan has been signed by the board engineer and secretary, and a signed
copy has been submitted to the Zoning Officer.
(l)
A zoning permit and certificate of conformance shall not be issued
for the use or occupancy of the premises until all site conditions
are in conformance with the current site plan approval.
B.
Site plans are not required for the following uses, but developers
of such uses are urged to consult with the Planning Board concerning
these proposed developments:
[Amended 11-16-93 by Ord. No. 0-36-93]
C.
The Planning Board shall act on any site plan submitted to it for
review within forty-five (45) days after receipt of the same from
the Building Inspector. The Building Inspector or Zoning Officer shall
submit all applications at the Planning Board meeting following receipt
of the same. If the Planning Board fails to act on a site plan within
the forty-five-day period, said site plans shall be deemed to have
been approved by the Planning Board, unless by mutual agreement between
the Planning Board and the applicant or his authorized agent the forty-five-day
period shall be extended for an additional forty-five-day period.
D.
The Planning Board shall notify the Building Inspector and Zoning
Officer of its action on the site plan. The application and a copy
of such action shall be forwarded to the applicant and the Township
Committee.
E.
In the event that the Planning Board disapproves a site plan application,
the reasons for disapproval shall be stated in writing. Copies of
the report disapproving said plan shall be forwarded to the applicant,
the Township Committee and the Building Inspector and Zoning Officer
by certified mail.
F.
In acting upon any site plan submitted to it, the Planning Board
shall ascertain that all of the terms, conditions and requirements
of this chapter are met.
G.
No change of engineering design shall be made without the approval
of the Township Engineer.
I.
No development involving the use of Pinelands Development Credits shall be approved until the developer has provided the Commission and the approval agency with evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the approval agency may grant preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final site plan 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 Section 40-41 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 5-24-89 by Ord. No. 0-27-89; 2-25-97 by Ord. No. 0-2-97; amended 6-19-01 by Ord. No. 0-13-2001]
J.
At the request of the developer, the Planning Board shall grant an
informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
The developer shall not be bound by any concept plan for which review
is requested, and the Planning Board shall not be bound by any such
review.
[Added 7-21-98 by Ord. No. 0-14-98]
[Amended 3-26-86 by Ord. No. 0-2-86; 6-28-11 by Ord. No. O-2011-016]
Applications, plus four (4) copies of the site plan and all
supporting documents and data, shall be filed with the local Building
Inspector or Zoning Officer, who shall forthwith forward the same
to the Planning Board.[1]
The supporting documents shall include, but not be limited to,
all items required by the Land Development Checklist, a copy of which
is on file with the Township Planning Board Secretary and Township
Zoning Board of Adjustment Secretary. The following reports, when
required, shall contain the information set forth below:
A.
Environmental Impact Study.
(1)
Project identification and description. The project identification
and description shall fully describe the project including all proposed
facilities and activities to be conducted on the site and shall include
the items in the following list as applicable. This information may
be included in the text of the EIS or on exhibits and drawings that
are included in and made a part of the EIS:
(a)
Project name.
(b)
Tax map identification of all real estate parcels included in
the project.
(c)
Streets abutting the project site.
(d)
Current and proposed zoning classification.
(e)
Present and proposed land use and current use of adjacent properties.
(f)
Name, address and telephone number of the property owner, applicant,
their respective legal counsel, president or managing partner of applicant,
applicants engineer or other representative with direct responsibility
for the design of the project and the person preparing the EIR.
(g)
Area of the project site and the area to be disturbed by the
project.
(h)
Area of existing and proposed roadways.
(i)
Number, square footage and function of existing and proposed
buildings.
(j)
Total area of other existing and proposed impervious areas.
(k)
For subdivisions, the total number of proposed lots and the
minimum and maximum lot size.
(l)
Construction sequence and schedule for the project (and each
phase of the project if the project will be constructed in phase)
including estimated duration of construction and proposed daily work
start and stop times.
(m)
Existing and proposed land elevations and contours.
(n)
First floor elevations for all existing and proposed buildings.
(o)
All surface water bodies, wetlands, water supply wells on or
within five hundred (500) feet of the project site
(p)
A key map utilizing the appropriate USGS quadrangle map showing
the location of the project site.
(q)
A location plan showing the project site and all properties
within two hundred (200) feet of the project site drawn to a scale
not less than one (1) inch = fifty (50) feet.
(r)
Proposed erosion control methods during construction.
(s)
Proposed stormwater runoff control system.
(t)
Proposed landscaping plan.
(2)
Environmental Inventory. The Environmental Inventory shall describe
the current use(s) of the project site and all existing environmental
features and conditions on or affecting the project site. The Environmental
Inventory shall include, but not be limited to, the following features
and conditions:
(a)
Ground and surface water hydrology and wetlands. Identify and
describe the watershed in which the site is located, surface water
bodies, groundwater aquifers, wells and wetlands. The description
of these features shall include a discussion of physical and chemical
water quality, applicable stream and aquifer classifications, applicable
wetland resource classifications and existing well head protection
measures.
(b)
Air quality. Describe the ambient air quality in the vicinity
of the site.
(c)
Noise vibration. Describe ambient noise levels and sources of
noise and potential off-site noise and vibrant impacts of the project
or the means and methods of construction.
(d)
Topography. Describe the topography of the site including minimum
and maximum ground elevations and identification of slopes in excess
of fifteen percent (15%).
(e)
Soils. Describe the soils at the site including physical and
chemical characteristics, infiltration and percolation capacity, stability
of slopes in excess of fifteen percent (15%) and any existing erosion
problems.
(f)
Potable water supply. Identify the current source(s) of potable
water to the site including public or private water supply wells and
the availability of a public community water supply system.
(g)
Sanitary sewage disposal. Describe the existing and past method(s)
of disposal for sanitary sewage at the site including existing or
abandoned cesspools, septic systems, drain fields and the existing
availability of a public sanitary sewage collection system.
(h)
Stormwater. Describe the natural stormwater runoff directions
as well as any existing controls or stormwater management facilities,
their discharge point from the site and the receiving stream. Indicate
if the site is within an aquifer recharge area.
(i)
Solid waste disposal. Describe the existing source(s) and type(s)
of solid waste generated at the site and existing methods of collection
and disposal or recycling.
(j)
Hazardous materials. Describe the source(s) and type(s) of hazardous
materials (as defined in applicable NJDEP regulations) generated,
used, stored or disposed at the site. The EIR shall include a copy
of any existing inventory of materials that the owner or operator
of the site is required to provide to the local emergency response
committee pursuant to the State or Federal Emergency Planning and
Community Right to Know Acts.
(k)
Vegetation. Describe the existing vegetation on the site and
shall identify the presence of endangered or threatened species.
(l)
Wildlife. Describe the known fish and wildlife species that
inhabit the site and shall identify the presence of endangered or
threatened species.
(m)
Cultural or historic features. Describe the past uses of the
site and any features or conditions of cultural or historical interest
on the site.
(3)
Environmental impact assessment. The EIS shall describe and assess the actual and probable impact of the project on each of the features and conditions described in Subsection B. This assessment shall be supported by objective date where appropriate. This assessment shall discuss the direct, incidental and consequential impacts of the project both during and after construction and shall specifically identify all permanent or adverse impacts of the project that cannot be avoided if the project is approved.
(4)
Mitigation and remedial measures. The EIS shall describe the mitigation and remedial measures and project components that the applicant will use to eliminate or minimize the unavoidable or adverse impacts of the project on each of the features and conditions described in Subsection B.
(5)
Alternatives. The EIS shall describe the alternatives to the project
that were considered by the applicant and the reasons that the applicant
rejected those alternatives. These alternatives should include, but
not be limited to, other locations for the project, other projects
for the site, other configurations and sizes for the project and the
"no action" alternative.
(6)
Permits. The EIS shall include a list of all State and Federal permits
or approvals required to construct, the project and the status of
each permit or approval as of the date of the EIS.
B.
Traffic Impact Study.
(1)
Purpose. It is the purpose of this subsection to require the submission
of a Traffic Impact Statement as a part of a land development application
for any site plan, major subdivision, general development plan, planned
unit development, planned residential development or any development
or redevelopment approval within the Township of Winslow. The purpose
of requiring such a statement is to assist the Land Use Board and
its consultants in assessing the impact of a proposed project upon
the local and regional roadway network. The Land Use Board may waive
the requirement for a traffic impact study report totally or partially
if sufficient evidence is submitted to the Board to indicate that
the proposed project will have a negligible traffic impact or that
a complete report need not be prepared and submitted in order to adequately
evaluate the specific traffic impact produced by the development application.
The burden of demonstrating exceptions hereinabove stated shall at
all times rest with the applicant, who must affirmatively demonstrate
to the Board the basis for the waiver request.
(2)
The traffic impact study report shall contain the following information:
(a)
A full documentation of existing conditions on adjacent streets
which provide direct site ingress/egress, including roadway pavement
width, rights-of-way, parking conditions, pavement conditions, sight
distances, grades and alignment of the roadway(s). Existing traffic
control devices (traffic signals, speed limits, etc.) shall be described,
as well as any pertinent signing or pavement markings. Existing traffic
volumes for peak hour conditions shall be presented with the source
of these data denoted.
(b)
Projections of traffic to be generated by the proposed development
for an average, daily, morning peak hour(s), an average daily, afternoon
peak hour(s) and any other peak hour traffic condition deemed applicable
as a result of the type and/or location of the proposed generator.
Traffic generation rates should be based upon the latest edition of
the ITE Trip Generation Handbook or upon local indices which can be
substantiated by supporting documentation. Also, a trip distribution
relating to the site traffic and the assignment of the site traffic
to the adjacent street system shall be provided. The resultant trip
distribution/site traffic assignment shall be fully documented. Any
assumptions regarding the diversion of existing traffic to or from
alternative routes should be clearly specified in the statement.
(c)
An assessment of the traffic impact of the proposed development,
including a capacity study of each site impacted intersection or roadway
segment. These capacity studies shall be done for existing conditions,
site predevelopment conditions and site build-out conditions. The
site build-out analysis shall be based on traffic volumes projected
forward to the anticipated build-out year with adjustments for area-wide
growth and seasonal traffic flow variations. Capacity determinations
shall be based upon normally accepted standards and documentation,
with the basis of these capacity analyses clearly indicated and provided
as documentation. In the event the project is staged over a period
of time, traffic volume projections for each stage with corresponding
capacity analyses shall be provided and documented.
(d)
A site's traffic volume contribution to the overall background
traffic at each site impacted intersection and/or roadway segment
shall be determined.
(e)
A determination of any roadway/intersection deficiencies for
existing and/or future conditions. Specific recommendations for the
resolution of these deficiencies shall also be addressed in the statement.
The statement shall contain a listing of any and all actions to be
undertaken by the applicant to mitigate any traffic problems and,
as such, shall be considered a firm offer by the applicant to undertake
said actions, subject to approval by the Land Use Board. The responsibility
for the traffic mitigation measures will be based on a developer's
fair share of the improvements.
A.
Scale. Any site plan presented to the Planning Board shall be drawn
at a scale not smaller than one (1) inch equals fifty (50) feet and
not larger than (1) inch equals ten (10) feet, except that plans for
land developments that will occupy sites of more than forty (40) acres
may be drawn in accordance with the following table:
|
Area (acres)
|
Scale
|
|---|---|
|
Between 40 and 150
|
1" = 100'
|
|
Over 150
|
1" = 200'
|
B.
Map size. The sizes of all maps and plans of any proposed land development
shall be consistent with the sizes permitted under Chapter 141 of
the Laws of 1960, known as "New Jersey Map Filing Law,"[1] as follows:
(1)
Eight and one-half by thirteen (8 1/2 x 13) inches.
(2)
Fifteen by twenty-one (15 x 21) inches.
(3)
Twenty-four by thirty-six (24 x 36) inches.
(4)
Thirty by forty-two (30 x 42) inches.
[1]
Editor's Note: See N.J.S.A. 42:23-9.9 et seq.
C.
Plan details. Any site plan shall include and show the following
information with respect to the subject lot or lots:
(1)
The name and address of the applicant and the owner and the name,
address and title of the person preparing the plan, maps, including
appropriate map titles, and accompanying data.
(2)
An appropriate place for the signatures of the Planning Board Chairman
and Township Engineer.
(3)
The Municipal Tax Map lot and block numbers of the lot or lots, tax
sheet number and key location map.
(4)
A date, scale and North arrow on any map.
(5)
The zone district in which the lot or lots are located.
(6)
All existing and proposed setback dimensions, landscaped areas, trees
over six-inch caliper and fencing.
(7)
All existing and proposed signs and lighting standards and utility
poles and their size, type construction and location.
(8)
The existing and proposed principal buildings or structures and all
accessory buildings or structures, if any, and finished grade elevations
at all corners of said buildings.
(9)
Existing topography based upon United States Coast and Geodetic Survey
datum or approved local datum and proposed grading with a maximum
of two-foot contour intervals.
(10)
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 existing or proposed facility
to handle future storm flows.
(11)
The location, type and size of all existing and proposed curbs,
sidewalks, driveways, fences, retaining walls and parking space areas
and the 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 one hundred (100) feet of said site.
(12)
The location, size and nature of all existing and proposed rights-of-way,
easements and other encumbrances which may affect the lot or lots
in question, and the location, size and description of any lands to
be dedicated to the municipality.
(13)
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 such entire lot or lots or contiguous lots on one (1) map,
a key map thereof shall be submitted.
(14)
The location, names and widths of all existing and proposed
streets, including cross sections and profiles abutting the lot or
lots in question and within two hundred (200) feet of said lot.
(15)
An architectural elevation and design perspective of all proposed
structures.
(16)
Any and all other information and data necessary to meet any
of the requirements of this chapter not listed above.
(17)
The location of all proposed streetlights, if necessary or as
required by the township.
[Added 1-25-84 by Ord. No. 0-2-84]
A.
Failure to comply with any of the conditions of site plan approval
subsequent to the receipt of a building permit shall be a basis of
one (1) or more of the following actions:
(1)
Revocation of the building permit.
(2)
The revocation or withholding of the issuance of a certificate of
occupancy.
(3)
Forfeiture of any performance bond or other payment guaranty required
by the township to cover the costs of improvements.
(4)
Appropriate court action where provided for by law.
B.
A written notice of noncompliance shall be forwarded, by certified
mail, to the applicant requesting evidence of compliance, with the
conditions of site plan approval, within a period of time of not more
than ten (10) days from the date of the written notice.
[Amended 10-24-90 by Ord. No. 0-21-90]
Any site plan approved by the Planning Board under the terms
of this chapter shall confer upon the applicant the rights set forth
under the New Jersey Municipal Land Use Law in N.J.S.A. 40:55D-49,
et seq. and shall confer such rights to the periods of time set forth
therein.
If any person shall be aggrieved by the action of the Planning
Board, an appeal in writing to the Township Committee may be taken
within ten (10) days after the date of the action of the Planning
Board. A hearing thereon shall be had upon notice to all parties and
interests, who shall be afforded an opportunity to be heard. After
such hearing, the Township Committee may affirm or reverse the action
of the Planning Board by a recorded vote of a majority of the total
members thereof. The finding and reasons for the disposition of the
appeal shall be stated upon the records of the Township Committee,
and the applying party shall be given a copy.
A.
As a condition to the approval of a site plan, the Planning Board
may require the dedication of additional rights-of-way in accordance
with the Master Plan adopted by the Township Committee or an Official
Township Map adopted by the Township Committee.
B.
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
as set forth on the duly adopted Township Master Plan or Official
Township Map. 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 (1) side of the road,
only one-half (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 the future right-of-way for future acquisition. The building setback
lines shall be measured from the future right-of-way line.
C.
In order to effect dedications required by this section, a deed for
such lands shall be furnished to the township in a form approved by
the Township Solicitor.
[Amended 2-15-94 by Ord. No. 0-1-94; amended in entirety 6-26-18 by Ord. No.
O.2018-015]
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. Posting of the performance
guaranty shall be in accordance with the provisions of this Chapter.
A.
As a condition of final site plan approval, the approving authority
may require and shall accept in accordance with the standards adopted
by this Chapter for the purpose of assuring the installation and maintenance
of on-tract improvements:
(1)
The furnishing of a performance guarantee in favor of the Township
in an amount not to exceed one hundred twenty percent (120%) of the
cost of installation of the following improvements that are to be
dedicated to a public entity, and that have not yet been installed,
as shown on the approved plans or plat: streets, pavement, gutters,
curbs, sidewalks, street lighting, street trees, surveyor's monuments,
water mains, sanitary sewers, community septic systems, drainage structures,
public improvements of open space, and any grading necessitated by
the preceding improvements.
(2)
In the case where an approved phase or section of a development is
privately-owned, the perimeter buffer landscaping guarantee shall
be required by the Township as a condition of permit approval. At
the developer's option, a separate performance guarantee may
be posted for the privately-owned perimeter buffer landscaping. The
following forms shall be acceptable:
(a)
A cash value equal to one hundred twenty percent (120%) of the
total perimeter buffer landscaping cost;
(b)
An irrevocable performance bond in the amount of one hundred
twenty percent (120%) of the perimeter buffer landscaping cost.
The projected cost of the perimeter buffer landscaping shall
be provided by the applicant and shall be based on an approved landscape
plan and plantings within the required landscape buffer.
(3)
The cost of the performance guarantee shall be determined by the
Township Engineer, who shall prepare an itemized cost estimate of
the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor. Said itemization shall be the basis for determining
the amount of performance guaranty and maintenance guaranty required
by the approving authority. The Township Engineer shall forward his
estimate of the cost of improvements to the developer within thirty
(30) days of the date of receipt of a request sent by certified mail
for said estimate.
(4)
Prior to the release of a performance guarantee, the furnishing of
a maintenance guarantee in an amount not to exceed fifteen percent
(15%) of the cost of the installation of the improvements which are
being released.
(5)
Upon the inspection and issuance of final approval of the following
private site improvements by the Township Engineer, the furnishing
of maintenance guarantee not to exceed fifteen percent (15%) of the
cost of installation of the following private site improvements: stormwater
management basins, in-flow and water quality structures within the
basins, and the out-flow pipes and structures of the stormwater management
system.
(6)
The term of the maintenance guarantee shall be for a period not to
exceed two (2) years and shall automatically expire at the end of
the established term.
B.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guaranty, to another governmental
agency, no performance or maintenance guaranty, as the case may be,
shall be required for such utilities or improvements.
C.
(1)
Upon the request of a holder of a permit, the construction official
may issue a temporary certificate of occupancy for a building or structure
or part thereof before the entire work covered by the permit shall
have been complete, provided such portion or portions may be occupied
safely prior to full completion of the building or structure with
respect to public safety and welfare. Further, no temporary or final
certificate of occupancy shall be granted until all required utilities,
including but not limited to water, sewer, electric and gas are installed
and in service.
(2)
Temporary certificate of occupancy guarantee. In the event that a
developer shall seek a temporary certificate of occupancy for a development,
unit, lot, building, or phase of development, as a condition of the
issuance thereof, the developer shall furnish a separate guarantee,
referred to herein as a temporary certificate of occupancy guarantee,
in an amount equal to one hundred twenty percent (120%) of the cost
of installation of only those improvements or items which remain to
be completed or installed under the terms of the temporary certificate
of occupancy and which are required to be installed or completed as
a condition precedent to the issuance of the permanent certificate
of occupancy for the development, unit, lot, building or phase of
development and which are not covered by an existing performance guarantee.
Upon posting of a temporary certificate of occupancy guarantee, all
sums remaining under a performance guarantee, which relate to the
development, unit, lot, building, or phase of development for which
the temporary certificate of occupancy is sought, shall be released.
The scope and amount of the temporary certificate of occupancy guarantee
shall be determined by the Township Engineer. At no time may the Township
hold more than one guarantee or bond of this type. The temporary certificate
of occupancy guarantee shall be released by the Township Engineer
upon the issuance of a permanent certificate of occupancy with regard
to the development, unit, lot, building, or phase as to which the
temporary certificate of occupancy relates. The projected cost of
the temporary certificate of occupancy guarantee shall be provided
by the applicant. It shall include items such as, but not limited
to, sidewalks and street trees at the subject property, roadways (including
surface course) from the property to the fully improved roadway; water
and sewer infrastructure from the property to the main, stormwater
conveyance to serve the property, stormwater management structures/basins
for the current project phase. When uncompleted community facilities,
such as recreation, are to be included in the temporary certificate
of occupancy guarantee, it shall be required to the point of fifty
percent (50%) occupancy. Each of these items shall apply for residential
and non-residential projects requiring a temporary certificate of
occupancy.
D.
In addition to a performance guarantee required pursuant to this
Chapter, a developer shall furnish to the Township of Winslow a separate
guarantee, referred to herein as a "safety and stabilization guarantee".
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding one hundred thousand
dollars ($100,000.) shall be five thousand dollars ($5,000.). The
amount of a safety and stabilization guarantee for a development with
bonded improvements exceeding one hundred thousand dollars ($100,000.)
shall be calculated as a percentage of the bonded improvement costs
of the development or phase of development as follows: five thousand
dollars ($5,000.) for the first one hundred thousand dollars ($100,000.)
of bonded improvement costs, plus two and one-half percent (2 1/2%)
of bonded improvement costs in excess of one hundred thousand dollars
($100,000.) up to one million dollars ($1,000,000.), plus one percent
(1%) of bonded improvement costs in excess of one million dollars
($1,000,000.). The safety and stabilization guarantee shall be available
to the Township solely for the purpose of returning property that
has been disturbed to a safe and stable condition or otherwise implementing
measures to protect the public from access to an unsafe or unstable
condition, only in the circumstance that: (i) site disturbance has
commenced and, hereafter, all work on the development has ceased for
a period of at least sixty (60) consecutive days following such commencement
for reasons other than force majeure, and (ii) work has not recommenced
within thirty (30) days following the provision of written notice
by the Township to the developer of the Township's intent to
claim payment under the guarantee. The Township shall not provide
notice of its intent to claim payment until a period of at least sixty
(60) days has elapsed during which all work on the development has
ceased for reasons other than force majeure. The Township shall provide
written notice to a developer by certified mail or other form of delivery
providing evidence of receipt. In the event that the developer has
made a cash deposit with the Township as part of the performance guarantee,
then any partial reduction granted in the performance guarantee shall
be applied to the cash deposit in the same proportion as the original
cash deposit bears to the full amount of the performance guarantee,
provided that if the safety and stabilization guarantee is included
as a line item of the performance guarantee, the municipality may
retain cash equal to the amount of the remaining safety and stabilization
guarantee.
E.
The amount of any performance guaranty may be reduced by the Township
Committee, by resolution, when portions of the bonded improvements
have been certified by the Township Engineer to have been completed.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be established by the Township
by resolution.
F.
If the required bonded improvements are not completed or corrected
in accordance with the performance guaranty, the obligor and surety,
if any, shall be liable thereon to the Township for the reasonable
cost of the improvements not completed or corrected, and the Township
may, either prior to or after the receipt of the proceeds thereof,
complete such improvements.
G.
When all of the bonded improvements have been completed, the obligor
shall notify the Township Committee, in writing, by certified mail
addressed in care of the Township Clerk, of the completion of said
improvements and shall send a copy thereof to the Township Engineer.
Thereupon the Township Engineer shall inspect all of the bonded improvements
and shall file a detailed report, in writing, with the Township Committee,
indicating either approval, partial approval or rejection of the bonded
improvements with a statement of reasons for any rejection. If partial
approval is indicated, the cost of the bonded improvements rejected
shall be set forth.
A.
Off-street parking.
(2)
Off-street parking areas should 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 lane that is
within twenty (20) feet of the right-of-way line of a road. Off-street
parking areas should be so designed 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.
(3)
No required off-street parking space, including adjacent parking
access lanes or maneuvering space, shall be located within the existing
or proposed right-of-way of a road, including the sidewalk area.
C.
Customers' service areas. 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 ten (10) feet back from the right-of-way line of
a road.
D.
Driveways.
(1)
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 the Planning Board upon receipt of advice
of the Township Engineer
|
(2)
All entrance and exit driveways to a road shall be so located to
afford maximum safety on the road.
(3)
Any exit driveway or driveway lane shall be so designed in profile
and grading and shall be so located to permit the following minimum
sight distance measured in each direction along any abutting township,
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
|
(4)
Where a site occupies a corner of two (2) intersecting roads, no
driveway entrance or exit may be located within a minimum of thirty
(30) feet of the tangent of the existing or proposed curb radius of
that site.
(5)
No entrance or exit driveway shall be located on the following portions
of any collector or arterial road; on a traffic circle; on the ramp
of an interchange; within thirty (30) feet of the beginning of any
ramp or other portion of an interchange; or on any portion of such
road where the grade has been changed to incorporate an interchange.
(6)
Where two (2) or more driveways connect a single site to any one
(1) road, a minimum clear distance of twenty-five (25) feet measured
along the right-of-way line shall separate the closest edges of any
two (2) such driveways.
(7)
Driveways used for two-way operation will intersect any collector
or arterial road at an angle to as near ninety degrees (90°) as
site conditions will permit and in no case will be less than sixty
degrees (60°).
(8)
Driveways used by vehicles in one (1) direction of travel (right
turn only) shall not form an angle smaller than forty-five degrees
(45°) with a collector or arterial road, unless acceleration and
deceleration lanes are provided.
(9)
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
or traffic over twenty-five percent (25%) of which is truck traffic
shall be required to utilize high to maximum dimensions. Driveways
serving low daily traffic volumes or traffic less than twenty-five
percent (25%) of which is truck traffic shall be permitted to use
low to minimum dimensions.
|
One-Way Operation
|
Two-Way Operation
| |||
|---|---|---|---|---|
|
Curbline Opening
(feet)
|
Driveway Width
(feet)
|
Curbline Opening
(feet)
|
Driveway Width
(feet)
| |
|
5-to-10-family residence
|
12-15
|
10-13
|
12-30
|
10-26
|
|
10-family or over
|
12-30
|
10-26
|
24-36
|
20-30
|
|
Commercial and industrial
|
24-50
|
24-34
|
24-50
|
24-46
|
|
Service stations
|
15-36
|
12-34
|
24-36
|
20-34
|
(10)
The surface of any driveway, subject to township site plan approval,
shall be constructed with a permanent pavement of a type specified
by standards set by and in the Land Subdivision Ordinance of the township.[1] Such pavement shall extend to the paved traveled way or paved shoulder of the road, and such pavement shall extend throughout the area defined by the required driveway dimensions specified in Subsection D(9) above.
(11)
Any vertical curve on a driveway shall be flat enough to prevent
the dragging of any vehicle undercarriage.
(12)
All driveway profiles and grades shall be submitted to and approved
by the Township Engineer.
(13)
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.
(14)
All driveways for residential uses shall be located a minimum
of fifteen (15) feet from the adjoining property line(s).
[Added 6-28-11 by Ord. No. 0-2011-016]
E.
Acceleration lanes. Where a driveway serves right-turning traffic
from a parking area providing two hundred (200) or more parking spaces
and/or the abutting road has a peak-hour traffic volume exceeding
one thousand (1,000) vehicles per hour, an acceleration lane shall
be provided in accordance with A Policy of Geometric Design of Rural
Highways, c. 1965, American Association of State Highway Officials.
F.
Deceleration lanes. Where a driveway serves as an entrance to a land
development providing fifty (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 two hundred (200) feet long and at least fifteen (15) 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.
G.
Building and site design.
(1)
Site design.
(a)
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 basin shall be required of a size determined by the Township Engineer to retain the natural state of contiguous or on-site streams. Within the Pinelands Area of the township a site design shall conform with those design and performance standards ensuring environmental protection that are found in Article XV of Chapter 296 of the Winslow Code.
[Amended 8-25-82 by Ord. No. 0-8-82; 2-23-83 by Ord. No. 0-3-83]
(b)
Orientation and siting. In the case of freestanding buildings
or structures and depending on individual site characteristics, consideration
shall be given to positioning 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.
(2)
Principal or accessory building structure design.
(a)
Building features. In reviewing site plans, consideration shall
be given to building material, 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.
(b)
Special features.
[1]
Off-street parking areas for passenger cars and appurtenant
driveways and walkways shall be constructed with a permanent pavement
of a type specified for minor streets in the Land Subdivision Ordinance
of the township.
Editor's Note: See Ch. 246, Subdivision of Land.
[2]
Off-street parking areas, loading or unloading areas for trucks
and appurtenant driveways and walkways shall be constructed with a
permanent pavement of a type specified for arterial streets in the
Land Subdivision Ordinance.
(c)
These and other utility buildings or structures shall harmoniously
blend with existing site features and surrounding development through
careful attention to existing topography, siting and screening techniques.
(3)
Buffering.
(a)
Normal Zoning Ordinance buffering requirements shall apply unless
the Planning Board shall determine that a special noise, light, visual
or environmental problem exists, in which case a planting strip of
up to fifty (50) feet may be required to be planted with evergreens
so as to form an effective screen and/or suitable fencing not more
than ten (10) feet in height.
H.
Special uses.
(1)
Specific site development standards and requirements included in
the Zoning Ordinance for particular uses, such as utility installations,
gasoline stations, apartment projects, shopping centers, industrial
parks, etc., shall apply. In the case of a conflict between such standards
and requirements and those included in this section, the more stringent
shall apply.
(2)
In reviewing site plans, the Planning Board, when required, shall
make its approval subject to any applicable general zoning regulations,
including set- backs, lot size requirements, performance standards,
etc.
(3)
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.
I.
Sidewalks.
(1)
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 the Zoning Ordinance or other ordinances
of the township.
(2)
Such sidewalk required as a condition of approval under this chapter
shall be located in accordance with applicable ordinances and as approved
by the Township Engineer.
J.
Curbing. Each land development requiring site plan approval shall
install portland cement concrete curbs and gutters [gutter will not
be required except in cases where the grade of the road is less than
fifty ten-thousandths (0.0050) and, in the opinion of the Township
Engineer, a drainage problem exists] along the entire property frontage
of the township road and along roads, drives and the perimeter of
parking areas not to be dedicated to the township, in accordance with
the standards and specifications as set forth in the Subdivision Ordinance
of the township, as amended, and as approved by the Township Engineer.
Editor's Note: See Ch. 246, Subdivision of Land.
K.
Shoulder paving. 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 Township
Engineer.
L.
Signs. To facilitate the safe and efficient movement of traffic into
and out of a site, the Planning Board may, as a condition of the site
plan approval, require the installation of specified directional,
regulatory or advisory signs or pavement markings at designated locations
on the site of the right-of-way. Such signs shall be of a size, color
and design specified in accordance with the Uniform Manual of Traffic
Control Devices (Police Department report on traffic control).
M.
Drainage. Each land development not subject to county site plan approval shall provide adequate drainage structures in accordance with standards set by the Township Engineer for handling stormwater that is generated on and/or through such site. Drainage plans for land within the Pinelands Area of the township shall conform with the standards for stormwater management listed under § 296-81 of Article XV, Chapter 296, of the Winslow Code.
[Amended 8-25-82 by Ord. No. 0-8-82]
N.
Streetlights. Streetlights, if necessary or required, and the location
of same shall be in accordance with the plans and specifications as
prepared by a qualified architect, engineer or the Atlantic City Electric
Company. All costs, including installation, maintenance, replacement,
repair and electric source, shall be the responsibility of the site
owner/applicant, unless other arrangements are formally approved by
the township.
[Added 1-25-84 by Ord. No. 0-2-84]
O.
Multi-family housing.
[Added 11-16-93 by Ord. No. 0- 36-93]
(1)
Any building containing three (3) or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, is governed by the provisions of this subsection. Any multi-family
housing development requiring subdivision or site plan approval, must
include an indoor or outdoor recycling area for the collection and
storage of residentially-generated recyclable materials.
(2)
The recycling area shall be large enough to accommodate a number
of recycling bins and/or containers, consistent with the anticipated
usage.
(3)
Said recycling area shall be physically situated so as to not impair
the flow of the normal collection process.
(4)
Said recycling area must be situated to be reasonably accessible to recycling personnel and vehicles, and, in other respects, comply with Article 2 of Chapter 153 of the Code of the Township of Winslow.
(5)
The bins and/or containers shall be designed so as to provide maximum
protection against adverse environmental conditions. Reasonable measures
shall be taken to protect the recycling area against theft of the
recyclable materials, bins and/or containers.
(6)
Signs and/or markers identifying the recycling area shall be posted.
The bins and/or containers shall be plainly marked so as to indicate
the material to be placed therein.
(7)
Protection by means of landscaping and/or appropriate fencing, shall
be provided around any outdoor recycling area.
P.
Speed bumps shall be prohibited in any and all parking areas, driveways
or as otherwise prohibited by State law.
[Added 7-25-95 by Ord. No. 0-27-95]
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, firm, association, syndicate, copartnership
or corporation having proprietary interest in the land submitted for
site plan review sufficient to commence and maintain proceedings to
develop said land subject to municipal regulations.
A composite of the written and map proposals for the physical
development of the township, with the accompanying plats, charts and
descriptive and explanatory matter adopted by the Township Planning
Board, pursuant to N.J.S.A. 40:55-1.10.[1]
An acquired privilege or right of use of privately owned
land for specified purposes.
A parcel or portion of land legally separated from other
parcels or portions by description, as on a subdivision or record
of survey map or by metes and bounds, for the purpose of sale, lease
or separate use.
Any security approved by the Township Solicitor as to form
and by the Township Engineer as to amount may be accepted in lieu
of the requirement that certain improvements be made before the Planning
Board grants approval of a site plan.
The Winslow Township Planning Board.
The area between the outer boundaries of the public street
or way, whether improved or unimproved and whether acquired by deed
or easement. The term "right-of-way" shall apply to planned future
roadways or widenings when these are shown on an adopted Master Plan
or an Official Map.
[Added 9-26-95 by Ord. No. 0-29-95]
A.
General. All extensions to the municipal water system shall provide
for adequate fire protection including fire hydrant assembly.
B.
Hydrant spacing. Fire hydrants shall be spaced at a maximum of seven
hundred (700) feet apart. Alternatively, depending upon roadway and
block configuration, spacing may be approved at eight hundred (800)
feet apart.
C.
Culs-de-sac. Fire hydrants shall be placed at the entrance to a cul-de-sac.
Depending upon the length of the cul-de-sac, other fire hydrants may
be required within the cul-de-sac. An approved air blow off device
or a flushing type hydrant may be substituted for a fire hydrant at
the far end of a cul-de-sac; however, if a fire hydrant is placed
at the far end of a cul-de-sac, it is not to be considered when calculating
footage between hydrants. The last hydrant, if necessary to comply
with the spacing criteria, shall be located near the entrance to the
cul-de-sac bubble.
D.
Intersecting streets. Fire hydrants placed near the corner of intersecting
streets, shall be located, preferably, on the curb tangent, and shall
be within ten (10) feet of the curb point of curvature.
E.
Rating and painting of hydrants. Fire hydrants shall be rated and
painted in accordance with the current National Fire Protection Association
guidelines. All hydrants shall be painted prior to release of bonds.
F.
Water main size and rate of flow. The size of the water main servicing
all fire hydrants shall, at a minimum, be six (6) inches in diameter,
or as otherwise required pursuant to applicable law and regulation.
When calculating the size of water mains and the rate of flow for
fire protection, the supply wells are not to be in operation. Additionally,
the water supply must be from the water tank(s) with water levels
at maximum usage day elevation as determined by the Municipal Utilities
Engineer.
G.
Pipe materials. Pipe material shall consist of Class 52, or an equivalent
pressure class, concrete lined ductile iron pipe in accordance with
current AWWA standards.
