A.
The purpose of this Article is to provide guidelines, rules, regulations and standards for site plan review in the Township in order to promote its public health, safety, convenience and general welfare. It shall be administered by the Planning Board, except as set forth in § 55-243 of this chapter, to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provisions for circulation, utilities and services.
B.
The rules, regulations and standards set forth shall be considered
to be the minimum requirements for the protection of the public health,
safety and welfare of the citizens of the Township.
[Amended 10-17-88 by Ord. No. 1988-37; 6-7-93 by Ord. No. 1993-21; 3-20-95 by Ord. No. 1995-15 § 6;
8-5-96 by Ord. No. 1996-27 § 6; Ord. No. 1996-28 § 6]
No building permit or zoning permit shall be issued for any new structure or for an addition or alteration to an existing structure, and no certificate of occupancy shall be issued for any change of use, unless a final major site plan or minor site plan as enumerated in § 55-154 of this chapter shall have first been approved by the Planning Board or Board of Adjustment in conjunction with the processing of a use variance as set forth in § 55-243 of this chapter, in accordance with the terms of this chapter and the Municipal Land Use Law, except that:
A.
A construction permit for a single-family detached dwelling unit
or a two-family dwelling unit and/or their accessory building(s) or
uses on a lot shall not require site plan approval. Any existing or
proposed principal or accessory building for a home occupation or
home professional office, as defined and permitted by this chapter,
shall be reviewed and approved by the Zoning Officer. The foregoing
shall in no way affect the responsibility of an applicant to submit
the necessary information and receive the necessary approvals as may
be required pursuant to other ordinances, outside agencies and applicable
state statutes.
[Amended 5-7-2019 by Ord.
No. 2019-9]
B.
The Site Plan Review Subcommittee may recommend to the full Planning
Board, or Board of Adjustment if applicable, to take a vote to waive
the requirement for site plan approval where there is a change in
use or occupancy and no extensive construction or improvement is sought.
However, it may be granted only upon determination by the Site Plan
Review Subcommittee that the use shall not affect existing drainage,
circulation, relationship with buildings to each other, landscaping,
buffering, lighting, and other considerations of site plan approval
and that the existing facilities do not require upgraded or additional
on-site improvements. The application for a waiver of site plan shall
include information and documentation of the prior use of the site,
the proposed use and its impact. Pursuant to N.J.S.A. 40:55D-46.1,
an application for waiver of site plan may not require, in the discretion
of the Board, a public hearing. Notwithstanding, public notice and
publication shall be required as provided herein.
C.
The Zoning Officer may approve any change of use from one permitted
category of nonresidential use to another permitted category of nonresidential
use from site plan approval requirements if:
[Amended 5-7-2019 by Ord.
No. 2019-9]
D.
The Site Plan Review Subcommittee, taking under advice the recommendations
of the Chairperson of the Historic Preservation Commission, may waive
or exempt the requirement for site plan review and approval in the
case of a referral by the Administrative Officer of a minor application
for the issuance of a permit pertaining to historic sites or property
in the Barnegat Historic District pursuant to N.J.S.A. 40:55D-111.
Minor applications include normal repairs and replacements which,
in the discretion of the Subcommittee, do not seriously impair the
historic value and character of the surrounding area and are made
in the spirit of the building's original architectural style.
E.
Fences not included as part of a site plan application shall not
require site plan approval but shall require the issuance of a fence
permit by the Zoning Officer.
F.
Signs not included as part of a site plan application shall not require site plan approval except that signs exceeding the maximum size permitted pursuant to § 55-182 shall require minor site plan review and approval.
G.
For any change of use application that is made for a substantially
similar use as determined by the Zoning Officer, no site plan approval
and/or review by the Site Plan Review Subcommittee shall be required.
[Added 5-7-2019 by Ord.
No. 2019-9]
A.
Fifteen (15) black-on-white prints of the preliminary site plan and five (5) sets of preliminary architectural drawings and elevations, together with six (6) completed application forms for preliminary site plan approval and the fees as required in Article III of this chapter, shall be submitted to the administrative officer.
B.
The preliminary site plans and documentation shall contain all of the information required under § 55-108 of this Article, shall be presented in tentative form for discussion and shall be signed and sealed by an engineer or surveyor licensed by the State of New Jersey. The general design standards and criteria as set forth in § 55-111 of this Article shall be observed. Said submission shall be of sufficient detail so that the municipal agency may make an informed decision upon the development application.
C.
After determination that a complete application has been submitted,
the Board Secretary shall forward copies of the preliminary site plan
to the Township Engineer, the Ocean County Soil Conservation District,
the Construction Code Official, the Township Board of Health, the
Township Shade Tree Commission, the Township Board of Assessors, the
Township Police Department, the Township Zoning Officer and such other
municipal, county or State officials or agencies as may be necessary
for their review and recommendations to the municipal agency. The
documentation shall be forwarded by the Board Secretary forthwith
upon the filing of the application and documentation. Each municipal
recipient of the documentation distributed in accordance with this
provision shall provide written report and recommendations to the
Board prior to the hearing date. In addition to the written reports
herein called for, any municipal commission, board, body or official
shall have the right to appear at the hearing and give testimony and
produce evidence in support of its report and recommendations. If
any municipal board or body does not submit a written report prior
to the date fixed for the hearing, the Board shall assume that the
municipal board, body or official has no recommendations and no objections
to the proposed site plan. In considering the application and making
determination following the hearing, the Planning Board shall give
due consideration to the report and recommendations of any municipal
board, body or official, as herein provided.
The municipal agency shall act on the preliminary site plan within the time prescribed in § 55-90 of this chapter. As part of this action, the municipal agency shall determine if a performance guaranty will be ultimately required prior to final site plan approval. If the municipal agency acts favorably on a preliminary site plan, with or without conditions, a notation to that effect shall be made on the plan, and it shall be returned to the developer for compliance with final approval requirements. If the municipal agency disapproves a preliminary site plan, the reason for such action shall be noted on the plan and returned to the developer.
The rights conferred by preliminary site plan approval shall be the same as those set forth in § 55-108 of this chapter.
[Amended 9-6-83 by Ord. No. 1983-20]
A.
Six (6) black-on-white prints of the final site plan, drawn to the specifications pursuant to § 55-148 of this Article together with all necessary documentation, six (6) completed application forms for final site plan approval, the fees as required in Article III of this chapter and a performance guaranty, if required, in the amount sufficient to ensure the completion of the improvements required under § 55-123A to C of this chapter, as well as other on-site improvements and landscaping, shall be submitted to the administrative officer.
B.
Application for final site plan shall also be accompanied by a fee
by certified check payable to the Township of Barnegat totaling six
percent (6%) of the Township Engineer's estimated cost of bonded site
improvements. Said fee shall be set aside in an escrow account to
be drawn upon to cover the cost of inspection of the construction,
the balance of which shall be returned to the applicant.
After determination that a complete application has been submitted, the municipal agency shall act on the final site plan within the time prescribed in § 55-90 of this chapter. Prior to an action being taken, however, a certification by the Township Engineer and Attorney shall be received by the municipal agency stating that the performance guaranty, if required, has been approved as to form and amount to assure completion of all required improvements. If the municipal agency acts favorably on a final site plan, with or without conditions, a notation to that effect shall be made on the plan, and it shall be returned to the developer.
The following rights shall be conferred upon the developer for a period of two (2) years after the date of final major site plan approval: The zoning requirements applicable to the preliminary site plan approval first granted and all other rights conferred upon the developer pursuant to § 55-108 whether conditionally or otherwise, shall not be changed. If the developer has followed the standards prescribed for final major site plan approval, the municipal agency may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Notwithstanding any other provisions of the Municipal Land Use Law, the granting of final major site plan approval terminates the time period or preliminary site plan approval pursuant to § 55-108 of this chapter for the section granted final major site plan approval.
[Amended 9-21-87 by Ord. No. 1987-29; 9-21-87 by Res. No. 1987-334]
A.
The site plan shall be clearly and legibly drawn or reproduced at
a scale of not less than fifty (50) feet to the inch, on sheets of
equal size, and a maximum size of thirty by forty-two (30 x 42) inches.
It shall be drawn and sealed by a land surveyor and professional engineer
licensed by the State of New Jersey. The site plan shall be designed
in compliance with the provisions of this Article and shall contain
the following information.
B.
Title Block. The title block shall appear on all sheets and shall
include:
(1)
Title of "site plan."
(2)
Name, if any.
(3)
Tax Map sheet, block and lot number(s) of the tract as shown on the
latest Township Tax Map.
(4)
Acreage of tract, to the nearest tenth of an acre.
(5)
Date of original and of all revisions.
(6)
Names and addresses of owner and developer, so designated.
(7)
A schedule shall be placed on the map indicating the acreage of the
tract, the zone and the minimum required lot areas, setbacks, yards
and dimensions.
(8)
Name(s), signature(s), address(es) and license number(s) of the engineer
and land surveyor who prepared the map. The plat shall bear the embossed
seal of said engineer and land surveyor.
C.
Detailed Information.
(1)
A key map, at a scale of one (1) inch equals one thousand (1,000)
feet, showing the location of the tract with reference to surrounding
areas, existing streets which intersect or border the tract, the names
of all such streets and any Township boundary which is within five
hundred (500) feet of the site.
(2)
Names of all owners of and property lines of parcels within two hundred
(200) feet of the site, including properties across the street, as
shown by the most recent records of the Township.
(3)
The plat shall be based on a current, certified boundary survey.
Date of the survey and the name of the person making same shall be
shown on the map.
(4)
Existing one (1) foot interval contours based on United States Coast
and Geodetic Survey datum (MSL-O) shall be shown extending a minimum
of one hundred (100) feet beyond the boundary of the tract in question
and shall be certified by a New Jersey licensed surveyor or professional
engineer as to accuracy, except that where the slopes exceed five
percent (5%), a two (2) foot interval may be used. The source of elevation
datum base shall be noted.
(5)
All existing streets, watercourses, floodplains, floodways and flood
areas within the proposed site and within two hundred (200) feet of
the boundaries thereof, both the width of the paving and the width
of the right-of-way of each street, existing public easements and
Township borders within two hundred (200) feet of the site.
(6)
All existing structures and an indication of those which are to be
destroyed or removed and the front, rear and side yard dimensions
of those to remain. Structures to be removed shall be indicated by
dashed lines; structures to remain shall be indicated by solid lines.
(7)
The boundaries, nature and extent of wooded areas and other important
physical features, including swamps, bogs and ponds, within the proposed
site and within two hundred (200) feet thereof.
(8)
All proposed public easements or rights-of-way and the purposes thereof
and proposed streets within the proposed site. The proposed streets
shall show the right-of-way and proposed pavement width.
(9)
The existing system of drainage of the site and of any larger tract
of which it is a part, together with information on how it is proposed
to dispose of surface drainage.
(10)
The acreage of the drainage area or areas of each natural or
man-made watercourse traversing the site, including the area within
the site and the area upstream from the site.
(11)
North arrow; written and graphic scales.
(12)
A copy of any existing or proposed covenants or deed restrictions
applying to the site or certification that none exists.
(13)
Utility layouts showing methods of connection and sources of
service.
(14)
The proposed location and area, in acres or square feet, of
all required or proposed open space areas.
(15)
Such other information or data as may be required by the Board
in order to determine that the details of the site plan are in accordance
with the standards of the ordinances of the Township and all other
general laws.
(16)
On-site grading and drainage plan.
(a)
The plat shall show or be accompanied by a grading and drainage
plan which shall show locations of all existing and proposed drainage
swales and channels, retention-recharge basins, the scheme of surface
drainage and other items pertinent to drainage, including the approximate
proposed grading contours at one (1) foot intervals, except that if
slopes exceed five percent (5%), a two (2) foot interval may be used.
(b)
The plan shall outline the approximate area contributing to
each inlet.
(c)
All proposed drainage shall be shown with pipe type and sizes,
invert elevations, grades and direction of flow. The direction of
flow of all surface waters and of all watercourses shall be shown.
(d)
The grading and drainage plan shall be accompanied by drainage
calculations made in accordance with standards set forth herein.
(17)
Off-site drainage plan. The plat shall also be accompanied by
an off-site drainage plan prepared in accordance with the following
standards:
(a)
The plan shall consist of an outline of the entire drainage
basin in which the property is located. The terminus of the basin
and existing ground contours or other basins for determining basin
limits shall be shown.
(b)
Pertinent off-site existing drainage, which receives or discharges
runoff from or onto the site, shall be shown with elevations of inverts,
pipe types and sizes or other appropriate physical data for open or
nonpipe conduits.
(18)
Profiles showing all proposed drainage, all existing and proposed
finished roadway grades; channel section details, pipe sizes, type,
inverts; road crowns and slopes; all other proposed drainage structures
and connections.
(19)
Sectionalization and staging plan. The plat shall be accompanied
by a sectionalization and staging plan, if applicable, showing the
following:
(a)
If the site is proposed to be constructed in sections, the plan
shall show each such section. The staging of the various sections
shall be such that if development were to be discontinued after the
completion of any section the developed portion would be provided
with adequate street drainage and utility systems. The size and staging
of each section shall be established to promote orderly development
and shall be subject to the approval of the Board.
(b)
During construction of the development, the developer shall
fully comply with the sectionalization and staging plan in accordance
with the preliminary approval. If for any reason the developer does
not fully comply with the approved sectionalization and staging plan,
no building permits shall be issued until such time as the developer
makes application to and receives approval from the Board for a revised
staging and sectionalization plan. The Board may modify the plan and
pose time restrictions or require the developer to construct the development
in accordance with the approved staging and sectionalization plan.
The developer shall be required, at the time of filing the revised
plan with the Board, to pay a nonrefundable application fee in the
amount of three hundred ($300.00) dollars.
(20)
The map must include certification for the signatures of the
Chairman, Secretary and the Board Engineer.
(21)
Required documentation:
(a)
Sewerage Authority approval.
(b)
Ocean County Planning Board approval, where required.
(c)
Final site and/or municipal wetlands approval, where required.
(d)
Soil disturbance permit.
(e)
Final site floodplain approval, where required.
(f)
Proof of payment of real estate taxes.
(g)
Evidence of a comprehensive general liability insurance policy
in an amount not less than three hundred thousand ($300,000.00) dollars
per occurrence, identifying and saving harmless the Township of Barnegat
and its agencies, employees and agents from any liability for any
acts of the developer or his agents, contractors or employees in the
implementing of the approved plan. The developer, at his option, may
provide a statement that such evidence will be provided simultaneously
with the provision of bonds and fees, but in no event will any signatures
be affixed to the final plat until such evidence is provided. The
insurance policy shall provide for ten (10) days' notice to the Township
prior to cancellation.
(h)
An affidavit setting forth the names and addresses of all the
record title owners of the lands proposed to be subdivided by said
map and the consent in writing of all such owners to the approval
of such map shall accompany the final plat or be shown thereon.
(i)
Where applicable, a copy of the permit issued or, if the permit
has not been issued, the application filed with the New Jersey Department
of Environmental Protection under the Coastal Area Facility Review
Act and copies of the environmental impact statement and any attachments
thereto filed in accordance with the provisions of the Act, or, in
the alternate, a statement issued by the Department of Environmental
Protection that the proposed development is exempt from the Act.
(j)
Such other submittals as may be required by State or local law.
Unless other specific provisions are made in this chapter or by statute,
all approvals required of Federal, State, county and local agencies
or officials shall be obtained and evidence thereof filed with the
Board prior to approval of a final site plan. This shall include,
but is not limited to:
(k)
A written description of the proposed operations in sufficient
detail to indicate the effects of those operations in producing traffic
congestion, noise, glare, air pollution, fire hazards or safety hazards;
in addition, a description of the proposed number of shifts, if shift-work
operation is contemplated, together with a projection of the maximum
number of employees per shift or, where shift work is not contemplated,
then a projection of the proposed hours of operation for commercial
use.
(22)
Proposed spot or finished elevations at all property corners,
curb, corners of all proposed structures, first-floor elevation of
all proposed structures and those to remain, and drainage arrows designating
direction of overland drainage flow; and the proposed use or uses
of land and all structures.
(23)
Complete construction details for all structures, including
but not limited to manholes, inlets, headwalls, yard drains, culverts,
bridges and pumping stations.
(24)
Detailed utility layouts and cross sections (sewers, water,
gas, electric, telephone, etc.) showing feasible connections to any
existing or proposed utility systems; provided, however, that detailed
layouts of gas, electric and telephone lines are not required. Layouts
shall include proposed location of fire hydrants. If private utilities
are proposed, they shall comply with all local, county and State regulations.
(25)
The limits of all areas of proposed cuts and fills, exclusive
of excavations for basements, shall be clearly designated.
(26)
The method of sewage and solid waste disposal shall be described,
with percolation tests and soil borings to a depth of four (4) feet
below the septic facility where septic tanks and leaching fields are
proposed.
(27)
The distances measured along the right-of-way line of existing
streets abutting the property, to the nearest intersections with other
public streets.
(28)
The vehicular circulation pattern on site and the means of ingress
and egress of the development, showing, in particular, the size and
location of driveways and curb cuts, walkways, the proposed traffic
channels, acceleration and deceleration lanes, if any, and any other
means of controlling vehicular and pedestrian traffic.
(29)
The location and design of any on-site parking areas or loading
areas, showing size and location of spaces, bays, aisles and barriers.
(30)
The location, direction and illumination, height, intensity
and hours of operation of the existing or proposed outdoor lighting,
to be expressed in average horizontal footcandles.
(31)
The location, size, type and height of directional, regulatory
or advisory signs or pavement markings.
(32)
The location and use of existing structures within one hundred
(100) feet of the tract boundaries.
(33)
The location, size and type of existing natural features, including
trees and shrubs. The location, size and type of proposed landscaping
improvements, including seeded or sodded areas, planting areas of
trees and shrubs and natural features to be preserved.
(34)
The location of driveways within one hundred (100) feet of the
site boundaries.
(35)
The location and type of garbage and refuse disposal facilities.
(36)
Soil erosion and sedimentation control plans shall be submitted
pursuant to P.L. 1975, c. 251, the Soil Erosion and Sedimentation
Control Act.
(37)
Preliminary architectural plans and elevations shall accompany
the site plan submission.
(38)
Locations and type of the nearest and/or proposed fire hydrants
and sprinkler connections.
(39)
Sight triangles shall be provided and shown on the plat as required
by this chapter.
D.
The Board may waive any of the requirements of this Article or details
specified to be shown on the site plan in any given application if
the Board determines that strict adherence to said requirements or
details would be superfluous or unduly burdensome to the applicant
and not in the best interest of the Township. The Board, in its discretion,
may permit an applicant to use alternative types of improvements where
good cause is shown and where the proposed type of improvement would
at least be the equivalent of the improvement standards in this chapter.
E.
Environmental Review.
[Added 9-21-87 by Ord. No. 1987-14; Ord. No. 1987-29; Amended
9-21-87 by Res. No. 1987-334]
(1)
Composite Environmental Constraints map at same scale as the preliminary
plat or site plan. The applicant shall, utilizing map sources, present
a plan indicating:
(2)
An Environmental Impact Statement containing data reflecting:
(a)
A statement describing and explaining the impact and effect
of proposed subdivision or site plan upon the ecological systems and
environment of Barnegat Township's land and waters giving consideration
to the applicable natural processes and social values of:
[1]
Geology;
[2]
Aquifers;
[3]
Hydrology;
[4]
Depth of seasonal high water table;
[5]
Storm water runoff;
[6]
Soils;
[7]
Potential soil loss;
[8]
Soil nutrient retention;
[9]
Vegetation;
[10]
Wetland and coastal vegetation;
[11]
Recreation value of vegetation;
[12]
Historic value;
[13]
Scenic features;
[14]
Wildlife - high value areas;
[15]
Wildlife - rare and beneficial species;
[16]
Water quality;
[17]
Air quality.
(b)
Specific plans proposed by the subdivider or developer to alter,
preserve, or enhance and mitigate or minimize adverse impacts on the
natural resources and natural features of the land within the proposed
subdivision or site.
(3)
Test boring, percolation rates, water levels and ground water samples
shall be submitted by a licensed engineer in accordance with the following
standards:
(a)
To a 2-acre site: 1 test hole
(b)
2-acre site: 3 test holes
(c)
3-acre site: 6 test holes
(d)
5-10 acre site: 8 test holes
(e)
11-40 acre site: 10 test holes
(f)
41-100 acre site: 16 test holes
(g)
Over 100 acre site: 20 test holes
These borings shall be distributed over the tract to adequately
represent site conditions and shall be to a minimum depth of ten (10)
feet.
A.
As a condition of major site plan approval, the municipal approval may require that the developer install certain improvements on site or on tract, consistent with § 55-111 of this Article, to ensure:
(1)
Adequate vehicular and pedestrian circulation to accommodate prospective
traffic into and out of and within the site.
(2)
Adequate off-street parking and loading areas.
(3)
Adequate water supply, drainage, shade trees, sewerage facilities
and other utilities necessary for essential services to residents
and occupants.
(4)
Adequate landscaping and any screening necessary to protect adjoining
uses.
[Amended 10-7-85 by Ord. No. 1985-26]
The furnishing, amount, time period and method of release of
any performance guaranty shall follow the procedures as set forth
in § 55-83 of this chapter, except that the Township Committee
may waive the requirement for holding a public hearing on the release
of the performance guaranty if it so desires.
A.
The developer shall have the option of submitting an Irrevocable
Letter of Credit drawn upon a banking institution licensed to do business
within the State of New Jersey and acceptable to the Township. Said
Irrevocable Letter of Credit shall be in favor of the Township and
shall contain a clause indicating that the issuing institution shall
notify the Township of Barnegat by serving the Township Clerk and
the Township Engineer by certified mail, return receipt requested,
a minimum of thirty (30) days prior to the expiration of said Irrevocable
Letter of Credit
[Amended 12-16-96 by Ord. No. 1996-60 § 30]
The preparation of all major site plans shall adhere to all applicable design standards outlined in §§ 55-126 through 55-126.17 and the following design criteria and principles:
A.
Traffic Circulation. The site plan shall provide a safe and efficient
circulation system for the movement of vehicles and pedestrians off-site
and on-tract.
B.
Access Driveways.
(1)
All entrance and exit driveways shall be located so as to afford
maximum safety and minimum disruption of traffic on the street.
(2)
The dimensions of entrance and exit driveways and internal roads
shall be adequate to accommodate the volume and character of vehicles
anticipated to be using the site. The required dimensions for driveways
and interior roads shall be as follows:
(3)
Driveways serving a development having fifty (50) or fewer parking
spaces may use a one-and-one half (1 1/2) inch-high depressed
curb and concrete apron driveway and concrete walk. Those having more
than fifty (50) parking spaces, however, shall use curb returns of
not less than fifteen (15) foot radii.
(4)
Any vertical curve on a driveway shall be flat enough to prevent
the dragging of any vehicle undercarriage.
(5)
Driveway grades shall adhere to the following: three-fourths percent
(3/4%) minimum to ten percent (10%) maximum. A maximum slope of two
percent (2%) for the first twenty (20) feet from the street line shall
be maintained.
(6)
Curb cuts to a public street shall not be closer than one hundred
(100) feet to the street line of an intersecting street.
(7)
The number of permitted driveways provided from a site shall be related
to the type of street and traffic volume thereon and the number and
location of other access points therefrom.
(8)
Driveway pavement serving light-duty traffic shall be constructed
of two (2) inches FABC surface course.
(9)
Driveways for residential and commercial site plans are to be curbed
on both sides.
[Amended 7-5-2022 by Ord. No. 2022-17]
(10)
(11)
Driveway pavement serving heavy duty traffic or providing access
to active short-term parking facility shall be constructed of three
(3) inches bituminous stabilized base coarse and one and a half (1 ½)
inches of FABC surface coarse.
[Amended 7-5-2022 by Ord. No. 2022-17]
(12)
All pavement areas shall be constructed with a six (6) inch-thick,
Type 2, Class A or B gravel subbase in addition to bituminous stabilized
base course and FABC surface course as specified.
(13)
In parking lots having a capacity of more than one hundred (100)
cars, a main access drive shall be provided from points of ingress
and egress. No parking shall be permitted on the main access drive,
nor shall it serve as an access aisle to adjacent parking spaces.
(14)
All access drives shall provide a minimum turning radius of
thirty (30) feet.
C.
Off-street Parking and Loading Areas.
(1)
The number and size of all parking and loading spaces shall meet
the requirements of the zoning regulations.
(2)
Any off-street loading spaces shall have a minimum width of ten (10)
feet, a minimum length of forty-five (45) feet and a minimum height
clearance of fifteen (15) feet.
(3)
Ingress and egress to a parking or loading area shall be paved and
shall include turning areas to assure ease of mobility, ample clearance,
safety of vehicles and pedestrians.
(4)
Parking areas serving light-duty traffic shall be constructed of
two (2) inches of FABC surface course.
(5)
Parking areas serving heavy-duty traffic including active short-term
parking facilities shall be constructed of two (2) inches bituminous
stabilized base course and one and one-half (1 1/2) inches of
FABC surface course.
(6)
All pavement areas shall be constructed with a six (6) inch-thick
Type 2, Class A or B gravel subbase in addition to bituminous stabilized
base course and FABC surface course as specified.
(7)
A parking area shall be illuminated if used after sunset, and such
illumination shall provide a minimum of five-tenths (0.5) lumen per
square foot throughout the area and shall be shielded from adjoining
streets or properties.
(8)
Off-street parking and loading areas shall be designed to prevent
the maneuvering of vehicles into or out of parking or loading spaces
within any portion of any street.
(9)
Parking dimensions shall meet the following standards. Each dead-storage
bay of an off-street parking space may be perpendicular to the aisle,
parallel to the aisle or at any angle between sixty (60°) degrees
and ninety (90°) degrees. No angle-parking layout shall be permitted
with an angle less than sixty (60°) degrees. The following are
minimum stall and aisle dimensions
|
Parking Angle
|
Aisles
(feet)
|
Bay Widths, Parking Both Sides
(feet)
|
Bay Widths, Parking One Side
(feet)
|
Stall Dimensions
(feet)
|
|---|---|---|---|---|
|
90°
|
24
|
64
|
44
|
9 x 20
|
|
60°
|
18
|
58
|
38
|
9 x 20
|
|
Parallel:
| ||||
|
One-way operation
|
12
|
31
|
21
|
9 x 23
|
|
Two-way operation
|
24
|
42
|
33
|
9 x 23
|
(10)
Parking or loading space stripes shall be four (4) inches wide,
using white reflective paint. Hatch lines shall be on an angle of
forty-five (45°) degrees and shall consist of stripes four (4)
inches wide, using yellow reflective paint two (2) feet on center.
(11)
All parking or loading areas are to be curbed.
(12)
No paved area shall be closer to any property line than six
(6) feet unless otherwise prohibited in this chapter.
(13)
Maximum grade permitted in parking areas shall be six percent
(6%). Minimum grade permitted in parking areas shall be three-fourths
percent (3/4%).
(14)
Location of parking. Where parking is permitted between the
front building line and the street line, a safety island or raised
median separating the public street from the parking area shall be
provided in accordance with the following minimum requirements:
(a)
The width of the safety island shall be that width between the
proposed street curbline and a point five (5) feet inside the property
line. When this width is less than fifteen (15) feet, the parking
area shall be reduced to provide a minimum width for the safety island
of fifteen (15) feet. All required tree and shrub plantings shall
be planted on the on-site portion of the safety island.
(b)
Safety islands shall be raised a minimum of six (6) inches above
the adjacent parking area.
(c)
Safety islands shall be topsoiled and seeded or otherwise landscaped,
except that they may, in the alternative, be constructed of maintenance-free
materials which provide a clear and unmistakable distinction between
the parking area and the safety island.
(d)
No commercial signs, light standards or other aboveground obstructions
other than plantings shall be permitted in the safety islands.
(15)
Small parking areas. Parking lots having ten (10) or fewer spaces
shall comply with all applicable requirements of this chapter and
shall also be bordered by a five (5) foot unbroken, landscaped dividing
strip along all side property lines from the street line to the rear
lot line, unless the Board for good cause shall waive such requirements.
(16)
Intermediate-size parking areas. Parking areas having more than
ten (10) spaces but less than fifty-one (51) spaces shall be designed
to fulfill the following minimum requirements:
(a)
A safety island or raised median shall be provided as herein
described.
(b)
A five (5) foot unbroken, landscaped dividing strip shall be
provided along all side property lines from the street line to the
rear lot line, unless otherwise specified herein.
(c)
Not more than one (1) two-way access driveway or two (2) one-way
access driveways shall be provided on any one (1) street unless approval
otherwise is obtained from the body, agency or official having jurisdiction
over the plan.
(17)
Large parking areas. Parking lots which have a capacity for
parking more than fifty (50) vehicles shall incorporate the following
minimum design standards:
(a)
No parking stalls which shall require the use of the entrance
and exit driveways as access aisles shall be permitted.
(b)
All access driveways located along one-way streets or divided
highways shall be separate one-way driveways. Said driveways shall
be located so that vehicles enter the parking area at the beginning
of the property and exit at the far end of the property unless other
considerations, such as median opening, dictate otherwise.
(c)
All directional (one-way) driveways shall be marked by appropriate
signs facing all peripheral service roads serving the property as
well as the parking areas.
(d)
No driveway shall be located within less than thirty (30) feet
of an existing drive.
(e)
A ten (10) foot unbroken landscaped dividing strip shall be
provided along all side property lines from the street line to the
rear lot line unless otherwise specified herein.
D.
Drainage.
(1)
Provision shall be made for safe and adequate drainage of the surface
runoff waters in and from the premises so that flooding and erosion
of the property and the property of others will be prevented.
E.
Sewage Disposal and Water Supply. The site plan shall provide for
adequate sewage disposal and water supply to meet the requirements
of all local, State and Federal regulations and as set forth in this
chapter.
F.
Sidewalks. Sidewalks may be required for access from the main entrance
or entrances of the building to the street, driveway or parking areas
and shall be constructed in accordance with § 55-86.126.
G.
Landscaping.
(1)
The site plan shall include a landscape plan indicating the landscaping to be installed and showing the size and species of trees and shrubs to be planted. It shall also indicate what protection or devices will be used to preserve existing trees during construction and the method of accomplishing grade changes at existing trees. Landscaping plans shall incorporate the elements set forth in § 55-295D.
(2)
Portions of all front, rear and side yards which are not used for
required driveways, sidewalks, parking or loading, accessory buildings
or recreational areas shall be planted with trees, shrubs, plants
and lawns or ground cover in order to ensure the attractiveness of
the premises and the protection of the soil thereon. Existing trees
of four (4) inch caliper or over and any other significant natural
features shall, if located in the landscaped area, to be preserved.
(3)
Where nonresidential uses or areas abut a residential building, there
shall be provided, on the nonresidential lot or area adjacent to the
lot lines of the residential building, a planting strip not less than
six (6) feet wide, consisting of suitable shrubbery, hedges or fencing
or a combination thereof, to shield effectively the year around undesirable
visual exposure and so as to provide a protective screen from incompatible
uses and surroundings. In the case, however, where the zoning regulations
provide for a wider planted buffer area, said regulation shall control.
H.
Garbage, Refuse and Outside Storage.
(1)
Provisions shall be made for the indoor or enclosed storage of garbage
and refuse.
(2)
Outside storage, when permitted, shall only be permitted in areas
approved by the municipal agency. Such areas shall, as nearly as may
be practicable, be shielded from public view and protected by adequate
fencing and/or screening.
(3)
Screening of refuse area. Those areas adjacent to or within the parking
area designated as refuse storage and pickup areas shall be properly
screened to prevent the unsightly display and the scattering of debris.
The following minimum requirements shall apply:
(a)
The area shall be surrounded on at least three (3) sides by
a solid uniform fence or wall not less than five (5) feet nor more
than eight (8) feet in height and maintained in good condition. The
wall of an adjacent building may serve as one (1) side. Said fence
shall be exempt from the provisions of any ordinance of this municipality
regulating the height of fences and requiring permits therefor.
(b)
The opening in said screening wall or fence shall be so located
as to prevent the visual display of refuse from any adjacent parking
area or street.
I.
Retaining Walls. Retaining walls shall be designed in accordance
with New Jersey State Building Codes and shall be constructed to meet
the requirements of the Township Engineer.
J.
Curbs. All curbing shall be solid line concrete or Belgian block and shall be designed and constructed in accordance with § 55-126.4 of this chapter.
K.
Electric, Telephone, Gas and Cable Television Utilities. All new
gas, electric, telephone or cable television lines shall be placed
underground.
The municipal agency, when acting upon applications for preliminary
or final 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, if the literal enforcement of one (1) or
more provisions of this Article is impracticable or will exact undue
hardship because of peculiar conditions pertaining to the land in
question. If such exception is granted, it shall be done by a resolution
of the municipal agency which sets forth the reasons for the exception
in the particular case and demonstrates that the exception will not
have an adverse effect on surrounding properties, the neighborhood
or the Township in general.
Nothing set forth in this Article shall prevent any developer
from submitting preliminary and final major site plan applications
simultaneously, provided that all requirements for the submission
of each application separately have been met. The municipal agency
shall then determine if they wish to process the applications simultaneously.
[Amended 2-16-88 by Ord. No. 1988-5; 10-17-88 by Ord. No. 1988-37; 3-20-95 by Ord. No. 1995-15 § 7;
8-5-96 by Ord. No. 1996-27 § 7; Ord. No. 1996-28 § 8]
Notwithstanding any provisions herein to the contrary, minor site plan approval may be sought for development as required pursuant to § 55-141 of this chapter, or as otherwise herein required under the following procedures and conditions:
A.
At least five (5) weeks prior to the meeting of the municipal agency, the developer shall file with the secretary of the municipal agency the requisite number of complete applications, accompanied by the fees prescribed in Article III hereof.
B.
The survey or plat submitted shall be current and certified by a
land surveyor licensed in the State of New Jersey. The minor site
plan or plat shall be prepared by an engineer, planner, architect,
or surveyor in accordance with the provisions of the Municipal Land
Use Law (N.J.S.A. 50:55D-1, et seq.). It shall include the boundaries
of the property, shall delineate all buildings, the square footage
and dimensions thereof, shall show all fences, curbs, sidewalks, sewer
facilities and other physical features, both existing and proposed.
The proposed parking and loading areas shall also be indicated. The
map must include certification for the signature of the Chairperson,
Board Engineer and Board Secretary.
C.
Minor site plan applications shall be granted or denied within forty-five
(45) days of completeness determination, or within such additional
time as may be consented by the developer.
D.
Applications for minor site plan approval shall require a public
hearing, notice and publication as provided herein.
E.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor site plan approval was
granted, shall not be changed for a period of two (2) years after
the date of minor site plan approval.
F.
The site development plan meets the following criteria:
(1)
No off-site improvements are proposed or required.
(2)
Alterations or additions to the structure will not increase the enclosed
and roofed floor area by more than fifteen hundred (1,500) square
feet.
(3)
The development plan does not involve the installation of any road
improvements or require new or expanded ingress or egress from a county
or State roadway.
(4)
The development plan does not change the construction of Township
drainage facilities, does not involve the expansion of public facilities,
and does not adversely affect the development of any adjoining properties.
(5)
The development plan does not require soil disturbance of five thousand
(5,000) square feet or more.
[Amended 10-5-98 by Ord. No. 98-20]
Any minor or major site plan application involving two (2) or
more separate tax map parcels shall, as a condition of any municipal
agency approval, be required to file a deed of consolidation with
the Clerk of the County of Ocean, merging the properties into a new,
single parcel encompassing the entire tract of land that is the subject
the application. The applicant or developer shall apply to the Tax
Assessor of the Township of Barnegat for a new lot number and any
proposed property location (street address) prior to the recording
the deed. A copy of the recorded deed shall be submitted to the Tax
Assessor, Board Attorney, Engineer, and Secretary. A note shall also
be added to the site plan prior to submission for Resolution compliance
and signatures, giving the nature of the deed, the recorded deed book
and page number, the date recorded, and the previous tax map block
and lot numbers.
