[1]
Editor's Note: See Appendix A for Review Checklist for Zoning Board of Adjustment applications, included as an attachment to this chapter.
[Ord. No. 581 § 9-1]
This Article 9 of the Development Regulations Chapter of the
Borough of Bernardsville may be cited and referred to as the "Site
Plan Regulations."
[Ord. No. 581 § 9-2]
This Article is adopted pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) in order to establish rules, regulations, standards and procedures for approval of all development in the Borough, other than development specifically exempted in § 9-4, in order to:
|
§ LD-9-2.1
|
Preserve existing natural resources and give proper consideration
to the physical constraints of the land.
|
|
§ LD-9-2.2
|
Provide for safe and efficient vehicular and pedestrian circulation.
|
|
§ LD-9-2.3
|
Provide for screening, landscaping, signing and lighting.
|
|
§ LD-9-2.4
|
Ensure efficient, safe and aesthetic land development.
|
|
§ LD-9-2.5
|
Provide for compliance with appropriate design standards to
ensure adequate light and air, proper building arrangements, and minimum
adverse effect on surrounding property.
|
|
§ LD-9-2.6
|
Develop proper safeguards to minimize the impact on the environment
including but not limited to soil erosion and sedimentation and air
and water pollution.
|
|
§ LD-9-2.7
|
Ensure the provision of adequate water supply, drainage and
storm-water management, sanitary facilities, and other utilities and
services.
|
|
§ LD-9-2.8
|
Provide for recreation, open space and public use areas.
|
[Ord. No. 581 § 9-3.1]
The provisions of this chapter shall be administered by the
Planning Board of the Borough except as set forth in Subsection 9-3.2.
[Ord. No. 581 § 9-3.2]
The provisions of this chapter shall be administered by the
Zoning Board of Adjustment in applications before the Zoning Board
of Adjustment involving variances provided for in N.J.S.A. 40:55D-70d
on which site plan review would be required. For such applications
any reference in this chapter to the Planning Board shall be considered
to refer to the Zoning Board of Adjustment where applicable.
[Ord. No. 581 § 9-4]
Prior to the subdivision or re-subdivision of land and prior
to the issuance of a building permit, zoning permit or certificate
of occupancy for any development, an application shall be submitted
to and approved by the Planning Board in accordance with the requirements
of this Article; except that subdivision or individual lot applications
for detached one or two-family dwelling unit buildings shall be exempt
from site plan review and approval.
[Ord. No. 581 § 9-4.1]
Site Plan Approval shall not be required for any of the following:
a.
Any structure or use for which a Site Plan Review application was
made to the Planning Board prior to the effective date of this chapter
under municipal ordinances and regulations then in effect and superseded
by this chapter, and that is developed in accordance with an approval
of such application heretofore given by the Planning Board pursuant
to said prior ordinances and regulations.
b.
A proposed development rehabilitative in nature and involving no
change in use, or involving a change in use permitted in the zone
district, wherein the Zoning Official determines that the reconstruction,
conversion, or structural alteration of any building or other structure,
or a change in landscaping, buffering, lighting, or parking area treatments
shall not result in an enlargement of lot coverage or external changes
to a structure, or in a nonconforming structure, or in any appreciable
increase in parking requirements, or in significant change in land-site
or improvements.
[Ord. No. 581 § 9-4.2]
Waiver of Site Plan Review Requirements.
a.
The rules, regulations and standards set forth in this chapter shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Borough. However,
if the applicant can clearly demonstrate that, because of peculiar,
conditions pertaining to his land, the literal enforcement of this
chapter is impracticable or will exact undue hardship, the Planning
Board may make exemption(s) and waiver(s) as may be reasonable, within
the general purpose and intent of the rules, regulations and standards
established by this chapter.
[Ord. No. 581 § 9-4.3]
In order for an application for site plan approval to be considered
at the regular meeting of the Planning Board, 10 copies shall be filed
with the Administrative Officer of the Board at least two weeks prior
to such meeting.
[Ord. No. 581 § 9-4.4]
The application shall be made on forms available from the Administrative
Officer of the Board, shall be accompanied by the required filing
fee and 10 blue or black on white prints of the site plan and 10 copies
of any other required documents and improvement plans.
[Ord. No. 581 § 9-4.5]
The application shall be accompanied by a filing fee as established
by Article 15 to cover the technical, investigative and administrative
expenses involved in processing the application.
[Ord. No. 581 § 9-4.6]
An application shall be certified as complete immediately upon
complying with the definition in Subsection 1-3.2 of this chapter,
and shall be deemed complete as of the day it is so submitted by the
Administrative Officer for purposes of the commencement of the time
period of action by any Municipal Agency of the Borough. If the application
for development is found to be incomplete, the developer shall be
notified in writing of the deficiencies therein by the Board or the
Board's designee for the determination of completeness within 45 days
of the submission of such application or it shall be deemed to be
properly submitted.
[Ord. No. 581 § 9-4.7; Ord. No. 94-990 § 4]
In this Article, site plan applications are considered as follows: general review procedures in § 9-5, general requirements in §§ 9-6, 9-7, and 9-8 for Concept Plans for Site Plans, Minor Site Plans, and Major Site Plans respectively, as defined in § 1-3. Detailed requirements are contained in § 9-9. Applications for outdoor dining conditional use described in Subsection k of Subsection 12-25.2 shall be classified as Minor Site Plans.
[Ord. No. 581 § 9-5; Ord. No. 2005-1395 § 3]
Upon receipt of an application, the Administrative Officer of
the Board shall forward same to either the Planning Board or Board
of Adjustment depending upon which has jurisdiction. If the Planning
Board has jurisdiction, the Administrative Officer of the Board shall
forward same to the Secretary of the Planning Board, who in turn shall
forward same to the Planning Board who in turn shall forward same
to the Subdivision and Site Plan Review Committee, and in addition,
shall send a copy to each of the following for report and recommendation:
Zoning Officer
Borough Engineer
County Planning Board
Board of Health
Shade Tree Commission
Environmental Commission
N.J. Department of Transportation, if the property is on a State
highway.
Fire Prevention Bureau
Such other municipal, county, State and Federal officials and
agencies as directed by the Subdivision and Site Plan Review Committee
or Planning Board.
Such other experts deemed appropriate by the Board.
[Ord. No. 581 § 9-5.1]
The Subdivision and Site Plan Review Committee shall review
applications along with reports required from any officials or agencies,
and shall submit its findings and recommendations to the Planning
Board.
The Committee shall certify submitted Minor Site Plans to be
appropriately submitted or return them for submission as Major Site
Plans.
It may act on a Minor Site Plan that it judges to be correctly
submitted, but only by unanimous vote. If the vote is not unanimous,
the Minor Site Plan shall be referred to the full Planning Board.
[Ord. No. 581 § 9-5.2]
The Planning Board shall grant or deny the application within
periods following certification of completeness, as prescribed below,
or within such further time period as may be consented to by the applicant.
|
Type of Application
|
Period of Time for Action by Planning Board
|
|---|---|
|
Concept Plan
|
45 days
|
|
Minor Site Plan
|
45 days
|
|
Preliminary Site Plan - 10 acres of land or less and 10 dwelling
units or less
|
45 days
|
|
Preliminary Site Plan - more than 10 acres of land or more than
10 dwelling units
|
95 days
|
|
Final Site Plan
|
45 days
|
The applicant shall be notified of the Planning Board's action
within one week of its action.
Failure of the Planning Board to act within the period prescribed
shall constitute approval. In such a case, a certificate of the Administrative
Officer as to the failure of the Planning Board to act shall be issued
on request of the applicant, and it shall be sufficient in lieu of
the written endorsement or other evidence of approval, herein required.
[Ord. No. 581 § 9-5.3]
Whenever review or approval of an application by the County
Planning Board is required pursuant to the Site Plan Review and Approval
Resolution of the County of Somerset, New Jersey, the Planning Board
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
[Ord. No. 581 § 9-5.4]
If the scheduled time of a Planning Board meeting allows insufficient
time for the Board to reach a determination regarding action on an
application within the time prescribed in this section, the applicant
shall be requested to consent to an extension of time.
[Ord. No. 581 § 9-5.5]
Prior to returning an approved site plan to the applicant, the
applicant shall submit sufficient copies to the Secretary of the Planning
Board in order to furnish a copy to each of the following:
Borough Clerk
Borough Engineer
Building Inspector
Tax Assessor
Planning Board File
Tax Collector
[Ord. No. 581 § 9-6.1]
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 a site plan. This step is
optional and is recommended by the Planning Board. The Concept Plan
of a Site Plan is designed to enable the Planning Board and the applicant
to discuss and evaluate principles and potential problems involved
before the applicant has gone to the expense of completing detailed
engineering drawings as required for further processing of the development
application.
a.
The Planning Board shall be authorized to establish criteria for
the subsequent submission of an application for development and notwithstanding
any other provisions of this chapter, waive, for good cause, to the
extent felt appropriate on the basis of the Concept Plan of a Site
Plan any site plan details required under Subsection 9-9.2 of this
chapter for the processing of the applications for approval of the
subsequent site plan application for development. The Planning Board
shall act on a Concept Plan of a Site Plan within 45 days of its submission,
classify it, and if satisfactory, grant non-binding approval, with
or without appropriate conditions for subsequent submission of the
site plan application for development. The developer shall not be
bound by any concept plan for which review is requested for a site
plan, and the Planning Board shall not be bound by such review. Approval
is intended to enable the applicant to proceed with the submission
of the subsequent site plan application for development on a reasonable,
expeditious and sound basis and shall not be construed as authorization
for any construction.
[Added 6-27-2022 by Ord.
No. 2022-1919]
If final approval of a major site plan is granted, copies of
that plan shall be signed by the Chairman and Secretary of the board
granting the approval and the Secretary shall file the approved plans
with the following:
[Ord. No. 581 § 9-7.1]
The detailed requirements for a Minor Site Plan are covered
in Subsection 9-9.2.
If classified and approved as a minor site plan by unanimous
action of the Subdivision and Site Plan Review Committee, a notation
to that effect will be made on the minor site plan. The Chairman of
the Subdivision and Site Plan Review Committee shall then forward
one copy of the signed minor site plan to the Planning Board for their
files. The approval shall be noted in the minutes of the next regularly
scheduled meeting of the Planning Board following receipt of the Subdivision
and Site Plan Review Committee report. The Chairman and Secretary
of the Planning Board shall sign the minor site plan if approved by
the Subdivision and Site Plan Review Committee and the approval shall
be deemed to be final approval of the site plan provided that the
Subdivision and Site Plan Review Committee or the Planning Board may
condition such approval on terms ensuring the provision of improvements
pursuant to N.J.S.A. 40:55D-1 et seq. The minor site plan, after approval,
shall be returned to the applicant within one week following the signing
of the site plan by the Chairman and Secretary.
The zoning requirements and general terms and conditions upon
which minor site plan approval was granted shall not be changed for
a period of two years after the date of minor site plan approval.
If the application for a minor site plan is classified as a
major site plan by the Subdivision and Site Plan Review Committee,
the applicant shall be so notified. No further Planning Board, action
on the application shall be required and the applicant shall follow
the procedures contained herein for processing of a preliminary and
final application of a major site plan.
Procedures for submission and approval.
[Ord. No. 581 § 9-8.1; Ord. No. 98-1149 § 1 Art. 9]
Any application for approval of a preliminary site plan shall be filed in accordance with § 9-4 of this Article and shall contain all information as required in Subsection 9-9.2. The application will be forwarded to the Planning Board or Board of Adjustment for processing as herein required.
a.
If the application is found to be in substantial compliance with
the provisions of this chapter, the Planning Board shall schedule
a hearing on the application pursuant to Article 4 of this chapter.
If the application is found to be not in compliance, the Board shall
so inform the applicant and shall require the filing of an amended
application which shall be processed as in the case of the original
application.
b.
If the Planning Board requires any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of the hearing, an amended application shall be submitted and shall
be processed as an original application. If the Planning Board is
satisfied that the application, together with any conditions as imposed
by the Board, meets all of the conditions of this chapter, it shall
grant preliminary approval.
c.
Preliminary approval shall, except as provided in Subsection 9-4 of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements; and any requirements
peculiar to site plan approval pursuant to Article 11 of this chapter,
except that nothing herein shall be construed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary site plan;
3.
That the applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that if the improvement or design standards have been revised
by ordinance, such revised standards may govern; and
4.
In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections c, 1, 2 and 3 above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions, and the comprehensiveness of the development. Thereafter the applicant may apply for and the Planning Board may grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the same factors provided that if the improvement or design standards have been revised such revised standards may govern.
[Ord. No. 581 § 9-8.2]
Application for approval of a final site plan shall be filed in accordance with § 9-4 and shall contain all the information prescribed in Subsection 9-9.3. The application shall be filed within the period prescribed in Subsection 9-4.3 and may be for the whole or a section or sections of the preliminary site plan. The application will be forwarded to the Planning Board or Board of Adjustment for processing as herein required.
a.
If the application is found to be in substantial compliance with
the provisions of this chapter, the Board shall schedule a hearing
on the applicant pursuant to Article 4 of this chapter. If the application
is found to be deficient in any respect, said Board shall so inform
the applicant and shall require the filing of an amended application
which shall be processed as an original application.
b.
After the Planning Board or Board of Adjustment, as the case may
be, is satisfied that the proposed application, together with any
additional conditions as imposed by said Board, meets all the conditions
of preliminary approval, it shall grant final approval.
c.
Whenever review or approval of the application by the Somerset County
Planning Board is required pursuant to N.J.S.A. 40:27-6.6, the Borough
Planning Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the County Planning
Board by its failure to report thereon within the required time period.
d.
If final approval is granted, copies of the site plan shall be signed
by the Chairman and Secretary of the Board granting said approval
and the Secretary shall file the approved plans with the following:
Borough Clerk
Borough Engineer
Building Inspector
Tax Assessor
Planning Board
Tax Collector
e.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to Subsection 9-8.1c, whether conditionally or otherwise, shall not
be changed for a period of two years after the date of final approval.
Notwithstanding any other provisions of this chapter, the granting
of final approval terminates the time period of preliminary approval
pursuant to Subsection 9-8.1c for the section granted final approval.
f.
Nothing contained in this chapter shall be construed to permit the
issuance of a building permit on any lot requiring site plan approval
until the final approval is granted by the Planning Board or Board
of Adjustment as the case may be and properly filed by the County
Recording Officer.
[Ord. No. 581 § 9-9.1; Ord. No. 93-970 § 13; Ord. No. 2002-1274 §§ 1,
2]
The concept plan of a site plan shall be based on tax map information
or some other similarly accurate information. The concept plan of
a site plan shall be drawn by a New Jersey licensed professional engineer,
land surveyor, architect or professional planner. Application for
the concept plan of a site plan shall consist of:
a.
Site illustration, indicating with sufficient accuracy all boundaries
of the site with natural features of the land and showing all developed,
undeveloped and to-be-developed portions. The illustration shall convey
the development scheme including all buildings, circulation, parking
and landscaping whether existing or proposed.
b.
Preliminary Building Plans, including conceptual floor plans of all
floor and conceptual building elevations of all proposed structures.
c.
Evaluation Statement, consisting of a general description of the
intended project and an assessment of its anticipated broad impact
of the neighborhood, the community and the environment including but
not necessarily limited to considerations of land use, visual qualities,
traffic, drainage, and natural resources.
d.
Certification from the Tax Collector that no taxes or assessments
for local improvements are due or delinquent on the subject property.
e.
Environmental Evaluation Map. The applicant must submit to the Administrative
Officer of the Planning Board four copies of an Environmental Evaluation
Map for informal discussion with the Planning Board.
The plat details for the Environmental Evaluation Map are covered
under Subsection f., General Data and Subsection g., Property Data
below.
f.
Environmental Evaluation Map - General Data.
1.
The name, address and New Jersey license number of the professional(s)
having prepared such map, if the map was not prepared by the applicant.
2.
The name and address of the owner or owners of record.
3.
The name and address of the applicant.
4.
The tract name, current tax map sheet, block and lot number, reference
meridian and graphic scale.
5.
All streets and private roads within 500 feet of the site.
6.
The map shall be drawn accurately to scale. The scale shall be not
more than 100 feet to the inch.
7.
The key map indicated thereon, shall be drawn to a scale of not more
than 500 feet to the inch and shall show the area in question, and
the relation of this area to the surrounding areas. The orientation
of the key map shall be the same as to that of the main map.
g.
Environmental Evaluation Map - Property Data.
1.
The location of existing property lines and acreage to the nearest
tenth of an acre.
2.
Streets, roads, water and sewer lines, trails, and bridle paths.
3.
Structures, including buildings, bridges, railroads, culverts and
drain pipes on the site and within 300 feet of the subject property.
4.
Existing topography with a maximum contour of two feet where slopes
are less than 30% and a maximum contour interval of five feet where
slopes are 30% or greater.
5.
Soil classification and slopes.
(a)
Soil classifications based upon the latest soil information
tables published by the Soil Conservation Service, U.S. Dept. of Agriculture.
(b)
Slope categories of 15% to 24.99%, 25% to 29.99% and 30% and
greater, based on ten-foot contour intervals, shall be shown on the
plans and each category shall be clearly shown by shading or similar
identification technique. The ten-foot contour intervals utilized
to establish these categories should be those which result in the
greatest slope, rather than simply using those contours which are
multiples of 10.
(c)
Areas of moderate and severe erosion potential.
(d)
Seasonal high water table.
(e)
Depths to bedrock.
(f)
Suitability for septic effluent disposal.
6.
(Reserved)
7.
(Reserved)
8.
Natural resources and features such as woodlands and wetlands; major
rock outcroppings; lakes, ponds, streams, drainage ditches, impoundment
areas, and watercourses, including specifically those designated in
Article 14 and Municipal Ordinance 558.
9.
A copy of any existing easement, deed restriction, or covenant and
the proposed use of sites other than residential.
10.
Minimum building setback lines on all lots and other sites.
11.
Location and description of all monuments.
[Ord. No. 581 § 9-9.2; Ord. No. 808 § 1; Ord. No. 93-970 § 14; Ord. No. 2002-1274 § 3; Ord. No. 2006-1423 § 2]
The minor site plan and the preliminary application of a major
site plan shall be drawn at a scale of not smaller than 50 feet to
the inch and not more than 10 feet to the inch. It shall include such
details as may be necessary to properly evaluate the minor site plan
or the preliminary application of a major site plan and determine
compliance with this chapter. In the case a scale other than one inch
equals 50 feet is submitted, one copy of a photomechanical reduction
to a scale of one inch equals 50 feet shall also be submitted. Any
minor site plan or preliminary application of a major site plan involving
any new building, or addition thereto, or any site improvements shall
be drawn by a licensed New Jersey professional engineer, land surveyor,
architect or professional planner. Where applicable to the proposed
use or construction, the following information shall be clearly shown.
Existing topography with a maximum contour of two feet where slopes
are less than 30% and a maximum contour interval of five feet where
slopes are 30% or greater shall be shown on the plans, and slope categories
of 15% to 24.99%, 25% to 29.99% and 30% or greater; based on ten-foot
contour intervals, shall be clearly shown by shading or similar identification
technique. The ten-foot contour intervals utilized to establish these
categories should be those which result in the greatest slope, rather
than simply using those contours which are multiples of 10.
a.
North arrow, scale, graphic, date and notes and dated revisions.
b.
The Zoning District in which the property is located and the Zone
District or districts of the immediate adjoining properties.
c.
The following legends shall be on the Site Plan Map:
1.
Site Plan of Lot_____Block_____Zone_____Date_____Scale_____Applicant__________
2.
I consent to the filing of this Site Plan with the Planning Board
of Bernardsville.
|
(Owner)
|
(Address)
|
(Phone No.)
|
(Date)
|
3.
I hereby certify that I have prepared this Site Plan and that all
dimensions and information are correct.
|
(Name)
|
(Address)
|
(Title & License No.)
|
4.
I have reviewed this Site Plan and certify that it meets all codes
and ordinances under my jurisdiction.
|
(Date)
|
(Borough Engineer)
|
5.
To be signed before issuance of a building permit:
I hereby certify that all the required improvements have been
installed or a bond posted in compliance with all applicable codes
and ordinances.
(If improvements installed)
|
(Date)
|
(Borough Engineer)
|
(If bond posted)
|
(Borough Clerk)
|
(Date)
|
|
Building Permit Issued
| |
|
(Date)
|
6.
Approved by the (Approving Agency)
Preliminary__________ Final__________
|
(Chairman)
|
(Date)
|
(Secty.)
|
(Date)
|
d.
All existing and proposed signs and their size, nature of construction
and location, and all existing and proposed exterior lighting, including
size, nature of construction, location, height, the area and direction
of illumination and the lumen power.
e.
Rights-of-way, easements and all lands to be dedicated to the Borough.
f.
The entire property in question, even though only a portion of said
property is involved in the site plan provided, however, where it
is physically impossible to show the entire property on the required
sheet, a key map is permitted.
g.
All abutting streets and property lines within 500 feet of the affected
property.
h.
Indication of sanitary disposal system.
i.
Area of the lot and all lot line dimensions.
j.
Survey map, and metes and bounds description signed, sealed and certified
by a Licensed Land Surveyor of New Jersey, showing boundaries of the
properties, lines and all existing streets and roads, easements, rights-of-way.
These shall be dimensioned and where applicable, referenced as to
direction and purpose. All distances shall be in feet and hundredths
of a foot. All angles shall be given to the nearest 10 seconds or
closer. The error of closure shall not exceed one in 10,000.
k.
Location of off-street parking areas showing proposed parking, sidewalks
and loading spaces, with dimensions, width or proposed access drives
and aisles and traffic circulation.
l.
Existing and proposed contours of the property and for 100 feet outside
the property at two-foot intervals when new buildings or parking areas
are proposed. If only a portion of the property is being developed,
contours need only be shown for the portion and 100 feet beyond.
m.
Elevations at the corners of all proposed buildings and paved areas
and at property corners if new buildings or paved areas are proposed.
n.
Tentative building floor plans and front, rear and side building
elevation drawings showing building materials. The plans shall be
at a scale of not less than 1/8 inch equals one foot. The plans shall
be drawn by a licensed architect.
o.
Specifications for and location of proposed surface paving and curbing.
p.
Location of all structures on any abutting property within 300 feet
of the property in question.
q.
Existing streams, brooks, or other natural or manmade drainage facilities
when pertinent to any proposed construction on the lot.
r.
Proposed stormwater management facilities, water mains, sanitary
sewer lines, water wells, waste disposal systems and other such proposed
construction on the lot, as well as existing facilities of this nature
when pertinent to any proposed use or construction.
s.
Certification from the Tax Collector that no taxes or assessments
for local improvements are due or delinquent on the subject property.
t.
All fences, walls, sidewalks or similar features to be provided.
u.
The present status, location, and contemplated use of all existing
buildings on the property.
v.
A Soil Erosion and Sediment Control Plan if required in accordance
with P.L. 1975, Chapter 251. The plan shall be submitted to the Soil
Conservation District in accordance with said statute and approval
of the application shall be conditioned upon certification of the
Soil Erosion and Sediment Control Plan by the District.
w.
Map showing the entire drainage area and the drainage area contributing
to each pertinent drainage structure along with drainage tabulation
sheets showing calculations for each drainage area. Each drainage
area shall be marked for identification purposes.
x.
Official seals of licensed professional engineer, land surveyor,
architect or planner preparing the plans.
y.
(Reserved)
z.
(Reserved)
aa.
For any use located in a flood plain area, the following information:
1.
The existing and proposed contours on the property in question at
a contour interval of one foot.
2.
The proposed elevations of the levels of the lands involved at the
corners of the foundation of any structure or structures.
3.
The lowest elevation of the lowest proposed floor level including
basement, if any, within any proposed structure after its completion.
4.
The layout of existing and proposed public streets and the nature,
extent and location of existing and proposed public utilities servicing
and to service the premises in question.
bb.
Photographs of the property where necessary to show any unusual topographic,
environmental or physical aspect of the site. This would include but
not be limited to rock outcroppings, vegetation, natural drainageways,
wetlands and existing structures and improvements.
cc.
The names of the owners of all contiguous land and of property directly
across the street and within 200 feet of the property, as shown by
the most recent tax records of the Borough.
dd.
Key map at a scale of one inch equals 100 feet, or larger scale.
ee.
Reference to any existing or proposed deed restrictions or exceptions
concerning all or any portion of the parcel. A copy of such covenants,
deed restrictions or exceptions shall be submitted with the application.
ff.
All areas dedicated or proposed for public use within 200 feet of
the property based on the Borough's Official Map.
gg.
Boundaries of any floodways, flood hazard areas or other areas subject to flooding or storm overflows. The boundaries shall be drawn pursuant to the Floodplain and Watercourse Ordinance, § 14-4.
hh.
Location of existing rock outcroppings, high points, depressions,
vegetation, wooded areas and other significant existing features.
ii.
Trees of five inches or over in caliper shall be specifically located
and identified. Any proposed change of such natural features shall
be specifically noted.
jj.
Location of all existing bridges, culverts, storm sewers, septic
systems, sanitary sewers, water, fire protection, electric and telephone
lines, both above and below ground, and poles, gas and underground
heating systems, pipe lines, artesian wells and other man-made features.
Dimensions, grades and flow direction for culverts and sewers shall
also be provided.
kk.
Location of all existing streets and highways on or adjacent to the
property affected, including names, right-of-way width, pavement width,
curb-to-curb width.
ll.
Location of all historical or architecturally significant properties
within 300 feet of the property.
mm.
Copies of any proposed deed restrictions or covenants.
nn.
Where applicable, the method by which any open space or common open
space area or commonly held building or structure is to be owned and
maintained.
oo.
If applicable, development stages for the proposal.
pp.
The Approving Authority may require other specific data. These data
may include but are not limited to geologic information, water yields,
flood data, environmental information, traffic counts, road capacities,
market or economic information, and similar material.
qq.
The location, design, and size of on- or off-site pedestrian parks
and bicycle pathways, open space, common open space, plazas and recreation
areas, bridle paths or any other public use areas.
rr.
The location and design of the proposed buffer areas, screening,
landscaping and planting, including a planting plan and a schedule
of plant materials. The plan shall identify existing and proposed
plantings. Botanical and common names of plants and trees, dimensions,
approximate time of planting and maintenance plans shall also be indicated.
ss.
Improvement coverage, number of units, square feet of construction,
value of construction, density, coverage, number of employees, number
of residents and area of land, etc. Specifically identified on the
Site Plan, in tabular form, shall be pertinent zoning data, indicating
the bulk area requirements of the zone in which the proposed development
is located and how the proposed development corresponds to the zoning
requirements.
tt.
All proposed streets and private roads with profiles indicating grading;
and cross-sections showing width of roadway, location and width of
sidewalk and specifications of the Borough, as applicable.
uu.
In multi-family residential developments containing 25 or more units
and in nonresidential developments utilizing 1,000 square feet or
more of land area, the location and description of provisions for
the storage of recyclable materials in accordance with the Municipal
Recycling Ordinance. The plan shall be accompanied by a description
of the size, shape, and materials of construction of the storage area.
All recycling storage shall be in a location on site as approved
by the Planning Board and Public Works Superintendent, and shall be
adequately screened so that no recycled material is visible from the
property line containing the area.
[Ord. No. 581 § 9-9.3; Ord. No. 92-919 § 1; Ord. No. 2006-1423 § 2]
The Final Site Plan application shall include the following:
a.
The approved Preliminary Site Plan together with all proposed additions,
changes or departures therefrom, if applicable.
b.
Improvements. Prior to consideration by the Planning Board of the
Final Plat of a major site plan for Final Approval, the applicant
shall have installed or shall have filed Performance Guarantees, in
accordance with Article 11 of this chapter, for the ultimate installation
of the following improvements as required:
Proposed public streets
Private roads
Curbs, shoulders and guard rails
Water, sanitary sewers, drainage, and other roadbed utilities
Individual lot utility connections to a minimum of 10 feet beyond
the curb line
On-tract drainage improvements
Off-tract improvements
Electric, telephone and other non-roadbed utilities, unless
exceptions as permitted in Subsection 10-7.4d3k of Article 10 apply.
Street Signs
Shade Trees
Sidewalks
Monuments
Seepage pits
All other improvements required by the Planning Board.
c.
After completing improvements, as-built drawings shall be submitted
indicating the following:
3.
Other Data. Complete as-built details of all sewage ejectors or pumping
stations, to include piping, materials, elevations of wet well, dry
well, high and low water cutoffs, pump performance curves, maintenance
manuals, manufacturers guarantees, writing diagrams, etc.
4.
Stormwater Management Facilities. Final grading and elevations of
all stormwater management facilities, including certification from
the design engineer to the as-built volume of all stormwater management
basins.
d.
Final Construction documents for uncompleted improvements illustrating:
1.
The Final Plans for Site Development and Site Improvement, including
those construction details as may be specified at the time of Preliminary
Approval.
2.
The ground floor or other floor plans sufficient to show pedestrian,
vehicular or other access as it relates to the Final Site Plan.
3.
The as-built building elevation or typical elevations including size,
structure, materials, colors and textures.
4.
Elevations or typical illustrations of any accessory structures,
sign or area visible to the general public.
e.
Certification from the Tax Collector that no taxes or assessments
for local improvements are due or delinquent.
[Ord. No. 581 § 9-10.1; Ord. No. 93-946 § 1; Ord. No. 2006-1423 § 2]
In general, site plans shall follow the principles of design
relating to subdivisions where applicable. In reviewing said site
development plans, the Planning Board shall ascertain that the following
requirements are complied with:
a.
The provisions of the zoning regulations with respect to height,
minimum lot areas, mandatory open spaces and the like.
b.
Adequate provisions are made for stormwater management and control
in accordance with § 12-29 of the Borough Land Development Regulations.
c.
The location, design or construction of any building is not likely
to involve risks of traffic congestion, public safety or hazard.
d.
The design or construction of any building or use will not be so
markedly incongruous with the character of the neighborhood as to
materially affect the value of adjacent or nearby property.
e.
Any lighting in connection with off-street parking shall be so arranged
and shielded as to reflect the light downward, away from adjoining
streets or properties. The light intensity shall not exceed 0.5 footcandles
along any property line nor 0.3 footcandles along any residential
zone property line. Provisions shall be made for reduction in the
intensity of illumination to the minimum needed for security purposes
when the facility is not in operation.
f.
Adequate provision shall be made for off-street parking and loading,
with adequate traffic circulation, traffic safety and protection to
adjoining property, as hereinafter required.
g.
Except for parking intended to serve one- and two-family dwellings,
all required off-street parking areas shall be surfaced with an asphalt
bituminous or cement binder pavement.
h.
No sign other than entrance, exit and condition-of-use signs shall
be permitted.
i.
Off-street parking facilities as accessory to any use permitted in
a residential zone shall be provided on the same lot with the permitted
principal building.
j.
For all business or commercial uses, required parking shall be provided
within 200 feet of the property line of the lot whereon the business
is conducted.
k.
The off-street parking and loading provisions of this Article may
be met by participation in a joint parking or loading program designed
to serve a larger area, provided plans for such joint parking or loading
have been approved by the Planning Board.
l.
The off-street parking area shall be effectively screened on any
side which adjoins or faces premises situated in any residence zone
district, by a fence or wall not less than four nor more that six
feet in height, maintained in good condition, provided, however, that
a screening of hedge or other natural landscaping may be substituted
for the required fence or wall if approved by the Approving Authority.
Where the Highway Development District abuts existing developed residential
properties in a residential zone district, an undisturbed, natural
buffer area 50 feet in depth shall be provided along the abutting
portion. A stockade type fence six feet in height shall be provided
along the interior line of the buffer area to the entire length of
the buffer area.
m.
No commercial repair work or service of any kind shall be conducted
on a parking lot, nor shall such lots be used for the parking of disabled,
dismantled, inoperable or unregistered vehicles.
[Ord. No. 581 § 9-10.2; Ord. No. 801 § 2]
All off-street parking and loading areas except for one family
dwellings or two family dwellings used exclusively as residences shall,
unless otherwise provided by this Article, meet the location requirements
prescribed in the following schedule:
|
Minimum Distances in Feet
| ||||
|---|---|---|---|---|
|
For Location of Parking and Loading Areas
| ||||
|
From Buildings*
|
From Public Streets
|
From Property Lines
|
From Residential Zones
| |
|
R-1
|
10
|
25
|
25
|
25
|
|
R-1A
|
10
|
25
|
25
|
25
|
|
R-2
|
10
|
25
|
25
|
25
|
|
R-3
|
10
|
15
|
15
|
15
|
|
R-4
|
10
|
10
|
10
|
10
|
|
R-5
|
10
|
10
|
10
|
10
|
|
R-8
|
10
|
10
|
10
|
10
|
|
R-10A
|
10
|
25
|
10
|
10
|
|
R-10B
|
10
|
25**
|
10
|
10
|
|
B-1
|
5
|
5
|
5
|
5
|
|
O-B
|
10
|
10
|
10
|
10
|
|
C-1
|
5
|
10
|
10
|
10
|
|
I
|
10
|
25
|
10
|
25
|
|
HD
|
10
|
10
|
10
|
10
|
|
* Loading areas excepted.
|
|
** 12 feet from internal streets
|
[Ord. No. 93-946 § 9-10.3; Ord. No. 2014-1649]
All off-street parking areas of 10 spaces or more shall provide
landscaped areas within the parking area. The landscaped areas shall
be "islands" or "peninsulas" located within the interior of the parking
area. The minimum width of a landscape area shall be five feet and
shall have a minimum area of 48 square feet. Such landscaped areas
shall be distributed throughout the parking area in order to break
up the line and view of pavement and parked vehicles. Setback areas
between parking spaces and property lines or buildings shall not be
counted toward this landscape requirement. Parking overhang areas
shall not be counted toward this landscape requirement.
The amount of landscaping shall be at least: 16 square feet
of landscaping per parking space.
[Ord. No. 581 § 9-10.4; Ord. No. 93-946 § 2; Ord. No. 2004-1370 § 2]
All parking areas shall be designed with service aisles to meet
the following standards:
|
Type of Parking
|
Width of Aisle
(feet)
|
|---|---|
|
Parallel
|
12
|
|
30° angle
|
12
|
|
45° angle
|
15
|
|
60° angle
|
18
|
|
90° angle
|
24
|
[Ord. No. 581 § 9-10.5; Ord. No. 93-946 § 2; Ord. No. 2004-1370 § 3]
a.
Parking Space Length. For parallel parking, the length of a parking
space shall be at least 22 feet, except when one end adjoins a paved
non-parking area at least four feet long, in which case the length
shall be at least 18 feet. For angled parking the length of the parking
space must be at least 18 feet. For angled parking where overhang
area of at least two feet exists across the entire width of the space,
the length of the space to be paved may be reduced by two feet provided
the two foot area is landscaped and is not included as part of any
other required setback or landscaped area.
b.
General and Customer Parking Space Width. Each parking space for
general and customer parking shall have a minimum width of nine feet,
measured perpendicular to the length. For stores providing shopping
carts which customers may use to transport purchases to their vehicles,
parking spaces shall have a minimum width of 10 feet.
c.
Employee and Long-Term Parking. Parking spaces designated by signs
as being reserved for employees or for long-term (e.g., commuter)
uses, or provided with meters which allow parking for six hours or
more, shall have a minimum width of 8 1/2 feet.
[Ord. No. 581 § 9-10.6; Ord. No. 93-947 § 1; Ord. No. 98-1149 § 1 Art. 9; Ord. No. 2000-1223 §§ 1,
3; Ord. No. 2004-1370 § 4; Ord. No. 2013-1623 § 4; Ord. No. 2014-1654 § 5]
a.
For all new buildings or uses in addition to existing buildings or
uses in all zone districts, there shall be provided the number of
parking spaces required by the specific use, as prescribed in the
following schedule:
|
Use
|
Required No. of Spaces
|
|---|---|
|
Residential Uses
| |
|
1- and 2-family dwellings*
|
2 for each dwelling unit*
|
|
Apartments, townhouses and other multi-family dwellings
| |
|
1 bedroom or less
|
2 for each dwelling unit*
|
|
2 or more bedrooms
|
2.5 for each dwelling unit*
|
|
Senior Citizen Housing
|
1 for each dwelling unit
|
|
Low and Moderate Income Housing
| |
|
Studio/1 bedroom unit
|
1.50 for each dwelling unit*
|
|
2 bedroom unit
|
1.75 for each dwelling unit*
|
|
3 or more bedroom unit
|
2.00 for each dwelling unit*
|
|
*Garages may be counted for up to 50% of the required parking.
| |
|
Nonresidential Uses[1]
| |
|
Assembly hall, community building, social club, institution
|
1 for every 100 square feet GFA
|
|
Banks and similar financial institutions
|
1 for every 150 square feet GFA
|
|
Bowling Alleys
|
5 for each alley
|
|
Business, professional and executive offices
| |
|
First 6,000 square feet GFA
|
1 for every 150 square feet GFA
|
|
Next 4,000 square feet GFA
|
1 for every 200 square feet GFA
|
|
Area above 10,000 square feet GFA
|
1 for every 250 square feet GFA
|
|
Church, auditorium, theater
|
1 for each 3 seating spaces or equivalent accommodation provided
|
|
Computer and data processing center
|
1 for every 200 square feet GFA
|
|
Conference Centers
|
1 for every 50 square feet GFA of conference room area
|
|
Funeral Home, Mortuary
|
20 for each slumber room
|
|
Hotel
|
1.2 for each one-bedroom hotel unit and 1.5 for each 2 bedroom
hotel unit plus additional parking for other facilities available
to persons other than hotel guests as follows:
|
|
Restaurant
|
As specified elsewhere in this schedule
|
|
Convention/Conference Facilities
|
1 for every 150 square feet GFA devoted for such use
|
|
Banquet/Ballroom Facilities
|
1 for every 100 square feet GFA devoted to such use
|
|
Libraries
|
1 for every 300 square feet GFA
|
|
Manufacturing Plant research laboratory, industry
|
1 for every 500 square feet GFA
|
|
Medical and dental clinics and offices
|
1 for every 150 square feet GFA
|
|
Public Garage
|
1 for every 100 square feet GFA
|
|
Public Offices
|
1 for every 200 square feet GFA
|
|
Recreational Instruction
|
1 for every 150 square feet GFA
|
|
Restaurants, taverns, cafes
|
1 for every 100 square feet GFA or 1 for every 3 seats, whichever
is greater
|
|
Retail store, shop or similar establishment
|
1 for every 200 square feet GFA
|
|
Schools, studios, including nursery school
|
1 for each 3 seats in public assembly area. If no public assembly
area, 1 space for every 100 square feet GFA
|
|
Warehouse, storage building Wholesale establishment, furniture
and appliance store, motor vehicle sales, wholesale store, building
material store and similar hard good sales
|
1 for each 400 square feet GFA
|
|
GFA refers to Gross Floor Area
| |
[1]
Editor's Note: GFA refers to "Gross Floor Area."
b.
Any building containing more than one use shall meet the combined
parking space requirement of all uses in the building, except that
for residential units in upper stories in business or commercial zones,
the requirement for such units is a minimum of one parking space per
unit. The Planning Board may allow shared parking between the residential
units and business or commercial uses. Any change in use within a
building shall be required to meet the minimum parking requirements
for the new use.
c.
For any use not listed above, there shall be provided at least one
parking space for every 200 square feet GFA.
d.
If it can be clearly demonstrated that because of the peculiar nature
of any use or in the case of mixed uses proposing shared parking all
the required parking is not necessary, the Planning Board may permit
a reduction in the amount of parking area to be paved, provided, however,
that the entire required parking area shall be shown on the site plan
and reserved for parking in the event future conditions should so
require its use. The entire parking area, whether paved or reserved,
shall be treated as a paved area for purposes of calculating stormwater
run-off and lot coverage.
[Ord. No. 581 § 9-10.7; Ord. No. 769 § 1; Ord. No. 801 § 3]
For Off-Street Loading in all districts for every building or
use requiring the receipt or distribution in vehicles of materials
or merchandise, there shall be maintained on the same premises with
such building or use at least one off-street loading space.
[Ord. No. 581 § 9-10.8]
In the case of a site plan for a multi-family housing development,
the following design standards and criteria shall be met:
a.
The proposals for maintenance and conservation of the common open
space shall be reliable, and the amount, location and purpose of the
common open space shall be adequate.
b.
Provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic
and the amenities of light and air, recreation and visual enjoyment
shall be adequate.
c.
Parking spaces or driveways serving individual dwellings shall not
be entered directly from a public street.
d.
All off-street parking areas and internal roadways shall be paved,
bounded by permanent curbing and constructed in accordance with applicable
Borough standards.
e.
Parking areas and internal roadways shall be located at least 10
feet from a building, unless the paved area is a driveway leading
to a garage, at least 10 feet from a tract boundary line and at least
25 feet from a public street.
f.
Internal roadways shall be at least 20 feet in width for two-way
traffic and 12 feet in width for one-way traffic and shall not enter
a street within 50 feet of an intersection. Parking in internal roadways
shall be prohibited.
g.
The arrangement and location of garages, parking areas and internal
roadways shall be subjected to approval of the Planning Board and
shall be designed to ensure maximum safety, proper circulation and
maximum convenience for residents and their guests.
h.
All common open spaces shall be attractively landscaped with grass
lawns, trees and shrubs. Provision shall be made for the preservation
of existing trees and natural features.
i.
Hard-surfaced sidewalks shall be provided in such locations as will
ensure convenient pedestrian traffic as required by the Planning Board.
j.
Screening and fencing shall be provided to shield parking areas and
other common facilities from view of adjoining property.
[Ord. No. 2002-1298 § 6]
[Ord. No. 2006-1423 § 2]
All site plans shall comply with the stormwater management design
and performance standards set forth in § 12-29 of the Borough
Land Development Regulations.
[Ord. No. 2014-1650]
a.
For permitted uses on properties in the B-1 Business and C-1 Commercial
Districts, the required number of parking spaces shall be determined
by the Borough Zoning Officer in accordance with the Borough Code
and parking variances or exceptions pertaining to the subject property
that may have been granted prior to the adoption of this subsection.
The applicant shall demonstrate that all conditions and requirements
of such variances and/or exceptions are current and in effect.
b.
If a change in use does not result in an increase in on-site parking,
it shall maintain the parking requirements of the replaced use.
c.
If it is determined that a change of use will result in an increase in the required number of parking spaces, the applicant shall be required to provide parking in the amount as confirmed by the Borough Zoning Officer based upon Subsection a above. If that required parking cannot be satisfied on site, the applicant shall be permitted to purchase annual off-street parking permits in the Borough parking lot fronting Mt. Airy Road, or in another Borough operated parking facility that may come on line, in the number equivalent to the on-site parking deficiency. Such purchase is made to the Borough Administrator, provided these spaces are available in the Borough's parking lot(s).
d.
An applicant of a change in use may lease parking spaces from any
property in the Downtown Zone district within 200 feet of the subject
property that the Borough Zoning Officer determines has excess on-site
parking spaces. The lease agreement shall be submitted to the Borough
Zoning Officer and maintained current.
[Amended 6-28-2021 by Ord. No. 2021-1885]
e.
The Planning Board or Zoning Board of Adjustment may allow a restaurant
or other eating establishment wishing to designate areas for outdoor
dining that would otherwise have to be used for on-site parking to
provide off-site parking instead at a church or school or other facility
that does not normally use its parking lot during peak restaurant
hours. All outdoor dining areas are subject to the requirements of
§ 12- 12. 9 of the Borough Land Development Regulations.
[Added 6-28-2021 by Ord. No. 2021-1885]
f.
Failure of the applicant to maintain and reserve the required number
of off-street parking spaces at the Borough's parking lot(s) or at
the leased parking off site shall vacate any Borough approvals for
the use. Nothing contained herein shall prohibit an application to
the appropriate Board for approval of a parking variance.
g.
For the purposes of this parking ordinance subsection, "applicant"
shall mean the owner of the subject property.
