[1978 Code § 12-201]
This Chapter shall be known as and may be cited as the "Site
Plan Review Ordinance of the Township of Hope."
[1978 Code § 12-202; Ord. #00-07, § 1]
As used in this Chapter: the following terms shall have the
following meanings, unless the context clearly indicates a different
meaning.
Shall mean a developer submitting an application.
Shall mean the approval required prior to issuance of a building
permit or other permit authorizing the development of land.
Shall mean a development plan for less than 1,000 square
feet of floor area and/or less than 5,000 square feet of impervious
surface, provided that such site plan:
Does not involve planned development, any new street or extension
or any off-street improvement which is to be prorated pursuant to
N.J.S.A. 40:55D-42; and
Contains the information reasonably required in order to make
an informed determination as to whether the requirements established
by Ordinance for approval of a minor site plan have been met.
Shall mean the Planning Board or Zoning Board of Adjustment
as the case may be and is synonymous with reviewing agency or reviewing
board.
Shall mean that the preliminary site plan as submitted meets
all requirements of applicable municipal ordinances and confers upon
the applicant all of the benefits provided in C. 40:55D-49.
Shall mean a development plan of one or more lots on which is shown the items required by virtue of the provisions of subsection 18-4.8 as a condition for the issuance of a permit for development.
Shall mean an application to the reviewing agency requesting
site plan review and accompanied by all of the information required
by this Chapter.
[1978 Code § 12-203; Ord. #93-03; Ord. #97-14,
§ I; Ord. #10-05, § 1]
a.
Prior to the issuance of a permit for any development other than
for detached one or two dwelling unit buildings, and as a condition
for the issuance of any such permit for development, a site plan shall
be submitted to the Planning Board for its review and approval, except
that the resolution of the Board of Adjustment shall substitute for
that of the Planning Board whenever the Board of Adjustment has jurisdiction
over a site plan pursuant to C. 40:55D-76(b). This requirement shall
be applicable for any permit required for any new structure or for
any addition to, enlargement of, or alteration of an existing structure,
or use of parking facilities related to any structure; to any change
in use of a structure other than those hereinabove exempted, or removal
of vegetation or disturbance of soil in an area of over 5,000 square
feet.
b.
Any change of use from one permitted category of nonresidential use
to another permitted category of nonresidential use may not require
site plan approval if both the Construction Official and Zoning Officer
stipulate to the Board in writing that the existing site development
meets the requirements of this Chapter for the new use or category.
c.
Any addition or alteration to an existing conforming nonresidential
structure which does not account for more than 10% additional building
coverage, or not to exceed 500 square feet within a three year period,
may not require site plan approval if both the Construction Official
and the Zoning Officer stipulate to the Board that such addition or
alteration will not create nuisance problems to adjacent land uses
and that such addition or alteration meets the requirements of this
Chapter.
d.
A change to a previously approved site plan that does not significantly
impact nor substantially change the character and quality of the existing
approval, shall be exempt from this Chapter provided that the Zoning
Officer, in consultation with the Township Engineer and Planner, determines
that the proposed change satisfies the standards set forth in this
subsection. Under no circumstances shall an application be deemed
to satisfy this subsection if it has been more than three years from
the date of site plan approval. An applicant shall apply for a zoning
permit and shall reimburse the Township for the cost of any engineering
and planning review fees, in addition to paying the zoning permit
fee. An applicant that does not agree with the determination of the
Zoning Officer shall have the right to appeal said determination to
the Hope Township Zoning Board of Adjustment.
[1978 Code § 12-204]
The preliminary site plan and the engineering and architectural
documents required shall be in tentative form for discussion purposes
for preliminary approval. If the submission of the developer is found
to be incomplete, the developer shall be notified thereof within 45
days after meeting of the submission of the application or it shall
be deemed to be properly submitted.
[1978 Code § 12-204]
a.
Upon the submission of the Planning Board secretary of a complete
application for a preliminary site plan for 10 acres of land or less
the municipal agency shall grant or deny preliminary approval within
45 days of the date of such submission or with such further time as
may be consented to by the applicant.
b.
Upon the submission of a complete application for a preliminary site
plan for more than 10 acres the municipal agency shall grant or deny
preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the applicant.
Otherwise, the municipal agency shall be deemed to have granted
preliminary approval of the site plan.
[1978 Code § 12-204]
a.
The municipal agency shall, if the proposed development complies
with the requirements of this Chapter, grant preliminary site plan
approval.
b.
If the site plan is denied the reasons for denial shall be stated
upon the records of the municipal agency.
c.
The municipal agency, when acting upon applications for preliminary
site plan approval, shall have the power to grant such minor 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 in this Chapter. If the literal enforcement
of one or more provisions of the Chapter is impractical or will exact
undue hardship because of peculiar conditions pertaining to the land
in question, or relating to the proposed use. In any such case, the
municipal agency shall, in its resolution, set forth its findings
of fact and conclusions of law.
d.
If the municipal agency acts favorably on the preliminary site plan,
the chairman and secretary shall affix their signatures to the site
plan.
[1978 Code § 12-205]
Preliminary approval of a site plan shall confer upon the applicant
the following rights for a three year period from the date of preliminary
approval:
a.
That the general terms and conditions on which preliminary approval
was granted shall not be changed except as otherwise permitted by
C. 40:55D-49(a).
b.
That the applicant may submit for the final approval on or before
the expiration date of preliminary approval the whole or a section
or sections of the preliminary site plan.
c.
That the municipal agency may grant extensions of such preliminary
approval for additional periods of at least one year but not to exceed
a total extension of two years, provided that if the design standards
have been revised by ordinance such revised standards shall govern.
d.
The municipal agency may grant all of the above rights for a period
of time longer than three years for a site plan with an area of 50
acres or more. Such length of time shall take into consideration the
number of dwelling units, the economic conditions and the comprehensive
development among others. The municipal agency may grant an extension
of preliminary approval for such additional periods of time as shall
be determined by the municipal agency and for the same reasons as
stated above.
[1978 Code § 12-206]
The secretary of the Municipal agency approving a preliminary
site plan shall certify two full sets on each page, with an appropriate
stamp showing date of approval, file number, chairman's signature
and secretary's signature. One set shall be given to the applicant
and one set shall be retained in the official files of the municipal
agency.
[1978 Code § 12-207]
An application for site plan review shall be submitted on forms supplied by the Planning Board secretary for such purpose and shall be submitted in accordance with the requirements of Chapter 17, Land Use Procedures. An application for site plan review shall be made in conjunction with an application for a use variance and shall be filed simultaneously with the application to the Zoning Board of Adjustment.
[1978 Code § 12-208; Ord. #00-04, § I]
Each site plan shall provide for the following:
b.
Safe and efficient vehicular and pedestrian circulation.
c.
Off-street parking and loading.
d.
Adequate screening and landscaping, and appropriate location of structures.
e.
On-site Lighting. All parking areas and walkways thereto and appurtenant
passageways and driveways serving commercial, public, office or other
uses having common off-street parking and/or loading areas shall be
adequately illuminated for security and safety purposes.
The applicant is required to submit a lighting plan indicating
the location of the lighting fixtures, the direction of illumination,
the wattage and isolux curves for each fixture, the hours of operation
of the lighting and the details of the lighting poles and the luminaries,
in accordance with the following:
1.
The lighting is to be provided by fixtures with a mounting height
not higher than twenty-five (25') feet, measured from the ground
level to the centerline of the light source.
2.
The lighting fixtures are to include non-glare lights with recessed
lenses focused downward and with "cut-off" shields as appropriate
in order to mitigate against adverse impacts upon adjacent and nearby
properties, the safety of traffic along adjacent roadways and overhead
skyglow;
3.
The light intensity provided at ground level shall be indicated in
footcandles on the submitted plans and shall average not less than
0.5 footcandles at intersections and 0.3 footcandles elsewhere in
the area to be illuminated, and shall average not more than four (4.0)
footcandles throughout the area to be illuminated.
f.
Streets within the land development shall be of sufficient width
and suitable grade and suitably located to accommodate prospective
traffic and to provide access for fire fighting and emergency equipment
to buildings and shall be coordinated so as to compose a convenient
system consistent with the circulation element of the master plan.
No street shall be required of a width greater than fifty (50')
feet within the right-of-way line unless said street constitutes an
extension of an existing street of a greater width or already has
been shown on the master plan at a greater width.
g.
Adequate water supply, drainage, shade trees, sewage facilities and
other utilities necessary for essential service to residents and occupants.
h.
Any area reserved for public use shall be of suitable size, shape
and location to serve its intended purposes.
i.
Any open space to be set aside as part of a residential cluster shall
comply with those provisions and as provided for by C. 40:55D-1 et
seq.
j.
No development shall take place in a floodway area, and shall not
be permitted in a flood fringe area only where it is determined by
the municipal engineer and the municipal agency that the first floor
elevation will be above the flood level, and that construction and
landfilling will not significantly increase flooding in other areas.
k.
Adequate protection and conservation of soils through the submission
of an "erosion and sedimentation control plan" approved by the appropriate
authority for all site plans that will result in disturbance of 5,000
square feet of land or more.
l.
Standards for the grading, improvement and construction of streets or driveways and for any required walkways, curbs, gutters, street lights, fire hydrants and water, drainage, sewage facilities and other improvements found necessary shall be as provided to the developer by the municipal engineer. Where certain utilities to be installed are under other governmental authority or jurisdictions the standards shall be provided in accordance with specifications contained in Chapter 19, Land Subdivision, subsection 19-1.1 et seq. or supplied by the Municipal Engineer when not specified in the Chapter. Those jurisdictions and standards shall be adhered to by the developer. A letter approving the proposed installations and a statement as to who will carry out the construction shall be required.
m.
Any off-tract water, sewer, drainage or street improvements required as a result of land development shall be paid for by the developer on a pro rata basis as determined by the municipal agency. Said costs shall be determined by proportioning said benefit to the site in relation to the benefit of the entire area being served, as specified in the standards set forth in Chapter 19, Land Subdivision.
n.
All taxes and assessments against the site shall be paid prior to
any preliminary approval.
o.
Provisions for the retention of Historic Buildings and their appearance
and Historic Sites.
[1978 Code § 12-209]
Site plan details are primarily for the use of the Municipal
Agency to establish criteria required to make decisions and recommendations.
The following documents shall be provided for a preliminary site plan
review. In some circumstances, additional information beyond these
may be required of the applicant. If so, these should be carefully
indicated by the Municipal Agency as early in the proceedings as possible
for the orderly presentation of the application or approval. Surveys,
the general plan, grading and utility plans, landscaping plans, architectural
plans and elevations may be indicated on separate drawings and documents.
1.
Give title, key map location of development and the name and address
of record owner and/or development applicant, and site planner preparing
the site development plan.
2.
Indicate proposed use or uses of the land and buildings.
3.
Site plans should be presented at a scale no smaller than 1" = 50',
nor larger than 1" = 20'; size of sheets should not exceed 36"
x 24''.
4.
Scale and graphic scale.
5.
North arrow, in same direction on all sheets.
6.
Submit survey of the property prepared by a licensed surveyor or
engineer of New Jersey, showing boundaries of properties, line of
all existing streets and roads, easements, rights-of-way and areas
dedicated to public use within two hundred (200') feet of the
property.
7.
Show existing and proposed buildings with dimensions showing with
first floor elevation, present and finished grade elevations at all
corners and entrances. Present buildings and structures to be removed
are to be indicated.
8.
Submit topographic map to delineate existing contours at two (2')
foot intervals, up to ten (10') feet beyond property lines, as
well as proposed grading and contours, wooded areas, trees (where
six (6") inches or greater in diameter), flood plains, ponds, streams
and drainage ditches, etc.
9.
Indicate the location of all existing and proposed structures, i.e.,
walls, fences, culverts, bridges, roadways, etc., with grade elevations
for each structure.
10.
Indicate existing zones of the development site and of any different
zones within two hundred (200') feet of the property.
11.
The distance of the property line (measured along the centerline
of existing streets abutting the property) to the nearest intersection.
12.
Show the boundaries of the property, building and setback lines,
lines of existing streets, lots, reservations, easements and areas
dedicated to public use.
13.
Indicate locations of all utility structures and lines, existing
and proposed storm water drainage on-site and on-tract and from buildings
and structures, as well as telephone, power and light, water, hydrant
locations, sewer, gas, etc., whether privately or publicly owned,
with manholes, inlets, pipe sizes, grades, inverts and directions
of flow.
14.
Show location, size and nature of the entire lot or lots in question,
of contiguous lots owned by the applicant or owner of record, or in
which the applicant has a direct interest even though only a portion
of the entire property is involved in site plan development. Provide
a key map, if necessary.
15.
Show all proposed easements and public and community areas.
16.
Indicate all means of vehicular ingress and egress to and from the
site onto public streets, showing the size and location of driveways,
curb cuts and curbing, sight lines, and radii.
17.
Show location and design of off-street parking areas, showing their size, and the locations of internal circulation, traffic patterns, parking space, aisles, driveways, curbing, barriers and wearing surface finished and construction, all of which shall conform to the requirements of Section 19-4.
18.
Show location, arrangement and dimensions of truck loading and unloading
platforms and docks.
19.
Indicate provisions for refuse and garbage disposal. Insure that
areas are not exposed to view, are unpolluting, covered from weather
and are secure from vandalism.
20.
Show provisions for screening storage of equipment, attached or separate
from buildings.
21.
Indicate all existing or proposed exterior lighting (free-standing
and/or on building) for size, nature of construction, lumens, heights,
area and direction of illumination, foot candles produced, as well
as time controls proposed for outdoor lighting and display.
22.
Note all existing and proposed signs and their sizes; nature of construction
and location, height and orientation, including all identification
signs, traffic directional signs and arrows, free-standing and facade
signs and time control for sign lighting, if any.
23.
Indicate locations, dimensions and construction of off-site sidewalks,
on-site exits, walks and sidewalks. Provision should be made for pedestrian
safety, access ways and, where necessary, a bicycle system and racking.
24.
Show proposed screening, green areas, landscaping and fencing, including
a planting plan and schedule (sizes, types, number); prepared by a
qualified landscape architect or landscape designer.
25.
Show improvements to adjoining streets and roads, and traffic control
devices necessary in streets or highways. Acceleration and deceleration
lanes, paving, land dedication or acquisition for roads should be
shown.
26.
Copies of any covenants and deed restrictions intended to cover any
of the development site should be submitted.
27.
Submit elevations, sketches, renderings, or pictures of any new buildings
or structures.
28.
Preliminary architectural floor plans and elevations should be submitted,
with the name, address, professional number and seal of the architect.
29.
Supply appropriate places for signatures and date of approval of
the chairman and secretary of the Municipal Agency and the Municipal
Engineer.
30.
In fire prevention, consideration must be shown for service lines,
hydrants, Siamese connections, automatic sprinkler systems, fire zones,
"no parking" fire zones and pavement and wall signs.
31.
Show dimensions of all of the above on the site plan so that scaling
will not be necessary.
[1978 Code § 12-211]
a.
In order that the municipal agency may assess the impact of a proposed
development upon the natural environment, particularly with respect
to potable water, pollution of all kinds, flooding and waste disposal,
the application for site plan review shall be accompanied by an environmental
impact statement which shall contain information and analysis covering
the items hereinafter set forth. The municipal agency, as part of
its plan review procedures, shall take into consideration the effect
of the applicants proposal upon all aspects of the environment, including
but not limited to sewage disposal, water quality, water supply, soil
erosion, preservation of trees and vegetation, protection of water
courses, protection of air resources and protection of aquifers, and
the presence of any nuisance factors. The municipal agency shall not
approve any submission hereunder unless it determines and finds that
the proposed development
1.
Will not result in appreciable harmful effects to the natural environment;
2.
Has been designed and conceived with a view toward the protection
of natural resources; and
3.
Will not place a disproportionate or excessive demand upon the total
resources available for such proposal and for any future proposals.
The municipal agency may upon application and for good cause waive
the requirement for an environmental impact statement or for any of
the specific requirements relating thereto as set forth in this subsection.
b.
The environmental impact statement shall be prepared by a licensed
architect, professional engineer or planner and cover the following:
1.
Description of Development. The contours, buildings, roads, paved
areas, proposed grading or regrading, existence of natural streams
and the relationship of the premises to surrounding properties and
existing utility lines shall be described.
2.
Sewage Facilities. It must be shown that either there will be no
sewage run-off from the site of the proposed development, or that
sewage can be disposed of through facilities adequate to preclude
water pollution.
(a)
Compliance with state and municipal board of health regulations.
(b)
If disposal is on-site, data on underlying geology, soils analysis,
percolation tests for every five acres, topography, location of aquifers,
depth and capacity of all wells within five hundred (500') feet
of site, any other pertinent data.
(c)
Enforcement action against plant, capacity of plant to treat
industrial or commercial wastes, if applicable, receiving water quality
standards, stream quality data from State, Federal, or private sources,
stream flow (minimum average seven consecutive day flow with a frequency
of occurrence of 10 years), plans for sewage treatment facility -local
plans, State regional planning policy (including Interim Basin Plan),
flows expected from other approved subdivisions which are dependent
upon sewage treatment facilities in question.
3.
Water Supply. It must be shown that an adequate potable water supply
is available and not threatened by nearby use of other land.
(a)
Compliance with State and local regulations.
(b)
If supply is from public facilities off-site, including private
water companies, amount of diversion granted by the Division of Water
Resources (maximum gallons of water pumped during any month), present
diversion (maximum gallons of water pumped during the past 24 months),
diversions expected from other approved subdivision which are dependent
upon the present diversion granted by the Division of Water Resources.
(c)
If supply is from on-site sources.
|
Realty Improvements (less than 50 dwelling units):
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Location and depth of all private and public water
supplies within five hundred (500') feet of the realty improvement;
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Location, depth and adequacy of proposed private
or public water supplies to serve the proposed realty improvement;
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Geological description of subsurface conditions
including expected ground water yields (using published geological
reports or report by a geologist).
|
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Realty Improvements (more than 50 dwelling units): No preliminary
subdivision approval until the Division of Water Resources has determined
that the proposed water supply and sewage disposal facilities are
adequate.
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4.
Drainage. It must be shown that storm water runoff from the site
is so controlled that on and off-site erosion is neither caused nor
worsened, and that potential of downstream flooding is not increased.
(a)
Volume of storm water run-off now existing from site and volume
to be generated by new improvements.
(b)
Data on landscaping, vegetation map, tree and ground cover,
existing on site compared with that proposed.
(c)
Changes of run-off to be caused by change of such landscape
and all roofs and paved surfaces.
(d)
Plans for disposition of storm water, whether by retention on
site or means of channeling so as to protect downstream property.
(e)
Stream Encroachments. In the case of streams having a drainage
area exceeding 1/2 square mile, an encroachment permit is required
from the Division of Water Resources for fill or diversion of water
channel, alteration of a stream, repair or construction of a bridge,
culvert, reservoir, dam, wall, pipeline or cable crossing.
(f)
Flood Plains. Description of potential flood damages, including
a summary of flood stages from state and federal sources.
(g)
Submission of a Sediment and Erosion Control Plan drawn in accordance
with the guide lines and standards adopted from time to time by the
County Soil Conservation District.
5.
Solid Waste Disposal. A plan for disposal by means of a facility
operating in compliance with the State Sanitary Code.
6.
Air Pollution. It must be shown that no visible smoke or deleterious
chemical changes are produced in the atmosphere by heating or incinerating
devices nor by any processing of materials.
7.
Critical Impact Areas. Plans should include any area, condition or
feature which is environmentally sensitive.
8.
Water pollution or which, if disturbed during construction would
adversely affect the environment.
(a)
Critical impact areas include, but are not limited to stream
corridors, streams, wetlands, estuaries, slopes greater than 20%,
highly acid or highly erodible soils, areas of high water table, and
mature stands of native vegetation, and aquifer recharge and discharge
areas.
(b)
A statement of impact upon critical areas and of adverse impacts
which cannot be avoided.
(c)
Environmental protective measures, procedures and schedules
to minimize damage to critical impact areas.
(d)
A list of all licenses, permits and other approvals required
by municipal, county or state law and the status of each.
(e)
A listing of all adverse environmental impacts (especially irreversible
damage) that cannot be avoided.
(f)
An assessment of the environmental impact of the project.
(g)
A listing of steps proposed to minimize environmental damage
to the site and region during construction and operation.
[1978 Code § 12-211]
a.
A final site plan and supporting drawings and documentation constitute
the complete development of the site plan proposal and becomes the
basis for the construction of the plan and inspection by the Township.
b.
The final site plan shall be submitted in accordance with the requirements of Chapter 17, Land Use Procedures.
c.
The site plan and any engineering or architectural documents required
shall be in final form and accurate for final approval and construction.
d.
The developer may at his option submit a final site plan in stages
to include only a portion of the original preliminary site plan. Approval
of the final site plan for a section shall not extend the time limit
of preliminary approval for the remaining sections.
e.
The municipal agency shall insure that any improvements required
for the site plan as a whole, which might have an adverse effect on
an approved section if the remaining sections were not completed,
shall be installed as a condition of approval for any section. This
shall include but not be limited to open space, recreation, soil and
erosion control and similar improvements.
[1978 Code § 12-212]
a.
The municipal agency shall grant final approval of the detailed drawings,
specifications, and estimates if the application for final approval
conform to the standards established by this Chapter for final approval
and the conditions of preliminary approval.
b.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the municipal agency, or within such
further time as may be consented to by the applicant. Failure of the
municipal agency to act within the time specified shall constitute
approval and a certificate of the secretary of the municipal agency
shall be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other evidence of approval.
[1978 Code § 12-213]
a.
Final approval of a site plan shall confer upon the applicant the
following rights for a two year period after the date of final approval:
1.
The zoning requirements applicable to the preliminary approval first
granted, shall not be changed as provided for by N.J.S. 40:55D-52.
2.
All other rights conferred upon the developer pursuant to preliminary
approval whether conditional or otherwise shall not be changed.
3.
The municipal agency may extend such period of protection for good
cause by extensions of one year but not to exceed three extensions.
4.
Notwithstanding any other provisions of this Chapter, the granting
of final approval terminates the time period of preliminary approval
for the section granted final approval.
5.
In the case of a site plan for 150 acres or more the municipal agency
may grant extensions of time longer than two years as shall be determined
by the municipal agency to be reasonable, taking into consideration
the number of dwelling units and non-residential floor area permissible,
economic conditions and the comprehensiveness of the development among
others.
[1978 Code § 12-214]
Final site plan details are primarily a refinement of the preliminary
details by providing final engineering and architectural information
which will be classified as site plan construction details.
Whereas preliminary site plan data may have been tentative,
the final data shall be accurate. The following data shall be provided
on the final site plan:
a.
All the data required on the preliminary site plan with complete
accuracy.
b.
If any changes from the preliminary site plan have been made, submit
an approved preliminary site plan showing those changes marked in
red and a detailed statement describing any deviations.
c.
As built or installed plan (if changes) shall be submitted.
[1978 Code § 12-216; Ord. #93-03]
Prior to final site plan approval and as a condition thereof,
the developer shall:
a.
Furnish a performance guarantee in favor of the Municipality in an
amount not to exceed 120% of the cost of installation for improvements
it may deem necessary or appropriate as shown on the final site plan
and as authorized by C. 40:55D-53 in a form acceptable to the Township
Attorney.
b.
Provide for a maintenance guarantee to be posted with the governing
body for a period not to exceed two years after final acceptance of
the improvement in an amount not to exceed 15% or 10% if cash, of
the cost of the improvement. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or the improvements are covered by a performance or
maintenance guarantee to another governmental agency, no performance
or maintenance guarantee, as the case may be, shall be required by
the Municipality for such utilities or improvements.
c.
The amount of any performance guarantee may be reduced by the governing
body, by resolution, when portions of the improvements have been certified
by the Municipal Engineer to have been completed. The time allowed
for installation of the improvements for which the performance guarantee
has been provided may be extended by the body by resolution.
d.
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Municipality for the reasonable cost of the
improvements not completed or corrected and the Municipality may either
prior to or after the receipt of the proceeds thereof complete such
improvements.
e.
When all of the required improvements have been completed, the obligor
shall notify the governing body in writing, by certified mail addressed
in care of the Municipal Clerk, of the completion of said improvements
and shall send a copy thereof to the Municipal Engineer. Thereupon
the Municipal Engineer shall inspect all of the improvements and shall
file a detailed report, in writing, with the governing body, indicating
either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
f.
The governing body shall either approve, partially approve or reject
the improvements, on the basis of the report of the Municipal Engineer
and shall notify the obligor in writing, by certified mail, of the
contents of said report and the action of said approving authority
with relation thereto, not later than 65 days after receipt of the
notice from the obligor of the completion of the improvements. Where
partial approval is granted, the obligor shall be released from all
liability pursuant to its performance guarantee except for that portion
adequately sufficient to secure provisions of the improvements not
yet approved. Failure of the governing body to send or provide such
notification to the obligor within 65 days shall be deemed to constitute
approval of the improvements and the obligor and surety, if any, shall
be released from all liability pursuant to such performance guarantee.
g.
If any portion of the required improvements are rejected, the approving
authority may require the obligor to complete such improvements and,
upon completion, the same procedure of notification as set forth in
this subsection shall be followed.
h.
Inspection Fees.
1.
No construction or disturbance of land shall be authorized until
all inspection fees have been paid to the Township. Verification of
said payment shall be certified to by the Chief Financial Officer
of the Township. The applicant shall pay a sum not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements which cost shall be determined pursuant to law.
2.
The inspection fee shall be adjusted to reflect the actual time required
for inspection at a rate to be established and amended from time to
time by resolution of the Township Committee, which resolution shall
be filed in the office of the Township Clerk for inspection.
3.
If the costs of inspection services exceed the amount of the inspection
fee deposit, the applicant, prior to a release of the performance
guaranty, shall pay over to the Township the additional amount required.
4.
Any unused portion of the inspection deposit shall be returned to
the applicant.
[1978 Code § 12-217]
The regulations and standards set forth in this Chapter are
for the protection of the public health, safety and welfare of the
citizens of this municipality. However, if an applicant can demonstrate
that because of peculiar conditions relating to his application or
to his land it would be unreasonable or impossible to enforce one
or more of the regulations or requirements set forth herein, or that
it would exact undue hardship upon said applicant, the municipal agency
may permit such variance or variances as may be reasonable and within
the general purpose and intent of the rules, regulations and standards
herein established, in which event the municipal agency shall in its
resolution set forth its findings of fact and legal conclusions supporting
the action.
[1978 Code § 12-218]
Nothing in this Chapter precludes a developer from submitting
his preliminary and final site plan as one submission, providing all
requirements of the final site plan shall be adhered to.
[1978 Code § 12-219]
The developer shall undertake construction in substantial conformance
with approved final site plan if caused by change of conditions beyond
the control of the developer since the date of final approval, and
the deviation would not substantially alter the character of the development
or substantially impair the intent and purpose of the Master Plan
or Zoning Ordinance, and the Township Engineer shall notify the Municipal
Agency of any deviations.
[1978 Code § 12-220]
The secretary of the municipal agency approving a final site
plan shall certify five full sets, on each page, with an appropriate
stamp showing date approved, file number, chairman's signature
and secretary's signature; one set shall be given to the applicant,
one to the Zoning Enforcement Officer for his use, one to the Construction
Code Official, one to the Municipal Tax Assessor and one set shall
be retained in the official files of the Municipal Agency.
[1978 Code § 12-221; Ord. #89-10, § V;
Ord. #89-11; Ord. #91-02; Ord. #93-03; Ord. #95-03, § 3;
Ord. # 96-06]
There shall be submitted proof that no taxes or assessments
for local improvements are due or delinquent on the property for which
application is made.
[1978 Code § 12-222]
Failure to comply with any of the conditions of site plan approval
subsequent to the receipt of a building permit, zoning permit or certificate
of occupancy, as the case may be, shall be grounds for the revocation
of any building permit, zoning permit or certificate of occupancy,
as the case may be. A written notice of revocation sent by certified
mail by the zoning officer or building inspector, as the case may
be, shall specify the conditions of site plan approval which have
been violated and such revocation shall effectively terminate the
validity of any building permit, zoning permit or certificate of occupancy
theretofore issued.
[1978 Code § 12-224]
