[HISTORY: Adopted by the Township Committee of the Township
of Montague 10-14-80 as Ord. No. 80-18. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Site
Plan Review Ordinance of the Township of Montague."
As used in this chapter, the following terms shall have the
following meanings, unless the context clearly indicates a different
meaning:
A developer submitting an application for site plan review.
An application form completed, as specified by this chapter
or any other applicable ordinance and the rules and regulations of
the Planning Board, and all accompanying documents required by ordinance
for approval of the application for development, including, where
applicable, but not limited to, a site plan or subdivision plat, provided
that the Planning Board or other reviewing municipal agency may require
such additional information not specified in the ordinance, or any
revisions in the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the municipal agency. An application shall be certified as complete
immediately upon the meeting of all requirements specified in this
chapter and in the rules and regulations of the municipal agency and
shall be deemed complete as of the day it is so certified by the administrative
officer for purposes of the commencement of the time periods for action
by the Planning Board or other municipal agency.
[Added 5-13-80 by Ord. No. 80-7]
The approval required prior to issuance of a building permit
or other permit authorizing the development of land.
The Planning Board or Zoning Board of Adjustment, as the
case may be, and is synonymous with reviewing agency or reviewing
board.
Indicates that the preliminary site plan as submitted meets
all requirements of applicable municipal ordinances and confers upon
the applicant all of the benefits provided for in N.J.S.A. 40:55D-49.
A development plan of one or more lots on which is shown the items required by virtue of the provision of § 55-11 of this chapter, as a condition for the issuance of a permit for development.
An application to the reviewing agency requesting site plan
review and approval accompanied by all of the information required
by this chapter.
[Amended 8-24-99 by Ord. No. 99-07]
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 N.J.S.A. 40:55D-76b. This requirement
shall be applicable for any permit required for any new structure
or for any addition to or alteration of an existing structure or of
parking facilities related to any structure; to any change in use
of a structure other than those herein exempted; or to removal of
vegetation or disturbance of soil in an area of over 5,000 square
feet.
In the event that no variances are needed, the Planning Board
will have jurisdiction to waive site plan review in the event that
an addition to or alteration of an existing structure proposed by
the applicant is less than 500 square feet and involves no change
in the ingress and egress for the facility, no change in the parking
demands for the facility and no change in the lighting demands for
the facility.
An application may be made for determination of whether a site
plan is required. Such application will require payment of a fee in
the amount of $100.
[Added 5-13-80 by Ord. No. 80-7]
All applications for development, whether for preliminary or
final approval (except submission of a concept plan), shall be reviewed
by the Submissions Review Committee of the Board for the purpose of
determining the completeness of the application. Said Committee shall
either determine that said application is not complete and so notify
the developer of the deficiencies therein or shall certify its completeness
within 45 days from the date that said application was filed with
the administrative official. If the Subdivision Committee fails to
take action within said period of 45 days, any such application for
development shall be deemed to be complete. The Planning Board may,
at any time and from time to time, designate any official or group
of officials of the municipality to review and certify the completeness
of applications for development in lieu of the Subdivision Committee.
The preliminary site plan and any 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 of the submission of the application, or it shall be deemed to
be properly submitted.
A.
Upon the submission to the Municipal Clerk 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 within 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.
C.
Otherwise, the municipal agency shall be deemed to have granted preliminary
approval of the site plan.
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 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 this 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.
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
N.J.S.A. 40:55D-49a.
B.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary site plan.
C.
That the 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.
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.
An application for site plan review shall be submitted on forms
supplied by the Municipal Clerk for such purpose and shall be submitted
in accordance with the requirements of the Land Use Procedures Ordinance
of the Township of Montague.[1] 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.
Each site plan shall provide for the following:
A.
The layout of the land development shall be consistent with the Municipal
Zoning Ordinance,[1] except in those cases where application is being made
to the Zoning Board of Adjustment for a variance from the terms and
provisions of said Zoning Ordinance.
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.
Exterior lighting for safety reasons, in addition to adequate streetlighting.
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 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 N.J.S.A. 40:55D-1
et seq.
J.
No development shall take place in a delineated floodway area and
shall be permitted in a delineated flood fringe area only where it
is determined by the Municipal Engineer 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, streetlights,
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
by those jurisdictions and 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 the Land Subdivision Ordinance.[2]
N.
All taxes and assessments against the site shall be paid prior to
any preliminary approval.
[Added 4-26-05 by Ord. No. 2005-9]
A.
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)
The 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 shall be given.
(2)
The proposed use or uses of the land and buildings shall be indicated.
(3)
Site plans should be presented at a scale no smaller than one inch
equals 50 feet nor larger than one inch equals 20 feet; size of sheets
should not exceed thirty-six by twenty-four (36 x 24) inches.
(4)
A scale and graphic scale.
(5)
North arrow, in the same direction on all sheets.
(6)
A 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 200 feet of the property shall be submitted.
(7)
Existing and proposed buildings shall be shown, 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)
A topographic map to delineate existing contours at two-foot intervals,
up to 10 feet beyond property lines, as well as proposed grading and
contours, wooded areas, trees [where six inches or greater in diameter],
floodplains, ponds, streams and drainage ditches, etc., shall be submitted.
(9)
The location of all existing and proposed structures, i.e., walls,
fences, culverts, bridges, roadways, etc., with grade elevations for
each structure, shall be indicated.
(10)
Existing zones of the development site and of any different
zones within 200 feet of the property shall be indicated.
(11)
The distance of the property line, measured along the center
line of existing streets abutting the property, to the nearest intersection.
(12)
The boundaries of the property, building and setback lines,
lines of existing streets, lots, reservations, easements and areas
dedicated to public use shall be shown.
(13)
The locations of all utility structures and lines, existing
and proposed stormwater 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 shall be indicated.
(14)
The location, size and nature of the entire lot or lots in question
and of contiguous lots owned by the applicant or owner of record or
in which the applicant has a direct interest shall be shown, even
though only a portion of the entire property is involved in site plan
development, and provided on a key map, if necessary.
(15)
All proposed easements and public and community areas shall
be shown.
(16)
All means of vehicular ingress and egress to and from the site
onto public streets shall be indicated, showing the size and location
of driveways, curb cuts and curbing, sight lines and radii.
(17)
The 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 shall be shown, all of which shall conform to the requirements of § 55-16.
(18)
The location, arrangement and dimensions of truck loading and
unloading platforms and docks shall be shown.
(19)
Provisions for refuse and garbage disposal shall be indicated.
It shall be ensured that areas are not exposed to view, are unpolluting,
are covered from weather and are secure from vandalism.
(20)
Provisions for screening storage of equipment, attached or separate
from buildings, shall be shown.
(21)
All existing or proposed exterior lighting (freestanding and/or
on the building) shall be indicated for size, nature of construction,
lumens, heights, area and direction of illumination, and footcandles
produced, as well as time controls proposed for outdoor lighting and
display.
(22)
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, freestanding and facade
signs and time control for sign lighting, if any, shall be noted.
(23)
Locations, dimensions and construction of off-site sidewalks,
on-site exits, walks and sidewalks shall be indicated. Provision should
be made for pedestrian safety, accessways and, where necessary, a
bicycle system and racking.
(24)
Proposed screening, green areas, landscaping and fencing shall
be shown, including a planting plan and schedule (sizes, types and
number), prepared by a qualified landscape architect or landscape
designer.
(25)
Improvements to adjoining streets and roads, and traffic control
devices necessary in streets or highways shall be shown. 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)
Elevations, sketches, renderings or pictures of any new buildings
or structures shall be submitted.
(28)
Preliminary architectural floor plans and elevations should
be submitted, with the name, address, professional number and seal
of the architect.
(29)
Appropriate places for signatures and date of approval of the
Chairman and Secretary of the municipal agency and the Municipal Engineer
shall be supplied.
(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)
Dimensions of all of the above on the site plan shall be shown
so that scaling will not be necessary.
(32)
Notwithstanding any other provision of this section to the contrary
the township hereby adopts and incorporates herein by reference, the
current Nonstructural Stormwater Management Strategies as the same
may be amended and supplemented from time to time and as are set forth
in N.J.A.C. 7:8-1, et seq. The applicant shall compare current nonstructural
stormwater practices set forth in the aforesaid Regulation to the
standard set forth in this section. In the event of any conflict between
the provisions of this section and the current Nonstructural Stormwater
Management Regulations, the Regulations shall be controlling. The
approving Board shall only approve developments which comply with
the provisions of N.J.A.C. 7:8-1, et seq. as amended to the extent
feasible considering the constraints of the specific development project.
Any township regulations in conflict with said Regulation shall be
superceded by the provisions of N.J.A.C. 7:8-1, et seq., as amended.
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 applicant's 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 watercourses, 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 will not result in appreciable
harmful effects to the natural environment; has been designed and
conceived with a view toward the protection of natural resources;
and 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 section.
The environmental impact statement shall cover the following:
A.
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.
B.
Sewage facilities. It must be shown that either there will be no
sewage runoff from the site of the proposed development or that sewage
can be disposed of through facilities adequate to preclude water pollution.
(1)
Compliance with the State and Municipal Board of Health regulations.
(3)
If disposal is off site:
(a)
Plant design capacity.
(b)
Monthly average flows for the past 12 months.
(c)
Enforcement action against the plant.
(d)
Capacity of the plant to treat industrial or commercial wastes,
if applicable.
(e)
Receiving water quality standards.
(f)
Stream quality data from state, federal or private sources.
(g)
Stream flow [minimum average seven consecutive days' flow
with a frequency of occurrence of 10 years].
(h)
Plans for sewage treatment facility, local plans.
(i)
State regional planning policy, including interim basis plan.
(j)
Flows expected from other approved subdivisions which are dependent
upon the sewage treatment facilities in question.
C.
Water supply. It must be shown that an adequate potable water supply
is available and not threatened by nearby use of other land.
(1)
Compliance with state and local regulations.
(2)
If supply is from public facilities off the site, including private
water companies:
(a)
The amount of diversion granted by the Division of Water Resources
(maximum gallons of water pumped during any month).
(b)
The present diversion [maximum gallons of water pumped during
the past 24 months].
(c)
Diversions expected from other approved subdivisions which are
dependent upon the present diversion granted by the Division of Water
Resources.
(3)
If supply is from on-site sources:
(a)
Realty improvements, less than 50 dwelling units:
[1]
The location and depth of all private and public water supplies
within 500 feet of the realty improvement.
[2]
The location, depth and adequacy of proposed private or public
water supplies to serve the proposed realty improvement.
[3]
A geologic description of subsurface conditions, including expected
groundwater yields, using published geologic reports or report by
a geologist.
(b)
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.
D.
Drainage. It must be shown that stormwater runoff from the site is
so controlled that on- and off-site erosion is neither caused nor
worsened and that the potential of downstream flooding is not increased.
(1)
The volume of stormwater runoff now existing from the site, and volume
to be generated by new improvements.
(2)
Data on landscaping, vegetation map, tree and ground cover, existing
on site compared with that proposed.
(3)
Changes of runoff to be caused by change of such landscape and all
roofs and paved surfaces.
(4)
Plans for disposition of stormwater, whether by retention on site
or means of channeling so as to protect downstream property.
(5)
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 a water channel,
alteration of a stream, repair or construction of a bridge, culvert,
reservoir, dam, wall, pipeline or cable crossing.
(6)
Floodplains. Description of potential flood damages, including a
summary of flood stages from state and federal sources.
(7)
Submission of a sediment and erosion control plan, drawn in accordance
with the guidelines and standards adopted, from time to time, by the
County Soil Conservation District.
(8)
Notwithstanding any other provision of this section to the contrary
the township hereby adopts and incorporates herein by reference, the
current Nonstructural Stormwater Management Strategies as the same
may be amended and supplemented from time to time and as are set forth
in N.J.A.C. 7:8-1, et seq. The applicant shall compare current nonstructural
stormwater practices set forth in the aforesaid Regulation to the
standard set forth in this section. In the event of any conflict between
the provisions of this section and the current Nonstructural Stormwater
Management Regulations, the Regulations shall be controlling. The
approving Board shall only approve developments which comply with
the provisions of N.J.A.C. 7:8-1, et seq. as amended to the extent
feasible considering the constraints of the specific development project.
Any township regulations in conflict with said Regulation shall be
superceded by the provisions of N.J.A.C. 7:8-1, et seq., as amended.
[Added 4-26-05 by Ord. No. 2005-9]
E.
Solid waste disposal. A plan for disposal by means of a facility
operating in compliance with the State Sanitary Code.
F.
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.
G.
Critical impact areas. Plans should include any area, condition or
feature which is environmentally sensitive or which, if disturbed
during construction, would adversely affect the environment.
(1)
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.
(2)
A statement of impact upon critical areas and of adverse impacts
which cannot be avoided.
(3)
Environmental protective measures, procedures and schedules to minimize
damage to critical impact areas.
(4)
A list of all licenses, permits and other approvals required by municipal,
county or state law and the status of each.
(5)
A listing of all adverse environmental impacts (especially irreversible
damage) that cannot be avoided.
(6)
An assessment of the environmental impact of the project.
(7)
A listing of steps proposed to minimize environmental damage to the
site and region during construction and operation.
A.
Submission of final site plan.
(1)
A final site plan and supporting drawings and documentation constitute
the complete development of the site plan proposal and become the
basis for the construction of the plan and inspection by the township.
(3)
The site plan and any engineering or architectural documents required
shall be in final form and accurate for final approval and construction.
(4)
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.
B.
The municipal agency shall ensure 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.
A.
The municipal agency shall grant final approval of the detailed drawings,
specifications and estimates if the application for final approval
conforms 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 Clerk or within such further
time as may be consented to by the applicant. Failure of the municipal
agency 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.
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:
A.
The zoning requirements applicable to the preliminary approval first
granted.
B.
All other rights conferred upon the developer pursuant to preliminary
approval, whether conditional or otherwise, shall not be changed.
C.
The municipal agency may extend such period of protection for good
cause by extensions of one year, but not to exceed three extensions.
D.
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.
E.
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 nonresidential floor area permissible,
economic conditions and the comprehensiveness of the development,
among others.
A.
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.
B.
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:
(This section is reserved to be used for standards covering
offstreet parking and signs, if desired.)
Prior to final site plan approval and as a condition thereof,
the developer shall:
A.
Furnish a performance guaranty 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 N.J.S.A. 40:55D-53.
B.
Provide for a maintenance guaranty 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% 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 guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required by the municipality for such
utilities or improvements.
C.
The amount of any performance guaranty 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 guaranty
has been provided may be extended by said body by resolution.
D.
If the required improvements are not completed or corrected in accordance
with the performance guaranty, 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 guaranty, except for that portion
adequately sufficient to secure provision 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
guaranty.
G.
If any portion of the required improvements is 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 section shall be followed.
H.
The obligor shall reimburse the municipality for all reasonable inspection
fees paid to the Municipal Engineer for the foregoing inspection of
improvements.
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 said action.
Nothing in this chapter precludes a developer from submitting
his preliminary and final site plan as one submission, provided that
all requirements of the final site plan shall be adhered to.
The developer shall undertake construction in substantial conformance
with the 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.[1]
The Secretary of the municipal agency approving a final site
plan shall certify three 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, and one set shall
be retained in the official files of the municipal agency.
B.
In addition to the filing fee, the applicant shall also deposit funds
with the Municipal Clerk to cover the cost of review services provided
by the Municipal Engineer, planning consultant and other municipal
personnel. The amount of the deposit shall be determined as follows:
C.
Any unused portion of the deposit shall be returned to the applicant.
If the cost of review services exceeds the amount of deposit, sufficient
additional funds shall be deposited before approval of the site plan
shall become effective.
D.
For purposes of determining the amount of deposit, if only a portion
of the property is to be developed and said property can be further
subdivided under the requirements of the Land Subdivision Ordinance
and Zoning Ordinance[1] of the municipality, the lot area shall be construed to
be an area which can be subdivided under the requirements of said
ordinances wherein all proposed buildings and improvements would meet
all required setback and yard requirements. When a site plan for a
new building or structure or addition thereto does not involve off-street
parking, traffic circulation or drainage facilities, the amount of
the deposit as it pertains to lot area shall apply only to the ground
floor area of the building or structure.
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.
Any person, firm or corporation violating any provisions of
this chapter shall, upon conviction thereof before a court of competent
jurisdiction, be subject to a fine not exceeding $500 or imprisonment
in the county jail for a period not exceeding 90 days, or both.
This chapter shall be construed in pari materia with the Land
Use Procedures Ordinance, the Land Subdivision Ordinance and the Zoning
Ordinance of the Township of Montague,[1] which ordinances together constitute the land use regulations
of this municipality, and shall be liberally construed to effectuate
the purposes thereof.
The Municipal Clerk is hereby directed to give notice at least
10 days prior to the hearing on the adoption of this chapter to the
County Planning Board and to all others entitled thereto pursuant
to the provisions of N.J.S.A. 40:55D-15. Upon the adoption of this
chapter after public hearing thereon, the Municipal Clerk is further
directed to publish notice of the passage thereof and to file a copy
of this chapter as finally adopted with the Sussex County Planning
Board as required by N.J.S.A. 40:55D-16.
