Editor's Note: Pursuant to Ordinance No. 2001-22,
the phrase "land use board" replaces the phrases "planning board,"
"zoning board of adjustment," "zoning board" and "board of adjustment"
wherever these phrases appear in the Revised General Ordinances of
the Township of Wantage.
[Ord. #77-19]
This chapter shall be known as and may be cited as the "Site
Plan Review Ordinance of the Township of Wantage."
[Ord. #77-19; Ord. #88-09; Ord. #2005-12]
As used in this chapter:
a.
APPLICANT - Shall mean a developer submitting an application for
site plan review.
b.
APPLICATION FOR DEVELOPMENT - Shall mean the application form and
all accompanying documents required by ordinance for approval of a
subdivision plat, site plan, planned development, conditional use,
zoning variance, or permit to build in a mapped area or for a structure
not related to a street.
c.
APPROVAL - Shall mean
1.
Preliminary site plan approval indicates that the preliminary site
plan as submitted meets all requirements of applicable township ordinances
and confers upon the applicant all of the benefits provided for in
R.S. 40:55D-49.
2.
Final site plan approval shall mean the approval required prior to
issuance of a building permit or other permit authorizing the development
of land, pursuant to R.S. 40:55D-52.
d.
CONVENTIONAL SITE PLAN - Shall mean any site plan not deemed to be
a "minor site plan."
e.
DAYS - Shall mean calendar days.
f.
DEVELOPER - Shall mean the legal or beneficial owner or owners of
a lot or of any land proposed to be included in a proposed development
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
g.
MAINTENANCE GUARANTEE - Shall mean any security, other than cash,
which may be accepted by a municipality for the maintenance of any
improvement required by this act.
h.
MINOR SITE PLAN - Shall mean a development plan involving one or
more lots which:
1.
Does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated, pursuant to
N.J.S.A. 40:55D-42;
2.
Does not involve construction that affects an area of greater than
400 square feet involving new construction; and
3.
Does not involve alteration or renovation of an existing structure
that affects an area of greater than 800 square feet; and
4.
Contains the information as to whether the requirements established
by ordinance for a site plan have been met.
i.
OFF-TRACT - Shall mean not located on the property which is the subject
of a development application nor on contiguous portions of a street
or right-of-way.
j.
ON-TRACT - Shall mean located on the property which is the subject
of a development application or on a contiguous portion of a street
or right-of-way.
k.
PERFORMANCE GUARANTEE - Shall mean security which may be accepted
in lieu of a requirement that certain improvements be made before
the reviewing board approves a site plan; including performance bonds,
escrow agreements, cash, and other similar collateral or surety agreements.
l.
PRELIMINARY FLOOR PLANS AND ELEVATIONS - Shall mean architectural
drawings prepared during early and introductory stages of the design
of a project illustrating in a schematic form, its scope, scale and
relationship to its site and immediate environs.
m.
REVIEWING BOARD - Shall mean the land use board.
n.
SITE PLAN - Shall mean a development plan of one or more lots on
which is shown (1) the existing and proposed conditions of the lot,
including but not necessarily limited to topography, vegetation, drainage,
flood plains, marshes and waterways, (2) the location of all existing
and proposed buildings, drives, parking spaces, walkways, means of
ingress and egress, drainage facilities, utility services, landscaping,
structures and signs, lighting, screening devices, as required by
site plan detail sections of this chapter, and (3) any other information
that may be reasonably required in order to make an informed determination
pursuant to an ordinance requiring review and approval of site plans
by the planning board.
[Ord. #77-19; Ord. #88-09]
a.
Site plan review and approval shall be required before any change
of use, or before any excavation, removal of soil, clearing of a site
or placing of any fill on lands contemplated for development, and,
except as hereinafter provided, no building permit shall be issued
for any building or use, or reduction or enlargement in size or other
alteration of any building or change in use of any building including
accessory structures unless a site plan is first submitted and approved
by the reviewing board and no certificate of occupancy shall be given
unless all construction and development conform to the plans as approved
by the reviewing board.
b.
Site plan approval shall not be required for any detached one or
two dwelling unit buildings or any uses accessory thereto, such as
a private garage or storage shed incidental to residential uses; but
this shall not limit the requirements for submission and approval
of subdivision plats as otherwise required by township ordinances.
c.
The reviewing board or subcommittee may waive notice and public hearing
for an application for development if the planning board or site plan
subcommittee of the board appointed by the chairman finds that the
application for development conforms to the definition of "minor site
plan". Minor site plan approval shall be deemed to be final approval
of the site plan by the board provided, however, that the board or
said subcommittee may condition any approval on terms insuring the
provisions of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39,
40:55D-41, and 40:55D-53 of this act are satisfied.
d.
The reviewing board may waive site plan approval requirements if
the construction or alteration or change of occupancy or use does
not affect existing parking, circulation, drainage, relationship of
buildings to each other, landscaping, buffering, lighting and other
considerations of site plan review.
[Ord. #77-19]
In reviewing any site plan, the board shall consider:
a.
Pedestrian and vehicular traffic movement within and adjacent to
the site with particular emphasis on the provision and layout of parking
areas, off-street loading and unloading, movement of people, goods
and vehicles from access roads, within the site, between building
and between buildings and vehicles.
The planning board shall ensure that all parking spaces are
usable and are safely and conveniently arranged. Access to the site
from adjacent roads shall be designed so as to interfere as little
as possible with traffic flow on these roads and to permit vehicles
a rapid and safe ingress and egress to the site.
b.
The design and layout of buildings and parking areas shall be reviewed
so as to provide an aesthetically pleasing design and efficient arrangement.
Particular attention shall be given to safety and fire protection,
impact on surrounding development and contiguous and adjacent buildings
and lands.
c.
Adequate lighting shall be provided to ensure safe movement of persons
and vehicles and for security purposes. Lighting standards shall be
a type approved by the planning board. Directional lights shall be
arranged so as to minimize glare and reflection and ambient light
on adjacent properties.
d.
Buffering shall be located around the perimeter of the site to minimize
headlights of vehicles, noise, light from structures, the movement
of people and vehicles, and to shield activities from adjacent properties
when necessary. Buffering may consist of fencing, evergreens, shrubs,
bushes, deciduous trees or combinations thereof to achieve the stated
objectives.
e.
Landscaping shall be provided as part of the overall site plan design
and integrated into building arrangements, topography, parking and
buffering requirements. Landscaping shall include trees, bushes, scrubs,
ground cover, perennials, annuals, plants, sculpture, art and the
use of building and paving materials in an imaginative manner.
f.
Signs shall be designed so as to be aesthetically pleasing, harmonious
with other signs on the site, and located so as to achieve their purpose
without constituting hazards to vehicles and pedestrians.
g.
Storm drainage, sanitary waste disposal, water supply and garbage
disposal shall be reviewed and considered. Particular emphasis shall
be given to the adequacy of existing systems, and the need for improvements,
both on-site and off-site, to adequately carry runoff and sewage,
and to maintain an adequate supply of water at sufficient pressure.
h.
Garbage disposal shall be adequate to insure freedom from vermin
and rodent infestation. All disposal systems shall meet township specifications
as to installation and construction.
i.
Environmental elements relating to soil erosion, preservation of
trees, protection of water courses, and resources, noise, topography,
soil, and animal life shall be reviewed and the design of the plan
shall minimize any adverse impact on these elements.
j.
Such other information as the reviewing board shall deem necessary
in order for it to make a determination pursuant to statutes and ordinances.
[Ord. #77-19; Ord. #2002-19]
A complete application for preliminary approval shall consist
of the following:
At least 12 copies of a site plan together with three completed
application forms for preliminary approval together with all other
items hereinafter required shall be submitted to the township clerk
30 days prior to the meeting of the reviewing board at which consideration
is required. The application shall be filed in accordance with the
requirements of the "Land Use Procedures Ordinance of Township of
Wantage". If the applicant is not the record owner of title to the
property which is the subject of the application, he shall file a
written consent signed by the owner authorizing the application.
The application shall be accompanied by the required fees calculated
in accordance with provisions of this ordinance.
All application for site plan approval shall be submitted to
the county planning board for its review and recommendations, and
where applicable, approval. Applicant shall furnish proof of such
submission at the time of the submission of his application to the
township reviewing board by presenting a copy of his site plan with
an indication from the county that it has been filed with them. Any
application for site approval shall not be deemed complete in the
absence of proof that it has been filed with the county planning board.
If the county planning board has failed to grant or deny approval
of the site plan at the time of preliminary approval of applicant's
application, such preliminary approval shall be conditioned on approval
of the site plan by the county planning board.
Where the development requires the establishment of access to
a State road, applicant shall furnish driveway permits evidencing
department of transportation approval of same.
The applicant shall notify all persons entitled to notice of
the hearing on the application in accordance with the provisions of
the Land Use Procedures Ordinance of the Township of Wantage, R.S.
40:55D-12 and this chapter. If the reviewing board requires any substantial
amendment in the site plan proposed by the developer that have already
been the subject of a hearing, an amended application shall be submitted
and proceeded upon as in the case of the original application for
developing, including the giving of notice in accordance with the
provisions of R.S. 40:55D-12.
No application for site plan approval shall be deemed complete
in the absence of proof that a plan for soil erosion and sedimentation
control has been submitted to the relevant reviewing authority, pursuant
to the requirements of R.S. 4:24-39 et seq. or proof that such a plan
is not required by the statute for the particular application. If
the reviewing authority has failed to grant or deny certification
of the erosion plan at the time of preliminary approval of applicant's
site plan, preliminary approval shall be conditioned on certification
of applicant's erosion plan.
[Ord. #77-19; Ord. #2002-19]
[Ord. #77-19; Ord. #91-06; Ord. #2006-08]
a.
Each site plan shall provide for the following:
1.
The lay-out of the land development shall be consistent with the
township zoning ordinance, except in those cases where application
is being made to the zoning board of adjustment for a variance from
the terms and provisions of the zoning ordinance.
2.
Safe and efficient vehicular and pedestrian circulation.
3.
Off-street parking and loading.
4.
Adequate screening and landscaping, and appropriate location of structures.
5.
Exterior lighting for safety reasons, in addition to adequate street
lighting.
6.
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 firefighting 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 the 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.
7.
Adequate water supply, drainage, shade trees, sewage facilities and
other utilities necessary for essential service to residents and occupants.
8.
Any area reserved for public use shall be of suitable size, shape
and location to serve its intended purposes.
9.
Any open space to be set aside as part of a residential cluster shall
comply with those provisions and as provided for by R.S. 40:55D-1
et seq.
10.
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 township 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.
11.
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.
12.
Standards for grading, improvement and construction of streets or driveways and for any required walkway, curb, gutter, street light, fire hydrant and water, sewage facility and other improvements found necessary shall be as provided to the developer by the township engineer. Stormwater control measures shall be as required by the standards set forth in the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 and/or the requirements of Chapter 14A, Stormwater Control, as applicable.
13.
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 reviewing board. The costs
shall be determined by proportioning the 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.
14.
All taxes and assessments against the site shall be paid prior to
any preliminary approval.
b.
The following standards shall be applicable for golf course construction:
1.
U.S.G.A. Golf Courses.
(a)
The golf course shall be designed by a member of the United States
Association of Golf Course Architects.
(b)
All greens shall be in accordance with U.S.G.A. standards unless,
in the planning board's determination, it can be shown that these
are not appropriate in certain limited instances.
(c)
All grass utilized shall not be water intensive and of a native variety
which is, as close as possible, similar to that found in the surrounding
area.
(d)
All water used in conjunction with the golf course shall be part
of a comprehensive stormwater management, plan for the course and
shall be subject to the review and approval of the planning board
and its professionals.
(e)
The developer shall secure the services of a golf course superintendent
during the approval phase who shall remain on staff and consult on
a regular basis with the municipality's professionals.
(f)
The golf course design shall, to the greatest extent practical and
feasible, use existing contours and land characteristics with the
goal of keeping disturbance on site to a minimum.
(g)
All pesticides and chemicals used shall be biodegradable and accepted
on an approved list of the United States Golf Association.
(h)
All sand traps shall be part of the comprehensive drainage system
unless in the board's opinion, it is inappropriate in certain
limited instances to impose this standard.
(i)
The developer shall post appropriate monies so that the municipality
can secure the services of the United States Golf Association to aid
in its review of the construction of the facility.
(j)
No lights of any kind shall be permitted to illuminate the golf course,
for playing purposes.
2.
Executive golf courses.
(a)
All greens shall be constructed, as close as possible, to meet U.S.G.A.
standards unless, in the planning board's determination, it can
be shown that these are not appropriate.
(b)
All grass utilized shall not be water intensive and of a native variety
which is, as close as possible, similar to that found in the surrounding
area.
(c)
All water used in conjunction with the golf course shall be part
of a comprehensive storm water management plan for the course and
shall be subject to the review and approval of the planning board
and its professionals.
(d)
The golf course design shall, to the greatest extent practical and
feasible, use existing contours and land characteristics with the
goal of keeping disturbance on-site to a minimum.
(e)
All pesticides and chemicals used shall be biodegradable and accepted
on an approved list of the United States Golf Association.
(f)
No lights of any kind shall be permitted to illuminate the golf course,
for playing purposes.
3.
Pitch and putt golf courses.
(a)
All grass utilized shall not be water intensive and of a native variety
which is, as close as possible, similar to that found in the area.
(b)
All water used in conjunction with the golf course shall be part
of a comprehensive storm water management plan for the course and
shall be subject to the review and approval of the planning board
and its professionals.
(c)
The golf course design shall, to the greatest extent practical and
feasible, use existing contours and land characteristics with the
goal of keeping disturbance on-site to a minimum.
(d)
All pesticides and chemicals used shall be biodegradable and accepted
on an approved list of the United States Golf Association.
[Ord. #77-19; Ord. #2006-08]
In order that the reviewing board 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 reviewing
board, 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 water courses, protection of air resources and protection
of aquifers, and the presence of any nuisance factors. The reviewing
board shall not approve any submission hereunder unless it determines
and finds that the proposed development.
a.
Will not result in appreciable harmful affects to the natural environment,
b.
Has been designed and conceived with a view toward the protection
of natural resources, and
c.
Will not place a disproportionate or excessive demand upon the total
resources available for such proposal and for any future proposals.
The reviewing board may, upon application and for good cause, waive
the requirement for an environmental impact statement, or portions
thereof, or for any of the specific requirements relating thereto
as set forth in the section. The board, however, shall have the right
to require any portions of the environmental impact statement that
it deems necessary in order to render its decision. The environmental
impact statement shall cover the following:
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.
It must be shown that either there will be no sewerage runoff
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 township 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 500 feet of site; and any other
pertinent data.
c.
If disposal is off-site; plant design capacity; monthly average flows
for past 12 months: 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); and flows expected from other approved subdivisions
which are dependent upon sewage treatment facilities in question.
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); and 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); location and depth of all private and public water
supplies within 500 feet of the realty improvement; location, depth
and adequacy of proposed private or public water supplies to serve
the proposed realty improvement; geologic description of subsurface
conditions including expected ground water yields (using published
geologic reports or report by a geologist). 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.
It must be shown that stormwater runoff from the site does not
adversely affect downstream properties due to flooding and that on-site
and off-site erosion is neither caused nor worsened. At a minimum,
this demonstration shall include the following information:
a.
Summary of impacts that the proposed development will have on the surrounding lands and resources. Specifically, the effects of the development on existing/proposed stormwater quantity, stormwater quality and groundwater recharge in conformance with the standards set forth in Chapter 14A, Stormwater Control shall be identified.
b.
Data on landscaping, vegetation, trees and ground cover existing
on the site and compared with that proposed.
c.
Stream encroachments. Permits as required by the New Jersey Department
of Environmental Protection.
d.
Flood plains. Description of potential flood damages, including a
summary of flood stages from State and Federal sources.
e.
Submission of a sediment and erosion control plan, drawn in accordance
with the guidelines and standards set forth by the State of New Jersey.
A plan for disposal by means of a facility operating in compliance
with the State Sanitary Code.
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.
Plans should include any area, condition or feature which is
environmentally sensitive, 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 credible soils, areas of high water table, and mature strands
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 township,
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.
[Ord. #77-19; Ord. #2005-18]
Upon receipt of the application for site plan review together
with the accompanying exhibits, as required by this chapter, the secretary
of the reviewing board shall distribute the site plan application
and accompanying documents to the following for their review and report
to the reviewing board:
a.
Upon the submission to the secretary to the planning board of a complete
application for a site plan for 10 acres of land or less, the planning
board 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 developer, except that if the application for site plan
approval also involves an application for a relief pursuant to R.S.
40:55D-60, the planning, board shall grant or deny preliminary approval
within 95 days of the date of the submission of a complete application
to the secretary of the planning board, or within such further time
as may be consented to by the applicant.
b.
Upon the submission of a complete application for a site plan of
more than 10 acres, the planning board 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.
Upon the submission to the secretary of the board of adjustment of
a complete application for site plan approval pursuant to R.S. 40:55D-75b,
the board of adjustment shall grant or deny preliminary approval of
the application within 120 days of the date of such submission or
within such further time as may be consented to by the applicant.
d.
Failure of the reviewing board to reach a decision within the specified
time periods or extension thereof shall result in the approval of
the site plan as submitted.
e.
If the reviewing board requires any substantial amendment in the
layout of improvements proposed by the developer that have been the
subject of a hearing, an amended application for development shall
be submitted and proceeded upon, as in the case of the original application
for development. The reviewing board shall, if the proposed development
complies with this chapter grant preliminary site plan approval.
f.
Nothing herein shall be construed to limit the right of a developer
to submit a sketch plan to the reviewing board for informal review,
and neither the reviewing board nor the developer shall be bound by
any discussions or statements made during such review; provided that
the right of the developer at any time to submit a complete application
for site plan approval shall not be limited by his submittal of a
sketch plan and the time for the reviewing board's decision shall
not begin to run until the submission of a complete application.
After a hearing, as required by R.S. 40:55D-10, the reviewing
board shall:
a.
Grant preliminary site plan approval, if the proposed development
complies with the requirements of this chapter.
b.
If the site plan is denied, such denial shall be noted on the preliminary
site plan.
c.
The reviewing board, 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 where 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.
d.
If the reviewing board acts favorably on the preliminary site plan,
the chairman and secretary shall affix their signatures to the site
plan.
e.
The reviewing board shall, by resolution, set forth its findings
of fact and conclusions of law in support of the action taken.
The secretary of the reviewing board, approving a preliminary
site plan, shall cause two full sets of such site plan, together with
a copy of the application, to be certified on each page with the following
information: showing the date of approval, the file number and the
chairman and secretary signatures. One set shall be forwarded to the
applicant and one set shall be retained in the official files of the
reviewing board.
Preliminary approval of a site plan, except as provided in subsection 16-9.4, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.
a.
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; natural resources
to be preserved on the site; vehicular and pedestrian circulation,
parking and loading; screening, landscaping and location of structures;
exterior lighting both for safety reasons and street lighting; except
that nothing herein shall be construed to prevent the township from
modifying by ordinance such general terms and conditions of preliminary
approval as related to the public health and safety.
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. No application for final approval
will be accepted unless it is submitted within three years (plus extensions)
of the grant of preliminary approval to a site plan, except, however,
that the running of the period of limitation herein provided shall
be tolled from the date of filing an appeal from the decision of the
board to the governing body or to a court of competent jurisdiction,
until a determination in any manner of such appeal or proceeding.
c.
That the applicant may apply for and the reviewing 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 design standards have been revised by ordinance,
such revised standards may govern.
d.
In the case of a site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in subsections a, b, and c above for such period of time, longer than three years, as shall be determined by the reviewing board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions and (4) the comprehensiveness of the development; provided that if the design standards have been revised by ordinance, such revised standards may govern.
The reviewing board shall grant or deny final approval within
45 days after submission of a complete application to the township
clerk or within such further time as may be consented to by the applicant.
Failure of the reviewing board to act within the period prescribed
shall constitute final approval and a certification of the board secretary
as to the failure of the reviewing board to act, shall be issued on
request of the applicant, and it shall be sufficient in lieu of written
endorsement or other evidence of approval.
a.
The reviewing board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by this chapter for final approval
and the conditions of preliminary approval have been met, provided
that in the case of a planned development, the reviewing board may
permit minimal deviations from the conditions of preliminary approval
necessitated by change of conditions beyond the control of the developer
since the date of preliminary approval without the developer being
required to submit another application for development for preliminary
approval.
b.
If final approval is denied, a notice to the effect shall be made
on the site plan.
c.
If the reviewing board grants final approval on the final site plan,
the chairman and secretary shall affix their signatures to the site
plan.
d.
The reviewing board shall, by resolution, set forth its findings
of fact and conclusions of law in support of the action taken.
The secretary of the reviewing board approving a final site
plan shall cause three full sets of such site plan together with a
copy of the application, to be certified on each page with the following
information; showing the date of approval, the file number and the
chairman and secretary signatures. One set shall be forwarded to the
applicant, one to the zoning enforcement official for his use and
one set shall be retained in the official files of the reviewing board.
a.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to subsection 16-9.2, whether conditionally or otherwise, shall not be changed for a period of two years after the final approval. If the developer has followed the standards prescribed for final approval, the reviewing board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to section 16-9.2 for the section granted final approval.
b.
In the case of a site plan for a planned development of 50 acres or more or conventional site plan for 150 acres or more, the reviewing board may grant the rights referred to in subsection 16-9.9a for such period of time, longer than two years, as shall be determined by the reviewing board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the reviewing board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the reviewing board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) the comprehensiveness of the development.
[Ord. #77-19]
As a condition of final site plan approval, the reviewing board
may require and shall accept in accordance with the standards adopted
by this chapter for the purpose of assuring the installation and maintenance
of on-tract improvements:
a.
The furnishing of a performance guarantee in favor of the township
in an amount not to exceed 120% of the cost of installation for improvements
it may deem necessary or appropriate including: streets, grading,
pavement, gutters, curbs, sidewalks, street lighting, shade trees,
surveyor's monuments, as shown on the final map and required
by the "Map Filing Law", P.L. 1960, Chapter 141 (R.S. 46:23-9.9 et.
seq.), water mains, culverts, storm sewers, sanitary sewers, or other
means of sewage disposal, drainage structures, erosion control and
sedimentation control devices, public improvements of open space and
other on-site improvements and landscaping; provided that no more
than 10% of the total performance guarantee shall be in cash, and
the balance shall be in the form of a bond from a bonding company
approved by the township.
The township engineer shall review the improvements required
by the reviewing board which are to be bonded and itemize their cost.
The itemization shall be the basis for determining the amount of performance
guarantee and maintenance guarantee required by the reviewing board.
The township engineer shall forward his estimate of the cost of improvements
to the applicant within 30 days of the date of receipt of a request
sent by certified mail for the estimate.
b.
The furnishing of a maintenance guarantee to be posted with the township
council 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 performance or maintenance guarantee
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required for such utilities or improvements.
The amount of any performance guarantee may be reduced by the
township committee, by resolution when portions of the improvements
have been certified by the township 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 township
committee by resolution.
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 township for the reasonable
cost of the improvements not completed or corrected and the township
may either prior to or after the receipt of the proceeds thereof complete
such improvement.
When all of the required improvements have been completed, the
obligor shall notify the township in writing, by certified mail addressed
in care of the township clerk, of the completion of the improvements
and shall send a copy thereof to the township engineer. Thereupon
the township engineer shall inspect all of the improvements and shall
file a detailed report, in writing, with the township committee, 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.
The township committee shall either approve, partially approve
or reject the improvements, on the basis of the report of the township
engineer and shall notify the obligor in writing, by certified mail,
of the contents of the report and the action of the reviewing board
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 township 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.
If any portion of the required improvements is rejected, the
reviewing board 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.
The obligor shall reimburse the township for all reasonable
inspection fees paid to the township engineer for the foregoing inspection
of improvements.
No certificate of occupancy shall be issued on any construction
commenced as a result of receiving final site plan approval until
the township engineer shall certify to the reviewing board that all
required improvements have been completed. Upon receipt of the certification
by the township engineer, that all required improvements have been
completed, the reviewing board shall so certify to the building inspector
that a certificate of occupancy may be issued upon completion of any
structures in accordance with the requirements of the township building
code.
[Ord. #77-19]
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 township. 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 the applicant, the reviewing board
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 reviewing board shall in its
resolution set forth its findings of fact and legal conclusions supporting
said action.
[Ord. #77-19]
Nothing in this section precludes a developer from submitting
his preliminary and final site plan as one submission, provided all
requirements of the final site plan shall be adhered to.
[Ord. #77-19]
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.
[Ord. #77-19; Ord. #86-14]
There shall be submitted with each site plan application the
following fees:
a.
Preliminary site plan - $200.
b.
Final site plan - $200.
In addition, to the filing fee, the applicant shall also deposit
funds with the township clerk to cover the cost of review services
provided by the township engineer, planning consultant and other township
personnel. The amount of the deposit shall be determined as follows:
1.
For nonresidential uses, $10 for each 5,000 square feet of lot area
or part thereof, plus $1 for each 100 square feet of proposed building
floor area, but not less than $250.
2.
For residential uses, $10 per dwelling unit but not less than $250.
Any unused portion of the deposit shall be returned to the applicant.
If the cost of review services exceed the amount of deposit, sufficient
additional funds shall be deposited before approval of the site plan
shall become effective.
For purposes of determining the amount of deposit, if only a
portion of the property is to be developed and the property can be
further subdivided under the requirements of the land subdivision
ordinance and zoning ordinance of the township, the lot area shall
be construed to be an area which can be subdivided under the requirements
of the 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.
[Ord. #77-19; Ord. #2004-07]
Whenever any building or structure is erected, constructed,
altered, repaired, converted, used or maintained within the Township
of Wantage, it shall be the duty of the zoning officer to ascertain
that it is done in accordance with the provisions of this chapter
and that the use of any lands and/or construction complies with the
terms and conditions of any variance or site plan approval and with
the approved plan submitted. It shall be the duty of the zoning officer
to proceed with the enforcement of this chapter in the manner provided
by law and the zoning officer is authorized and empowered to institute
and maintain any statutory legal actions and proceedings for the enforcement
of this chapter.
[Ord. #77-19]
This chapter shall be construed in para materia with the land
use procedures ordinance, the land subdivision ordinance and the zoning
ordinance of the township, which ordinances together constitute the
land use regulations of this township, and shall be liberally construed
to effectuate the purposes thereof.
[Ord. #77-19]
All ordinances or parts of ordinances containing provisions
which are inconsistent with the terms and provisions of this chapter
shall be and are hereby, to the extent of such inconsistency, repealed.
