[Amended 6-28-1982 by Ord. No. 82-5; 2-25-2002 by Ord. No. 2002-9]
A.
Exemption standards.
(1)
Pursuant to the provisions of this chapter, certain applications
may qualify for site plan exemption in the discretion of the administrative
officer and Construction Official and/or Construction Code Official,
provided that there is compliance with the following standards. The
criteria and standards for site plan exemption shall include the following:
(a)
An addition or enlargement to an existing building shall not
exceed 200 square feet of floor area.
[Amended 2-25-2002 by Ord. No. 2002-9]
(b)
The application and the site plan shall certify that the property
and application comply with all lot area, setback and bulk land coverage
provisions set forth in the land use ordinances of the Borough of
Neptune City and that they comply with all borough off-street parking
ordinances. A site plan exemption application shall also certify that
the proposed improvements applied for do not violate any existing
Zoning Ordinance requirements and/or the borough land use ordinances.
[Amended 2-25-2002 by Ord. No. 2002-9]
(2)
In order for the administrative officer or Construction Official
to approve site plan exemption, he shall review the proposed improvements
and determine that the application does not adversely affect the community
and its general health, safety and welfare, existing drainage, traffic
circulation patterns, and contiguous and adjoining properties, does
not involve the construction of any new buildings and does not provide
for the removal or addition of any improvements that would be contrary
to the design standards of this chapter or any prior site plan approval
or contrary to any ordinance or law.
B.
Application for site plan exemption.
(1)
The applicant shall submit three copies of an application for site
plan exemption to the Construction Official. The application shall
include a sketch plat or map of the proposed site improvements based
on a current boundary survey and drawn on a scale of not to exceed
one inch equals 100 feet, prepared by a licensed New Jersey engineer
or architect in accordance with design standards of the Site Plan
Ordinance, and shall include the following information:
[Amended 2-25-2002 by Ord. No. 2002-9]
(a)
Tax Map lot and block numbers.
(b)
Locator and zone maps.
[Amended 2-25-2002 by Ord. No. 2002-9]
(c)
All streets and roads adjoining and contiguous to the property.
(d)
The existing and proposed site improvements.
(e)
The existing buildings, lot lines and the location of lots and
structures and the names of owners of lots within 200 feet of the
site.
(f)
Indication on the map of all existing and proposed setbacks.
(g)
A signed certification in writing according to law, on the plan,
as to the use of the property and the changes proposed and as to compliance
with § 111-4A(1)(c) of this chapter.
(2)
The requirements hereinabove set forth with respect to application for site plan exemption, § 111-4B(1)(a) through (g), may be waived in the discretion of the Construction Official or administrative officer, provided that said official is satisfied that the applicant has demonstrated that the literal enforcement of any of the aforementioned provisions will cause undue hardship to the applicant and are not necessary in order for the administrative officer or Construction Official to carry out his review to determine if the application qualifies for site plan exemption. Such a waiver shall only be considered upon a signed application and written request from the applicant.
C.
As hereinbefore set forth, the administrative officer and/or Construction
Code Official may grant site plan exemption approval, but in the event
that the administrative officer and/or Construction Code Official
is unwilling to or unable to render a decision as to the applicant's
qualification for site plan exemption, the application may be then
referred to the Land Use Board and its Site Plan Committee for action
pursuant to the terms of this chapter.
[Amended 2-25-2002 by Ord. No. 2002-9]
D.
Conditions for exemptions.
(2)
In the event that the administrative officer and/or Construction
Code Official finds the plan and application for exemption to be entitled
to approval without having to refer same for review by the Land Use
Board, said official shall note on the plan and application its qualification
for exemption, and the applicant shall proceed pursuant to other applicable
provisions of the ordinances of the Borough of Neptune City to acquire
the appropriate building permit and/or certificate of occupancy and/or
certificate of compliance and any other necessary approvals. If the
plan is found not to be exempted, a notation to that effect shall
be placed on the plan by the administrative officer and/or Construction
Code Official, and the applicant shall proceed with the requirements
of this chapter for full site plan approval pursuant to all requirements.
[Amended 2-25-2002 by Ord. No. 2002-9]
A.
The applicant shall submit 18 copies of his complete application to the Secretary of the Land Use Board. The time for the Board's review shall not begin to run until the submission of a complete application with required fees and escrows, as provided in Section 15-27 of this Code.
[Amended 2-25-2002 by Ord. No. 2002-9]
B.
The Secretary of the Land Use Board shall distribute the site plan
and application to the following for review and report.
C.
A complete application for preliminary approval shall consist of
the following:
(1)
A properly completed site plan application form and completeness
checklist available from the Board Secretary.
[Amended 2-25-2002 by Ord. No. 2002-9]
(2)
The required application administration and professional escrow fees.
[Amended 2-25-2002 by Ord. No. 2002-9]
(3)
Site plan information.
(a)
A site plan shall be prepared by a licensed New Jersey professional
engineer or architect in a size required by the Map Filing Law and
drawn in accordance with the design standards of this chapter and
state law and include the following:
[Amended 2-25-2002 by Ord. No. 2002-9]
[1]
Scale, not to exceed one inch equals 100 feet.
[2]
Locator or key map showing all road intersections with 500 feet.
[3]
All structures, wooded areas and topography shall be shown,
with contours at two-foot intervals, except where the slope exceeds
15%, in which case contour intervals may be five feet.
[4]
All lot lines, approximate location of all structures and the
names of owners of lots within 200 feet of the site.
[5]
Streets, easements, watercourses and rights-of-way.
[6]
Utility and drainage plans and information.
[7]
Preliminary plans for on-site improvements and locations of
structures as well as existing buildings.
[8]
Preliminary plans for parking, lighting, loading, signs, landscaping
and buffers.
[9]
Any extension of off-tract improvements necessitated by the
proposed development.
[10]
A soil erosion and sedimentation control plan pursuant to the
requirements of N.J.S.A. 4:24-39 et seq.
[11]
The lot and block numbers, Tax Map sheet number, exact dimensions
and acreage of property to be built upon.
[12]
A current signed and sealed survey prepared by a licensed land
surveyor of the State of New Jersey shall accompany the site plan.
[Amended 2-25-2002 by Ord. No. 2002-9]
[13]
Other information contained in the completeness checklist of
the application.
[Amended 2-25-2002 by Ord. No. 2002-9]
(b)
For each site plan application for commercial and industrial
developments that utilize 1,000 square feet or more of land, the applicant
shall provide the Land Use Board with estimates of the quantity of
mandated recyclable materials, including but not limited to newspaper,
glass bottles, aluminum cans, tin and bimetal cans, high-grade paper
and corrugated cardboard, that will be generated by the development
during each week. A separated storage area must be provided to accommodate,
consistent with the borough's frequency of collection, the accumulation
of recyclable material. The Land Use Board may require the location
of one or more common storage areas at convenient locations within
the development.
[Added 3-12-1990 by Ord.
No. 1990-5; amended 2-25-2002 by Ord. No. 2002-9]
D.
The Land Use Board may require, pursuant to statute and this chapter,
such other information as is reasonably necessary to make an informed
decision as to whether the requirements necessary for preliminary
site plan approval have been met. This information and data may include,
but shall not be limited to, geological information, water yields,
flood data, environmental information, traffic counts, road capacities,
market information and similarly related material.
[Amended 2-25-2002 by Ord. No. 2002-9]
E.
All site plans shall be submitted to the County Planning Board for
its review and recommendations and where applicable, approval. If
the County Planning Board has failed to grant or deny approval of
the site plan at the time of the preliminary approval of the applicant's
application, such preliminary approval shall be conditioned upon approval
by the County Planning Board, in the discretion of the Land Use Board.
[Amended 2-25-2002 by Ord. No. 2002-9]
F.
All site plans shall be submitted to the relevant reviewing authority
for soil erosion and sediment control permits pursuant to the requirements
of N.J.S.A. 4:24-39 et seq., or proof that such a plan is not required
by said 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 the applicant's site plan, preliminary
approval shall be conditioned upon certification of the applicant's
erosion plan, in the discretion of the Land Use Board.
[Amended 2-25-2002 by Ord. No. 2002-9]
H.
Time limit for approval.
[Amended 10-13-1980 by Ord. No. 80-6; 2-25-2002 by Ord. No. 2002-9]
(1)
The applicant shall submit to the Secretary of the Board a complete
application for preliminary site plan approval at least 30 days prior
to the regular meeting date in order to be eligible for consideration
at said meeting. Provided that the application is complete and involves
10 acres or less or 10 dwelling units or less, the 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.
Upon the submission of a complete application for a site plan which
involves more than 10 acres or more than 10 dwelling units, the Board
shall grant or deny preliminary approval with 95 days of the date
of such submission or within such further time as may be consented
to by the developer.
(2)
If the application for site plan approval also involves an application
for relief, including a variance pursuant to N.J.S.A. 40:55D-60, the
Board shall grant or deny approval of the application within 120 days
after submission by a developer of a complete application to the administrative
officer and Secretary of the Board or within such further time as
may be consented to by the applicant.
I.
If the reviewing board requires any substantial amendment to 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.
J.
Nothing herein shall be construed to limit the right of a developer
to submit a sketch plan and tentative plans and documents to the reviewing
board for informal review, and neither the reviewing board nor the
developer shall be bound by any discussion or statements made during
such review in such public meeting, provided that the right of the
developer at any time to submit a complete application for site plan
review shall not be limited by same and the time for the reviewing
board's decision shall not begin to run until the submission
of a complete application pursuant to formal procedure, the purpose
of this subsection being the discussion and exchange of ideas between
an applicant and the particular reviewing board involved. Such informal
requests for review shall be held in the discretion of the Land Use
Board Chairman with the advice and consent of the Board and pursuant
to proper notice.
A public hearing shall be held on all applications for site
plan approval, including the exemption procedure and the informal
discussion process, as all applications are to be considered pursuant
to the definition "application for development"[1] and shall be held pursuant to the procedural ordinance
adopted by the Borough of Neptune City.[2]
The reviewing board, when acting upon applications for full
site plan approval and site plan exemption, shall have the power to
grant such exemptions from the requirements of this chapter as may
be reasonable and within the general purpose and intent of 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.
[Amended 2-25-2002 by Ord. No. 2002-9]
If the Land Use Board acts favorably on a preliminary site plan,
a notation to that effect shall be made on the plan and a resolution
adopted, and the effect of preliminary approval shall be to confer
upon the applicant the following rights for a three-year period from
the date of the preliminary approval, except as provided in Subsection
d of N.J.S.A. 40:55D-49, which applies to site plans for an area of
50 acres or more:
A.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including, but not limited to, the
use requirements; layout and design standards for streets, curbs and
sidewalks; lot size; yard dimensions and off-tract improvements; and
any requirements peculiar to site plan approval, including the preservation
of existing natural resources on the site; safe and efficient vehicular
and pedestrian circulation, parking and loading; screening, landscaping
and location of structures; and exterior lighting for safety reasons,
in addition to any requirements for streetlighting, with the understanding
that nothing herein shall be construed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as may relate to public health and safety.
B.
The applicant shall submit for final approval, on or before the expiration
date of preliminary approval, the whole of the preliminary site plan.
C.
The applicant may apply for and the Board may grant extensions on
such preliminary approval for additional periods for 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.
[Amended 2-25-2002 by Ord. No. 2002-9]
A.
The final site plan shall be submitted to the Board Secretary for
forwarding to the appropriate board for final approval within three
years from the date of preliminary approval.
B.
The Board shall act upon the final site plan within 45 days after
the submission of same for final approval, provided that said application
is a complete application, or within such further time as may be consented
to by the applicant. Whenever review or approval of the application
by the County Planning Board is required in the case of a site plan,
the Board shall condition any approval that it grants upon the timely
receipt of a favorable report on the application by the County Planning
Board or approval by the County Planning Board by its failure to report
thereon within the required time period.
C.
A complete application for final approval shall consist of the following:
(1)
A properly completed final site plan application form and map.
(2)
The required fees and escrow.
(3)
The site plan or final form shall include all information shown on
the preliminary plan and conditions of preliminary approval.
(4)
Certification that taxes have been paid on the subject property to
date.
D.
In approving the final site plan, the Board shall condition the approval
notice of approval of plans for water and sewerage installation from
the borough and appropriate state agencies and shall require approval
notices from the local Health Officer and the Fire Department and
written advice and approval of its engineer.
E.
Board approval of the site plan shall also only be granted in the
event that the site plan complies with the following standards and
regulations, including but not limited to:
(1)
That the applicant has submitted a site plan containing all information
and data as provided for in this chapter and other applicable ordinances
and laws.
(2)
That the details of the site plan are in accordance with the standards
of this chapter and all of the ordinances of the borough, including
such Master Plan as may be in existence at the time of the application,
as well as in full compliance with the existing Zoning Ordinance.[1]
(3)
That all parking and traffic problems shall have been reasonably
resolved and full compliance has been met and agreement has been had
among the borough, county and state with respect to curb openings
and ingress and egress problems concerning said site plan.
(4)
That adequate provisions have been made by the applicant so as to
prevent any drainage problems and full agreement has been achieved
among the municipal, county and state concerning said drainage problems.
It shall be the burden of the applicant to produce appropriate testimony
or evidence before the Board concerning same.
(5)
That reasonable screening, during all seasons of the year, of all
playgrounds and parking and service areas from the view of adjacent
properties and streets shall be provided where necessary for the purpose
of protecting the health, safety, general welfare and comfort and
convenience of the public and surrounding property owners.
[Amended 2-25-2002 by Ord. No. 2002-9]
A.
As a condition of approval of any site plan, the developer or applicant shall be required to post performance guaranties to ensure the installation of the required improvements. The guarantees shall be as set forth in Section 15-27 of this Code.
B.
It shall be expressly understood that no construction permit shall
be issued until the developer or applicant has submitted final plans
satisfying all conditions of the resolution of the approvals including
posting of all guarantees, inspection fees and all escrows required
by this chapter and said final plans have been signed and approved
by the Board Chairperson, Secretary and Engineer. Further, no occupancy
permit shall be issued until the improvement has been installed pursuant
to approved site plans as required by the borough and until all improvements
and conditions as may have been required by the reviewing board and
this chapter and the applicable Building and Plumbing Codes[1] have been properly complied with as indicated in writing
by the Borough Engineer or other designated administrative officer.
[Amended 3-27-1989 by Ord. No. 89-3; 2-25-2002 by Ord. No. 2002-9]
All development application fees, escrows, guarantees and inspection fees shall be as set forth in Section 15-27 of this Code.
