Borough of Sussex, NJ
Sussex County
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Table of Contents
Table of Contents
[Ord. 3/21/77, S1]
This chapter shall be known as and may be cited as the Site Plan Review Ordinance of the Borough of Sussex.
[Ord. 3/21/77, S1; Ord. 6/16/80, S1]
As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates a different meaning,
APPLICANT
Shall mean a developer submitting an application for site plan review.
BUILDING
Shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
CIRCULATION
Shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
COMMON OPEN SPACE
Shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMPLETE SITE PLAN APPLICATION
Shall mean a site plan application as defined hereunder. Additional information or revisions may be required by the reviewing agency, but the application shall not thereby be deemed incomplete. An application shall be deemed complete as of the day it is so certified by the reviewing agency.
[Amended 2-4-2020 by Ord. No. 2020-01]
CONDITIONAL USE
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the planning board.
CONVENTIONAL
Shall mean development other than planned development.
DAYS
Shall mean calendar days.
DENSITY
Shall mean the permitted number of dwelling units per gross area of land to be developed.
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.
DEVELOPMENT
Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this act.
DRAINAGE
Shall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
EROSION
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FINAL APPROVAL
Shall mean the official action of the planning board or zoning board of adjustment on a preliminary approved site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FINAL SITE PLAN APPROVAL
Shall mean the approval required prior to issuance of a building permit or other permit authorizing the development of land.
FLOOR AREA RATIO
Shall mean the sum of the area of all floors of buildings or structures compared to the total area of the site.
HISTORIC SITE
Shall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of this state, its communities or the nation and has been so designated on or is eligible for inclusion on the National Register of Historic Places.
LAND
Shall include improvements and fixtures on, above or below the surface.
LOT
Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MAINTENANCE GUARANTEE
Shall mean any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this act.
MINOR SITE PLAN
Shall mean a development plan of an enlargement of an existing building by not more than ten percent, or an alteration to existing driveways and parking areas and related site improvements, such that a showing of full site plan data is not needed, as determined by the borough engineer, or borough planner with the concurrence of the reviewing agency. Further, a minor site shall 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.
MUNICIPAL AGENCY
Shall mean the planning board or zoning board of adjustment as the case may be, and is synonymous with "reviewing agency" or "reviewing board".
NONCONFORMING USE
Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
OFF-SITE
Shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT
Shall mean not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
ON-SITE
Shall mean located on the lot in question.
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.
OPEN SPACE
Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
PERFORMANCE GUARANTEE
Shall mean any security, which may be accepted by a municipality.
PLANNED COMMERCIAL DEVELOPMENT
Shall mean an area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED DEVELOPMENT
Shall mean planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT
Shall mean an area of minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
Shall mean an area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.
PLANNING BOARD
Shall mean the municipal planning board established pursuant to N.J.S.A. 40:55D-23.
PLAT
Shall mean a map or maps of a site plan.
PRELIMINARY SITE PLAN APPROVAL
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 C. 40:55D-49.
PUBLIC AREAS
Shall mean: (1) public parks, playground, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures,
PUBLIC DRAINAGE WAY
Shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
PUBLIC OPEN SPACE
Shall mean an open space area conveyed or otherwise dedicated to a municipality for recreational or conservational uses.
RESIDENTIAL CLUSTER
Shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY
Shall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
SEDIMENTATION
Shall mean the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SITE PLAN
Shall mean a development plan of one or more lots on which is shown the items required by virtue of the provisions of sections 22-9 of this chapter, as a condition for the issuance of a permit for development.
SITE PLAN APPLICATION
Shall mean an application to the reviewing agency requesting site plan review and approval accompanied by all of the information required by this chapter.
STREET
Shall mean a street, road, highway or other public thoroughfare which has been approved or accepted by the borough.
STRUCTURE
Shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
[Ord. 3/21/77, S3; Ord. 3/25/86]
Prior to the issuance of a permit for any development other than for detached one or two dwelling unit buildings, and as a condition for the issuance of any such permit for development, a site plan shall be submitted to the planning board for its review and approval, except that the resolution of the board of adjustment shall substitute for that of the planning board whenever the board of adjustment has jurisdiction over a site plan pursuant to C. 40:55D-76(b). This requirement shall be applicable for any permit required for any new structure or for any addition to or alteration of an existing structure or parking facilities related to any structure; to change in use of a structure other than those hereinabove exempted, or to removal of vegetation or disturbance of soil in an area of over 5,000 square feet.
[Ord. 3/21/77, S4]
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.
[Ord. 3/21/77, S4; Ord. 6/16/80, S3]
a. 
Upon the certification of a complete application for preliminary site plan for ten acres or less the municipal agency shall grant or deny preliminary approval within 45 days of the date on which the submission is certified as complete, or within such further time as may be consented to by the applicant.
b. 
Upon the certification of a complete application for a preliminary site plan for more than ten acres the municipal agency shall grant or deny preliminary approval within 95 days of such date or within such further time as may be consented to by the applicant.
Otherwise, the municipal agency shall be deemed to have granted preliminary approval of the site plan.
c. 
If an application is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the board or the board's designee for the determination of completeness within 45 days of the submission of such application or it shall be deemed to be properly submitted.
d. 
The final site plan as defined and specified hereunder may be submitted simultaneously with the preliminary site plan, at the option of the applicant.
e. 
At the request of the developer, the reviewing agency shall grant an informal review of the concept site plan for development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such informal review. The developer shall not be bound by any concept plan for which review is requested, and the reviewing agency shall not be bound by any such review.
[Ord. 3/21/77, S4]
a. 
The municipal agency shall, if the proposed development complies with the requirements of the 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 the chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question, or relating to the proposed use. In any such case, the municipal agency shall, in its resolution, set forth its findings of fact and conclusions of law.
d. 
If the municipal agency acts favorably on the preliminary site plan, the chairman and secretary shall affix their signatures to the site plan.
[Ord. 3/21/77, S5]
a. 
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:
1. 
That the general terms and conditions on which preliminary approval was granted shall not be changed except as otherwise permitted by C. 40:55D-49(a).
2. 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.
3. 
That the 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.
4. 
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.
[Ord. 3/21/77, S6]
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.
[Ord. 3/21/77, S7]
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 Borough of Sussex. 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.
[Ord. 3/21/77, S8; Ord. 6/16/80, S3]
The site plan shall provide for the following, except that for minor site plans as defined hereunder, the data shown may be limited to that related to the alterations in existing buildings or site improvements proposed:
a. 
The layout of the land development shall be consistent with the municipal 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 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 street lighting.
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 C. 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, street lights, fire hydrants and water, drainage, sewage facilities and other improvements found necessary shall be as provided to the developer by the borough engineer, or as set forth in the borough ordinances. 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. The location of all below grade and above grade utilities shall be subject to the approval of the borough engineer.
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 benefits 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.
n. 
All taxes and assessments against the site shall be paid prior to any preliminary approval.
o. 
Off -Street Parking Areas:
1. 
All off-street parking areas shall be surfaced with an asphalt, bituminous or asphaltic pavement which shall be graded and drained to dispose of all surface water as approved by the borough engineer. This shall not be construed to require bituminous asphalt pavement for off-street parking spaces for single family structures in the residential zones.
2. 
Any lighting in connection with off-street parking shall be so arranged and shielded as to reflect the light downward and away from all adjoining residential buildings, residence zones or streets. The applicant shall submit the basis of design for the light system to include catalog cuts on fixtures and lighting diagrams and calculations to substantiate footcandle illumination.
3. 
The off-street parking area shall be effectively screened on any side which adjoins or faces premises situated in any residence zone district by a fence or wall not less than four feet nor more than six feet in height, maintained in good condition; provided, however, that a screening of hedge or other natural landscaping may be substituted for the required fence or wall if approved by the planning board. No part of any parking area shall be closer than ten feet to any school, hospital or other institutional building situated on any contiguous lot unless screened by an unpierced masonry wall not less than four feet nor more than six feet in height. This shall not be construed to require screening for off-street parking spaces for residential uses.
4. 
Each off-street parking area hereinafter created within the Borough of Sussex shall be subject to the approval of the planning board to ensure its adequacy to provide for traffic safety, to provide ingress and egress for emergency vehicles, to protect adjacent properties and to further ascertain that all requirements of this section are complied with.
5. 
All off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work or service of any kind shall be conducted on such parking lot. No sign other than entrance, exit and regulatory signs shall be maintained.
6. 
The amount of off-street parking area to be graded may be reduced by the Borough of Sussex if it can be clearly demonstrated by the applicant that such additional parking area is not necessary; however, the entire amount of ungraded parking area must at all times be made available for parking in the event that future conditions should so require.
p. 
Parking:
1. 
The number of off-street parking spaces, required for specific land uses, is set forth in subsection 19-17.2 (Off-Street Parking Requirements) of the Zoning Ordinances of the Borough of Sussex.
2. 
Parking areas shall be located within reasonable proximity of dwelling structures or commercial concerns which they serve. Parking stalls shall be ten feet wide by 18 feet in length and shall provide a minimum area 180 square feet per motor vehicle.
3. 
Access drives with a minimum width of 22 feet shall be provided.
4. 
All parking areas shall be suitably landscaped and screened and may not be nearer than 15 feet to any adjoining lot line. All such required off-street parking shall be properly screened to achieve a minimum height of five feet within a three year period so that off-street parking will be screened from the boundary lines.
5. 
Parking areas and driveways shall be constructed as herein specified: Grade to an even surface and compact earth with a ten ton roller. Apply four inches of Quarry Process, compacted with a ten ton roller. Then top with a two inch layer of asphalt, FABC bituminous concrete.
6. 
Snow clearance of parking lots and driveways and maintenance thereof shall be provided for and be the responsibility of the owner.
q. 
Roads and Sidewalks:
1. 
Interior streets and roads shall be installed to provide adequate circulation with a commercial or residential development as well as access to all parking areas and public thoroughfares. All access streets shall be paved and curbed to meet borough specifications.
2. 
Interior development roads and pedestrian walks shall be provided with shade trees. Open space adjacent to buildings and malls between buildings to be utilized by residents and border strips along interior development roads and along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material. Approaches to dwelling structures and entrance areas shall be attractively shrubbed.
3. 
Interior development roads, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, and such illumination shall, where necessary, be shielded to avoid disturbing glare to occupants of buildings.
4. 
Concrete sidewalks shall be installed leading from all residential units to all parking areas, along access drives, streets and roadways; and along front streets, such walks shall be installed on both sides of the street right-of-way, of a minimum thickness of four inches, laid out on a four inch thick granular compacted sub base. The sidewalks shall be four feet wide, with a minimum three foot wide space which shall be grass-seeded between the walk and curb, unless otherwise directed by the borough engineer.
[Ord. 3/21/77, S9; Ord. 3/25/86]
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.
a. 
Give title, key map location of development and the name and address of record owner and/or development applicant, and site planner preparing the site development plan.
b. 
Indicate proposed use or uses of the land and buildings.
c. 
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 36 x 24.
d. 
Scale and graphic scale.
e. 
North arrow, in same direction on all sheets.
f. 
Submit survey of the property prepared by a licensed surveyor or engineer of New Jersey, showing boundaries of properties, line of all existing streets and roads, easements, rights-of-way and areas dedicated to public use within 200 feet of the property.
g. 
Show existing and proposed buildings with dimensions showing, with first floor elevation, present and finished grade elevations at all corners and entrances. Present buildings and structures to be removed are to be indicated.
h. 
Submit topographic map to delineate existing contours at two foot intervals, up to ten feet beyond property lines, as well as proposed grading and contours, wooded areas, trees (where six inches or greater in diameter), flood plains, ponds, streams and drainage ditches, etc.
i. 
Indicates the location of all existing and proposed structures, i.e. walls, fences, culverts, bridges, roadways, etc., with grade elevations for each structure.
j. 
Indicate existing zones of the development site and of any different zones within 200 feet of the property.
k. 
The distance of the property line (measured along the centerline of existing streets abutting the property) to the nearest intersection.
l. 
Show the boundaries of the property, buildings and setback lines, lines of existing streets, lots, reservations, easements and areas dedicated to public use.
m. 
Indicate locations of all utility structures and lines, existing and proposed storm water drainage on-site and on-tract and from buildings and structures, as well as telephone, power and light, water, hydrant locations, sewer, gas, etc., whether privately or publicly owned, with manholes, inlets, pipe sizes, grades, inverts and directions of flow.
n. 
Show location, size and nature of the entire lot or lots in question; of contiguous lots owned by the applicant or owner of record, or in which the applicant has a direct interest even though only a portion of the entire property is involved in site plan development. Provide on a key map, if necessary.
o. 
Show all proposed easements and public and community areas.
p. 
Indicate all means of vehicular ingress and egress to and from the site onto public streets, showing the size and location of driveways, curb cuts and curbing, sight lines and radii.
q. 
Show location and design of off-street parking areas, showing their size, and the locations of internal circulation, traffic patterns, parking space, aisles, driveways, curbing, barriers and wearing surface finished and construction, all of which shall conform to the requirements of section 21-14.
r. 
Show location, arrangement and dimensions of truck loading and unloading platforms and docks.
s. 
Indicate provisions for refuse and garbage disposal. Insure that areas are not exposed to view, are unpolluting, covered from weather and are secure from vandalism.
t. 
Show provisions for screening storage of equipment, attached or separate from buildings.
u. 
Indicate all existing or proposed exterior lighting (free-standing and/or on building) for size, nature of construction, lumens, heights, area and direction of illumination, foot candles produced, as well as time controls proposed for outdoor lighting and display.
v. 
Note all existing and proposed signs and their sizes; nature of construction and location, height and orientation, including all identification signs, traffic directional signs and arrows, free-standing and facade signs and time control for sign lighting, if any.
w. 
Indicate locations, dimensions and construction of off-site sidewalks, on-site exits, walks and sidewalks. Provision should be made for pedestrian safety, access ways and, where necessary, a bicycle system and racking.
x. 
Show proposed screening, green areas, landscaping and fencing, including a planting plan and schedule (sizes, types, number), prepared by a qualified landscape architect or landscape designer.
y. 
Show improvements to adjoining streets and roads, and traffic control devices necessary in streets or highways. Acceleration and deceleration lanes, paving, land dedication or acquisition for roads should be shown.
z. 
Copies of any covenants and deed restrictions intended to cover any of the development site should be submitted.
aa. 
Submit elevations, sketches, renderings, or pictures of any new buildings or structures.
bb. 
Preliminary architectural floor plans and elevations should be submitted, with the name, address, professional number and seal of the architect.
cc. 
Supply appropriate places for signature and date of approval of the chairman and secretary of the municipal agency and the municipal engineer.
dd. 
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.
ee. 
Show dimensions of all of the above on the site plan so that scaling will not be necessary.
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 water courses, protection of air resources and protection of aquifers, and the presence of any nuisance factors. The municipal agency shall not approve any submission hereunder unless it determines and finds that the proposed development (a) will not result in appreciable harmful effects 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 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 the section. The environmental impact statement shall cover the following:
[Ord. 3/21/77, S10]
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.
[Ord. 3/21/77, S10]
It must be shown that either there will be no sewage run-off from the site of the proposed development, or that sewage can be disposed of through facilities adequate to preclude water pollution.
a. 
Compliance with state and municipal board of health regulations.
b. 
If disposal is on-site, data on underlying geology, soils analysis, percolation tests for every five acres, topography, location of aquifers, depth and capacity of all wells within 500 feet of site, 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 days flow with a frequency of occurrence of ten years), plans for sewage treatment facility local plans, state regional planning policy (including interim Basin Plan) flows expected from other approved subdivisions which are dependent upon sewage treatment facilities in question.
[Ord. 3/21/77, S10; Ord. 3/25/86]
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. 
Water usage shall also state initial phase and for five and ten year projections for each of the following categories:
1. 
Residential usage (excluding lawn sprinkling).
2. 
Lawn sprinkling and irrigation.
3. 
Industrial/commercial usage, to include discharge to treatment facilities, discharge to streams without treatment, and other uses.
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 improvements; 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.
d. 
Fire Protection Requirements. Compliance with all state (including Division of Environmental Protection, Bureau of Water Control) requirements and local health regulations.
[Ord. 3/21/77, S10]
It must be shown that storm water run-off from the site is so controlled that on and off-site erosion is neither caused nor worsened, and that potential of downstream flooding is not increased.
a. 
Volume of storm water run-off now existing from site and volume to be generated by new improvements.
b. 
Data on landscaping, vegetation map, tree and ground cover, existing on site compared with that proposed.
c. 
Changes of run-off to be caused by change of such landscape and all roofs and paved surfaces.
d. 
Plans for disposition of storm water, whether by retention on site or means of channeling so as to protect downstream property.
e. 
Stream encroachments. In the case of streams having a drainage area exceeding one-half 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.
f. 
Flood plains. Description of potential flood damages, including a summary of flood stages from state and federal sources.
g. 
Submission of a sediment and erosion control plan drawn in accordance with the guide lines and standards adopted from time to time by the County Soil Conservation District.
[Ord. 3/21/77, S10]
A plan for disposal by means of a facility operating in compliance with the State Sanitary Code.
[Ord. 3/21/77, S10]
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.
[Ord. 3/21/77, S10]
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 percent, highly acid or highly erodible soils, areas of high water table, and mature stands of native vegetation, and aquifer recharge and discharge areas.
b. 
A statement of impact upon critical areas and of adverse impacts which cannot be avoided.
c. 
Environmental protective measures, procedures and schedules to minimize damage to critical impact areas.
d. 
A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each.
e. 
A listing of all adverse environmental impacts (especially irreversible damage) that cannot be avoided.
f. 
An assessment of the environmental impact of the project.
g. 
A listing of steps proposed to minimize environmental damage to the site and region during construction and operation.
[Ord. 3/25/86]
Determine the present volume and capacity of the road(s) serving the project and the nearest major intersection and set forth projected volumes for the same upon completion of the project. Also determine additional air pollution and noises to be caused thereby.
[Ord. 3/25/86]
An analysis of the factors affecting the finances of the borough, which shall include, the estimated changes in tax receipts and fiscal outlay for municipal services; estimated number and types of jobs to be provided; calculation of the number of school-age children to be produced; and any addition to existing municipal services required by the projection.
[Ord. 3/25/86]
Discuss how the natural or present character of the area will be changed as a result of the proposed action.
[Ord. 3/25/86]
Employing criteria established by the Secretary of the U.S. Department of Interior for eligibility for inclusion on the National Register of Historic Places:
a. 
Identify those buildings, structures, sites or districts of architectural, historical or archeological significance within a 1,000 foot radius of the parcel being proposed for development.
b. 
Determine any impact (either adverse or beneficial) to the resources identified in subsection 2 1-10.11a, above.
c. 
If the impact of the proposed project will adversely affect the identified sites, as determined in subsection 21-10.11b, above, plans shall be developed to mitigate the adverse effects.
[Ord. 2009-01, S4]
Any application to the planning board or zoning board of adjustment of the Borough of Sussex, for site plan approval for the construction of multi-family dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan as set forth in Chapter 15. This plan must contain, at a minimum, the following:
a. 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development (Note: A calculation of average amounts of materials generated from similar facilities in the county may be provided to satisfy this requirement); and
b. 
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the municipal recycling coordinator.
[Ord. 3/21/77, S11]
a. 
A final site plan and supporting drawings and documentation constitute the complete development of the site plan proposal and becomes the basis for the construction of the plan and inspection by the borough.
b. 
The final site plan shall be submitted in accordance with the requirements of the Land Use Procedures Ordinance of the Borough of Sussex.
c. 
The site plan and any engineering or architectural documents required shall be in final form and accurate for final approval and construction.
d. 
The developer may at his option submit a final site plan in stages to include only a portion of the original preliminary site plan. Approval of the final site plan for a section shall not extend the time limit of preliminary approval for the remaining sections.
The municipal agency shall insure that any improvements required for the site plan as a whole, which might have an adverse effect on an approved section if the remaining sections were not completed, shall be installed as a condition of approval for any section. This shall include but not be limited to open space, recreation, soil and erosion control and similar improvements.
[Ord. 3/21/77, S12; Ord. 6/16/80, S5]
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.
Final approval shall be granted or denied within 45 days after certification of a complete application, or within such further time as may be consented to by the applicant.
[Ord. 3/21/77, S13]
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 extension 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.
[Ord. 3/21/77, S14]
Final site plan details are primarily a refinement of the preliminary details by providing final engineering and architectural information which shall be classified as site plan construction details.
Whereas preliminary site plan data may have been tentative, the final data shall be accurate. The following data shall be provided on the final site plan:
a. 
All the data required on the preliminary site plan with complete accuracy.
b. 
If any changes from the preliminary site plan have been made, submit an approved preliminary site plan showing those changes marked in red.
[Ord. 3/21/77, S15]
This section reserved to be used for standards covering off-street parking and signs, if desired.
[Ord. 3/21/77, S16; Ord. 6/16/80, S6; Ord. 2003-13, S1]
a. 
Prior to and as a condition of final site plan approval, the developer must furnish a performance guarantee in favor of the borough in the amount of 120 percent of the total cost of all required improvements, as estimated by the borough engineer and assuring the complete installation of all improvements within the time period permitted.
b. 
The borough engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, including installation of survey monuments, which shall be appended to each performance guarantee posted by the obligor.
c. 
The performance guarantee shall be in the form of a performance bond issued by a bonding or surety company, a letter of credit issued by a bank doing business in the State of New Jersey, certified check returned to the developer after full compliance, or another type of security approved by the borough attorney. Ten percent of the performance guarantee must be in cash.
d. 
The borough attorney must approve the performance guarantee as to form, sufficiency and execution.
e. 
The performance guarantee shall run for a period set by the planning board not to exceed two years.
f. 
Prior to commencement of construction the developer shall provide the borough engineer with one set of the approved plan(s) per the current Map Filing Law standards, as well as a digital file on a CD-R compact disk media in AutoCAD (.dwg file extension) format, in the New Jersey State Plane Coordinate System NAD83 and NAVD88.
g. 
At the request, and with the consent of the developer and the surety, the borough council may, by resolution, extend the term of the performance guarantee for a period not to exceed two years. As a condition or as part of any such extension, the amount of the performance guarantee shall be increased or decreased to an amount not to exceed 120 percent of the cost of the installation of all remaining improvements.
h. 
Where partial approval of improvements is granted, the amount of the performance guarantee may be reduced, with 30 percent being retained to ensure completion and acceptability of all improvements. The partial reduction shall be applied to the cash deposit in the same proportion as to the bond or other security.
i. 
When all of the required improvements have been completed, the obligor shall notify the borough council in writing, by certified mail addressed in care of the borough clerk, of the completion of said improvements and shall send a copy thereof to the borough engineer. The borough engineer shall inspect all of the improvements and file a detailed report, in writing, with the council, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. The borough engineer's report shall be within 45 days of receipt of obligor's notification. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
j. 
The borough council shall by resolution either approve, partially approve or reject the improvements, on the basis of the report of the borough 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 45 days after receipt of the borough engineer's report and list. 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 provision of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 45 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.
k. 
If any portion of the required improvements are rejected, the borough may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth above shall be followed.
l. 
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 borough for the reasonable costs thereof, and the borough may complete the improvements either prior to or after receipt of the proceeds.
m. 
Prior to release of the performance bond, the developer shall provide the borough engineer with an archival copy of the finished construction plans, both in accordance with the current standards of the Map Filing Law and also as a digital file on a CD-R compact disk media in Auto CAD (.dwg file extension) format, in the New Jersey State Plane Coordinate System NAD83 (ft.) and the NAVD88 (ft.).
n. 
Prior to release of the performance guarantee the obligor must furnish the borough with a maintenance guarantee for a period not to exceed two years. The maintenance guarantee shall be in the amount of 15 percent of the cost of the improvement(s), as estimated by the borough engineer.
o. 
The obligor shall reimburse the borough for all reasonable inspection fees paid to the borough engineer for inspection of the improvements. At the time that the performance guarantee is furnished, the obligor shall make a deposit for the inspection fees in the amount of $500 or five percent of the estimated cost of the improvements, whichever is greater. The obligor must replenish the deposit for fees as requested by the borough.
p. 
The borough engineer shall not perform any inspection if funds on deposit are not sufficient to pay for those inspections.
[Ord. 3/21/77, S17]
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 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 in its resolution set forth its findings of fact and legal conclusions supporting said action.
[Ord. 3/21/77, S18]
Nothing in this section precludes a developer from submitting his preliminary and final site plan as one submission, providing all requirements of the final site plan shall be adhered to.
[Ord. 3/21/77, S19]
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. 3/21/77, S20]
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.
[Ord. 3/21/77, S21; Ord. 3/25/86]
There shall be submitted with each site plan application in order to defray the cost of review of said site plan, an application fee and a deposit review fee, as set forth in subsection 20-3.4, "Schedule of Fees".
[Ord. 3/21/77, S22]
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 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.
[Ord. 3/21/77, S23; Ord. 2004-12, S1]
a. 
Any person or entity violating any provision of this chapter shall, upon conviction thereof before a court of competent jurisdiction, be subject to a fine of not more than $1,250, or imprisonment in the county jail for a period not to exceed 90 days, or both.
b. 
Each and every day that such violation continues after receipt of the notice of abatement shall be considered a separate and specific violation of this chapter.
c. 
In addition to the fines and penalties authorized herein, any person or entity who violates a provision of this chapter shall reimburse the Borough of Sussex for all costs incurred for investigation, inspections and prosecution of violations of this chapter, including the costs of litigation and reasonable attorney's fees. All costs and fees awarded pursuant to this section to the Borough of Sussex shall constitute an assessment and lien against the subject real property and shall accrue interest as provided by law.
[Ord. 3/21/77, S24]
This chapter shall be construed in para materia with the Land Use Procedures Ordinance, the Land Use Subdivision Ordinance and the Zoning Ordinance of the Borough of Sussex, which ordinances together constitute the land use regulations of this municipality, and shall be liberally construed to effectuate the purposes thereof.