[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,
Shall mean a developer submitting an application for site
plan review.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary, or continuous occupancy and having
a roof.
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.
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.
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]
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.
Shall mean development other than planned development.
Shall mean calendar days.
Shall mean the permitted number of dwelling units per gross
area of land to be developed.
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.
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.
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.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice and gravity.
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.
Shall mean the approval required prior to issuance of a building
permit or other permit authorizing the development of land.
Shall mean the sum of the area of all floors of buildings
or structures compared to the total area of the 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.
Shall include improvements and fixtures on, above or below
the surface.
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.
Shall mean any security, other than cash, which may be accepted
by a municipality for the maintenance of any improvements required
by this act.
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.
Shall mean the planning board or zoning board of adjustment
as the case may be, and is synonymous with "reviewing agency" or "reviewing
board".
Shall mean 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.
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.
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.
Shall mean located on the lot in question.
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.
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.
Shall mean any security, which may be accepted by a municipality.
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.
Shall mean planned unit residential development, residential
cluster, planned commercial development or 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.
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.
Shall mean the municipal planning board established pursuant
to N.J.S.A. 40:55D-23.
Shall mean a map or maps of a site plan.
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.
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,
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.
Shall mean an open space area conveyed or otherwise dedicated
to a municipality for recreational or conservational uses.
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.
Shall mean the number of dwelling units per gross acre of
residential land area including streets, easements and open space
portions of a development.
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.
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.
Shall mean an application to the reviewing agency requesting
site plan review and approval accompanied by all of the information
required by this chapter.
Shall mean a street, road, highway or other public thoroughfare
which has been approved or accepted by the borough.
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:
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.
[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:
[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.
