Borough of Millstone, NJ Site Plan

General provisions.

Waiver of Requirements. The Planning Board may waive site plan approval requirements if the proposed construction or alteration or change of occupancy or use does not affect existing circulation, drainage, sanitary waste disposal, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review.

(2)

Planning Board Approval. The site plan or subsequent amendments thereto shall be approved by the Planning Board in the manner and form and according to the regulations hereinafter set forth. The Planning Board, in approving said site plan, may impose reasonable and lawful conditions or requirements designated or specified on or in connection therewith, which conditions and requirements shall be provided and maintained as a condition to the establishment, maintenance and continuance of any use or occupancy of any structure to which they are appurtenant.

(3)

Compliance with Codes and Ordinances. The proposed structure or development shall meet all requirements of applicable codes, ordinances and specifications of the municipality, county, State or Federal governments or other agencies with jurisdiction over matter pertaining to site development, except as noted in paragraph A(5) below.

(4)

Referral to Other Agencies. In addition to referral of site plans to other agencies required by law to review site plans, the Planning Board may refer plans to other local, county, State, Federal, private or semi-public agencies for their recommendations within their particular fields of expertise.

(5)

Board of Adjustment Action. In the event site plan approval is requested for a use not permitted in a zone or where the site plan does not meet the requirements of the zoning ordinance and the Planning Board cannot act in lieu of the Board of Adjustment as allowed by law, the Planning Board may approve the site plan subject to necessary variances being granted by the Board of Adjustment.

(6)

Reservation of Public Areas. If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas within a proposed development, before approving a site plan, the Planning Board may further require that such streets, ways, basins or areas be shown on the plot in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plot for a period of one year after the approval of the final plot or within such further time as may be agreed to by the applicant. Unless during such period or extension thereof the Borough shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the applicant shall not be bound by such reservations shown on the plan and may proceed to use such land for private use in accordance with the applicable development regulations. The provisions of this section shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the land development and required for final approval.

The applicant shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The applicant shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with the obtaining of site plan approval caused by the reservation.

(7)

It shall be required as a condition for approval that the applicant submit proof that no taxes or assessments for local improvements are due or delinquent on the property for which the site plan approval is sought.

Procedure.

(1)

Preliminary Site Plan Review. The purpose of this review is to provide applicants with Planning Board preliminary recommendations prior to required detailed plan preparation.

Any applicant for preliminary site plan review shall first file with the Secretary of the Planning Board a completed application form and six copies of proposed site and building plans. Such plans although preliminary in nature should nevertheless indicate the size, shape and location of existing and proposed buildings, parking areas and drives; and location of proposed plantings, fences, signs and other important features; and a key map showing the entire project, and its relation to surrounding properties and existing buildings thereon. Upon the submission of a complete application for preliminary site plan review for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a preliminary site plan review of more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.

If no action is taken within the requisite period or if approval is granted, the applicant shall prepare a final site plan for submittal to the Planning Board. In its approval, the Planning Board may direct the applicant to make changes in the final plan in conformance with the Design and Related Standards in Sections 30-131E and 30-131F below.

When acting upon applications for preliminary site plan approval, the Planning Board 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 in this Ordinance if the literal enforcement of one or more provisions of the ordinances is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

(2)

Final Site Plan Review. Applications for final site plan review shall be filed, on forms provided, with the Secretary of the Planning Board at least 30 days prior to a Planning Board public meeting. All applications shall include 12 copies of the information required in paragraph D below and be accompanied by the required fees. The Secretary shall immediately transmit copies of such plans and request comments from the following:

Planning Board Site Plan Review Committee

Borough Construction Official

Borough Engineer

Borough Planner

Borough Environmental Commission

Somerset County Planning Board

At a public meeting the Planning Board shall consider the site plan submission and the comments of the above referrals. The Planning Board shall be guided in its action by the Design and Related Standards, and the Critical Area Impact Statement of Sections 30-131E, F and G below. The applicant shall have the right to appear before the Planning Board and be heard with respect to the submission. If the application for site plan is found to be incomplete, the applicant shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted.

After completion of its review, the Planning Board shall approve or disapprove the submission, stating its findings and the reasons for its actions. Approval may be made conditional upon the applicant's adoption of specified changes in the site plan and submission of an amended site plan indicating the changes. Failure to file said amended site plan with the Planning Board within 45 days of conditional approval shall void said approval.

The action of the Planning Board shall be noted on the site plan. If the Planning Board disapproves a site plan, the stated reasons for disapproval shall be remedied prior to further consideration. If the Planning Board requires a substantial change in layout, the applicant may be required to submit a new site plan which shall be proceeded on as in the case of the original filing except that an additional fee will not be required.

If the Planning Board shall fail to take final action on the submission within 45 days after the date of filing the further site plan with the Secretary, or within such further time as shall have been mutually agreed to by the applicant and the Planning Board, the submission shall be deemed to have been approved.

Improvements.

(1)

Improvements to Be Installed Or Bonded. The Planning Board may require the construction or installation of improvements as set forth in the land subdivision regulations. Prior to the issuance of a building permit and/or certificate of occupancy the Planning Board shall require the installation or construction of said improvements or the posting of a performance guarantee, in the form of cash or bond, adequate to cover the cost of all such improvements and inspection fees.

All requirements of the land subdivision regulations shall be met with respect to the form of performance guarantees, installation or construction, inspections, acceptance and provision for maintenance bonds.

(2)

Off-Site Improvements. The Planning Board shall obtain a report by the Municipal Engineer and such other municipal officers, boards and/or commissions as may be necessary with respect to what effect, if any, the granting of approval of the site plan will have upon existing municipal services and facilities. Should additional municipal services or facilities be needed, the Planning Board shall forward its recommendations to the governing body and may grant approval contingent upon the governing body entering into an agreement with the site plan applicant regarding the development of such municipal services or facilities. Said agreement between the governing body and the applicant shall provide for the applicant to pay his pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by constructions or improvements within the development.

Information to be shown on site plans. The final site plan shall be prepared by a professional engineer or architect licensed by the State of New Jersey and shall be drawn to a scale of not less than one inch equals 20 feet. The site plan shall contain the following information:

(1)

A key map of the site with reference to surrounding areas, existing street locations and reference meridian.

(2)

All contiguous land and property within 200 feet of the site as well as the names of the owners and the block and lot numbers of said land and property.

(3)

Zone district of the site and all surrounding zone districts.

(4)

Location of all existing and proposed structures, streets, entrances and exits on the site and on all property within 200 feet.

(5)

Location of all existing and proposed buildings including outside dimensions and architectural elevations.

(6)

Building setback, side line and rear yard distances, lot line dimensions, lot line bearings, easements, and areas dedicated to public use.

(7)

All existing physical features including streams, wooded areas, water courses, single trees greater than ten inches in diameter measured 42 inches about ground level, and significant soil conditions such as swamp or rock outcrop.

(8)

Topography showing existing and proposed contours at five foot intervals for slopes averaging 10% or greater, and at two foot intervals for land of lesser slope. A reference bench mark shall be clearly designated.

(9)

Parking, loading and unloading areas shall be indicated with dimensions, traffic pattern, access aisles and curb radius.

(10)

Improvements such as roads, curbs, bumpers and sidewalks shall be indicated with plans, profiles, cross sections, design details and dimensions.

(11)

Location and design of existing and proposed surface drainage systems, sanitary waste disposal systems, water mains and appurtenances, method of refuse disposal and storage, recycling plan and all other utility systems. (Amended 7-6-2012 by Ord. No. 2012-005)

(12)

Landscaping and buffering plan showing what will remain and what will be planted, indicating names of plans, trees and dimensions.

(13)

Lighting details indicating type of standards, location, radius of light and intensity in foot candles.

(14)

Location, dimensions and details of signs.

(15)

Soil erosion and sediment control plan as submitted to Soil Conservation District and in conformity with the subdivision regulations, if applicable.

(16)

If applicable, all pertinent information required by the Borough Flood Damage Prevention Ordinance, Storm Water Management Ordinance and Subdivision Regulations shall be included. (Amended 9-28-2007 by Ord. No. 2007-006, 10-17-2016 by Ord. No. 2016-004)

(17)

If applicable, a notation that a Critical Area Impact Statement has been prepared and submitted (see Section 30-131G below) shall be included.

(18)

The following legends shall be on the site plan:

(a)

To be signed before submission:

I CONSENT TO THE FILING OF THIS SITE PLAN WITH THE PLANNING BOARD OF THE BOROUGH OF MILLSTONE

Owner:

Date:

Address:

(b)

To be completed before submission:

SITE PLAN OF (Use)

LOT:

BLOCK:

TAX MAP:

DATE:

SCALE:

APPLICANT:

ADDRESS:

(c)

To be signed before submission:

I HEREBY CERTIFY THAT I HAVE PREPARED THIS SITE PLAN AND THAT ALL DIMENSIONS AND INFORMATION IS CORRECT

Name:

Title and License No.:

(d)

To be signed before issuance of a building permit:

APPROVED BY THE PLANNING BOARD OF THE BOROUGH OF MILLSTONE

Date:

Planning Board Secretary:

Date:

Planning Board Chairman:

(e)

To be signed before Planning Board approval is given:

I HAVE REVIEWED THIS SITE PLAN AND CERTIFY THAT IT MEETS WITH CODES AND ORDINANCES UNDER MY JURISDICTION

Date:

Municipal Engineer:

(f)

To be signed before issuance of a building permit:

I HEREBY CERTIFY THAT ALL REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR THAT A PERFORMANCE GUARANTEE HAS BEEN POSTED IN ACCORDANCE WITH THE MUNICIPAL ORDINANCES.

Municipal Clerk:

(g)

To be signed prior to the issuance of Certificate of Occupancy:

I HEREBY CERTIFY THAT ALL THE REQUIRED IMPROVEMENTS OF THIS SITE PLAN HAVE BEEN COMPLETED IN ACCORDANCE WITH THE MUNICIPAL CODES AND ORDINANCES

Date:

Municipal Engineer:

Date:

Construction Official:

OCCUPANCY PERMIT ISSUED:

Date:

(19)

Checklist of Requirements Site Plans/Variances. Pursuant to N.J.S.A. 40-55D-10.3 the following checklist for site plans and variance applications before the Millstone Planning Board is as follows:

SCHEDULE A

MILLSTONE BOROUGH PLANNING BOARD VARIANCE APPLICATION CHECKLIST

Applicant:

Date:

Block:

Lot(s):

		Applicant	Planning Board
1.	Four copies of application form.
2.	Fees paid.
3.	Names and addresses of stockholders or corporation or partners in partnership owning 10% or more.
4.	12 copies of plot plan.
PLOT PLAN SHOULD CONTAIN THE FOLLOWING BASIC DATA:
5.	Key map containing the following:
	(a) Showing distances to adjacent structures.
	(b) All properties within 200 feet.
	(c) Zoning districts in which property and adjoining properties are located.
	(d) For each lot shown, the tax lot and block.
6.	Title.
7.	Date.
8.	North arrow.
9.	Scale (not less than 1"=20').
10.	Location of all existing and proposed improvements (including streets, driveways, streams, watercourses, walls, fences and bridges).
11.	Location of all proposed and existing utilities.
12.	If preparer is other than applicant, set forth name, address, license number and seal
13.	With respect to existing and proposed buildings, set forth:
	(a) Dimensions.
	(b) Set backs to property lines.
	(c) Proposed lights.
	(d) Percentage of pavement and building coverage.
14.	Existing and proposed driveways.
15.	Proposed off-street parking.
16.	Designation of any land within historic district.
ADDITIONAL INFORMATION
17.	Proof of transmittal of application to Somerset County Planning Board, if required.
18.	Proof of transmittal of application to adjacent municipality of property within 200 feet of municipality.
19.	Proof of transmittal of application to Commissioner of Transportation if property adjacent to State highway.
20.	Proof of transmittal of application to New Jersey Department of Environmental Protection if stream encroachment permit is needed or sewer extension is required.
21.	Proof of transmittal of notice to State Planning Commission for development of property which exceeds 150 acres or 500 dwelling units.
22.	Proof of submission to Historic District Commission, if required.
23.	Proof of submission of application to Construction Official for soil removal permit, if required.
24.	A stormwater management plan per Article V Section 30-139, Requirements for a Stormwater Control Plan [Added 12-19-2005 by Ord. No. 2005-004]

IF ANY ITEMS ARE UNANSWERED, EXPLAIN OR IF THEY ARE NOT APPLICABLE, INSERT N/A.

Person Preparing Checklist:

Dated:

SCHEDULE B

MILLSTONE BOROUGH PLANNING BOARD SITE PLAN APPLICATION CHECKLIST

Applicant:

Date:

Block:

Lot(s):

		Applicant	Planning Board
1.	Four copies of application form.
.2	Fees paid.
3.	Names and addresses of stockholders or corporation or partners in partnership owning 10% or more.
4.	12 copies of site plan.
SITE PLAN SHOULD CONTAIN THE FOLLOWING BASIC DATA:
5.	Scale of at least 1"=20'.
6.	Key map of site with reference to surrounding areas, existing street locations and reference meridian.
7.	All contiguous lands and property within 200 feet of site as well as the names of the owners and the block and lot numbers of said land and property.
8.	Zone district of the site and all surrounding zone districts.
9.	Location of all existing and proposed structures, entrances and exits on the site and on all property within 200 feet.
10.	Location of all existing and proposed buildings including outside dimensions and architectural elevations.
11.	Building setback, sideline and rear yard distances, lot line dimensions, lot line variance, easements and areas dedicated to public use.
12.	All existing physical features including streams, wooded areas, water courses, single trees greater than ten inches in diameter measured 4" inches above ground level and significant soil conditions such as swamp or rock outcrop.
13.	Topography showing existing and proposed contours at five foot intervals for slopes averaging ten percent or greater and at two foot intervals for land of lesser slope. A reference bench mark shall be clearly designated.
14.	Parking, loading and unloading areas shall be indicated with the dimensions, traffic pattern, access aisles and curb radius.
15.	Improvements such as roads, curbs, bumpers and sidewalks shall be indicated with plans, profiles, cross-sections, design details and dimensions.
16.	Location and design of existing and proposed surface drainage systems, sanitary waste disposal systems, water mains and appurtenances, method of refuse disposal and storage and all other utility systems.
17.	Landscaping and buffering plans showing what will remain and what will be planted, indicating names of plants, trees and dimensions.
18.	Lighting details indicating type of standards, location, radius of light and intensity in foot candles.
19.	Location, dimensions and details of signs.
ADDITIONAL INFORMATION
20.	Soil erosion and sediment control plan as submitted to Soil Conservation District, if applicable.
21.	Site plan, requirements of Borough flood plain ordinance, if applicable.
22.	Critical area impact statement if site plan submission for new construction located on sites of five acres or more or within or encompassing any "critical area." Critical areas shall include stream corridors, streams, wetlands, floodplains, areas of high water table, areas of highly erodible soils, slopes in excess of 25% and areas of mature woodlands. Such critical area impact statement shall include:
	(a) An identification of the critical area or areas involved.
	(b) A description of the probable environmental impact upon the critical area or areas.
	(c) A listing of any environmental impact that cannot be avoided.
	(d) A description of environmental protection measures, procedures and/or schedules proposed to minimize any adverse environmental impact.
	(e) A listing of all licenses, permits or other approvals required by municipal, county or State law and the status of each.
23.	Economic impact statement, if required, which shall include:
	(a) The projected demand for municipal services that may be required by the proposed project including such items as police protection and traffic control, public school demand, sewer and water needs.
	(b) The projected housing demands of its employees by probable unit and cost.
	(c) Projected demand for other facilities and services that may be generated by the proposed project.
24.	Proof of transmittal of application to Somerset County Planning Board, if required.
25.	Proof of transmittal of application to adjacent municipality of property within 200 feet of municipality.
26.	Proof of transmittal of application to Commissioner of Transportation if property adjacent to State highway.
27.	Proof of transmittal of application to New Jersey Department of Environmental Protection if stream encroachment permit is needed or sewer extension is required.
28.	Proof of transmittal of notice to State Planning Commission for development of property which exceeds 150 acres or 500 dwelling units.
29.	Proof of submission to Historic District Commission, if required.
30.	Proof of submission of application to construction official for soil removal permit, if required.
30a.	30a. A stormwater management plan per Article V Section 30-139, Requirements for a Stormwater Control Plan [Added 12-19-2005 by Ord. No. 2005-004]
FOR FINAL SITE PLAN IN ADDITION TO ALL ITEMS LISTED ABOVE, PLEASE INCLUDE THE FOLLOWING:
31.	Engineer's estimate of cost of the proposed improvements (sanitary sewer, drainage, pavement and landscaping)
32.	New Jersey Department of Transportation approval for access and drainage or other improvements.
33.	New Jersey Department of Environmental Protection for stream encroachment permits.
34.	All conditions of the Somerset County Planning Board final approval met.
35.	Special approvals (utilities, etc.).
36.	Brown line sepia of final approved site plan with all revisions and corrections.
37.	All easements and dedications necessary to implement the plan.

IF ANY ITEMS ARE UNANSWERED, EXPLAIN OR IF THEY ARE NOT APPLICABLE, INSERT N/A.

Person Preparing Checklist:

Dated:

Design standards. In reviewing any site plan, the Planning Board shall consider:

(1)

The design and arrangements of proposed buildings and parking areas shall provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, and the visual and functional impact of the proposal on surrounding development and contiguous and adjacent buildings and lands.

(2)

The design and arrangements of proposed buildings and parking areas shall provide to the greatest extent possible the preservation of existing natural resources on the site.

(3)

Buffering shall be located around the perimeter of the site to minimize the impact of headlights of vehicles, noise, light from structures, the movement of people and vehicles, and to shield activities from adjacent properties when necessary. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives.

(4)

Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking, and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.

(5)

Sanitary waste disposal and water supply shall be reviewed by the Borough Engineer. Particular emphasis shall be given to the adequacy of existing systems, and the need for improvements both on site and off site, to meet sewage needs and to maintain an adequate supply of water at sufficient pressure.

(6)

Surface drainage and soil erosion and sediment control proposals shall be reviewed by the Borough Engineer. Surface drainage from the site shall be minimized.

(7)

The design and arrangement of pedestrian and vehicular traffic movement within and adjacent to the site shall be reviewed with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads within the site, between buildings, and between buildings and vehicles. For example, large parking areas should be subdivided by landscaped aisles for traffic control, pedestrian safety and aesthetic considerations.

The Planning Board shall ensure that all parking spaces are useable, and safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a convenient and safe ingress and egress to the site.

(8)

Signs shall be designed so as to be harmonious with other signs on the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.

(9)

Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting stanchions shall be a type approved by the Planning Board. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.

(10)

Garbage disposal provisions shall be reviewed to ensure adequate storage facilities, vermin and rodent control, and aesthetic considerations. All systems shall meet municipal specifications as to installation and construction.

Related standards.

(1)

The requirements contained in the Zoning Ordinance as they relate to circulation, parking, performance standards, location of structures, setbacks, yards, bulk, height and coverage shall apply to site plan approval.

(2)

The design criteria established in the Subdivision Ordinance shall apply, where appropriate, to site plan approval.

Critical area impact statement. Site plans submissions for any new construction located on sites of five acres or more and within or encompassing any "Critical Area" of the Borough, shall be accompanied by a Critical Area Impact Statement. Critical areas shall include stream corridors, streams, wetlands, flood plains, areas of high water table, areas of highly erodible soils, slopes in excess of 25%, and areas of mature woodlands. Such areas are identified in the Borough Natural Resources Inventory of latest issue. Critical Area Impact Statement shall include:

(1)

An identification of the critical area or areas involved.

(2)

A description of the probable environmental impact upon the critical area or areas.

(3)

A listing of any environmental impact that cannot be avoided.

(4)

A description of environmental protective measures, procedures and/or schedules proposed to minimize any adverse environmental impact.

(5)

A listing of all licenses, permits and other approvals required by municipal, county or State law and the status of each.

Economic impact statement. When, in the opinion of the Planning Board, a site plan submission may have a significant impact on community facilities and services, said Board may require the applicant to submit an Economic Impact Statement. The purpose of such a statement would be to assist the Planning Board in assessing the demand for public and private facilities and services that may be generated and thereby assist in any necessary planning to help meet such demand. If requested, the Economic Impact Statement shall include:

(1)

The projected demand for municipal services that may be required by the proposed project including such items as police protection and traffic control, public school demand, sewer and water needs, etc.

(2)

The projected housing demand of its employees by probable unit cost and size, and

(3)

The projected demand for other facilities and services that may be generated by the proposed project.