[Ord. No. 77-32]
This chapter shall be known and may be cited as "The Site Plan Review Ordinance of the Township of Scotch Plains."
All terms used in this chapter shall be as defined in the Zoning Ordinance of the Township of Scotch Plains as amended and supplemented.
The purpose of this chapter is to provide rules, regulations and standards to guide the development of land sites in the Township of Scotch Plains, other than for detached one and two-family dwellings, in order to promote the public health, safety, convenience and general welfare of the municipality. It includes standards and requirements limited to:
Preservation of existing natural resources on the site;
Safe and efficient vehicular and pedestrial circulation, parking and loading;
Screening, landscaping and location of structures;
Exterior lighting needed for safety reasons in addition to requirements for streetlighting;
Consistency of the layout or arrangement of the land development with the requirements of the zoning ordinance;
Streets in the land development of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings and coordinated so as to compose a convenient system consistent with the Official Map, if any, and the circulation element of the master plan, if any, provided that no street of a width greater than 50 feet within the right-of-way lines shall be required unless said street constitutes an extension of an existing street of the greater width or already has been shown on the master plan at the greater width or already has been shown in greater width on the Official Map;
Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants;
Suitable size, shape and location for any area reserved for public use pursuant to C. 40:55D-44;
Reservations pursuant to C. 40:55D-43, of any open space to be set aside for use and benefit of the residents of planned development resulting from the application of standards of density or intensity of land use contained in the zoning ordinance of the Township.
Regulation of land designated as subject to flooding pursuant to the stormwater control ordinance of the Township (Chapter 16 of this code).
Protection and conservation of soils from erosion by wind or water or from excavation or grading;
Provisions governing the standards for grading, improvement and construction of streets or drives and for any required walkways, curbs, gutters, streetlights, shade trees, fire hydrants and water, and drainage and sewerage facilities and other improvement as shall be found necessary and provisions ensuring that such facilities shall be completed either prior to or subsequent to final approval of the site plan;
Provisions ensuring that the site plan shall conform to the applicable provisions of the zoning ordinance (Chapter 23 of this code) and other applicable ordinances;
Provisions ensuring performance in substantial accordance with the final development plan, provided that the approving authority may permit a deviation from the final plan if caused by change of conditions beyond the control of the developer since the date of final approval, and provided that the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the master plan and zoning ordinance.
The provisions of this chapter shall be administered by the approving authority in accordance with Chapter 291, P.L., 1975, C. 40:55D-37, et seq., except where the approving authority has jurisdiction over a site plan pursuant to the provisions of the aforesaid statute and pursuant to the provisions of Chapter 19 of this code.
[Ord. No. 77-32; Ord. No. 89-4]
The rules, regulations and standards set forth in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. Any action taken by the approving authority under the terms of this chapter shall give primary consideration to such matters and to the welfare of the entire community. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of this chapter is impracticable or will exact undue hardship, the approving authority may permit such waivers as may be reasonable, with the general purpose and intent of the rules, regulations and standards established by this chapter.
In cases where alterations will not change the nature of the use or exterior dimensions of any existing building or buildings, structure or structures, and in cases where any change in use from one permitted use to another permitted use in any business zone will not require the application of more restrictive provisions of the zoning ordinance (Chapter 23 of this code) than those which applied to the use being changed, the site plan review committee of the approving authority or the Zoning Officer may pass upon same and waive the requirements, for site plan review in order that minor alterations or such changes in use, which otherwise comply with the zoning ordinance may be expedited.
In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with the development, the running of the period of approval under this chapter or under any ordinance repealed by this chapter, as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with this chapter and municipal development regulations, and, if such application for development complies with municipal development regulations, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.
In the event that development proposed by an application for development requires an approval by a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the municipality shall make a decision on any application for development within the time period provided in this act or within an extension of such period as has been agreed to by the applicant unless the municipal agency is prevented or relieved from so acting by the operation of law.
If the master plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins, parks, or other public areas within the proposed development, before approving a site plan, the approving authority may further require that such streets, ways, basins, parks or areas be shown on the plan in locations and sizes suitable to their intended uses. The approving authority may reserve the location and extent of such streets, ways, basins, parks or areas shown on the plan for a period of one year after the approval of the final plan or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the Township 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, parks, or areas, the developer shall not be bound by such reservations shown on the plan and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets, and roads, flood control basins or public drainageways necessitated by the land development and required for final approval.
The developer 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 pro-rated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering, or other professional services incurred in connection with obtaining site plan approval caused by the reservation.
Upon the submission to the approving authority of an application for development showing development proposed for an area reserved on the master plan (or Official Map), the secretary of the approving authority shall notify the Township council in writing of such application and that the approving authority intends to grant approval for said development in the reserved area unless the Township council notifies the approving authority prior to the date for final approval that it intends to reserve the area in question and will provide compensation to the developer for such reservation. Such notice of intent to reserve shall be in the form of a resolution by the Township council which shall thereupon proceed either to reach an agreement with the developer as to the amount of compensation to be paid for such reservation, or negotiate a purchase price for the reserved area. Upon the Township council arriving at the amount to be paid to the developer by way of compensation for reservation or purchase, said amount shall be deposited in escrow for the benefit of the developer.
The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the approving authority or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be for the subdivision, conditional use, or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
No approval shall be granted a site plan until proof has been submitted that no taxes or assessments for local improvements are due or delinquent on the property for which site plan approval is sought.
[Ord. No. 77-32; Ord. No. 90-23]
A public hearing shall be held on all applications for site plan approval.
Rules governing hearings, notices and appeals shall be found in Chapter 19 of this code.
[Ord. No. 77-32; Ord. No. 85-31; Ord. No. 89-2; Ord. No. 90-23; Ord. No. 98-31]
Prior to the issuance of any building permit, zoning permit, or certificate of occupancy, or granting of a variance or permitting of a conditional use as the case may be for any site development as hereinbelow indicated, a site plan shall be submitted to the Planning Board for its review and approval by resolution under this chapter; provided that the resolution of the zoning board of adjustment shall substitute for that of the Planning Board whenever the zoning board of adjustment has jurisdiction over a site plan pursuant to Township ordinances.
For the purposes of this chapter, site development shall consist of the construction of, any building or structure or alteration of existing buildings or any change in use, except for (1) a detached one-family dwelling, (2) a detached two-family dwelling, if such is permitted by a zoning variance, and (3) secondary buildings or structures for one or two-family dwellings permitted by the zoning ordinance. Site development shall also include the construction of parking areas and driveways for more than two vehicles and the regrading, removal of vegetation or displacement of soil in an area of over 5000 square feet except in connection with a one or two-family dwelling involving a single lot.
Applicants for preliminary site plan approval shall be encouraged to submit for review by the administrative officer, plans for informal discussions and recommendations. The sketch site plan shall be used as a basis for changes and redesign to avoid undue expense and delay in preparing more detailed plans and specifications. The administrative officer shall not be governed by any statutory time limits in his review of sketch site plans and it is expressly understood that compliance with the administrative officer's recommendations shall not bind the approving authority in subsequent deliberations.
Neither the approving authority nor the developer shall be bound by any discussions or statements made during such informal review; provided that the right of the developer at any time to submit a complete application for site plan approval shall not be limited by his submission of a sketch plat and the time for the approving authority's decision shall not begin to run until the submission of a complete application.
The applicant shall submit to the secretary to the Planning Board, at least 20 copies of the site plan, together with such application forms and fees as well as five copies of any additional engineering documents as required by the Board. If the application is to be heard by the zoning board of adjustment, the required number of plats, applications and fees shall be submitted to the secretary to the zoning board of adjustment in accordance with Chapter 19, Land Use Procedures. However, prior to the submission of the site plan, the developer may request a discussion with the approving authority on the basis of a sketch site plan, with any conclusions reached not to be binding, and with notice and hearing requirements not applying. The time for the approving authority's review shall not begin to run until the submission of a complete application with required fees.
The secretary to the approving authority shall transmit a copy to the Township Engineer.
Copies of the site plan shall be forwarded by the secretary to the approving authority prior to the meeting of the respective board, to the following agencies for review and report and where required, approval as follows:
If the site plan review committee of the approving authority advises the approving board that the application is complete, the developer shall be notified as to the date of the next available meeting of the Board at which time the application will be considered and public hearing held thereon. The applicant shall give notice to all persons entitled to notice of the hearing on the application in accordance with Chapter 19, Land Use Procedures. Public notice shall be given by publication in the official newspaper of the Township at least ten days prior to the date of the hearing.
The zoning board of adjustment shall, following public hearing (as specified in the Chapter 19, Land Use Procedures), if the proposed development complies with this chapter and C. 40:55D-37, grant preliminary site plan approval. If the application for development is under the jurisdiction of the zoning board of adjustment, the hearing, review, and approval procedures shall be included with and subject to the same requirements as for a zoning variance.
If the approving authority requires any substantial amendment in the layout of improvements proposed by the developer that have been a subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development.
Upon the submission of a complete application for site plan of ten acres of land or less, the approving authority shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for site plan of more than ten acres, the approving authority 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 approving authority shall be deemed to have granted preliminary approval of the site plan.
Whenever review or approval of the application by the county Planning Board is required by Section 8 of P.L. 1968, C. 285 [C. 40:27-6.6], the Township approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county Planning Board or approval by the county Planning Board by its failure to report thereon within the required time period.
Preliminary approval of a site plan shall, except as provided in paragraph 4 of this subsection, confer upon the applicant the following rights for a three year period from the date of the preliminary approval;
That the general terms and conditions on which preliminary site plan approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and on-site and off-tract improvements; and any requirements peculiar to such preliminary site plan approval. However, nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
That the applicant may submit for final approval on or before the expiration date of preliminary site plan approval, the whole or a section or sections of the preliminary site plan.
That the applicant may apply for and the approving authority, as the case may be, may grant extensions on such preliminary site plan approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance such revised standards may govern.
In the case of a site plan for an area of 50 acres or more, the approving authority may grant the rights referred to in subsections 1, 2, and 3 above for such period of time, longer than three years, as shall be determined by the approving authority to be reasonable taking into consideration:
The number of dwelling units and nonresidential floor area permissible under preliminary approval;
Economic conditions, and
The comprehensiveness of the development.
The applicant may apply for thereafter and the approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable taking into consideration;
The number of dwelling units and nonresidential floor area permissible under preliminary approval, and
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval,
Economic conditions and
The comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
The approving authority shall grant final approval of the site plan if the detailed drawings, specifications and estimates of the application for final site plan approval conform to the standards established by this ordinance for final approval, the conditions of preliminary approval provided that in the case of a planned unit development, planned unit residential development, or residential cluster, the approving authority may permit minimal deviations from the conditions of preliminary site plan approval necessitated by change of conditions beyond the control of the developer since the date of preliminary site plan approval without the developer being required to submit another application for development for preliminary approval.
Final site plan approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final site plan approval and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
Whenever review or approval of the application by the county Planning Board is required by Section 8 of P.L. 1968, c. 285 (C. 40:27-6.6), the approving authority shall condition any approval that it grants upon timely receipt of favorable report on the application by the county Planning Board or approval by the county Planning Board by its failure to report thereon within the required time period.
The approving authority shall, within the applicable time period set forth in this chapter, after public meeting approve the application for final site plan approval with or without conditions, provided that the following requirements are met:
That detailed drawings and specifications met all applicable codes and ordinances;
The final plans are substantially the same as the approved preliminary site plan;
All improvements have been installed or bonds posted to ensure the installation of improvements;
The applicant agrees in writing to all conditions of final approval;
Proof has been submitted that all taxes and assessments for local improvements on the property have been paid.
As a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to C.40:55D-65d, the approving authority shall require and shall accept in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract improvements:
The furnishing of a performance guarantee in favor of the Township of Scotch Plains in an amount not to exceed 120 percent of the cost of installation for improvements it may deem necessary or appropriate including: streets, grading, pavement, surveyors monuments, gutters, curbs, sidewalks, streetlighting, shade trees, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal drainage structures, erosion control and sedimentation control devices, public improvements, other on site improvements and landscaping; provided that no more than ten percent of the total performance guarantee shall be required to be in cash, and the balance shall be in the form of a bond from a bonding company licensed to conduct business in the State of New Jersey or an irrevocable, unconditional letter of credit, or other form as may be approved by the approving authority's attorney. Nothing herein shall preclude the applicant from posting a guarantee consisting solely of cash, but no applicant shall be required to post more than ten percent of such guarantee in cash. A letter of credit shall be for such term as required by the Township Engineer and shall be renewable for such additional terms as required by the Township Engineer. All such guarantees shall be subject to the review and approval of the Township Attorney and Township council as to form and substance.
The Township Engineer shall review the cost estimate for the site improvements required in sub-section 21-5.1a, 37 to ascertain that it is in keeping with current public bid costs for such work. Upon the Township Engineer's approval of the cost estimate, with revisions if necessary, it shall be the basis for determining the amount of the performance guarantee, maintenance guarantee, and construction and final inspection escrow required by the approving authority.
Provision for a maintenance guarantee to be posted with the Township council for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15 percent of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Township council by resolution. As a condition, or as part of any such extension, the amount of any performance guarantee shall be increased or reduced as the case may be, to an amount not to exceed 120 percent of the cost of the installation as determined as of the time of the passage of the resolution.
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements, not completed or corrected and the Township may either prior to or after the receipt of the proceeds thereof complete such improvements.
When all of the required improvements have been completed, the obligor shall notify the Township council in writing, by certified mail addressed in care of the municipal Clerk of the completion of the improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township Engineer shall inspect all improvements and shall file a detailed report, in writing, with the Township council indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
The Township council shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of the Township council with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the Township council to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guarantee.
If any portion of the required improvements are rejected, the Township council may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in this section shall be followed.
At the time any performance or maintenance guarantee is deposited with the Township, and as a requirement to the acceptance of any such guarantee, the obligor shall provide all information requested by the Township Engineer (or other engineer retained by the Township) to enable the Township Attorney to prepare a performance bond or maintenance bond agreement and other required documents.
The cost of all site inspections shall be borne by the developer, with the fee for such inspection costs being in accordance with Chapter 19, subsection 19-3.4. Any existing provisions of the Revised General Ordinances of the Township of Scotch Plains which are inconsistent herewith are herewith repealed.
The installation of improvements as approved in the final site plan shall be subject to inspection by the Township Engineer, and final approval shall be revoked if there is a significant deviation from the site plan as approved.
Performance and maintenance bonds shall be released subject to approval by the Township Engineer and the Township council.
All improvements shall be completed in a timely manner so as not to leave the site in an unfinished or unsightly condition as determined by the Township Engineer, and if this is not done the final approval shall be deemed to be revoked, and the performance and maintenance bonds may be used by the Township to restore the site to an acceptable condition.
The zoning requirements applicable to preliminary approval first granted and all other rights conferred upon the developer pursuant to subsection 21-4.5, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final site plan approval, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final site plan approval terminates the time period of preliminary site plan approval pursuant to subsection 21-4.5 for the section granted final approval.
In the case of a site plan for a planned development of 50 acres or more, conventional site plan for 150 acres or more, or site plan for development of nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in paragraph a of this subsection for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval (2) economic conditions, and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions, and (4) the comprehensiveness of the development.
The approving authority may, as a condition of final site plan approval:
Grant final site plan approval only for designated geographic sections of the development;
Grant final site plan approval for certain work but require resubmission for final site plan approval for designated elements such as, but not limited to, landscaping, signs, street furniture, etc., and require final approval of these elements as a prerequisite for certificate of occupancy or zoning permit;
Condition the granting of a certificate of occupancy or zoning permit subject to the applicant or developer or subsequent heirs or assignees meeting certain requirements within a designated period of time, not to exceed one year, from the date of issuance of the certificate of occupancy or zoning permit. This may include, but is not limited to, the installation of landscaping, erection of signs, installation of improvements, reevaluation of circulation patterns, etc.
[Ord. No. 77-32; Ord. No. 89-2; Ord. No. 90-23]
Any site plan presented to the approving authority shall be drawn on a scale not smaller than one inch equals 50 feet and not larger than one inch equals ten feet, and shall include and show the following information with respect to the subject lot or lots:
Proper size sheet under N.J. Map Filing Act: 8 1/2 x 13, 30 x 42, 24 x 36 or 15 x 21 as measured from cutting edges, in inches.
Date, reference meridian (north arrow), graphic scale.
Entire tract shown.
Name of owner and name of applicant and interest in property. Certification by both the owner and applicant that the site plan has been submitted with their knowledge and consent.
Names and addresses of adjoining owners.
Name of licensed professional engineer, surveyor, architect or planner who prepared plans. Seal to be added of professional as required by State of New Jersey.
Zone and zone boundaries, if applicable.
Tax Map identification (sheet number, lot and block numbers)
Boundaries and dimensions of property.
Location of existing buildings and structures, including fences and retaining walls.
Existing topography and proposed grading at two feet contour intervals, floor elevation of all buildings and proposed finished grade elevations at the corners of any structure.
Location, name and width of right-of-way, pavements, curbs and sidewalks of all abutting streets.
Location, size and slope of existing and proposed sanitary sewers.
Wooded areas, plus location of single trees not in wooded area with a diameter of six inches or more as measured three feet above base of the trunk.
Location (including setbacks from property lines) and use of all proposed buildings and structures and the existing ones to remain.
Land coverage by buildings in square feet and percent of total site.
Size and location of existing and proposed driveways and curb cuts.
Location and scaled design of any off-street parking areas.
Size, location and number of parking bays, size and location of aisles, planting areas and directional traffic flow.
Location, size and type of all existing and proposed utility lines and structures, including, but not limited to, telephone, electric, water, sanitary sewer, gas, and cable television, and letters from each utility company or agency that the facilities are adequate to serve the site development.
Location, type and direction of illumination and time of proposed outdoor lighting, including all lighting standards and utility poles on abutting streets. Catalog cuts should accompany plat. Lumen power and shielding angle shown. Site lighting shall be provided in all areas accessible to the public in accordance with the following table:
All lighting from fixtures shall be cut off at property lines adjoining residential areas and zones.
Fixtures shall provide cutoffs so that the lamp or refractor is not visible from adjoining roadways or residential areas and zones.
Sky glow effects are prohibited.
Maximum desirable luminaire mounting heights shall be 30 feet.
A minimum uniformity ratio varying from six to one (6:1) for the intensely lit areas to ten to one (10:1) for the remote areas. The uniformity ratio shall be the ratio of the average to minimum intensity.
The applicant shall provide a manufacturer's computer print-out and/or specifications publication of the proposed average maintained foot-candles on the site.
Proposed fencing, screening, retaining walls, and landscaping, including a planting plan.
The planting plan shall, as a minimum, spot the location of all existing plantings to be retained and plantings to be established and shall contain a schedule, keyed to the plantings shown, calling out the type (common name and botanical name), size (height, spread and trunk diameter) at time of planting and at maturity and quantity of all plantings shown on the plan.
Existing and proposed drainage including inlets and sizes and slopes of the storm sewer and retention/detention system, with calculations.
Sign locations and size of each.
Existing and proposed surface paving, showing grades and type.
Approval of Soil Conservation District if the project results in a disturbance of more than 5,000 square feet of the surface area of land for the accommodation of construction for which the Uniform Building Code of the State of New Jersey would require a building permit, except that the construction of a single-family dwelling unit shall not be deemed a "project" under the Soil Erosion and Sediment Control Act unless such unit is part of a proposed site plan, special exception, zoning variance, planned unit development or building permit application involving two or more such single-family dwelling units.
Permits from the Department of Environmental Protection, Division of Water Resources, if applicable.
Permit from Department of Transportation, if applicable.
Appropriate place for the signatures of the Chairman and Secretary of the approving authority and Township Engineer.
Location, size and nature of all existing and proposed rights-of-way, easements, and all other encumbrances.
Provisions for the handicapped in accordance with barrier-free design regulations.
The architectural floor plans for each floor of the building or structure and elevations from all principal exposures of all buildings or structures on the sites, but not less than four with the name, address, and registration number of the licensed architect preparing the plans.
Provision for recyclable materials, refuse and garbage disposal.
The present and proposed number of units and number of tenants, employees, customers or occupants of each unit and a summary of the total number of each expected to be on the site each day.
The location of any other feature directly on the property and beyond the property, if such feature has an effect on the use of said property.
A complete list of the site improvements, except principal and accessory buildings by item, the quantities thereof to be constructed, and their probable construction cost.
[Ord. No. 77-32; Ord. No. 89-2; Ord. No. 90-23; Ord. No. 95-8]
Each site plan shall provide for the following:
Consistency of the development with the Township zoning ordinance except in those cases where application is being made to the approving authority for a variance from the terms and provisions of the zoning ordinance.
Safe and efficient vehicular and pedestrian circulation, parking and loading, including widening of public roads and the provision of acceleration and deceleration lanes where necessary. Parking spaces, lots and driveways or aisles shall comply with the following standards:
Parking spaces shall be a paved area clearly marked as an area at least nine feet wide by 18 feet long, exclusive of aisles, driveways and passageways, appurtenant thereto and giving access thereto.
Minimum aisle widths, for access between two rows of parking spaces, or a row of parking spaces and a curb or building shall be the following: For two-way traffic operation and right angled (90 degree) parking, 24 feet; for one-way traffic operation and right angled (90 degree) parking, 22 feet; for sixty (60 degree) angled parking, 18 feet; for 45 degree angled parking, 13 feet and for 30 degree angled parking, 12 feet. All driveways, except one and two-family dwellings, shall have a minimum width of 20 feet for two-way traffic operation and 12 feet for one-way traffic operation. All passageways shall have a minimum width of 24 feet for two-way traffic operation and 12 feet for one-way traffic operation. All others varying angles of parking and aisle, driveway and passageway widths must meet with the approval of the Township Engineer and approving authority.
Parking for the handicapped shall be provided in every parking lot. Such spaces measure 12 feet in width by 18 feet in length and shall be located close to barrier free walkways and entranceways.
Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless an additional two feet are provided in order to accommodate such overhang.
Except as otherwise provided in this section all parking lots and driveways in all zoning districts shall be paved in accordance with subsection 23-2.3l and curbed with granite blocks, except that in the R-2A, R-2B, M-1 and M-2 zones, concrete curbing may be installed in lieu of granite blocks.
Access to parking lots shall be designed so as not to obstruct free flow of traffic. There shall be adequate provision for ingress to and egress from all parking spaces to ensure ease of mobility, ample clearance, and safety of vehicles and pedestrians.
Parking lots providing in excess of 50 parking spaces shall meet the following additional requirements:
Driveways shall be separated from parking stalls and aisles by raised curbed islands which shall be a minimum of five feet wide.
In every third row of parking, the opposing stalls shall be separated by raised curbed islands which shall be a minimum of four feet wide.
Shade trees shall be installed in each island at a maximum of 40 feet on centers. At least one tree shall be planted within each island required herein.
All islands required herein shall be landscaped and grassed.
Parking lots containing less than 50 spaces shall be suitably landscaped to minimize noise, glare and other nuisance characteristics, as well as to enhance the environment and ecology of the site and surrounding area.
In the B-2 Zone, the approving authority shall require the installation of all brick or combination of concrete and brick walkways.
Exterior lighting for safety reasons, in addition to adequate streetlighting. Adequate lighting for parking areas and appurtenant parking areas and drive-ways as specified in subsection 21-5.1a, 21.
Adequate water supply, drainage, sewage facilities and other utilities necessary for essential service to residents and occupants. Standards for development in flood hazard areas, stormwater detention, and flood control uses within the floodway, improvements outside of flood hazard areas, improvements within flood fringe areas and stormwater runoff shall be as specified in the Stormwater Control Ordinance of the Township. (Chapter 16 of this code)
Any area reserved for public use shall be of suitable size, shape and location to serve its intended purpose.
Adequate protection and conservation of soils through an erosion and sedimentation control plan.
Compliance with standards for grading, improvement and construction of streets or driveways and for walkways, curbs, gutters, streetlights, shade trees, screening, fire hydrants and water, drainage, sewage facilities and other improvements as promulgated by the Township Engineer, which shall be on file in the office of the Township Engineer. Such improvements shall be installed by the developer and shall be subject to performance guarantee requirements and to maintenance guarantee requirements. Where certain utilities to be installed are under other governmental authority or jurisdictions they shall be adhered to by the developer. A letter approving the proposed installations by the Township Engineer and a statement by the applicant as to who will carry out the construction will be required.
The approving authority shall require, as a condition of final site plan approval, that the developer pay his pro-rata share of the cost of providing only 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 construction or improvements within such development. Such contribution for a developer's pro-rata share shall only be required where the off-tract improvements are to be constructed pursuant to provisions of the circulation and comprehensive utility service plans included in the master plan of the Township. The developer shall either install the improvements or contribute his pro-rata share of the costs, at the option of the developer. If the developer installs the improvements, he shall be compensated for all but his pro-rata share of the cost of the improvements.
The developer shall pay the full cost of all off-tract improvements required by the approving authority if such off-tract improvements are wholly necessitated by the proposed development and the improvements do not benefit any land other than the land within the site plan.
The developer shall provide for payment of its pro-rata share, allocated in conformance with the standards set out in subsections e, 1, 2, 3, and 4 hereof, of all off-tract improvements required by the approving authority if such improvements are wholly or partially necessitated by the proposed development and said improvements benefit lands other than those within the site plan.
Methods of Implementation.
Performance and Maintenance Guarantees. Where a performance or maintenance guarantee or other surety is required in connection with an off-tract improvement, applicant shall be required to follow the same procedures and requirements as specified in this ordinance for other improvements.
Cash Contributions, When Not Required. Cash contributions for off-tract improvements shall not be required under the following conditions:
Where a county or State agency has jurisdiction over the subject improvement and requires a cash contribution, guarantee or other surety of the applicant, or
Where a special assessment is imposed upon the applicant for the off-tract improvement provided, or
Where the applicant, where legally permissible, chooses to undertake the improvements in lieu of the municipality.
Cash Contributions, Method of Payment. Where a cash contribution is required by this chapter, the contribution shall be deposited with the treasurer of the Township, in an escrow account for the purpose of undertaking the improvements specified.
Any money received by the treasurer of the Township for off-tract improvements to be constructed or installed by the Township pursuant to the provisions of this section shall be deposited in a suitable depository therefor and shall be used only for the improvements for which they are deposited or improvements satisfying the same purpose. If construction of improvements for which the Township is responsible has not commenced within five years from the date of deposit, the amount deposited together with any interest thereon shall be returned to the developer or his successor in interest.
Pro-Rata Formula for Determining Applicant's Share of Off-Tract Improvements. In determining the allocation of costs for off-tract improvements as between the developer, other property owners and the Township, the approving authority shall be guided by the following factors:
The total estimated cost of off-tract improvements;
The increase in market values of the properties affected and any other benefits conferred;
The needs created by the application;
Population and land use projections for the land within the general area of the site plan and other areas to be served by the off-tract improvements;
The estimated time for construction of the off-tract improvements; and
The condition and periods of usefulness of the improvements which may be based upon the criteria of N.J.S.A. 40A:2-22.
Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:
Street improvements including: street widening, alignment, corrections, channelization of intersections, constructions of barriers, new or improved traffic signalization, signs, curbs, sidewalks, utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements: The applicant's proportionate share shall be in the ratio of the estimated peak hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak hour traffic capacity of the present facility, and the estimated peak hour traffic generated by the proposed development. The ratio thus calculated shall be increased by ten percent for contingencies.
Water distribution facilities including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith: The applicants proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties in gallons to the sum of the deficiency in gallons per day for the exiting system or sub-system and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased ten percent for contingencies.
Sanitary sewage distribution facilities including the installation, relocation, or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith: The applicant's proportionate cost shall be in the ratio of the estimated daily flow in gallons to the sum of the present deficient capacity for the existing system or sub-system and the estimated daily flow from the proposed project or development. In the case where the peak flow for the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minute. The greater of the two ratios thus calculated shall be increased by ten percent for contingencies and shall be the ratio used to determine the cost to the applicant.
Stormwater and drainage improvements, including installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of other appurtenances associated therewith: The applicant's proportionate cost shall be in the ratio of the estimated peak surface run-off as proposed to be delivered into the existing system measured in cubic feet per second deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by ten percent for contingencies. The applicant's engineer shall compute the drainage basin area and the area of development and the percent of the total drainage basin area occupied by the development. Where no drainage system exists which will receive the flow of surface water from the applicant's development, applicant shall furnish all drainage rights-of-way deemed to be necessary by the approving authority.
The approving authority shall require, as a condition of final approval of the site plan that:
If the improvement is to be constructed by the Township as a general improvement, the developer shall deposit with the treasurer of the Township an amount equal to the difference, if any, between the estimated cost of the improvement and the estimated total amount by which all properties, including the site plan to be serviced by the improvement, will be specially benefited by the improvement; or
If the improvement is to be constructed by the Township as a local improvement, the developer shall deposit with the treasurer of the Township, in addition to the amount specified in paragraph a above, the estimated amount by which the site plan will be specially benefited by the improvement.
All cost estimates shall be prepared by the applicant's engineer and shall be subject to review and approval by the Township Engineer.
Apart from off-site improvements required due to deficiencies in the existing sanitary sewer system, the developer shall be required to purchase usage of the existing sanitary sewer system in accordance with subsection 12-4.5b.
Upon completion of any improvement constructed by the Township as a general or local improvement, the total cost of such improvement shall be determined by the ordinance providing or such improvements. The difference between the actual cost as so determined and the estimated cost shall be computed. The developer or his successor in interest shall make remittance to the Township of Scotch Plains, if the actual cost exceeds the estimated cost, or shall receive a refund from the funds deposited with the Township if the estimated cost exceeds the actual cost, in an amount which bears the same relationship to the difference between the actual and estimated costs as the amount deposited by the developer for his proportionate share of the estimated cost bears to the total estimated cost. Any sum payable by the developer or his successor in interest may be levied and collected by the Township in the same manner as is provided by law for the levy and collection of real estate taxes.
[Ord. No. 77-32; Ord. No. 87-6; Ord. No. 89-3]
[Ord. No. 77-32]
Information and documents for other Township codes and ordinances shall be submitted as part of site plan approval and may be used to comply with site plan submission requirements where applicable.
The site plan review committee of the approving authority may waive submission of any required exhibits in appropriate cases and for specific site plans.
Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit or certificate of occupancy, as the case may be, shall be construed to be a violation of this chapter and shall be grounds for the revocation of any building permit or certificates of occupancy as the case may be. Written notice of revocation, sent by certified mail, by the construction official, requiring compliance with the conditions of site plan approval within a period of time of not less than five days, shall effectively revoke any building permit or certificate of occupancy, as the case may be, if compliance shall not be made within the time limit set.
[Ord. No. 85-31; Ord. No. 90-23]
Airport Standards. Development shall conform with standards promulgated by the Commissioner of transportation pursuant to "Air Safety and Hazardous Zoning Act of 1983," P.L. 1983 C. 260 (C.6:1-80 et seq.) for any airport hazard area delineated under that act.
Location Optional, Air Safety and Hazardous Zoning Act of 1983. All airport hazard areas delineated under the "Air Safety and Hazardous Zoning Act of 1983" P.L. 1983 C. 260 (C. 6:1-80 et seq.) shall be administered under standards promulgated by the Commissioner of transportation.