[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:
a.
Preservation of existing natural resources on the site;
b.
Safe and efficient vehicular and pedestrian circulation, parking
and loading;
c.
Screening, landscaping and location of structures;
d.
Exterior lighting needed for safety reasons in addition to requirements
for streetlighting;
e.
Provisions ensuring:
1.
Consistency of the layout or arrangement of the land development
with the requirements of the zoning ordinance;
2.
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;
3.
Adequate water supply, drainage, shade trees, sewerage facilities
and other utilities necessary for essential services to residents
and occupants;
4.
Suitable size, shape and location for any area reserved for public
use pursuant to C. 40:55D-44;
5.
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.
6.
Regulation of land designated as subject to flooding pursuant to the stormwater control ordinance of the Township (Chapter 16 of this code).
7.
Protection and conservation of soils from erosion by wind or water
or from excavation or grading;
f.
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;
g.
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;
h.
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.
a.
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.
b.
The secretary to the approving authority shall transmit a copy to
the Township Engineer.
c.
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:
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Union County Planning Board
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Township Engineer
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Department of Health
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Plumbing Subcode Office
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Police Department
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Fire Department
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Zoning Officer
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Department of Public Properties
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Township Clerk
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Tax Collector
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General Downtown Redevelopment Planning Subcommittee
[Added 7-24-2018 by Ord. No. 2018-19] |
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
a.
Preliminary approval of a site plan shall, except as provided in
Subsection a4, confer upon the applicant the following rights for
a three year period from the date of the preliminary approval;
1.
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.
2.
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.
3.
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.
4.
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 a1, 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:
(a)
The number of dwelling units and nonresidential floor area permissible
under preliminary approval;
(b)
Economic conditions, and
(c)
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;
(aa)
The number of dwelling units and
nonresidential floor area permissible under preliminary approval,
and
(bb)
The potential number of dwelling units and nonresidential floor
area of the section or sections awaiting final approval,
(cc)
Economic conditions and
(dd)
The comprehensiveness of the development; provided that if the
design standards have been revised, such revised standards may govern.
a.
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.
b.
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.
c.
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.
d.
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:
1.
That detailed drawings and specifications met all applicable codes
and ordinances;
2.
The final plans are substantially the same as the approved preliminary
site plan;
3.
All improvements have been installed or bonds posted to ensure the
installation of improvements;
4.
The applicant agrees in writing to all conditions of final approval;
5.
Proof has been submitted that all taxes and assessments for local
improvements on the property have been paid.
a.
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:
1.
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.
2.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
a.
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.
b.
Performance and maintenance bonds shall be released subject to approval
by the Township Engineer and the Township council.
c.
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.
a.
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.
b.
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 Subsection a 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:
a.
Grant final site plan approval only for designated geographic sections
of the development;
b.
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;
c.
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]
a.
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:
1.
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.
2.
Date, reference meridian (north arrow), graphic scale.
3.
Entire tract shown.
4.
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.
5.
Names and addresses of adjoining owners.
6.
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.
7.
Zone and zone boundaries, if applicable.
8.
Tax Map identification (sheet number, lot and block numbers)
9.
Boundaries and dimensions of property.
10.
Location of existing buildings and structures, including fences and
retaining walls.
11.
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.
12.
Location, name and width of right-of-way, pavements, curbs and sidewalks
of all abutting streets.
13.
Location, size and slope of existing and proposed sanitary sewers.
14.
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.
15.
Location (including setbacks from property lines) and use of all
proposed buildings and structures and the existing ones to remain.
16.
Land coverage by buildings in square feet and percent of total site.
17.
Size and location of existing and proposed driveways and curb cuts.
18.
Location and scaled design of any off-street parking areas.
19.
Size, location and number of parking bays, size and location of aisles,
planting areas and directional traffic flow.
20.
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.
21.
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:
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Area
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Average Maintained Foot-candles
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Parking Lots:
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Shopping centers
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1.5 - 5
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Retail businesses
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1.0 - 4.0
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Industrial
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0.5 - 1.0
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Residential, multifamily
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0.4 - 1.0
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Access Driveways:
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Shopping centers
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2.0 - 3.0
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Retail businesses
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1.0 - 3.0
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Industrial
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1.0 - 3.0
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Park area and pedestrianways
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0.4
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Sidewalks
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0.5
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Intersections
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2.0 - 5
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Other areas
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As determined by individual study
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In general, the areas most frequently utilized shall be more
intensely lit, with lighting levels decreasing as usage decreases.
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All lighting shall be designed to meet the following minimum
criteria:
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(a)
All lighting from fixtures shall be cut off at property lines
adjoining residential areas and zones.
(b)
Fixtures shall provide cutoffs so that the lamp or refractor
is not visible from adjoining roadways or residential areas and zones.
(c)
Sky glow effects are prohibited.
(d)
Maximum desirable luminaire mounting heights shall be 30 feet.
(e)
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.
22.
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.
23.
Existing and proposed drainage including inlets and sizes and slopes
of the storm sewer and retention/detention system, with calculations.
24.
Sign locations and size of each.
25.
Existing and proposed surface paving, showing grades and type.
26.
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.
27.
Permits from the Department of Environmental Protection, Division
of Water Resources, if applicable.
28.
Permit from Department of Transportation, if applicable.
29.
Filing fee.
30.
Appropriate place for the signatures of the Chairman and Secretary
of the approving authority and Township Engineer.
31.
Location, size and nature of all existing and proposed rights-of-way,
easements, and all other encumbrances.
32.
Provisions for the handicapped in accordance with barrier-free design
regulations.
33.
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.
34.
Provision for recyclable materials, refuse and garbage disposal.
35.
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.
36.
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.
37.
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:
a.
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.
b.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
Parking lots providing in excess of 50 parking spaces shall meet
the following additional requirements:
(a)
Driveways shall be separated from parking stalls and aisles
by raised curbed islands which shall be a minimum of five feet wide.
(b)
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.
(c)
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.
(d)
All islands required herein shall be landscaped and grassed.
8.
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.
9.
In the B-2 Zone, the approving authority shall require the installation
of all brick or combination of concrete and brick walkways.
c.
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.
d.
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)
e.
Any area reserved for public use shall be of suitable size, shape
and location to serve its intended purpose.
f.
Adequate protection and conservation of soils through an erosion
and sedimentation control plan.
g.
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.
a.
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.
b.
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.
c.
The developer shall provide for payment of its pro-rata share, allocated
in conformance with the standards set out in Subsections e1, 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.
d.
Methods of Implementation.
1.
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.
2.
Cash Contributions, When Not Required. Cash contributions for off-tract
improvements shall not be required under the following conditions:
(a)
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
(b)
Where a special assessment is imposed upon the applicant for
the off-tract improvement provided, or
(c)
Where the applicant, where legally permissible, chooses to undertake
the improvements in lieu of the municipality.
3.
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.
4.
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.
e.
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:
1.
The total estimated cost of off-tract improvements;
2.
The increase in market values of the properties affected and any
other benefits conferred;
3.
The needs created by the application;
4.
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;
5.
The estimated time for construction of the off-tract improvements;
and
6.
The condition and periods of usefulness of the improvements which
may be based upon the criteria of N.J.S.A. 40A:2-22.
f.
Where an off-tract improvement is required, the following criteria
shall be utilized in determining the proportionate share of such improvement
to the applicant:
1.
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.
2.
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.
3.
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.
4.
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.
5.
The approving authority shall require, as a condition of final approval
of the site plan that:
(a)
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
(b)
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 Subsection a above, the estimated amount by which the site plan will be specially benefited by the improvement.
(c)
All cost estimates shall be prepared by the applicant's engineer
and shall be subject to review and approval by the Township Engineer.
(d)
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.
(e)
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]
a.
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.
b.
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.
