[Amended in its entirety 1-18-83 by Ord.
No. 1090]
A.
The purpose of this Article of the Development Ordinance is to provide
a review of site plans of certain construction in the municipality
in order to comply with N.J.S.A. 40:55D-2 and N.J.S.A. 40:55D-41 of
the Municipal Land Use Law.
B.
All applications to the Zoning Officer for a building permit for
all uses and/or construction other than one single-family detached
residential use or one detached two-family residential use and/or
permitted accessory uses (unless such dwelling is part of a residential
development in construction or planned for construction) shall be
made for a site plan approval subject to the standards herein specified.
D.
This Article shall not limit the requirements for submission of any
variance process or subdivision plans for subdivision approval as
otherwise provided by an ordinance in existence or any ordinance hereinafter
enacted in the municipality, nor shall site plan approval be required
as to any major subdivision as to which final approval has been given
prior to the effective date hereof and if building permits relating
to such subdivisions are secured prior to the passage of this Article.[2]
The approval provisions of this Article shall be administered
by the Planning Board.
A.
Prior to the issuance of a building permit or certificate of occupancy
for any new structure or use, change in structure or use, construction
of or addition to a parking lot or use of vacant land as a parking
lot which is not accessory to a one- or two-family use, conversion
of a one- or two-family dwelling to three or more units, change in
use of any nonresidential use or for any new multifamily structure
or use, a site plan shall be reviewed, approved or waived as hereinafter
provided by the approving authority. Detached one- and two-family
dwellings used exclusively as residences are specifically excluded
from the site plan requirement.
B.
The Planning Board may waive certain site plan content requirements if the proposed construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting or other considerations of site plan review, and further provided that all requirements of the zoning regulations (Articles XVIII, XIX and XXI) are met. The Planning Board may waive the requirement for a public hearing, at its discretion on any application.
C.
The Planning Board, when acting upon applications for site plan approval,
shall have the power to grant such exceptions from the requirements
for site plan content as may be reasonable and within the general
purpose and intent of these provisions if the literal enforcement
of one or more provisions of this Article is impracticable or will
exact undue hardships because of peculiar conditions pertaining to
the land in question.
No certficiate of occupancy shall be given unless all construction
and development conforms to the approved site plan, as the same may
have been formally revised or amended by the Planning Board Resolution.
A.
All site plans shall provide the following minimum plat details in
order to be reviewed for classifications and approval:
(1)
A scale of not less than 20 feet to the inch. All distances shall
be in feet and decimals of a foot, and all bearings shall be given
to the nearest ten (10) seconds. The error of closure shall not exceed
one to 10,000.
(2)
The names of all owners of record of all properties within a distance
of 200 feet of the site plan parcel and the Tax Map block and parcel
numbers of all such properties, as certified by the City Tax Office.
(3)
The zone wherein the tract is located and boundaries of such zone.
Such features shall be shown on a separate map or as a key map. This
key map should emcompass a radius of 500 feet.
(4)
Existing and proposed boundaries of the property; building or setback
lines; and lines of existing streets, lots, reservations, easements
and areas all identified as to their dedication.
(5)
A copy of any existing or proposed covenants or deed restrictions
that are intended to cover all or any part of the tract, their location,
size and nature.
(6)
Location and dimension of existing and proposed buildings which shall
remain and all other structures such as walls, fences, culverts, bridges,
roadways, etc., with spot elevations of such structures. The outline
of structures that are to be removed shall be indicated by a dashed
line and those that are to remain shall be shaded.
(7)
Location of all existing and proposed utilities, sanitary sewers,
storm drainage facilities, including all inlets, whether publicly
or privately owned, with pipe sizes, type, grades and direction of
flow, in conformance with the standard of specifications of the municipality.
(8)
Existing and proposed contours at maximum intervals of two feet where
slopes are less than 10%, and at five feet when 10% or more, referred
to a datum as provided by New Jersey G&C.S. datum or by the Municipal
Engineer, to be indicated by a dashed line. Where any changes in contours
are proposed, finished grades should be shown as solid lines and spot
elevations may be added for clarity.
(9)
Location of existing rock outcrops, high points, watercourses, depressions,
ponds, marshes, wooded areas, single trees not in wooded area with
a diameter of six inches or more as measured three feet above the
base of the trunk, and other significant existing features, including
previous flood elevations of watercourses, pond and marsh areas as
determined by survey.
(10)
Title of development; North point; scale; name and address of
record owner; professional engineer, architect, land planner preparing
the site development plan, New Jersey license number; date of preparation
and all revisions. If applicant is a corporation, the names and addresses
of all corporate officers must be identified.
(11)
A survey prepared by a licensed surveyor of the State New Jersey
shall accompany the site plan and shall show the boundaries of the
parcel and the limits of all proposed streets, recreation areas and
other property to be dedicated to public use. The applicant shall
submit such other exhibits of an architectural or planning nature
as may be reasonably required by the Planning Board or as required
by any ordinance now in existence or any ordinance hereinafter enacted.
(12)
All existing and proposed streets with profiles indicating grading
and cross sections showing width of roadways, location and width of
sidewalk and curbs, according to the standards and specifications
of the municipality all within 200 feet of the site plan parcel.
(13)
The proposed use or uses of land and buildings and proposed
floor plans, elevations of buildings, location and dimensions of buildings,
including proposed grades at all corners of the building(s), setback
lines, yards, etc.
(14)
The location, type and size of all means of vehicular ingress
and egress, both existing and proposed, to public streets, showing
size and location of driveways, curb cuts and sidewalks, and the location
and width of all driveways on adjacent property within 200 feet of
the proposed site.
(15)
The location and design of any off-street parking areas or loading
areas, showing size and location of bays and spaces, aisles and barriers
and the total number of parking spaces and loading bays to be provided
and the basis of calculation of the spaces provided.
(16)
The location and size, grade and type of all proposed water
lines, valves and hydrants and of all sewer lines or alternative means
of water supply or sewage disposal and treatment in conformance with
the applicable standards of the State of New Jersey.
(17)
The proposed location, direction of illumination, power and
time of proposed outdoor lighting in conformance with the applicable
standards as may be applied by the Planning Board in conjunction with
the supplying utility companies.
(18)
The proposed screening and landscaping, including a planting
plan.
(19)
Proposed signs, fences, buffer areas and recreational areas
which shall be provided on the tract.
(20)
A written description of all proposed operations or activities
in sufficient detail to indicate their effects in producing traffic,
noise, glare, air or water pollution, fire or safety hazards and the
hours of operation.
(21)
Such other information or data as may be required by the Planning
Board in order to determine that the details of the site plan are
in accordance with the standards of this chapter and all other ordinances
of the municipality and, further, that the building or use will not
offend the public interest.
(22)
The Tax Map block and lot number, and sheet number of the lot
or lots involved in the site plan.
(23)
The location, size, nature and acreage (to the nearest tenth)
of the entire lot or lots in question, and any contiguous lots owned
by the applicant or in which the applicant has a direct or indirect
interest.
(24)
The location and elevation of the high-water mark of any water
body on or abutting the site in question, and the direction of flow
of any stream on or abutting the site, and a cross section of the
stream.
(25)
An appropriate place for the Planning Board Chairman and the
Secretary and the date of signature of approval.
(26)
The location, method of storage and method of disposal of solid
waste materials and provision for screening of same.
B.
The applicant, if requested by the Planning Board, shall submit a
proposed sequence of development with a projected time schedule for
completion of each of the several elements. Such projection shall
include, where applicable, the removal of structures, trees and brush,
temporary drainage considerations, utilities, road and sidewalk improvements
and provisions for the protection of topsoil.
C.
In the event that a plan of development shows common areas, property
and/or recreational facilities, then the Planning Board, as a condition
of site plan approval, shall establish conditions on the ownership,
use and maintenance of such areas, lands, property and facilities
for their intended purposes. The recorded covenants shall bind each
lot, to assure payment of all assessments, including taxes, which
may be necessary to maintain the common areas, property and/or facilities,
and shall also provide for a personal money judgment procedure against
each lot owner to meet assessment charges, including taxes, which
may be necessary to perpetually maintain such common property and/or
facilities.
[New]
A.
Twenty copies of a site plan for approval prepared in accordance with Section 53-60, together with 20 copies of the completed application forms, shall be submitted to the Secretary of the appropriate approving Board at least 14 days prior to the regularly scheduled meeting at which consideration is desired. The Secretary shall forward a copy of the site plan for preliminary approval to the Planning Consultant for review and comment, if deemed appropriate; however, the Planning Consultant shall examine the site plan to determine its conformance with requirements of this chapter and shall file a written report of their findings with the Secretary of the Planning Board.
[New]
B.
The Planning Board shall review the submission for its completeness
within 45 days of submission pursuant to N.J.S.A. 40:55D-10.3 and,
if incomplete, the applicant shall be notified in writing and the
material shall be returned to the developer for a resubmission at
least 14 days prior to a subsequent meeting. (N.J.S.A. 40:55D-10.3)
C.
Before any action is taken on any complete site plan, the Planning
Board may conduct a hearing with appropriate public notice as established
in this chapter. No action shall be taken until completion of the
public hearing, and the scheduling and notifications for the hearing
shall be in accordance with this chapter and the Act. (N.J.S.A. 40:55D-1
et seq.)
D.
If the Planning Board requires any substantial amendment in the layout
of improvements as proposed by the applicant and that plan has been
the 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.
E.
The Planning Board shall take action, after considering the results
of the public hearing and the recommendations made by municipal, state
and county officials or agencies, within the time period prescribed,
or the application for preliminary approval shall be deemed approved.
F.
If the Planning Board acts disfavorably on the completed application
for site plan approval, the applicant shall be so advised within 10
days of the date of the decision. (N.J.S.A. 40:55D-10)
G.
Upon the submission of a complete application for a site plan of
10 acres or less, the Planning Board shall grant or deny 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 a site plan of more than 10 acres, the
Planning Board shall grant or deny approval within 95 days of the
date of such submission or within such further time as may be consented
to by the applicant or as decreed by the Municipal Land Use Law. Otherwise,
the Planning Board shall be deemed to have granted approval of the
site plan.
H.
If approved as a site plan by majority vote of members of the Planning
Board present at the hearing, a notation to that effect and the signature
of the Chairman and Secretary will be made on the plan. The Planning
Board may condition such approvals on terms ensuring provision of
improvements pursuant to Sections 29, 29.1 and 41 of the Act (N.J.S.A.
40:55D-38, 55D-39, 55D-53) and/or favorable review by the County Planning
Board or approval by the County Planning Board by its failure to report
thereon within the required time period.
I.
One copy of the signed and approved site plan shall be forwarded
to the applicant within 10 days of memoralization of Resolution of
approval of said application.
The following criteria have been set forth as a guide for evaluating
the adequacy of proposed development in the City. The Planning Board
shall review the site plan for compliance with all applicable city
ordinances and the Master Plan; for harmony with surrounding uses
and the overall plan for development of the municipality; for the
promotion of the health, safety, order, efficiency and economy of
the municipality; for the maintenance of property values and for the
general welfare. Based upon its review and the degree to which it
can make positive findings, the Planning Board may approve, conditionally
approve, request modifications or deny approval of the site plan based
on the following:
A.
The site plan's compliance with all provisions of the zoning regulations, Articles XVIII, XIX and XXI of this chapter, including but not limited to off-street parking and loading, signs, lighting, open space and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration or heat.
B.
The site plan's compliance with all requirements and standards of
the subdivision regulations, including but not limited to standards
for construction, layout, dimensions and materials.
C.
An acceptable level of environmental impact of the development relating
to the preservation of existing natural resources on the site, particularly
trees, and the impact on the natural resources of the surrounding
properties and neighborhood, including an adverse impact caused by
erosion.
D.
The relationship of the development to adjacent uses in terms of
harmonious use and design, setbacks, maintenance of property values
and negative impacts.
E.
The provision of a safe and efficient vehicular and pedestrian circulation
system, and the provisions for ingress and egress to and from the
property for the safety of pedestrians and motor vehicles and to lessen
any adverse impact on the traffic patterns affecting the adjacent
property and neighborhood.
F.
The adequacy of design and location of off-street parking and loading
facilities.
G.
The adequacy of design and location of buildings in an efficient
and aesthetically pleasing manner.
H.
The adequacy of the buffer area, screening and landscaping plan.
I.
The adequacy of location of exterior lighting in terms of safety
needs, intensity and glare so that it will not adversely affect surrounding
property.
J.
The adequacy of facilities serving the development as set forth in Section 53-60 in order to properly serve the proposed site and not adversely affect surrounding properties and neighborhood.
K.
The adequacy of location, size and configuration of open space areas.
The Planning Board may require performance and maintenance guaranties
for on-tract and off-tract improvements in the same manner and under
the same requirements as provided for in N.J.S.A. 40:55D-53.
A.
Failure to comply with any of the conditions of site plan approval
subsequent to the receipt of a building permit shall be grounds for
the revocation of such building permit. A written notice of proposed
revocation shall be sent by certified mail to the applicant by the
Planning Board Consultant. If the applicant does not comply with the
notice and the site plan conditions within five days of the receipt
of the written notice, the building permit shall be automatically
revoked.
B.
Approval of site plan shall be deemed rescinded unless the applicant
has obtained a building permit within six months from the date of
site plan approval or an extension has been obtained from the Planning
Board.
The Planning Board Consultant shall enforce this Article except
in the case of on- and off-tract improvements required by the site
plan approval, when either the City Engineer or the Planning Board
Consultant, or both, shall enforce this Article.
