The procedures as spelled out in this article and other sections
of this chapter shall be the procedures for the various approvals
required by this chapter and by applicable state law.
[Amended 7-24-2001 by Ord. No. 2001-15]
A. When required. Before any development
or any land is cleared or altered within the Township or before any
watercourse is diverted or its channel or floodplain dredged or filled
or before any parking area for four or more vehicles is constructed
or approved or before any off-street loading or unloading facilities
are constructed or before any building permit, certificate of occupancy
or other required permit is issued, a site plan shall be submitted
to the administrative officer for review and approval by the appropriate
board, except as follows:
(1) If the construction or alteration
or change of occupancy or use of a conforming use does not affect
existing circulation, drainage, relationship of buildings to each
other, landscaping, buffering, lighting and other considerations of
site plan review and does not increase the parking requirements, as
determined by the Zoning Officer, it shall not require site plan approval.
(2) Detached single-family dwellings,
including accessory uses permitted as of right under applicable zoning
districts.
(3) The one-time construction
of a parking lot for three or fewer vehicles.
B. Complete application.
(1) The
following items and information as indicated on the checklist must
be submitted to the administrative officer before an application can
be deemed complete:
(a) Two complete applications
(once the application has been deemed complete the applicant shall
submit 18 additional copies of the application).
(b) Two copies of the plat
(an additional 18 copies will be required once the application has
been deemed complete).
(c) Payment of the administrative
and escrow review deposits.
(d) Proof of payment of taxes
signed by the Tax Collector.
(e) Names and addresses of:
[1] Holders of 10% or more
stock in applicant and/or owner, if either is a corporation; or
[2] Holders of 10% or more
interest in applicant if partnership (per N.J.S.A. 40:55D-48.1).
(f) Surface water management
plan acceptable to the Township Engineer.
(g) Soil erosion and sediment
control plan.
(h) Environmental impact study
(when required by ordinance).
(i) Health Department approval
of septic systems where sanitary sewers are not available.
(j) Completed floodplain development
application (when required by ordinance).
(k) Proof of submission of
a completed application form for Morris County Soil Conservation District,
if applicable.
(l) Receipt of completed application
form and required fees for Morris County Planning Board when required.
(m) Traffic impact study for
all applications involving the construction of more than 20,000 square
feet of building area.
(2) Each
submission shall be drawn at an appropriate scale not less than one
inch equal to 100 feet and shall be submitted on one of the two following
standard sheet sizes: 24 inches by 36 inches or 30 inches by 42 inches.
C. Additional information. Once
the application has been deemed complete the applicant must provide
18 additional copies of all materials related to the pending application.
In addition, the following information shall appear on all plans in
order for them to be deemed complete:
(1) A
key map showing the entire tract, the zone in which the subject property
is located and all property within a 200-foot radius of the subject
property, including the Tax Map block and lot numbers and owner's
name, said map to be drawn at a scale of one inch equal to 100 feet.
[Amended 4-27-2021 by Ord. No. 2021-05]
(2) Title
block in accordance with the rules governing title blocks for professional
engineers (N.J.S.A. 45:8-36):
(a) Name of the development, Pequannock Township, Morris County.
(b) Name, title, address and license number of the professional(s) who
prepared the plat or plan.
(d) Date of original preparation and of each subsequent revision thereof
and a list of the specific revisions entered on each sheet.
(e) Existing block and lot numbers as they appear on the Township Tax
Map.
(3) North
arrow; name, title, address and telephone number of the applicant;
name, title, and address of the owner(s) of record; and graphic scale.
[Amended 4-27-2021 by Ord. No. 2021-05]
(4) Certification
that the applicant is the owner of the land or his properly authorized
agent, or that the owner has given his consent under an option agreement.
(5) Approval
signature lines:
(6) Acreage
to the nearest 1/100 of an acre and a computation of the area of the
tract to be disturbed.
(7) Identification
of wetlands as per the New Jersey Freshwater Wetlands Act (affidavit of compliance required) or permit from Army
Corps of Engineers.
(8) Identification
of the flood hazard area as per FEMA maps dated September 17, 1992,
as revised or submission of a perfected Letter of Map Amendment (LOMA).
[Amended 4-27-2021 by Ord. No. 2021-05]
(9) The
location of all existing watercourses, easements, rights-of-way, streets,
roads, highways, freeways, railroads, rivers, buildings, structures,
or any other feature directly on the tract or off tract, if it is
deemed that such feature has an effect upon the use of subject property.
(10) The location of all ground area of each building, structure or any
other land use.
(11) The location, capacity and size of all proposed off-street parking
areas and loading and unloading facilities, including but not limited
to aisle widths, location of bays and barriers.
(12) The location and treatment of proposed entrances and exits to the
public right-of-way, including the possible utilization of traffic
signals, channelization, acceleration and deceleration lanes, additional
width, and any other device necessary to traffic safety and/or convenience.
(13) The location and identification of proposed open spaces, parks, recreation
areas, or land to be dedicated to the Township or other public body.
(14) Design for method of soil erosion and sediment control and location
of the same.
(15) The location, design, species, height and type of landscaping, buffer
areas, and screening devices.
(16) The location and details of sidewalks, walkways and all other areas
proposed to be devoted to pedestrian use.
(17) The location and details of all subsurface structures, including
storm sewers, sanitary sewers, telephone, electrical, gas, water,
manholes, valve boxes, hydrants and other appurtenances, giving top
and invert elevations, direction of flow, size of appurtenances, ownership,
capacity, pressure leads, materials, type, and projected routes. The
location of existing structures such as water and sewer mains, utility
structures, gas transmission lines and high-tension power lines on
the tract and within 200 feet of its boundaries.
(18) The specific location and design and details of signs and lighting
fixtures including isolux diagrams for proposed fixtures.
(19) All existing (as per Township Tax Map) and proposed lot lines, setbacks,
and yard dimensions as proposed, together with a table listing the
required bulk areas for the zone and the proposed bulk dimensions
and clearly identifying all variances requested.
(20) The entire property in question, even though only a portion of said
property is involved in the subdivision; provided, however, that where
it is physically impossible to show the entire tract on the required
sheet, a key map is permitted.
(21) Existing and proposed spot elevations at all building corners, all
floor levels, center lines and rights-of-way of abutting roads, top
and bottom of curbs, property corners, gutters, and other pertinent
locations based on U.S. Coast and Geodetic Datum.
(22) Existing and proposed contours of the site at one-foot intervals,
unless slopes are greater than 10%, in which case two-foot contours
are permitted.
(23) In the event a facility is to be constructed in stages, a sketch
plan showing the entire facility shall be submitted in addition to
the site plan for the particular stage under consideration.
(24) Preliminary architectural plans for the proposed building or structure,
indicating typical floor plans, elevations, height and general design
or architectural styling.
(25) The location of all utilities, including heating and air conditioning,
which are external to the building and the method of screening. This
subsection shall include the location of the trash removal area.
(26) If service for utilities (telephone, electric, water, sewer, etc.)
is to be provided by an existing utility company, a letter must be
submitted from the company stating that service will be provided.
[Amended 4-27-2021 by Ord. No. 2021-05]
(27) Plans, typical cross sections and construction details, and horizontal
and vertical alignments of the center line of all proposed streets
and of all existing streets at the point of intersection with the
proposed street.
D. Review of application. In reviewing
the site plan, the Board shall consider its conformity with the Master
Plan and the other codes and ordinances of the Township. Traffic flow,
circulation and parking shall be reviewed to ensure the safety of
the public and of the users of the facility and to ensure that there
is no unreasonable interference with traffic on surrounding streets.
The Board shall consider the proposed drainage plan and its impact
on surface water runoff, flooding, soil erosion and recharging the
water table and the effect those factors may have both on and off
the site. Conservation features, aesthetics, landscaping and impact
on surrounding development, as well as on the entire Township, shall
be part of the Board's review. In its review, the Board may request
recommendations from any local, county, state or federal agency which
may have an interest in the particular development for which site
plan approval is being sought. In assessing all of the above considerations,
the Board shall be governed by the needs of the public health, safety
and welfare.
E. Preliminary site plan approval.
(1) The applicant for site plan approval shall submit to the Board preliminary site plans containing data listed in §
360-60B.
(2) The administrative officer
shall, within 45 days of submission of an application, determine whether
the application is complete and shall notify the developer, in writing,
of the deficiencies within such time.
(3) Rights of applicant.
(a) Preliminary site plan
approval shall confer upon the applicant, for a three-year period
from the date of approval, the following rights:
[1] That the terms and
conditions on which preliminary approval was granted shall not be
changed.
[2] That the applicant
may submit for final approval, on or before the expiration date of
preliminary approval, the whole or a section or sections of the preliminary
site plan.
[3] That the applicant
may apply for and the Board may grant no more than two one-year extensions
of approval, provided that, if design standards have been revised,
such revised standards may apply.
(b) In the case of a site plan of more than 50 acres, the Board may grant the rights referred to in Subsection
E(3)(a)[1],
[2] and
[3] above for a longer period of time than three years.
F. Final site plan approval.
(1) Within the applicable time period, or any extension thereof granted by the Board, the application for final approval of a site plan shall be submitted. Said application will contain detailed drawings and all information required by Subsections
B and
C. The application for final approval shall conform to the approved preliminary site plan and any conditions placed upon that approval by the Board.
[Amended 4-27-2021 by Ord. No. 2021-05]
(2) Final approval shall be granted,
granted conditionally or denied by the Board within 45 days of the
determination by the administrative officer that the application is
complete.
(3) Final approval shall confer
upon the applicant the following rights: the terms and conditions
upon which approval was granted shall not be changed for a period
of two years from the date of final approval.
(4) The granting of final approval
terminates the time period for preliminary approval.
G. Combined preliminary and final
site plan approval. Nothing in this section shall prevent the applicant
from seeking preliminary and final approval of a site plan at the
same time, provided that the application, all submissions and all
other aspects of the application shall meet the requirements for final
site plan approval. Where two or more applications for approval are
combined, the longest period to act shall prevail.
H. Issuance of building permit and
certificate of occupancy. No building permit shall be issued and no
construction shall be started on a site where site plan approval is
required until after preliminary site plan approval has been received.
No certificate of occupancy shall be issued on a site where site plan
approval is required until after final site plan approval has been
received.
I. Off-site and off-tract improvements.
The Board may require that off-site and off-tract improvements are
made by the applicant as part of the site work in order to upgrade
adjacent facilities to Township standards adopted by separate ordinance.
This may be required for streets and roads, sidewalks, curbs, drainage
facilities, utilities and any other publicly owned and/or operated
utilities or facilities.
J. Site plan binding.
(1) The site plan, as approved
by the Board, shall be binding upon the applicant and his heirs, executors,
successors or assigns.
(2) A deviation from an approved
site plan or failure to adhere to the conditions of approval shall
be deemed as being in violation of this chapter and shall be subject
to the penalties prescribed by this chapter.
K. Performance guaranty. The Board may require that improvements and landscaping be secured by performance and maintenance guaranties in the same manner prescribed for such improvements in Chapter
316, Subdivision of Land.
L. Official action.
(1) Waiver. The Planning Board
may authorize the Township Planner to waive the requirements for site
plan review if the total amount of construction or alteration is under
$5,000 in value or if the site plan disturbs less than 2,000 square
feet of land area or if the nature or extent of construction or alteration
is considered part of normal repair, maintenance or replacement and
is not in conflict with any existing ordinances.
(2) Temporary certificate of
occupancy. The Construction Official may grant a temporary certificate
of occupancy, with approval of the Township Planner, for a period
of time not exceeding six months from the date of issue if weather
or other conditions beyond the control of the applicant prevent complete
compliance with the conditions of site plan approval. The Township
Planner shall notify the Board of the issuance of the temporary certificate
of occupancy and the date of expiration. The Township shall receive
a performance guaranty equal to the amount of the uncompleted work
to be done as determined by the Township Engineer in accordance with
standard engineering practice.
(3) Site plan change. The Township
Planner may authorize minor changes in the site plan caused by field
conditions following consultation with appropriate agencies. The Board
shall be promptly notified of any such change. No minor change is
authorized unless the Township Planner finds that such change:
(a) Will not result in a violation
of this chapter.
(b) Will not conflict with
the Master Plan.
(c) Will not lessen any of
the standards or the conditions of approval originally imposed by
the Board.
M. Exceptions. The Board, when acting
upon applications for preliminary or final site plan approval, shall
have the power to grant such exceptions from the requirements for
site plan approval as may be reasonable and within the general purpose
and intent of the provisions for site plan review and approval where
the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship. Exceptions shall be
granted only upon notice by the applicant to the property owners within
200 feet of the site in question in the manner prescribed by N.J.S.A.
40:55D-1 et seq. and any amendments thereto.
N. Conceptual review. At the request
of the developer, the Planning Board shall review a conceptual plan
of the developer. There shall be no fee for this review, and neither
the developer nor the Planning Board shall be bound by this review.
O. Minor site plan approval.
(1) The Board shall classify
all site plans as either major or minor according to the following
criteria. If determined to be a minor site plan, public notice and
public hearing shall not be required. Approval of a minor site plan
shall be deemed final approval, and such approval may, at the discretion
of the Board, be conditioned pursuant to N.J.S.A. 40:55D-1 et seq.
In order to be classified as a minor site plan, an application must
meet all of the following criteria:
(a) The proposed development
does not involve a planned residential development.
(b) The proposed development
does not involve any new street or any off-tract improvement which
is to be prorated pursuant to N.J.S.A. 40:55D-1 et seq.
(c) No more than 5,000 square
feet of land will be disturbed.
(d) The floor area of a proposed
addition to a structure will not exceed 20% of the floor area of the
existing structure.
(e) No more than one lot is
involved.
(f) None of the bulk or use
requirements of the zone are violated.
(g) Runoff.
[1] The runoff generated
by the proposed change or improvements does not require the installation
of drainage structures necessary for point discharge into a receiving
course.
[2] The maximum expected
discharge does not exceed 0.25 cubic foot per second.
[Amended 4-27-2021 by Ord. No. 2021-05]
(h) The application does not
involve a nonconforming or conditional use in a residential zone.
(i) No proposed improvements
will be within the following number of feet of a property line:
[1] In a C-1 or C-2 Zone:
within 60 feet of a property abutting a residentially zoned or used
property and 30 feet of a nonresidentially zoned property.
[2] In an I-1, I-2, C-3
or C-4 Zone: no improvements will be closer than 60 feet or two times
the required setback, whichever is greater, to a residentially zoned
or used property and no improvement will be within 30 feet of the
required setback adjacent to a nonresidentially zoned property.
(j) No more than four additional
parking spaces are proposed to be constructed.
(k) There are no substantial changes in traffic patterns which will cause more than a ten-percent additional traffic flow in the areas specified in Subsection
O(1)(i). Additional traffic flow is to be calculated utilizing methods approved by the Institute of Transportation Engineers, National Transportation Research Board or other professionally accepted methods.
[Amended 4-27-2021 by Ord. No. 2021-05]
(2) Minor site plan approval
shall be granted or denied within 45 days of the date of 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 Board to act within this period shall constitute minor site
plan approval.
(3) The zoning requirements and
the general terms and conditions, whether conditional or otherwise,
upon which minor site plan approval was granted shall not be changed
for a period of two years after the date of minor site plan approval.
(4) A complete application shall contain sufficient information so as to allow the Board to determine whether the requirements for minor site plan approval have been met. In addition, a complete minor site plan application shall consist of those requirements set forth in Subsection
C(1) through
(4),
(6),
(9) through
(18) and
(20) through
(23). All plans shall be drawn as specified in this section. The administrative officer shall, within 45 days of submission of an application, determine whether the application is complete and shall notify the developer, in writing, of the deficiencies within such time. The Planning Board may waive submission of any required exhibits in appropriate cases and for specific site plans. Requests for such waiver(s) shall accompany a site plan application, stating the reasons why such waiver(s) is being requested.
When the cluster mechanism of development is preferred by the
applicant for subdivision, the applicant shall submit to the Planning
Board as part of the application for site plan or subdivision approval
and on forms to be supplied by the administrative officer the application
for approval, including a plan of the land as it could be developed
under the existing zoning and the plan of development under the cluster
or open space mechanism of development.
A variance may be granted as per N.J.S.A. 40:55D-1 et seq.
A. Applications.
(1) Complete
application. The following items and information as indicated on the
checklist must be submitted to the administrative officer before an
application can be deemed complete:
(a) Two complete applications
(once the application has been deemed complete the applicant shall
submit 18 additional copies of the application).
(b) Two copies of the plat
(an additional 18 copies will be required once the application has
been deemed complete).
(c) Payment of the administrative
and escrow review deposits.
(d) Proof of payment of taxes
signed by the Tax Collector.
(e) Names and addresses of:
[1] Holders of 10% or more
stock in applicant and/or owner, if either is a corporation; or
[2] Holders of 10% or more
interest in applicant if partnership (per N.J.S.A. 40:55D-48.1).
(f) In the case where a building
or structure is to be built on a vacant parcel of land, the applicant
shall submit Health Department approval of septic systems where sanitary
sewers are not available.
(g) Completed floodplain development
application (when required by ordinance).
(2) Each
submission shall be drawn at an appropriate scale not less than one
inch equal to 100 feet and shall be submitted on one of the five following
standard sheet sizes: 8 1/2 inches by 11 inches, 8 1/2 inches
by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches or 30
inches by 42 inches.
(3) All
use variance applications shall submit a report prepared by a licensed
professional planner indicating the special reasons, zoning impacts
and similar data under which the application is being prepared. Once
the application has been deemed complete the applicant must provide
18 additional copies of all materials relating to the pending application.
(4) In
addition, the following information shall appear on all plans in order
to be deemed complete:
(a) A key map showing the entire tract, the zone in which the subject
property is located and all property within a 200-foot radius of the
subject property, including the Tax Map block and lot numbers and
owner's name, said map to be drawn at a scale of one inch equal to
100 feet.
[Amended 4-27-2021 by Ord. No. 2021-05]
(b) Title block indicating the following information:
[1] Name, title, address and license number of the professional(s) who
prepared the plat or plan.
[2] Scale (both graphic and written).
[3] Date of the original preparation and of each subsequent revision
thereof and a list of the specific revisions entered on each sheet.
[4] Existing block and lot numbers as they appear on the Township Tax
Map.
(c) North arrow; name, title, address and telephone number of the applicant;
name, title, and address of the owner(s) of record; and graphic scale.
[Amended 4-27-2021 by Ord. No. 2021-05]
(d) Certification that the applicant is the owner of the land or his
properly authorized agent, or that the owner has given his consent
under an option agreement.
(e) Approval signature lines:
(f) Acreage to the nearest 1/100 of an acre and a computation of the
area of the tract to be disturbed.
(g) Identification of wetlands as per the New Jersey Freshwater Wetlands
Act (affidavit of compliance required) or permit from Army
Corps of Engineers.
(h) Identification of the flood hazard area as per FEMA maps dated September
17, 1992, as revised or submission of a perfected Letter of Map Amendment
(LOMA).
[Amended 4-27-2021 by Ord. No. 2021-05]
(i) The location of all existing watercourses, wooded area, and major
trees (trees with a six-inch or greater caliper as measured three
feet above ground shall be individually identified if they are to
be disturbed during construction), easements, rights-of-way, and streets.
(j) All existing (as per Township Tax Map) and proposed lot lines, setbacks,
and yard dimensions as proposed, together with a table listing the
required bulk areas for the zone and the proposed bulk dimensions
and clearly identifying all variances requested.
(k) Preliminary architectural plans for the proposed building or structures,
indicating typical floor plans, elevations, height and general design
or architectural styling.
(l) The location of the sanitary system if the structure is not served
by sanitary sewer.
(m) The location of all existing and proposed principal buildings or
structures and the location of all existing and proposed accessory
structures or buildings and the distance to the nearest property line
for each.
(n) The location, quantity and type of off-street parking where provided.
B. In the case of bifurcated applications,
the applicant shall submit the appropriate site plan or subdivision
plans to the Board for review following the approval of a use variance.
The site plan or subdivision application shall be deemed complete
once it is in conformance with the appropriate checklist. Where the
applicant is requesting simultaneous review of the use variance and
the site plan or subdivision, neither application will be deemed complete
until all items on the appropriate checklist(s) are satisfied.
C. The administrative officer shall,
within 45 days of submission of an application, determine whether
the application is complete and shall notify the developer, in writing,
of the deficiencies within such time. The Zoning Board of Adjustment
or the Planning Board may waive submission of any required exhibits
in appropriate cases and for specific site plans or subdivision. Request
for such waiver(s) shall accompany a site plan or subdivision application,
stating the reasons why such waiver(s) is/are being requested.