In addition to the standards set forth elsewhere in Article
IV, District Regulations, and §
585-7, Schedule of Area, Yard, and Bulk Requirements, the following standards for the uses noted hereunder shall be adhered to. Wherever requirements elsewhere conflict with the standards below, the standards below in this §
585-10 shall apply.
A. Townhouses or row houses in the R-LR Low-Rise Residential and R-MR
Medium-Rise Residential Districts.
(1) The maximum gross density shall be in accordance with bulk requirements.
(2) The maximum number of dwelling units in a single building shall be
eight, and the maximum length of any single building shall be 160
feet.
(3) Open space. Not less than 25% of the total area shall be dedicated
for open space purposes. Open space shall not include land area in
individual residential lots, roads, driveways, parking areas and garages.
(4) Minimum lot width. No individual townhouse lot shall have a width
of less than 18 feet, said width to be measured at the minimum front
setback line for each individual lot.
(5) Staggered front building wall. No more than two adjacent townhouses
may be constructed without providing a staggered front building wall
setback of not less than 14 feet.
(6) Distance between townhouse rows. No townhouse row shall be closer
than 30 feet to any other townhouse row.
(7) Parking. Open lots are permitted; however, the following conditions
shall apply if private or common garage structures are provided:
(a)
Design. All garages provided shall conform architecturally to
and be of similar materials as the principal buildings in the development.
(b)
Location. Garages must be built into townhouses and one visitor
space for every two townhouses.
B. Garden apartments/low-rise. All garden apartment dwellings shall
conform to the following regulations as to bulk, height and other
requirements, and, unless otherwise indicated, these regulations shall
be deemed to be the minimum requirements in every instance:
C. All regulations, requirements, limitations and restrictions applicable
to townhouse dwellings shall apply to garden apartments, except:
(1) Garden apartments shall not be built, erected, converted, reconstructed
or used in the case of common wall construction containing fewer than
four dwelling units, nor in the case of an interior corridor shall
the building contain fewer than eight or more than 12 dwelling units.
(2) The lot area per dwelling unit shall not be less than 2,500 square
feet per unit.
(3) Each principal building shall have an uninterrupted frontage upon
a street or court. Frontage shall be maintained as open space and
shall not be used for service of any kind, and frontage on a court
shall be 60 feet or twice the average height of the opposite bounding
wall, whichever is greater.
(4) Where a principal building is opposite another principal building,
the distance between the two shall not be less than 60 feet or twice
the average height of the opposite bounding wall, whichever is greater.
(5) Where the side of a principal building is opposite the side of another
principal building, then the distance between the two buildings shall
be not less than 30 feet or the average height of the opposite walls,
whichever is greater.
(6) No principal building shall exceed 80 feet in length at its longest
dimension.
(7) No wall of a principal building running parallel to or nearly parallel
to a street shall exceed 50 feet in length, nor shall combined walls
of principal buildings running parallel or nearly parallel to a street
exceed 50 feet in length.
(8) Each principal building shall provide both a front and rear service
entrance.
D. Medium rise apartments in the R-MR Medium-Rise Residential District.
(1) The maximum gross residential density shall not exceed 60 units per
acre.
(2) All open areas other than those used for parking, loading, active
recreational purposes and pedestrian and vehicular circulation shall
be graded, planted, landscaped and properly maintained. All parking
areas shall be screened on their periphery by means of planting, a
fence or a decorative block wall having a height of at least four
feet.
E. Apartments in the C-NR Neighborhood Retail District.
(1) Apartment units shall not be located on the ground or first floor.
(2) Each apartment shall have its own entrance to a hallway or staircase
and a separate entrance from the first or ground floor from the first-
or ground-floor uses.
(3) Two off-street parking spaces shall be provided for each apartment
unit.
(4) There shall be a minimum of 1,800 square feet of lot area per apartment
unit.
F. Outlet and pickup station for laundries and dry-cleaning establishments.
In all districts where permitted, other than in the I-LI Light Impact
Industrial District, laundries and dry-cleaning establishments shall
be limited to outlets and pickup stations with the following standards:
(1) No washing or laundry shall be permitted on the premises.
(2) Noncombustible solvent only shall be used in the cleaning; the use
of combustible solvent shall be limited to the incidental removal
of spots.
(3) Power used for clothes-pressing operations shall not exceed the equivalent
of six rated horsepower.
G. Laundromats and coin-operated dry-cleaning establishments. In all
districts where permitted, such establishments shall meet the following
standards:
(1) There shall be an attendant on the premises during all hours of operation.
(2) Only nonflammable materials shall be used.
(3) The operation of such establishment shall be subject to the regulations
of the Borough of Lodi.
H. Drive-through banks in the C-C Central Commercial District and C-R
Regional Commercial District.
(1) The minimum lot area for a freestanding drive-in bank shall be 20,000
square feet. The minimum amount of lot area devoted to a drive-in
bank if it is in-line connected to other shopping or commercial facilities
shall be 10,000 square feet.
(2) A minimum of five stacking or queuing spaces of at least 20 feet
in length per space for automobiles shall be provided for each drive-through
lane of a drive-through bank.
(3) Each drive-through lane shall be a minimum width of 10 feet. A single
lane of at least 10 feet in width shall be provided adjacent to the
outermost stacking or queuing land to allow vehicles not entering
the stacking lane to exit the property. There shall be sufficient
space between the property line and the beginning of the stacking
or queuing lane to allow for safe entry, access to parking spaces
and on-site circulation. The drive-through service window shall be
located at least 30 feet from the street curbline to provide sufficient
space for vehicles to safely exit the property. All drive-through
vehicular circulation shall be in a counterclockwise direction. Drive-through
lanes shall be set back at least 15 feet from all residential property
lines and be screened from adjacent residential property by means
of a six-foot solid screen fence or vegetative screen.
I. Drive-through restaurants in the C-C Central Commercial District,
C-H Highway Commercial District and C-R Regional Commercial District.
(1) The minimum lot area for a drive-through restaurant shall be 30,000
square feet.
(2) A minimum of eight stacking or queuing spaces, at least 20 feet in
length per space, shall be provided for a drive-through lane of a
drive-through restaurant.
(3) Each lane shall be a minimum width of 10 feet. A single lane of at
least 10 feet in width shall be provided adjacent to the outermost
stacking or queuing land to allow vehicles not entering the stacking
lane to exit the property. There shall be sufficient space between
the property line and the beginning of the stacking our queuing lane
to allow for safe entry, access to parking spaces and on-site circulation.
The drive-in window shall be located at least 30 feet from the street
curbline to provide sufficient space for vehicles to safely exit the
property. All drive-through vehicular circulation shall be in a counterclockwise
direction. Drive-through lanes shall be set back at least 15 feet
from all residential property lines and be screened from adjacent
residential property by means of a six-foot solid screen fence or
vegetative screen.
J. Designed shopping centers in the C-C Central Commercial.
(1) Uses within the shopping center shall be restricted to those permitted
in the district.
(2) No principal or accessory structure shall be nearer than 100 feet
to a residential district or 50 feet to a street.
(3) On-site parking areas shall conform to the following requirements:
(a)
Such lots shall be limited to the exclusive use of passenger
vehicles.
(b)
No repair, fueling or other service of any kind shall be extended
to vehicles on the lot.
(c)
Points of access or egress shall be limited to not more than
two for each 700 feet or major fraction thereof of lot frontage and
shall have a width of 24 feet if intended for two-way vehicular movement
and 12 feet if intended for one-way movement.
(d)
All parking lots shall be lighted after sunset throughout the
hours when they are accessible to the public. Such lighting shall
not exceed an average of seven footcandles at pavement level and shall
be a minimum of 2.5 footcandles. The installation of such lighting
shall be so hooded or shielded as to reflect the light away from abutting
or neighboring residential property to zero footcandles on the property
line.
K. Hotels in the C-C Central Commercial and C-H Highway Commercial District
and motels in the C-H Highway Commercial District.
(1) Meeting or banquet rooms or restaurants shall be permitted as accessory
uses.
(2) There shall be a minimum lot size of 40,000 square feet.
(3) The maximum coverage of the lot by buildings shall be 35%.
(4) No hotel structure shall exceed a height of five stories and 75 feet
and no motel structure shall exceed a height of three stories and
45 feet.
(5) No building shall be closer than 25 feet from all property lines.
L. Automobile sales in the C-H Highway Commercial District.
(1) The minimum lot area shall be two acres.
(2) The minimum street or highway frontage shall be 150 feet.
(3) No vehicle may be stored or parked closer than 10 feet to a right-of-way
line nor to any property line.
(4) The principal use shall be new automobile sales. Used automobile
sales shall be permitted only as an accessory use and restricted to
30% of the total lot area.
(5) No flags, banners, pennants or other visible displays shall be permitted, other than signs in accordance with §
585-16.
M. Automobile or truck repair establishments in the I-LI Light Impact
Industrial District.
(1) No work shall be performed outside of a fully enclosed building.
(2) Outdoor storage of materials and equipment shall not be permitted.
(3) Outdoor storage of automobiles shall not be permitted unless screened
by a solid fence or wall at least six feet in height around the entire
storage area. The outdoor parking of more than two vehicles in disrepair
shall be considered as storage of vehicles.
(4) Pennants, flags, signs and other advertising displays visible from any public right-of-way are prohibited, except as provided in §
585-16.
N. Planned commercial development in the C-PD District.
(1) Any development in the C-PD Planned Commercial Development District
shall be designed, in part or as a whole, as a single complex, according
to a comprehensive master site development plan. Such plan shall conform
to the intent and purpose of the Redevelopment Plan adopted for the
forty-two-acre Redevelopment Area and shall be subject to the review
and approval of the Redevelopment Agency of the Borough of Lodi. In
addition, internal site landscaping, building design and common area
maintenance guideline standards shall be established.
(2) No more than 70% of the total land area shall be devoted to commercial
uses, and no less than 10% of the land area shall be in the form of
open space, a park or recreational uses or features, which area may
include the floodplain area of the Saddle River.
(3) Off-street parking areas shall be interspersed in convenient locations intended to serve the mix of commercial uses provided within the district and, to the extent possible, shall be shared and available to the residents, employees, tenants and customers of all uses. Such off-street parking areas shall include landscaping for shade, buffering and separation between buildings, driveways and parking areas, for defining circulation routes and for storage of snow. The number of off-street parking and loading spaces shall be provided in accordance with §
585-14 of the chapter.
(4) A comprehensive signage plan shall be provided, which covers overall
project identification, individual building/tenant identification,
traffic regulations, pedestrian crossings, street identification/parking
and directional instructions. All signage shall be consistent with
the scale and character of the buildings and uses within the district.
(5) All commercial buildings shall be designed to convey the image of
a planned commercial and business center for Lodi and should contain
the following design elements:
(a)
Provide consistency in the architectural treatment of building
facades and diversity in the horizontal length of buildings through
the introduction of offsets at intervals along the facade of a building.
(b)
Provide a continuous building facade along Main Street at the
street line.
(6) Building arrangement, lot width, frontage, depth and yards may be
freely disposed and arranged on a lot, provided the overall plan conforms
to the general purpose and intent of the comprehensive master site
development plan. Maximum building coverage shall not exceed 40%,
and maximum lot coverage shall not exceed 85%.
(7) Buildings devoted to retail use shall not exceed two stories or 50
feet in height, whichever is the lesser. Buildings devoted to residential
use shall not exceed three stories or 45 feet in height, whichever
is the lesser. Buildings devoted to office or hotel use shall not
exceed five stories or 75 feet. No office use shall be located on
the first or ground floor.
(8) The minimum distance between any commercial building, principal or
accessory, parking, and an adjacent R-2 Single- and Two-Family Residence
District boundary line shall be 75 feet, together with such landscape
and/or berm treatment sufficient to shield such commercial activity
from the residence district.
O. Shopping centers in the C-H Highway Commercial and C-R Regional Commercial
District.
(1) Uses within the shopping center should be limited to those permitted
within the district.
(2) On-site parking areas shall conform to the following requirements:
(a)
On-site parking shall be limited to the exclusive use of passenger
vehicles.
(b)
No repair, fueling or other service of any kind shall be extended
to vehicles on the site.
(c)
For properties with less than 700 feet of frontage on a highway,
driveways providing ingress or egress shall be limited to not more
than two. Properties in excess of 700 feet of frontage on a driveway
providing ingress or egress shall be limited to not more than two
for each 700 feet or major fraction thereof of lot frontage. Such
driveways shall have a width of at least 24 feet if intended for two-way
vehicular movement and at least 12 feet if intended for one-way movement.
Paired one-way access and egress driveways shall be counted as a single
point.
(d)
All parking lots shall be lighted after sunset throughout the
hours when they are accessible to the public. Such lighting shall
not exceed an average of seven footcandles at pavement level and shall
be a minimum of 2.5 footcandles. The installation of such lighting
shall be so hooded or shielded as to reflect the light away from abutting
or neighboring residential property and zero footcandles on all property
lines.
P. Drive-through pharmacies in the C-C Central Commercial District.
(1) A minimum of five stacking or queuing spaces of at least 20 feet
in length per space for automobiles shall be provided for each drive-through
lane of a drive-through pharmacy.
(2) Each lane shall be a minimum width of 10 feet. A single lane of at
least 10 feet in width shall be provided adjacent to the outermost
stacking or queuing lane to allow vehicles not entering the stacking
lane to exit the property. There shall be sufficient space between
the property line and the beginning of the stacking or queuing lane
to allow for safe entry, access to parking spaces and on-site circulation.
The drive-through window shall be located at least 30 feet from the
street curbline to provide sufficient space for vehicles to safely
exit the property. All drive-through vehicular circulation shall be
in a counterclockwise direction. Drive-through lanes shall be set
back at least 15 feet from all residential property lines and be screened
from adjacent residential property by means of a six-foot solid screen
fence or vegetative screen.
The following standards shall apply to the accessory uses/structures
listed hereunder.
A. Residential swimming pools.
(1) The surface area of a private swimming pool shall not exceed 33%
of the rear yard area, determined by multiplying the rear yard depth
by the average rear yard width.
(2) The swimming pool shall be located behind the rear line of the residence.
No part of the surface area of a private swimming pool shall be closer
than six feet from the rear or side property lines, including all
filters and equipment, measured from the most outer line of any walkways
around the pool and 10 feet from any structure, including accessory
buildings.
(3) All private swimming pools shall be completely enclosed with a permanent
substantial fence at least four feet in height, but not to exceed
six feet in height. No aperture in such fence or gate shall be more
than three inches in width. Such gate or fence shall be so designed,
constructed and maintained so as to prevent unauthorized or accidental
access to the pool by children except when the pool is in use under
the supervision of the owner of the pool or by his or her permission.
(4) Every pool shall be equipped with a filtrator, circulation, clarification
and chlorination system or may be required so as to meet the requirements
of the Borough of Lodi's ordinances and/or regulations and shall be
six feet from rear and side property lines.
(5) Machinery used in connection with the pool shall only be in operation
between 9:00 a.m. and 10:00 p.m. EDT and shall be housed in a soundproof
structure.
(6) The surface area of private swimming pools shall not be considered
for determining lot coverage for any purpose, as such surface will
not increase water runoff into the storm sewer system of the Borough.
(7) Any patio construction surrounding a private swimming pool shall
be included in lot coverage calculations. Paving or similar block
patios which are pervious to water penetration are to be considered
as impervious construction and shall count as 75%.
B. Cabanas.
(1) Cabanas accessory to a residential swimming pool, where provided,
may only be erected on the same zone lot as the principal structure.
Such cabana shall comply in all respects with the regulations governing
accessory structures and uses in residential zones.
(2) Cabanas shall occupy an area no greater than 50 square feet and shall
not exceed a height of 10 feet.
C. Private garages.
(1) Private garages which are accessory to a detached single-family residential
dwelling shall not have a capacity for more than three motor vehicles,
and no more than four motor vehicles for two-family residential dwellings.
(2) Such garages shall be connected by a driveway to the adjacent street.
(3) Such garage shall be located on the same lot as the residential dwelling
unit it serves.
(4) Detached accessory garages in residential zones or on any lot adjoining
a residential zone may occupy in the aggregate up to 30% of the area
of any rear yard, but shall not be located nearer than three feet
to any side or rear lot line.
D. Fences and walls.
(1) In a residential front yard, no portion of any fence or wall may
exceed a height of four feet and 50% open. A solid fence not exceeding
six feet in height can be installed on the remaining side and rear.
(2) A corner lot shall not be considered to have two front yards.
(3) The face or finished side of any fence must face the adjacent property.
(4) A retaining wall, series of retaining walls and sound barrier walls
having a total height four feet or greater shall always require an
engineered drawing(s). Drawing(s) must be approved by the Borough
Engineer before a construction permit is issued. A minimum of $1,500
must be placed in escrow account prior to the Borough Engineer review.
(5) Along boundaries of a nonresidence district, a fence or wall in a
required yard may be erected to a height of six feet. However, in
the C-R Regional Commercial District, fences or walls shall not exceed
eight feet in height. Fences or walls in any other nonresidential
district which are not erected along the boundary line and with a
height of more than four feet shall conform to the requirements set
forth herein for buildings. Except where specifically prohibited under
the terms of this chapter or any other applicable ordinance or regulation
of the Borough, nothing herein shall be construed to prohibit the
use of hedges, trees or other plantings anywhere on the lot.
(6) No fence shall be erected with barbed wire or any other material
harmful to humans or animals.
E. Tool/storage shed. Any shed must be located in the rear yard with
a setback of four feet from the side and rear lot line and 10 feet
from any other structure. In can not be larger than 150 square feet,
one story and 12 feet in height on a ridge roof and 10 feet for a
flat roof.
F. Solar systems.
(1) Any rooftop solar systems on a one- or two-family home must be set
back from each side of the roof four feet and must be four feet from
the gutter line.
(2) All solar panels/systems shall comply to N.J.A.C. 5:70-2.21 which
requires the property owner to register with the Borough the location
of the shutoff switch in the event of an emergency or fire.
(3) All other zones must go to the Planning Board for site plan approval.
G. Decks and patios.
(1) May be located in any required rear yard, provided that they meet
the required bulk standards, so long as they do not exceed a height
of three feet over the natural grade of such yard, exclusive of railings,
which shall not exceed an additional height of 42 inches.
(2) Decks exceeding a height of three feet over the natural grade shall
further be permitted as an exception as to the restriction against
projections into required yards upon the following conditions:
(a)
That such deck is no higher than the first floor of living area
of the structure to which it is attached or nine feet over the natural
grade of the yard, whichever is less.
(b)
That any portion of such deck that is higher than three feet
over the natural grade of the yard shall not be closer than 10 feet
from any side yard line.
(c)
That no railing appurtenant to such deck shall exceed an additional
height of 42 inches.
H. Air conditioners/emergency generators. Ground-mounted air-conditioning
units and emergency generators must be installed in the rear yard
or, alternatively, be installed at least 10 feet from the side property
line. In addition, appropriate screening must be installed surrounding
the unit to maintain a sound barrier. Said screening may be by fencing
or landscaping.
I. Parking structures in the C-C Central Commercial and C-H Highway
Commercial districts.
(1) Parking structures shall not be located in the front yard.
(2) The maximum height of a parking structure shall be three levels,
including ground level, but in no event shall the parking structure
exceed the height of the principal building which it serves.
(3) The side and rear yard setbacks for parking structures shall be the
same as that required for principal buildings in the district.
(4) The parking spaces within the structure shall meet the same requirements of dimension and design as off-street parking as provided for in §
585-14.
J. Retail sales in the I-LI Light Impact Industrial District.
(1) In the I-LI Light Industrial District up to 20% of the gross floor
area of a manufacturing establishment, a warehouse or a wholesale
trade or storage establishment may be utilized for the sale of products
manufactured, converted, altered, finished, assembled, stored or otherwise
handled on the premises.
(2) Off-street parking of one space per 100 square feet of floor area
devoted to sales shall be provided.
Except for subdivision or an individual lot application for
one- and two-dwelling-unit buildings, all development shall be required
to file a site plan application. Said site plan shall be reviewed
by the Planning Board according to the following standards and submission
requirements. No building permit shall be issued for any use requiring
site plan approval unless such approval is granted by the Planning
Board.
A. Procedure for submission and review of plans.
(1) The applicant shall first submit an application for preliminary approval
through the Zoning Officer acting as administrative officer. The material
submitted shall be in preliminary form for discussion purposes. The
following material shall be required:
(2) Thirteen copies of the application and 13 prints of the preliminary
proposal map shall be submitted for distribution to the Planning Board
Secretary and members, the planning consultant, the Zoning Officer,
and the Borough Engineer.
(3) The preliminary sketch map shall show, at an appropriate scale:
(a)
The site for which application is being made, identified by
the Borough Tax Map's block and lot number.
(b)
Existing surrounding uses of land and their structures for a
distance of at least 200 feet on all sides of the applicant's site
in mapped form.
(c)
The type of structure which is proposed (including information
on color and materials) illustrated by a preliminary floor plan sketch
and preliminary front, side and rear elevations, drawn to scale. Accessory
structures shall also be shown. If applicable, commercial areas to
be used for outdoor selling or display shall be noted.
(d)
The proposed on-site circulation system, including both vehicular
and pedestrian access and egress ways and service roads, if applicable,
and type of connection with existing arteries.
(e)
If required, on-site parking facilities, drawn to scale, at the dimensions contained in §
585-14 of this chapter.
(f)
If required, on-site loading facilities, drawn to the dimensions contained in the definitions (§
585-2) of this chapter.
(g)
An estimate of the number of employees who will be using the
site on a full- or part-time basis, if a nonresidential use of land.
(h)
Landscaping and/or screening proposals, including the type,
size and location of the planting, trees and shrubs.
(i)
The connection to municipal sewers or the location and type
of disposal system acceptable to the Borough Engineer.
(j)
A comprehensive public utility plan.
(k)
The location, height, length, thickness and area, in square
feet, of all signs.
(l)
In addition to the existing site plan requirements, site plans
for nonresidential uses of land shall contain sketches drawn to scale,
indicating the color, design and material of signs to be utilized;
said sketches are to be accompanied by a brief narrative explaining
the lighting mechanism, if any.
(m)
The relationship of the proposed development plan to a preliminary
plan for the development of the entire parcel, if the subject plan
is part of a larger parcel.
(n)
For any application involving the construction of 25 or more
units of multifamily housing or any commercial or industrial development
wherein 1,000 or more square feet of land is utilized, the applicant
shall submit a recycling plan indicating:
[1]
Which recyclable resource materials are to be source separated;
[2]
That storage areas of at least one cubic yard of storage area
for each residential unit, plus multiunit storage space for items
such as newspapers shall be provided for multifamily residential units;
[3]
That a sufficient amount of storage space has been provided
to accommodate the types and amount of recyclable material that is
generated by a commercial or industrial establishment;
[4]
That all such storage areas meet the Building and Fire Codes
of the Borough.
(4) Said applications and sketches shall be filed at least 14 days prior
to a regular meeting of the Planning Board and shall be accompanied
by the payment of $100. After the initial submission, subsequent submissions
shall be filed at least 10 days prior to a meeting of the Planning
Board.
(5) If an application for preliminary site plan approval is found to
be incomplete, the Planning Board shall so determine by resolution
and shall, by resolution, direct the Secretary to so notify the applicant
within 45 days of the submission of the application, or the application
shall be treated as a complete application.
(6) Upon the submission to the Zoning Officer of a complete application
for a site plan for 10 acres of land or less, the Planning Board 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 a site
plan of more than 10 acres, the Planning Board shall grant or deny
preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval of the site plan.
(7) For any site plan application, the Planning Board may, at its discretion,
assign three of its members as a planning subcommittee to hold informal
work sessions with the applicant in addition to the regularly scheduled
Planning Board meetings. Such work sessions shall be open to the public,
but shall not require notice. Participation at the meeting by the
applicant or members of the public shall be at the discretion of the
subcommittee. The Planning subcommittee shall report the results of
such meetings to the full Planning Board at the next regularly scheduled
meeting of the Planning Board. If the Planning Board required any
substantial amendment in the layout of improvements proposed by the
developer that have been the subject of a hearing, an amended application
for site plan approval shall be submitted and proceeded upon, as in
the case of the original application for site plan approval. The Planning
Board shall, if the proposed development complies with this chapter
and the Municipal Land Use Law of the State of New Jersey, grant preliminary site plan approval.
(8) Preliminary approval of a site plan shall confer upon the applicant
the following rights for a three-year-period from the date of the
preliminary approval:
(a)
That the general terms and conditions on which preliminary 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 off-tract improvements.
(b)
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 site plan.
(c)
That the applicant may apply for, and the Planning Board may
grant, extensions on such preliminary approval for additional periods
of a 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.
(d)
In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection
A(8)(a),
(b) and
(c) above for such period of time, longer than three 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 preliminary approval;
[3]
The comprehensiveness of the development.
(e)
The applicant may apply for thereafter, and the Planning Board
may thereafter grant, an extension to preliminary 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 preliminary approval; and
[2]
The potential number of dwelling units and nonresidential floor
are of the section or sections awaiting final approval;
[4]
The comprehensiveness of the development, provided that, if
the design standards have been revised, such revised standards may
govern.
(9) Application for final site plan approval, if desired, shall be submitted
before the expiration date of preliminary approval, which date shall
be set by resolution of the Planning Board but shall not be more than
three years after the date of preliminary approval.
(10)
The application for final approval shall contain, in final form, the same material contained in §
585-17A(2) and shall be submitted and reviewed in the same manner as prescribed in §
585-17A(3),
(4),
(5), and
(6).
(11)
The Planning Board shall grant final approval if the detailed
drawings, specifications and estimates of the application for final
approval conform to the standards established by ordinance for final
approval and the conditions of preliminary approval.
(12)
Final approval shall be granted or denied within 45 days after
submission of a complete application to the Zoning Officer or within
such further time as may be consented to by the applicant. Failure
of the Planning Board to act within the period prescribed shall constitute
final approval, and a certificate of the Zoning Officer as to the
failure of the Planning Board to act shall be issued on request of
the applicant.
(13)
Whenever review or approval of the application by the County
Planning Board is required by Section 8 of P.L. 1968, c 285 (N.J.S.A.
40:27-6.6), in the case of a site plan, the Municipal Planning Board
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.
(14)
The Planning Board when acting upon applications for preliminary
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 of this chapter if the literal enforcement of one or
more provisions of the chapter is impracticable or will exact undue
hardship because of peculiar conditions pertaining to the land in
question.
(15)
The Planning Board 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 Planning Board or the Planning Board being
required to hold further hearings. The longest time period for action
by the Planning Board, whether it be for 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.
(16)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to §
585-17A(8), 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 approval, the Planning Board 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 approval terminates the time period of preliminary approval pursuant to §
585-17A(8) for the section granted final approval.
(17)
Unless work is commenced within one year of the date of the
granting of site plan approval, and diligently prosecuted, such approval
shall become null and void.
(18)
In every case, the Planning Board shall communicate its action
to the Zoning Officer, in writing, upon completion of its review.
B. Standards for site plan approval.
(1) In considering and approving a site plan, the Planning Board shall
take into consideration the public health, safety, general welfare,
the conveniences of the public in general and the effects on the neighborhood
in particular; the Planning Board may attach such conditions and safeguards
as preconditions to approval of said plans as in the Board's opinion
may be necessary to protect adjoining premises from the effect of
unsightly rear or side elevations, the location and disposition of
refuse, storage or other service areas, incinerators, parking and
loading areas and accessory uses of land in the furtherance of the
general purpose and intent of this chapter and in harmony therewith.
In particular, the following shall be required:
(a)
Consistency of the layout or arrangement of the site plan with
the requirements of this chapter.
(b)
Streets or driveways on the site 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 surfaced with macadam or a surface material acceptable to the
Borough Engineer.
(c)
Adequate water supply, drainage, shade trees, sewerage facilities
and other utilities necessary for essential services to residents
and occupants.
(d)
The proper use of land subject to flooding to avoid danger to
life or property.
(e)
Protection and conservation of soils from erosion by wind or
water or from excavation or grading.
(2) In addition, site plan review shall relate to:
(a)
Preservation of existing natural resources on the site.
(b)
Safe and efficient vehicular and pedestrian circulation, parking
and loading.
[1]
All proposed traffic accessways shall be adequate in number,
width, grade, alignment and visibility to serve the proposed use without
jeopardizing the safety of pedestrians on abutting sidewalks or that
of passing vehicular traffic or shall not be located too near street
corners of other places of public assembly.
[2]
Further, off-street parking space shall be provided in an amount
sufficient to minimize curb parking of vehicles belonging to persons
connected with or visiting the proposed use, and parking layout shall
enable the most efficient and safe use of the parking area, and the
interior road network and parking aisles (if any) shall provide safe
access to all required off-street parking facilities as well as the
Borough's street system serving the site.
(c)
Screening, landscaping and location of structures. All play,
parking and service areas and any and all other features of the proposed
development which may exert a deleterious effect on adjoining premises
shall be screened at all seasons of the year from view or such premises
and of adjoining streets, and the general landscaping of the site
shall be appropriate, readily maintained and in character with that
prevailing in the neighborhood.
(d)
Exterior lighting needed for safety reasons in addition to any
requirements for streetlighting. Exterior lighting of all yards, parking
lots, and storage areas shall be provided in an amount adequate to
provide for the safety or persons using the site.
(e)
Landscaping. All open areas of a lot not covered by buildings
or impervious surfaces shall be landscaped.
In addition to its site plan review powers, the Planning Board
shall, under this chapter, also exercise the following powers:
A. To administer the provisions of the site plan review section of this
chapter in accordance with the provisions of this chapter and the
Municipal Land Use Law, Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1
et seq.
B. To approve conditional use applications in accordance with the provisions
of this chapter pursuant to N.J.S.A. 40:55D-67.
C. When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment variances
pursuant to Subsection 70c of Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1
et seq., from lot area, lot dimensional, setback and yard requirements,
provided that such relief from lot area requirements shall not be
granted for more than one lot.
(1) When granting relief under this subsection, a public hearing shall
be held in the manner prescribed by Subsection 6 of Chapter 291, P.L.
1975, N.J.S.A. 40:55D-10.
(2) Public notice of said hearing shall be given by publication in the
official newspaper of the Borough. Notice of said hearing shall also
be given to the owners of all real property, as shown on the current
tax duplicate, located within 200 feet in all directions of the property
which is the subject of such hearing. Notice shall be given by:
(a)
Serving a copy thereof on the property owner as shown on the
said current tax duplicate or his agent in charge of the property;
or
(b)
Mailing a copy thereof by certified mail to the property owner
at his address as shown on the said current tax duplicate. Notice
to a partnership owner may be made by service upon any partner. Notice
to a corporate owner may be made by service upon its president, a
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
(3) Upon the written request of an applicant, the Tax Assessor shall,
within seven days, make and certify a list from said current tax duplicates
of names and addresses of owners to whom the applicant is required
to give notice pursuant to this section. The applicant shall be entitled
to rely upon the information contained in such list, and failure to
give notice to any owner not on the list shall not invalidate any
hearing or proceeding. A $25 fee will be charged for such list.
(4) Notice of all hearings pursuant to this section involving property
located within 200 feet of an adjoining municipality shall be given
by personal service or certified mail to the Clerk of such municipality.
(5) Notice shall be given, by personal service or certified mail, to
the County Planning Board of a hearing pursuant to this section of
property adjacent to an existing county road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other county land or situated within 200 feet of a municipal boundary.
(6) Notice shall be given, by personal service or certified mail, to
the Commissioner of Transportation of a hearing pursuant to this section
for development of property adjacent to a state highway.
(7) Notice shall be given, by personal service or certified mail, to
the Director of the Division of State and Regional Planning in the
Department of Community Affairs of a hearing on an application for
site plan approval of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents submitted
as part of the application.
(8) The applicant shall file an affidavit of proof of service with the
Planning Board.
(9) When acting on an application for relief under this subsection, the
Planning Board shall grant or deny approval of the application within
95 days after the submission by a developer of a complete application
to the Zoning Officer or within such further time as may be consented
to by the applicant. Failure of the Planning Board to act within the
period prescribed shall constitute approval of the application, and
a certificate of the Zoning Officer as to the failure of the Planning
Board 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.
(10)
Whenever review or approval of the application by the County
Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A.
40:27-6.6) in the case of a site plan, the Planning Board 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.