The applicant may request at the time of preliminary
filing that the plan be processed through the preliminary and final
stages concurrently. If the reviewing authority concurs, the application
may be processed in one step with preliminary and final approvals
being granted simultaneously. However, the reviewing authority may,
at its sole discretion, grant only preliminary approval at the time
of first review thereby requiring the applicant to make a separate
final site plan submission.
Site plan review shall consider but not be limited
to the following:
A. The height, bulk, area and setback distances of all
building structures.
B. The architectural design, including the appearance
of and materials used on the exterior faces.
C. Parking and traffic control, including location and
material, requirements for curbing, driveways, parking areas, pedestrian
walks and other requirements to protect the public health, safety
and welfare.
D. Reasonable screening at all seasons of the year of
playgrounds, parking and service areas.
E. Lighting of buildings, grounds and signs to assure
the elimination of any adverse effects on adjoining property owners
while simultaneously requiring adequate lighting for the proposed
development.
F. Provisions for necessary utilities such as water supply,
sewers, gas and electric.
G. The stormwater collection and disposal system.
H. Noise abatement, odor and rodent control, trash and
garbage collection facilities.
I. Provisions for incoming raw materials and outgoing
finished products, together with outdoor facilities for storing same.
J. Provisions for soil erosion and sedimentation control.
[Added 4-19-1984 by Ord. No. 3-1984]
A. Fire lanes shall be designated as set forth hereafter
on all plans and specifications for the construction or remodeling
of any public or quasi-public structure where deemed necessary by
the Township Fire Marshal. The owner of any property on which there
is presently located a public or quasi-public structure which has
no fire lanes or on which the fire lanes presently existing are deemed
inadequate by the Fire Marshal shall be required, upon reasonable
notice, to provide, locate and designate appropriate fire lanes in
accordance with the provisions of this chapter.
B. Design. Each fire lane shall be constructed to a minimum
width of 18 feet and shall be constructed of either asphalt paving,
concrete, concrete paving blocks or gravel. The fire lane shall be
designed to support a weight of approximately 40 tons. Where the fire
lane is required to access a roadway, a depressed curb must be provided.
Construction of the fire lane can be combined with a pedestrian path
if appropriately located and constructed. All fire lanes shall be
visually designated either by their form or by the materials used
in their construction. The design of the fire lanes shall be subject
to review by both the Township Fire Marshal and the Township Engineer.
[Amended 11-10-1998 by Ord. No. 19-1998]
C. Location. Fire lanes shall be located so as to serve
the entire building from the building site; so as to provide the most
direct means of access for all emergency vehicles; to be sufficiently
close to the building to provide the means to provide protection for
the structure while being far enough removed so as to provide safety
for the emergency vehicle using the fire lane in the event of collapse
of the building. However, the ultimate authority with respect to the
determination for the location of the fire lanes shall lie with the
Fire Marshal of the Township of Westampton. The Fire Marshal shall
make the aforesaid determination after reviewing recommendations of
both the Township Engineer and Township Planner.
D. Fire lanes shall be appropriately posted with signs
indicating the words "NO PARKING - FIRE ZONE" or "NO PARKING - FIRE
LANE" in red letters on a white background, with a red line bordering
the perimeter of the sign, said sign to be 12 inches by 18 inches,
made of metal with rust-resistant reflectorized coating, posted at
the ends of each fire lane, and at one-hundred-foot intervals therein.
Fire areas shall also be designated by covering the face and top of
the curb of the prohibited area with a solid yellow color of paint.
The above criterion for the painting of fire areas is to be considered
a minimum, and additional painting may be placed on the site consisting
of crosshatches, solid yellow areas or such other designations, in
addition to the curb painting, as may serve to act as a deterrent
to parking in fire zones.
[Amended 11-10-1998 by Ord. No. 19-1998]
E. The owner of the site upon which a fire lane is located
shall be responsible for constructing, designating and marking fire
lanes as required by this section. All maintenance and repair of the
signs and pavement markings, if any, shall remain the responsibility
of the owner and any successor. The maintenance and repair shall be
a continuing condition of any approval conferred with respect to the
construction, remodeling or occupancy of the building or structure
on the premises. Any failure to maintain or repair said signs or pavement
markings shall be a basis for voiding the prior approval. Approvals
which shall be conditional under this subsection shall include, but
not be limited to, final site plan approval and certificates of occupancy.
No such approval shall be held to be void unless a hearing by the
issuing officer or agency has been held on due notice to the owner
of the premises.
F. Enforcement.
(1) No unauthorized vehicles shall be allowed to park,
stand or stop in any fire lane, nor shall any person in any manner
obstruct any fire lane. Any violation of this section shall be subject
to a fine not to exceed $500 for each separate offense or by imprisonment
of not more than 90 days, or both. "Unauthorized vehicle" shall be
interpreted to mean a vehicle other than an emergency vehicle, as
well as such other vehicles as may be designated by the Fire Marshal
as being authorized.
(2) Any vehicle parked, stopped or standing in violation
of this section in any fire lane shall be deemed a nuisance, and the
Fire Marshal may provide for its immediate removal. The cost of its
removal and any subsequent storage which may be required shall be
paid by the owner of the vehicle before he may be allowed to regain
possession of same.
(3) The Fire Marshal, the Fire Inspector, the Code Enforcement
Officer and the Township Police Department shall have concurrent jurisdiction
to enforce the provisions of this section.
(4) Notwithstanding the penalties above set forth, the
township shall be entitled to pursue any other remedy available at
law or equity to enforce the provisions hereof.
[Amended 8-10-1987 by Ord. No. 13-1987]
The following fees shall be applicable:
A. Site plans; accompanying variance or conditional use
requests; filing fees.
(1) Informal review; concept plan: $200. The amount of
any fees shall be credited toward fee for review of the application
for development.
[Amended 4-24-2012 by Ord. No. 6-2012]
(2) Minor site plan: $200.
[Amended 4-24-2012 by Ord. No. 6-2012]
(3) Preliminary site plan: $200.
[Amended 6-9-1998 by Ord. No. 13-1998; 4-24-2012 by Ord. No. 6-2012]
(4) Final site plan: $200.
[Amended 6-9-1998 by Ord. No. 13-1998; 4-24-2012 by Ord. No. 6-2012]
(5) Consolidated submission: $400.
[Amended 6-9-1998 by Ord. No. 13-1998; 4-24-2012 by Ord. No. 6-2012]
(6) A request for a variance, conditional use, appeal
from the decision of the Administrative Officer or Construction Official
or interpretation of zoning map or ordinance accompanying a site plan
will require filing of a separate application and the appropriate
fee, in addition to the site plan application and fee.
[Amended 6-9-1998 by Ord. No. 13-1998]
B. Escrows (professional review fee).
[Amended 6-9-1998 by Ord. No. 13-1998; 11-14-2000 by Ord. No. 19-2000]
(1) Informal review; concept plan: $500. The amount of
escrow charge for informal review shall be credited toward the applicant's
escrow account to be applied to the application for development.
[Amended 4-24-2012 by Ord. No. 6-2012]
(2) Minor site plan: $1,500 or $50 per acre, whichever
is greater.
[Amended 4-24-2012 by Ord. No. 6-2012]
(3) Preliminary site plan: $3,000, plus $50 per acre.
[Amended 4-24-2012 by Ord. No. 6-2012]
(4) Final site plan: $3,000, plus $50 per acre.
[Amended 4-24-2012 by Ord. No. 6-2012]
(5) Consolidated submission: $6,000, plus $100 per acre.
[Amended 4-24-2012 by Ord. No. 6-2012]
(6) The escrow for inspection of improvements shall be calculated in accordance with §
196-12E. Legal fees incurred with respect to reviewing of bonds, inspection uses and the preparation of various resolutions with respect thereto shall be charged against said escrow.
[Amended 3-3-2020 by Ord.
No. 2-2020]
C. Sums not utilized for review and in the inspection
process shall be returned to the applicant. If additional sums are
deemed necessary, the applicant shall be notified of the required
additional amount and shall add such sum to the escrow.
D. Site plan waiver. A filing fee of $100 shall be submitted
with each application for site plan waiver. An escrow fee of $300
shall be submitted and shall be applied toward the fee required for
site plan in the event the waiver is not granted.
[Amended 6-9-1998 by Ord. No. 13-1998; 4-24-2012 by Ord. No. 6-2012]
[Amended 8-10-1987 by Ord. No. 13-1987; 3-3-2020 by Ord. No.
2-2020]
A. Developers shall post the necessary performance guarantees and maintenance
guarantees as provided for in N.J.S.A. 40:55D-53, as modified by P.L.
2017, c. 312.
B. In accordance with N.J.S.A. 40:55D-53, as modified by P.L. 2017,
c. 312, the Township requires any performance guarantee to include,
within an approved phase or section of a development, privately owned
perimeter buffer landscaping, as required by local ordinance or imposed
as a condition of approval. At the developer's option, a separate
performance guarantee may be posted for the privately owned perimeter
buffer landscaping.
C. In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," (TCOG) in favor of the Township in an amount equal to 120% of the cost of installation of only those improvements or items (including both private on-site and to be publicly dedicated) which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection
A above, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. No same item may be included in multiple performance bonds. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Municipal Engineer. The temporary certificate of occupancy guarantee shall be released by the Municipal Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates, upon submission of a maintenance guarantee.
D. A developer shall furnish to the Township a safety and stabilization
guarantee, in favor of the Township. At the developer's option, a
safety and stabilization guarantee may be furnished either as a separate
guarantee or as a line item of the performance guarantee. A safety
and stabilization guarantee shall be available to the Township solely
for the purpose of returning property that has been disturbed to a
safe and stable condition or otherwise implementing measures to protect
the public from access to an unsafe or unstable condition, only in
the circumstance that: i) site disturbance has commenced and, thereafter,
all work on the development has ceased for a period of at least 60
consecutive days following such commencement for reasons other than
force majeure; and ii) work has not recommenced within 30 days following
the provision of written notice by the Township to the developer of
the Township's intent to claim payment under the guarantee.
(1) The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
(2) The amount of a safety and stabilization guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows: $5,000 for the first $100,000 of
bonded improvement costs, plus 2.5% of bonded improvement costs in
excess of $100,000 up to $1,000,000, plus 1% of bonded improvement
costs in excess of $1,000,000.
(3) The Township shall release a separate safety and stabilization guarantee
to a developer upon the developer's furnishing of a performance guarantee
which includes a line item for safety and stabilization in the amount
required under this subsection.
(4) The Township shall release a safety and stabilization guarantee upon
the Municipal Engineer's determination that the development of the
project site has reached a point that the improvements installed are
adequate to avoid any potential threat to public safety.
E. Inspection fees:
(1) Amount of fee.
(a)
Not to exceed, except for extraordinary circumstances, the greater of $500 or, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee pursuant to Subsection
A above; and
(b)
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under Subsection
A above, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
(2) For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Municipal Engineer
for inspection, the developer shall deposit the remaining 50% of the
inspection fees.
(3) For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Municipal Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees. The Municipal Engineer shall not perform any
inspection if sufficient funds to pay for those inspections are not
on deposit.
(4) If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection
E(1)(a) and
(b), is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Municipal Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
F. Off-tract improvements. Off-tract improvements where
required shall be made in accordance with the criteria set forth in
the Subdivision Ordinance of the Township of Westampton.
G. Release with respect to both the performance guaranty
and maintenance guaranty shall be in accordance with the same procedures
set forth in the ordinances of the Township of Westampton with respect
to subdivisions.
A violation of any of the provisions of any
section of this chapter shall be punishable, upon conviction thereof
by the Judge of the Municipal Court, by a fine not exceeding $500
or by imprisonment for not more than 90 days, or both, such fine and
imprisonment to be in the Judge's discretion. Each day that the offense
occurs shall be deemed to be a separate occurrence and offense.