[Amended 11-4-2020 by Ord. No. 48-2020]
The purpose of this article is to guide the appropriate use and development of the land in a manner which will provide the public health, safety and general welfare, to promote the free flow of traffic while discouraging traffic congestion and to promote a desirable visual environment through creative development techniques and good civic design and arrangements.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Planning Board shall review site plans, except that whenever the Board of Adjustment is reviewing an application for approval of a use variance pursuant to § 210-10.12, the Board of Adjustment shall review the site plan instead of the Planning Board. Applications to the Planning Board shall be made in accordance with and governed by the time limits in § 210-9.9. Applications to the Board of Adjustment shall be made in accordance with § 210-10.8 and be governed by time limits in § 210-10.13.
[Amended 11-4-2020 by Ord. No. 48-2020]
Site plan approval pursuant to N.J.S.A. 40:55D-37a and 38 shall be required for the following improvements, changes, or additions prior to the issuance of either a building permit or a certificate of occupancy. All applications for residential developments that will result in the rehabilitation or creation of three or more dwelling units, whether said units are in one or more than one structure, and whether developed at one time or in stages and whether developed by one entity or several entities.
A. 
All applications for nonresidential developments, whether for new construction, rehabilitation or expansion of an existing use.
B. 
All applications involving a change of use which requires an addition to or alteration of the existing parking or loading facilities.
C. 
All applications for off-street parking developments, except that one- and two-family structures requiring no variance approvals related to parking area dimensions shall not be subject to site plan review.
D. 
All applications for accessory uses which require bulk variances or, which by their nature, will increase vehicular traffic to the premises of the principal use.
[Amended 11-4-2020 by Ord. No. 48-2020]
The applicant shall submit a complete site plan application to the clerk of the appropriate Municipal Board, for review and action by the appropriate Municipal Board. The applicant shall be issued a receipt for the submittal of an application by said Clerk, which receipt will only indicate that an application has been received, not its degree of completeness.
A complete site plan application shall include all of the information listed in the site plan checklist below and all the information required in the application. Failure to provide all of the required information shall render an application incomplete. Determination of compliance with the complete site plan checklist shall be made by the designee of the appropriate Municipal Board. The Secretary to the Board shall direct a copy of the submitted plans to the designee immediately upon receipt for the determination. No incomplete application will be allowed to proceed to a hearing, nor shall there be any tolling of time, as per N.J.S.A. 40:55D-10.3. The applicant shall be notified, in writing, by the Secretary to the Board of the deficiencies in the application within 45 days of issuance of the receipt for the application.
The appropriate Board may seek the advice of any other municipal boards, commissions, professionals, individuals or agencies. The Board shall seek and obtain the advice of the Municipal Engineer, the City Planner, the Fire Department and the Police Department on all site plans submitted. The Boards may retain their own professional planning and engineering consultants. The respective advisors shall receive their copies of site plans at least 10 days prior to the hearing date, and they shall return their respective comments to the Clerk for the Board at least three days prior to the hearing date. Every attempt shall be made to direct copies of all such reports to the applicant. Failure of the Board or the applicant to receive any such report shall not be grounds to deny an application. The Secretary to the Board shall direct a copy of the submitted plans to the designee immediately upon receipt for the determination. No incomplete application shall be allowed to proceed to a hearing, nor shall there be any tolling of time, as per N.J.S.A. 40:55D-103. The applicant shall be notified, in writing, by the Secretary to the Board of the deficiencies in the application within 45 days of issuance of the receipt for the application.
Where a site plan application requires only zoning variances as specified in N.J.S.A. 40:55D-70c, the Planning Board alone shall have the power to review the site plan and variance. Where a site plan application requires a zoning variance as specified in N.J.S.A. 40:55D-70d, the application shall be referred to the Zoning Board of Adjustment for both the variance hearing and site plan review pursuant to N.J.S.A. 40:55D-76b.
If a site plan is approved with conditions, the site plan shall be returned to the applicant with a written explanation of the conditions. A copy of the written explanation shall be directed to the Construction Code Official. No construction permits of any type shall be issued until all conditions have been met and are indicated on revised site plan drawings and the revised site plan drawings and resolution(s) have been signed by both the Chairman and Secretary of the appropriate Board.
Following compliance with all conditions of approval, if any, at least seven copies of the site plan and resolution shall be dated and signed by the Chairman and Secretary of the Board granting approval, and one copy of the same shall be submitted to the Construction Code Official. No construction permits of any type shall be issued until the site plan drawings and resolution have been signed by the Chairman, Board Engineer and Secretary to the approving Board and the same have been received by the Construction Code Official. Any action of the Boards may be appealed in accordance with N.J.S.A. 40:55D-1 et seq. and local ordinances.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
Preparation. Site plan drawings must be drawn to exact scale and shall clearly indicate all existing and proposed lot lines, easements, buildings and improvements. All copies of all site plans shall bear the original signature and raised seal of the New Jersey licensed architect or engineer responsible for the preparation of such plans. All site plans must indicate accurate lot lines certified by the original signature and raised seal of a New Jersey licensed land surveyor. The checklist below will assure that adequate information is provided on the site plan drawings for the reviewing board to make an informed determination. All information listed below is mandatory. Failure to provide any item listed below shall render an application for development incomplete as per N.J.S.A. 40:55D-10.3.
B. 
Site plan checklist.
(1) 
A key map, drawn at a scale of not less than one inch to 600 feet, showing the area within a 1,000-foot radius of the site and clearly indicating the streets in the area and the specific lots involved in the application.
(2) 
A zoning comparison chart, showing required and proposed provisions as per the Zoning Ordinance and/or the applicable redevelopment plan for the district wherein the application is situated. In the case of a use variance application, the zoning comparison chart shall contain three columns, one showing the zoning requirements for the district, one showing the requirements for the use in the next highest district wherein such use is permitted, if any, and the third showing the provisions as per the development proposal. The zoning comparison chart shall include, but not be limited to, the following information:
(a) 
Zoning and/or redevelopment plan district(s).
(b) 
Lot area and dimensions.
(c) 
Gross floor area and floor ratio area (FAR).
(d) 
Building coverage in square feet and percent of lot area.
(e) 
Residential density in terms of dwelling units per acre.
(f) 
Height in terms of feet and stories.
(g) 
Yards and setbacks.
(h) 
Parking, loading and access.
(i) 
Signage.
(j) 
Landscaping percent of lot coverage.
(k) 
Recreation areas.
(l) 
Bonus provisions.
(m) 
Lighting.
(n) 
Buffer areas.
(o) 
Utility connection locations.
(3) 
Structure location, dimensions, gross floor area (GFA) in square feet, floor plans with typical dimensions for all internal areas of the structure, height and use.
(4) 
All paved areas, including construction details and sections.
(5) 
All walks and other surface treatments.
(6) 
All buffer areas.
(7) 
All landscaped areas and areas of trees and shrubs, including a planting schedule and maintenance procedures.
(8) 
All lighting, including wattage or candlepower and area of diffusion.
(9) 
All utilities, including hookup details.
(10) 
All fences and walls.
(11) 
All curbs, including construction details and sections.
(12) 
All driveways, loading areas, loading berths and fire lanes.
(13) 
All areas of refuse storage and collection, including methods of collection.
(14) 
All drainage methods, including directions of flow.
(15) 
All recreation areas and equipment.
(16) 
All lot lines, dimensions, bearing angles and lot areas in square feet and acres or fraction thereof.
(17) 
The percent of lot coverage for each structure and in total.
(18) 
All parking areas, indicating the angle of parking with typical sale and stall dimensions and the number of spaces, individually by row, and in total by tract.
(19) 
Elevation drawings for each facade or side of all structures, indicating all signage, surface treatments, colors and methods of screening rooftop equipment.
(20) 
The location and dimensions of all pedestrian and vehicular access.
(21) 
The names and locations of all streets abutting or within the project area.
(22) 
Sight triangles.
(23) 
All signs with dimensions.
(24) 
Street address with unit numbers.
(25) 
Boundaries of the site or tract.
(26) 
North arrow.
(27) 
The date of drawing and dates of all revisions.
(28) 
Graphic scale, in standard architectural scales in whole multiples of 1/16 of an inch or standard engineering scales in multiples of 10 and not less than one inch equals eight feet (arch) or one inch equals 10 feet (eng) for projects on less than five acres and not less than one inch equals 16 feet (arch) or one inch equals 30 feet (eng) for larger projects, and further provided that cover sheets depicting the overall site may be at a scale of one inch is 50 feet or 100 feet only. The use of engineering scales is preferred.
(29) 
The zoning and/or redevelopment districts boundaries and identification.
(30) 
Project title.
(31) 
All dimensions of setbacks, buffers and yards.
(32) 
Detail drawings and/or sections, as appropriate, are required for all lighting, paving, curbing, fencing, landscaping, signage and drainage.
(33) 
One illustrative site plan shall be prepared for the Board's use. Such illustrative site plan shall be neatly colored according to the following schedule:
(a) 
Asphalt paved areas: grey.
(b) 
Concrete paved areas: beige.
(c) 
Buildings: dark brown.
(d) 
Landscaped areas: light green.
(e) 
Trees and shrubs: dark green.
(f) 
Water: light blue.
(g) 
Signs: red.
(h) 
Lighting fixtures: black.
(i) 
Other details: true color.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
In consideration of any application, the Planning Board or Board of Adjustment, as applicable, shall consider all codes and ordinances adopted by the City of Orange Township, such as but not limited to this chapter and the health, building, fire prevention and traffic chapters, as well as the Master Plan and Official Maps of the City of Orange Township. Further, the Planning Board or Board of Adjustment, as applicable, shall take into consideration all normally acceptable standards of performance and practices of design as they relate to engineering, planning and site development.
B. 
In consideration of any application, the Planning Board or Board of Adjustment, as applicable, shall relate the above referenced standards to the following:
(1) 
Preservation of existing natural resources on the site.
(2) 
Safe and efficient vehicular and pedestrian circulation, parking and loading.
(3) 
Provisions ensuring that traffic flow to and from the site will not cause undue congestion to the public street or streets and that the number, size and location of off-street parking spaces are in conformity with this chapter.
(4) 
Screening, landscaping and location of structure.
(a) 
Provisions ensuring that the landscape of the site shall be improved in character with neighboring properties. All areas not covered by structures, driveways, walks or other permitted coverage shall be planted and maintained with lawn, ground cover, trees and shrubs or other appropriate plant materials, and all parking, utility and recreation areas shall be reasonably screened.
(b) 
Provisions ensuring that the arrangement of buildings on the site shall create a harmonious appearance with respect to each other and with existing buildings in the immediate neighborhood. Due consideration shall be given to topographic conditions, the spatial relationship between buildings, both on and off the site, and the effect that the plans, if developed, would have on surrounding properties.
(c) 
Provisions ensuring that the design of buildings and structures and the kind of building material shall be such that will provide a harmonious relationship of color and/or texture between said buildings and structures. All accessory buildings shall bear a close relationship to the principal structure or structures in their design and building materials.
(5) 
Exterior lighting needed for safety reasons, in addition to any requirements for street lighting.
(6) 
Consistency of the layout or arrangement of the subdivision or land development with the requirements of this chapter.
(7) 
Streets in the subdivision or land development of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
(8) 
Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants.
(9) 
Regulation of land designated as subject to flooding to avoid danger to life or property.
(10) 
Protection and conservation of soils from erosion by wind or water or from excavating or grading.
(11) 
Provisions ensuring that a subdivision or site plan shall conform to the applicable provisions of this chapter.
(12) 
Provisions ensuring performance in substantial accordance with the final development plan.
(13) 
Provisions for off-tract water, sewer, drainage and street improvement, which are necessitated by a subdivision or land development.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
Effect of preliminary approval. Preliminary approval of a site plan shall, except as provided in Section 210-40 above, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1) 
That the general terms and conditions on which preliminary 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; and other site plan details.
(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 extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
(4) 
In the case of a site plan for an area of 50 acres or more, the Board may grant the rights referred to in paragraphs A(1), (2), and (3) above for such period of time longer than three years as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised such revised standards may govern.
B. 
Final approval of site plans.
(1) 
The 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.
(2) 
Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval, and a certificate of the Secretary as to the failure of the Board to act shall be issued upon request of the applicant.
(3) 
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), the 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.
C. 
Effect of final approval of a site plan.
(1) 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this chapter, 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 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.
(2) 
In the case of a site plan for 150 acres or more, the Board may grant the rights referred to in this subsection for such period of time longer than two years as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
[Amended 11-4-2020 by Ord. No. 48-2020]
In the event of disapproval, the Building Inspector shall deny the permit for that reason, as well as any other reasons that may apply. In the event that the applicant accepts modification required by the Board, the permit shall be issued; otherwise, the application shall be considered disapproved. Nothing herein, however, shall be construed to interfere with the applicants right of appeal under this chapter concerning the denial of a permit.