[Amended 9-7-1993 by Ord. No. 5-1993]
Site plan review and approval by the Township Planning Board shall be required as follows:
A. 
Prior to the issuance of any building permit or certificate of occupancy, as the case may be, for any new building, addition or alteration of an existing building, or any change in use or occupancy, or a variance obtained from the terms of Chapter 240, Zoning, or for the construction of parking areas for four or more vehicles.
B. 
In cases of development of single-family homes as permitted uses, change of operator or cases where alterations or structures will not affect water usage, parking requirements, on-site vehicular traffic flow and pedestrian safety, waste disposal or other matter of public safety, the Planning Board may, by adoption of rules and regulations therefor, setting proper norms and standards, provide that a subcommittee or employee of the Township pass upon the same and waive the requirement of the site plan in order that minor alterations which otherwise comply with Chapters 215 and 240 and the Building Code of the Township may be expedited.
[Amended 7-18-1994 by Ord. No. 5-1994]
C. 
Home occupations. A site plan shall be submitted for any external modifications of property required to support a permitted home occupation use.
[Amended 11-7-1988 by Ord. No. 8-1988; 9-7-1993 by Ord. No. 5-1993]
A. 
Any person in the Township requesting approval of a proposed site plan shall submit the following to the Secretary of the Planning Board, at least 28 days prior to a regular meeting of the Planning Board:
(1) 
Twelve copies of the plat of the proposed site plan for all plats, except single-family homes, and five copies of the plat for single-family homes. Such plats shall comply with all the requirements of the site plan and conditional use checklist adopted as part of this section.[1]
[1]
Editor's Note: The checklist is on file in the office of the Planning Board.
(2) 
Six copies of the application form to be obtained from the Secretary of the Planning Board.
(3) 
The proper fee as set forth in this chapter.[2]
[2]
Editor's Note: See Art. III of this chapter and Ch. A287, Fees.
B. 
All single-family site plans shall be submitted to the Construction Official. In the event that the Construction Official finds that Planning Board review should be required for any such plan, it shall be referred to the Planning Board Secretary and processed in accordance with regulations governing other than single-family site plans.
C. 
For all site plans except single-family homes, the Secretary of the Planning Board shall, within 28 days prior to the next regular meeting of the Planning Board, mark each copy with the appropriate application number and the person to receive each copy and shall immediately forward copies of plats, together with a form requesting the return of plat and comment within 14 days, to the following:
(1) 
Site Plan Committee.
(2) 
Planning consultant.
(3) 
Board of Health.
(4) 
Township Engineer.
(5) 
Environmental Commission.
(6) 
Such other individuals, groups or organizations as are deemed appropriate.
D. 
Where county action is required, a copy of the county application shall be provided with the application to the Secretary of the Planning Board.
E. 
No use or dimension variance shown on such site plan shall be construed to obviate or waive any of the height, yard, parking or other required conditions and terms of this chapter regulating the zone in which the affected premises are located, except upon the approval of the Planning Board as required by law.
[Amended 5-4-1995 by Ord. No. 1995]
A. 
In reviewing any site plan submitted to it, the Planning Board shall ascertain that all of the terms, conditions, standards and requirements of this chapter and of all other applicable codes, ordinances and specifications of the Township of Byram, State of New Jersey, federal government and all other agencies having jurisdiction over matters pertaining to site plan development are met.
B. 
In reviewing any site plan submitted to it, the Planning Board shall also consider the following performance standards:
(1) 
The design and layout of buildings and parking areas must provide for an efficient arrangement of uses. Particular attention shall be given to safety and fire protection, impact on surrounding development and contiguous and adjacent buildings and lands.
(2) 
The internal circulation proposed must provide for the safe and convenient movement of people, goods and vehicles from access roads within the site, between buildings and between buildings and vehicles.
(3) 
All parking spaces shall be usable, shall be safely and conveniently arranged and shall be of an appropriate size to serve their function. Access to the site and any proposed parking area from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress to and egress from the site.
(4) 
Buffering shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures and the movement of people and vehicles and to shield activities from adjacent properties when necessary. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives.
(5) 
Landscaping shall be provided as part of the overall site plan design and shall be integrated into the building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner to also serve as green infrastructure, such that it incorporates nonstructural stormwater management elements to channel, treat, retain and recharge stormwater.
[Amended 6-20-2017 by Ord. No. 10-2017]
(6) 
Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Any directional or area lights shall be arranged so as to minimize glare and reflection on adjacent properties.
(7) 
Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on or visible from the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.
(8) 
Refuse disposal plans and location and screening shall be adequate to ensure frequent collection, vermin and rodent control and aesthetic appearance. This provision shall extend to the requirement for collection of materials to be recycled as well as disposal of refuse.
[Amended 9-7-1993 by Ord. No. 5-1993]
(9) 
Any commercial or residential structure in excess of 30,000 square feet gross area shall be required to prove, to the satisfaction of the reviewing board, that the projected traffic, demand for water and sewer service, off-site drainage, and lighting can be adequately accommodated by existing or proposed infrastructure. Where such infrastructure is proposed, no operation or occupancy of such structures shall be permitted until such time as the infrastructure required is in place and functional.
[Added 12-7-1998 by Ord. No. 22-1998]
A. 
Upon the submission to the Administrative Officer of a complete application for a preliminary site plan, in accordance with the checklist for such application, which involves 10 or fewer acres of land and/or 10 or fewer dwelling units, the Planning Board shall grant or deny approval within 45 days 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 preliminary site plan in accordance with the checklist for such application, which involves more then 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date on which the application is deemed complete, or within such further time as may be consented to by the developer.
[Amended 9-7-1993 by Ord. No. 5-1993]
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, which dealt with the public meeting of the Planning Board, was repealed 9-7-1993 by Ord. No. 5-1993.
C. 
No changes shall be made in any site plan approved by the Planning Board without approval of the change by the Board.
D. 
Whenever the Planning Board requires revisions or additional information on a site plan, the applicant has 90 days to return a corrected site plan to the Planning Board. Any site plan which is not returned within 90 days will be considered a new submission subject to all review fees as specified for an original submission.
E. 
If the Planning Board requires a substantial change in layout, the applicant shall submit an amended site plan, which shall be processed as in the case of the original filing.
F. 
If, by motion of the Planning Board, a change or changes are considered minor in nature, conditional approval may be given subject to the submission of an amended site plan indicating the changes.
[Amended 9-7-1993 by Ord. No. 5-1993; 12-7-1998 by Ord. No. 21-1998]
The preliminary site plan approval issued under the terms of this section is valid for a period of three years from the date of the approval by the Planning Board and compliance with all the terms and conditions of that approval.
[Amended 7-7-1982; 12-21-1987 by Ord. No. 15-1987; 9-7-1993 by Ord. No. 5-1993; 7-18-1994 by Ord. No. 5-1994; 12-7-1998 by Ord. No. 21-1998]
Preliminary site plan is to be a general plan outlining the relationship of buildings to each other and improvement on a given parcel or parcels of property. Dimensions are expected to be reasonably accurate, particularly in a case where variances or waivers from standards are requested. However, it is not required that plans be accurate to the level required for construction.
A. 
The site plan shall be prepared by a professional architect, engineer, land surveyor, landscape architect or planner licensed to practice their respective professions in the State of New Jersey.
B. 
All required copies of the site plan will be legibly signed and sealed with the professional's seal.
C. 
The site plan may be based on the latest Tax Map information available from the Township.
D. 
The site plan shall be drawn on a sheet size measuring 24 inches by 36 inches or 30 inches by 42 inches.
E. 
The site plan shall be drawn to a scale not smaller than one inch equals 50 feet. In certain cases where the allowed scale would result in an oversized map, the Planning Board may waive the scale requirement, the sheet size requirement or allow more than one sheet to be used.
F. 
The site plan shall show the following information.
(1) 
An area map of the site with reference to surrounding areas and existing street locations and including the scale and reference meridian.
(2) 
The Tax Map lot and block number.
(3) 
The name, address and title of the applicant, or the owner if other than the applicant, and the person preparing the map, together with the names of the owners of all contiguous land and property directly across any street which abuts the property in question, such information to be as shown by the most recent Township tax records.
(4) 
The date, scale and reference meridian.
(5) 
The zone in which property in question falls and the zone dividing lines through, abutting or within 200 feet of the property.
(6) 
The entire property in question even though only a portion of the property is involved in the site plan, provided that where it is physically impossible to show the entire property on one sheet, a key map is permitted to show those areas not involved in the site plan.
(7) 
The front, side and rear setback dimensions.
(8) 
All lot line dimensions.
(9) 
The rights-of-way, easements and all other interests in lands any of which are required by this chapter to be deeded in the Township or to any other governmental or public body.
(10) 
All existing physical features, including streams, watercourses, existing wooded areas and significant soil conditions such as swamp or rock.
(11) 
The principal buildings and all accessory buildings, with dimensions including the height, number of stories and square feet of floor area. As the architectural relationship of proposed buildings to their surroundings is important, a building elevation shall be required.
(12) 
All access drives on the property, existing or proposed.
(13) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection F(13), which required a reference bench mark, first floor levels of all structures and elevations of all lot corners to be shown, was deleted 12-7-1998 by Ord. No. 21-1998.
(14) 
The location of sanitary disposal systems, water mains or wells.
(15) 
A place for the signature of the Chairman and Secretary of the Planning Board.
(16) 
A place for signature of Township Engineer.
(17) 
All abutting streets and property lines and location and setbacks of buildings within 200 feet of the tract in question, including fences, parking areas and access drives.
(18) 
Topography to the extent necessary to indicate the direction of flow of stormwater and the rationale for the location of stormwater management facilities.
(19) 
The types of paving, curbs and sidewalks, parking space layouts, loading areas with traffic patterns, access aisles and general dimensions.
(20) 
Provisions for fire protection, including the type of construction, volume of the building, fire zones, location of the two nearest fire hydrants and any and all other provisions for fire protection.
(21) 
The location of existing and proposed stormwater systems, including nonstructural mechanisms and elements (i.e., bioswales, recharge areas, etc.) and the method of refuse disposal and storage.
[Amended 6-20-2017 by Ord. No. 10-2017]
(22) 
A landscape plan.
(23) 
General lighting details.
(24) 
The location and general orientation.
(25) 
Certification as to whether or not the property sought to be developed is located within a one-hundred-year floodplain.
(26) 
Certification as to whether or not the property sought to be developed contains critical or moderately restricted areas as defined in this chapter. Such areas shall be indicated on the plat.[2]
[2]
Editor's Note: Former Subsections F(27) and (28), which required environmental impact statements and which immediately followed this subsection, were deleted 12-7-1998 by Ord. No. 21-1998.
(27) 
Traffic, water and sewer, drainage and lighting report, for projects involving structures of 30,000 square feet or more.
[Added 12-7-1998 by Ord. No. 22-1998]
(28) 
In the event that the project is a "major development" as defined by Chapter 211, Stormwater Control, a site development plan must be submitted that meets the standards set forth in Chapter 211, Stormwater Control.
[Added 4-3-2006 by Ord. No. 10-2006]
(29) 
The amount and nature of water reuse and the elements devoted thereto.
[Added 6-20-2017 by Ord. No. 10-2017]
[Added 9-7-1993 by Ord. No. 5-1993; amended 12-7-1998 by Ord. No. 21-1998]
A. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, 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 and, in the case of a subdivision, has duly recorded the plat as required, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions, the granting of final approval terminates the time period of preliminary approval.
B. 
In the case of a site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, 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; economic conditions; and the comprehensiveness of the development. The developer may apply for, 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.
C. 
Final site plan details. The site plan shall show the following information:
[Added 12-7-1998 by Ord. No. 21-1998[1]]
(1) 
An area map of the site with reference to surrounding areas and existing street locations and including the scale and reference meridian.
(2) 
The Tax Map lot and block number.
(3) 
The name and address and title of the applicant, or the owner if other than the applicant, and the person preparing the map, together with the names of the owners of all contiguous land and property directly across any street which abuts the property in question, such information to be as shown by the most recent Township tax records.
(4) 
The date, scale and reference meridian.
(5) 
The zone in which property in question falls and the zone dividing lines through, abutting or within 200 feet of the property.
(6) 
The entire property in question, even though only a portion of the property is involved in the site plan, provided that, where it is physically impossible to show the entire property on one sheet, a key map is permitted to show those areas not involved in the site plan.
(7) 
The front, side and rear setback dimensions.
(8) 
All lot line dimensions.
(9) 
The rights-of-way, easements and all other interests in lands any of which are required by this chapter to be deeded in the Township or to any other governmental or public body.
(10) 
All existing physical features, including streams, watercourses, existing wooded areas and significant soil conditions such as swamp or rock.
(11) 
The principal buildings and all accessory buildings, with dimensions, including the height, number of stories and square feet of floor area. As the architectural relationship of proposed buildings to their surroundings is important, a building elevation shall be required.
(12) 
All access drives on the property, existing or proposed.
(13) 
A reference bench mark, finished first floor levels of all structures and the elevations of all lot corners shall be clearly designated.
(14) 
The location and construction details of sanitary waste disposal systems, water mains or wells.
(15) 
A place for the signature of the Chairman and Secretary of the Planning Board.
(16) 
A place for signature of the Board Engineer.
(17) 
All abutting streets and property lines and location and setbacks of buildings within 200 feet of the tract in question, including fences, parking areas and access drives.
(18) 
Topography showing existing and proposed contours at one-foot intervals for slopes of 3% or less, two-foot intervals for slopes up to 25% and five-foot intervals for slopes averaging more than 25%.
(19) 
The types of paving, curbs and sidewalks, parking space layouts and loading areas with traffic patterns, access aisles, curb radii and dimensions.
(20) 
Provisions for fire protection, including the type of construction, volume of the building, fire zones, location of the two nearest fire hydrants and any and all other provisions for fire protection.
(21) 
The location and construction details of existing and proposed stormwater systems and the method of refuse disposal and storage.
(22) 
The location, size and type of all proposed landscaping, including shade trees, both on the lot and along the public right-of-way. In addition, design details of fences, walls, guardrails and similar facilities shall be furnished. Plans for landscaping and landscape structures must accompany the application but may be on a separate plan and be approved by the Planning Board.
(23) 
Lighting details indicating the type of standards, locations, radius of light and intensity measured in footcandles. No less than 1/2 footcandle and no more than four footcandles shall be provided.
(24) 
The location, dimensions and details of signs.
(25) 
Certification as to whether or not the property sought to be developed is located within a one-hundred-year floodplain.
(26) 
Certification as to whether or not the property sought to be developed contains critical or moderately restricted areas as defined in this chapter. Such areas shall be indicated on the plat.
(27) 
In the event that the tract to be developed contains an area of 10 acres or more, the developer shall submit the following:
(a) 
An environmental impact statement meeting all the standards set forth in Article VII.
(b) 
A soil erosion and sediment control plan meeting the standards of the Sussex County Soil Conservation District.
(28) 
In the event that the Planning Board determines that an environmental impact statement for a site of less than 10 acres would provide necessary additional information, such an environmental impact statement shall be submitted meeting all the requirements and standards set forth in § 215-45.
(29) 
In the event that the project is a "major development" as defined by Chapter 211, Stormwater Control, a site development plan must be submitted that meets the standards set forth in Chapter 211, Stormwater Control.
[Added 4-3-2006 by Ord. No. 10-2006]
[1]
Editor's Note: This ordinance also redesignated former Subsections C through L as Subsections D through M, respectively.
D. 
Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit, the approving authority may require and shall accept, in accordance with the standards adopted by ordinance for the purpose of assuring the installation and maintenance of on-tract improvements, the following:
(1) 
All improvements required by the Board in connection with final major subdivision or final site plan approval have been installed to the satisfaction of the Planning Board Engineer. A developer may apply for final major subdivision or final site plan approval prior to installation of any or all of the required improvements, subject, however, to the requirement that there be posted a performance bond in an amount equal to 120% of the estimated cost of such improvements as calculated by the Planning Board Engineer. Such bond shall be in a form approved by the Township Attorney for a period not to exceed two years. The governing body may, upon recommendation of the Planning Board, extend the terms and conditions of the performance bond for a period of one additional year. Any extension may be conditioned upon changes in the amount of such bond necessitated by increases in costs or decreases thereof, known or anticipated during the pendency of the performance bond in question. Wherever a final major subdivision is approved without installation of improvements, there shall be prominently displayed on the filed map and in each deed of conveyance the following: No municipal authorization for occupancy shall issue prior to the installation of all improvements required by the final site plan approval.
(2) 
Provision for a maintenance guaranty to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements.
E. 
The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.
F. 
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may, either prior to or after receipt of the proceeds thereof, complete such improvements.
G. 
Upon substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the obligor may notify the governing body in writing, by certified mail addressed in care of the Municipal Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Planning Board Engineer. Thereupon the Planning Board Engineer and/or Planner shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the governing body, indicating either approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
H. 
The governing body shall either approve or reject the improvements, on the basis of the report of the Planning Board Engineer and/or planner and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty for such improvements.
I. 
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification, as set forth in this section, shall be followed.
J. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Planning Board Engineer.
K. 
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Planning Board Engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Planning Board Engineer for such inspection.
L. 
In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38a, the provisions of this section shall be applied by stage or section.
M. 
Required details.
(1) 
Final site plan details shall incorporate all the information required at preliminary site plan approval, other than original grades which have been altered, including exact locations of utility systems, buildings, drainage and finished grading. This shall be, in essence, an as-built drawing.
(2) 
Minor changes to the preliminary site plan approved by the Planning Board or Zoning Board under its ancillary jurisdiction may be approved at final site plan if, in the opinion of the Board, such changes are not such as to warrant reopening a public hearing on the site in question.
(3) 
No public hearing is required for final site plan.
[Amended 7-7-1982; 9-7-1993 by Ord. No. 5-1993]
A. 
The rules, regulations and standards prescribed by this section shall be considered to be the minimum requirements for the protection of the public health, safety and general welfare of the Township. Action by the Planning Board on site plan submissions shall give primary consideration to the above-mentioned criteria.
B. 
Waiver of site plan approval.
[Amended 6-21-2011 by Ord. No. 6-2011]
(1) 
The Planning Board may waive the requirement for site plan approval where there is a permitted change in use, provided that such change would not involve any one or more of the following:
(a) 
Any structural alteration to the exterior of the building.
(b) 
Any anticipated increase in the number of parking spaces required by the use which cannot be accommodated by existing parking on site.
(c) 
Any storm drainage installation or need for the same as may be determined by the Board Engineer.
(d) 
Any increase in stormwater runoff which the Board Engineer determines cannot be dealt with by existing stormwater drainage facilities.
(e) 
Any redirection of stormwater runoff.
(f) 
Any change in vehicular traffic circulation patterns within the site.
(g) 
Any elimination or change in landscaping, buffering or lighting.
(2) 
An applicant seeking waiver of site plan approval shall complete and file with the Township Zoning Officer an application for same on a form prescribed by the Planning Board.[1] The Site Plan Subcommittee of the Planning Board shall review the application and shall thereupon recommend to the Planning Board that a site plan waiver be either approved or denied. The Planning Board, at the next regular meeting following its receipt of the recommendation of the Site Plan Subcommittee, shall act on such application and, if approved, shall adopt a resolution finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting, septic and water supply and other considerations of site plan approval and that the existing facilities do not require upgraded or additional site improvements. The application for waiver of site plan shall include recitation of the prior use of the site, the proposed use and its impact.
[1]
Editor’s Note: Copies of the Application for Site Plan Waiver form are on file in the Township Clerk’s office.
(3) 
In the event of a change in occupancy or tenant but no change in use, the Zoning Officer shall have the authority to issue a site plan waiver if he is satisfied that the application meets the requirements set forth in Subsection B(1) through (7) above, in which event no resolution of the Planning Board shall be required.
C. 
Exception of specific subdivision and site plan requirements.
(1) 
The Planning Board, when acting upon applications for preliminary major or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision 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.
(2) 
The Planning 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 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.
D. 
Any application for a waiver from the chapter pursuant to this section shall be made, in writing, on the forms prescribed by the Planning Board and shall set forth the particular reason or reasons for the waiver request. This written request shall be filed with the Planning Board at least 14 days prior to the site plan review hearing date.
[Amended 9-7-1993 by Ord. No. 5-1993]
A. 
Performance guaranty.
(1) 
Prior to the issuance of a certificate of occupancy, all improvements as shown on the approved site plan shall have been completed. When by reason of adverse weather conditions or other hardship, as determined by the Planning Board, completion of certain improvements would cause an undue delay, the Planning Board shall require the posting of a performance guaranty sufficient in amount to cover the cost of all such uncompleted improvements based upon the recommendation of the Planning Board Engineer. The bond or guaranty shall be for such period of time as shall be fixed by the Planning board for completion of the improvements. The amount of the performance guaranty shall be fixed by the Planning Board and shall not be in excess of 120% of the cost of the uncompleted improvements, as estimated by the Planning Board Engineer, based on documented construction costs for public improvements prevailing in the general area. The form of the performance guaranty shall be approved by the Township Attorney.
(a) 
In addition, the developer shall, at the time of the deposit of the performance guaranty, execute an agreement which shall indicate the date when the developer is to complete all of the work for which the guaranty is being posted and what work is specifically to be done and which shall further authorize the Township to enter the property for the purpose of completing said improvements mentioned in the agreement in the event that the developer shall fail to make the improvements by the date specified in the agreement. Said agreement shall contain a clause releasing the Township and any of its employees or agents from any and all liability for entry upon the property and for installation of the improvements. The form of the agreement shall be approved by the Planning Board Attorney.
(b) 
The developer may appeal the Planning Board Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days of receipt of the appeal in writing by the Municipal Clerk. After the developer posts a guaranty with the municipality based on the cost of the installation of improvements as determined by the governing body, he may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guaranty.
(c) 
If any portion of any required improvements is rejected by the Township and the Township is forced to complete such improvements with the proceeds of the performance guaranty, such completion of improvements shall be subject to the bidding requirements of the Local Public Contracts Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(2) 
Upon posting of the performance guaranty, a temporary certificate of occupancy may be issued for a period not to exceed the expiration date of the time set by the Planning Board for completion of the improvements. The performance guaranty as required by this subsection shall be in addition to any engineering inspection fees as required by this chapter.
(3) 
Should the developer default in his performance under the terms of the performance guaranty, the Township shall provide the developer with 30 days' notice, within which period of time the developer shall be required to complete the installation of the improvements required as a condition of this agreement. At the expiration of the thirty-day period, where the developer has failed to complete said improvements in accordance with this agreement, the Township, without further notice to the developer, may utilize the cash deposited as a bond for the full and adequate performance of this agreement on behalf of the developer and for the sole purpose of installing the improvements referred to in this said agreement.
(4) 
In the event that the amount deposited for the guaranty is not sufficient to pay for the cost of the installation of the improvements, if the Township installs said improvements, the developer shall be responsible for any and all additional amounts. This provision shall be agreed upon by the developer as part of the agreement as aforementioned.
B. 
A maintenance guaranty shall be posted with the governing body for a period not to exceed two years after the final acceptance of the improvement, in an amount not to exceed 15% of the costs of the improvement, which cost shall be determined by the Planning Board Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256.[2] In the event that other government agencies or public utilities automatically will own the utilities to be installed or that the improvements are covered by a performance or maintenance guaranty to another governmental agency, no maintenance guaranty shall be required by the municipality for such utilities or improvements. If any correction or reconstruction of any such improvement is necessary and is to be performed by the Township with the proceeds of any maintenance guaranty, the costs thereof shall be subject to public bidding requirements under the Local Public Contracts Law.[3]
[2]
Editor's Note: See N.J.S.A. 40:55D-53.4.
[3]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
[1]
Editor's Note: Former § 215-56.1, General development plans, added 9-7-1993 by Ord. No. 5-1993, was repealed 7-18-1994 by Ord. No. 5-1994.
[Added 9-7-1993 by Ord. No. 5-1993]
A. 
Any person engaged in raising or harboring of livestock, pursuant to the pursuit of farming within the Township, shall adhere to the standards below.
(1) 
The keeping of any farm animal or fowl is only permitted in a building or other structure located not less than 100 feet from any well and no part of which is closer to any property line, public road or off-site residence than 250 feet.
(2) 
Interior stalls shall be maintained in as dry a condition as practical. They shall be weatherproofed. All manure shall be removed on a daily basis and should be handled by one of the following alternative ways:
(a) 
Used immediately and incorporated into the soil of a garden.
(b) 
Incorporated into a bona fide composting procedure so odors or fly breeding and flies are not a by-product.
(c) 
Storage in a well-drained and screened storage area, located 50 feet or more from the property line or 100 feet from any off-site residences, until the manure can be handled in any of the above alternatives of Subsection A(2)(a) and (b), or such other reasonable alternatives as may be related to animal type.
(3) 
Lot size. The minimum lot size to be considered, including the dwelling site, shall be five acres. No more than one animal unit shall be kept on the first acre, and no more than one animal unit for each acre up to a total lot size of five acres. Above a five-acre lot size, animal numbers shall be determined on a site-specific basis. Parts of an acre, above one acre, may be used to determine numbers of mature large and medium-sized or immature large and medium-sized livestock. Each large animal unit shall require an additional acre on parcels up to 15 acres. After 15 acres, each parcel shall be considered on a case-by-case basis by the Planning Board, taking into consideration the characteristics and the carrying capacity of the same.
(4) 
Specific description of animal units by livestock categories (see Table 1 below). Animal units are utilized in this context in order to deal adequately with the wide variety of animal species which are appropriately managed under this section.
Table 1
Animal Units* for Specific Livestock Categories or Type
Livestock
Units Per Animal
Animals Per Unit
Remarks
Cattle:
Dairy: 1 year or older
1
1
Or cow with nursing calf
Under 1 year
1/2
2
Beef: 1 year or older
1
Or cow with nursing calf
Under 1 year
1/2
2
Steers (dairy or beef): 1 year or older
1
1
Under 1 year
1/2
2
Bulls (dairy or beef): 1 year or older
Under 1 year
1/2
2
Horses:
All breeds and sexes 6 months or older, 14 hands or more
1
1
Includes mares with foal until weaned or up to age of 6 months, equals 1 unit
All breeds under 6 months
1/2
2
(See above remarks)
Mules:
1
1
Ponies, burrows, donkeys:
1/2
2
Sheep:
All breeds and sexes, 1 year or older
1/5
5
Ewe with nursing lamb up to 3 months: 1/5 unit
Lambs over 3 months and up to 1 year
1/10
10
Goats: all breeds and sexes
Same as sheep (see above)
NOTES:
*
Thirty-two bird units equal one animal unit (see Subsection B). A combination of different livestock and fowl are acceptable so long as total densities are not exceeded for acreage available. Example: One donkey and 16 chickens would be acceptable on one acre. However, one horse and 16 chickens would not.
(5) 
All lots, when used to provide exercise and/or grazing for livestock, shall be fenced in a manner to be safe to animals and persons and located in a manner such that livestock will not cause damage to neighboring properties. Fences shall be constructed so as to be not more than five feet in height with posts not more than 10 feet apart. Barbed wire shall be avoided except where a sheep fence may require barbed wire to be strung at the bottom and top of the exterior fence in addition to woven wire for the purposes of dog control. Electric fence may be used for interior partition fences, where applicable, but not for exterior fences. The fence lot shall be so located and managed so that it drains properly, preventing any standing water from accumulating, and does not extend to reach streams passing through the property. Any such lot shall provide at least a twenty-five-foot buffer between the fence and any stream.
[Amended 7-18-1994 by Ord. No. 5-1994]
(6) 
Area minimums for outside lots for large and medium domesticated animals.
Animal
Minimum Area Per Animal Unit
(square feet)
Horses
1,000
Cattle
300
Sheep and goats
300
(7) 
Interior animal housing. All confined domesticated animals must have secure shelter which will keep off rain, provide shade, give protection from the wind and securely confine the animals when necessary. Floor conditions shall prevent slipping. When an exterior lot is accessible, a minimum of 100 square feet of interior floor space for the first animal and 50 square feet for each animal after that shall be provided.
B. 
Poultry (chickens, ducks, turkeys, geese and game birds such as pheasants and quail).
(1) 
Bird unit.
(a) 
The animal unit referred to with large domestic animals does not apply to poultry. However, a similar concept known as a "bird unit" shall be used. Since chickens are the most prevalent fowl in home agriculture, they shall be used as a base (bird unit) in calculating the number of fowl (other than chickens) permitted on a given site. A factor of one unit is assigned to the adult chicken. Immature poultry are assigned a fractional unit, while larger poultry such as turkeys, ducks and geese are expressed in large units. For example: a mature goose requires the space of four chickens, and, therefore, fewer are allowed for a particular area as compared to chickens.
(b) 
For home agriculture, not more than 32 bird units shall be allowed on any one-acre lot, and no more than 32 bird units for each additional acre up to three acres, a total of 96 bird units.
(c) 
Commercial poultry operators may require a much higher density. However, the bird units indicated here are for home agriculture.
(d) 
Refer to Table 3 for recommended bird unit comparison.
Table 3
Poultry Bird Units for Use With Home Animal Agriculture*
Maximum Number of Bird Units by Lot Size
Bird Unit
Factor
1
acre
2
acres
3
acres
4
acres
5
acres
Chickens (mature)
1
32
64
96
128
160
Broilers and fryers
1/3
Ducks
2
The maximum number of bird units (regardless of species) should not exceed those specified for chickens
Turkeys
3
Geese
4
NOTES:
*
Thirty-two bird units equal one animal unit. To determine the combination of birds that may be permitted on, for example, one acre, the following calculations are suggested: Multiply the bird number desired by the bird unit factor; the total should not exceed 32.
Example:
10 chickens
10 x 1 = 10 bird units
2 turkeys
2 x 4 = 8 bird units
7 ducks
7 x 2 = 14 bird units
(2) 
Management recommendation for home flocks.
(a) 
A small flock of fowl may be raised on a conventional litter floor with or without access to an outside yard, or confined to cages. When confined to cages, a minimum of 60 square inches of cage floor space per bird shall be provided. If the conventional floor system is used, birds shall be provided with a minimum of two or three square feet of floor space per chicken. Bantams shall be allotted 1/2 of the floor space recommended for standard size breeds.
(b) 
If poultry has access to an outdoor yard, the yard shall be a minimum size of 15 square feet of yard space per chicken. The yard must be properly maintained so as to minimize odors. However, no odor shall be discernible at the property line.
(c) 
Turkeys, ducks and geese require a yard size 50% larger than that for chickens. Three times as many broilers, fryers, etc., can be accommodated with no additional yard or house space, provided that sanitary conditions are maintained.
(d) 
Sanitary conditions within the house and the yard must be maintained in order to minimize the fly and odor problems. Fly and rodent control measures must be followed according to the recommendations of the New Jersey Agricultural Experiment Station (NJAES).
(e) 
Poultry manure may be applied to the soil as organic fertilizer, worked into a compost pile or disposed of off the premises. If stockpiled, it shall be covered with soil or lime. When disposed of on the land, the amount shall not exceed the recommended levels of 500 pounds per 1,000 square feet or the latest recommendations of the New Jersey Agricultural Experiment Station.
(3) 
Fencing and outside lots.
(a) 
If an outside lot is provided, it shall allow for 15 square feet of space per bird unit. If birds have access to a wire porch, a similar square footage shall be allowed.
(b) 
The yard shall be fenced with wire and be sufficiently strong and high enough to keep dogs and other predators from entering. The yard shall be kept free of debris, weeds and standing water and suitably screened with shrubbery or other appropriate devices. The yard shall not be placed any closer than 50 feet from neighboring property lines.
(4) 
Poultry waste management.
(a) 
Under the conventional floor system, desirable house conditions shall be maintained through a deep litter management program. Litter floors must be cleaned once annually.
(b) 
Dropping boards beneath roosting areas and the area beneath cages, where manure accumulates, must be cleaned once every three to five days.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COMMERCIAL AGRICULTURE
The activity of producing principally for sale plants, animals or their products for the use or consumption by man, including in a primary sense the growing, harvesting, storage, preparation for use and marketing of the products and those inputs essential to such activities, including the application of all technologies and methodologies approved by the New Jersey Agricultural Experiment Station or equivalent agricultural research institutions. These shall include but not be limited to soil preparation and management; fertilization; weed, disease and pest control; waste disposal; irrigation; drainage and water management; grazing; or harvesting, by man or animal. For example, commercial agricultural production includes but is not limited to forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; game birds; livestock, including beef cattle, sheep, horses, ponies, mules or goats, including the breeding and grazing of any or all such animals; bees and apiary products; fish; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products.
DOMESTICATED ANIMALS
Animals produced or used in agriculture, including, for example (but not limited to), horses, cattle, goats, poultry, fowl and furbearing animals and may include exotic household pets.
HOME AGRICULTURE
The activity of producing, principally for home use or consumption, plants, animals or their products by man, including in a primary sense the growing, harvesting, storage, preparation for use and where any sales are incidental, when conducted and performed within the recommendations of the New Jersey Agricultural Experiment Station or equivalent research institution. For example, "home agriculture" may include most products encountered in commercial agriculture but generally on a less-intensive economic scale.
NEIGHBORHOOD AGRICULTURE
Commercial agriculture conducted in an area of predominantly residential, business/commercial or industrial use which is oriented toward retail sales and generally limited to horticultural production, such as floral, nursery and fruits and vegetables, but which may include low-density animal agriculture such as poultry on a small scale.