This chapter shall be known and may be cited
as the "Alpha Borough Site Plan Review Ordinance of 2000."
Site plan review and approval shall be required
as a condition for the issuance of a permit for any development, except
that individual lot applications for detached one- or two-dwelling-unit
buildings which are part of a minor subdivision shall be exempt from
site plan approval.
In the case of a site plan for a development
which proposes construction over a period of years, the developer
shall plan proposed stages so as to protect the interests of the public
and of the residents, occupants and owners of the proposed development
during the total completion of the development.
The following documents shall be submitted with
all applications for approval:
A. Proof from the Alpha Borough Tax Collector or other
designated official that no taxes or assessments for local improvements
are due or delinquent on the property for which the site plan application
is made.
B. Where the applicant is a corporation or partnership,
it shall submit the following:
(1) A list of all stockholders or individual partners
owning at least 10% of its stock or at least 10% of the interest in
the partnership, as the case may be, pursuant to N.J.S.A. 40:55D-48.1.
(2) Where the 10% or more of the ownership disclosed pursuant
to N.J.S.A. 40:55D-48.1 is by a corporation or partnership, the applicant
shall provide a list of all stockholders or individual partners owning
at least 10% of the stock or partnership interest in a corporation
or partnership owner subject to disclosure pursuant to N.J.S.A. 40:55D-48.1.
Prior to the submission of a preliminary site
plan, the applicant is encouraged to submit a concept plan showing
the proposed site development. The Planning Board shall grant an informal
review of a concept plan from which the applicant intends to prepare
and submit an application for development. The concept plan shall
be in sufficient detail to allow the Board to make an informal decision
on the merits of the proposal. The applicant shall not be bound by
any concept plan for which review is requested, and the Board shall
not be bound by any such review.
[Added 11-12-2013 by Ord. No. 13-19]
Minor site plan requirements shall be as follows:
A. Lot or tract boundary information must be shown, but may be based
upon Tax Map, deed or other reasonably accurate base.
B. Names of owner(s), block and lot numbers and street address of subject
property and of properties within 200 feet of the tract.
C. General topography need be shown on the site.
D. Documentation supporting the adequacy of any existing septic must
be provided.
E. Location of one-hundred-year floodplain with source of information.
F. Location of any wetlands on and within 150 feet of the tract as determined
by a qualified individual.
G. Existing and proposed rights-of-way, easements or covenants affecting
the property.
H. Gross and net area of existing lot(s).
I. Setback dimensions of existing structures and required by Zoning
Ordinance building setback lines.
J. A schedule of required and provided zone district requirements, including
lot area, width, depth, yard setbacks, impervious surface ratio, floor
area ratio, etc.
K. Location, type and size of proposed utility services, including but
not limited to gas, electric, water, sewer and cable television; location
of proposed wells and septic systems where public sewer and water
are not available.
L. Location and first floor and garage floor elevation of all existing
buildings and structures and the location of all existing driveways.
M. Location of existing and proposed signs and details of their size,
lighting and type of construction.
N. The location, type and size of proposed curbs, sidewalks, driveways,
fences, landscaping, retaining walls, drainage facilities, parking
spaces and loading areas on the site.
O. A narrative indicating the proposed use of the property and anticipated
impacts upon traffic circulation, parking, lighting, stormwater runoff
and sewage disposal.
Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a zoning permit, construction permit or certificate of occupancy, as the case may be, shall be construed to be a violation of this chapter and shall be grounds for the revocation of any zoning permit, construction permit or certificate of occupancy, as the case may be. If the Construction Code Official finds that any conditions of site plan approval have not been met, he shall give the applicant 10 days' written notice to comply with said conditions, and failure to comply within this ten-day period shall result in revocation of the zoning permit, construction permit, certificate of occupancy or certificate of continued occupancy, as the case may be. Such violations may additionally or singly also be prosecuted under provisions of Chapter
410, Zoning.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be subject to any combination
of the following:
A. A fine of not more than $1,250.
B. A term of imprisonment not to exceed 90 days.
C. A term of community service not to exceed 90 days.
The following checklists are adopted as part
of this chapter and shall be submitted with all applications to be
determinative of the requirements of completeness as amplified in
the appropriate sections of this chapter. The specific requirements
of the written portions of this chapter to which these checklists
refer shall be the requirements for completeness.
[Added 11-9-2021 by Ord. No. 2021-13]
A. General. Prior to the granting of final approval, the applicant shall
have installed or make cash payments toward the ultimate installation
of off-site or off-tract improvements and in accordance with the standards
and conditions governing on-site improvements. Off-site or off-tract
improvements herein shall include but not be limited to installation
of new improvements and extension and modifications of the existing
improvements.
B. Estimate of cost and benefits. If an off-site or off-tract improvement
is required, the Land Use Board shall, with the aid of the Borough
Engineer and such other persons as have pertinent information or expertise,
estimate the cost of the improvement and the amount by which all properties
to be serviced thereby, including the applicant's property, will be
specially benefited therefrom.
C. Manner of construction. When those estimates are received, the Borough
Council shall then decide whether the off-site or off-tract improvement
is to be constructed by the Borough as a general improvement, or by
the Borough as a local improvement, or by the applicant under a formula
providing for partial reimbursement by the Borough for benefits to
properties other than the subdivision.
D. Amount of contribution. When this has been determined, the applicant
may be required to provide, as a condition for final approval of the
site plan, a cash deposit to the Borough of one of the following amounts:
(1) If the improvement is to be constructed by the Borough as a general
improvement, an amount equal to the difference between the estimated
cost of the improvement and the estimated total amount, if less, by
which all properties to be serviced thereby, including the applicant's
property, will be specially benefited by the off-site or off-tract
improvement(s);
(2) If the improvement is to be constructed by the Borough as a local improvement, then, in addition to the amount referred to in Subsection
D(1), the estimated amount by which the applicant's property subdivision will be specially benefited by the off-site or off-tract improvement(s); or
(3) If the improvement is to be constructed by the applicant, an amount
equal to the estimated cost of the off-site Borough Code section improvement,
less an offset for benefits to properties other than the applicant's
property.
E. Allocation of costs. The allocation of costs shall be determined
in accordance with the following:
(1) The Land Use Board may consider the total cost of the off-site or
off-tract improvements, the benefits conferred upon the applicant's
property, the needs created by the applicant, population and land
use projections for the general areas of the applicant's property
and other areas to be served by the off-site or off-tract improvements,
the estimated times of construction of off-site or off-tract improvements
and the conditions and periods of usefulness, which periods may be
based upon the criteria of N.J.S.A. 40A:2-22. The Land Use Board may
further consider the criteria set forth below.
(2) Road, curb and sidewalk improvements may be based upon the anticipated
increase of traffic generated by the applicant's property site plan.
In determining such traffic increase, the Land Use Board may consider
traffic counts, existing and projected traffic patterns, quality of
roads and sidewalks in the area and other factors related to the need
created by the site plan approval and the anticipated benefit thereto.
(3) Drainage facilities may be based upon the percentage relationship
between the site plan acreage and the acreage of the total drainage
basins involved.
(4) Sewerage facilities may be based upon the proportion that the applicant's
site plan's total anticipated volume of sewage effluent bears to the
existing capacity of existing and projected sewage disposal facilities,
including but not limited to lines and other appurtenances leading
to and servicing the applicant's property. The Land Use Board may
also consider types of effluent and particular problems requiring
special equipment or added costs for treatment.
(5) Water supply and distribution facilities may be based upon the added
facilities required by the total anticipated water use requirements
of the applicant's property.
F. Payment of allocated cost(s).
(1) The estimated cost of the off-site improvement allocated to the applicant,
if deposited in cash, shall be paid by the applicant to the Borough
CFO/Treasurer, who shall provide a suitable depository therefor; and
such funds shall be used only for the off-site or off-tract improvements
for which they are deposited or improvements serving the same purpose,
unless such improvements are not initiated by the Borough within a
period of 10 years from the date of payment, after which time said
funds so deposited shall be returned, together with accumulated interest
or other income thereon, if any.
(2) In the event that the payment by the applicant to the Borough CFO/Treasurer
provided for herein is less than its share of the actual cost of the
off-site or off-tract improvements, then it shall be required to pay
its appropriate share of the cost thereof.
(3) In the event that the payment by an applicant to the Borough CFO/Treasurer
provided for above is more than its appropriate share of the actual
cost of installation of the off-site or off-tract improvements, it
or its successor or assigns shall be repaid an amount equal to the
difference between the deposit and its share of the actual cost.
(4) If the applicant shall deem that any of the amounts so estimated
by the Land Use Board are unreasonable, it may challenge them and
seek to have them revised in appropriate proceedings brought to compel
site plan approval.
(5) If the applicant and the Borough cannot agree with respect to the
applicant's appropriate share of the actual cost of the off-site or
off-tract improvement(s) or the determination made by the officer
or board charged with the duty of making assessments as to special
benefits, if the off-site improvement or off-tract is constructed
as a local improvement, the dispute shall be decided in an appropriate
judicial proceeding or proceedings.
G. Assessment of properties. Upon receipt from the applicant of its
allocated share of the costs of the off-site or off-tract improvements,
the Borough may adopt a local improvement assessment ordinance for
the purpose of construction and installation of the off-site or off-tract
improvements based upon the actual cost thereof. Any portion of the
cost of the improvements not defrayed by a deposit by an applicant
may be assessed against benefiting property owners by the Borough.
Any assessments for benefits conferred made against the applicant
or its successors in interest shall be first offset by a pro-rata
share credit of the allocated costs previously deposited with the
Borough CFO/Treasurer pertaining thereto. The applicant, or his successors
in interest, shall not be liable for any part of an assessment for
such improvements unless the assessment exceeds its pro-rata share
credit for its deposit, and then only to the extent of the deficiency.
H. Credit for work performed. In the event that the applicant, with
the Borough's consent, decides to install and construct the off-site
or off-tract improvement, or any portion thereof, the certified cost
shall be treated as a credit against any future assessment for that
particular off-site or off-tract improvement, or portion thereof,
constructed by the Borough in the same manner as if the applicant
had deposited its apportioned cost with the Borough CFO/Treasurer,
as provided herein.
I. Installation of improvements by applicant.
(1) At the discretion and option of the Borough, the Borough may enter
into a contract with the applicant, providing for the installation
and construction of the off-site or off-tract improvements by the
applicant upon contribution by the Borough of the remaining unallocated
portion of the cost of the off-site or off-tract improvement(s).
(2) In the event that the Borough so elects to contribute to the cost
and expense of installation of the off-site or off-tract improvements
by the applicant, the portion contributed by the Borough shall be
subject to possible certification and assessment as a local improvement
against benefiting property owners in the manner provided by law,
if applicable.
J. Design standards. Should the applicant and the Borough enter into
a contract for the construction and erection of the off-site or off-tract
improvements to be done by the applicant, it shall observe all requirements
and principles of the site plan and other ordinances in the design
of such improvements.