[Amended 11-10-1981 by Ord. No. 354-2BB-81; 4-13-1982 by Ord. No. 354-3E-82; 8-25-1992 by Ord. No. 354-4F-92]
A. Except as hereinafter provided, no building permit shall be issued for any building or structure or enlargement of any building or structure for any commercial, industrial or office building; multiple-dwelling unit, condominium project or cooperative housing project; church, synagogue or place of worship; or fraternal, religious or social recreation building or structure unless a site plan is first submitted and approved by the Planning Board of the Township of Brick, and no certificate of occupancy shall be given unless all construction conforms to the approved plan. The term "structure" as used herein shall not apply to the construction by unit owners of a deck on the ground level or for a deck/patio enclosure to the rear of their residential unit in a condominium or cooperative housing project. This exception shall not relieve the unit owners of their obligation to obtain a building permit and to comply with any and all other applicable codes and/or ordinances pertaining to the construction of a deck or deck/patio enclosure as defined in §
245-3. A unit owner, prior to obtaining a building permit for the construction of said deck or deck/patio enclosure, shall submit to the Building Department written permission by the homeowners' association of the condominium or cooperative housing project approving the construction and placement of said deck or deck/patio enclosure. However, an abridged site plan may be submitted for structures where the Planning Board determines that the proposed structure does not constitute any major change from the site or create any deleterious effects on the surrounding area, provided that the following conditions are met:
[Amended 8-24-1993 by Ord. No. 354-2H-93; 11-24-1992 by Ord. No. 354-2E-92; 11-25-2008 by Ord. No. 38-08]
(1) Improvements to a building involving an alteration
to a building shall not exceed 1,000 square feet of area, as measured
from the exterior dimensions of the addition.
(2) The parking requirements set forth in Part
2, Zoning, of this chapter shall be complied with, and further, that the alteration
does not require additional parking spaces.
(3) The proposed construction shall not alter any internal
driveways or fire lanes as depicted on any previously approved site
plan.
(4) There shall be no use or alteration of more than 10%
of the existing landscaping or any area designated for that purpose
on a previously approved site plan.
(5) There shall be no intrusion or elimination of any
existing buffer area or area designated for that purpose on a previously
approved site plan.
(6) There shall be no alteration of the existing drainage.
(7) The work involved shall not negate any conditions
of the resolution of a previously approved site plan except as set
forth above. Further, existing site conditions must be in full compliance
with any previously approved plan.
(8) No variance of any kind is required.
(9) The Property Maintenance Code and all other applicable ordinances of the Township of
Brick shall be fully adhered to.
(10)
Proof shall be provided that no taxes or assessment
for local improvements are due or delinquent.
(11)
More than one application for an abridged site
plan may be submitted. However, subsequent additions shall not exceed
a cumulative total area of 1,000 square feet.
B. Prior to the issuance of a building permit pursuant to the conditions set forth in Subsection
A of this section, the applicant and property owner shall be required to submit plans, application and affidavits signed under oath evidencing compliance with the above conditions set forth in Subsection
A of this section. These documents shall be submitted to the Secretary of the Planning Board. The Planning Board shall review the submission within 45 days of the date on which it is received by its Secretary and shall notify the applicant and property owner of its decision. Upon approval, the Division of Inspections shall be authorized to issue a building permit, provided that the applicant has complied with all other applicable ordinances of the Township of Brick. In the event that a decision is not reached within the forty-five-day period, the submission shall be deemed to have been approved by the Planning Board.
C. Except as hereinafter provided, every change of use
shall require a site plan to be submitted and approved by the Planning
Board. However, an applicant seeking a change of use to another use
permitted in the particular zone may be exempt from this requirement,
provided that the new use does not occupy a building area greater
than 1,200 square feet. If not exempt, however, the applicant may
submit an abridged site plan, provided that the following conditions
are met:
[Amended 4-30-2002 by Ord. No. 354-2D-02]
(1) The proposed use is listed as a permitted use in the particular zone and is otherwise a conforming use. Conditional uses may also be eligible under this procedure, provided that all conditions of Article
XXXII, §
245-279 et seq., and Article
XXXIII are met.
(2) No variance of any kind is required by the proposed
change of use.
(3) The new use does not require additional parking spaces.
(4) The new use does not require the relocation and/or
alteration of any existing internal driveways or fire lanes.
(5) The new use will not increase operating hours.
(6) The new use does not require additional screening
or buffer areas.
(7) The buffer or landscaping areas shall not be reduced
or intruded upon.
(8) Notice shall be given to all property owners within
200 feet of the proposed change of any and all permitted uses. Notice
shall be in writing and served either personally (signed and dated,
acknowledgment required), or by certified mail return receipt requested,
upon the aforementioned property owners. Affidavit of service together
with the original certified list, certified mail receipts and copy
of the notice shall be submitted with the application.
(9) The Property Maintenance Code and all other applicable ordinances of the Township of
Brick shall be fully adhered to.
(10)
Proof is provided that no taxes or assessment
for local improvements are due or delinquent.
(11)
Existing site conditions must be in full compliance
with any previously approved plan.
D. Any application for a proposed change of use pursuant to the conditions set forth in Subsection
B of this section shall require the applicant and property owner to submit plans, application and affidavits signed under oath evidencing compliance with the above conditions set forth in Subsection
B of this section. These documents shall be submitted to the Secretary of the Planning Board. The Planning Board shall review the submission within 45 days of the date on which it is received by its Secretary and shall notify the applicant and property owner of its decision. However, the Planning Board will not reach a decision within 15 days from the date on which it is received by its Secretary. Upon approval, the Division of Inspections shall be authorized to issue a building permit, provided that the applicant has complied with all other applicable ordinances of the Township of Brick. In the event that a decision is not reached within the forty-five-day period, the submission shall be deemed to have been approved by the Planning Board.
[Added 6-15-1999 by Ord. No. 354-26-99]
A. The following procedures and requirements shall be
deemed applicable to applications for a conditional exemption for
site plan approval. A conditionally exempt site plan involves a development
proposal which involves:
(1) The construction of an addition to an existing building, the floor area of which will not exceed 50% of the floor area of the existing building, provided that the addition shall not exceed 2,500 square feet and provided further that a change of use of the building is not involved, except as permitted in Subsection
A(2) below. No more than one such exemption per building shall be permitted.
(2) The interior or exterior renovation or improvement of a building, provided that a change of use of the building is not involved, except as permitted in Subsection
A(3) below.
(3) The change of use of an existing building, or portion
thereof, from a nonconforming use, provided that the building or portion
thereof consists of a floor area of not more than 3,000 square feet.
No more than one such exemption per building shall be permitted.
(4) The addition of accessory structures and site improvements
to a developed property, provided that the structures and improvements
are incidental and accessory to the principal use of the property.
(5) Freestanding accessory buildings on developed properties,
provided that the building is accessory to the principal use of the
property and that the building does not exceed 2,500 square feet of
gross floor area. Only on exemption every two years, the aggregate
of square footage not to exceed 2,500 square feet.
B. Such a proposal may be exempt from formal site plan
review and approval provided the proposal meets the criteria established
by this chapter. Approval of such a proposal may be granted by the
principal Planner or referred to the approving authority for their
review and determination as to whether the Principal Planner may grant
approval or whether a formal site plan review is required.
C. Any applicant requesting approval of a conditionally
exempt site plan as defined in this chapter shall submit to the Principal
Planner three sets of the items required by this chapter, together
with an executed application form, the prescribed fee and evidence
that no taxes or assessments are outstanding against the property.
In addition, the applicant shall establish the following:
(1) Adequate parking spaces must be provided. Parking
space dimensions (regular and handicapped) must be provided on the
plan to verify ordinance compliance. Handicapped striping details
pursuant to the ADA must be provided on the plan.
(2) Appropriate landscaping must be provided. Adequate
landscaping must be provided and shown on the plan. Existing and proposed
landscaping along with ground cover must be identified on the plan
as required by ordinance.
(3) There shall be no intrusion into any buffer area designated
for that purpose on a previously approved plan. Buffer areas must
be delineated on the plan and supplemented, where necessary, to provide
the required visual screen.
(4) Information relating to advertising signage location
and design must be shown on the plan in addition to 911 emergency
response signage. Sign location and a detail must be shown on the
plan.
(5) A lighting plan must be supplied. Existing and proposed
lighting fixtures and footcandle limits for the existing proposed
lighting fixtures must satisfy ordinance compliance.
(6) The use of the property along with its applicable
SIC code number must be provided on the application and plan.
(7) Plan must contain fire lanes and striping to comply
with the Brick Township Fire Prevention Bureau. (Fire Prevention Bureau
may be contacted prior to preparation of plans for suggestions relating
to required stopping, signage and fire lane locations).
(8) All other approvals and permits required by law or
regulation are obtained and copies submitted to the Land Use Office,
including but not limited to the Ocean County Board of Health, Ocean
County Planning Board, New Jersey Department of Transportation, and
the Ocean County Soil Conservation District, if applicable to the
application.
(9) The applicant is aware of and shall comply with Ordinance No. 354-2C-93 regarding a mandatory financial contribution to the Township of Brick Affordable Housing Trust Fund (Article
VI, §
245-66 et seq.).
D. The application shall be declared complete or incomplete
within a forty-five-day period from the date of submission.
E. The following procedures and requirements shall be
deemed applicable to applications for a conditional exemption for
site plan approval. A conditionally exempt site plan involves a development
proposal which involves:
[Amended 4-25-2006 by Ord. No. 13-06]
(1) The construction of an addition to an existing building, the floor area of which will not exceed 50% of the floor area of the existing building, provided that the addition shall not exceed 2,500 square feet and provided further that a change of use of the building is not involved, except as permitted in Subsection
E(2) below. No more than one such exemption per building shall be permitted.
(2) The interior or exterior renovation or improvement of a building, provided that a change of use of the building is not involved, except as permitted in Subsection
E(3) below.
(3) The change of use of an existing building, or portion
thereof, from a nonconforming use, provided that the building or portion
thereof consists of a floor area of not more than 3,000 square feet.
No more than one such exemption per building shall be permitted.
(4) The addition of accessory structures and site improvements
to a developed property, provided that the structures and improvements
are incidental and accessory to the principal use of the property.
(5) Freestanding accessory buildings on developed properties,
provided that the building is accessory to the principal use of the
property and that the building does not exceed 2,500 square feet of
gross floor area. Only one such exemption shall be permitted every
two years, the aggregate of square footage not to exceed 2,500 square
feet.
(6) Such a proposal may be exempt from formal site plan
review and approval, provided the proposal meets the criteria established
by this chapter. Approval of such a proposal may be granted by the
Principal Planner or referred to the approving authority for its review
and determination as to whether the Principal Planner may grant approval
or whether a formal site plan review is required.
F. Any applicant requesting approval of a conditionally
exempt site plan as defined in this chapter shall submit to the Principal
Planner three sets of the items required by this chapter, together
with an executed application form, the prescribed fee and evidence
that no taxes or assessments are outstanding against the property.
In addition, the applicant shall establish the following:
[Amended 4-25-2006 by Ord. No. 13-06]
(1) Adequate parking spaces must be provided. Parking
space dimensions (regular and handicapped) must be provided on the
plan to verify ordinance compliance. Handicapped striping details
pursuant to the ADA must be provided on the plan.
(2) Appropriate landscaping must be provided. Adequate
landscaping must be provided and shown on the plan. Existing and proposed
landscaping along with ground cover must be identified on the plan
as required by ordinance.
(3) There shall be no intrusion into any buffer area designated
for that purpose on a previously approved plan. Buffer areas must
be delineated on the plan and supplemented, where necessary, to provide
the required visual screen.
(4) Information relating to advertising signage location
and design must be shown on the plan in addition to 911 emergency
response signage. Sign location and detail must be shown on the plan.
(5) A lighting plan must be supplied. Existing and proposed
lighting fixtures and footcandle limits for the existing proposed
lighting fixtures must satisfy ordinance compliance.
(6) The use of the property along with its applicable
SIC code number must be provided on the application and plan.
(7) Plan must contain fire lanes and striping to comply
with the Brick Township Fire Prevention Bureau. (Fire Prevention Bureau
may be contacted prior to preparation of plans for suggestions relating
to required stopping, signage and fire lane locations.)
(8) All other approvals and permits required by law or
regulation are obtained and copies submitted to the Land Use Office,
including but not limited to the Ocean County Board of Health, Ocean
County Planning Board, New Jersey Department of Transportation and
the Ocean County Soil Conservation District, if applicable to the
application.
(9) The applicant is aware of and shall comply with Ordinance
No. 354-2C-93 regarding a mandatory financial contribution to the
Township of Brick Affordable Housing Trust Fund.
G. The application shall be declared complete or incomplete
within a forty-five-day period from the date of submission.
[Amended 4-25-2006 by Ord. No. 13-06]
H. Conditionally exempt site plan approval may be granted
by the Principal Planner, provided the following criteria are met:
[Added 4-25-2006 by Ord. No. 13-06]
(1) Adequate parking spaces must be provided in compliance
with this chapter.
(2) Appropriate landscaping must be provided pursuant
to this chapter.
(3) There shall be no intrusion into any buffer area designated
for that purpose on a previously approved site plan or as required
by this chapter.
(4) There shall be no substantial alterations of the existing
drainage involving construction of new facilities, new grading or
construction to be performed (other than the addition of parking spaces
and aisles) which would substantially change the path, direction or
quantity of surface water flow except as may be approved by the Township
Engineer.
(5) The work involved shall not negate any condition of
a previously approved site plan except as set forth above.
(6) The proposed addition or alteration does not violate
any zoning ordinance requirements. The Principal Planner may grant
conditional site plan approval to an applicant where there exists
on the subject property preexisting conditions which would ordinarily
require variance, so long as the addition or alteration sought does
not itself violate any zoning ordinance or create the need for additional
variances.
(7) Other approvals and permits required by law or regulation
are obtained and copies submitted to the Principal Planner.
(8) The Property Maintenance Code and all other applicable
ordinances of the Township of Brick shall be fully adhered to.
I. The Principal Planner may, at his discretion, submit
any matter to the Planning Board or Board of Adjustment for its review
and determination as to whether or not minor site plan approval may
be granted or whether major site plan approval shall be required.
[Added 4-25-2006 by Ord. No. 13-06]
J. Performance guaranty. After approval of a conditional
exempt site plan and before issuance of any building permit for the
site, the applicant shall furnish an approved surety company bond
(the amount to be approved by the Township Engineer) for the purpose
of guaranteeing the completion of such items in the site plan as will
affect the public interest, such as, but not limited to, drainage,
streets, sidewalks, recreational areas, shade trees or shrubbery and
required landscaping, off-street parking, loading and unloading zones
and artificial lighting. A building permit shall not be issued prior
to the completion of all conditions of approval by the applicant.
[Added 4-25-2006 by Ord. No. 13-06]
[Amended 1-8-1980 by Ord. No. 354-3C-80]
All improvements, except electric, gas, water
and sewer lines, shall be installed under the supervision and inspection
of the Township Engineer, the cost thereof to be borne by the developer.
Said reasonable cost of inspection shall be estimated in advance by
the Township Engineer or, at his discretion, the Planning Board Engineer,
and such amount, in the form of cash or certified check, shall be
deposited with the Township Treasurer before commencement of any construction.
The Treasurer shall establish an escrow account to pay for Township
Engineer inspection fees. The reasonable cost for inspection shall
be paid to the Engineer as work progresses. If said deposit shall
be insufficient, any additional reasonable inspection cost shall be
paid by the applicant before the improvement is accepted by the Township
of Brick. Any balance from the deposit, after inspection costs have
been deducted therefrom, shall be refunded to the applicant by resolution
of the Township Council.
[Amended 5-25-1993 by Ord. No. 354-2E-93]
A. No construction work shall commence without the Township
Engineer's being properly notified. Such notice shall be given at
least 48 hours before the commencement of work.
B. Construction of all improvements shall be in conformance with the design standards and improvements sections of Part
3, Subdivision of Land, of this chapter, except where enumerated herein.
C. Parking lot minimum specifications shall be six inches compacted thickness gravel (gravel shall conform to Part
3, Subdivision of Land, of this chapter), two inches stabilized base Type I-2, 1 1/2 inches FABC Mix I 5.
[Amended 5-9-2000 by Ord. No. 354-2U-00]
D. The perimeter of all paved areas shall be curbed with
portland cement concrete curb.
E. Construction of all improvements shall be in conformance with the design standards and improvements sections of Part
3, Subdivision of Land, of this chapter, except where enumerated herein.
F. The applicant shall make provisions for maintaining
landscaping and buffer zones in compliance with the original site
plan approval.
G. The minimum slope for any parking area shall be 1%.
All roof leaders shall be tied into a storm sewer pipe system.
[Added 5-9-2000 by Ord. No. 354-2U-00]
[Added 5-9-2000 by Ord. No. 354-2Y-00]
A. Architectural review shall be required for all phases
of construction associated with site plan approval. Review shall be
required for all phases of construction associated with site plan
approval and shall be undertaken by a subcommittee of the Planning
Board consisting of three members.
B. This review shall consist of an evaluation of the
architectural aspects of the building and site construction, such
as but not limited to:
(1) Location and screening of mechanicals.
(2) Freestanding and facade sign architecture.
(3) Building and facade lighting.
(4) Quantity, placement, type of foundation plantings.
C. The Architectural Review Committee will provide the
Planning Board with a report that will include comments and recommendations.