Site plan review and approval shall be required
before any change of use, or before any excavation, removal of soil,
clearing of a site or placing of any fill on lands contemplated for
development, and, except as hereinafter provided, no building permit
shall be issued for any building or use, or reduction or enlargement
in size or other alteration of any building or change in use of any
building including necessary structures unless a site plan is first
submitted and approved by the reviewing board and no certificate of
occupancy shall be given unless all construction and development conform
to the plans as approved by the reviewing board.
A.
Site plan approval shall not be required for any detached
one- or two-dwelling-unit buildings or any uses accessory thereto,
such as a private garage or storage shed incidental to residential
uses; but this shall not limit the requirements for submission and
approval of subdivision plats as otherwise required by Township ordinances.
B.
The Land Use Board has the jurisdiction to waive site
plan approval under certain circumstances. The Land Use Board Engineer
shall issue a report making a recommendation in regard to an application
for site plan waiver. The Land Use Board may waive site plan approval
requirements if the construction or alteration or change of occupancy
or use does not affect existing circulation, drainage, relationship
of buildings to each other, landscaping, buffering, lighting and other
considerations of site plan review.
[Amended 10-22-2012 by Ord. No. 2012-10]
C.
An application for approval of site plan waiver shall be submitted
to the Land Use Board. The applicant shall submit five copies of the
application along with a survey prepared by a licensed land surveyor
indicating the existing lot lines and all existing structures and
buildings as well as such other information as the Land Use Board
Engineer may require. The applicant shall also submit an application
fee of $250 and an initial escrow fee of $750.
[Added 10-22-2012 by Ord. No. 2012-10]
In reviewing any site plan, the board shall
consider:
A.
Circulation.
(1)
Pedestrian and vehicular traffic movement within and
adjacent to the site shall be reviewed with particular emphasis on
the provision and layout of parking areas, off-street loading and
unloading, movement of people, goods and vehicles from access roads,
within the site, between buildings and vehicles and particularly fire-fighting
and emergency equipment.
(2)
The appropriate Township body shall require that all
parking spaces are usable and are safely and conveniently arranged.
Access to the site from adjacent roads shall be designed so as to
interfere as little as possible with traffic flow on these roads and
to provide vehicles with a rapid and safe ingress and egress.
B.
Building layout. The design and layout of buildings,
streets, drives, and parking areas shall be reviewed so as to provide
an aesthetically pleasing design and efficient arrangement. Particular
attention shall be given to safety and fire protection, impact on
surrounding development and contiguous and adjacent buildings and
lands, and preservation of existing natural resources.
C.
Lighting. Adequate lighting shall be provided to insure safe movement of persons and vehicles and for security purposes. Lighting standards shall be a type approved by the Planning Board in accordance with the design standards of Article X. Directional lights shall be arranged so as to eliminate glare and reflection on adjacent properties.
D.
Buffering. Buffering shall be located around the perimeter
of the site to minimize effects of vehicles, noise, light from structures,
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.
E.
Landscaping. A landscaping plan shall be provided
as part of the overall site plan design and integrated into building
arrangements, topography, parking and buffering arrangements. Landscaping
shall include trees, bushes, shrubs, ground cover, perennials, annuals,
plants, sculpture, art and the use of building and pavement materials
as set forth in this chapter.
F.
Signs. Signs shall be designed so as to be aesthetically
pleasing, harmonious with other signs on the site, and located so
as to achieve their purpose without constituting hazards to vehicles
and pedestrians and shall be in accordance with the applicable provisions
of the Township ordinances.
G.
Drainage, water and sewers. Storm drainage, sanitary
waste disposal, water supply and garbage disposal shall be reviewed
and considered. Particular emphasis shall be given to the adequacy
of existing systems and the need for improvements, both on-site and
off-site, to adequately carry runoff and sewage and to maintain an
adequate supply of water at sufficient pressure.
H.
Garbage disposal. Garbage disposal shall be adequate
to insure freedom from vermin and rodent infestation. All disposal
systems shall meet state and municipal requirements as to installations
and construction, including Township health ordinances.[1]
[1]
Editor's Note: See Part II, Board of Health
Legislation, of this Code.
I.
Environmental impact. Environmental elements relating
to soil erosion and sediment control as contained in Township ordinances,
preservation of significant structures of historical or architectural
importance to the Township, preservation of trees, protection of watercourses
and resources, noise, topography, soil and animal life shall be reviewed
and the design of the plan shall minimize any adverse impact on these
elements.
L.
Taxes. All taxes and assessments against the site
shall be paid prior to any preliminary approval.
M.
Recycling. All site plans shall be prepared to include an area for the storage and pickup of recyclable materials. All site plans for the construction of 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land shall include separate specific facilities for the separation, collection and pickup of recyclable materials on or within the site. The provisions of Chapter 144, Solid Waste, Article I, Recycling, of this Code shall be complied with.
A.
The applicant shall file, at least 14 days before
the date of the regular public monthly meeting of the Planning Board,
eight certified copies of a site plan and three copies of an application
for site plan review, together with all other plans, drawings, and
documentation required herein or by any rule of the Planning Board,
with the Township Clerk.
C.
The applicant shall file an application with the County
Planning Board of the County of Sussex together with four copies of
the site plan and one copy of the Township application for site plan
approval.
A complete application for preliminary approval
shall also consist of the following:
A.
A properly completed site plan application form.
B.
The required fees.
C.
Eight copies of the site plan prepared and certified
by a licensed civil engineer or surveyor on which the following is
set out:
(1)
A survey of the subject property, the scale of which
shall not exceed one inch equals 50 feet.
(2)
Locator map showing the nearest roads and intersections.
(3)
All existing structures, wooded areas and topography
with two-foot intervals, except where the slope exceeds 25%, in which
case contour intervals may be 10 feet, along with proposed grading
and contours.
[Amended 2-28-2006 by Ord. No. 2006-7; 5-29-2007 by Ord. No.
2007-7]
(4)
All lot lines, dimensions and area in square feet
and owners of lots within 200 feet of the site and locations of all
structures within 100 feet of the property and, for plans with areas
greater than 50 acres, owners within 500 feet and structures within
200 feet.
(5)
The location and designation of streams, ponds, brooks,
national wetlands, floodplains, and other natural features, sidewalks,
driveways, streets, easements, watercourses and right-of-way, existing
and proposed, showing size and locations, curbing, sightlines and
radii, and the location of existing and proposed property lines, buildings,
watercourses, railroad, bridges, culverts, drain pipes, and any natural
features such as wooded areas and rock formations. Streets and driveways
in the development shall be of sufficient width and suitable grade
and suitably located to accommodate prospective traffic and to provide
access for fire-fighting and emergency equipment to buildings and
coordinated so as to compose a convenient system consistent with the
official map and the circulation element of the Master Plan, and so
oriented as to permit, within the limits of practicability and feasibility,
the buildings constructed thereon to maximize solar gain.
(6)
Existing zones of the development site and of any
different zones within 200 feet of the property and, for plans with
areas greater than 50 acres, owners within 500 feet and structures
within 200 feet.
(7)
Title, key map location of development and the name
and address of record owner and development applicant and tax map
lot and block and site planner preparing the site development plan.
(8)
Proposed use or uses of the land and buildings, "including
a description of industrial process to be carried out."
(9)
Scale and graphic scale.
(10)
North arrow, in same direction on all sheets exclusive
of architectural plans.
(11)
Utility and drainage plan details and calculations,
existing and proposed.
(12)
Preliminary architectural plans showing front view
or front elevation of the proposed structure's or structures' first
floor and finished grade elevations at all corners and entrances and
locations of structures with areas, setbacks, side lines and rear
yard distances.
(13)
Preliminary plans for parking, lighting, loading, signs, landscaping, buffering, etc., with dimensions of parking lot, parking spaces, loading areas, access drives, traffic circulations, types of surface, paving and curbing, lighting specifications and radius of light source, and specific type of landscaping and garbage disposal in conformance with the design standards shown in Article X, and plans for model homes as set forth in Subsection C(26) of this section.
(14)
Any off-tract improvements necessitated by the proposed
development.
(15)
A copy of the soil erosion and sedimentation control plan, required by Chapter 136 of this Code.
(16)
All existing or proposed exterior lighting, freestanding
and/or on building, for size, nature of construction, lumens, heights,
area and direction of illumination, radius of light source, footcandles
produced, as well as time controls proposed for outdoor lighting and
display.
(17)
All existing and proposed signs and their sizes; nature
of construction and location, height and orientation, including all
identification signs, traffic directional signs and arrows, freestanding
and facade signs and time control for sign lighting, if any.
(18)
Landscape plan, which shall be signed by a licensed
landscape architect.
(20)
Comparative table of zoning requirements and development
proposals.
(21)
The site plan shall include, within the limits of
practicability and feasibility, provisions for the conservation of
energy and use of renewable energy sources, pursuant to the provisions
of N.J.S.A. 40:55D-41(e).
(22)
The proposed location of all drainage, sewage and
water facilities and fire protection facilities, with proposed grades,
sizes, capacities and types of materials acquired or required across
adjoining properties. The method of sewage and waste disposal and
waste incineration, if any, shall be shown, and percolation tests
from sufficient locations on the site to allow a determination of
adequacy by the Township Board of Health where septic tanks and leaching
fields are proposed and permitted shall be included. Such plans shall
be reviewed by the Township Engineer, with recommendations to the
Planning Board. In some circumstances additional information beyond
these may be required of the applicant. If so, these should be carefully
indicated by the reviewing board as early in the proceedings as possible
for the orderly presentation of the application.
(23)
A written description of the proposed operations of
the building or buildings, including the number of employees or members
of nonresidential buildings; the proposed number of shifts to be worked
and the maximum number of employees on each shift; expected truck
and tractor-trailer traffic; emission of noise, glare, air and water
pollution; safety hazards; and anticipated expansion plans incorporated
in the building design. If the use is located in the industrial zone
district, describe in detail all processes and manufacturing or assembling
or fabricating to be conducted on site.
(24)
If applicant plans to warehouse, store, wholesale
or sell any of the following listed items: oil, petroleum, gasoline,
kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes,
crude oils and liquid propane, or all pesticides designated as "prohibited,"
“restricted,” or "specially restricted":
(a)
Describe in detail the proposed use and the
storage facilities for the subject materials.
(b)
Describe in detail all proposed methods and
processes designed to prevent water pollution, air pollution, fumes
or dust.
(c)
Set forth fire prevention measures proposed.
(d)
Describe in detail the proposed methods of storage
of the materials.
(e)
List and describe in detail the proposed methods
of storage of the materials.
(f)
Set forth in detail proposed methods for complying
with the New Jersey Pesticide Control Act of 1971, N.J.S.A. 13:1F-1
et seq., as amended, N.J.A.C. 7:26-6.13 and 7:26-6.14 and also N.J.A.C.
7:30-1.5 through 7:30-1.7.
(g)
Set forth in detail proposed methods for compliance
with Federal Water Pollution Control Act of 1972, 53 U.S.C. § 1251
et seq.
(h)
Set forth in detail the proposed methods of
compliance with regulations relating to hazardous substances as defined
by the Federal Environmental Protection Agency at 40 F.R. 59961, December
30, 1975, proposed pursuant to Section 311(B)(2)(A) of the Federal
Water Pollution Control Act of 1972, 53 U.S.C. § 1251 et
seq.
(i)
Describe in detail all other methods of protection
of public health, safety and welfare of the persons in property of
residence on adjacent properties, the neighborhood, and in the community.
(25)
Recycling. All site plans shall be prepared to include an area for the storage and pickup of recyclable materials. All site plans for the construction of 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land shall include separate specific facilities for the separation, collection and pickup of recyclable materials on or within the site. The provisions of Chapter 144, Solid Waste, Article I, Recycling, of this Code shall be complied with.
(26)
Model homes.
(a)
If the developer intends to utilize a unit as
a model within a site plan during the period necessary for the sale
of new units within the development, the following shall be shown
on the preliminary site plan:
(b)
There shall be only one model unit within each
development.
(c)
Each model unit shall have an off-street parking
area providing parking for a minimum of six automobiles.
(d)
The base course of the parking area and driveway
shall be at minimum a six-inch gravel subbase type 5 Class A.
(e)
Exterior lighting shall be installed adequate
in the opinion of the Township Engineer to illuminate the parking
area.
(f)
A lawn and landscaping shall be installed.
(g)
Any proposed sign shall be included on the plan
showing setbacks and size and construction materials.
(h)
In the event the developer decides to install
a model unit after the construction of site plan improvements, a plot
plan showing same, in accordance with these standards, shall be reviewed
and approved by the Township Construction Official prior to construction.
D.
All public services shall be connected to an approved
public utilities system where one exists.
(1)
The developer shall arrange with the servicing utility
for the underground installation of the utility's distribution supply
lines and service connections in accordance with the provisions of
the applicable standard terms and conditions incorporated as a part
of its tariff as the same are then on file with the State of New Jersey
Board of Public Utility Commissioners, and the developer shall provide
the Township with four copies of a final plan showing the installed
location of these utilities.
(2)
The developer shall submit to the board, prior to
the granting of final approval, a written instrument from each service
utility which shall evidence full compliance or intended full compliance
with the provisions of this subsection; provided, however, that lots
which abut existing streets where overhead electric or telephone distribution
supply lines and service connections have heretofore been installed
may be supplied with electric and telephone service from those overhead
lines, but any new service connections from the utilities' overhead
lines shall be installed underground.
(3)
In the case of existing overhead utilities, should
a road widening or an extension of service or other such condition
occur as a result of the development and necessitate the replacement
or relocation of such utilities, such replacement or relocation shall
be underground.
(4)
An installation under this subsection to be performed
by a serving utility shall be exempt from any provisions requiring
performance guaranties and inspection and certification by the Township
Engineer.
E.
A written description of the proposed operations of
the building or buildings, including the number of employees or members
of nonresidential buildings; the proposed number of shifts to be worked
and the maximum number of employees on each shift; expected truck
and tractor-trailer traffic; emission of noise, glare, air and water
pollution; safety hazards; and anticipated expansion plans incorporated
in the building design; and a description in detail of all manufacturing,
assembling or fabricating processes or work to be conducted on the
site. Included should be a detailed scientific description thereof
and scientific documentation as to any and all impacts of the proposed
use both on and off site.
A.
All applications for site plan approval shall be submitted
to the County Planning Board for its review and recommendations, and,
where applicable, approval where required by state statute or county
requirements.
B.
The applicant shall furnish proof of such submission
within 10 days of the submission of his application to the Township
reviewing board by presenting a copy of his site plan with an indication
from the county that it has been filed with them.
C.
Any application for site approval shall not be deemed
complete in the absence of proof that it has been filed with the County
Planning Board, if required.
D.
If the County Planning Board has failed to grant or
deny approval of the site plan at the time of preliminary approval
of applicant's application, such preliminary approval shall be conditioned
on approval of such site plan by the County Planning Board.
A.
No application for site plan approval shall be deemed complete in the absence of proof that a plan for soil erosion and sedimentation control has been submitted to the relevant reviewing authority, pursuant to the requirements of N.J.S.A. 4:24-39 et seq., and § 136-4 of Chapter 136, Soil Erosion, or proof that such a plan is not required for the particular application.
B.
If the reviewing authority has failed to approve the
erosion plan at the time of preliminary approval, such approval shall
be conditioned on certification of approval of applicant's erosion
plan.
