Site plan review is provided for in the Municipal
Land Use Law (N.J.S.A. 40:55D-37). Such review makes it possible for
Planning Boards and Zoning Boards of Adjustment to determine developmental
impacts with regard to topography, vegetation, drainage, floodplains,
marshes and waterways. Additionally, site plans show the location
of existing and proposed buildings, drives, parking spaces, walkways,
means of ingress and egress, drainage facilities, utilization, landscaping,
structures, signs, lighting and screening. In short, a site plan allows
the boards involved to assess the project in order to ensure the compatibility
and determine the impact of proposed uses.
[Amended 7-5-1990 by Ord. No. 9015]
A. Major site plan.
(1) Within the City of Ventnor City, major site plan review
shall not be required for developments containing three or fewer single-family
dwellings. All other residential and condominium developments will
require major site plan review.
(2) Commercial developments shall apply for preliminary
and final major site plan review for all new construction and for
additions to or expansion of an existing structure which will result
in an increase of floor area devoted to the use contained therein.
(3) Bed-and-breakfast operations shall apply for a preliminary
and final major site plan approval for all conversions, additions,
alterations, expansions or modifications to existing conditions.
[Added 6-25-1998 by Ord. No. 9813]
B. Minor site plan.
(1) Commercial developments shall apply for minor site
plan review for all changes in use and/or occupancy which will increase
the usable floor area or any modification to the interior floor layout.
A "change in use" shall be defined as any change on a site that will
increase the parking requirement for that site, as stated in the district
regulations.
(2) Residential developments involving a change in use
shall apply for minor site plan review. A "change in use" shall be
defined as any change on thee site that will increase the density
of dwelling units or the parking requirement for that zone.
(3) Any residential development not meeting the requirements
for a major site plan and requiring approval of the Planning Board
in accordance with N.J.S.A. 40:55D-76.
[Added 10-7-2004 by Ord. No. 2004-9]
C. Changes in business operation.
(1) Changes in business operation shall be commercial
developments that do not affect the parking requirement of the zone
and will not change the interior layout of the building (i.e., relocation
of interior walls). Changes in business operation shall be handled
administratively by the Construction Official of the City of Ventnor.
(2) The following approved commercial uses shall not require
formal site plan approval for a change of use at an existing commercial
development:
[Added 8-28-1997 by Ord. No. 9713]
Antique shop
|
Appliance/furniture
|
Art and school supply store
|
Bookstores
|
Camera and photo supply/studio
|
China, glassware, metalware
|
Clothing store
|
Coin and stamp store
|
Drapery/curtain/window store
|
Fabric/craft/hobby shop
|
Floor covering
|
Gift, novelty and souvenir store
|
Home decorations
|
Jewelry store
|
Leather store
|
Liquor store
|
Locksmith
|
Mail-order house
|
Musical instrument store
|
Newspaper/tobacco store
|
Records/CDs
|
Secondhand items
|
Shoe store/sales or repairs
|
Specialty shops (no food items)
|
Sporting goods
|
Stationery
|
Tailor/dressmaking
|
Tool and appliance rental store
|
Toy store
|
Travel bureaus
|
Upholstery shop
|
Video rental/sales
|
(3) The above commercial uses, upon application for a
mercantile license, may obtain a site plan waiver from the staff of
the Ventnor City Planning Board or an appropriate municipal official
who has been so designed.
[Amended 8-28-1997 by Ord. No. 9713]
(4) All other commercial uses, as approved by the Land
Use and Development Ordinance of the City of Ventnor, shall continue
to be required to make formal application for site plan approval for
change of use.
[Added 8-28-1997 by Ord. No. 9713]
D. The Ventnor City Construction Official shall classify
each application for site plan review as major or minor, upon consultation
with the City Planner and City Engineer. The Planning Board may, upon
review of any given application, reclassify said application as major
or minor if deemed necessary.
E. Site plan review will be conducted prior to any excavation
or removal of soil or clearing of the site. Without approval, neither
building permits nor certificates of occupancy will be issued by the
Construction Official.
In conducting the review process, the Planning
Board or Planning Board, in the case of a use variance request, will
consider pedestrian and vehicular movement; parking adequacy and safety;
design and layout of structures; lighting; buffering; drainage; environmental
elements; and signs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. Major site plan. Following receipt of a completed application with the required fee (Article
XXIV, §
102-160), the Board Secretary will notify the applicant within 45 days. The Planning Board shall:
(1) Review and grant or deny site plan approval within
45 days in the case of developments of 10 acres or less, unless the
applicant is also seeking relief subject to N.J.S.A. 40:55D-60, in
which case the Board shall grant or deny within 95 days. In either
case, the time may be extended if agreed to by the developer.
(2) If the development is of 10 acres or more, the Planning
Board shall grant or deny site plan approval within 95 days of receipt
of a completed application unless an extension is consented to by
the developer.
(3) If the application has been submitted to the Planning
Board pursuant to N.J.S.A. 40:55D-76b, the Board shall grant or deny
site plan approval within 120 days of receipt of a completed application
unless an extension is consented by the developer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4) If the Planning Board requires substantial changes
in the site plan presented as a result of a public hearing, an amended
application shall be submitted and processed in the same manner as
the original application.
(5) If the Planning Board fails to reach a decision within
the specific time periods or extensions, approval of the site plan
as submitted shall result.
(6) The Board and developer may discuss a sketch plat
informally prior to submission of a completed preliminary site plan
application for purposes of exchanging ideas, with neither side bound
by the discussion.
B. Minor site plan. Following receipt of a completed application with the required fee (Article
XXIV, §
102-160), the Board Secretary shall place the application on the next scheduled Planning Board meeting. However, an application must be received by the Secretary at least 21 days prior to the next meeting in order to be heard. The Secretary will notify the applicant of the meeting date. The Planning Board shall:
(1) Review and grant or deny minor site plan approval
within 45 days, unless the applicant is also seeking relief subject
to N.J.S.A. 40:55D-60, in which case it shall act within 95 days.
In either case, the time may be extended if agreed to by the applicant.
Minor site plan approval by the Board shall constitute preliminary
and final approval for purposes of this chapter.
(2) If the Board fails to reach a decision within the
specific time periods or extension, approval of the site plan as submitted
shall result.
After preliminary approval, the general terms and conditions of that approval shall not change for a three-year period, although the applicant may file for first approval prior to that date and may receive an extension of one year and not more than two years, provided that the standards revised in the interim are complied with. Variances granted pursuant to §
102-156 of this chapter in conjunction with site plan approval shall be valid for the same time period as the site plan approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The developer shall submit 15 copies of the
final plat to the Secretary of the Planning Board, which includes
and is accompanied by the following:
A. A site plan in final form, including all of the information shown on the preliminary plat (§
102-122) along with the conditions of preliminary approval and any proposed dedication of streets or improvements.
B. Performance guaranties approved by the Municipal Solicitor
in an amount sufficient to cover the completion of improvements.
C. A statement from the City Engineer that construction
plans for streets, drainage and other facilities comply with City
standards.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Following receipt of a completed application with the required fee (see Article
XXIV, §
102-160), the Planning Board will review and grant or deny approval within 45 days or within such further time as the applicant consents to. Failure to do so will result in approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
After final approval, the general terms and conditions of that approval, including applicable zoning rights, shall not change for a period of two years and may be extended by the Planning Board not more than three times for a period of one year. Variances granted pursuant to §
102-156 of this chapter in conjunction with site plan approval shall be valid for the same time period as the site plan approval.
Time limits for both preliminary and final approval
may be extended for planned developments of over 50 acres upon review
of the Planning Board, subject to development size and comprehensiveness
and/or economic conditions.
Those standards established by Ventnor City's Engineer and those minimum standards called for in the zoning districts (Articles
IV to
XVII) with regard to use, lot size, setbacks, area and bulk, landscaping, parking and signs shall be considered the minimum general standards. In addition, the specific design standards set forth in Article
XXI shall apply here.