[HISTORY: Adopted by the Township Committee
of the Township of Westampton 3-26-1981 by Ord. No. 8-1981. Amendments
noted where applicable.]
A.
The purpose of site plan review is to determine whether
the proposed building, structure or use will conform to the Revised
Statutes of New Jersey, the Zoning Chapter, the Land Subdivision Chapter
and other applicable requirements of the township. Site plan review
shall work towards the development of an aesthetically acceptable
and well-ordered community serving the interest of the public health,
safety and general welfare of the township residents.
B.
Prior to the excavation, grading or clearing of land for other than agricultural purposes, or construction or issuance of any permit of the Construction Official or Zoning Officer of the township, said construction or permit pertaining to any building, structure or use within the township, with the exception of a single-family dwelling in a residential zone, site plan approval for the proposed grading, building, structure or use must be obtained. No certificate of occupancy shall be issued until and unless all construction and required improvements shall have been completed in conformity with the approved site plan. Notwithstanding the above, all development in the flood hazard area shall require a site plan and be subject to the provisions of Chapter 131, Floodplain Management, of the Township of Westampton, in addition to the applicable sections of this chapter. Site plan review shall be required prior to excavation, grading or clearing of land for other than agricultural purposes in whole or in part in connection with the installation of a second driveway on any premises.
[Amended 8-18-1983 by Ord. No. 15-1983]
A.
With the exception of residential dwelling units,
any change of permitted use will void the previously issued certificate
of occupancy and require the issuance of a new certificate of occupancy.
The new use will be subject to site plan review.
B.
Any applicant may request a waiver from site plan
review as required under the terms of this chapter, provided that
the applicant's site plan involves the following and is not within
the flood hazard area:
C.
Request for waiver of site plan review shall be made
by completion of an appropriate form provided by the administrative
official and payment of the requisite fee. In the event that site
plan waiver is not granted, the applicant's fee will be applied to
the site plan application. The applicant will then be required to
go forward with the requisite site plan application. The balance of
the fee and all escrows will be required in the event site plan review
is not waived.
D.
Minor site plan submission; definition and required
data.
[Added 8-10-1987 by Ord. No. 13-1987]
(1)
Definition. For site development which is not large
in scale but which does not qualify for site plan waiver, submission
as a minor site plan shall be permitted. A "minor site plan" shall
be defined as:
(2)
Required data. The required data to support a minor
site plan application are as follows:
(a)
A plan which may be drawn by the applicant.
(b)
A plan showing all existing improvements on
the site.
(c)
The plan showing those improvements to be constructed.
(d)
The plan showing a North arrow or North point.
(e)
The plan containing a scale.
(f)
The plan showing the zoning district in which
the property is located.
A.
No later than 15 working days prior to a regularly
scheduled Land Development Board meeting, the applicant shall submit
six copies of the preliminary site plan to the administrative official,
who shall certify the site plan as complete or incomplete within 45
days from the date of filing. The administrative official shall transmit
the site plans to the Land Development Board for review except for
those site plans connected with a use variance which shall be submitted
to the Zoning Board of Adjustment. The appropriate board shall review
the plan at a public meeting, at which time the applicant may be called
to explain, amplify or discuss the plan. In the event of nonappearance
of the applicant, the plan may be denied for lack of prosecution.
In the event that the plan is denied by the reviewing authority, a
statement of reasons for the decision shall be given to the applicant.
The applicant is not required to amend the plan until after the reviewing
authority has acted at a public meeting, as all conditions and recommendations
prior thereto are purely advisory.
[Amended 3-4-1986 by Ord. No. 7-1986; 11-10-1998 by Ord. No. 24-1998]
B.
The reviewing authority shall take action on the site
plan in such a manner and within the time period as prescribed by
the applicable statutes of the State of New Jersey, N.J.S.A. 40:55D-1
et seq. and the Land Use Procedures Chapter of the Township of Westampton.[1]
C.
If preliminary site plan approval with conditions
is granted, an amended site plan conforming to the amendments or conditions
required by the approving resolution shall be submitted to the applicant
and certified by the Township Engineer prior to the applicant's submittal
of final plans.
D.
Review or approval by the municipal reviewing authority
does not preclude the necessity for submission, review and approval
by other appropriate reviewing authorities. In appropriate instances,
the municipal authority may require approval by other reviewing authorities
prior to the municipal approval. In other instances, the municipal
reviewing authority may condition any approval that it grants upon
timely receipt of a favorable report by the other reviewing authority.
A.
No later than 15 working days prior to a regularly
scheduled Land Development Board meeting, the applicant shall submit
six copies of the final site plan to the administrative official,
who shall certify the site plan as complete or incomplete within 45
days from the date of filing. The Township Engineer or other appropriate
municipal employee or official shall prepare a report which shall
include a comparison of the final site plan submission to the approved
preliminary site plan. Said report shall contain any recommendations
and/or conditions to be recommended to the reviewing authority.
[Amended 3-4-1986 by Ord. No. 7-1986; 11-10-1998 by Ord. No. 24-1998]
B.
The reviewing authority shall either approve, approve
with conditions or deny. In the event of disapproval the applicant
shall be given a statement of reasons for the rejection of the plan.
C.
After approval the applicant shall submit six copies
of a revised plan which conforms to any conditions imposed by the
reviewing authority to the administrative official of the municipality.
No building permit shall be issued or construction commenced until
the final site plan has been certified by the Township Engineer. No
certification of the plan by the Township Engineer nor signing of
same by the chairman and secretary of the reviewing authority shall
be done until the required improvement shall be completed or bonded
for in conformity with those sections of the Municipal Land Use Law
and township requirements which deal with the performance and maintenance
guaranties. In the event that said performance guaranty is not posted
prior to final approval and final approval is made contingent upon
the posting of said performance guaranty, the date of the vote of
the resolution shall be the date of the plan. If the performance guaranty
is not posted within 190 days from the date of approval, the approval
shall expire and become null and void and of no effect.
The applicant may request at the time of preliminary
filing that the plan be processed through the preliminary and final
stages concurrently. If the reviewing authority concurs, the application
may be processed in one step with preliminary and final approvals
being granted simultaneously. However, the reviewing authority may,
at its sole discretion, grant only preliminary approval at the time
of first review thereby requiring the applicant to make a separate
final site plan submission.
A.
An applicant may submit to the Land Development Board
for approval a site plan accompanied by a request for a variance from
the bulk and area requirements of the Zoning Chapter, or a site plan
accompanied by a conditional use application. An applicant may submit
to the Zoning Board a use variance application accompanied by a site
plan.
[Amended 11-10-1998 by Ord. No. 24-1998]
B.
The municipal agency originally granting preliminary
site plan approval shall be responsible for reviewing and acting on
the final site plan.
C.
The applicant shall complete each application for
each request for relief, i.e., site plan, subdivision variance or
conditional use regardless of the Board to which it is submitted,
and the applicant shall pay each fee.
Site plan review shall consider but not be limited
to the following:
A.
The height, bulk, area and setback distances of all
building structures.
B.
The architectural design, including the appearance
of and materials used on the exterior faces.
C.
Parking and traffic control, including location and
material, requirements for curbing, driveways, parking areas, pedestrian
walks and other requirements to protect the public health, safety
and welfare.
D.
Reasonable screening at all seasons of the year of
playgrounds, parking and service areas.
E.
Lighting of buildings, grounds and signs to assure
the elimination of any adverse effects on adjoining property owners
while simultaneously requiring adequate lighting for the proposed
development.
F.
Provisions for necessary utilities such as water supply,
sewers, gas and electric.
G.
The stormwater collection and disposal system.
H.
Noise abatement, odor and rodent control, trash and
garbage collection facilities.
I.
Provisions for incoming raw materials and outgoing
finished products, together with outdoor facilities for storing same.
J.
Provisions for soil erosion and sedimentation control.
A.
Parking and loading. All parking areas shall provide
for adequate ingress and egress and safe and convenient traffic circulation.
Access drives and aisles shall be of sufficient width to permit safe
access to parking spaces and safe traffic movement. Driveways leading
to common parking areas, exclusive of driveways serving only one dwelling
unit, whether attached or detached, shall not be less than 75 feet
from any street intersection nor 20 feet from another driveway, measured
along the curbline. In addition, all off-street parking and loading
areas, except for parking which is accessory to one-family dwellings,
shall, unless otherwise provided by this chapter, meet the location
requirements prescribed in the following schedule:
|
Schedule of Minimum Distances for Location
of Parking and Loading Areas
| |||||
|---|---|---|---|---|---|
|
Zone*
|
From Buildings
(feet)
|
From Streets
(feet)
|
From Property Lines
(feet)
|
From Residential Zone
(feet)
| |
|
B-1
|
12
|
25
|
25
|
50
| |
|
C
|
12
|
20
|
20
|
30
| |
|
OR-1
|
12
|
50
|
25
|
50
| |
|
OR-2
|
12
|
25
|
25
|
50
| |
|
OR-3
|
12
|
25
|
25
|
50
| |
|
I
|
12
|
50
|
25
|
50
| |
|
NOTES:
* All uses except one- and two-family dwellings.
** Loading areas accepted.
| |||||
B.
Screening and buffering.
(1)
Applicability. The landscape standards for screening and buffering in the nonresidential zones included in Subsection B(2) and (3) below shall be used for front yard buffers and for the screening of parking areas and buildings along property lines and residential zones. The depth of the planted buffer/screen shall be as follows:
|
Zone
|
Front Yard Buffer
(feet)
|
Nonresidential to Nonresidential Screen
(feet)
|
Nonresidential to Residential
(feet)
| |
|---|---|---|---|---|
|
B-1
|
25
|
25
|
50
| |
|
C
|
20
|
20
|
30
| |
|
OR-1
|
50
|
25
|
50
| |
|
OR-2
|
25
|
25
|
50
| |
|
OR-3
|
25
|
25
|
50
| |
|
I
|
50
|
25
|
50
|
(2)
General considerations. The site and surroundings
should be thoroughly analyzed. The following items shall be reviewed
to determine the design layout and/or plant material selection:
(a)
The shape or form of the land itself.
(b)
The geology and soil characteristics.
(c)
The surface and subsurface water conditions.
(d)
Existing vegetation patterns. (Except in urban
and other highly disturbed sites, the native vegetation found on and
around the site is usually a good indicator of which vegetation types
will perform well.)
(e)
Movement of the site (earth) relative to the
sun. Landforms and other physical features will affect light and shadow
patterns and their motions.
(f)
Local and regional climate (precipitation, temperature
ranges, humidity, wind patterns, etc.).
(g)
Air and water pollution.
(h)
Physical features both on and off site (existing
or proposed buildings, land forms, vegetation massings, etc.).
(i)
Community, social and cultural values.
(3)
General recommendations.
(a)
Retaining the services of a New Jersey certified
landscape architect is recommended for the site analysis, design and
selection of plant material.
(b)
A specific standard design module for street
and highway plantings will not be put forth here since each site (and
its surroundings) has a unique character. A downtown street tree planting
may only require a single species of shade tree equally spaced in
a geometric pattern. With the landscape forms most often found in
Westampton Township, the use of a single species of trees in geometric
patterns becomes less appropriate. The linear, less formal hedgerow
seen commonly bounding cropland, fields and pastures is often a more
suitable model for plantings along lot lines and street and highways
traversing such landscapes.
(c)
Rather than specify a modular design to be used
on each design proposal, the following plant material density for
a hypothetical fifty-foot-long by twenty-five-foot-wide module which
could be repeated as many times as necessary both in length and width
(e.g., a site with a highway frontage of 500 feet and a one-hundred-foot-wide
buffer requirement would need 40 modules). The plant material requirements
of these modules may be arranged to suit the specific landscape design
objectives of the proposed plan.
[1]
The front yard buffer module shall include two
canopy trees (i.e., large deciduous trees) and three understory trees
(i.e., deciduous and/or evergreen trees that do not generally reach
the mature height of the canopy trees). Species selection should be
based on an appropriate woodland successional model and shall include
species from the following list of canopy and understory trees:
|
Canopy and Understory Trees
| |||
|---|---|---|---|
|
Canopy trees
| |||
|
Red oak (quercus rubra)
| |||
|
White oak (quercus alba)
| |||
|
Black oak (quercus velutina)
| |||
|
Chestnut oak (quercus prinus)
| |||
|
Pin oak (quercus palustris)
| |||
|
Red maple (acer rubrum)
| |||
|
Sugar maple (acer saccharum)
| |||
|
Green ash (fraxinus pennsylvanica)
| |||
|
White ash (fraxinus americana)
| |||
|
American beech (fagus grandifolia)
| |||
|
Tulip tree (liriodendron tulipifera)
| |||
|
Sweet birch (betula lenta)
| |||
|
River birch (betula nigra)
| |||
|
Paper birch (betula papyrifera)
| |||
|
Sweetgum (liguidainbar styraciflua)*
| |||
|
Sycamore (platanus occidentalis)*
| |||
|
Black gum or sour gun (nyssa sylvatica)
| |||
|
Basswood (tilia americana)
| |||
|
Understory trees
| |||
|
Common witchhazel (hamamelis virginiana)
| |||
|
Flowering dogwood (cornus florida)
| |||
|
Shadtree (amelanchier canadensis)
| |||
|
Sassafras (sassafras albidum)
| |||
|
Sweetbay magnolia (magnolia virginiana)
| |||
|
Hop horn beam (ostrya virginiana)
| |||
|
Ironwood (carpinus carolinian)
| |||
|
Red cedar (juniperus virginiana)
|
EG
| ||
|
Hemlock (Tsuga canadensis)
|
EG
| ||
|
American holly (ilex opaca)
|
EG
| ||
|
White pine (pinus strobus)
|
EG
| ||
|
Red pine (pinus resinosa)
|
EG
| ||
|
Key:
*Locate tree trunk not closer than 40 feet from
roadways, parking lots, pedestrian walkways and bicycle paths.
EG - Evergreen
| |||
[2]
In addition to the canopy and understory trees
noted above that are required for the front yard and buffer module,
the screen planting module shall also include 15 shrubs per fifty-foot
by twenty-five-foot module, including species from the following list
of shrubs:
|
Shrubs
| ||
|---|---|---|
|
Summersweet (clethra alnifolia)
| ||
|
Gray dogwood (cornus paniculala)
| ||
|
Silky dogwood (cornus amomum)
| ||
|
Inkberry (ilex glabra)
|
EG
| |
|
Spicebush (lindera benzoin)
| ||
|
Bayberry (myrica pennsylvanica)
| ||
|
Highbush blueberry (vaccinum coryinbosum)
| ||
|
Arrowwood viburnum (viburnum dentatum)
| ||
|
Maple-leaved viburnum (viburnum acerifolium)
| ||
|
Blackhaw viburnum (viburnum prunifolium)
| ||
|
Mountain laurel (kalmia latifolia)
|
EG
| |
|
Rosebay rhododendron (rhododendron maximum)
|
EG
| |
(d)
Plants native to the physiographic province
in which the site lies should comprise a minimum of 70% of the total
number of plants proposed for installation.
(e)
The percentage of evergreen usage should be
decided after completion of site analysis and the statement of design
goals.
(f)
Canopy trees should be installed with minimum
trunk diameters of 1 1/2 to two inches (B&B).
(g)
Understory trees should be installed with a
minimum height of five feet (B&B).
(h)
Soil conditions should be renovated if necessary
to improve growing conditions.
(i)
Should it not be necessary to plant all the
required modules due to driveway and sight triangle locations, a credit
should be made (i.e., unused trees should be located elsewhere on
the site).
(j)
All plans and installation of plant material
are subject to review and inspection by the municipal landscape architect,
if there be one, or the Township Engineer.
(4)
Where parking is located in a front yard, the Land
Development Board may require construction of landscaped berms up
to a height of five feet, with slopes at a ratio of not less than
two to one.
[Amended 11-10-1998 by Ord. No. 24-1998]
(5)
Where off-street parking and loading areas adjoin
or face premises situated in a residential zone, the Land Development
Board may require the construction of a fence or wall not less than
four feet nor more than six feet in height, maintained in good condition.
[Amended 11-10-1998 by Ord. No. 24-1998]
C.
Interior parking lot landscaping. All parking lots shall satisfy
the following design standards unless specifically exempted by this
subsection:
[Added 8-9-2011 by Ord. No. 11-2011]
(1)
A landscaped island of least 200 square feet shall be located at
the ends of all rows of parking.
(2)
There shall be no more than 20 parking spaces in a row without an
intervening landscaped island of at least 200 square feet in size
separating additional parking spaces in the row. All nonresidential
buildings of 10,000 square feet or less in size shall be exempt from
this standard.
(3)
Each landscaped island shall contain, at a minimum, at least one
deciduous shade or ornamental tree. In islands containing parking
lot light standards, signage, fire hydrants, electrical equipment
or similar equipment that prevents the placement of trees, low-growing
shrubs shall be substituted for the required trees.
(4)
All trees within landscaped islands shall be limbed to seven feet
above-grade and all other plantings shall be limited to a mature height
of 30 inches.
D.
Design standards for warehouses. For all warehouse buildings, the
following additional design standards shall apply:
[Added 4-4-2023 by Ord.
No. 1-2023]
(1)
Loading spaces shall be located in a side or rear yard area, and
shall be screened from view from any public right-of-way by a combination
of fencing and landscaping to the greatest extent feasible.
(2)
Office space within a building should be located nearest to the entrance
driveway or in the most publicly visible portion of the building.
(3)
Any publicly visible portions of the building shall be designed to
resemble a professional office building more so than a big box warehouse.
Higher quality materials including metal, glass, brick, stone, or
similar materials shall be the primary facade materials for the office
portions of the building and/or areas with high visibility.
(4)
Blank or featureless walls shall be discouraged. For every 50 linear
feet of building facade, an offset of at least one foot in the depth
of the vertical plane of the building must be incorporated into the
design, with these offset features occupying at least 10% of the total
facade area.
(5)
All mechanical equipment shall be located in a side or rear yard
area, and screened from public view by a combination of a fence and
landscaping if located at grade, or by a parapet wall if located on
the roof of the building.
(6)
For facilities that will be 200,000 square feet or greater in gross
floor area, an internal space to provide food services and other amenities
for long-range truck drivers should be included.
(7)
In order to reduce heat absorption and heat island effects, the use
of "cool" pavement such as permeable pavement or more reflective pavement
materials shall be encouraged.
(8)
In addition to any state requirements for make ready electric vehicle
charging stations for vehicular parking, a minimum of 15% of truck
or van parking spaces shall be designed to be make ready electric
vehicle charging stations for trucks and/or vans.
(9)
Lighting standards:
(a)
All lighting shall be designed to be dark sky compliant to minimize
any glare and light pollution.
(b)
The maximum mounting height of any freestanding light fixture
shall be 25 feet.
(c)
The maximum mounting height of any building-mounted light fixture
shall be 20 feet.
(d)
The maximum level of illumination along any property boundary
line, other than at an entrance or exit driveway, shall be 0.1 footcandle.
(e)
Light fixtures shall have a color temperature range between
2,700 and 4,000 kelvins.
(f)
Light fixtures shall have a color rendering index (CRI) of 90
or greater.
A.
Preliminary site plan details. All preliminary site
plans shall contain the following information:
(1)
Name of development.
(2)
Date of the original plan and each subsequent revision
date.
(3)
North arrow.
(4)
Graphic scale.
(5)
Total tract acreage to 1/100 of an acre.
(6)
Existing and proposed streets and street names.
(7)
Floodplain areas based on one-hundred-year storms.
(8)
All roads, driveways, watercourses and existing buildings
within 200 feet of the tract.
(9)
A key map at a scale of one inch equals 2,000 feet
showing the location of the site within the community.
(10)
The zoning of the site and the lots adjacent to it
and the tax plate, block and lot numbers and the owner of record.
(11)
A topographic survey of the site with contours at
two-foot intervals or closer if the topography of the ground is flat
and if the Board directs, and a title survey certified by a licensed
land surveyor if the same is required by the Board. As an alternate,
the Board may require spot elevations.
(12)
The exact size, shape and location of all existing
and proposed buildings, structures, parking areas and open spaces.
(13)
All setbacks, lot and right-of-way lines and the dimensions,
locations and purpose of all easements.
(14)
The location and arrangement of vehicular accessways
and the location, size and capacities of all parking areas and curbs,
sidewalks, walkways and all other areas devoted to pedestrian use.
(15)
Basic drainage design, including size, type, location
and grade of pipes; location of structures in the system; and design
calculations. Drainage areas shall be shown where appropriate.
(16)
A parking schedule in accordance with the appropriate
municipal ordinance.
(17)
A statement of how the sewer, water and all utilities
to service the project will be designed.
(18)
The building's major elevations and floor plans.
(19)
Test borings distributed over the tract to a depth
of 10 feet showing soil types, depth of water and date of boring,
if same are necessary in the opinion of the Board.
(20)
Where on-site sewerage facilities are proposed, percolation
test results from the area proposed for disposal shall be submitted.
(21)
Design concerns of any topographic problems.
(22)
Other information as required by the Land Development
Board or Zoning Board of Adjustment.
[Amended 11-10-1998 by Ord. No. 24-1998]
B.
Final site plan details. All final site plans shall
contain the following information:
(1)
Setback dimensions shall be shown on the plan.
(2)
Existing and proposed contours with intervals of one
foot where slopes are more than 3% but less than 15% and five feet
when 15% or more only where deemed necessary by the Board. In the
alternative spot elevations may be required.
(3)
The site plan shall include front, rear and side elevations
of the proposed buildings and structures.
(4)
The location and arrangement of vehicular accessways
and locations, size and capacity of all parking and loading areas
shall be included.
(5)
Curbs, sidewalks, walkways and all other areas devoted
to pedestrian use shall be clearly delineated.
(6)
A complete landscape plan, including size and type
of all plants, shall be included.
(7)
Location of all utilities shall be shown, including
water supply, sewers, gas and electric services, lighting, illumination
and refuse storage area.
(8)
The storm drainage system shall be shown, and the
applicant shall supply drainage calculations to substantiate the size
and location of the proposed storm drainage system.
(9)
Parking schedule in keeping with the requirements
of the appropriate municipal ordinance.
(10)
Construction details, including dimensions and materials
of pavement, curbs and walks and details of all special features,
including but not limited to inlets, manholes, headwalls, lights,
hydrants, valves, traffic control devices, fencing, play equipment,
etc.
(11)
Appropriate places for the signatures of the chairman
and secretary of the approving authority, the date of the official
authority action and a place for the signature of the Township Engineer
who will certify the plan as to compliance with all conditions imposed
by the reviewing authority.
(12)
Accompanying the final site plan submission shall
be copies of all plans approved or submitted for approval by other
regulatory agencies.
C.
Additional submission requirements for warehouses.
[Added 4-4-2023 by Ord.
No. 1-2023]
(1)
A traffic impact study addressing the anticipated traffic to be generated
and its impacts on the local roadway network. Such study shall include
the following at minimum:
(a)
Identification of preferred and alternative truck routes to
and from the facility;
(b)
Projected trips to be generated, broken down by vehicle types;
(c)
Site design of ingress, egress, and internal circulation for
trucks and emergency vehicles;
(d)
Parking and loading demand;
(e)
Analysis of queuing capacity of entrance driveway to facility;
(f)
Address potential destinations for trucks that may not be able
to access the facility;
(g)
Identify nearby fueling locations for trucks, and routes to
access diesel fueling stations; and
(h)
A post-occupancy analysis shall be provided one year from the
time that the warehouse facility is issued a certificate of occupancy
to ensure that actual traffic volumes and impacts do not substantially
exceed those estimated from the initial traffic impact study.
(2)
A community impact statement addressing fiscal impacts, impacts to
emergency services, and other community impacts.
(3)
An environmental impact statement, including an acoustical impact
analysis.
(4)
Architectural floor plans and elevations with sufficient detail to
indicate the exterior finish materials and colors of the building.
(5)
A minimum of two perspective renderings of the site illustrating
the building and all other proposed improvements from the point of
view of the public right-of-way.
[Added 4-19-1984 by Ord. No. 3-1984]
A.
Fire lanes shall be designated as set forth hereafter
on all plans and specifications for the construction or remodeling
of any public or quasi-public structure where deemed necessary by
the Township Fire Marshal. The owner of any property on which there
is presently located a public or quasi-public structure which has
no fire lanes or on which the fire lanes presently existing are deemed
inadequate by the Fire Marshal shall be required, upon reasonable
notice, to provide, locate and designate appropriate fire lanes in
accordance with the provisions of this chapter.
B.
Design. Each fire lane shall be constructed to a minimum
width of 18 feet and shall be constructed of either asphalt paving,
concrete, concrete paving blocks or gravel. The fire lane shall be
designed to support a weight of approximately 40 tons. Where the fire
lane is required to access a roadway, a depressed curb must be provided.
Construction of the fire lane can be combined with a pedestrian path
if appropriately located and constructed. All fire lanes shall be
visually designated either by their form or by the materials used
in their construction. The design of the fire lanes shall be subject
to review by both the Township Fire Marshal and the Township Engineer.
[Amended 11-10-1998 by Ord. No. 19-1998]
C.
Location. Fire lanes shall be located so as to serve
the entire building from the building site; so as to provide the most
direct means of access for all emergency vehicles; to be sufficiently
close to the building to provide the means to provide protection for
the structure while being far enough removed so as to provide safety
for the emergency vehicle using the fire lane in the event of collapse
of the building. However, the ultimate authority with respect to the
determination for the location of the fire lanes shall lie with the
Fire Marshal of the Township of Westampton. The Fire Marshal shall
make the aforesaid determination after reviewing recommendations of
both the Township Engineer and Township Planner.
D.
Fire lanes shall be appropriately posted with signs
indicating the words "NO PARKING - FIRE ZONE" or "NO PARKING - FIRE
LANE" in red letters on a white background, with a red line bordering
the perimeter of the sign, said sign to be 12 inches by 18 inches,
made of metal with rust-resistant reflectorized coating, posted at
the ends of each fire lane, and at one-hundred-foot intervals therein.
Fire areas shall also be designated by covering the face and top of
the curb of the prohibited area with a solid yellow color of paint.
The above criterion for the painting of fire areas is to be considered
a minimum, and additional painting may be placed on the site consisting
of crosshatches, solid yellow areas or such other designations, in
addition to the curb painting, as may serve to act as a deterrent
to parking in fire zones.
[Amended 11-10-1998 by Ord. No. 19-1998]
E.
The owner of the site upon which a fire lane is located
shall be responsible for constructing, designating and marking fire
lanes as required by this section. All maintenance and repair of the
signs and pavement markings, if any, shall remain the responsibility
of the owner and any successor. The maintenance and repair shall be
a continuing condition of any approval conferred with respect to the
construction, remodeling or occupancy of the building or structure
on the premises. Any failure to maintain or repair said signs or pavement
markings shall be a basis for voiding the prior approval. Approvals
which shall be conditional under this subsection shall include, but
not be limited to, final site plan approval and certificates of occupancy.
No such approval shall be held to be void unless a hearing by the
issuing officer or agency has been held on due notice to the owner
of the premises.
F.
Enforcement.
(1)
No unauthorized vehicles shall be allowed to park,
stand or stop in any fire lane, nor shall any person in any manner
obstruct any fire lane. Any violation of this section shall be subject
to a fine not to exceed $500 for each separate offense or by imprisonment
of not more than 90 days, or both. "Unauthorized vehicle" shall be
interpreted to mean a vehicle other than an emergency vehicle, as
well as such other vehicles as may be designated by the Fire Marshal
as being authorized.
(2)
Any vehicle parked, stopped or standing in violation
of this section in any fire lane shall be deemed a nuisance, and the
Fire Marshal may provide for its immediate removal. The cost of its
removal and any subsequent storage which may be required shall be
paid by the owner of the vehicle before he may be allowed to regain
possession of same.
(3)
The Fire Marshal, the Fire Inspector, the Code Enforcement
Officer and the Township Police Department shall have concurrent jurisdiction
to enforce the provisions of this section.
(4)
Notwithstanding the penalties above set forth, the
township shall be entitled to pursue any other remedy available at
law or equity to enforce the provisions hereof.
[Amended 8-10-1987 by Ord. No. 13-1987]
The following fees shall be applicable:
A.
Site plans; accompanying variance or conditional use
requests; filing fees.
(1)
Informal review; concept plan: $200. The amount of
any fees shall be credited toward fee for review of the application
for development.
[Amended 4-24-2012 by Ord. No. 6-2012]
(2)
Minor site plan: $200.
[Amended 4-24-2012 by Ord. No. 6-2012]
(3)
Preliminary site plan: $200.
[Amended 6-9-1998 by Ord. No. 13-1998; 4-24-2012 by Ord. No. 6-2012]
(4)
Final site plan: $200.
[Amended 6-9-1998 by Ord. No. 13-1998; 4-24-2012 by Ord. No. 6-2012]
(5)
Consolidated submission: $400.
[Amended 6-9-1998 by Ord. No. 13-1998; 4-24-2012 by Ord. No. 6-2012]
(6)
A request for a variance, conditional use, appeal
from the decision of the Administrative Officer or Construction Official
or interpretation of zoning map or ordinance accompanying a site plan
will require filing of a separate application and the appropriate
fee, in addition to the site plan application and fee.
[Amended 6-9-1998 by Ord. No. 13-1998]
B.
Escrows (professional review fee).
[Amended 6-9-1998 by Ord. No. 13-1998; 11-14-2000 by Ord. No. 19-2000]
(1)
Informal review; concept plan: $500. The amount of
escrow charge for informal review shall be credited toward the applicant's
escrow account to be applied to the application for development.
[Amended 4-24-2012 by Ord. No. 6-2012]
(2)
Minor site plan: $1,500 or $50 per acre, whichever
is greater.
[Amended 4-24-2012 by Ord. No. 6-2012]
(3)
Preliminary site plan: $3,000, plus $50 per acre.
[Amended 4-24-2012 by Ord. No. 6-2012]
(4)
Final site plan: $3,000, plus $50 per acre.
[Amended 4-24-2012 by Ord. No. 6-2012]
(5)
Consolidated submission: $6,000, plus $100 per acre.
[Amended 4-24-2012 by Ord. No. 6-2012]
(6)
The escrow for inspection of improvements shall be calculated in accordance with § 196-12E. Legal fees incurred with respect to reviewing of bonds, inspection uses and the preparation of various resolutions with respect thereto shall be charged against said escrow.
[Amended 3-3-2020 by Ord.
No. 2-2020]
C.
Sums not utilized for review and in the inspection
process shall be returned to the applicant. If additional sums are
deemed necessary, the applicant shall be notified of the required
additional amount and shall add such sum to the escrow.
D.
Site plan waiver. A filing fee of $100 shall be submitted
with each application for site plan waiver. An escrow fee of $300
shall be submitted and shall be applied toward the fee required for
site plan in the event the waiver is not granted.
[Amended 6-9-1998 by Ord. No. 13-1998; 4-24-2012 by Ord. No. 6-2012]
[Amended 8-10-1987 by Ord. No. 13-1987; 3-3-2020 by Ord. No.
2-2020]
A.
Developers shall post the necessary performance guarantees and maintenance
guarantees as provided for in N.J.S.A. 40:55D-53, as modified by P.L.
2017, c. 312.
B.
In accordance with N.J.S.A. 40:55D-53, as modified by P.L. 2017,
c. 312, the Township requires any performance guarantee to include,
within an approved phase or section of a development, privately owned
perimeter buffer landscaping, as required by local ordinance or imposed
as a condition of approval. At the developer's option, a separate
performance guarantee may be posted for the privately owned perimeter
buffer landscaping.
C.
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," (TCOG) in favor of the Township in an amount equal to 120% of the cost of installation of only those improvements or items (including both private on-site and to be publicly dedicated) which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection A above, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. No same item may be included in multiple performance bonds. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Municipal Engineer. The temporary certificate of occupancy guarantee shall be released by the Municipal Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates, upon submission of a maintenance guarantee.
D.
A developer shall furnish to the Township a safety and stabilization
guarantee, in favor of the Township. At the developer's option, a
safety and stabilization guarantee may be furnished either as a separate
guarantee or as a line item of the performance guarantee. A safety
and stabilization guarantee shall be available to the Township solely
for the purpose of returning property that has been disturbed to a
safe and stable condition or otherwise implementing measures to protect
the public from access to an unsafe or unstable condition, only in
the circumstance that: i) site disturbance has commenced and, thereafter,
all work on the development has ceased for a period of at least 60
consecutive days following such commencement for reasons other than
force majeure; and ii) work has not recommenced within 30 days following
the provision of written notice by the Township to the developer of
the Township's intent to claim payment under the guarantee.
(1)
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
(2)
The amount of a safety and stabilization guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows: $5,000 for the first $100,000 of
bonded improvement costs, plus 2.5% of bonded improvement costs in
excess of $100,000 up to $1,000,000, plus 1% of bonded improvement
costs in excess of $1,000,000.
(3)
The Township shall release a separate safety and stabilization guarantee
to a developer upon the developer's furnishing of a performance guarantee
which includes a line item for safety and stabilization in the amount
required under this subsection.
(4)
The Township shall release a safety and stabilization guarantee upon
the Municipal Engineer's determination that the development of the
project site has reached a point that the improvements installed are
adequate to avoid any potential threat to public safety.
E.
Inspection fees:
(1)
(2)
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Municipal Engineer
for inspection, the developer shall deposit the remaining 50% of the
inspection fees.
(3)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Municipal Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees. The Municipal Engineer shall not perform any
inspection if sufficient funds to pay for those inspections are not
on deposit.
(4)
If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection E(1)(a) and (b), is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Municipal Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
G.
Release with respect to both the performance guaranty
and maintenance guaranty shall be in accordance with the same procedures
set forth in the ordinances of the Township of Westampton with respect
to subdivisions.
A violation of any of the provisions of any
section of this chapter shall be punishable, upon conviction thereof
by the Judge of the Municipal Court, by a fine not exceeding $500
or by imprisonment for not more than 90 days, or both, such fine and
imprisonment to be in the Judge's discretion. Each day that the offense
occurs shall be deemed to be a separate occurrence and offense.
