[HISTORY: Adopted by the Mayor and Council
of the Borough of Andover 9-11-1978. Amendments noted where applicable.]
This chapter shall be known as and may be cited
as the "Site Plan Review Ordinance of the Borough of Andover."
As used in this chapter, the following terms
shall have the following meanings, unless the context clearly indicates
a different meaning:
A developer submitting an application for site plan review.
The approval required prior to issuance of a building permit
or other permit authorizing the development of land.
The Planning Board or Zoning Board of Adjustment, as the
case may be, and is synonymous with "reviewing agency" or "reviewing
board."
A development of at least 45 acres under the provisions of
An Ordinance Creating a Planned Unit Development Zone for the Borough
of Andover, comprising an addition to Article V of the Zoning Ordinance
of the Borough of Andover.[1]
Indicates that the preliminary site plan as submitted meets
all requirements of applicable municipal ordinances and confers upon
the applicant all of the benefits provided for in N.J.S.A. 40:55D-49.
A development plan of one or more lots on which are shown the items required by virtue of the provisions of § 109-9 of this chapter as a condition for the issuance of a permit for development.
An application to the reviewing agency requesting site plan
review and approval accompanied by all of the information required
by this chapter.
[Amended 12-28-1989 by Ord. No. 268; 9-14-1992 by Ord. No.
297]
Prior to the issuance of a permit for any development, certificate of habitability or certificate of occupancy, other than for detached one- or two-unit buildings not in a planned unit development as permitted in Chapter 134, Zoning, and other than additions to existing buildings of less than 100 square feet, and as a condition for the issuance of any such permit for development, a site plan shall be submitted to the Planning Board for its review and approval, except that the resolution of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a site plan pursuant to Chapter 18, Land Use Procedures, of the Code of the Borough of Andover. This requirement shall be applicable for any permit required for any new structure or for any addition to or alteration of an existing structure or of parking facilities related to any structure or for any change in use of a structure other than those hereinabove exempted or to removal, disturbance, maintenance, processing or stockpiling of soil and/or vegetative matter in any area of more than 500 square feet.
A.
The preliminary site plan and any engineering and
architectural documents required shall be in tentative form for discussion
purposes for preliminary approval. If the submission of the developer
is found to be incomplete, the developer shall be notified thereof
within 45 days of the submission of the application, or it shall be
deemed to be properly submitted.
B.
Time for decision.
(1)
Upon the submission to the Municipal Clerk of a complete
application for a preliminary site plan for 10 acres of land or less,
the municipal agency shall grant or deny preliminary approval within
45 days of the date of such submission or within such further time
as may be consented to by the applicant.
(2)
Upon the submission of a complete application for
a preliminary site plan for more than 10 acres, the municipal agency
shall grant or deny preliminary approval within 95 days of the date
of such submission or within such further time as may be consented
to by the applicant.
C.
Decision.
(1)
The municipal agency shall, if the proposed development
complies with the requirements of this chapter, grant preliminary
site plan approval.
(2)
If the site plan is denied, the reasons for denial
shall be stated upon the records of the municipal agency.
(3)
The municipal agency, when acting upon applications
for preliminary site plan approval, shall have the power to grant
such exceptions from the requirements for site plan approval as may
be reasonable and within the general purpose and intent of the provisions
for site plan review and approval in this chapter, if the literal
enforcement of one or more provisions of this chapter is impractical
or will exact undue hardship because of peculiar conditions pertaining
to the land in question or relating to the proposed use. In any such
case, the municipal agency shall, in its resolution, set forth its
findings of fact and conclusions of law.
(4)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.6, the municipal
agency shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
(5)
If the municipal agency acts favorable on the preliminary
site plan, the Chairman and Secretary shall affix their signatures
to the site plan.
Preliminary approval of a site plan shall confer
upon the applicant the following rights for a three-year period from
the date of preliminary approval:
A.
That the general terms and conditions on which preliminary
approval is granted shall not be changed except as otherwise permitted
by N.J.S.A. 40:55D-49a.
B.
That the applicant may submit for final approval,
on or before the expiration date of preliminary approval, the whole
or a section or sections of the preliminary site plan.
C.
That the municipal agency may grant extensions of
such preliminary approval for additional periods of at least one year
but not to exceed a total extension of two years, provided that if
the design standards have been revised by ordinance such revised standards
shall govern.
D.
The municipal agency may grant all of the above rights
for a period of time longer than three years for a site plan with
an area of 50 acres or more. Such length of time shall take into consideration
the number of dwelling units, the economic conditions and the comprehensiveness
of the development, among others. The municipal agency may grant an
extension of preliminary approval for such additional periods of time
as shall be determined by the municipal agency and for the same reasons
as stated above.
The Secretary of the municipal agency approving
a preliminary site plan shall certify two full sets, on each page,
with an appropriate stamp showing date of approval, file number, Chairman's
signature and Secretary's signature. One set shall be given to the
applicant, and one set shall be retained in the official files of
the municipal agency.
An application for site plan review shall be
submitted on forms supplied by the Municipal Clerk for such purpose
and shall be submitted in accordance with the requirements of the
Land Use Procedures Ordinance of the Borough of Andover.[1] An application for site plan review shall be made in conjunction with an application for a use variance and shall be filed simultaneously with the application to the Zoning Board of Adjustment. A more generalized map and less specific engineering designs than required in § 109-9 may be submitted in conjunction with a use variance application, until the Zoning Board of Adjustment directs that a full submission be made. For planned unit developments, preliminary site plan submission requirements are contained in An Ordinance Creating Planned Unit Development Zone for the Borough of Andover, comprising an addition to Article V of the Zoning Ordinance of the Borough of Andover.[2]
A.
Each site plan shall provide for the following:
(2)
Safe and efficient vehicular and pedestrian circulation.
Vehicular traffic generated by any proposed development shall not
reduce off-peak levels of service on any public highway serving the
site, below level of service C, as defined in the Highway Capacity
Manual, published by the Transportation Research Board, National Research
Council, Washington, D.C., 1985.
[Amended 12-10-1990 by Ord. No. 285]
(3)
Off-street parking and loading.
(4)
Adequate screening and landscaping and appropriate
location of structures.
(5)
Exterior lighting for safety reasons, in addition
to adequate streetlighting.
(6)
Adequate water supply, drainage, shade trees, sewage
facilities and other utilities necessary for essential service to
residents and occupants.
(7)
Adequate protection and conservation of soils through
the submission of an erosion and sedimentation control plan, approved
by the appropriate authority for all site plans that will result in
disturbance of 5,000 square feet of land or more.
(8)
Adequate fire protection consistent with the guidelines
for minimum fire flows and storage as promulgated by the National
Board of Fire Underwriters, as amended from time to time.
[Added 12-10-1990 by Ord. No. 285]
B.
Streets within the land 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 shall be coordinated so as to compose a convenient
system consistent with the circulation element of the Master Plan.
No street shall be required of a width greater than 50 feet within
the, right-of-way line unless said street constitutes an extension
of an existing street of greater width or already has been shown on
the Master Plan at a greater width.
C.
Any area reserved for public use shall be of suitable
size, shape and location to serve its intended purposes.
D.
Any open space to be set aside and other facilities
to be provided as part of a planned unit development shall comply
with the provisions of An Ordinance Creating a Planned Unit Development
Zone for the Borough of Andover, comprising an addition to Article
6 of the Zoning Ordinance of the Borough of Andover.[1]
E.
No development shall take place in a delineated floodway
area and shall be permitted in a delineated flood fringe area only
where it is determined by the Municipal Engineer that the first-floor
elevation will be above the flood level and that construction and
landfilling will not significantly increase flooding in other areas.
F.
Streets and other improvements.
(1)
Standards for the grading, improvement and construction
of streets or driveways and for any required walkways, curbs, gutters,
streetlights, fire hydrants and water, drainage, sewage facilities
and other improvements found necessary shall be as provided to the
developer by the Municipal Engineer. Where certain utilities to be
installed are under other governmental authority or jurisdictions,
the standards shall be provided by those jurisdictions and shall be
adhered to by the developer. A letter approving the proposed installations
and a statement as to who will carry out the construction shall be
required.
(2)
Minimum road design, stormwater and parking lot design
standards shall be added as indicated in the attached chart:
[Added 10-9-1990 by Ord. No. 283]
|
FOR ROAD ACCEPTANCE
Andover Borough
Sussex County, New Jersey
July 1990
| |||
|---|---|---|---|
|
Type
|
Collector Street
|
Rural/Local/Minor and Site Plan
| |
|
Right-of-way width (feet)
|
50
|
50
| |
|
Pavement width (feet)
|
30
|
24
| |
|
Riding lane width (feet)
|
15
|
12
| |
|
Slope of pavement
|
2% from center line
|
2% from center line
| |
|
Shoulder width
|
None
|
None
| |
|
Shoulder slope
|
None
|
None
| |
|
Curbing
|
Concrete curb of 9 feet by 20 feet, Class B
concrete or granite block curb on grades of 6% or greater
|
Same
| |
|
Type and depth of road construction:1
| |||
|
Pavement
|
2 inches fly ash — bituminous concrete
— 1
|
2 inches fly ash — bituminous concrete
— 1
| |
|
Base course
|
4 inches fly ash or 3 inches bituminous stabilized
base
|
4 inches fly ash or 3 inches bituminous stabilized
base
| |
|
Subbase
|
6 inches gravel subbase Type 2, Class A or B
|
4 inches gravel subbase Type 2, Class A or B
| |
|
Shoulder construction
|
None
|
None
| |
|
Earth berm width (feet)
|
7
|
5
| |
|
Earth berm slope
|
2% towards curb
|
2% towards curb
| |
|
Cut slope in earth
|
2:1
|
2:1
| |
|
Cut slope in rock
|
1:4
|
1:4
| |
|
Fill slope: 0 to 5 feet
|
4:1
|
4:1
| |
|
Fill slope: 5 feet and over
|
2:1
|
2:1
| |
|
Topsoiling depth on berms and earth slopes (inches)
|
4
|
4
| |
|
Seeding type on berms and slopes under 5 feet
|
Type A
|
Type A
| |
|
Seeding type on slopes over 5 feet
|
Type E
|
Type E
| |
|
Design speed (mph)
|
40
|
25
| |
|
Maximum grade (percent)
|
10.0
|
12.0
| |
|
Minimum grade (percent)
|
0.5
|
0.5
| |
|
Minimum center line radius (feet)
|
508.0
|
273.0
| |
|
Maximum distance between inlets (feet)
|
400.0
|
400.0
| |
|
Storm frequency period with land use fully developed
|
one-hundred-year storm or such lesser standard
as approved by Planning Board
|
Same
| |
|
Storm sewer design:
| |||
|
Minimum pipe size (inches)
|
15
|
15
| |
|
Type of pipe
|
Reinforced concrete pipe or corrugated metal
pipe bituminous coated
|
Same
| |
|
Type of headwall
|
Class C concrete or flared end section
|
Same
| |
|
Specifications to govern construction and design
|
Latest edition of N.J. State Department of Transportation
Standard Specifications for Road and Bridge Construction and amendments
thereto
|
AASHO Geometric Design of Rural Highways, 1965
| |
|
NOTES:
|
|---|
|
1 Alternate pavement
design standards will be considered if approved by the Borough Engineer
as equal.
|
G.
Any off-tract water, sewer, drainage or street improvements
required as a result of land development shall be paid for by the
developer on a pro rata basis as determined by the municipal agency.
Said costs shall be determined by proportioning said benefit to the
site in relation to the benefit of the entire area being served, as
specified in the standards set forth in the Land Subdivision Ordinance.[2]
H.
All taxes and assessments against the site shall be
paid prior to any preliminary approval.
J.
Projects located within the Carbonate Area District which require subdivision or site plan approval, and require the disturbance of one or more acres of land, and/or the construction of 0.25 acre or more of new impervious cover, shall also comply with all standards set forth in Chapter 48, Carbonate Area District.
[Added 5-14-2007 by Ord. No. 379]
A.
The following documents shall be provided for a preliminary
site plan review, except that, for planned unit developments, preliminary
site plan submission requirements shall be as contained in An Ordinance
Creating a Planned Unit Development Zone for the Borough of Andover,
comprising an addition to Article V of the Zoning Ordinance of the
Borough of Andover.[1] In some circumstances, additional information beyond these
may be required of the applicant. If so, these should be carefully
indicated by the municipal agency as early in the proceedings as possible
for the orderly presentation of the application for approval. Surveys,
the general plan, grading and utility plans, landscaping plans, architectural
plans and elevations may be indicated on separate drawings and documents.
The documents shall:
(1)
Give title, key map location of development and the
name and address of record owner and/or development applicant, and
site planner preparing the site development plan.
(2)
Indicate proposed use or uses of the land and buildings.
(3)
Present site plans at a scale no smaller than one
inch equals 50 feet, no larger than one inch equals 20 feet, size
of sheets should not exceed 36 inches by 24 inches.
(4)
Show scale and graphic scale.
(5)
Show North arrow, in same direction on all sheets.
(6)
Submit survey of the property prepared by a licensed
surveyor or engineer of New Jersey, showing boundaries of properties,
line of all existing streets and roads, easements, rights-of-way and
areas dedicated to public use within 200 feet of the property.
(7)
Show existing and proposed buildings with dimensions
showing, with first-floor elevation, present and finished grade elevations
at all corners and entrances. Present buildings and structures to
be removed are to be indicated.
(8)
Submit topographic map to delineate existing contours
at two-foot intervals, up to 10 feet beyond property lines, as well
as proposed grading and contours, wooded areas, trees (where 12 inches
or greater in diameter), floodplains, ponds, streams and drainage
ditches, etc.
(9)
Indicate the location of all existing and proposed
structures, i.e., walls, fences, culverts, bridges, roadways, etc.,
with grade elevations for each structure.
(10)
Indicate existing zones of the development site and
of any different zones within 200 feet of the property.
(11)
Show the distance of the property line (measured along
the center line of existing streets abutting the property) to the
nearest intersection.
(12)
Show the boundaries of the property, building and
setback lines, lines of existing streets, lots, reservations, easements
and areas dedicated to public use.
(13)
Indicate locations of all utility structures and lines,
existing and proposed stormwater drainage on-site and on-tract and
from buildings and structures, as well as telephone, power and light,
water, hydrant locations, sewer, gas, etc., whether privately or publicly
owned, with manholes, inlets, pipe sizes, grades, inverts and directions
of flow.
(14)
Show location, size and nature of the entire lot or
lots in question; of contiguous lots owned by the applicant or owner
of record, or in which the applicant has a direct interest even though
only a portion of the entire property is involved in site plan development
and provide on a key map, if necessary.
(15)
Show all proposed easements and public and community
areas.
(16)
Indicate all means of vehicular ingress and egress
to and from the site onto public streets, showing the size and location
of driveways, curb cuts and curbing, sight lines and radii.
(17)
Show location and design of off-street parking areas,
showing their size and the location of internal circulation, traffic
patterns, parking space, aisles, driveways, curbing, barriers and
wearing surface finished and construction, all of which shall conform
to the requirements of municipal ordinances and specifications established
by the Borough Engineer.
(18)
Show location, arrangement and dimensions of truck
loading and unloading platforms and docks.
(19)
Indicate provisions for refuse and garbage disposal
and ensure that areas are not exposed to view, are unpolluting, are
covered from weather and are secure from vandalism.
(20)
Show provisions for screening storage of equipment,
attached or separate from buildings.
(21)
Indicate all existing or proposed exterior lighting
(freestanding and/or on building) for size, nature of construction,
lumens, heights, area and direction of illumination, footcandles produced,
as well as time controls proposed for outdoor lighting and display.
(22)
Note 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.
(23)
Indicate locations, dimensions and construction of
off-site sidewalks, on-site exits, walks and sidewalks. Provision
should be made for pedestrian safety, access ways and, where necessary,
a bicycle system and racking.
(24)
Show proposed screening, green areas, landscaping
and fencing, including a planting plan and schedule (sizes, types,
number), prepared by a qualified landscape architect or landscape
designer.
(25)
Show improvements to adjoining streets and roads and
traffic control devices necessary in streets or highways. Acceleration
and deceleration lanes, paving, land dedication or acquisition for
roads should be shown.
(26)
Copies of any covenants and deed restrictions intended
to cover any of the development site should be submitted.
(27)
Submit elevations, sketches, renderings or pictures
of any new buildings or structures.
(28)
Preliminary architectural floor plans and elevations
should be submitted, with the name, address, professional number and
seal of the architect.
(29)
Supply appropriate places for signatures and date
of approval of the chairman and secretary of the municipal agency
and the Municipal Engineer.
(30)
In fire prevention, consideration must be shown for
service lines, hydrants, siamese connections, automatic sprinkler
systems, fire zones, "no parking" fire zones and pavement and wall
signs.
(31)
Show dimensions of all of the above on the site plan
so that scaling will not be necessary.
(32)
A traffic impact study shall be required for developments
of 20,000 square feet or greater as outlined in § 134-25I(7).
[Added 8-13-1990 by Ord. No. 282]
(33)
An environmental impact statement shall be submitted as set forth in § 109-10.
[Added 8-13-1990 by Ord. No. 282]
(34)
A landscaping plan shall be provided as set forth in § 134-64.2E.
[Added 8-13-1990 by Ord. No. 282]
(36)
Requirements for steep slope areas as set forth in
§ 134-67.D(2).
[Added 3-12-2007 by Ord. No. 378]
(37)
A geotechnical investigation program for all projects located within the Carbonate Ares which require subdivision or site plan approval, and require the disturbance of one or more acres of land, and/or the construction of 0.25 acre or more of new impervious cover, as set forth in Chapter 48, Carbonate Area District.
[Added 5-14-2007 by Ord. No. 379]
In order that the municipal agency may assess
the impact of a proposed development upon the natural environment,
particularly with respect to potable water, pollution of all kinds,
flooding and waste disposal, the application for site plan review,
including planned unit developments, shall be accompanied by an environmental
impact statement which shall contain information and analysis covering
the items hereinafter set forth. The municipal agency, as part of
its plan review procedures, shall take into consideration the effect
of the applicant's proposal upon all aspects of the environment, including
but not limited to sewage disposal, water quality, water supply, soil
erosion, preservation of trees and vegetation, protection of watercourses,
protection of aquifers and the presence of any nuisance factors. The
municipal agency shall not approve any submission hereunder unless
it determines and finds that the proposed development will not result
in avoidable harmful effects to the natural environment, has been
designed and conceived with a view toward the protection of natural
resources and will not place a disproportionate or excessive demand
upon the total resources available for such proposal and for any future
proposals. The municipal agency may upon application and for good
cause waive the requirement for an environmental impact statement
or for any of the specific requirements relating thereto as set forth
in the section. The environmental impact statement shall cover the
following:
A.
Description of development. The contours, buildings,
roads, paved areas, proposed grading or regrading, existence of natural
streams and the relationship of the premises to surrounding properties
and existing utility lines shall be described.
B.
Sewage facilities. It must be shown that either there
will be sewage runoff from the site of the proposed development or
that sewage can be disposed of through facilities adequate to preclude
water pollution. The following elements are required:
(1)
Compliance with state and municipal board of health
regulations.
(2)
If disposal is on-site, data on underlying geology,
soils analysis, percolation tests for every five acres, topography,
location of aquifers, depth and capacity of all wells within 500 feet
of site and any other pertinent data.
(3)
If disposal is off-site, plant design capacity, monthly
average flows for past 12 months, enforcement action against plant,
capacity of plant to treat industrial or commercial wastes, if applicable,
receiving water quality standards, stream quality data from state,
federal or private sources, stream flow (minimum average seven-consecutive-day
flow with a frequency of occurrence of 10 years), plans for sewage
treatment facility-local plans, state regional planning policy (including
interim basin plan) and flows expected from other approved subdivisions
which are dependent upon sewage treatment facilities in question.
C.
Water supply. It must be shown that an adequate potable
water supply is available and not threatened by nearby use of other
land. The following elements are required:
(1)
Compliance with state and local regulations.
(2)
If supply is from public facilities off-site, including
private water companies, amount of diversion granted by the Division
of Water Resources (maximum gallons of water pumped during any month),
present diversion (maximum gallons of water pumped during the past
24 months) and diversions expected from other approved subdivisions
which are dependent upon the present diversion granted by the Division
of Water Resources.
(3)
If supply is from on-site sources:
(a)
Realty improvements (less than 50 dwelling units):
location and depth of all private and public water supplied within
500 feet of the realty improvement, location, depth and adequacy of
proposed private or public water supplies to serve the proposed realty
improvement and a geologic description of subsurface conditions, including
expected groundwater yields (using published geologic reports or report
by a geologist).
(b)
Realty improvements (more than 50 dwelling units):
No preliminary site plan approval shall be granted until the Division
of Water Resources has determined that the proposed water supply and
sewage disposal facilities are adequate.
D.
Drainage. It must be shown that stormwater runoff
from the site is so controlled that on- and off-site erosion is neither
caused or worsened and that the potential of downstream flooding is
not increased. The following elements are required:
(1)
Volume of stormwater runoff now existing from site
and volume to be generated by new improvements.
(2)
Data on landscaping, vegetation map, tree and ground
cover, existing on-site compared with that proposed.
(3)
Changes of runoff to be caused by change of such landscape
and all roofs and paved surfaces.
(4)
Plans for disposition of stormwater, whether by retention
on site or means of channeling so as to protect downstream property.
(5)
Stream encroachments. In the case of streams having
a drainage area exceeding 1/2 square mile, an encroachment permit
is required from the Division of Water Resources for fill or diversion
of a water channel, alteration of a stream, repair or construction
of a bridge, culvert, reservoir, dam, wall, pipeline or cable crossing.
(6)
Floodplains. A description of potential flood damages,
including a summary of flood stages from state and federal sources
is required.
(7)
Submission of a sediment and erosion control plan
drawn in accordance with the guidelines and standards adopted from
time to time by the County Soil Conservation District.
E.
Solid waste disposal. A plan for disposal by means
of a facility operating in compliance with the State Sanitary Code
is required.
F.
Air pollution. It must be shown that no visible smoke
or deleterious chemical changes are produced in the atmosphere by
heating or incinerating devices not by any processing of materials.
G.
Critical impact areas. Plans should include any area, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the environment. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than 15% as set forth in § 134-67, sites located within the Carbonate Area District as set forth in Chapter 48, highly acid or highly erodible soils, areas of high water table and mature stands of native vegetation and aquifer recharge and discharge areas. The following elements are required:
[Amended 3-12-2007 by Ord. No. 378; 5-14-2007 by Ord. No.
379]
(1)
A statement of impact upon critical areas and of adverse
impacts which cannot be avoided.
(2)
Environmental protective measures, procedures and
schedules to minimize damage to critical impact areas.
(3)
A list of all licenses, permits and other approvals
required by municipal, county or state law and the status of each.
(4)
A listing of all adverse environmental impacts, especially
irreversible damage, that cannot be avoided.
(5)
An assessment of the environmental impact of the project.
(6)
A listing of steps proposed to minimize environmental
damage to the site and region during construction and operation.
A.
Submission of final site plan.
(1)
A final site plan and supporting drawings and documentation
constituting the complete development of the site plan proposal are
required for the Board to render a judgment as to whether or not the
development, as constructed, is consistent with the preliminary site
plan approval and shall become the basis for the issuance of a certificate
of occupancy.
[Amended 9-14-1992 by Ord. No. 297]
(2)
The final site plan shall be submitted in accordance
with the requirements of the Land Use Procedures Ordinance of the
Borough of Andover.[1] Further conditions for final site plan submissions for
planned unit developments shall be as specified in An Ordinance Creating
a Planned Unit Development Zone for the Borough of Andover, comprising
an addition to Article V of the Zoning Ordinance of the Borough of
Andover.[2]
(3)
The site plan and any engineering or architectural
documents required shall be in final form and accurate for final approval.
[Amended 9-14-1992 by Ord. No. 297]
(4)
The developer may at his option submit a final site
plan in stages to include only a portion of the original preliminary
site plan. Approval of the final site plan for a section shall not
extend the time limit of preliminary approval for the remaining sections.
B.
The municipal agency shall ensure that any improvements
required for the site plan as a whole, which might have an adverse
effect on an approved section if the remaining sections were not completed,
shall be installed as a condition of approval for any section. This
shall include but not be limited to open space, recreation, soil and
erosion control and similar improvements.
A.
The municipal agency shall grant final approval of
the detailed drawings, specifications and estimates if the application
for final approval conforms to the standards established by this chapter
for final approval and the conditions of preliminary approval.
B.
Final approval shall be granted or denied within 45
days after submission of a complete application to the Municipal Clerk,
or within such further time as may be consented to by the applicant.
Failure of the municipal agency to act within the time specified shall
constitute approval, and a certificate of the Secretary of the municipal
agency shall be issued on request of the applicant, and it shall be
sufficient in lieu of written endorsement or other evidence of approval.
Final approval of a site plan shall confer upon
the applicant the following rights for a two-year period after the
date of final approval:
A.
The zoning requirements applicable to the preliminary
approval first granted.
B.
All other rights conferred upon the developer pursuant
to preliminary approval whether conditional or otherwise shall not
be changed.
C.
The municipal agency may extend such period of protection
for good cause by extensions of one year but not to exceed three extensions.
D.
Notwithstanding any other provisions of this chapter,
the granting of final approval terminates the time period of preliminary
approval for the section granted final approval.
E.
In the case of a site plan for 150 acres or more,
the municipal agency may grant extensions of time longer than two
years as shall be determined by the municipal agency to be reasonable,
taking into consideration the number of dwelling units and nonresidential
floor area permissible, economic conditions and the comprehensiveness
of the development, among others.
A.
Final site plan details are primarily a refinement
of the preliminary details by providing final engineering and architectural
information which will be classified as site plan construction details.
[Amended 9-14-1992 by Ord. No. 297]
B.
The following data shall be provided on the final
site plan:
(1)
All the data required on the preliminary site plan, with complete accuracy, including, for planned unit developments, those details required in § 109-9 above.
(2)
If any changes from the preliminary site plan have
been made, an approved preliminary site plan showing those changes
marked in red. The extent of changes permitted for planned unit developments
are specified in An Ordinance Creating a Planned Unit Development
Zone, comprising an addition to Article V of the Zoning Ordinance
of the Borough of Andover.[1]
A.
Prior to final site plan approval and as a condition
thereof, the developer shall:
(1)
Furnish a performance guaranty in favor of the municipality
in an amount not to exceed 120% of the cost of installation for improvements
it may deem necessary or appropriate as shown on the final site plan
and as authorized by N.J.S.A. 40:55D-53.
(2)
Provide for a maintenance guaranty, to be posted with
the governing body for a period not to exceed two years after final
acceptance of the improvement, in an amount not to exceed 15% of the
cost of the improvement. In the event that other governmental agencies
or public utilities automatically will own the utilities to be installed
or the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required by the municipality for such
utilities or improvements.
B.
The amount of any performance guaranty may be reduced
by the governing body, by resolution, when portions of the improvements
have been certified by the Municipal Engineer to have been completed.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be extended by said body
by resolution.
C.
If the required improvements are not completed or
corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon to the municipality for
the reasonable cost of the improvements not completed or corrected,
and the municipality may, either prior to or after the receipt of
the proceeds thereof, complete such improvements.
D.
When all of the required improvements have been completed,
the obligor shall notify the governing body, in writing, by certified
mail addressed in care of the Municipal Clerk, of the completion of
said improvements and shall send a copy thereof to the Municipal Engineer.
Thereupon, the Municipal Engineer shall inspect all of the improvements
and shall file a detailed report, in writing, with the governing body,
indicating either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
E.
The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Municipal Engineer and shall notify the obligor, in writing, by certified
mail, of the contents of said report and the action of said approving
authority with relation thereto, no later than 65 days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved. Failure of the governing body to send or provide
such notification to the obligor within 65 days shall be deemed to
constitute approval of the improvements, and the obligor and surety,
if any, shall be released from all liability pursuant to such performance
guaranty.
F.
If any portion of the required improvements are rejected,
the approving authority may require the obligor to complete such improvements,
and, upon completion, the same procedure of notification as set forth
in this section shall be followed.
G.
The obligor shall reimburse the municipality for all
reasonable inspection fees paid to the Municipal Engineer for the
foregoing inspection of improvements.
The regulations and standards set forth in this
chapter are for the protection of the public health, safety and welfare
of the citizens of this municipality. However, if an applicant can
demonstrate that because of peculiar conditions relating to his application
or to his land it would be unreasonable or impossible to enforce one
or more of the regulations or requirements set forth herein, or that
it would exact undue hardship upon said applicant, the municipal agency
may permit such variance or variances as may be reasonable and within
the general purpose and intent of the rules, regulations and standards
herein so established, in which event the municipal agency shall in
its resolution set forth its findings of fact and legal conclusions
supporting said action.
The developer shall undertake construction in substantial conformance with the approved final site plan or, if final site plan approval has not yet been obtained, with the approved preliminary site plan. If a deviation is required by change of conditions beyond the control of the developer occurring after the date of final approval or, if final approval has not yet been obtained, of preliminary approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan or Chapter 134, Zoning, then such deviation may be permitted by the Planning/Zoning Board.
[1]
Editor's Note: This ordinance also repealed
former § 109-17, Joint Submission, and provided for the
renumbering of former §§ 109-18 through 109-23 as 109-17
through 109-22, respectively.
The Secretary of the municipal agency approving
a final site plan shall certify three full sets, on each page, with
an appropriate stamp showing date approved, file number, Chairman's
signature and Secretary's signature. One set shall be given to the
applicant, one to the Zoning Enforcement Officer for his use and one
set shall be retained in the official files of the municipal agency.
A.
There shall be submitted with each site plan application, in order to defray the cost of review of said site plan, a deposit to cover administrative costs and the cost of review services provided by the Municipal Engineer, planning consultant and other municipal personnel. The amount of the deposit shall be as provided in Chapter 66, Fees.
[Amended 6-9-1986 by Ord. No. 224]
B.
Any unused portion of any such deposit shall be returned
to the applicant. If the cost of review services exceeds the amount
of deposit, sufficient additional funds shall be deposited before
approval of the site plan shall become effective.
C.
For purposes of determining the amount of deposit,
if only a portion of the property is to be developed and said property
can be further subdivided under the requirements of the Land Subdivision
Ordinance and Zoning Ordinance of the municipality,[1] the lot area shall be construed to be an area which can
be subdivided under the requirements of said ordinances wherein all
proposed buildings and improvements would meet all required setback
and yard requirements. When a site plan for a new building or structure
or addition thereto does not involve off-street parking, traffic circulation
or drainage facilities, the amount of the deposit as it pertains to
lot area shall apply only to the ground floor area of the building
or structure.
Failure to comply with any of the conditions
of site plan approval subsequent to the receipt of a building permit,
zoning permit or certificate of occupancy, as the case may be, shall
be grounds for the revocation of any building permit, zoning permit
or certificate of occupancy, as the case may be. A written notice
of revocation sent by certified mail by the Zoning Officer or Building
Inspector, as the case may be, shall specify the conditions of site
plan approval which have been violated, and such revocation shall
effectively terminate the validity of any building permit, zoning
permit or certificate of occupancy theretofore issued.
[Amended 6-9-1986 by Ord. No. 224]
This chapter shall be construed in pari materia
with the Land Use Procedures Ordinance, the Land Subdivision Ordinance
and the Zoning Ordinance of the Borough of Andover,[1] which ordinances together constitute the land use regulations
of this municipality, and shall be liberally construed to effectuate
the purposes thereof.
