[Added 4-21-10987 by Ord. No. 1987-6]
This Article of the Bay Head Municipal Land
Use Ordinance shall be known and may be cited as the "Site Plan Ordinance
of the Borough of Bay Head."
A.
Except as hereinafter provided, no building permit nor development permit for any development of any type shall be issued for the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure as such terms are defined in § 147-2 of this chapter and defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which includes, but is not limited to, a commercial, industrial or office building, a multiple dwelling, church or place of worship, fraternal or religious or social recreation building, unless a site plan application is first submitted and approved by the Bay Head Planning Board and no certificate of occupancy shall be issued or given, unless all construction conforms to the approved site plan.
B.
Except as hereinafter provided, every change of use
shall require a site plan to be submitted and approved by the Planning
Board of Bay Head. For the purposes of this section, "use" shall be
defined as a specific nature or purpose for which a building is primarily
occupied or maintained. An applicant seeking a change of use may,
however, be exempt from this requirement, provided that the following
conditions are met:
(1)
The use is listed as a permitted use in the particular
zone and is otherwise a conforming use.
(2)
No variance of any kind is required by the change
of use.
(3)
The new use does not require additional parking spaces
or other facilities under the standards of this chapter and further
does not require the relocation and/or alteration of any existing
internal driveways or fire lanes.
(4)
The new use will not increase operating hours or require
additional screening or buffer areas under the standards of this chapter
nor reduce the existing buffer or landscaped area.
A.
An application for approval of a site plan shall consist of 15 copies of a site plan and three copies of an application form. The application shall be submitted to the Clerk of the approving authority at least 21 days prior to the scheduled public meeting of the Planning Board. All applications for site plan approval shall be stamped as of the date of submission. The provisions of § 147-44 of this chapter shall not in any manner whatsoever govern the requirements or procedures for applications for site plan approval, notwithstanding any language within said § 147-44 to the contrary. The submission of applications for site plan approval and determinations as to completeness of a site plan application shall be determined and governed by Articles XIII and XIV and the provision of the Municipal Land Use Law of the State of New Jersey.[1] All site plan applications, including all supporting documents,
shall comply with the requirements hereinafter or hereinbefore set
forth. The application for approval of a site plan shall be considered
incomplete if the applicant fails to comply with all the requirements
set forth in this Article for preliminary or final approval of a site
plan. No application shall be determined complete until all municipal
and school taxes and sewer and water charges are paid for the real
property which is the subject of the site plan.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
The applicant shall state on the first line of the
first page of his application whether he is requesting a preliminary
site plan approval, final site plan approval or simultaneous preliminary
and final site plan approval.
C.
The applicant as part of his application shall comply
with the requirements of the Bay Head Site Plan Checklist by complying
with all the requirements set forth therein and by delineating or
answering the information requested thereon. The Bay Head Site Plan
Checklist is annexed hereto and is part of this chapter.[2] Every applicant shall submit three copies of his completed
Site Plan Checklist with his site plan application.
[2]
Editor's Note: The site plan checklist is
on file in the borough offices.
D.
The approving authority 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,
whenever such approval is required by the laws of the state of New
Jersey, including, but not limited to, N.J.S.A. 40:27-6.1 et seq.
E.
The appropriate approving authority shall make all
determinations and render all required resolutions no later than in
that period of time provided for the occurrence of such determinations
and resolution under the provisions of the Municipal Land Use Law.
A.
The Planning Board shall grant site plan approval
in the event that the site plan complies with the following standards,
regulations and requirements:
(1)
The applicant has submitted a site plan meeting all
the requirements and containing all of the information and data as
provided for and required in this Article.
(2)
The details of the site plan show that the applicant
is in conformance and in accordance with standards and requirements
of all the provisions of this chapter, the requirements of this Article
and any and all other ordinances of the Borough of Bay Head.
(4)
The applicant has made adequate provisions for drainage
and stormwater management and the applicant's site plan application
clearly shows such provisions, when implemented, will effectively
provide adequate drainage and stormwater management.
(5)
Adequate provisions have been made for all parking,
traffic circulation and pedestrian circulation in and about the property.
All parking and traffic problems shall be resolved before approval.
(6)
Provisions have been made for reasonable screening or buffers at all seasons of the year of all playgrounds, parking and service areas from and to the view of adjacent properties and streets, as specified under the buffer standards in § 147-69 or as specified under any other provision of this chapter.
(7)
Provisions have been made which ensure that the location,
power, directions and time of any outdoor lighting will not have any
adverse effect upon any properties in adjoining residential districts
by impairing the established character or the potential use of properties
in such districts.
(8)
Provisions have been made for complying or ensuring
compliance with the requirement to contribute to an applicant's prorated
share of the cost of the off-site improvements imposed upon the applicant
pursuant to this chapter. Such provisions shall include, with specificity,
the method by which performance guaranties are secured when such are
required.
(9)
The applicant has submitted proof that he has complied
with all notice requirements and notice provision as set forth in
this chapter and in the Municipal Land Use Law.
B.
The appropriate approving authority shall condition
approval of any site plan upon notice of approval of the plans from
the following agencies:
A.
Site plans for a preliminary site plan application
shall show, contain or comply with the following requirements. No
development application for site plan approval shall be accepted unless
submitted in plat form, and no plat shall be accepted for consideration
unless such conforms to the following requirements as to form, content
and accompanying information:
(1)
The title block shall conform to N.J.S.A. 45:8-36
and N.J.A.C. 13:40-1 and 13:40-2.
(2)
The date of the site plan and all revisions shall
be noted and dated.
(3)
The graphic scale and numeric scale, North arrow and
title of development shall be shown.
(4)
The layout of proposed buildings or structures, including
preliminary architectural floor plans and elevation plans, shall be
shown. The plan shall show the size, height, location, arrangement
and use of all proposed buildings, structures and signs, including
the architect's scaled elevation of the front, side and rear of any
structure and shall also include a written description of the proposed
uses and operations of nonresidential buildings, including the number
of employees or members, the expected truck and tractor-trailer traffic,
the emission of noise, glare, odor, heat, vibration and air and water
pollution. The location of the trailer for a temporary construction
and/or sales office shall be shown along with the expected length
of time the temporary trailer will be present on or about the site.
(5)
A key map showing the location of the tract with references
to surrounding areas and existing street intersections shall be provided.
Scale shall be not less than one inch equals 400 feet. The names of
all owners of record of the tract shall be shown. The names of all
owners of record of all adjacent property and any property directly
across any street and the block and lot number of those properties
shall be shown.
(6)
The name and address of the record owner of the land
which is the subject of the site plan and the list of corporate owners
of the applicant shall be provided and shown. Corporate owners shall
be deemed to be all persons or entities owning more than a ten-percent
interest. Stock certificates held by fiduciaries shall be deemed owned
by the person or entity for whom the fiduciary holds the stocks and
also be considered held by the fiduciary. All corporate owners deemed
as such under the Municipal Land Use Law[1] shall be disclosed as required by such law.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(7)
Signature blocks shall have the person's name printed
below.
(8)
A tracing shall be submitted on sheet sizes of 24
inches by 36 inches or 30 inches by 42 inches.
(9)
The acceptable scales shall be one inch equals ten,
twenty, thirty, forty or fifty (10, 20, 30, 40 or 50) feet.
(10)
All distances shall be in feet and decimals
of a foot, and all bearings shall be given to the nearest 30 seconds.
The error of closure shall not exceed one to 10,000.
(11)
The plan shall include names of all owners of
record of all properties within 200 feet and the blocks and lot numbers
of the properties as shown on the latest tax records. In addition,
all structures within 200 feet of the property in question must be
indicated on the site plan. In addition, the zoning and setbacks of
the properties within 200 feet must also be indicated.
(12)
Existing schools, zoning and special district
boundaries shall be shown. Such features shall be shown on a separate
map or as a key map on a special detailed map itself.
(13)
The plan shall show the boundaries of the property,
building and setback lines, and lines of existing streets, lot reservations,
easements and areas dedicated to public use, including grants, restrictions
and rights-of-way.
(14)
Any covenants, deed restrictions or exceptions
that are intended to cover all or any part of the tract shall be noted
and a copy thereof included with the application.
(15)
All distances, as measured along the center
lines of existing streets abutting the property to the nearest intersection
with any other public street shall be shown. For survey location purposes,
"intersection" is defined as a confluence of right-of-way lines.
(16)
The plan shall note the location of existing
buildings which shall remain and all other structures, such as wells,
fences, signs, culverts, bridges, roadways, etc., with spot elevations
of such structures shown. Structures to be removed shall be indicated
by dashed lines.
(17)
The following shall be shown:
(a)
The horizontal location, including size and
inverts of all storm drainage structures and utility lines, whether
publicly or privately owned, with pipe sizes, grades and direction
of flow; and,
(b)
If any existing utility lines are underground,
the estimated location of the underground utility lines within 200
feet of the site.
(18)
Existing contours with intervals of two feet
where slopes are less than 5% and five feet when 5% or more, referenced
to United States Coast and Geodetic Survey datum, shall be shown and
indicated by dashed lines. Where any changes in contours are proposed,
finished grades should be shown as solid lines. The location of the
bench mark, including ties, and United States Coast and Geodetic Survey
elevation shall be shown.
(19)
The location of existing high points, watercourses,
depressions, ponds, marshes, wooded areas, single trees not in wooded
areas with a diameter of 12 inches or more as measured three feet
above the base of the trunk and other significant existing features,
including previous flood elevations of watercourses, ponds and marsh
areas as determined by survey shall be shown.
(20)
A survey prepared by a licensed surveyor of
the State of New Jersey shall accompany the site plan and shall show
the boundaries of the parcel and the limits of all proposed streets,
recreation areas and other property to be dedicated to public uses.
(21)
All proposed easements, and public and community
areas shall be shown. The plan shall show all proposed streets and
contiguous streets with profiles indicating grading and cross sections
showing widths of roadways, locations and widths of sidewalks and
locations and sizes of utility lines. The plan shall indicate that
the standards and specifications of the Borough of Bay Head ordinances
for these items have been met.
(22)
The proposed use of land and buildings and proposed
location of buildings, including proposed grades, shall be shown.
The features should be indicated on a separate drawing where deemed
desirable by the engineer, and the plan shall state the percentage
of each lot covered by existing and/or proposed structures.
(23)
All means of vehicular access for ingress to
and egress from the site onto public streets, showing the size and
location of driveways and curb cuts, including the possible utilization
of traffic channels, channelization, acceleration and deceleration
lanes, additional width and any other device necessary to prevent
a difficult traffic situation shall be shown. This plan shall show
access streets and street names, acceleration/deceleration lanes,
curbs, aisles and lanes, access points to public streets, sight triangles,
traffic channelization, easements, fire lanes, driveways, number and
location of parking spaces and loading spaces, pedestrian walks, bikeways
and all related facilities for the movement and storage of goods,
vehicles and persons on the site and including lights, lighting standards,
signs and driveways within the tract and within 100 feet of the tract.
Sidewalks shall be shown from each building entrance/exit along expected
paths of pedestrian travel, such as, but not limited to, access to
parking lots, driveways and buildings on the site and across common
yard areas between buildings. Plans shall be accompanied by cross
sections of new streets, aisles, lanes, driveways, sidewalks and bikeways.
Any expansion plans for the proposed use shall show feasible parking
and loading expansion plans to accompany building expansion. The location
and design of any off-street parking areas or loading areas, including
the size and location of bays, aisles and barriers, shall be shown.
Traffic reports, as required by the Planning Board, shall be submitted.
If the approving authority finds it desirable, the items required
to be shown by this subsection shall be provided on a separate plat.
(24)
The location of all proposed waterlines, valves
and hydrants and all sewer lines or alternative means of water supply
or sewage disposal and treatment shall be shown and be in conformance
with the applicable standards of the Borough of Bay Head and the appropriate
utility company.
(25)
The proposed location, direction of illumination,
power and time of proposed outdoor lighting shall be shown and be
in conformance with the applicable standards of the Borough of Bay
Head.
(26)
The proposed location of all signs shall be
shown. Such sign shall be identified as to size and all specifics
regarding illumination including the proposed times the sign shall
be lighted.
(27)
The proposed screening and landscaping, including planting plan, shall be shown in detail with all plantings identified, and shall be in conformance with the buffer standards in § 147-69 and all other screening and landscaping requirements of this chapter. The plan shall be prepared by a landscape architect who shall certify that the proposed landscaping plan is appropriate in the landscape architect's professional opinion for the site plan and that such plan meets the purposes and requirements of this chapter. The landscape architect shall certify the plan by signing the site plan in his designated signature line upon the site plan. All landscape plans shall have a schedule of the Latin and common name, the quantity, the size, spacing and method of planting of each plant and landscape material. If, in the professional opinion of the landscape architect, he believes a different landscape and screening plan would better serve the proposed purposes of the site plan and municipal land use planning, he shall so indicate at the time he certifies the plan.
(28)
The proposed stormwater management system is
to be designed in accordance with the applicable provisions of this
chapter and with acceptable engineering standards for obtaining the
objectives of stormwater management. All site plans shall be accompanied
by a sketch plan showing all existing drainage within 500 feet of
any boundary and all areas such as paved areas, grassed areas, wooded
areas and other surface areas considered in designing the proposed
stormwater management system.
(29)
The applicant shall provide such other information
or data as may be required by the Planning Board in order to determine
that the details of the site plan are in accordance with the standards
of all other ordinances of the borough and, further, that the building
or use will not offend the public interest.
(30)
All site plans shall incorporate soil erosion
and sediment control programs for the purpose of controlling soil
erosion and sediment damages and related environmental damage by requiring
adequate provisions for surface water retention and drainage and for
the protection of exposed soil surfaces. The site plan application
shall include a plan showing the area of soil removal, soil disturbance
and land grading and establishing the means for controlling soil erosion
and sedimentation. The soil erosion and sediment control measure shall
be certified by the appropriate soil conservation district and shall
comply with all applicable provisions of this chapter.
(31)
The plan shall show the location, size and description
of the solid waste collection and disposal structures, containers
and methods. The proposed screening around or enclosure of these structures
and containers shall be shown and described.
(32)
All materials to be used for structures to be
built upon the site shall be fully described.
(33)
No fence, wall, building, planting, or other visual obstruction larger
than 12 inches in diameter, with the exception of permanent structures
such as buildings or retaining walls already in existence at the time
of the enactment of this subsection, which is located, in whole or
in part, in the area from the point of intersection of street pavement
edge or curb-back, to points 25 feet along said street pavement edge
or curb-back in both directions, with lines connecting all three points
(“sight triangle”) shall be permitted to exceed a height
greater than three feet within such area. All such clear sight triangles
shall be depicted on proposed subdivision and land development plans.
[Added 12-20-2010 by Ord. No. 2010-18]
B.
The site plan shall be prepared by a licensed engineer
or architect for general locations. For topographical and boundary
survey information, the site plan shall be signed and sealed by a
licensed land surveyor. For all elements of design, which shall include
drainage, pavements, curbing, walkways, embankments, horizontal and
vertical geometries, utilities and all pertinent structures, drawings
shall be signed and sealed by a licensed professional engineer. The
license number and seal of the person preparing the site plan shall
be affixed.
C.
The applicant shall submit, in conjunction with his
site plan application, a statement from the Sewer and Water Department
that the applicant will be accepted into the sewage disposal plant
or system on a date prior to the issuance of any certificate of occupancy.
Additionally, where such an approval is required under law, the applicant
shall submit written proof of the approval of the construction plans
by the Bay Head Fire Company designate and, where such approvals are
required under law, shall submit written proof that the local and
state Board of Health has approved the proposed plan or buildings.
D.
The site plan shall show all off-tract improvements
as may be required pursuant to this chapter and shall supply all required
performance guaranties.
As a condition of final site plan approval, the approving authority may require a performance guaranty in accordance with the requirements and standards adopted by § 147-40 of this chapter for the purpose of assuring the installation and maintenance of on-tract or imposed off-tract improvements, based on an estimate of the cost of same to be performed by the Borough Engineer or, at his discretion, the Planning Board Engineer. Applications for site plan approval shall comply with all the provisions of N.J.S.A. 40:55D-53, as if fully set forth herein, and the ordinance and same is incorporated herein by reference.
All provisions of Articles XI and XII of this chapter, §§ 147-54 through 147-59 inclusive, shall apply to the site plan approvals and to applicants requesting site plan approval. The approving authority shall not be required to approve a site plan unless the applicant and the site plans comply with all the requirements set forth in those Articles. Any reference within those Articles which refers to "subdivisions" shall be deemed to mean site plans for the purposes of this section.
The final site plan application shall follow
the requirements for preliminary site plan approval and shall include
all changes required as a condition of preliminary approval. Final
site plan applications shall specifically indicate any changes made
by the applicant from his preliminary site plan approval.
