[HISTORY: Adopted by the Mayor and Council
of the Borough of Branchville 5-16-1979 by Ord. No. 3-79. Amendments noted where
applicable.]
This chapter shall be known as and may be cited
as the "Site Plan Review Ordinance of the Borough of Branchville."
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.
Any development that provides for ultimately disturbing one
or more acres of land. Disturbance for the purpose of this rule is
the placement of impervious surface or exposure and/or movement of
soil or bedrock or the clearing, cutting, or removing of vegetation.
[Added 3-15-2006 by Ord. No. 3-2006]
[Added 5-21-1997 by Ord. No.
3-97]:
A development plan of one or more lots, determined
by the Planning Board to be minor in scope, and which does not involve:
A planned development, when permitted.
Any new street.
An installation or extension of any off-tract
improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42.
Industrial uses.
Soil removal uses.
Garden apartments.
Residential uses of more than three units.
Service stations and public garages.
Cemeteries.
Mortuaries.
Public utilities.
Tourist homes.
Wholesale establishments.
Car washes.
Mental health and drug treatment facilities.
Juvenile and criminal supervision and correction
facilities.
A plan with 10 or more off-street parking spaces,
unless the structures, including the parking lot, are preexisting
and the Planning Board specifically classifies the application as
a minor site plan.
Community residences for the development of
the mentally disabled, shelters for victims of domestic violence,
group homes, family day-care homes and child-care centers, as defined
in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Townhouses.
Auto repair shops.
Restaurants, where there is no existing sewage
treatment plant serving the proposed use.
Lumberyards.
New and used car sales.
Supermarkets.
Indoor theaters.
Motels.
The within definition is adopted pursuant to
the provisions of N.J.S.A. 40:55D-5 and N.J.S.A. 40:55D-46.1.
The Planning Board or Zoning Board of Adjustment, as the
case may be, and is synonymous with "reviewing agency" or "reviewing
board."
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any security which may be accepted by a municipality, including
cash; provided that a municipality shall not require more than 10%
of the total performance guaranty in cash.
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.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of water to safeguard the public against flood damage, sedimentation
and erosion.
A development plan of one or more lots on which is shown the items required by virtue of the provisions of § 97-9 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 7-16-1980 by Ord. No. 4-80]
Prior to the issuance of a permit for any development
other than for detached one- or two-dwelling-unit buildings 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 N.J.S.A.
40:55D-76(b). This requirement shall be applicable to 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; to any
change in use of a structure other than those hereinabove exempted;
or to removal of vegetation or disturbance of soil in an area of over
5,000 square feet. At the request of the developer, the Planning Board
shall grant an informal review of a concept plan. There shall be no
fee for said review, and neither the developer nor the Planning Board
shall be bound by the review.
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 in writing
of the deficiencies by the Board or the Board's designee within 45
days of the submission of the application or it shall be deemed to
be properly submitted.
[Amended 7-16-1980 by Ord. No. 4-80]
B.
Time for decision.
(1)
Upon the submission to the Clerk of the respective
Board of a complete application for a preliminary site plan for 10
acres of land or less and 10 dwelling units 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.
[Amended 7-16-1980 by Ord. No. 4-80]
(2)
Upon the submission of a complete application for
a preliminary site plan for more than 10 acres or more than 10 dwelling
units, 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. Otherwise, the municipal
agency shall be deemed to have granted preliminary approval of the
site plan.
[Amended 7-16-1980 by Ord. No. 4-80]
C.
Decision.
(1)
The municipal agency shall, if the proposed development
complies with the requirements of this chapter, grant preliminary
site plan approval.
(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 the 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)
If the municipal agency acts favorably on the preliminary
site plan, the Chairman and Secretary shall affix their signatures
to the site plan.
A.
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:
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed except as otherwise permitted
by N.J.S.A. 40:55D-49(a).
(2)
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.
(3)
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.
B.
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 comprehensive
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 Clerk of the respective municipal
agency for such purpose and shall be submitted in accordance with
the requirements of the Land Use Procedures Ordinance of the Borough
of Branchville.[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.
[Added 5-21-1997 by Ord. No. 3-97]
An application for minor site plan approval shall be submitted on forms supplied by the Secretary of the Planning/Zoning Board of Adjustment. A complete application for a minor site plan shall contain the items set forth in the checklist adopted as part of the Land Use Procedures Ordinance of the Borough of Branchville. See § 25-26.
Each site plan shall provide for the following:
B.
Safe and efficient vehicular and pedestrian circulation.
C.
Off-street parking and loading.
D.
Adequate screening and landscaping and appropriate
location of structures.
E.
Exterior lighting for safety reasons in addition to
adequate streetlighting.
F.
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 firefighting and emergency equipment
to buildings and shall be coordinated so as to compose a convenient
system.
G.
Adequate water supply, drainage, shade trees, sewerage
facilities and other utilities necessary for essential service to
residents and occupants.
H.
Any area reserved for public use shall be of suitable
size, shape and location to serve its intended purposes.
I.
No development shall take place in a delineated floodway
area, and such development 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.
J.
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.
K.
Standards for the grading, improvement and construction
of streets or driveways and for any required walkways, curbs, gutters,
streetlights, fire hydrants and water, drainage, sewerage 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.
L.
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]
M.
All taxes and assessments against the site shall be
paid prior to any preliminary approval.
N.
Recycling. All site plans shall be prepared to include
an area for the storage and pickup of recyclable materials. All site
plans for the construction of 25 or more units of multifamily residential
housing and any commercial or industrial development proposal for
the utilization of 1,000 square feet or more of land shall include
separate specific facilities for the separation, collection and pickup
of recyclable materials on or within the site. The provisions of the
Branchville Borough Recycling Ordinance[3] shall be complied with.
[Added 12-7-1988 by Ord. No. 9-88]
O.
Compliance with the State Highway Access Management Code. Land adjacent to state highways shall be developed in conformity with the State Highway Access Management Code adopted by the Commissioner of Transportation, N.J.A.C. 16:47-1 et seq.; lands adjacent to County roads shall be developed in accordance with the County Access Management Code adopted pursuant to N.J.S.A. 27:16-1; and land abutting Borough roads shall comply with the requirements relating to access contained in Chapter 101 of the Branchville Borough Code.
[Added 12-2-1998 by Ord. No. 5-98]
Q.
Hours of
operation. The Branchville Borough Planning/Zoning Board of Adjustment
shall have the power to regulate the hours of operation of a business,
commercial, manufacturing or industrial use in order to promote and
protect the public health, safety and welfare of the people and to
protect against hazards and unreasonable use of property and to protect
neighboring properties when reviewing any land use application for
development.
[Added 9-3-2016 by Ord.
No. 09-2016]
A.
Site plan details are primarily for the use of the
municipal agency to establish criteria required to make decisions
and recommendations.
B.
The following documents and details shall be provided
for a preliminary site plan review. 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 or approval. Surveys, the general plan, grading and utility
plans, landscaping plans, architectural plans and elevations may be
indicated on separate drawings and documents.
(1)
Title, key map location of development and the name
and address of record owner and/or development applicant and of site
planner preparing the site development plan.
(2)
Proposed use or uses of the land and buildings.
(3)
Site plans should be presented at a scale no smaller
than one inch equals 100 feet nor larger than one inch equals 20 feet;
size of sheets should not exceed 36 inches by 24 inches.
(4)
Scale and graphic scale.
(5)
North arrow, in same direction on all sheets.
(6)
Survey data of the property, prepared, certified and
sealed by a licensed land surveyor of New Jersey, including boundaries
of the property, proposed monuments, line of all existing streets
and roads, easements, rights-of-way and areas dedicated to public
use within 200 feet of the property.
(7)
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)
Topographic map delineating existing contours at two-foot
intervals up to 30 feet beyond property lines, as well as proposed
grading and contours, wooded areas, trees (where six inches or greater
in diameter), floodplains, ponds, streams and drainage ditches, etc.
(9)
Location of all existing and proposed structures,
i.e., walls, fences, culverts, bridges, roadways, etc., with grade
elevations for each structure.
(10)
Existing zones of the development site and of any
different zones within 200 feet of the property.
(11)
Distance of the property line to the nearest intersection,
measured along the center line of existing streets abutting the property.
(12)
Boundaries of the property, building and setback lines,
lines of existing streets, lots, reservations, easements and areas
dedicated to public use.
(13)
Locations and details 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)
Location, size and nature of the entire lot or lots
in question and 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.
Provide on a key map, if necessary.
(15)
All proposed easements and public and community areas.
(16)
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)
Location and design of off-street parking areas, showing their size and the location of internal circulation, traffic patterns, parking space, aisles, curbing, drainage and pavement construction, etc., all of which shall conform to the requirements of § 97-15 or as recommended by the Borough Engineer.
(18)
Location, arrangement and dimensions of truck loading
and unloading platforms and docks.
(19)
Provisions for refuse and garbage disposal, ensuring
that areas are not exposed to view, are unpolluting, are covered from
weather and are secure from vandalism.
(20)
Provisions for screening storage of equipment, attached
to or separate from buildings.
(21)
All existing or proposed exterior lighting, freestanding
and/or on building, indicating size, nature of construction, heights,
area and direction of illumination, footcandles produced, as well
as time controls proposed for outdoor lighting and display.
(22)
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)
Locations, dimensions and construction of off-site
sidewalks, on-site exits, walks and sidewalks. Provision should be
made for pedestrian safety.
(24)
Proposed screening, green areas, landscaping and fencing.
Landscaping shall be shown, including size, type and number of plants.
A planting schedule with planting details shall be inlcuded.
(25)
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.
(27)
Elevations, sketches, renderings or pictures of any
new buildings or structures.
(28)
Preliminary architectural floor plans and elevations,
with the name, address, professional number and seal of the architect.
(29)
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)
Dimensions of all of the above on the site plan so
that scaling will not be necessary.
(32)
Recycling. All site plans shall be prepared to include
an area for the storage and pickup of recyclable materials. All site
plans for the construction of 25 or more units of multifamily residential
housing and any commercial or industrial development proposal for
the utilization of 1,000 square feet or more of land shall include
separate specific facilities for the separation, collection and pickup
of recyclable materials on or within the site. The provisions of the
Branchville Borough Recycling Ordinance[1] shall be complied with.
[Added 12-7-1988 by Ord. No. 9-88]
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
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
air resources and 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 appreciable 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 this section, except Subsection D, Drainage, which
must be complied with at all times. 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.
Sewerage facilities. It must be shown either that
there will be no sewage runoff from the site of the proposed development
or that sewage can be disposed of through facilities adequate to preclude
water pollution.
C.
Water supply. It must be shown that an adequate potable
water supply is available and not threatened by nearby use of other
land.
(1)
Compliance with state and local regulations.
(2)
If supply is from public facilities off-site:
(a)
Amount of diversion granted by the Division
of Water Resources (maximum gallons of water pumped during any month).
(b)
Present diversion (maximum gallons of water
pumped during the past 24 months).
(c)
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).
[1]
Location and depth of all private and public
water supplies within 500 feet of the realty improvement; location,
depth and adequacy of proposed private or public water supplies to
serve the proposed realty improvement.
[2]
Geologic description of subsurface conditions,
including expected groundwater yields, using published geologic reports
or report by a geologist.
(b)
Realty improvement (more than 50 dwelling units).
No preliminary subdivision approval 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 nor worsened and that potential of downstream flooding is not
increased.
(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 by means of channeling so as to protect downstream property.
(5)
Stream encroachments. In 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. Description of potential flood damages,
including a summary of flood stages from state and federal sources.
(7)
Submission of a soil erosion and sediment control
plan in accordance with the Standards for Soil Erosion and Sediment
Control in New Jersey as promulgated by the State Soil Conservation
Committee.
(8)
Drainage structure details must be shown on all plans.
E.
Solid waste disposal. A plan for storage and disposal
of solid wastes shall be submitted.
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 nor 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.
(1)
Critical impact areas include but are not limited
to stream corridors, streams, wetlands, estuaries, slopes greater
than 25%, highly acid or highly erodible soils, areas of high water
table, mature stands of native vegetation and aquifer recharge and
discharge areas.
(2)
A statement of impact upon critical areas and of adverse
impacts which cannot be avoided.
(3)
Environmental protective measures, procedures and
schedules to minimize damage to critical impact areas.
(4)
A list of all licenses, permits and other approvals
required by municipal, county or state law and the status of each.
(5)
A listing of all adverse environmental impacts (especially
irreversible damage) that cannot be avoided.
(6)
An assessment of the environmental impact of the project.
(7)
A listing of steps proposed to minimize environmental
damage to the site and region during construction and operation.
A.
Procedure.
(1)
A final site plan and supporting drawings and documentation
constitute the complete development of the site plan proposal and
become the basis for the construction of the plan and inspection by
the Borough.
(3)
The site plan and any engineering or architectural
documents required shall be in final form and accurate for final approval
and construction.
(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, drainage structures 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 Clerk of the
respective Board or within such further time as may be consented to
by the applicant. A certificate of the failure of the municipal agency
to act shall be issued on request of the applicant, and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval.
A.
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:
B.
The municipal agency may extend such period of protections
for good cause by extensions of one year but not to exceed three extensions.
C.
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.
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.
B.
Whereas preliminary site plan data may have been tentative,
the final data shall be accurate. The following data shall be provided
on the final site plan:
Standards pertaining to site plan improvements
for roads, storm drainage, curbs, off-street parking, etc., shall
be as required below:
A.
Minor street, cul-de-sac or off-street parking area
and aisles.
|
Aspect of Construction
|
Width, Slope or Other Requirement
|
|---|---|
|
Right-of-way width
|
50 feet
|
|
Pavement width
|
26 feet
|
|
Riding lane width
|
13 feet
|
|
Slope of pavement
|
2% from center line
|
|
Curbing (see Subsection C)
|
9-x-20-inch concrete curb or granite block curb
on grades of 6% or more
|
|
Pavement
|
1 1/2 inches FABC-1
|
|
Base course
|
3-inch bituminous stabilized base
|
|
Subbase
|
4-inch gravel subbase, Type 2, Class A or B
|
|
Earth berm width
|
5 feet
|
|
Earth berm slope
|
2% toward curb
|
|
Cut slope in earth
|
2:1
|
|
Cut slope in rock
|
1:4
|
|
Fill slope 0-5 feet
|
4:1
|
|
Fill slope 5 feet and over
|
2:1
|
|
Topsoiling depth on berms and earth slopes
|
4 inches
|
|
Seeding type on slopes under 5 feet
|
Type A
|
|
Seeding type on slopes over 5 feet
|
Type E
|
|
Design speed
|
30 miles per hour
|
|
Maximum grade/minimum grade
|
12%/0.5%
|
B.
Storm drainage.
(1)
A preliminary grading and drainage system plan, drainage
calculations and drainage structure details shall be part of the preliminary
site plan. The drainage improvements shall provide for an adequate
system of drainage structures to carry off and store or discharge
the stormwater runoff and natural drainage water which originates
not only within the property boundaries. The storm frequency period
shall be determined by the Borough Engineer.
(2)
Drainage structures which are located on state or
County highway rights-of-way shall be approved by the State or County
Highway Engineer's office, and a letter from that office indicating
such approval shall be directed to the Chairman of the Board and shall
be received prior to the final plat approval.
(3)
The public improvement and utility plans and profiles
shall show the final drainage plan and street profiles. They shall
be prepared and submitted with the final plat after the approval of
the preliminary plat and drainage plan.
(4)
No stormwater runoff or natural drainage water shall
be so diverted as to overload existing drainage systems or create
flooding or the need for additional drainage structures on other private
properties or public lands without proper and approved provisions
being made for taking care of these conditions.
(5)
Storm sewers and culverts shall consist of sections
of reinforced concrete pipe or bituminous-coated corrugated metal
pipe. The minimum pipe size shall be fifteen-inch diameter. All pipe
shall comply with the requirements of the New Jersey State Department
of Transportation Standard Specifications for Road and Bridge Construction.
Maximum distance between inlets shall be 400 feet.
C.
Curbs, gutters and catch basins.
(1)
Curbs, gutters and catch basins shall be adequate
to handle the maximum water runoff from tributary lands.
(2)
Concrete curbs and gutters shall be constructed in
accordance with New Jersey State Highway Specifications for Curbs
and Gutters, as amended or as modified by the Borough engineering
standards.
(3)
The concrete to be used for curbs and gutters shall
be Class B concrete as specified in the New Jersey State Highway Specifications
for Curbs and Gutters.
(4)
The curb shall be laid in a workmanlike manner as
directed by the Borough Engineer.
(5)
The curb at all delivery openings shall be depressed
at the front of the curb to a point 1 1/2 inches above the finished
pavement.
(6)
The rear top corner of this curb shall have a radius
of 1/4 inch and the front top corner shall have a radius of 1 1/2
inches. The depth of the curb shall be 20 inches. The width of the
curb shall be nine inches at the bottom and eight inches at the top.
(7)
Curb openings shall be in such width as shall be determined
by the Borough Engineer.
(8)
Inlet structures and manholes shall conform to the
County of Sussex design standards and shall be constructed in accordance
with the latest edition of the New Jersey State Department of Transportation
Standard Specifications for Road and Bridge Construction and amendments
thereto.
D.
Public utilities.
(1)
Easements shall be at least 15 feet wide and located
in consultation with the companies and municipal departments concerned.
(2)
All public water, fire hydrant, storm sewer and sanitary
sewer mains shall be converted to an approved system where one exists
and installed in accordance with the specifications of the governmental
authority or utility company which has jurisdiction in the area.
(3)
A letter approving such a proposed installation and
containing a statement as to who will carry out the construction,
signed by a responsible official of the utility company or governmental
authority or district which has jurisdiction in the area, shall be
directed to the Chairman of the Planning Board and shall be received
prior to the final plat approval.
E.
Sidewalks. Concrete sidewalks shall be at least four
feet wide and shall be constructed in accordance with the New Jersey
State Highway Department Standard Specifications for Road and Bridge
Construction. Sidewalks shall be located within the street right-of-way
or within sidewalk easements.
F.
Off-street parking requirements.
(1)
The following off-street parking shall be provided
for various uses:
|
Commercial
| |
|
Retail commercial offices, banks and medical
offices
|
1 space per 200 square feet of leasable area
|
|
Hotels and motels
|
1 space per sleeping room
|
|
Funeral homes
|
10 spaces per slumber room
|
|
Restaurants
|
1 space for each 3 seats or 1 space for each
50 square feet of eating area, whichever is greater
|
|
Highway commercial and wholesale stores
|
1 space per 300 square feet of leasable area
|
|
Industrial
| |
|
Warehouses, light industrial
|
1 space per employee or 1 per 1,500 square feet
|
|
Institutional
| |
|
Churches, auditoriums, theaters, assembly halls
|
1 space per 3 seats
|
(2)
Each such parking space shall have an area of not
less than 180 square feet exclusive of access drives or aisles, shall
be a minimum of nine feet in measured perpendicular to the axis of
the length width and shall have adequate provision for ingress and
egress.
(3)
Any building containing more than one use shall meet
the combined parking space requirements for all uses in the building.
Any change in use within a building shall be required to meet the
minimum parking requirements for the new use.
(4)
Where appropriate, because of defined use schedule
separation, parking requirements may be shared, in full or part, if
specifically approved by the Planning Board.
(5)
If it can be clearly demonstrated that because of
the peculiar nature of any use all of the required parking is not
necessary, the Planning Board may permit a reduction in the amount
of parking area to be paved; provided, however, that the entire required
parking area shall be shown on the site plan so that it will be available
in the event future conditions should so require.
(6)
All parking and loading areas shall be graded and
equipped with adequate drainage facilities as approved by the Borough
Engineer.
(7)
All parking and loading spaces shall be appropriately
marked with painted lines.
(8)
Any lighting in connection with off-street parking
shall be so arranged and shielded as to reflect the light downward
away from adjoining streets or properties.
(9)
All parking areas shall provide for adequate ingress
and egress and safe, convenient traffic circulation and the following
minimum standards:
(a)
Any off-street parking area with 40 or less
parking spaces and not exceeding 200 feet in length from the remotest
point to the point of access to a public cartway and which has at
least one hammerhead turnaround at or near the remotest point may
have one means of ingress-egress.
(b)
All other conditions shall require as a minimum
at least two separate means of ingress-egress, with one-way circulation
loops preferred.
(10)
Off-street parking areas shall be used solely for
the parking of passenger automobiles, and no commercial repair work
or service of any kind shall be conducted on the parking lot nor shall
such lots be used for the parking of disabled, dismantled, unoperable
or unregistered vehicles.
(11)
No signs other than "entrance," "exit" or conditions-of-use
signs shall be maintained, such signs not to exceed one square foot
for each face.
(12)
Parking areas shall be enclosed by concrete curbing
six inches above the paved surface or other suitable car stop or bollard
as approved by the Planning Board and, unless otherwise required by
this chapter, located at least five feet from any property line or
nearest structural wall of a building, except that in the commercial
zones, parking areas may be constructed up to the property line which
abuts a parking area on property in the commercial zones, and further
provided that proper access and circulation between the two parking
areas is provided.
(13)
All parking areas shall be designed with service aisles
to meet the following standards:
|
Type of Parking
|
Width of Aisle
(feet)
|
|---|---|
|
Parallel
|
12
|
|
30° angle
|
11
|
|
45° angle
|
13
|
|
60° angle
|
18
|
|
90° angle
|
24
|
(14)
All portions of the property not used for off-street
parking shall be attractively landscaped with grass lawns, trees and
shrubs as approved by the Planning Board.
G.
Off-street loading spaces.
(1)
In all zones, for every building or use requiring
the receipt or distribution in vehicles of materials or merchandise,
there shall be provided on the same property with such building or
use off-street loading spaces in relation to floor area as follows:
|
Floor Area
(square feet)
|
Number of Spaces
|
|---|---|
|
9,999 or less
|
1
|
|
10,000 to 19,999
|
2
|
|
20,000 to 49,999
|
3
|
|
50,000 to 100,000
|
4
|
|
Each additional 100,000 or part thereof
|
1
|
(2)
Each loading space shall be at least 12 feet in width,
30 feet in length and have a fourteen-foot clearance above grade;
provided, however, that the Planning Board may require additional
length of up to 55 feet depending on the length of vehicles using
said space.
(3)
Such space shall be located in the side or rear yard
only, but in no case in a side yard adjoining a street.
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 of 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 not 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 is rejected,
the approving authority may require the obligor to complete such improvements,
and, upon completion, the same procedure of notification as set forth
above in this section shall be followed.
G.
All improvements which will be subject to acceptance
by the Borough Engineer per this section shall be subject to inspection
by the Borough Engineer, who shall be notified by the subdivider at
least 24 hours prior to the start of construction. No underground
installation shall be covered until inspected and approved by the
Borough Engineer. 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 it
would exact undue hardship upon said applicant, the municipal agency
may permit such relief as may be reasonable and within the general
purpose and intent of the rules, regulations and standards herein
established, in which event the municipal agency shall, in its resolution,
set forth its findings of fact and legal conclusions supporting said
action.
Nothing in this chapter precludes a developer
from submitting his preliminary and final site plan as one submission,
provided all requirements of the final site plan shall be adhered
to.
The developer shall undertake construction in
substantial conformance with the approved final site plan if caused
by change of conditions beyond the control of the developer since
the date of final 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 Zoning Ordinance.[1]
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.
[Amended 11-18-1987 by Ord. No. 12-87]
The fees for site plan review are contained § 25-30 of the Branchville Borough Code, a section of the Land Use Procedures chapter.
Upon 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, a written
notice of revocation sent by certified mail by the Zoning Officer
or Construction Official, 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 1-16-2008 by Ord. No. 01-2008]
Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof before a court of competent jurisdiction, be subject to the penalties provided by § 1-15 of this Code.
This chapter shall be construed in para materia
with the Land Use Procedures Ordinance, the Land Subdivision Ordinance
and the Zoning Ordinance of the Borough of Branchville,[1] which ordinances together constitute the land use regulations
of this municipality, and shall be liberally construed to effectuate
the purposes thereof.
