This Part 8 of the Land Use Ordinance of Bridgewater
Township may be cited and referred to as the "Site Plan Ordinance."
No development shall take place within the Township nor shall any land be cleared or altered, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise, be constructed, installed or enlarged, nor shall any building permit, zoning permit, certificate of occupancy or other required permit be issued with respect to any such structure, land or parking area, except in accordance with an approval of such development granted pursuant to this Part 8, unless exempted in accordance with § 126-135.
A.
Single-family and two-family residential structures
and structures and uses incidental thereto permitted as of right under
applicable zoning regulations are exempt from the requirements of
this Part 8.
[Amended 1-4-1979 by Ord. No. 79-1]
B.
The following additional developments are also exempt
from the requirements of this Part 8:
(1)
The construction of a parking area for less than three
vehicles.
(2)
Any structure or use for which a site plan review
application was made to the Planning Board prior to the effective
date of this chapter under municipal ordinances and regulations then
in effect and superseded by this chapter, and that is developed in
accordance with an approval of such application heretofore or hereafter
given by the Planning Board pursuant to said prior ordinances and
regulations.
C.
Temporary structures.
[Added 4-4-2005 by Ord. No. 05-12]
(1)
The following temporary structures are hereby permitted
without the need for Board review and approval:
(a)
Temporary quarters for residential structures
destroyed by flood, fire or similar events.
(b)
Temporary structures for nonresidential uses
where a site plan approval has been granted, but circumstances require
temporary quarters for some of the new functions approved as part
of the site plan. However, there can be no health, safety or welfare
issues affecting the use of the temporary structure.
(2)
A construction permit will not be issued until receipt
of a written confirmation from the Township Engineer and Township
Planner. The Township Engineer and Township Planner shall provide
such confirmation only after receipt of a written recommendation from
the Zoning Officer. The temporary structure must be removed within
one year.
The rules, regulations and standards set forth
in this Part 8 shall be considered the minimum requirements for the
protection of the public health, safety and welfare of the citizens
of the Township. Any action taken by the Planning Board under the
terms of this Part 8 shall give primary consideration to such matters
and to the welfare of the entire community. However, if the applicant
can clearly demonstrate that, because of peculiar conditions pertaining
to his land, the literal enforcement of this Part 8 is impracticable
or will exact undue hardship, the Planning Board may permit such variances
as may be reasonable, within the general purpose and intent of the
rules, regulations and standards established by this Part 8.
[Amended 9-18-1978 by Ord. No. 78-22]
The Planning Director and Township Engineer
may waive the requirements of this Part 8 if the proposed development:
A.
Secured previous site plan approval under the terms
of this Part 8;
B.
Involves normal maintenance or replacement, such as
a new roof, painting, new siding or similar activity; or
C.
Does not affect existing circulation, drainage, building
arrangements, landscaping, buffering, lighting and other considerations
of site plan review.
A.
If the Master Plan or the Official Map provides for
the reservation of designated streets, public drainageways, flood
control basins, parks or other public areas within the proposed development,
before approving a site plan, the Planning Board may further require
that such streets, ways, basins or areas be shown on the plan in locations
and sizes suitable to their intended uses. The Planning Board may
reserve the location and extent of such streets, ways, basins or areas
shown on the plan for a period of one year after the approval of the
final plan or within such further time as may be agreed to by the
developer. Unless during such period or extension thereof the Township
shall have entered into a contract to purchase or instituted condemnation
proceedings according to law for the fee or a lesser interest in the
land comprising such streets, ways, basins or areas, the developer
shall not be bound by such reservations shown on the plan and may
proceed to use such land for private use in accordance with applicable
development regulations. The provisions of this section shall not
apply to the streets and roads, flood control basins or public drainageways
necessitated by the land development and required for final approval.
B.
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use. In such instance, unless a lesser amount has previously
been mutually agreed upon, just compensation shall be deemed to be
the fair market value of an option to purchase the land reserved for
the period of reservation; provided that determination of such fair
market value shall include but not be limited to consideration of
the real property taxes apportioned to the land reserved and prorated
for the period of reservation. The developer shall be compensated
for the reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining site plan approval
caused by the reservation.
