A site plan shall be required for any excavation,
soil moving, or paving, and for any change or intensification of the
use of any building, structure, or land, and for demolition, construction,
alteration, relocation, enlargement, or reconstruction of any structure
or improvement on any lot in any district in the Township, except
as provided herein. No permit shall be issued for any such work unless
approved by the Township Planning Board in accordance with a site
plan that complies with all the applicable requirements of this article
and as set forth in this chapter.
A. Exceptions.
(1) Detached residential dwellings. Subdivision or individual
lot applications for detached one- and two-dwelling-unit buildings
shall be exempt from site plan review and the requirements of this
article.
(2) Maintenance. Maintenance and repair of existing systems
or improvements are specifically exempt from site plan review and
the requirements of this article.
B. Site plan waiver. The Planning Board at its discretion,
may grant a waiver of site plan approval where the proposed improvement
or change in use does not increase the demand for parking, impact
the existing circulation features, increase stormwater runoff, intensify
site lighting, is not in violation of any ordinance provisions, and
does not pose an increased risk to the public health, safety, morals,
or general welfare. Improvements eligible for site plan waivers include
but are not limited to facade changes, freestanding signs, and alterations
that do not increase the square footage or height of the existing
building.
C. Application for site plan waiver. To apply for a waiver
of site plan review, the applicant shall submit sufficient information
to the Planning Board so as to facilitate its decision. The information
shall include, but not necessarily be limited to, a survey or other
suitable map, the date of and copies of any prior site plan approval
affecting the property, a description of the proposed improvement
or change in use, and a statement as to why no site plan review is
necessary.
A. All site plan applications shall be filed with the
Planning Board, or if the Board so designates, the Administrative
Officer, for determination of administrative completeness pursuant
to the duly adopted checklist. The Planning Board, or such designee,
shall also determine whether the application is to be classified as
a major or minor site plan.
B. The Board, or its designee, shall classify all site
plans as either major or minor according to the following criteria.
If determined to be a minor site plan, public notice and public hearing
shall not be required. Approval of a minor site plan shall be deemed
final approval, and such approval may, at the discretion of the Board,
be conditioned pursuant to N.J.S.A. 40:55D-l et seq. In order to be
classified as a minor site plan, an application must meet all of the
following criteria:
(1) The proposed development does not involve a planned
residential development.
(2) The proposed development does not involve any new
street or any off-tract improvement which is to be prorated pursuant
to N.J.S.A. 40:55D-l et seq.
(3) No more than 2,000 square feet of land will be disturbed.
(4) The floor area of any proposed addition to a structure
will not exceed 20% of the floor area of the existing structure.
(5) The proposed development will not alter the site's
vehicular ingress, egress, or traffic circulation pattern.
(6) The proposed improvements do not require changes to
exterior light fixtures that will substantively alter the intensity
or configuration of the site lighting pattern.
A. The Planning Board, or if the Board so designates,
the Administrative Officer, shall determine within 45 days of filing
of an application, whether the application is complete and shall notify
the developer, in writing, of any deficiencies within such time. The
Planning Board may waive submission of any required exhibits in appropriate
cases and for specific site plans. Requests for such waiver(s) shall
accompany a site plan application, stating the reasons why such waiver(s)
is requested.
B. A complete application shall contain sufficient information
so as to allow the Board to determine whether the requirements for
minor site plan approval have been met. In addition, a complete minor
site plan application shall contain those items required in the checklist.
C. Minor site plan approval shall be granted or denied
within 45 days of the day the application is deemed complete, or within
such further time as may be consented to by the applicant. Any minor
site plan application that includes a request for variance relief
shall be acted upon within 120 days of the day it is deemed complete,
or within such further time as may be consented to by the applicant.
Failure of the Board to act within this period shall constitute minor
site plan approval. Developer's agreements are not required in conjunction
with any minor site plan approval.
D. The zoning requirements and general terms and conditions
upon which minor site plan approval was granted, whether conditional
or otherwise, shall not be changed for a period of two years after
the date of minor site plan approval.
A. Plans for site plan approval shall first be filed with the Planning and Zoning Coordinator. The Planning and Zoning Coordinator shall within five days after receipt of such plans or following any additional length of time as agreed to by the applicant, file said site plans with the Planning Board. For review and recommendation in seeking a variance pursuant to N.J.S.A. 40:55D-70d and §
38-16A(4) of the Code of the Township of Cedar Grove, the Zoning Board of Adjustment may entertain and grant site plan applications and approvals to the same extent and subject to the same restrictions as the Planning Board.
B. The site plan and any engineering documents to be
submitted shall be required in tentative form for discussion purposes
for preliminary approval. If any architectural plans are required
to be submitted for site plan approval, the preliminary plans and
elevations shall be sufficient. If an application for development
is found to be incomplete, the developer shall be notified thereof
within 45 days of the submission of such applications, or it shall
be deemed to be properly submitted.
C. For a site plan for 10 acres of land or less, the
Planning Board shall grant or deny preliminary approval within 45
days of the date the application is deemed complete, or within such
further time as may be consented to by the developer. For a site plan
of more than 10 acres, the Planning Board shall grant or deny preliminary
approval within 95 days of the date the application is deemed complete,
or within such further time as may be consented to by the developer.
Otherwise the Planning Board shall be deemed to have granted preliminary
approval of the site plan.
D. If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the developer than have
been the subject of a hearing, an amended application for development
shall be submitted and proceeded upon, as in the case of the original
application for development.
E. If all the information and submission requirements
of this article have been submitted and satisfied, the Planning Board
shall schedule a public hearing thereon. Following the public hearing,
the Planning Board shall, by resolution, grant preliminary approval
of the site plan, grant preliminary approval of the site plan with
modifications, or disapprove the site plan and shall notify the applicant
of its decision and the reasons therefor. If the proposed development
complies with this chapter, the Planning Board shall grant preliminary
site plan approval.
A. The Planning Board shall grant final approval if the
detailed drawings, specifications, and estimates of the application
for final approval conform to the standards established for final
approval and the conditions of preliminary approval.
B. Final approval shall be granted or denied within 45
days after the application is deemed complete, or within such further
time as may be consented to by the applicant. Failure of the Planning
Board to act within the period prescribed shall constitute final approval
and a certificate of the Administrative Officer as to the failure
of the Planning Board 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 herein required.
C. Whenever review or approval of the application by
the County Planning Board is required by Section 8 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.6), the Municipal Planning Board 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.
D. Should an applicant desire to make changes to a duly
approved site plan, the procedure as set forth herein above shall
be followed.
No application for a site plan approval shall
be granted unless the Planning Board shall find that the proposed
development will adequately address each of the following considerations:
A. Consistency of the layout or arrangement of the land
development with the requirements of this chapter.
B. Streets in the land development of sufficient width,
suitable grade, and configuration to accommodate prospective traffic,
provide access for fire-fighting and emergency equipment, and provide
a convenient layout consistent with the Official Map and the circulation
element of the Master Plan, if any. No street of a width greater than
50 feet within the right-of-way lines shall be required unless said
street constitutes an extension of any existing street of the greater
width, or already has been shown on the Master Plan at the greater
width, or already has been shown in greater width on the Official
Map.
C. Adequacy of water supply, sewerage facilities, drainage,
shade trees, and other utilities necessary for essential services
to residents and occupants.
D. Adherence to the requirements of Chapter
140, Flood Damage Prevention, pertinent to lands designated as subject to flooding pursuant to N.J.S.A. 40:55D-65e to avoid danger to life or property.
E. Protection and conservation of soils from erosion by wind or water from excavation or grading. When the activities proposed include the movement of soil as defined in Chapter
226, Soil Removal, the applicant shall provide all information required pursuant to Chapter
226, and shall demonstrate compliance with the standards and requirements set forth therein.
F. Compliance with Township standards and specifications
governing the design of site improvements including grading, improvement
and construction of streets, drives, and walkways, curbs, gutters,
streetlights, shade trees, fire hydrants, water, drainage and sewerage
facilities, and other improvements as shall be found necessary, and
provisions ensuring that such facilities shall be completed either
prior to or subsequent to final approval of the site plan.
G. Provisions for off-tract water, sewer, drainage, and
street improvements which are necessitated by a land development,
subject to the provisions of N.J.S.A. 40:55D-42.
H. Preservation of existing natural resources on the
site.
I. Safe and efficient vehicular and pedestrian circulation,
parking and loading.
J. Screening, landscaping, site lighting, signage, and
location of structures.
K. Conformity with provisions and standards of Chapter
146, Article
III, Recycling, applicable municipal and county access management codes, the State Highway Access Management Act [P.L. 1989, c. 32 (N.J.S.A. 27:7-91)], and public safety regulations concerning stormwater detention facilities.
L. Inclusion of facilities for collection and storage
of source separated recyclable materials in new multifamily housing
developments pursuant to applicable requirements of the Department
of Environmental Protection and the Department of Community Affairs.
All site plans and supporting documents informally
or formally presented shall comply with requirements hereinafter set
forth and shall contain the following information and data pursuant
to their classification as either a minor or major site plan.
A. Eighteen copies of the application form inclusive
of a brief description of the project and the proposed use or uses
of the land and buildings, the site plan checklist, the landscape
plan checklist, the environmental questionnaire, and the required
fees.
B. Eighteen copies of the site plan of a size in conformity
with the requirements of the New Jersey Map Filing Law, but not exceeding
24 by 36 inches. Plans shall be folded with the title block revealed.
All information appearing shall be legible and the scale of the drawing
shall not be less than one inch equals 50 feet. All boundary distances
shall be in feet and decimals of a foot, and all bearings shall be
given to the nearest 10 seconds. The error of closure shall not exceed
one to 10,000.
C. Project title, names and addresses of applicant(s)
and owner(s) of record, North arrow, scale, Tax Map block and lot
numbers, name, title, address and license number of professional(s)
who prepared the plan, plan preparation date and the date(s) of any
subsequent revisions, and signature block for the Chairman and Secretary
of the Board and the Township Engineer.
D. An area map, showing the zone in which the property
in question is located, and the zone district of adjoining properties
and all properties within a two-hundred foot radius of the property
in question, including Tax Map lot and block numbers and owners. Said
area map may be drawn at a scale of one inch equals 400 feet.
E. The entire property in question, even though only
a portion of said property may be involved in the site plan; provided,
however, that where it is physically impossible to show the entire
property on the required sheet, multiple equally sized sheets may
be submitted, together with a key map.
F. The location of all existing watercourses, wooded
areas and major trees, easements, rights-of-way, streets, roads, highways,
utilities, railroads, rivers, buildings, structures, or any other
features having an effect on the use of the subject property whether
directly on the tract or off-tract.
G. The location of existing buildings, whether proposed
to remain or be removed, or partially removed. The outline of buildings
to be removed shall be indicated by a dashed line and those that are
to remain shall be shaded.
H. Lot acreage to the nearest tenth and the location
and ground area of each proposed building, sign, structure or any
other land use.
I. The location and design of off-street parking areas
and loading areas, showing the size, number, and configuration of
parking spaces, the traffic circulation plan, and the size and location
of bays, aisles, and barriers, in accordance with standards set forth
herein.
J. All means of vehicular access and egress to and from
the site onto public streets, showing size and location of driveways,
curb cuts, and sidewalks.
K. The location and design of landscaping including planting
plan, buffer areas, and screening devices.
L. All lot lines, setbacks, and yard dimensions, and
for applications including signs, details including the proposed materials,
lighting if any, dimensions, sizes, and setbacks applicable to such
signs.
[Amended 4-21-2003 by Ord. No. 03-589]
M. A zoning comparison chart listing the standards of
the Schedule of Requirements table for the district in which the property
is located and providing the figures for each standard, as they are
proposed within the site plan application.
N. Existing contours shall be indicated by dashed lines
at intervals of two feet where slopes are less than 5% and at intervals
of five feet where slopes are 5% or more and shall refer to United
States Coast and Geodetic Survey datum where possible, or to assumed
datum as provided and/or approved by the Township Engineer. Where
any changes in contours are proposed, finished grades should be shown
as solid lines.
O. The finished floor elevations of existing structures
and all proposed new structures to be erected on the property. Spot
elevations at all building corners shall also be provided.
P. Preliminary architectural plans for the proposed building
addition or structure, indicating typical floor plans, elevations,
height and general design and architectural styling.
Q. Copies of the application, when same is required,
to the Essex County Planning Board for approval of the site plan.
R. The applicant shall supply certification from the
Township Tax Collector that all property taxes and assessments are
paid and current.
S. 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 the ordinances of
the Township and all other general laws.
In addition to those items required for minor
site plans above, the following are to be provided:
A. The names of all owners of record of all properties
within 200 feet of the subject parcel(s) as they appear on the Tax
List prepared by the Township Tax Assessor and the block and lot numbers
of the properties.
B. A copy of any covenants or deed restrictions that
are intended to cover all or any part of the tract.
C. A written description of the proposed operations in
sufficient detail to indicate the effects of the operation in producing
traffic congestion, noise, glare, air pollution, fire hazards or safety
hazards; in addition, a description of the proposed number of shifts,
if shift-work operation is contemplated, together with a projection
of the maximum number of employees per shift or, where shift work
is not contemplated, a projection of the proposed hours of operation
for the commercial use.
D. A survey prepared by a licensed land 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, recreational
areas and other property to be dedicated to public use. The site plan
shall further be accompanied by such other exhibits of an architectural
or planning nature as shall be submitted by the applicant or as shall
be required by the Planning Board pursuant to any ordinance now in
existence or any ordinance hereinafter enacted in the Township.
E. Boundaries of the property, building or setback lines,
and lines of existing streets, lots, reservations, easements, and
areas dedicated to public use.
F. The location of all driveways within 200 feet of the
subject property.
G. The proposed location of lighting, direction of illumination
and amount of illumination, expressed in average horizontal footcandles,
in conformance with applicable standards of the Township.
H. Proposed stormwater drainage system, including off-site
drainage, in conformance with the applicable standards of the Township.
I. The location, size, and type of existing natural features,
including trees having a caliper of four inches or more. The location,
size, and type of proposed landscaping improvements, including seeded
or sodded areas, planting areas of trees and shrubs and natural features
to be preserved.
J. A determination of the presence/absence of wetlands
on the subject property, certified by a professional qualified to
provide such determination. In the event wetlands are present on the
property, a delineation of same, if available, or the general location
and size as determined at the time of the application, and proof of
submission to the appropriate state regulatory agency, as applicable,
of a request for letter of interpretation.
K. In the event the application for development entails the moving of 300 cubic yards or more, of soil, the applicant shall provide all information required for submission of a soil moving permit application, under Chapter
226 of the Township Code, and such information shall coincide with that required for a major or a minor soil moving permit, depending upon the volume of soil moving in question.
L. In addition to the foregoing requirements, any applicant
seeking approval of a site plan of 10 acres or more shall furnish
the following information:
(1)
Existing school, zoning and special district
boundaries and the approximate location of all buildings and the pertinent
topography within a radius of 200 feet of the premises in question.
Such features shall be shown on a separate map or as a key map on
a special detailed map itself.
(2)
The location of all existing structures, such
as walls, fences, culverts, bridges, and roadways, with spot elevations
of such structures. The outline of structures to be removed shall
be indicated by a dashed line, and those that are to remain shall
be shaded.
(3)
Approximate location of all storm drainage structures
and utility lines, with grades and direction of flow, and, if any
existing utility lines are underground, the estimated location of
said lines shall be shown. The approximate location of hydrant or
fire stations within 600 feet of the premises shall be indicated in
a written notation on the maps submitted.
(4)
All proposed easements and public and community
areas, all proposed streets, together with profiles including grade
of said streets and cross sections showing width of roadways, location
and width of sidewalks and location and size of utility lines. All
proposed streets, sidewalks and utility lines and on- and off-site
drainage facilities shall be constructed in accordance with the standards
and specifications established by this chapter and/or such other ordinances
of the Township establishing such standards and specifications.
(5)
The location of all proposed waterlines, valves
and hydrants and of all sewer lines or alternative means of water
supply or sewage disposal and treatment.
M. Architectural details to accurately reflect the scale,
proportion, elevations, style and character of proposed buildings
and structures. Information shall include proposed building materials
and facade finishes, roofing plans, fenestration, decorative or accent
trim, awnings, overhangs, porches, and any wall-mounted light fixtures
or signs.
[Added 4-21-2003 by Ord. No. 03-589]
N. 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 the ordinances of
the Township and all other general laws.
Such parcel mapping data and information as
may feasibly be provided in a digitized format or in a format allowing
for conversion to a digitized format (i.e., state plane coordinates)
for integration and manipulation under Geographic Information Systems
(GIS) technology.
A. Preliminary approval of a site plan pursuant to this article shall, except as provided in Subsection
B of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1) That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs
and sidewalks; lot size; yard dimensions and off-tract improvements;
and any requirements peculiar to site plan approval pursuant to this
article, except that nothing herein shall be construed to prevent
the municipality from modifying by ordinance such general terms and
conditions of preliminary approval as relate to public health and
safety.
(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 applicant may apply for and the Planning
Board may grant extensions on such preliminary approval for an additional
period 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 may govern.
B. In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection
A(1),
(2) and
(3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions, and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
A. The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
pursuant to this article, whether conditionally or otherwise, shall
not be changed for a period of two years after the date of final approval.
If the developer has followed the standards prescribed for final approval,
the Planning Board may extend such period of protection for an extension
of one year but not to exceed three such extensions. Notwithstanding
any other provisions of this chapter, the granting of final approval
terminates the time period of preliminary approval pursuant to this
article.
B. In the case of a site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection
A of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions, and the comprehensiveness of the development.
To any extent not specifically provided herein, the procedures for site plan review before the Planning Board or Zoning Board of Adjustment shall be those set forth in Chapter
38, Land Use Procedures, and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
For purposes of this section, the term "public
improvements" shall include streets, grading, pavement, gutters, curbs,
sidewalks, streetlighting, shade trees, surveyor's monuments, water
mains, culverts, storm sewers, sanitary sewers, drainage structures,
erosion and sedimentation control devices, and public improvements
of open space.
Subsequent to every final approval of a site
plan application requiring the installation, expansion, or modification
of any on-tract public improvements, and prior to any land disturbance
or construction on the property which is the subject of same, the
developer shall enter into a developer's agreement with the Township.
Such agreement shall be authorized by the governing body and shall
require installation and maintenance by the developer and its successors
in interest, of the public improvements, imposing such limitations
upon the development of the site as are necessary to ensure proper
construction of the public improvements, and assuring the installation
of said improvements on or before an agreed date by filing of a performance
guarantee as stipulated herein.
The Township Engineer shall prepare an itemized
cost estimate of the improvements covered by the performance guarantee
including the cost to the Township to undertake and complete such
installations, if necessary. The performance guarantee shall be payable
and deposited to the Township in an amount equal to 100% of the Township
Engineer's estimated cost, and shall be in the form of cash, irrevocable
letter of credit, certified check, or a surety. The Township Engineer's
estimate shall be appended to each performance guarantee posted by
the obligor. 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 guarantee
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required by the Township.
A. At least 10% of the amount of the approved performance
guarantee shall be deposited by the developer in cash with the Township.
The remaining 90% may be in cash, irrevocable letter of credit, or
surety bond. In the event of a default, the 10% required cash deposit
may be applied first to the completion of the required improvements
and any bidding and legal costs associated therewith, and the remaining
90% portion may thereafter be resorted to, if necessary, for the completion
of the required improvements and any additional bidding and legal
costs associated therewith.
B. An irrevocable letter of credit shall be acceptable
if it:
(1)
Constitutes an unconditional payment obligation
of the issuer running solely to the Township for an express initial
period of time in the amount prescribed;
(2)
Is issued by a banking or savings institution
authorized to do so and doing business in this state;
(3)
Is for a period of time of at least one year;
and
(4)
Permits the municipality to draw upon the letter
of credit if the obligor fails to furnish another letter of credit
which complies with the provisions of this section 30 days or more
in advance of the expiration date of the letter of credit, or such
longer period in advance thereof as is stated in the letter of credit.
C. In the case of surety bonds, the developer shall be
the principal and the bond shall be provided by a surety company operating
pursuant to a valid certificate of authority issued pursuant to N.J.S.A.
17:17-1 et seq. Such bond shall be approved as to form by the Township
Attorney and posted with the Township Clerk.
D. The Township shall issue its receipt, as applicable,
for such deposits and shall cause the same to be deposited in the
name of the Township to be retained as security for completion of
all required improvements and to be returned to the applicant on completion
of required work in accordance with the provisions of N.J.S.A. 40:44D-53,
or in the event of a default on the part of the developer, to be used
by the Township to pay the cost and expense of completing all required
improvements.
The Township Council shall have the power to
waive the requirement for a developer's agreement, by resolution,
in the event that it determines the matter is of such a nature that
an agreement is not necessary for purposes of enforcement of the decision
of the municipal agency and the protection of the public health, safety
or welfare.
The Construction Official may issue certificates
of occupancy even though site work required by the Planning Board
under this article remains incomplete, provided that the applicant
for same first deposits with the Construction Official cash, sufficient
in the opinion of the Construction Official to pay the cost of completion
of the required work. When such cash is deposited, the Construction
Official shall obtain from the applicant a written commitment setting
forth the date upon which the applicant shall have completed the required
work and stating that, if the said work is not then so completed,
the Township shall be entitled to complete said work using the cash
deposit to pay for same, returning the unused portion to the applicant
or holding the applicant responsible for any completion costs in excess
of such deposit. On-site inspection fees will be charged for all commercial
and industrial site plan inspections for engineering time in accordance
with N.J.S.A. 40:55D-53.