Conditional uses listed in this Chapter and Chapter
150 and as defined in Section
151-2 are subject to the review procedures specified herein. Review of driveway construction permits shall be considered is a conditional use review.
All subdivisions, as defined in Section
151-2 are subject to the review procedures specified herein.
Review by the Planning and Zoning Board of Adjustment shall be required for site plans as defined in Section
151-2. No construction permit shall be issued for any new structure or for any addition or alternation to an existing structure and no Certificate of Occupancy shall be issued for change of use of an existing structure until the site plan has been reviewed and approved by the Board, except that:
A. A construction permit for a single family detached
dwelling unit or a two-family dwelling unit shall not require site
plan approval.
B. A change of use from one permitted category of nonresidential
use to another permitted category of nonresidential use may not require
site plan approval if:
(1) The Board has certified, in writing, that the existing
site development meets the requirements of this Chapter for the new
use category, and
(2) The new use category does not require an increase
in the number of required parking spaces.
C. Permitted accessory buildings to residential uses
shall not require site plan approval.
D. Building alterations shall not require site plan approval
if the following conditions apply:
(1) There is no change in use;
(2) There are no additional parking spaces required;
(3) No more than 2,500 sq. ft. of additional building
area is proposed;
(4) No variance or design waivers are required;
(5) There is no major change in circulation proposed such
as drive-through windows, ingress or egress drives, changes in internal
circulation, loading or unloading, delivery or pickup of goods and
services, or trash collection; and
(6) There are no major changes in a significant site facility
or improvement such as a drainage facility, buffer or landscaping
features and the like.
(7) The disturbance of ground area is 5,000-sq. ft. or
less.
E. An applicant may elect to file for preliminary and
final site plan approval simultaneously to expedite the review process.
The site plan shall be prepared according to the requirements stipulated
for final approval. Developers electing to by- pass preliminary approval
stage are doing so at the risk of added expense if changes in design
are required.
The applicant shall submit to the Clerk of the
Board no later than 30 days preceding the month of the anticipated
hearing date:
A. The fees in accordance with the Land Use Ordinance
exclusive of any additional fees for a subdivision or site plan application
required in conjunction with the application for Conditional Use Permit.
B. All other items as required for Minor or Major Site
Plan submittal, as the case may be, under the relent sections of the
ordinance.
C. The Clerk of the Board shall assign an application
number. Once an application has been assigned a number, that number
shall appear on all papers, maps, plats or plans, review reports and
other documents for processing in conjunction with the application.
All conditional uses shall require site plan
review and be subject to the same requirements of Minor or Major Site
Plan approval, as the case may be.
In addition to the general requirements of Minor
or Major Site Plan review, as the case may be, the Board shall review
information regarding the number of employees or users of the property
and shall give consideration to all reasonable elements which would
affect the public health, welfare, safety, comfort and convenience
of the community. The uses in their respective districts and each
conditional use shall be considered as an individual case. In all
requests for approval of conditional use, the burden of proof shall
be on the applicant. Prior to making its decision, the Board shall
be satisfied that the conditional use is reasonably necessary for
the convenience of the public in the location proposed.
Major subdivisions shall be those subdivisions
resulting in the creation of five or more lots or not satisfying the
definition of minor subdivision regarding existing street frontage
and extension of municipal utilities.
Major subdivision submission requirements shall
be in accordance with the following:
A. The applicant shall submit to the Clerk of the Board
no later than 21 days preceding the month of the anticipated hearing
date:
(1) The fees in accordance with the Land Use Ordinance;
(2) A signed Escrow Agreement;
(3) 10 copies of the preliminary major plat or plan;
(4) Six completed copies of the appropriate application,
which includes application of any requested design waivers or variances;
(5) Six copies of any applicable checklists attached to
this Chapter with the information required therein, pursuant to N.J.S.A.
40:55D-10.3;
(6) Six copies of any protective covenants, easements
and/or deed restrictions applicable to the subject site, whether recorded
or unrecorded;
(7) Certification from the Township Tax Collector that
taxes are current.
B. The Clerk of the Board shall issue an application
number. Once an application has been assigned a number, that number
shall appear on all papers, maps, plats or plans or other documents
for processing in conjunction with the application. Each preliminary
plat or plan shall be drawn by a professional engineer and/or land
surveyor licensed to practice in the State of New Jersey and shall
bear the signature, seal, license number and telephone number of such
professional; provided, however, that all engineering data shall be
signed and sealed by a professional engineer and all surveying data
shall be signed and sealed by a professional land surveyor.
C. Each submission shall be drawn at an appropriate scale
not less than 1 inch = 100 foot for major subdivision plats and 1
inch = 50 foot for major site plans and shall be submitted on one
of four of the following standard sheet sizes - 8 1/2 inches x 13
inches; 15 inches x 21 inches; 24 inches x 36 inches; or 39 inches
x 42 inches. Larger sheet shall be folded into eighths with the title
block revealed. If more than 1 sheet is required to show the entire
subdivision or site plan, a separate composite map shall be drawn
showing the entire subdivision or site plan and the sheets on which
the various sections are shown, and each detail sheet shall include
a key map showing its relation to the whole tract.
D. In addition, each preliminary major plat or plan shall
show the following information as applicable to a major subdivision
or site plan, unless the municipal reviewing agency determines, upon
request of the applicant, that such information either is unnecessary
or inapplicable to the particular subdivision or site plan and can
be waived:
(1) A key map with north arrow showing the entire tract
and its relation to the surround area, at a scale of 1 inch = no more
than 2,000 feet.
(2) Title block in accordance with the rules governing
title block for Professional Engineers (N.J.S.A. 45:8-36) including:
(a)
Name of subdivision or development, Borough
of Brooklawn, Camden County, with each sheet specifically titled with
appropriately descriptive words;
(b)
Name, title, address and telephone number of
subdivide or developer;
(c)
Name, title, address and telephone number, signature,
seal and license number of the professional or professionals who prepared
that plat or plans;
(d)
Name, title and address of the owner or owners
of record;
(f)
Scale (written and graphic);
(g)
Date of original preparation and of each subsequent
revision thereof and a list of the specific revisions entered on each
sheet; and
(h)
Space of the application number.
(3) Certification that the applicant is the owner of the
land or his properly authorized agent, or that the owner has given
his consent under an option agreement.
(4) If the applicant is a corporation or a partnership,
the names and addresses of all partners, or the names and addresses
of all stockholders owning 10% or more of any class of stock of the
corporation.
(5) Approval signature and date lines for the Chairman
and Secretary in all cases, and the Borough Engineer in the case of
a major subdivision plat to be filed, with the signature block as
required by the Map Filing Law and with the location for signature
placed such that the professional seal may be placed over the signature
when requested.
(6) Acreage figures to the nearest tenth of an acre (both
with and without areas within public rights-of-way).
(7) The names, addresses and lot and block numbers of
all property owners within 200 feet of the extreme limits of the tract
as shown on the most recent tax list prepared by the Clerk of the
reviewing Board.
(8) Existing tax sheet number and existing block and lot
numbers of the lot, or lots, to be subdivided or developed as they
appear on the Borough Tax Map, and proposed block and lot numbers
as provided by the Borough Tax Assessor.
(9) Tract boundary line (heavy solid line). Where a portion
of the tract is to be developed, the site in relation to all remaining
contiguous lands in the applicant's or owner's ownership.
(10)
Zoning districts and lines affecting the tract,
including district names and all area and bulk requirements, with
a comparison to the proposed development.
(11)
Certification from the Borough Tax Collector
that taxes are current.
(12)
The location of natural and man-made features
and improvements both within the tract and within 100 feet of its
boundary.
(13)
The proposed location of all plantings, with
a legend listing the botanical and common names, the sizes at the
time of planting, the total quantity of each plant, and the location
of each plant keyed to the plan or plat. Landscaping and planting
plans shall incorporate the elements set forth in specific sections
of this ordinance regarding landscaping and screening.
(14)
Existing and proposed streams, lakes, ponds,
wetlands and wetland buffer areas accompanied by the following data:
(a)
When a running stream with a drainage of 1/2
square mile or greater is proposed for alteration, improvement or
relocation or when a structure or fill is proposed over, under, in
or along a running stream, evidence of approval, required alternations,
lack of jurisdiction, or denial of the improvement by the New Jersey
Division of Water Policy and Supply shall be supplied.
(b)
Cross-sections and profiles of watercourses
at an approximate scale showing the extent of the flood fringe area,
top of bank, normal water level and bottom elevations at the following
locations:
[1]
At all watercourses within or adjacent to the
development and at any point where a watercourse crosses a boundary
of the development (cross- section and profiles);
[2]
At 50 foot intervals for a distance of 300 feet
upstream and downstream of any existing or proposed culvert bridge
within the development (cross sections).
[3]
At a maximum of 100-foot intervals, but at no
less than 2 locations, along each watercourse which runs through or
adjacent to the development (cross sections).
[4]
When ditches, streams, brook or watercourses
are to be altered, improved or relocated, the method of stabilizing
slopes and measures to control erosion and siltation during construction,
as well as typical sections and profiles shall be shown on the plan
or accompany it.
(c)
The total upstream acreage in the drainage basin
of any watercourse running through of adjacent to a development, including
the distance and average slope upstream to the basin ridge line, where
applicable. For flowing streams, small-scale watershed maps developed
from USGS sheets shall be submitted.
(d)
The total acreage in the drainage basin to the
nearest downstream drainage structure and the acreage in that portion
of the development which drains to the structure, including the distance
and average slope downstream to the structure and final disposition
of the surface waters.
(e)
The location and extent of all existing or proposed
drainage and conservation easements and stream encroachment lines.
(15)
Drainage facilities shall comply with the stormwater
runoff provisions of this Chapter. The location, construction details,
and type of adequate drainage provisions shall be designed to reasonably
reduce and minimize exposure to flood damage Plans and computations
for any storm drainage systems shall include the following:
(a)
A All existing or proposed storm sewer lines,
with plans and profiles, within or adjacent to the tract showing size
and slope of the lines, the pipe material type, the strength class
or thickness, direction of flow and the location of each catch basin,
inlet, manhole, culvert and headwall.
(b)
The location and extent of any proposed dry
wells, groundwater recharge basins, detention basins, detention basins,
flood control devices, sedimentation basins or other water conservation
devices.
(c)
The results of soil borings and percolation
tests performed in any locations listed in Item (b) above.
(d)
A map drawn to scale at a minimum of 1 inch
= 100 feet showing the contributing area to each inlet or cross drain.
(16)
Existing and proposed contours, with intervals
of 2 feet. All contour information shall refer to a known datum. Existing
contours shall be shown as a dashed line, finished grades shall be
shown as a solid line. Existing and proposed contours shall extend
to at least 50 feet beyond the limit of the property. Proposed grading
shall be shown by spot elevations sufficient to stakeout of the site
plan proposals. Slopes 15% or more in grade shall be shaded.
(17)
Soil Test Borings, indicating estimated seasonal
high water table and depth to groundwater and percolation rates shall
be obtained in accordance wit N.J.A.C.7:9-2.1 et seq.; in the location
of all stormwater management detention or retention facilities.
(18)
Existing and proposed street and lot layout
with dimension correct to scale accuracy, showing that portion proposed
for development in relation to the entire tract, and existing lot
lines to be eliminated.
(19)
The location of all existing structures and
their uses, both within the tract and within 100 feet of its boundary,
with an indication of existing and proposed front, rear, side yard
and building setback distances and lines and whether the existing
structures and uses will be retained or removed.
(20)
Size, height and location of all proposed structures
including, but not limited to, signs, fences and lighting facilities,
and of all proposed buildings.
(21)
All dimensions necessary to confirm conformity
to this Chapter, such as the size of the tract to the nearest 0.01
of an acre and any proposed lots to the nearest 0.1 of an acre, the
number of lots being created, structure setbacks, structure heights,
yard areas, existing and proposed building coverage and impervious
lot coverage (both in square feet and as a percentage of the lot area)
and floor area ratios. All tract and lot sizes shall be expressed
in acres and square feet and shall include bearings and distances.
(22)
The proposed locations, angle, height, reflection
and direction of illumination, power and type of proposed outdoor
lighting, including details of lighting poles and luminaries, which
information shall be shown on the plat or plan for each light.
(23)
The existing and proposed screening, buffering
and landscaping, including a landscaping plan, a planting schedule,
areas to be seeded or sodded and existing individual trees with a
diameter of 6 inch or more measured 5 feet above ground level outside
of the wooded areas.
(24)
The location and design of any off-street parking
and loading area, showing size and location of bays, spaces, aisles
and barriers, curbing and paving specifications.
(25)
All means of vehicular access and egress to
and from the site onto public streets, showing the site and the dimension
and location to streets, fire lanes, driveways and curb cuts within
100 feet, including the possible utilization of traffic signals, channelization,
acceleration and deceleration lanes, sight triangle easements, additional
width and other proposed devices necessary to prevent a difficult
traffic situation.
(26)
The location of existing utility structures
such as water and sewer mains, utility structures, gas transmission
lines and high tension power lines on the tract and within 100 feet
of its boundaries.
(27)
Plans and profiles of proposed improvements
and utility layouts including sewers, storm drains and water lines,
and feasible connection to gas, telephone and electrical utility systems.
The plans and profiles of water and sewer layouts, whether on-site,
off-site or off-tract, shall show size and type of pipes and mains,
slope, pumping stations, fire hydrants, standard details and trench
repair details for street crossings. All utilities shall be installed
underground. If private utilities are proposed, they shall comply
fully with all Borough, County, State and Federal regulations. If
service will be provided by an existing utility company, in lieu of
detailed plans, a letter from the company stating that service will
be available before occupancy will be sufficient.
(28)
The method of conveying sanitary sewage and
solid waste disposal shall be shown. Such plans shall be reviewed
by the Sewer Department or Municipal Engineer, as applicable, with
recommendations to the approving authority. All public services shall
be connected to an approved public utilities system where one exists.
(29)
Plans, typical cross sections, grades and construction
details, horizontal and vertical alignments of the center line of
all proposed streets and of all existing streets abutting the tract
within 200 feet. The horizontal scale shall be not less than 1 inch
= 50 feet for all existing and proposed streets. The vertical alignments
shall be based on USGS vertical datum or a more specified datum supplied
by the Board Engineer, and shall include curbing, sidewalks, storm
drainage structures and cross sections every half and full station
of all proposed streets and of all existing streets abutting the tract.
Sight triangles, the radius of curb lines and street sign locations
shall be clearly indicated at the intersections.
(30)
Any protective covenants or deed restrictions
applying to the land being developed shall be submitted with the application
and/or indicated on the submitted plat or plan. All easements acquired
or required on the tract and across adjacent properties shall be shown,
and copies of legal documentation that support the granting of an
easement by an adjoining property owner shall be included.
(31)
The names, locations and width of all existing
and proposed rights-of-way and easements, the use for which they are
intended to be limited, and the manner in which the easements will
be controlled.
(32)
The proposed permanent monuments shall be shown,
in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9 with two
permanent benchmarks based on USGS datum, all elevations to relate
to benchmarks.
(33)
Concerning site plans only, a written description
of the proposed use and operation of the buildings, including emission
of noise, glare, vibration, heat, odor, air and water pollution, safety
hazards, expected truck and tractor trailer traffic and the proposed
number of shifts to be worked, the maximum number of employees on
each shift, and the hours of operation.
(34)
Identification of any lot or area to be reserved
or dedicated to public use, showing all improvements such as landscaping,
grading, walkways, bicycle paths and recreationall facilities.
(35)
A boundary survey by a licensed New Jersey land
surveyor, certified on a date within 6 months of the date of submission.
(36)
A Traffic Impact Statement, if deemed necessary
by the Board.
(37)
A Municipal Services and Utilities Impact Statement
analyzing the probable impacting municipal services, including:
(a)
Feasibility of providing potable water to the
site to meet the required demand for the intended use. Consideration
shall be given to the adequacy of any existing storage and distribution
system.
(b)
Stormwater management calculations.
(c)
Feasibility of conveying the sewage generated
by the proposed development an existing system.
(d)
Police, fire and ambulance services and protection.
(e)
Road and traffic, specifically with reference
to any Borough circulation plan.
(f)
Sanitation and trash disposal.
(g)
Supporting data to show how conclusions were
determined.
(38)
Composite environmental constraints map at the
same scale as the preliminary plat. The applicant shall, from specific
and detailed review of the site and any other available information,
present a plan indicating:
(a)
The features for preservation.
(b)
Features which represent any constraints for
development, generally indicating the area most suitable for development,
the area least suitable for development and various degrees of suitability
between these two extremes.
(39)
All preliminary major subdivision and/or preliminary
major site plan applications shall be accompanied by an Environmental
Impact Statement. The applicant may request a waiver of this requirement,
either in whole or in part, provided that the applicant states in
writing the basis for the waiver request. The Board shall act upon
the requested waiver prior to declaring an application complete.
(40)
Concerning Site Plans only, signed and sealed,
scaled elevations by a licensed New Jersey architect of the front,
side and rear of any structure to be erected or modified, floor plans
and expansion plans incorporated into the building design.
(41)
Evidence that duplicate copies of the application
for major development has been filed with any other agency (including
but not limited to the Camden County Planning and Zoning Board of
Adjustment, Camden County Soil Conservation District) New Jersey Department
of Environmental having jurisdiction over any aspect of the proposed
development.
(42)
A checklist signed by the applicant's engineer/architect/land
surveyor.
(43)
For applications for development proposing to
be served by public water and/or public sewer service, a certification
from the Camden County Municipal Utilities Authorities and Brooklawn
Sewer and Water Department that such public water and/or public sewer
service is available.
(44)
The Board reserves the right to require additional
information before granting preliminary approval when unique circumstances
affect the tract and/or when the application for development poses
special problems for the tract and surrounding area, provided however,
that no such application shall be declared incomplete for the lack
of such additional information.
A final plat or plan shall be submitted to the
Clerk of the Board within three years after the date of the preliminary
approval or any authorized extension thereof. The applicant shall
submit to the Clerk of the Board no later than 30 days preceding the
month of the anticipated hearing date:
A. The fees in accordance with Land Use Ordinance,
B. A signed Escrow Agreement,
C. One Mylar (in the case of subdivisions - 2 Mylar),
1 cloth and 10 paper prints of the final plat,
D. Six completed copies of the appropriate application,
which includes application for any requested design waivers or variances,
E. Six copies of any applicable checklists attached to
this Chapter with the information required therein, pursuant to N.J.S.A.
40:55D-10.3,
F. The application number on all papers, maps, plats,
or plans and other documents for processing in conjunction with the
application.
The following information shall be submitted:
A. All details stipulated in previous section.
B. All additional details, reports or supplements required
at the time of preliminary approval shall be submitted.
C. A section or staging plan, if proposed, indicating
the portion of the tract to be considered for final approval as part
of the current application and the relationship of the portion of
the tract to the remaining land area, including all applicable comparisons
such as parking spaces building coverage, lot coverage, open space
areas and number of lots.
D. Detailed architectural and engineering data including:
(1) An architect's design drawing of each building and
sign or a typical building and sign showing front, side and rear elevations.
(2) Cross sections, plans, profiles and established grades
of all streets, aisles, lanes and driveways, including center line
geometry and horizontal alignments with bearings, radii and tangents.
(3) Plans and profiles of all storm and sanitary sewer
and water mains.
(4) All dimensions of the exterior boundaries of any subdivision
shall be balanced and closed to a precision of 1 to 5,000 and the
dimensions of all lot lines to within 1 to 10,000. All dimensions,
angles and bearings must be tied to at least 1 permanent monument
not less than 300 feet apart and all information shall be indicated
on the plat. At least one corner of a major subdivision shall be tied
horizontally to the New Jersey State Grid Coordinate System and vertically
to the U.S. Geodetic Survey System, with the data on the plat as to
how the bearings were determined.
E. A copy of the signed preliminary plat or plan with
the resolution of approval.
F. Evidence that a duplicate copy of the application
for development has been filed with any other agency (including but
not limited to the Camden County Planning and Zoning Board of Adjustment
and Camden County Soil Conservation District) having jurisdiction
over any aspect of the proposed development.
G. Proposals for soil erosion and sediment control as
required by N.J.S.A. 4:24-39 et seq.
H. The final submission shall be accompanied by the following
documents:
(1) Certification from the Borough Tax Collector that
taxes are current.
(2) A street numbering plan by the Borough Tax Assessor.
(3) Letters directed to the Chairman of the Board and
signed by a responsible official of the lighting agency, water company,
sewer utility and any other company or governmental authority or district
which provides accessory utility service and has jurisdiction in the
area, approving each proposed utility installation design and stating
who will construct the facility so that service will be available
prior to occupancy. The designing engineer(s) shall certify to the
Board that the existing cross-section(s) and profile(s) have been
run in the field and the field notes shall be forwarded to the Borough
Engineer.
I. The applicant shall certify in writing to the Board
that he has:
(1) Installed all improvements in accordance with the
requirements of this Chapter and preliminary and plat approval with
a maintenance guarantee accompanying the final plat; and or
(2) Posted a performance guarantee.
(3) Provided a construction schedule for all improvements
yet to be installed which establishes the scheduling and timing of
installation of all improvements covered by the performance guaranty.
The approved schedule shall be required for the protection of the
interests of the public and residents, occupants and owners of the
proposed development in the total completion of the project. The schedule
shall be a part of the resolution granting final approval, and completion
of the improvements in accordance with the schedule shall be a condition
of approval.
J. A statement from the Borough Engineer that all improvements
installed prior to the final application have been inspected, and
that such improvements installed prior to final application approval
that do not meet or exceed Borough standards shall be factored into
the required performance guarantee.
All conditional uses shall require site plan
review and be subject to the same requirements of Minor or Major Site
Plan approval, as the case may be.
In addition to the general requirements of Minor
or Major Site Plan review, as the case may be, the Board shall review
information regarding the number of employees or users of the property
and shall give due consideration to all reasonable elements which
would affect the public health, welfare, safety, comfort and convenience
of the community. The uses for which conditional use permits are granted
shall be deemed to be permitted uses in their respective districts,
and each conditional use shall be considered as an individual case.
In all requests for approval of conditional use, the burden of proof
shall be on the applicant. Prior to making its decision, the Board
shall be satisfied that the conditional use is reasonably necessary
for the convenience of the public in the location proposed.
The applicant shall submit to the Clerk of the
Board no later than 10 days preceding the month of the anticipated
hearing date:
A. The fees in accordance with the Land Use Ordinance;
B. A signed Escrow Agreement;
C. 10 copies of the minor plat or plan;
D. Six completed copies of the appropriate application,
which includes application for any requested design waivers or variances;
E. Six copies of any applicable checklists attached to
this Chapter with the information required therein, pursuant to N.J.S.A.
40:55D-10.3;
F. Six copies of any protective covenants, easements
and/or deed restrictions applicable to the subject site, whether recorded
or unrecorded;
G. Certification from the Borough Tax Collector that
taxes are current.
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The Clerk of the Board shall assign an application
number. Once an application has been assigned a number, that number
shall appear on all papers, maps, plats, or plans, review reports
and other documents for processing in conjunction with the application.
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A Zoning Permit is required prior to the establishment
of any use of land, change of use of any structure of land, change
in the exterior dimensions of any structure, or construction of a
new structure.
A. An application for a Zoning Permit shall not be deemed
complete unless two copies of a plan showing the exact dimensions
of any structure, or construction of a new structure.
B. A zoning permit shall be granted or denied by Zoning
Official in writing within 20 working days of a complete application
unless additional time is agreed upon in writing by the applicant.
If an application is deemed incomplete by the Zoning Official, the
applicant shall be notified any deficiency, in writing, within 20
working days.
C. One copy of the plan, dated and signed by the Zoning
Official, shall be returned to the applicant together with the Zoning
Permit.
D. When an applicant is denied, the Zoning Official shall
provide the applicant with the reason for the denial in writing.