[Amended 3-11-1980; 12-13-2001 by Ord. No.
2001-21]
A.
Site plan review and approval shall be required as
a condition precedent to the issuance of a permit for any development,
except that individual lot applications for a detached one-family
dwelling unit building shall be exempt from site plan approval.
B.
No use of any kind shall be established, enlarged, extended or changed whatsoever without the owner of the premises having first obtained a zoning permit from the Zoning Officer after favorable review by the Planning Board of a site plan covering the proposed use; provided, however, the owner may seek a waiver of formal site plan review as described in Subsection C below.
C.
Whenever the owner of a property seeks permission
to change the use of one permitted nonresidential use to another permitted
nonresidential use within a similar category of nonresidential uses,
an application may be made to the Zoning Officer an a form approved
by the Planning Board seeking an administrative review of the proposed
change of use and a determination by the Zoning Officer as to whether
or not site plan review is required. The information submitted by
the applicant must be sufficient in detail and scope to enable the
Zoning Officer to make an informed decision as to the nature, quality
and extent of the proposed use change, and any zoning permit issued
as part of the waiver process shall be limited to the use described
in the application. Such waiver may be granted by the Zoning Officer
if he/she is able to make the following determinations:
(1)
Adequate information has been submitted by the applicant
with the consent of the owner of the property to enable the Zoning
Officer to make an informed decision as to the nature, quality and
extent of the existing use and proposed use.
(2)
The existing use is a permitted use in the zone in
which it is located and is in conformity with the Borough Land Use
Ordinance.
(3)
The legality of the existing use does not require
a determination that the existing use is a lawful prior nonconforming
use.
(4)
The proposed use does not include any structural modifications
to the structure or site other than installation of nonbearing interior
walls.
(5)
The proposed use does not require an increase in street
parking or impervious coverage, and will not result in any increased
volume or alteration of drainage flow.
(6)
No additional outside lighting will be required.
(7)
The proposed use does not represent a significant
intensification of use as compared with the existing use, and there
are no other changes which might reasonably require formal site plan
review.
D.
The Zoning Officer may request advice from the Planning
Board Attorney and Engineer, if deemed necessary, and the professional
fees related thereto shall be paid by the owner or applicant, as the
case may be, together with the application fee necessary for this
administrative review.
In the case of a site plan for a development
which proposes construction over a period of years, the developer
shall plan proposed stages so as to protect the interests of the public
and of the residents, occupants and owners of the proposed development
during the total completion of the development.
As a condition for site plan approval, the applicant
must submit proof from the Borough Tax Search Officer or other designated
official that no taxes or assessments for local improvements are due
or delinquent on the property for which the site plan application
is made.
A.
The developer shall submit to the Municipal Clerk, at least 14 days prior to the regularly scheduled meeting of the approving authority, eight copies of a site plan, including the information required by § 194-40C, together with eight copies of a completed application form, and an application fee and a review and inspection fee computed in accordance with Article V. Upon receipt of the application and review and inspection fees, the application shall immediately be forwarded to the Borough Engineer. Seven copies of the site plan and application form shall be promptly forwarded to the Secretary of the Board, who shall retain four copies of each and distribute the remaining three copies to the Board Attorney, the Zoning Officer and the Board Chairman. Where approval is also required by the County Planning Board, one additional copy of the application and supporting maps and documents and one reverse line sepia shall be submitted and forwarded to that Board.
B.
If the application for development is found to be
incomplete, the developer shall be notified thereof by the Borough
Engineer within 45 days of submission of the application to the Borough
Engineer, or it shall be deemed to be properly submitted.
C.
Upon determining that the application has been properly
submitted, the Borough Engineer shall prepare and submit a report
to the Planning Board.
[Amended 12-10-1996 by Ord. No. 96-14]
D.
A hearing shall be scheduled and held not less than
10 days prior to the date that the Board is required to act pursuant
to the terms of this chapter or the Municipal Land Use Law, including
any extensions of time as may be consented to by the developer.
F.
If the Board requires any substantial amendment in
the layout of improvements proposed by the developer that may 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.
G.
Upon submission of the complete application 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 of such submission
or within such further time as may be consented to by the developer.
Upon the submission of a complete application for a site plan for
more than 10 acres, the Planning Board 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 developer. Otherwise, the
Planning Board shall be deemed to have granted preliminary approval
of the site plan. Where the Planning Board considers an application
for a conditional use, its review shall include any required preliminary
site plan review, and the time required for action by the Planning
Board on the conditional use applications shall apply to preliminary
site plan review.
[Amended 12-10-1996 by Ord. No. 96-14]
H.
Preliminary approval of a site plan shall confer upon
the applicant the rights set forth in N.J.S.A. 40:55D-49 for a period
of three years, except as provided in N.J.S.A. 40:55D-49d for an area
of 50 acres or more.
A.
The developer shall submit to the Municipal Clerk eight copies of a final site plan, including the information required by § 194-40C, together with eight copies of the completed application, eight copies of the site plan and an application fee pursuant to Article V, § 194-18. The application form shall be promptly forwarded to the Secretary of the Board, who shall make distribution of the same in accordance with the provisions of § 194-36A. Upon determining that the application has been properly submitted, the Borough Engineer shall prepare and submit a report to the Planning Board. Where County Planning Board approval is required, additional pages must be submitted as in § 194-36A.
[Amended 12-10-1996 by Ord. No. 96-14]
B.
Final approval of the site plan shall be granted if
the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by this chapter
for final approval and the conditions of preliminary approval, if
any, provided that minimal deviations may be permitted from the conditions
of preliminary approval necessitated by change of conditions beyond
the control of the developer since the date of preliminary approval
without the developer being required to submit another application
for development for preliminary approval.
C.
Final approval shall be granted or denied within 45
days after submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. Failure to act within the period prescribed shall constitute
final approval.
The Board, when acting upon an application for
site plan approval, shall have the power to grant such exceptions
from the requirements of site plan approval as may be reasonable and
within the general purpose and intent of the provisions for site plan
review if the literal enforcement of one or more provisions of this
chapter is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
The Planning Board shall have the power to review
and approve or deny site plans simultaneously with review for subdivision
approval without the developer being required to make further application
to the Planning Board or the Planning Board being required to hold
further hearings.
B.
Sketch plan review. In keeping with the above intent,
prospective developers are hereby encouraged, but not required, to
informally submit preliminary sketches, reports and/or proposals for
development to the Board for review and discussion (at duly constituted
regular or special Board meetings). The following of such informal
procedure shall not prejudice the developer's right to proceed subsequently
as an applicant otherwise pursuant to the requirements of this chapter.
C.
Preliminary site plan requirements.
(1)
An application for preliminary site plan shall reflect the review and design guidelines in § 194-41 hereof.
(2)
The preliminary site plan shall be drawn at a scale
in accordance with the following table:
|
Area of Site
(acres)
|
Minimum Scale
| |
|---|---|---|
|
Less than 40
|
1 inch = 100 feet
| |
|
Over 40
|
1 inch = 200 feet
|
(3)
The plan shall include the following data:
(a)
The name and address of the applicant and the
owner and the name, address and title of the person preparing the
plan and maps, including appropriate map titles and accompanying data.
(b)
The acreage, Municipal Tax Map lot and block
numbers and tax sheet numbers of the lot or lots.
(c)
A key location map showing the site and its
relationship to surrounding areas, and zone boundaries within a minimum
of 1/4 mile.
(d)
A date, graphic scale and North arrow.
(e)
All existing, proposed and minimum required
setback dimensions, landscaped areas, fencing and trees over four
inches in diameter, except that where trees are in mass, only the
limits thereof if proposed to remain need be shown, or if proposed
for removal, only trees over nine inches in diameter need be shown.
(f)
All existing and proposed signs, utility poles
and their size, typo of construction and location.
(g)
The existing and proposed principal building
or structure and all accessory buildings or structures, if any, approximate
floor areas of said buildings and approximate finished grade elevations
at all corners of said buildings.
(h)
The location of all existing buildings, drainage
and parking areas within 200 feet of the lot.
(i)
Existing topography depicted by contours at
two-foot intervals based upon New Jersey Geodetic Control Survey datum
and a general indication of proposed grading.
(j)
The approximate location and size of all existing
and proposed storm drainage facilities, plus all required preliminary
design data supporting the adequacy of the existing or proposed facility
to handle future storm flows and analysis of the capacity of the facility
into which the stormwater will flow.
(k)
An analysis of all existing and proposed utilities
and an analysis of the capacity of the existing utilities to accept
the proposed facility.
(l)
The location of all existing and proposed sidewalks,
driveways, fences, retaining walls, parking space areas and the layouts
thereof, and all off-street loading areas, together with the dimensions
of all the foregoing on the site in question and within 100 feet of
said site.
(m)
The estimated average number of automobiles
and number and size or type of trucks or buses that will enter and
leave the site each day and during the peak hours, including an analysis
of the ability of the existing road system to accept the additional
traffic volume.
(n)
The location, size and nature of all existing
and proposed rights-of-way, easements and other encumbrances which
may affect the lot or lots in question, and the location, size and
description of any lands to be dedicated to the Borough or to the
county.
(o)
The location, size and nature of the entire
lot or lots in question, and any contiguous lots owned by the applicant
or in which the applicant has a direct or indirect interest, even
though only a portion of the entire property is involved in the site
plan for which approval is sought; provided, however, that where it
is physically impossible to show such entire lot or lots or contiguous
lots on one map, a key map thereof shall be submitted.
(p)
Plans and profiles of streets adjoining the
property for a distance of 500 feet in either direction, including
the location of driveways and intersecting streets and an indication
of the maximum available sight distance.
(q)
General nature and extent of proposed site lighting.
(r)
The method of sewage disposal and water supply
and preliminary design thereof.
(s)
Proposed stages or development sections, if
any, and the approximate schedule for implementing each stage or section.
(4)
The plans shall be prepared by a professional engineer
licensed to practice in New Jersey.
D.
Final site plan requirements.
(1)
An application for final site plan shall be substantially the same as the approved preliminary site plan or a stage or section thereof; however, it shall show final and detailed design and engineering which shall be designed in accordance with the review and design guidelines in §§ 194-41 and 194-42 hereof.
(2)
The site plan shall be drawn at a scale not less than
one inch equals 50 feet and not greater than one inch equals 10 feet;
except that for land development plans that will require more than
one sheet at this scale, a key map shall be included to show the entire
tract and the detail sheet which shows each segment thereof.
(3)
The plan shall include or be accompanied by the following
data:
(a)
The name and address of the applicant and the
owner and the name, address and title of the person preparing the
plan or, maps, including appropriate map and titles and accompanying
data.
(b)
Affidavit of the owner and other parties in
interest that the site plan is submitted with their knowledge and
consent.
(c)
The Municipal Tax Map lot and block numbers
of the lot or lots.
(d)
A key location map showing the site and its
relationship to surrounding areas, and zone boundaries within a minimum
of 1/4 mile.
(e)
The names of all adjoining owners.
(f)
A date, graphic scale, North arrow and reference
meridian on any map.
(g)
The zone district in which the lot or lots are
located, together with a delineation of the yard setback lines required
in the zone district.
(h)
An accurate boundary survey prepared and certified
by a New Jersey licensed land surveyor. The survey shall be based
on a field traverse with an error of closure of not less than one
part in 10,000.
(i)
The as-built principal building, improvements,
structures and all accessory buildings and structures, if any, and
finished grade elevations of all first floors and roofs, including
roof structures.
(j)
Architectural floor plans for each floor of
the building or structure and elevations from all principal exposures
of all buildings or structures on the sites, but not fewer than four,
with the name, address and registration number of the licensed architect
preparing the plans.
(k)
Final topography of the lot with a maximum of
two-foot contour intervals.
(l)
All setback dimensions and minimum setback lines, fences and landscaped areas and trees as required by Subsection C(3)(e).
(m)
A final landscape and planting plan. As a minimum,
such plan shall spot the location of all existing plantings and shall
contain a schedule, keyed to the plantings shown, calling out the
type (common name and botanical name), size (height, spread and trunk
diameter) at time of planting and quantity of all plantings shown
on the plan.
(n)
All existing as-built signs and lighting standards,
including design calculation and indications of size, type of construction
and location.
(o)
The location, type and size of all existing
catch basins and storm drainage facilities with profiles thereof.
(p)
The location, type and size of all existing
curbs, sidewalks, driveways, fences, retaining walls, parking space
areas and the layouts thereof, and all off-street loading areas, together
with the dimensions of all the foregoing on the site in question and
within 100 feet of said site.
(q)
The location, size and nature of all existing
rights-of-way, easements and other encumbrances which may affect the
lot or lots in question and the location, size and description of
any lands to be dedicated to the Borough or to the county or other
agency.
(r)
The location and size of all sanitary sewer
lines and profiles thereof.
(s)
Location, size and type of all utility lines
and structures, including but not limited to telephone, electric,
water, sanitary sewer, gas and CATV, and letters from each that the
facilities are adequate to serve the site development.
(t)
The location, size and nature of remaining lands
or contiguous lots in which the applicant has a direct interest.
(u)
All proposed easements and public and community
access.
(v)
The location, size and type of all constructed
off-site improvements.
(w)
All points of vehicular ingress and egress for
the site, indicating the size of driveways and sight triangles.
(x)
Provision for refuse and garbage disposal.
(y)
Location of all points in pedestrian access,
including internal circulation patterns.
(z)
Location and design of all fire prevention measures,
including emergency lanes, hydrants, sprinkler and siamese connections
and fire zones.
(aa)
The number of units and number of tenants, employees,
customers or occupants of each unit and a summary of the total number
of each expected to be on the site each day.
(bb)
The location of any feature directly on the
property and beyond the property, if such feature has an effect on
the use of said property.
(cc)
As-built construction details of all site improvements.
(dd)
Such information or data as may be required
by the Board in order to determine that the details of the site plan
are in accord with the standards of the ordinances of the Borough
and preliminary approval.
(ee)
A complete list of the site improvements, except
principal and accessory buildings, by item, and the quantities thereof,
as built.
(ff)
Copies of all applicable local, state and federal
approvals that were required by law.
(4)
The plan shall be prepared and signed by a professional
engineer licensed in New Jersey except for certification by other
licensed professionals as required by this chapter or New Jersey law.
E.
In addition to such requirements as may be enumerated above, all
applications for preliminary and/or final site plan approval shall
contain such information and details as required in the administrative
and applicable technical checklists as provided in Schedule II, Checklists,
as incorporated at the end of this chapter, for the purpose of completeness
of the application, subject to such waivers as the Planning Board,
in its discretion, shall permit.
[Added 9-10-2015 by Ord.
No. 2015-10]
A.
General design considerations. The following shall
constitute the general design considerations for site plans which
shall be adhered to by the applicant in preparation of site plans:
(1)
Preservation of landscape. Landscape shall be preserved
in its natural state, insofar as practicable, by minimizing tree and
soil removal, and any grade changes shall be in keeping with the general
appearance of the neighboring developed areas. Adequate shade trees
shall be provided.
(2)
Relation of proposed buildings to environment. The
proposed structure shall be related harmoniously to the land form
(either natural or man-made) and to existing buildings in the vicinity
that have a visual relationship to the proposed buildings. The achievement
of such relationship may include the enclosure of space in conjunction
with other buildings or other proposed buildings and the creation
of focal points with respect to avenues of approach, terrain features
or other buildings.
(3)
Drives, parking and circulation. With respect to vehicular
and pedestrian circulation, including walkways, interior drives and
parking, special attention shall be given to location and number of
access points to the public streets, width of interior drives and
access points, general interior circulation, separation of vehicular
and pedestrian traffic and arrangement of parking areas that are safe
and convenient and, insofar as practicable, do not detract from the
design of proposed buildings and structures and the neighboring properties.
Streets shall be of sufficient width and suitable grade and suitably
located to accommodate prospective traffic and to provide access for
fire-fighting and emergency equipment to buildings and coordinated
so as to compose a convenient system consistent with the circulation
element of the Master Plan.
(4)
Surface water drainage. Special attention shall be
given to proper site for stormwater detention and surface drainage
so that the surface water will not adversely affect neighboring properties
or the public storm drainage system. As much as possible, and except
as may be modified by a stormwater management ordinance, surface runoff
waters from the premises should not be caused by the proposed development
to exceed within any storm period the peak rate of runoff which would
occur on a lot or tract in its presently developed condition, provided
that, if the lot is presently farmed, it shall be considered as pasture
for purposes of determining rate of runoff increase.
(5)
Utility service. Adequate water supply, sewerage facilities
and other utilities necessary for essential services to residents
and occupants shall be provided.
(6)
Advertising features. The size, location, lighting
and materials of all permanent signs and outdoor advertising structures
or features shall not detract from the design of proposed buildings
and structures and the surrounding properties.
(7)
Special features. Exposed storage tank areas, exposed
machinery installations, service areas, truck loading areas, utility
buildings and structures and similar accessory areas and structures
shall be subject to such setbacks, screen planting or other screening
methods as shall reasonably be required to prevent their being incongruous
with the existing and contemplated site design and the surrounding
properties.
(9)
Application of design standards. The standards of
review outlined above shall also apply to all accessory buildings,
structures, freestanding signs and other site features.
B.
Design standards. The following minimum design standards
shall be required for all site improvements:
(1)
Public streets.
(b)
Sight triangles shall be provided at the intersection
of all driveways leading to and exiting from the site. These sight
triangles shall be measured along the curbline of both the driveway
and the intersecting street. The sight triangle shall be limited by
a point measured 30 feet along the curbline of the driveway from the
roadway curbline and a point on the intersecting roadway curbline
which shall be located from the near curbline of the intersecting
driveway in accordance with the following table:
|
Roadway Classification
|
Minimum Sight Distance
(feet)
| |
|---|---|---|
|
Marginal access
|
200
| |
|
Collector
|
275
| |
|
Arterial
|
350
| |
|
Others
|
400
|
(c)
The sight triangle shall be clear of all obstructions
from 20 inches above center-line grade to a point 120 inches above
center line, except that utility poles and street trees shall be permitted,
provided that they do not create a safety hazard.
(2)
On-site improvements.
(a)
Site lighting.
[1]
Site lighting shall be provided in all areas
accessible to the public in accordance with the following table:
|
Area
|
Average Maintained Footcandles
| ||
|---|---|---|---|
|
Parking lots:
| |||
|
Shopping centers
|
1.5 to 5
| ||
|
Retail businesses
|
1.0 to 4.0
| ||
|
Industrial
|
0.5 to 1.0
| ||
|
Residential, multifamily
|
0.4 to 1.0
| ||
|
Access driveways:
| |||
|
Shopping centers
|
2.0 to 3.0
| ||
|
Retail businesses
|
1.0 to 3.0
| ||
|
Industrial
|
1.0 to 3.0
| ||
|
Park area and pedestrian ways
|
0.4
| ||
|
Sidewalks
|
0.5
| ||
|
Intersections
|
2.0 to 5
| ||
|
Other areas
|
As determined by individual study
| ||
[2]
In general, the areas most frequently utilized
shall be more intensely lit, with lighting levels decreasing as usage
decreases.
[3]
All lighting shall be designed to meet the following
minimum criteria:
[a]
All lighting from fixtures shall
be cut off at property lines adjoining residential areas and zones.
[b]
Fixtures shall provide a cutoff
so that the lamp or refractor is not visible from adjoining roadways
or residential areas.
[c]
Sky glow effects are prohibited.
[d]
Maximum desirable luminaire mounting
heights shall be 30 feet.
[e]
A minimum uniformity ratio varying
from 6 to 1 for the intensely lit areas to 10 to 1 for the remote
areas. The uniformity ratio shall be the ratio of the average to minimum
intensity.
(b)
Storm drainage. All site plans shall incorporate
adequate storm drainage facilities.
(c)
Parking lot layout. Parking lots providing in
excess of 50 parking spaces shall meet the following requirements:
[1]
Driveways shall be separated from parking stalls
and aisles by raised curbed islands which shall be a minimum of five
feet wide.
[2]
In every fifth row of parking, the opposing
stalls shall be separated by raised curbed islands which shall be
a minimum of four feet wide.
[3]
At least one tree shall be planted within each
island required herein.
[4]
All islands required herein shall be landscaped
and grassed.
(d)
Landscaping. In addition to buffer and areas
which may be required by the approving authority and ornamental shrubbery
to be placed on the site, shade trees shall be placed in conformance
with the following:
[1]
Street trees as required by the approving authority
shall be placed along all adjoining public roadways.
[2]
Shade trees on the site shall be provided as
required by this article in parking areas with more than 50 cars.
At least 1/2 of these trees shall be planted in landscaped and
curbed islands.
(e)
Pedestrian access. In parking areas in excess
of 100 parking stalls, sidewalks shall be constructed along all driveways
and roadways as necessary to accommodate pedestrian travel parallel
to the flow of traffic thereon.
(f)
Fire protection. Notwithstanding the provision
of fire codes and recommendations of fire personnel, the following
shall apply:
[1]
On all sites in excess of 10,000 square feet
of building area, fire aisles shall be provided adjacent to all exposures
of buildings. No automobile parking shall be permitted between the
fire aisle and the building, except that parcel pickup areas will
be permitted, provided that the designated area does not exceed 1/3
of the frontage of an individual business establishment. Pedestrian
walkways and truck loading zones will be permitted between the fire
aisle and the buildings.
[2]
All fire aisles shall be a minimum of 30 feet
in width.
[3]
No portion of a structure shall be more than
600 feet from a fire hydrant.
(g)
Grading. Grading shall be as required by the
site construction. However, the following requirements shall be adhered
to:
[1]
Driveways. Driveways and roadways shall not
exceed a maximum grade of 6% and shall not exceed a grade of 4% within
100 feet of the side line of an intersecting street.
[2]
Parking areas. Parking areas shall be reasonably
level but shall not exceed a maximum grade of 6% and shall be graded
so that stormwater runs from aisles to parking stalls and does not
cross drives or roadways in a concentrated flow.
[3]
Maximum earthen slopes. Slopes shall not exceed
a ratio of 1 1/2 horizontal to one vertical unless a slope stability
analysis indicates to the contrary, provided that slopes which are
in excess of 2 to 1 shall be fenced at the top with a four-foot-high
fence, and slopes greater than 2 to 1 but less than 3 to 1 shall have
a fence or protective vegetative screen or guardrail.
[4]
All nonpaved areas shall be permanently stabilized
to prevent erosion.
(3)
Sidewalks required. All site plans shall include sidewalks along the frontage of all lots comprising the site in conformity with the standards and specifications as found at § 194-49B(5).
[Added 11-12-2020 by Ord. No. 2020-21]
[Amended 12-10-1996 by Ord. No. 96-14]
As a condition of final site plan approval, the Planning Board shall require and may accept in accordance with the standards of this chapter for the purpose of assuring the installation and maintenance of on-tract improvements, performance and maintenance guaranties, pursuant to the provisions of Article VII, § 194-49.
Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit or certificate of occupancy, as the case may be, shall, in addition to other violations prescribed by law, be construed to be a violation of this article and shall be grounds for the revocation of any building permit or certificate of occupancy, as the case may be. If the Building Inspector finds that any conditions of site plan approval have not been met, he shall give the applicant 10 days' written notice to comply with said conditions, and failure to comply within this ten-day period shall result in revocation of the building permit or certificate of occupancy, as the case may be. Such violations may, additionally or singly, also be prosecuted under § 194-44 hereof.
