This article shall be known and may be cited
as "Site Plan Article of the Township of Manchester Municipal Land
Use and Development Regulations Chapter."
The provisions of this article shall be administered
by the Township of Manchester Planning Board or the Township of Manchester
Board of Adjustment acting in accordance with the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq.
A.
Approval required. Except as hereinafter provided,
with the exception of single-family dwellings or two-family dwellings
on single existing lots, no building or use or enlargement of any
building or use or change of building or use shall be permitted in
any zone unless a site plan is first approved by the approving agency
of the Township of Manchester and no permanent certificate of occupancy
shall be granted unless all construction conforms to the approved
final site plan.
B.
Exceptions. Site plan approval shall not be required
for single-family dwellings or for such accessory uses as private
garage, tool house, gardens and private greenhouse, incidental to
single-family dwellings, but this shall not limit the requirements
for submission of subdivision application as otherwise provided herein.
C.
Undersized lots of record in the R-10 Zone. The following information
shall be required for currently undeveloped properties which require
variances by virtue of being undersized. In the event any of the below
elements are required on other documents submitted per this article,
same shall not be again required. Where a variance is required from
building coverage, the applicant shall be required to mitigate runoff
on site from the increased building coverage.
[Added 6-24-2013 by Ord. No. 13-005]
(1)
Evidence that a buy/sell letter was sent by certified mail and ordinary
mail from the property owner/applicant to adjacent property owners
requesting that all or a portion of the adjacent property be purchased
to make the subject property a conforming or more conforming lot under
the Township Code.
(2)
A plat shall be prepared in compliance with and shall be accompanied
by the information specified in Appendix 3, Application Checklist
and Documents Required to be Submitted.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3)
Plans or renderings for the intended use or variance showing any
building or structure to be erected, with an elevation of each side
of the building being shown; if a new principal structure is proposed,
including a structure on an undersized lot, a complete set of elevations
and floor plans that demonstrate compliance with the building code
and adequately describe its appearance so as to allow the Board to
determine that the appearance is compatible with the character of
the district.
(4)
Information in the form of title report by acknowledged title company
or similarly constructed documents which clearly trace the chain of
ownership of the property from the adoption of the Zoning Ordinance
which made the property nonconforming. All documents shall be duly
signed and sealed by the owner, purchaser and/or applicant and shall
be duly witnessed by a notary public of the State of New Jersey, and
shall be certified by the applicant to be true and accurate to the
best of its knowledge.
(5)
A contract of sale of the property should it have been purchased
or option to purchase, if the applicant is not the current owner,
by the applicant and/or developer as defined in N.J.S.A. 40:55D-3
and D-4 of the Municipal Land Use Law.
(6)
A detailed landscape plan of the property illustrating the type,
size and location of vegetation proposed to remain as well as that
proposed to be planted. Proposed details of the mechanisms for the
retention of trees and planting of vegetation along adjoining property
line shall be included.
(7)
Complete design plans for retaining walls, if any, including all
construction details, design calculations, soil borings and soil data
verified by a New Jersey licensed professional engineer.
(8)
Four copies of a grading and stormwater management plan prepared
by the applicant or by a licensed professional engineer. If the Board
Engineer determines that the applicant's plan is inadequate in substance,
the Board may require a grading and stormwater management plan from
a licensed professional engineer. The Board Engineer shall supply
a written report specifying all deficiencies to be corrected and shall
defer receipt of requested information until the time of hearing on
the application.
(9)
If the Board requires a plan from a licensed professional engineer,
said engineer shall certify that the proposed grading and floor elevation
will not detrimentally impact upon any adjoining property owner. If
applicable, said certification shall further set forth that said plan
conforms to an approved site grading plan, or, if not, that the changes
are not significant to that approval and will in no way further impact
adjoining properties. Further, the certification shall set forth that
the plan provides for the proper on-site runoff that is adequate to
prevent ponding, severe erosion, and positive drainage away from the
proposed building construction. The map prepared shall be based on
survey measurements, and must contain the following:
(a)
Drawn to scale of not less than one inch equals 10 feet (1"
= 10') or more than one inch equals 50 feet (1" = 50'), or drawn to
the same scale contained on the survey submitted above.
(b)
Show the location of all new construction and all existing structures
on the site.
(c)
Distances from lot lines to existing structures and proposed
improvements.
(d)
Zoning setback lines to establish buildable area available for
development.
(e)
Building dimensions of existing structures and proposed alterations.
(f)
Total area of the tract and the total area upland or buildable
areas.
(g)
The existing and proposed sidewalk, curb and fence locations,
including the type of material to be used for the construction of
each.
(h)
The existing and proposed driveway locations and the type of
material to be used.
(i)
The location and identification of flood zones, conservation
easements and wetlands areas.
(j)
The location and identification of all utility, drainage, sight
triangle and other easements affecting the development of the tract.
(k)
The area reserved for proposed and future septic/well facilities,
if applicable.
(l)
Precise stormwater flow direction arrows must be provided for
both on-site and off-site conditions.
(m)
The width of street rights-of-way, the width of street pavements
and the general material composition of the street surface.
(n)
A North arrow shall be shown.
(o)
NJDEP-approved wetlands and wetlands buffer delineation, if
applicable. The Pinelands Commission shall approve the wetlands and
buffer delineation where applicable.
(p)
The lot(s) shall be graded in accordance with the following
design criteria:
(q)
Provide an accurate review of proposed development, zone designation,
and requirements. The following information is required on all plot
plans and as-built surveys for new development:
[1]
Minimum lot area: required and proposed.
[2]
Minimum lot width: required and proposed.
[3]
Minimum front setback: required and proposed.
[4]
Minimum side yard setback: required and proposed.
[5]
Minimum side yard setback along a street: required and proposed.
[6]
Minimum rear setback: required and proposed.
[7]
Minimum floor area: required and proposed.
[8]
Maximum building height: required and proposed.
[9]
Maximum lot coverage, actual: required and proposed.
(10)
Foundation as-built plan. Prior to framing inspection, placing
the modular units or pre-fab unit on the foundation as constructed,
the New Jersey licensed professional engineer or New Jersey licensed
land surveyor shall submit to the Zoning Officer four copies of a
plan showing the setbacks and elevations as to said as-built foundation
and specifically showing the top of block elevation and any other
critical floor elevation.
(11)
Final as-built plan. Prior to the issuance of a certificate
of occupancy, the Zoning Officer shall require four copies of an as-built
plan be submitted. The plans utilized for a request for certificate
of occupancy, accompanied by a copy of the initial review plans, shall
be reviewed by the Township Engineer, who will, in addition to said
review, conduct an on-site inspection and submit a written report
to the Zoning Officer and Construction Official as to the status of
all improvements required and as-built conditions that conform satisfactorily
to the approved plans or, if not, report that same neither satisfies
the intent of the procedural outline herein or does not conform. The
as-built plans shall show the following:
(a)
Property line and dimensions.
(b)
Existing elevations of the lot and adjacent roadway, as well
as contours and critical spot elevations to clearly define surface
flow.
(c)
Finish floor grades of house and garage and description of house
style (ranch, bi-level, two story) and critical grade that applies.
(d)
All setbacks for structure.
(e)
Describe building constructed: basement, crawl space or slab
construction.
(f)
Where applicable, sufficient information to show any impact
on adjoining properties, if any.
(g)
All completed improvements such as walks, drives, curbs, landscaping,
etc., shall be shown.
Applicant shall follow the submission procedures as provided in Article III, Administrative Procedures, of this chapter.
A.
Approving agency. Provision is hereby made for an
informal review procedure in accordance with N.J.S.A. 40:55D-10.1
whereby an applicant can supply the approving agency with the following
information and documents so as to allow the approving agency to render
an opinion on the suitability of the applicant's proposal which will
guide the applicant in the preparation of his preliminary plan. However,
the opinion shall not be binding upon the approving agency.
[Amended 6-14-2010 by Ord. No. 10-012]
B.
Contents of informal review. The proposed development
submitted for informal review shall be designed in compliance with
and shall be accompanied by the information specified in Appendix
3.[1]
[1]
Editor's Note: Appendix 3, Application Checklist and Documents Required to be Submitted, is included as an attachment to this chapter.
The plat shall be designed in compliance with
and shall be accompanied by the information specified in Appendix
3.
A.
Requirements of final major site plan. The plat shall
be designed in compliance with and shall be accompanied by the information
specified in Appendix 3.
B.
Conditions of approval and procedures for final site
plan. Approval of final site plan shall be granted in the event that
the site plan complies with the following standards and regulations
and that the application for final approval is submitted within three
years after the date of the preliminary approval or prior to the expiration
of any extension granted:
[Amended 6-24-2003 by Ord. No. 03-018]
(1)
The applicant has submitted a site plan containing
all of the information and data as provided for in this chapter.
(2)
That all parking and traffic problems shall be resolved.
(3)
That adequate provisions are made so as to conform
with the Master Storm Drainage Plan.
(4)
That reasonable screening, at all seasons of the year,
of all playgrounds, parking and service areas, from the view of adjacent
properties and streets be provided where necessary for the purpose
of protecting the health, safety, general welfare, comfort and convenience
of the public.
(5)
That the location, power, direction and time of any
outdoor lighting will not have an adverse effect upon any properties
in adjoining residential districts by impairing the established character
or the potential use of properties in such districts, or will not
cause any glare on any traveled roadways.
(6)
That the details of the site plan for the authorized
use will be such that the operation will not offend the public interest.
(7)
That adequate landscaping is provided with due consideration
to aesthetic amenities.
(8)
That the applicant has complied with any and all other
conditions required by the approving agency.
A.
Purpose. The primary purpose of an environmental impact
statement (EIS) is to compile information that will assist the Planning
Board or Board of Adjustment in conjunction with the Environmental
Commission, in determining whether or not a proposed development may
cause an adverse environmental impact. This information will also
be useful to the applicant in planning and designing the project so
as to minimize adverse effects on the environment.
B.
Requirements. No application for a major subdivision
or site plan shall be approved unless it has been affirmatively determined
that the proposed project will not result in a significant adverse
impact on the environment. Applications shall not be deemed complete
for filing until the completed EIS has been submitted to the Environmental
Commission in seven copies by registered mail, return receipt. For
purposes of this section, the term "Environmental Commission" shall
mean the Manchester Township Environmental Commission. Said environmental
impact statement shall include the following minimum information and
be reviewed and either approved or denied, as follows:
(1)
A description of the project which shall specify what
is to be done and how it is to be done, during construction and operation,
as well as a recital of alternative plans deemed practicable to achieve
the object.
(2)
An inventory of existing environmental conditions
at the project site and in the immediate surrounding region which
shall describe air quality, water quality, water supply, hydrology,
geology, physical soil borings and properties thereof, including their
capability and limitations, sewerage systems, topography, slope, vegetation,
wildlife habitat, aquatic organisms, noise characteristics and levels;
demography, land use, aesthetics and history. Air and water quality
shall be described with reference to standards promulgated by the
Department of Environmental Protection of the State of New Jersey
and soils shall be described with reference to criteria contained
in the Soil Conservation District Standards and Specifications.
(3)
An evaluation of any adverse environmental impacts
which cannot be avoided. Particular emphasis shall be placed on air
or water pollution; increase in noise, storm drainage, sedimentation,
and siltation; effect upon vehicular and pedestrian traffic; increase
in Township services, and consequences to the Township tax structure;
and damage to flora and fauna.
(4)
A description of steps to be taken to avoid or minimize
adverse environmental impacts during construction and operation, including
maps, schedules, and other explanatory data which clarify and explain
these steps.
(5)
The aforesaid inventory shall be based upon actual
visitation and inspection of the site proposed for development. The
inventory shall be prepared by a person who is qualified and able
to recognize the evidence and the presence of a species of flora or
fauna by sight, sound, sign and habitat. Prior to the actual performance
of the inventory, an applicant may present the qualifications of a
proposed expert to the Environmental Commission for acceptance.
(6)
The inventory required by this subsection shall be
accompanied by a log indicating the dates, times, weather conditions,
and specific site locations of the on-site inspections required by
this subsection. If evidence is detected of the presence of any endangered
or threatened species as shown on any federal or New Jersey endangered
or threatened species list, the inventory shall set forth specific
strategies and procedures to protect and preserve any such endangered
or threatened species.
C.
Waiver of EIS. Notwithstanding the foregoing, the
Planning Board or Board of Adjustment may, at the request of an applicant,
waive the requirement for an environmental impact statement if sufficient
evidence is submitted to support a conclusion that the proposed development
will have a negligible environmental impact. Portions of such requirement
may likewise be waived upon a finding that the complete report need
not be prepared in order to evaluate adequately the environmental
impact of a particular project. An application for exemption of any
activity or project from an environmental impact statement shall be
based upon consideration by the Planning Board or Board of Adjustment
of that data applicable to various types of development as shown in
Appendix 5, Environmental Impact Statement Applicability Checklist,[1] after being properly completed by the applicant. The Planning
Board or Board of Adjustment shall refer the waiver request to the
Environmental Commission for review and comment.
[Amended 2-22-1999 by Ord. No. 99-001]
[1]
Editor's Note: The Environmental Impact Statement Applicability Checklist is included at the end of this chapter.
D.
Additional costs. If the Planning Board, Board of
Adjustment or Environmental Commission finds that on the basis of
the environmental impact statement, or other evidence, the proposed
development may cause an adverse environmental impact, the Boards
aforesaid may require the developer to pay, in addition to regular
fees, additional amounts to cover the reasonable costs of reports
by experts selected by the Board regarding the environmental impact
of the proposed development. The application shall not be approved
by the Planning Board or Board of Adjustment until a complete and
accurate statement is submitted to and reviewed by the Environmental
Commission unless a waiver is granted by the Planning Board or Board
of Adjustment under this section.
Notwithstanding anything to the contrary herein,
the Planning Board, and when appropriate, the Board of Adjustment,
when acting upon site plan approval, shall have the power to grant
such exceptions from the requirements, or any portion thereof, for
site plan submission and/or 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 the site plan
requirements is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
[Amended 11-27-2000 by Ord. No. 00-040]
Any minor or major site plan application involving
two or more separate Tax Map parcels (lots and/or condominium parcels)
shall, as a condition of any Township approval, be required to file
a deed of consolidation with the Clerk of the County of Ocean, merging
the properties into a new, single parcel encompassing the entire tract
of land that is the subject of the application. The applicant shall
apply to the Township Tax Assessor for a new lot number and any proposed
property location (street address) prior to recording the deed. A
copy of the recorded deed shall be submitted to the Tax Assessor,
and Board Attorney, Board Engineer and Board Secretary. A note shall
be added to the site plan prior to submission for resolution compliance
and signature, giving the nature of the deed, the recorded deed book
and page number, the date recorded, and the previous Tax Map block
and lot numbers.
