Site plan review and approval shall be required before any change
of use, or before any excavation, removal of soil clearing of a site
or placing of any fill on lands contemplated for development, and,
except as hereinafter provided, no building permit shall be issued
for any building or use, or reduction or enlargement in size or other
alteration of any building or change in use of any building including
accessory structures unless a site plan is first submitted and approved
by the Planning Board or in certain instances, the Board of Adjustment
and no certificate of occupancy shall be given unless all construction
and development conform to the plans as approved by the municipal
board having jurisdiction.
A.
Site plan approval shall not be required for any detached single-family or two-family dwelling or any permitted accessory structure related thereto; but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required under Chapter 340, Subdivision and Site Plan Review, of the Code of the Township of Ocean.
B.
Site plan approval shall not be required for a change from one permitted
use to another permitted use where there is no increase in required
off-street parking and no change in the exterior appearance, size,
or features of a building or use.
A.
Major site plans.
(1)
Any residential use having three or more dwelling units.
(2)
Any nonresidential use, other than a home occupation or home
professional office, having an off-street parking requirement of five
or more spaces.
(3)
Uses requiring a new street or off-site improvements.
(4)
Alterations or enlargements of the above uses or structures
which would increase the gross floor area by 1,500 square feet or
more would increase the lot coverage of the use by 50% or more, or
would increase off-street parking requirements by five or more spaces.
(5)
Any conditional use, except that with regard to home occupation,
home professional offices, and accessory apartments, where allowed,
the Planning Board may waive major site plan requirements upon submission
by the applicant of a letter requesting such waiver, stating reasons
for requesting a waiver.
(6)
Any use variance.
B.
Minor site plans. All uses not requiring major site plan approval.
A.
Thirteen black-on-white prints of the preliminary site plan and five sets of preliminary architectural drawings and elevations, together with 13 completed application forms for preliminary major site plan approval and fees as required under Article XX of this chapter shall be submitted to the administrative offices of the Planning Board.
B.
The preliminary site plans and documentation shall contain all of the information required under § 410-134, and such period of time, longer than three years, as shall be determined by the nonresidential floor area permissible under preliminary approval; and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and so that the Planning Board may make an informed decision upon the development application.
C.
After determination that complete application has been submitted,
the administrative officer shall forward copies of the preliminary
site plan to the Township Engineer, the Ocean County Soil Conservation
District, the Township Board of Health, the Township Board of Assessors,
the Township Police Department, the Township Zoning Officer and such
other municipal, county or state officials or agencies as may be necessary
for their review and recommendations to the Planning Board by the
administrative officer forthwith upon the filing of the application
and documentation. Each municipal recipient of the documentation distributed
in accordance with this provision shall provide written report and
recommendations to the Planning Board prior to the hearing date. In
addition to the written reports herein called for, any municipal commission,
board, body or official shall have the right to appear at the hearing
and give testimony and produce evidence in support of its report and
recommendations. If any municipal board or body does not submit a
written report prior to the date fixed for the hearing the Planning
Board shall assume that the municipal board, body or official has
no recommendations and no objections to the proposed site plan. In
considering the application and making determination following the
hearing, the Planning Board shall give due consideration to the report
and recommendations of any municipal board, body or official, as herein
provided.
D.
Upon submission of a complete application to the administrative officer
of the Planning Board 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 of 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.
E.
As part of its action with respect to a preliminary major site plan
application, the Planning Board shall determine if a performance guaranty
will be ultimately required prior to final site plan approval. If
the Planning Board acts favorably on a preliminary site plan, with
or without conditions, a notification to that effect shall be made
on the plan, and it shall be returned to the developer for compliance
with final approval requirements. If the Planning Board disapproves
a preliminary site plan, the reason for such action shall be noted
on the plan and returned to the developer.
F.
If the Planning Board shall require any substantial amendment in
the layout of improvements proposed by the developer that 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. The Planning Board shall, if the proposed development
complies with this chapter, grant preliminary site plan approval.
A.
Preliminary approval of a site plan pursuant this chapter shall confer
upon the applicant the following rights for a three-year period from
the date on which the resolution of the preliminary approval is adopted:
(1)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; lot and building requirements; and requirements with
respect to on-site and off-site improvements, including standards
for their provision; except that nothing herein shall be construed
to prevent the Township 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; and
(3)
That the applicant may apply for and the municipal board may
grant extensions on such preliminary approval for additional periods
of at least one year, but not to exceed a total extension of two years,
provided that if design standards affecting the health, safety and
welfare of the citizens and residents of Ocean Township has 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 municipal board may grant the rights referred to in Subsection A of this section for such period of time, longer than three years, as shall be determined by the board to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; (2) economic conditions; and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the municipal board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the board to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; (3) economic conditions; and (4) the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
C.
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection A or B of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer/applicant may apply for the extension either before or after what would otherwise be the expiration date.
D.
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied properly for and diligently pursued the required approvals. A developer shall apply for the extension before: what would otherwise be the expiration date of preliminary approval; or the 91st day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection A(3) of this section.
A.
Thirteen black-on-white prints of the final site plan, drawn to the specifications pursuant to § 410-134 together with all necessary documentation, 13 completed application forms for final site plan approval, the fees as required in Article XX of this chapter and a performance guaranty, if required, in the amount sufficient to ensure the completion of the improvements required under this section shall be submitted to the administrative officer.
B.
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 in this chapter for final approval
and the conditions of preliminary approval; provided that in the case
of a planned unit development, planned unit residential development
or residential cluster, the Planning Board may permit minimal deviations
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 deemed 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
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.
D.
Prior to an action being taken, however, a certification by the Township
Engineer and attorney shall be received by the Planning Board stating
that the performance guaranty, if required, has been approved as to
form and amount to assure completion of all required improvements.
If the Planning Board acts favorably on a final site plan, with or
without conditions, a notation to that effect shall be made on the
plan, and it shall be returned to the developer.
A.
The zoning requirements applicable to the preliminary approval first
granted (site plan) and all other rights conferred upon the developer
pursuant to Section 37 of P.L. 1975, c.291 (N.J.S.A. 40:55D-49), whether
conditional or otherwise, shall not be changed for a period of two
years after the date on which the resolution of final approval is
adopted; provided that in the case of a major subdivision, the rights
conferred by this chapter shall expire if the plat has not been duly
recorded within the time period provided in Section 42 of P.L. 1975,
c.291 (N.J.S.A. 40:55D-54). If the developer has followed the standards
prescribed for final approval, has duly recorded the plat as required
in Section 42 of P.L. 1975, c.291, the Planning Board may extend such
period of protection for extensions of one year but not to exceed
three extensions. Notwithstanding any other provision of this Act,
the granting of final approval terminates the time period of preliminary
approval pursuant to Section 37 of P.L. 1975, c.291 (N.J.S.A. 40:55D-49)
for the section granting final approval.
B.
In the case of a site plan for a planned development of 50 acres or more, conventional site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet 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; 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.
C.
Whenever the Planning Board grants an extension of final approval pursuant to Subsection A or B of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
D.
The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before: what would otherwise be the expiration date of final approval; or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this in this section shall not preclude the Planning Board from granting an extension pursuant to Subsection A or B of this section.
[Amended by Ord. No. 2000-2]
A.
A major site plan shall be clearly and legibly drawn and dimensioned
as follows:
(1)
A scale no less than one inch equals 50 feet shall be used.
(2)
Maximum sheet size shall be 30 inches by 42 inches, all sheets
shall be of the same size.
(3)
All plan dimensions shall be in feet and in decimals of foot.
(4)
All bearings shall be given to the nearest 10 seconds; the error
of closure shall not exceed one in 10,000.
(5)
The site plan shall be drawn by a land surveyor or professional
engineer licensed in the State of New Jersey.
B.
The following information shall be shown on or included in the site
plan:
(1)
Title block. The title block shall appear on all sheets and
shall include:
(a)
Title of "site plan."
(b)
Name, if any.
(c)
Tax Map sheet, block and lot number(s) of the tract as shown
on the latest Township Tax Map.
(d)
Acreage of tract, to the nearest tenth of an acre.
(e)
Date of original and of all revisions.
(f)
Names and addresses of owner and developer so designated.
(g)
A schedule shall be placed on the map indicating the acreage
of the tract, the zone and the minimum required lot areas, setbacks,
yards and dimensions.
(h)
Name(s), signature(s), address(es) and license number(s) of
the engineer and land surveyor who prepared the map. The plat shall
bear the embossed seal of said engineer and land surveyor.
(2)
A key map, at a scale of one inch equals 1,000 feet, showing
the location of the tract with reference to surrounding areas, existing
streets which intersect or border the tract, the names of all such
streets and any Township boundary which is within 500 feet of the
site.
(3)
Names of all owners of any property lines of parcels within
200 feet of the site, including properties across the street, as shown
by the most recent records of the Township.
(4)
The plat shall be based on a current, certified boundary survey.
Date of the survey and the name of the person making same shall be
shown on the map.
(5)
Existing one-foot-interval contours based on United States Coast
and Geodetic Survey datum (MSL-0) shall be shown extending a minimum
of 100 feet beyond the boundary of the tract in question and shall
be certified by a New Jersey licensed surveyor or professional engineer
as to accuracy, except that where the slopes exceed 5%, a two-foot
interval may be used. The source of elevation base shall be noted.
(6)
All existing streets, watercourses, floodplains, floodways and
flood areas within the proposed site and within 200 feet of the boundaries
thereof both the width of the paving and the width of the right-of-way
of each street, existing public easements and Township borders within
200 feet of the site.
(7)
All existing structures and an indication of those which are
to be destroyed or removed and the front, rear and side yard dimensions
of those to remain. Structures to be removed shall be indicated by
dashed lines; structures to remain shall be indicated by solid lines.
(8)
The boundaries, nature and extent of wooded areas and other
important physical features, including swamps, bogs and ponds, within
the proposed site and within the proposed site and within 200 feet
thereof.
(9)
All proposed public easements or rights-of-way and the purposes
thereof and proposed streets within the proposed site. The proposed
streets shall show the right-of-way and proposed pavement width.
(10)
The existing system of drainage of the site and of any larger
tract of which it is a part, together with information on how it is
proposed to dispose of surface drainage.
(11)
The acreage of the drainage area or areas of each natural or
man-made watercourse traversing the site, including the area within
the site and the area up stream from the site.
(12)
North arrow; written and graphic scales.
(13)
Utility layouts showing methods of connection and sources of
service.
(14)
The proposed location and area, in acres or square feet, of
all required or proposed open space areas.
(15)
On-site grading and drainage plan.
(a)
The plat shall show or be accompanied by a grading and drainage
plan which shall show locations of all existing and proposed drainage
swales and channels, retention and recharge basins, the scheme of
surface drainage and other items pertinent to drainage, including
the approximate proposed grading contours at one-foot intervals, except
that if slopes exceed 5%, a two-foot interval may be used.
(b)
The plan shall outline the approximate area contributing to
each inlet.
(c)
All proposed drainage shall be shown with pipe type and sizes,
invert elevations, grades and direction of flow. The direction of
flow of all surface waters and of all watercourses shall be shown.
(d)
The grading and drainage plan shall be accompanied by drainage
calculations made in accordance with standards set forth herein.
(16)
Off-site drainage plan. The plat shall also be accompanied by
an off-site drainage plan prepared in accordance with the following
standards:
(a)
The plan shall consist of an outline of the entire drainage
basin which the property is located. The terminus of the basin and
existing ground contours or other basins for determining basin limits
shall be shown.
(b)
Pertinent off-site existing drainage, which receives or discharges
runoff from or onto the site, shall be shown with elevations of inverts,
pipe types and sizes or other appropriate physical data for open or
nonpipe conduits.
(17)
Profiles showing all proposed drainage, all existing and proposed
finished roadway grades; channel section details, pipe sizes, type,
inverts; road crowns and slopes; all other proposed drainage structures
and connections.
(18)
Sectionalization and staging plan. The plat shall be accompanied
by a sectionalization and staging plan, if applicable, showing the
following:
(a)
If the site is proposed to be constructed in sections, the plan
shall show each such section. The staging of the various sections
shall be such that if development were to be discontinued after the
completion of any section the developed portion would be provided
with adequate street drainage and utility systems. The size and staging
of each section shall be established to promote orderly development
and shall be subject to the approval of the municipal board.
(b)
During construction of the development, the developer shall
fully comply with the sectionalization and staging plan in accordance
with the preliminary approval. If for any reason the developer does
not fully comply with the approved sectionalization and staging plan,
no building permits shall be issued until such time as the developer
makes application to and receives approval from the municipal board
for a revised staging and sectionalization plan. The municipal board
may modify the plan and pose time restrictions or require the developer
to construct the development in accordance with the approved staging
and sectionalization plan. The developer shall be required at the
time of filing the revised plan with the municipal board to pay a
nonrefundable application fee in the amount of $300.
(19)
The map must include certification for the signatures of the
chairperson, secretary and engineer of the municipal board.
(20)
Proposed spot or finished elevations at all property corners,
curb, corners of all proposed structures, first-floor elevation of
all proposed structures and those to remain, and drainage arrows designating
direction of overland drainage flow; and the proposed use or uses
of land and all structures.
(21)
Complete construction details for all structures, including
but not limited to manholes, inlets, headwalls, yard drains, culverts,
bridges and pumping stations.
(22)
Detailed utility layouts and cross sections (sewers, water,
gas, electric, telephone, etc.) showing feasible connections to any
existing or proposed utility systems; provided, however, the detailed
layouts of gas, electric and telephone lines are not required. Layout
shall include proposed location of fire hydrants. If private utilities
are proposed, they shall comply with all local, county and state regulations.
(23)
The limits of all areas proposed cuts and fills, exclusive of
excavations for basements, shall be clearly designated.
(24)
The distances measured along the right-of-way lines of existing
streets abutting the property, to the nearest intersections with other
public streets.
(25)
The vehicular circulation pattern on site and the means of ingress
and egress of the development showing, in particular, the size and
location of driveways and curb cuts, walkways, the proposed traffic
channels, acceleration and deceleration lanes, if any, and any other
means of controlling vehicular and pedestrian traffic.
(26)
The location and design of any on-site parking areas or loading
areas, showing size and location of spaces, bays, aisles and barriers.
(27)
The location, direction of illumination, height, intensity and
hours of operation of the existing or proposed outdoor lighting, to
be expressed m average horizontal footcandles.
(28)
The location, size, type and height of directional, regulatory
or advisory signs or pavement markings.
(29)
The location and use of existing structures within 100 feet
of the tract boundaries.
(30)
A landscape plan, prepared by a certified landscape architect in accordance with the provisions of § 410-135C, and the following: the plan shall be prepared on a halftone copy of the engineer's grading plan, showing existing and proposed grades and shall indicate the location and spacing of shade trees, ornamental trees, evergreen trees, shrubs, ground cover and lawn, utilizing different graphic symbols for each which are representative of the size of the plant, within a period of 10 years after installation, and shown to scale. The plan shall include a planting schedule indicating the quantity, common name, botanical name, installed size (including height and caliper for shade and ornamental trees), root and quality for all proposed plantings. The plan shall include a yearly maintenance schedule for all landscape areas. The plan shall indicate the construction materials, location and size of any berms, walls, fences, pavements or site amenities to be provided. The final landscape plan shall be subject to comments and suggestions of the Land Use Board.
(31)
The location of driveways within 100 feet of the site boundaries.
(32)
The location and type of garbage and refuse disposal facilities.
(34)
Locations and type of the nearest and/or proposed fire hydrants
and sprinkler connections.
C.
The following shall accompany and be submitted as part of the major
site plan:
(1)
The method of sewage and solid waste disposal shall be described,
with percolation tests and soil borings to a depth of four feet below
the septic facility where septic tanks and leaching fields are proposed.
(2)
Preliminary architectural plans and elevations of proposed structures
and buildings.
(3)
Copies of any existing or proposed covenants or deed restrictions
applying to the site or certification that none exist.
(5)
Proof of payment of real estate taxes.
(6)
Evidence of a comprehensive general liability insurance policy
in an amount not less than $300,000 per occurrence, identifying and
saving harmless the Township and its agencies, employees and agents
from any liability for any acts of the developer or his/her agents,
contractors or employees in the implementing of the approved plan.
The developer, at his/her option, may provide a statement that such
evidence will be provided simultaneously with the provision of bonds
and fees, but in no event will any signatures be affixed to the final
plat until such evidence is provided. The insurance policy shall provide
for 10 days' notice to the Township prior to cancellation.
(7)
An affidavit setting forth the names and addresses of all the
record title owners of the lands proposed to be subdivided by said
map and the consent in writing of all such owners to the approval
of such map shall accompany the final plat or be shown thereon.
(8)
Where applicable, a copy of the permit issued or, if the permit
has not been issued, the application filed with the New Jersey Department
of Environmental Protection under the Coastal Area Facility Review
Act and copies of the environmental impact statement and any attachments
thereto filed in accordance with the provisions of the Act or, in
the alternate, a statement issued by the Department of Environmental
Protection that the proposed development is exempt prom the Act.
(9)
Copy of the certificate of filing or any other document concerning
the proposed development received by the applicant from the Pinelands
Commission for development in the Pinelands area.
(10)
Such other submittals as may be required by state or local law.
Unless other specific provisions are made in this chapter or by statute,
all approvals required of federal, state, county and local agencies
or officials shall be obtained and evidence thereof filed with the
board prior to approval of a final site plan. This shall include but
is not limited to:
(11)
A written description of the proposed operations in sufficient
detail to indicate the effects of those operations 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,
then a projection of the proposed hours of operation for commercial
use.
[Amended by Ord. No. 2000-2; Ord. No. 2003-38]
Applications for site plan approval by the municipal board having
jurisdiction shall conform to the following standards and requirements
as applicable to the particular application:
A.
Physical improvements shall be designed in accordance with the applicable design standards set forth in Article V of this chapter and any other applicable standards adopted by the Township Committee or recommended by the Township Engineer.
B.
In addition, the site plan shall be designed in accordance with the
following general criteria:
(1)
That all parking and traffic problems shall be kept at a minimum
by the use of engineering design features such as acceleration and
deceleration lanes, jug handles, and marginal access streets;
(2)
That adequate provisions are made so as to prevent any drainage
problem;
(3)
That a 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 and general welfare, comfort and
convenience of the public;
(4)
That the location, power, directions and time of any outdoor
lighting will not have an adverse effect upon any properties in such
districts;
(5)
That the details of the site plan for the authorized use will
be such that the operation will not offend the public interests.
C.
Landscaping.
(1)
All applicants shall submit a complete landscaping plan, designed,
prepared and duly signed by a certified landscaped architect. The
landscaping plan shall specify the location of all planting material,
their minimum sizes, quantity and variety in species by botanical
and common name. The landscaping plan shall show the location of all
existing shade trees of eight inches caliper or greater, measured
three feet above ground level, and of all existing ornamental trees
of four inches caliper or greater, measured one foot above ground
level and shall show all trees which necessarily shall be removed.
(a)
An owner, developer or his/her agent shall not be permitted
to excavate land or remove trees, shrubs or other plantings from a
proposed building site or tract of land on which an application is
pending before the Township's Land Use Board until a landscaping plan
has been reviewed by the board, except that 10% the trees and plantings
of any tract may be removed to facilitate preliminary engineering
associated with an application by the developer to the Ocean Township
Land Use Board.
(2)
All shade trees to be hereafter planted in accordance with this
chapter shall be nursery grown, of substantially uniform size and
shape and shall have straight trunks. Ornamental trees need not have
straight trunks but must conform in all other aspects with the provisions
for trees and tree plantings outlined in this chapter.
(3)
All trees planted pursuant to this chapter shall be planted
in a dormant state. The average trunk diameter measured at a height
of one foot above the finished grade level shall be a minimum of two
inches, depending on good practice with a reference to the particular
species to be planted.
(4)
Subsequent or replacement plants shall conform to the type of
existing tree in a given area, provided that if any deviation is anticipated,
it must be done only with the permission of the Township's land use
engineer. In a newly planted area, only one type of tree may be used
on any given street, unless otherwise specified by the Land Use Board.
(5)
In areas adjacent to rivers, bays and lagoons, plantings shall
be one of the following kind of trees, the maximum size and characteristics
of which follows:
(a)
Honey locust (Gleditsia triacanthos inermis): 60 to 70 feet
high, fragrant white flowers late in spring, grows well in poor soil,
resists salt spray.
(b)
Oriental plane (Platanus orientalis): 70 to 80 feet tall; rapid
growing shade trees; pyramid shaped top.
(c)
Willow (Salix babylonica): 40 to 50 feet high; its long pendulous
branches grow rapidly; especially when close to water.
(d)
Canoe birch (Betula papyrifera): 50 to 60 feet tall; stately
with grey white bark; fast growing.
(e)
European white birch (Betula alba pendula): 40 to 50 feet high;
graceful lacy leaves and drooping branches.
(f)
Japanese cherry (Prunus kwanzan): 30 to 40 feet high; large
double-deep pink pendulous flowers clustering among the leaves in
May; vase form.
(g)
Hawthorn (Crataegus): 12 to 15 feet high; produces a mass of
scarlet double flowers in June and colorful red fruit in winter.
(6)
In the uplands away from rivers, bays and lagoons and not adjacent
to large bodies of water, plantings shall be one of the following
kinds of trees, maximum size and characteristics of which follows:
(a)
Pin oak (Quercus palustris): 75 to 90 feet high; shiny foliage;
long lived; turns scarlet in fall; broad pyramid shape.
(b)
Norway maple (Acer platanoides): 60 to 70 feet high; leaves
turn yellow in fall; globe-shaped top.
(c)
Honey locust (Gleditsia triacanthos intermis): 60 to 70 feet
high; fragrant white flowers; grows well in gravel or sandy soil;
broad-spreading top.
(d)
Crabapple (Malus): 12 to 15 feet high; pink or red flowers;
broad umbrella top; usually as wide as high a good park tree.
(e)
European mountain ash (Sorbus aucuparia): 25 to 30 feet high;
great clusters of orange scarlet berries; upright oval shape.
(f)
Dogwood (Cornus florida, white) and (Florida rubra, pink): 25
to 30 feet high; pink or white flowers in early spring; red berries
and rich red foliage in fall.
(g)
European which birch (Betula alba pendula): 40 to 50 feet high,
lace-like leaves; paper-white bark; tall column.
(7)
In the waterfront property and property in the vicinity of large
bodies of water not covered by the above, plantings shall be one of
the following kinds of trees, the maximum size and characteristics
of which follows:
(a)
Bolleana poplar (Populus bolleana): 75 to 90 feet tall; grows
stately; salt resistant.
(b)
Carolina poplar (Populus eugenei): 75 to 90 feet tall; exceedingly
rapid-growing shade tree; thrives in dry conditions.
(c)
Oriental plane (Platanus orientalis): 75 to 90 feet tall; rapid-growing
shade tree of pyramid habit.
(d)
African tamarisk (Tamarix africana): 12 to 15 feet tall; drooping
panicles of attractive pink flowers in spring and feathery gray foliage.
(e)
Smoke tree (Rhus cotinus): 12 to 15 feet tall; carries great
mass at filmy purple flowers in July.
(f)
Almey crab: 12 to 15 feet tall; fiery crimson flowers; very
hardy; maroon-colored fruit of spreading habit.
(g)
Hopa crab: 12 to 15 feet tall; rosy red flowers; red fruit;
attractive purple foliage; upright vase-shaped growth.
(h)
Bechtel crab: 12 to 18 feet tall; with large double fragrant
pink flowers, which resemble small roses in early May; upright growth.
(8)
Rights-of-way and access drives. As a part of said landscaping
plan, the applicant and/or developer shall plant, along both sides
of said streets, proper shade and/or decorative trees at a maximum
distance of 50 feet between trees. The minimum distance between such
trees planted shall be 40 feet. Planting sites shall be indicated
on the final plot. Such plantings shall not be required within site
easements. All trees planted in accordance with the provisions of
this chapter shall be placed in a proper manner and in a good grade
of topsoil within the area of the tree well, at the point where the
tree is planted.
(9)
Parking areas. The landscape architectural treatment of all parking areas shall be designed to promote safe and convenient circulation; to limit vehicular/pedestrian conflicts; to limit paved areas; to provide shade and reduce heat island effects; and to soften the overall visual impact of parking area. The design of all parking areas shall comply with the requirements of Article VI, Off-Street Parking and Loading, of this chapter with landscape architectural treatment provided as follows:
(a)
Shade trees within the parking area shall be provided at a minimum
rate of one tree for every five parking spaces. Preservation or relocation
of existing trees greater than four inches diameter at breast height
("dbh") is encouraged to meet this requirement. Landscape buffer area
plantings are not to be considered to satisfy this requirement.
(b)
In the islands provided at the end of individual rows of parking
spaces between access roads or aisles, planting shall be provided
to buffer the view of parked oars, provide shade and cover the ground
plane. The use of excessive quantities of unplanted bark or stone
mulch shall be avoided.
(c)
Landscaping in parking and loading areas shall be staggered
and/or spaced so as not to interfere with driver vision and have branches
no lower than six feet. All areas between the parking area and the
building shall be landscaped.
(d)
Plant size shall be a minimum of two to 2 1/2 inches caliper
measured one foot above grade for shade trees and two to 2 1/2
feet in height for shrubs. The spacing of shrubs provided as a buffer
shall be as necessary to provide a continuous hedge or mass with plants
touching at the time of installation, and species shall include, but
not be limited to: Euonymus alatus compactus; Myrica pensylvanica;
Ilex glabra compacta; or any other species.
(e)
Large parking areas shall be subdivided into modules. Separation
of modules should be achieved by a landscape island of a minimum width
of 10 feet. Integration of pedestrian walkways within this island,
aligned with building entrances or focal points, is encouraged and
should be considered.
(f)
Pedestrian/vehicular conflicts shall be minimized through design,
yet, when necessary, clearly indicated by a change of vehicular and
pedestrian paving and plant materials.
(g)
Parking lot lighting should be sited within landscape islands.
Trees shall not hinder safe lighting coverage. Tree varieties and
light photometries and locations must be considered. Shade trees should
be used to reduce glare to adjacent properties, buildings and roadways.
(10)
Green space. Green space is that area located generally between
the building improvements, and the parking lot or any required buffering.
The landscape plan for all site submissions shall address the planting
of all green space in accordance with the standards set forth in this
chapter. In the site planning process, the provision and landscaping
of green space or planting areas should be considered to enhance the
visual quantity of a site and provide spatial or directional definition
as follows:
(a)
Planting areas around small office, commercial, and industrial
buildings (buildings less than 10,000 square feet in area), shall
be designed to the building's architecture and use, and provide for
both pedestrian and vehicular access. To provide immediate buffering
and visual relief, a combination of shade trees, ornamental trees
and shrubs shall be provided near the perimeter of the building, and
between the building and parking areas. No minimum quantities are
specified; however, the intent is to provide an aesthetically pleasing
facade to proposed buildings. The designer and the board should consider
the dimension of the landscape area along the proposed use of the
site to determine the appropriate landscape buffer.
(b)
For large office, commercial, and industrial buildings (buildings
of 10,000 square feet or larger) larger-size trees shall be provided
near the building perimeter (within 75 feet). The quantity of trees
shall be equal to one tree for every 40 feet of general building perimeter.
(d)
These trees shall be located in a manner consistent with architectural
and site design and shall provide maximum visual impact. Preserved
or relocated existing vegetation may be utilized to meet this requirement.
(11)
Buffers. Landscape buffers are planting, berms, grading, fences and/or walls provided within the landscape buffer area as designated in Article V of this chapter, or as necessary, to visually soften, screen and/or enhance views and minimize and/or separate any adverse impacts or nuisances from adjacent properties or roads. Consideration should be given to the dimensions of a landscaper buffer area, existing vegetation, structures, topography, intensity and type of land use to determine the appropriate landscape buffer. The following standards are provided for particular types of buffer areas:
(a)
Nuisance landscape buffer. This type of landscape buffer is
appropriate in buffer areas provided between commercial or residential
uses and adjacent commercial or different residential uses or zones
where a continuous visual screen is appropriate. The following standard
shall apply:
[1]
All existing trees and valuable understory vegetation
should be preserved, and the plans must specify appropriate grading
and tree protection details to assure the preservation of the vegetation.
The plans must clearly indicate all vegetation to be preserved and
removed. If the board deems it appropriate, supplemental planting
should be provided to provide a complete visual screen. Quantities
and types of supplemental plantings must respond to the deficiencies
of existing vegetation and complement the existing vegetation and
the overall design and must be indicated in the landscape plan. A
minimum of six feet to eight feet for evergreen tree, two feet to
2 1/2 feet for shrubs and a minimum caliper of two inches to
2 1/2 inches, measured one foot above grade for shade trees,
shall be specified for all supplemental plantings.
[2]
Areas void of significant vegetation shall receive
landscape architectural treatment, including planting, berming, fences
or walls as appropriate. Berms, fences or walls shall be provided
at a height of four feet to six feet or as necessary to provide a
visual screen. The general design, form and materials of fences, walls
and berms should relate to the overall design and the materials utilized
for other structures on the site and be aesthetically pleasing from
all sides. Planting should be provided in conjunction with berming,
fencing or walls or may be provided solely to provide a complete visual
screen and be aesthetically pleasing from all sides. The following
quantities and minimum size guidelines are provided. If berms, fencing
or walls are provided, a decreased quantity of planting may be provided
at the discretion of the board. For every 100 linear feet of buffer
area, measured at the longest line, the following must be provided:
|
Type
|
Quantity
|
Size
| |
|---|---|---|---|
|
Evergreen trees
|
12
|
6 feet to 8 feet in height
| |
|
Shade trees
|
3
|
2 inches to 2 1/2 inches
| |
|
Ornamental trees
|
As required
|
6 to 7 feet in height
1 to 1 1/2 inches caliper*
| |
|
Shrubs
|
As required
|
2 to 2 1/2 feet in height
|
|
NOTE:
| ||
|---|---|---|
|
*
|
Measured one foot above grade
| |
(b)
Filtered buffer. This type of landscape buffer is appropriate
in buffer areas or green space which is provided to soften the impact
of a land use yet still allow views beyond the buffer area. In particular,
this type of buffer shall be provided around the perimeter of a site
which abuts a lane, street, road, highway or adjacent site and where
complete visual screen is not appropriate. A buffer shall be provided
to screen unsafe distractions such as glaze from cars and light standards;
to provide a visually pleasing environment; and to provide spatial
definition to avoid confusion. The following standards shall apply:
[1]
All existing trees and valuable understory vegetation
should be preserved, and the plans must specify appropriate grading
and tree protection details to assure the preservation of the vegetation.
The plans must clearly indicate all vegetation to be preserved and
removed. If the board deems it appropriate, supplement planting should
be provided to provide a filtered visual screen. Quantities and types
of supplemental plantings must respond to the deficiencies of existing
vegetation and complement the existing vegetation and the overall
design and must be indicated on the landscape plan. A minimum height
of six to eight feet for evergreen trees, two to 2 1/2 feet for
shrubs, six to seven feet and one to 1 1/2 inches caliper, measured
one foot above grade, for ornamental trees and a minimum caliper of
two to 2 1/2 inches, measured one foot above grade, for shade
trees shall be specified for all supplemental plantings.
[2]
Areas void of significant vegetation shall receive
landscape architectural treatment, including planting, berming, fences
or walls as appropriate. Berms, fences or walls should be provided
at a height of two to four feet as necessary to provide an appropriate
buffer. The general design, form and materials of fences, walls and
berms should relate to the overall design and the materials utilized
for other structures on the site and be aesthetically pleasing from
all sides. Planting should be provided in conjunction with berming,
fencing or walls or may be provided solely to provide an appropriate
screen and a visually interesting and pleasing area emphasizing appropriate
views. Parked vehicles shall be buffered as viewed from all areas
outside of the parking area. The following quantities and minimum
size guidelines are provided. If berms, fencing or walls are provided
a decreased quantity of planting may be provided at the discretion
of the board. For every 100 linear feet of buffer area, measured at
the longest line, the following must be provided:
|
Type
|
Quantity
|
Size
| |
|---|---|---|---|
|
Evergreen trees
|
As required
|
6 to 8 feet in height
| |
|
Shade trees
|
4
|
2 to 2 1/2 inches caliper*
| |
|
Ornamental trees
|
As required
|
6 to 7 feet in height
1 to 1 1/2 inches caliper*
| |
|
Shrubs
|
55
|
2 to 2 1/2 feet in height
|
|
NOTE:
| ||
|
*
|
Measured one foot above grade.
| |
(c)
Windbreak/heavy/screening. This type of buffer is appropriate in buffer areas where the additional need of a windbreak to stop windborne debris from leaving a site is necessary or around objectionable facilities or utility structures where a dense complete visual screen is appropriate. This would include buffer areas around outdoor storage facilities, loading area or solid waste disposal facilities (dumpsters) or when an undersized buffer area is provided and the standards specified in Subsection C(5)(a), nuisance landscape buffer, are not sufficient at the discretion of the board. The following standards shall apply:
[1]
Provide a fence, wall or planting which will create
a dense complete visual screen. The height of the fence, wall or planting
should be designed relative to the facility being screened and shall
be subject to the approval of the board. The general design, form
and materials of fences or walls should relate to the overall design
and the materials utilized for other structures on the site or neighborhood
and be aesthetically pleasing from all sides. Planting should be included
in conjunction with any fence or wall.
[2]
If planting alone is provided, then a double staggered
row of dense evergreen plants shall be specified. The spacing between
individual plants shall be as necessary to provide a continuous hedge
with plants touching at the time of installation. The installed and
mature height of the plants must respond to the height of the area
or facility being screened and the views from adjacent areas and shall
be subject to the approval of the board.
[3]
The plan submission should include an illustrative
section drawing demonstrating the effectiveness of the buffer.
(12)
The applicant shall provide an irrigation system to all landscape
areas.
(13)
All disturbed areas not landscaped in accordance with the preceding
shall be seeded or sodded.
(14)
Alternate forms of landscape treatments, such as decorative
stone ground cover, shall be considered by the board on a case-by-case
basis.
(15)
Tree holes. A hole in which a tree is to be planted shall be,
in each case, one-third larger in width and in depth that the existing
root ball of the particular tree to be planted. The hole for a tree
to be planted shall contain proper amounts of topsoil and peat moss,
but no chemical fertilizer shall be added until the tree has been
planted for one year.
(16)
Applicant shall post a performance guarantee in accordance with § 410-137 to guarantee the installation of all landscaping. The amount of guarantee shall be as estimated by the Township Engineer.
(17)
In the maintenance bond required by the municipality, provision
shall be made to cover the replacement of all landscaping, which may
die during the maintenance bond period.
(18)
Site maintenance.
(a)
Site maintenance shall include irrigation of all plantings,
removal and replacement of dead trees and shrubs, removal of wind
blown trash and leaves, upkeep of all landscape areas, maintenance
of fences, walls or berms, weed control and all lawn care. Site maintenance
shall also include the removal and replacement of all trees and shrubs
destroyed during storm events. Generally, under site maintenance,
the site must be maintained in the same visual and aesthetically pleasing
condition as was approved by the Land Use Board under site plan approval.
(b)
While the site is under maintenance bond, the applicant shall
be responsible for all site maintenance. Thereafter, in perpetuity,
site maintenance shall be the responsibility of the property owner.
(c)
Trees and shrubs being replaced, at a minimum, shall be replaced
at the initial size stipulated in this section.
(d)
Failure of the applicant, or any subsequent owner to maintain
the landscape plan, as approved by the Township's Land Use Board,
shall be considered a violation of the approved site plan.
(e)
Any site plan hereinafter approved with a landscape plan shall
include a provision in writing that failure to maintain the landscaping,
as approved in said plan, shall be deemed a violation thereof.
(f)
All proposed decreases in site plan approved landscaping, including
tree and shrub removal, must be approved by the Land Use Board. This
does not include replacement of dead trees and shrubs.
D.
Commercial design standards.
(1)
Purpose.
(a)
This subsection addresses building style, materials, color and
site issues in an effort to develop a defined architectural character
for the commercial zones of the Township. These standards shall apply
to new construction as well as to existing buildings seeking approval
for expansion and/or renovation within the subject zones.
(b)
The design elements included herein are intended to encourage
architectural quality that is human-scaled and visually appealing
within the context of the building style and theme identified by the
Township. Such issues are especially critical at this stage in Ocean
Township's growth process, as the Township has the unique opportunity
to guide development that will harmonize with its varied natural environment.
(c)
These standards shall be construed as minimums. Developers are
encouraged to exceed such minimums to the extent appropriate to the
size and scale of the development proposed.
(4)
Submission requirements.
(a)
Applicants seeking Land Use Board approval for development,
expansion or renovations of commercial property with the C-1 and C-2
Zones shall, in addition to any requirements found elsewhere in the
Township's land development ordinance, submit full-color renderings
depicting each building elevation which may be visible from a public
right-of-way or an adjacent parcel. Said renderings shall be from
the pedestrian perspective, and shall be sufficient in scope and detail
to represent the view a pedestrian or driver may see from that specific
direction.[3]
(b)
Applicants seeking Land Use Board approval as indicated shall
submit a cross-section profile of the proposed development sufficient
to indicate the relationships of the various components of the proposed
development to each other. Such relationships shall include, but need
not be limited to, height, massing and distance between buildings.
(c)
A landscaping plan, produced by a New Jersey licensed landscape
architect, is required for all development as indicated herein. Such
plan shall include all plant materials, landscaping, streetscaping
and hardscaping, lighting and other applicable elements proposed for
the development in question.
(d)
Samples of proposed building siding, roof shingles, hardscaped pavers and other appropriate materials governed by these design standards, as well as catalogue details for lighting, signage and similar building and site elements, shall be submitted to the Land Use Board at time of application. The Land Use Board shall have the sole authority for determining conformance of these materials to the intent of these design standards in accordance with Subsection D(1) herein.
(5)
Design standards.
(a)
Sidewalks.
[1]
All development along a right-of-way shall incorporate a minimum
four-foot wide public sidewalk adjacent to the right-of-way. For development
on Route 9, sidewalks shall be located within the right-of-way at
a minimum of one foot off of the property line.
[2]
Such sidewalks shall connect with sidewalks on contiguous properties,
or shall be designed to make such a connection where no contiguous
sidewalks exist in order to provide for a continuous pedestrian pathway
along public streets.
[3]
Sidewalks shall not be linear along a single plane, but shall
be designed to gently meander along the length of the property's street
frontage in order to provide visual interest to the area as well as
to avoid existing utilities, street signage or other obstructions.
[4]
To provide for internal pedestrian circulation and access to
buildings from the aforementioned sidewalks along the right-of-way,
all such sidewalks shall connect to the building entrances by means
of a perpendicular sidewalk "branch" of similar materials and design.
[5]
Sidewalks shall incorporate textures, details and decorative
elements by use of pavers, textured or colored concrete, brick band
strips or other materials to bring relief to the paved environment.
(b)
Building facades.
[1]
Building architecture provides visual cohesiveness across otherwise
disparate land uses and creates definition and identity. Accordingly,
development in the commercial zones shall recognize the Township's
heritage as a maritime (ship building) village largely settled in
the 18th Century. Such heritage shall be reflected in the type and
character of the buildings in these zones.
[2]
Building design shall be reflective of shingle-style architecture,
seashore Victorian adornments and/or turn-of-the-century (1900) seashore
cottages. Shingles may be neutral cedar or vinyl or other manufactured
cedar-type product. Shingles may be left natural, or may be stained
or painted at the discretion of the property owner.
[3]
If painted, colors shall be subtle, neutral pastel or earth
tones, with nonreflective finish. Building trim and accent elements
may be a more vibrant, contrasting color, provided that such color
is a compatible or recognized contrasting color to the dominant field
color of the building. Examples of acceptable color palates include
but are not limited to:
[5]
Exterior insulation finish systems (EIFs), smooth-faced concrete
block (CMU), stucco or stucco-like products (Dryvit® or similar),
barnboard (T-111) and prefabricated steel panels are prohibited.
[6]
Foundation walls shall be treated with latticework, brickwork
or organic or manufactured stone. Exposed chimneys shall be clad with
brick, organic or manufactured stone or other appropriate material.
Exterior insulation finish systems (EIFs), smooth-faced concrete block
(CMU), stucco or stucco-like products (Dryvit® or similar), exposed
metal or bare parge coating shall be prohibited.
[7]
All exterior building facades visible from a public right-of-way
or an adjacent parcel shall coordinate form, materials, color and
detailing to achieve continuity for all such building elevations.
While the level of finish need not be as detailed as the front (primary)
elevation, the goal of this regulation is to enhance the aesthetic
of the community by providing guidance for visible building elements.
Blank, windowless walls visible from a public right-of-way or an adjacent
parcel are prohibited.
[8]
Security grates, where employed, shall be metal mesh and shall
be installed on the interior of the subject window or door. Exterior,
overhead, garage-type security grates are prohibited.
(c)
Roofs.
[1]
In keeping with the desired nautical/seashore style architecture,
roofs shall be designed in hip, gable or gambrel type and shall be
appropriately sloped.
[2]
Architectural elements such as gables, dormers, cupolas, cornices
or other appropriate features are encouraged. Said elements may be
decorative or functional. Within this context, architectural elements
providing the appearance of a sloped roof shall be used for the perimeter
of a flat-roofed building. Visible flat roofs are prohibited.
[3]
Roofing materials shall be cedar, asphalt or fiberglass shingles
and shall be textured to resemble natural materials. Standing seam
metal roofs, without other appropriate aesthetic adornment, are prohibited.
[4]
Roof colors shall provide strong but harmonious contrast to
exterior building facades. Color choices for asphalt or fiberglass
shingles shall resemble natural, weathered materials.
(d)
Lighting.
[1]
Curbside streetlighting.
[a]
All development within the Township's commercial
(C-1 and C-2) zones shall include curbside streetlighting. The number,
spacing and placement of lighting fixtures shall be governed by the
size (street frontage) of the development parcel and shall be subject
to approval by JCP&L. As a condition of approval, the site plan
shall be revised to incorporate the JCP&L approved streetlighting
plan.[4]
[b]
Curbside streetlighting fixtures shall be "ornate
acorn-style post-top luminaire," with twelve-foot by nine-inch ornate
fiberglass pole, 70 watt output minimum as provided by JCP&L,
Fixture No: K199-EAR-11-70-HPS-120-K12-PR, K199-EAR-V-70-HPS-120-K12-PR,
or equivalent.
[2]
Building lighting.
[a]
All building lighting shall be building-mounted
downlighting or ground-mounted uplighting. Fixtures shall be appropriately
placed and shall complement the architectural style of the building.
[b]
Awning or canopy lighting shall be direct lighting
from building-mounted downlighting or from ground-mounted uplighting.
No awning or canopy shall be internally illuminated.
(e)
Signage.
[1]
Except as expressly provided for herein, building or site signage proposed for the Township's commercial (C-1 and C-2) zones shall conform to Chapter 299, Signs, of the Code of the Township of Ocean and Article IX, Signs, of this chapter. Within this context, all such signage shall reflect the Township's heritage as a maritime village and shall employ design elements (structural hardware as well as sign face and print style) suggestive of this nautical character.[5]
[2]
Signage in the Township's commercial zones, other than those
areas which have received or require approval from the Ocean Township
Redevelopment Committee, may be freestanding or wall-mounted.
[Amended 5-12-2011 by Ord. No. 2011-7]
[3]
One freestanding sign shall be permitted for each lot and shall conform to Chapter 299, Signs, of the Code of the Township of Ocean and Article IX, Signs, of this chapter. Such signs may be pole or ground signs, and shall be located so as not to obstruct a sight triangle.
[Amended 5-12-2011 by Ord. No. 2011-7]
[4]
Wall signs shall be limited to one such sign per building wall
per business. Each such sign shall be no greater than 32 square feet,
and the total sum area of all of the sign faces shall not exceed 5%
of the affected building wall. All such signs, be they on the same
wall or on different walls, shall be of the same or substantially
similar design.
[5]
Awnings or canopies are encouraged as building adornments in
the C-1 and C-2 Zones. As such, awnings or canopies may be imprinted
with lettering to form a sign for the subject business. In such cases,
no additional building signage shall be permitted. The fabric or covering
constituting an awning or canopy sign shall be completely removed
and replaced upon change of name, lettering or other contents of the
sign. Removing lettering and leaving a faded or otherwise shadowed
covering shall be prohibited.[6]
[6]
Awning and canopy colors may be deeper, stronger or more vibrant
than the background color of the host building, pending approval by
the Land Use Board on a case-by-case basis.
[7]
Marquee signs are prohibited, unless such signs are structurally
and functionally part of an awning or canopy as provided for herein.
(f)
Landscaping.
[1]
In addition to the landscaping regulations contained in Subsection C of this section, landscaping for developments subject to these design standards shall incorporate native grasses, ground cover and flowering plants indigenous to the southern New Jersey coastline. Such plant material may be augmented by nonnative species to provide for a variety of color and texture as appropriate.
[2]
Such landscaping shall include foundation plantings to fully
screen building foundations, and shall be used to provide color and
visual interest to all areas of the development.
(g)
Parking.
[1]
All parking lots for commercial buildings shall be located to the rear of the subject building. Said parking lots shall be fully fenced and consistent with Subsection D(5)(f) and (h) herein and shall be fully landscaped in order to screen the lot from view from any public right-of-way or adjacent parcel.
(h)
Public commons.
[2]
"Public commons" shall be defined as those spaces between the
building and a public right-of-way which are reserved or set aside
for public rest and recreation and as a focal point for visual appreciation.
A public commons may be a portion of a front lawn, an expanded portion
of a planting strip, an expanded portion of a planting strip, an expanded
traffic island in a parking lot or other similar area which is made
available for public enjoyment.
[3]
Public commons shall be fully landscaped and/or hardscaped and
shall include such amenities as gazebos, pergolas, arcades or similar
semi-open structures; monuments or other statuary; street furniture
such as picnic tables, benches and trash receptacles; decorative bollards
and lighting; and such other normal and customary landscaping elements
as may be appropriate.
[4]
The size, number and treatment of public commons shall be appropriate
to the size and scale of the subject development. Within this context,
larger developments may require larger or multiple public commons
areas. However, in no case shall a public commons be smaller than
100 square feet.
A.
As a condition of major site plan approval, the municipal approval
may require that the developer install certain improvements on site,
to ensure:
(1)
Adequate vehicular and pedestrian circulation to accommodate
prospective traffic into and out of and within the site;
(2)
Adequate off-street parking and loading areas;
(3)
Adequate water supply, drainage, shade trees, sewerage facilities
and other utilities necessary for essential services to residents
and occupants;
(4)
Adequate landscaping and any screening necessary to protect
adjoining uses.
A.
Amount; estimate.
(1)
A performance guarantee in favor of the Township in an amount
not to exceed 120%, 10% of which shall be posted with the Township
in the form of cash or certified check, estimated by the Township
Engineer according to the method of calculation set forth in Section
15 of P.L. 1991, c.256,[1] for improvements which the approving authority may deem
necessary or appropriate including streets, grading, pavement, gutters,
curbs, sidewalks, streetlighting, shade trees, surveyors' monuments,
as shown on the final map and required by the Map Filing Law, P.L.
1960 c. 141 (N.J.S.A. 46:26-9.9 et seq.), water mains, culverts, storm
sewers, sanitary sewers or other means of sewage disposal, drainage
structures, erosion control and sedimentation control devices, public
improvements of open space and, in the case of site plans only, other
on-site improvements and landscaping.
[1]
Editor's Note: See N.J.S.A. 40:55D-53.4.
(2)
The Township Engineer shall prepare an itemized cost estimate
of the improvements covered by the performance guarantee, which itemized
cost estimates shall be appended to each performance guarantee posted
by the obligor.
B.
Such performance guaranty shall cover the cost of installation of
the improvements as may be required under this chapter, including
streets, grading, pavements, gutters, curbs, sidewalks, streetlighting,
shade trees, surveyors' monuments, as shown on the final map and required
by the Map Filing Law, P.L., 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.)
water mains, culverts, storm sewers, sanitary sewers or other means
of sewage disposal, drainage structures, erosion control and sedimentation
control devices and public improvements of open space. The cost as
determined by the Township Engineer shall be according to the method
of calculations set forth in Section 15 of P.L. 1991, c.256[2] as of the time of the passage of the resolution. The amount
of the performance bond posted by cash or certified check shall, on
a pro rata basis, continue to equal 10% of the amount, not to exceed
120% of the cost of the installation, as determined by the Township
Engineer.
[2]
Editor's Note: See N.J.S.A. 40:55D-53.4.
C.
Such performance guaranty shall be in favor of the Township in an
amount not to exceed 120% of the cost of the required improvements
and shall run for a period not to exceed 24 months. However, with
the consent of the developer and the surety, if there is one, the
Township Committee may, by resolution, extend the term of the performance
guaranty for, a period not to exceed an additional 12 months. Such
completion or correction of improvements shall be subject to the public
bidding requirements of the Local Public Contracts Law, P.L. 1971,
c.198 (N.J.S.A. 40A:11-1 et seq.).
D.
Request for list of uncompleted improvements.
(1)
Upon substantial completion of all street improvements (except for the top course) and appurtenant utility improvements, and the connection of to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Township Clerk that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2)
The list prepared by the Township Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
E.
Approval or rejection of improvements; failure to provide list.
(1)
The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer, or reject any and all of these improvements upon the establishment and the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made and the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to insure completion and acceptability of all improvements.
(2)
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection D of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the municipal engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(3)
If the governing body fails to approve or reject the improvements determined by the municipal engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the municipal engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee pursuant to Subsection A of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
F.
If any portion of the required improvements are rejected, the approving
authority may require the obligor to complete or correct such improvements
and, upon completion or correction, the same procedure of notification,
as set forth in this subsection shall be followed.
G.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
governing body or the municipal engineer.
H.
The obligor shall reimburse the Township for all reasonable inspection
fees paid to the municipal engineer for the foregoing inspection of
improvements; provided that the Township may require of the developer
a deposit for (all or a portion of the reasonably anticipated fees
to be paid to the municipal engineer for such inspection) the inspection
fees in an amount not to exceed, except for extraordinary circumstances,
the greater of $500 or 5% of the cost of improvements, which cost
shall be determined pursuant to Section 15 of P.L. 1991, c.256.[3]
[3]
Editor's Note: See N.J.S.A. 40:55D-53.4.
I.
In the event that, final approval is by stages or sections of development
pursuant to subsection a of Section 29 of (this act) P.L. 1975, c.291
(N.J.S.A. 40:55D-38), the provisions of this section shall be applied
by stage or section.
A.
Provision for a maintenance guarantee must be posted with the Township
for a period not to exceed two years after final acceptance of the
improvements, in an amount not to exceed 15% of the cost of the improvements,
which cost shall be determined by the Township Engineer according
to the method of calculation set forth in Section 15 of P.L. 1991,
c.256.[1] In the event that other governmental agendas 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, the performance or maintenance guarantee,
as the case may be, shall be required by the Township for such utilities
for improvements.
[1]
Editor's Note: See N.J.S.A. 40:55D-53.4.
B.
Nothing herein, however, shall be construed to limit the right of
the developer to contest by legal proceedings any determination of
the Township Committee or the Township Engineer.
C.
The developer shall reimburse the Township for all reasonable inspection
fees paid to the Township Engineer for the foregoing inspection of
improvements.
A.
Prior to the granting of final approval of a site plan or the issuance
of a building permit for any use of property on an unimproved street,
or where any off-site improvements have not then been installed, the
developer shall pay his/her pro rata share of the cost of providing
any reasonable and necessary street improvements and water, sewerage,
and drainage facilities and easements therefor located outside the
property limits of the development, but necessitated or required by
construction or improvements within the development. All payments
shall be in the manner provided in this chapter.
B.
The Township Committee, with the assistance of the Planning Board
and other appropriate municipal agency or official, shall, prior to
the imposition of any condition on a development application, determine
whether the required or necessary off-site improvement is to be constructed
by the Township as a general improvement or as a local improvement
or whether such development is to be constructed by the developer
with a formula providing for partial reimbursement if the improvement
specially benefits properties other than those of the developer.
C.
Once the foregoing determination has been made, the Planning Board
and other appropriate municipal agency shall estimate, with the aid
of the Township Engineer and such other persons having pertinent information
or expertise, the cost of the improvement and the amount by which
all properties to be serviced thereby, including the developer's property,
will be specially benefited therefrom.
D.
Following the aforesaid determinations, the developer may be required
to provide, as a condition for approval, a bond or cash deposit to
ensure payment to the Township of one of the following amounts:
(1)
If the improvement is to be constructed by the Township as a
general improvement, an amount equal to the difference between the
estimated cost of the improvement and the estimated total amount by
which all properties to be serviced thereby, including the developer's
property, will be specially benefited by the improvement.
(2)
If the improvement is to be constructed by the Township as a local improvement, then in addition to the amount referred to in Subsection D(1) of this section, the estimated amount by which the developer's property will be specially benefited by the improvement.
(3)
If the improvement is to be constructed by the developer, an
amount equal to the estimated cost of the improvement.
E.
The amounts of money required pursuant to this section shall be estimated
sums, and such amounts shall be redetermined by the Township following
the completion of the improvement to ensure that the developer shall
pay only his/her appropriate share of the cost thereof.
F.
Should a developer pay under protest the amount which has been determined
as his/her pro rata share, legal action shall be instituted within
one year of such payment in order to preserve the right to a judicial
determination as to the fairness and reasonableness of such amount.
G.
In the event that the developer shall not be required to install
off-site improvements by virtue of the provisions of this section,
then and in that event there shall be paid to the Township Treasurer
the amount of the developer's share of the finally determined cost
of the off-site improvements. All moneys received by the Township
in accordance with the provisions of this section shall be deposited
in an interest-bearing account, and such funds shall be used only
for the improvements for which they are deposited or improvements
serving the same purpose. If the improvements are not initiated within
a period of five years from the date of payment or other mutually
agreeable period of time, all deposited funds shall be returned to
the developer, together with accumulated interest.
A.
The municipal board, when acting upon applications for preliminary
or final site plan approval, shall have the power to grant such exceptions
from the requirements for site plan approval as may be reasonable
and within the general purpose and intent of the provisions for site
plan review and approval, 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.
If such exception is granted, it shall be done by a resolution of
the municipal board which sets forth the reasons for the exception
in the particular case and demonstrates that the exception will not
have an adverse effect on surrounding properties, the neighborhood
or the Township in general.
B.
The municipal board may also waive any of the requirements of this
chapter or details specified to be shown on the site plan in any given
application if said board determines that strict adherence to said
requirements or details would be superfluous or unduly burdensome
to the applicant and not in the best interest of the Township. The
board, in its discretion, may permit an applicant to use alternative
types of improvements where good cause is shown and where the proposed
type of improvement would at least be the equivalent of the improvement
standards in this chapter.
Nothing set forth in this chapter shall prevent any developer
from submitting preliminary and final site plan applications simultaneously,
provided that all requirements for the submission of each application
separately have been met. The municipal board shall then determine
if they wish to process the applications simultaneously.
Applications for approval of minor site plans shall be submitted
and processed by the Planning Board in the following manner:
A.
At least 15 days prior to the meeting of the Planning Board, the developer shall file with the administrative officer 13 complete applications, accompanied by the fee prescribed in Article XX of this chapter along with 13 copies of a survey or plat of the subject premises.
B.
The survey or plat submitted shall be current and shall be prepared
and certified by a licensed land surveyor. It shall include the boundaries
of the property, shall delineate all buildings, the square footage
and dimensions thereof, shall show all fences, curbs, sidewalks, driveways,
sewer facilities and other physical features. The proposed parking
and loading areas shall also be indicated.
C.
Minor site plan applications shall be granted or denied within 45
days of the date of submission of a complete application to the administrative
officer of the Planning Board or within such additional time as may
be consented to by the developer.
D.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor site plan approval was
granted, shall not be changed for a period of two years after the
date of minor site plan approval.
In the event that the Township is required to institute litigation
against the developer or the provider of the performance guarantee,
or maintenance guarantee, because of the failure to properly install
or maintain the site improvements for which the guarantee has been
posted with the Township, then and in that event the Township shall
be entitled to seek reimbursement for all reasonable costs of suit
and attorney's fees in the event that the litigation results in a
successful determination in favor of the Township.
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period the plat
shall have been duly filed by the developer with the county recording
officer. The Planning Board may for good cause shown extend the period
for recording for an additional period not to exceed 190 days from
the date of signing of the plat. The Planning Board may extend the
ninety-five-day or one-hundred-ninety-day period if the developer
proves to the reasonable satisfaction of the Planning Board: that
the developer was barred or prevented, directly or indirectly, from
filing because of delays in obtaining legally required approvals from
other governmental or quasi-governmental entities; and that the developer
applied promptly for and diligently pursued the required approvals.
The length of the extension shall be equal to the period of delay
caused by the wait for the required approvals, as determined by the
Planning Board. The developer may apply for an extension either before
or after the original expiration date.
The approving authority shall, for the purposes of Section 41
of P.L. 1975, c.291 accept a performance guarantee or maintenance
guarantee which is an irrevocable letter of credit if it:
A.
Constitutes an unconditional payment obligation of the issuer running
solely to the Township for an express initial period of time in the
amount determined pursuant to Section 41 of P.L. 1975, c.291 (N.J.S.A.
40:55D-53);
B.
Is issued by a banking or savings institution authorized to do and
doing business in this state;
C.
Is for a period of time of at least one year; and
D.
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 chapter 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.
The cost of the installation of improvements for the purposes
of Section 41 of P.L 1975, c.291 (N.J.S.A. 40:55D-53) shall be estimated
by the Township Engineer based upon documented construction costs
for public improvements prevailing in the general area of the Township.
The developer may appeal the Township Engineer's estimate to the governing
body. The governing body shall decide the appeal within 45 days after
receipt of the appeal in writing by the Township Clerk. After the
developer posts a guarantee with the Township based on the cost of
the installation of improvements as determined by the governing body,
he/she may institute legal action within one year of the posting in
order to preserve the right to a judicial determination to the fairness
and reasonableness of the amount of the guarantee.
The Township shall include as a condition of approval of an
application for development the installation of streetlighting on
a dedicated public street connected to a public utility. Upon notification
in writing by the developer to the approving authority and the governing
body of the Township that: the streetlighting on a dedicated public
street has been installed and accepted for service by the public utility;
and that certificates of occupancy have been issued for at least 50%
of the dwelling units and percent of the floor area of the nor residential
uses on the dedicated public street or portion thereof indicated by
section pursuant to Section 29 of P.L, 1975, c.291 (N.J.S.A. 40:55D-38),
the Township shall, within days following receipt of the notification,
make appropriate arrangements with the public utility for, and assume
the payment of, the costs of the streetlighting on the dedicated public
street on a continuing basis. Compliance by the municipality with
the provisions of this section shall not be deemed to constitute acceptance
of the street by the municipality.
