Township of Independence, NJ Article VIII Site Plan Review and Conditional Uses

[Added 10-24-1985 by Ord. No. 85-10]

§ 255-50 Title.

This article shall be known as the "Site Plan Review Ordinance of Independence Township."

§ 255-51 Purpose.

The purpose of this article shall be to establish standards and procedures for approval of development, other than those activities exempted hereafter, in order to:

A. Preserve existing natural resources.

B. Provide for safe and efficient vehicular and pedestrian circulation.

C. Provide for screening, landscaping, outdoor advertising and lighting.

D. Ensure compliance with appropriate designs standards.

E. Develop safeguards to minimize impact on the environment, including but not limited to soil erosion and air and water pollution.

F. Ensure adequate water supply, drainage, stormwater management, sanitary facilities and other utilities and services.

G. Provide for recreational open space and public use areas.

§ 255-52 Approving agency.

[Amended 2-13-2007 by Ord. No. 2007-07]

The provisions of this article shall be administered by the Land Use Board and the Township of Independence except in those instances where an application involves a use variance pursuant to N.J.S.A. 40:55D-70D of the Municipal Land Use Law of the State of New Jersey, in which case the Board of Adjustment shall exercise the jurisdiction over same.[1]

[1] Editor's Note: The Board of Adjustment was repealed 2-13-2007 by Ord. No. 2007-07. Its powers and duties are now exercised by the Land Use Board. See Art. II of this chapter.

§ 255-53 General provisions.

A. Applicability. Approval of a site plan shall be required prior to the issuance of a construction permit or a certificate of occupancy, except for the following:

(1) Accessory buildings to agricultural and/or horticultural uses.

(2) One- or two-family dwellings.

(3) Building alterations with no additional floor area and requiring no additional parking.

(4) Changes in use not requiring additional parking.

B. Waiver of site plan approval. Notwithstanding the fact that site plan approval may be required by this chapter, the Land Use Board may waive the application and review process if the proposed development does not significantly affect existing circulation, drainage, building arrangements or other considerations of site plan review.

[Amended 2-13-2007 by Ord. No. 2007-07]

C. Waiver of site plan details. The Land Use Board may waive the submission of portions of the technical data required by this article if it is determined by the Board that said data is not necessary to arrive at an informed decision.

[Amended 2-13-2007 by Ord. No. 2007-07]

D. Site Plan Committee. The Chairman of the Land Use Board shall appoint a Site Plan Committee consisting of three members of the Land Use Board, which Committee shall:

[Amended 2-13-2007 by Ord. No. 2007-07]

(1) Review applications as to compliance with ordinances.

(2) Recommend classification of a site plan as minor or major.

(3) Recommend appropriate action to the Land Use Board.

E. Conditional uses. The Land Use Board shall grant or deny conditional uses simultaneously with an application for site plan approval or subdivision, which review shall not require a separate application or separate hearing.

[Amended 2-13-2007 by Ord. No. 2007-07]

F. Major versus minor site plans.

(1) A "minor site plan" shall be defined as a site plan where:

(a) The construction involves a building housing a permitted use.

(b) Less than eight new parking spaces are proposed by the site plan.

(c) Less than 3,500 square feet of additional floor space is proposed.

(d) Total building coverage is less than 15%.

(2) All site plans which do not meet the criterion of a minor site plan shall be considered major site plans.

§ 255-54 Approval procedure.

A. Filing and referral. An applicant for site plan approval shall submit 12 copies of all required maps and exhibits, together with an application form and all fees as per § 255-17, to the Clerk of the reviewing Board, who shall then refer the site plan and exhibits to the Site Plan Committee and the County Planning Board. The time for review by the full Board shall not begin to run until the submission of a completed application form, required fees and a properly detailed site plan. If any of the foregoing items are incomplete, the developer shall be notified of the deficiencies in writing within 45 days of the submission of the application. The Board Clerk is hereby designated to make the aforesaid notifications.

B. Site Plan Committee review. The Site Plan Committee shall review the application and make its recommendations within 30 days of its receipt of the application.

C. Informal review. Prior to submission of the application to the full Land Use Board, an applicant may request an informal conference with the Site Plan Committee, which shall not be bound by any statutory time limitations. Any recommendations made by the Site Plan Committee shall not be binding on the Land Use Board.

[Amended 2-13-2007 by Ord. No. 2007-07]

D. Plat details and information required as part of a complete application.

(1) Preliminary major site plans.

(a) A site plan on which the following is set out shall be required:

[1] The scale, not to exceed one inch equals 50 feet.

[2] The name and address of the applicant and the owner and the name, address and title of the person preparing the plan and maps, including appropriate map titles and accompanying data. Maps shall be prepared by a professional engineer licensed to practice in New Jersey.

[3] The acreage and Municipal Tax Map lot and block numbers of the lot or lots.

[4] A key location map showing the site and its relationship to the surrounding area, and zone boundaries within a minimum of 1/4 mile.

[5] Front yard, rear yard and side yard lines shall be shown.

[6] A date, graphic scale and North arrow.

[7] All existing, proposed and minimum required setback dimensions, landscape areas, fencing and trees over 10 inches in diameter, except that where trees are in mass, only the limits thereof shall be shown.

[8] All existing and proposed signs, utility poles and their size and location.

[9] The location of the existing and proposed principal structures and accessory structures, if any, with floor areas of structures and finished grade elevations at all corners.

[10] The location of all existing buildings and drainage and parking areas within 200 feet of the lot.

[11] Existing and proposed topography depicted by contours at two-foot intervals based upon New Jersey Geodetic Control Survey datum and a general indication of proposed grading. (Aerial topographic information is available at the office of the Township Clerk.) If the slope exceeds 20%, contour intervals may be five feet.

[12] The location and size of all existing and proposed storm drainage facilities, together with a surface water management plan, as per the Surface Water Management Ordinance of Independence Township,[1] and an analysis of the capacity of the facility into which the stormwater will flow.

[1] Editor's Note: See now Ch. 339, Stormwater Management.

[13] The location of all existing and proposed sidewalks, driveways, fences, retaining walls, parking space areas and the layouts thereof and all off-street loading areas, together with the dimensions of all of the foregoing on the site in question and within 100 feet of said site.

[14] The estimated average number of automobiles and number and size or type of trucks or buses that will enter and leave the site each day and during the peak hours, including an analysis of the ability of the existing road system to accept the additional traffic volumes.

[15] The location, size and nature of all existing and proposed rights-of-way, easements and other encumbrances which may affect the lot or lots in question and the location, size and description of any lands to be dedicated to the Township or to the county.

[16] The location, size and nature of the entire lot or lots in question and any contiguous lots owned by the applicant or in which the applicant has a direct or indirect interest even though only a portion of the entire property is involved in the site plan for which approval is sought; provided, however, that where it is physically impossible to show such entire lot or lots or contiguous lots on one map, a key map thereof shall be submitted.

[17] Indication of the maximum available site distance at a point 10 feet from the traveled way.

[18] The method of sewage disposal, water, electrical and other utilities and the preliminary design thereof.

[19] Proposed stages or development sections, if any, and the approximate schedule for implementing such stage or section.

[20] A landscape and planting plan prepared by an engineer, architect or landscaper. As a minimum, such plan shall spot the location of all existing plantings to be retained and all plantings to be established and shall contain a schedule, keyed to the plantings shown, calling out the type (common name and botanical name), size (height, spread and trunk diameter) at time of planting and at maturity and quantity of all plantings shown on the plan.

[21] All existing and proposed lighting standards, including isolux patterns, and indicating the size, type of construction and location.

[22] An accurate boundary survey prepared and certified by a New Jersey licensed land surveyor. The survey shall be based on a field traverse with an error of closure of not less than one part in 10,000.

[23] During the course of hearing the application, the reviewing Board may request, in particular cases, the providing of an environmental impact statement, information on water yields, traffic, road capacities and similar information as per Article VI of Chapter 255 of the Township Code.

[24] All points of vehicular ingress and egress for the site, indicating the size of driveways and sight triangles based on 10 feet from the traveled way.

[25] Construction details of all site improvements, which shall be in conformance with Township standards.

[26] Provision for refuse and garbage disposal.

[27] Location of all points of pedestrian ingress and egress.

[28] Construction details of all proposed site improvements.

(2) Final major site plans. A site plan shall be required in the same form and with the same information as required for the preliminary site plan, together with the following additional information and/or details:

(a) An affidavit of the owner and other parties in interest that the site plan is submitted with their knowledge and consent.

(b) The names of all adjoining owners.

(c) Architectural floor plans for each floor of the building or structure and elevations from all principal exposures of all buildings or structures on the sites, but not less than four, with the name, address and registration number of the licensed architect preparing the plans.

(d) All proposed easements and public and community access.

(e) The location, size and type of all proposed off-site improvements.

(f) Location and design of all fire prevention measures, including emergency lanes, hydrants, sprinkler and siamese connections and fire zones.

(g) The present and proposed number of units and number of tenants, employees, customers or occupants of each unit and a summary of the total number of each expected to be on the site each day.

(h) The location of any other feature directly on the property and beyond the property, if such feature has an effect on the use of said property.

(i) Such information or data as may be required by the Board in order to determine that the details of the site plan are in accord with the standards of the ordinances of the Township.

(j) A complete list of the site improvements, except principal and accessory buildings, by item, and the quantities thereof to be constructed.

(3) Minor site plans.[2] A site plan shall be required in the same form and with the same information as required for a preliminary and final major site plan, with the following exceptions:

(a) Finished grade elevations need not be shown.

(b) The location of all existing buildings, drainage and parking areas within 200 feet of the lot need not be shown.

(c) Drainage calculations may be based on estimates.

(d) Topography shall be based on United States Geological Survey datum.

(e) The estimated average number of vehicles entering and leaving the site need not be shown.

(f) The method of sewage disposal and water supply and preliminary design thereof need not be shown. Area reserved for sewage disposal shall be shown.

(g) Proposed stages or development sections need not be shown.

(h) Names of all adjoining owners need not be shown.

(i) Architectural floor plans need not be shown.

(j) Points of pedestrian ingress and egress need not be shown.

(k) Fire prevention measures need not be shown.

[2] Editor's Note: A copy of the current Minor Site Plan Checklist is on file in the Township offices.

E. Public notice and hearing process.

(1) Public notice. Public notice shall be provided where required by § 255-9 of this chapter.

(2) Decision and hearing process.

(a) Minor site plan approval. Minor site plan approval shall be considered final approval; provided, however, that the reviewing Board may condition approval on terms assuring installation and/or maintenance of improvements as per N.J.S.A. 40:55D-42 and 40:55D-53.

(b) Preliminary site plan approval. If the application is complete, the reviewing Board shall set a date for public hearing. After hearing, the Board shall take formal action approving or disapproving the application, with or without conditions.

(c) Final site plan approval. If the application is complete, the reviewing Board shall take formal action approving or disapproving the application, with or without conditions. The reviewing Board, as a condition of final approval, may require assurance of installation and/or maintenance of improvements as per §§ 255-21, 255-22 and 255-23 of this chapter.

F. Time periods. Time periods for review and decision shall be the same as set for subdivision review and decision as set forth in § 255-49.

G. Effect of preliminary and final site plan approval. The effect of preliminary and final site plan approval shall be the same as for preliminary and final subdivision approval as set forth in § 255-49C(3).

H. County Planning Board. Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Township Land Use Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

[Amended 2-13-2007 by Ord. No. 2007-07]