[HISTORY: Adopted by the Township Committee
of the Township of Harmony 12-2-1980 by Ord. No. 0:80-12. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Harmony Township Site Plan Review Ordinance of 1980."
A.
The following words or terms shall have the following
meanings where used herein:
- BOARD
- The Planning Board of Harmony Township, except when the Board of Adjustments is authorized to act pursuant to N.J.S.A. 40:55D-76b, in which case it shall mean the Board of Adjustment of Harmony Township.
- CONVENTIONAL
- Development other than planned development.
- DEVELOPER
- The legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option or contract of purchase or other person having an enforceable proprietary interest in such land.
- DEVELOPMENT
- The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in use of any building or other structure or land or extension of use of land.
- GUARANTY
- Any security which may be accepted by the municipality, provided that a municipality shall not require more than 10% of the total performance guaranty in cash.
- ON TRACT
- Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
- PLANNED DEVELOPMENT
- Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
- SITE PLAN
- A development plan of one or more lots on which is shown:
(1)
The existing and proposed conditions of the lot, including
but not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways.
(2)
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures, signs, lighting
and screening devices.
(3)
Any other information that may be reasonably required
in order to make an informed determination pursuant to this chapter
requiring review and approval of site plans.
B.
Terms and words not defined herein, but defined in
Harmony Township Zoning Ordinance or Subdivision Ordinance, shall
have, for the purposes of this chapter, the meanings given them in
the Zoning Ordinance or Subdivision Ordinance, as the same now reads
or may be amended. Terms and words not defined herein nor in the Harmony
Township Zoning Ordinance or Subdivision Ordinance, shall have the
meanings given them in the Municipal Land Use Law, its amendments
and supplements thereto.[1]
Site plan review and approval shall be required
as a condition for the issuance of a permit for any development, except
that individual lot applications for detached one- or two-dwelling-unit
buildings which are part of a minor subdivision or are sited on lots
which were in existence at the time of passage of this chapter, shall
be exempt from site plan approval.
In the case of a site plan for a development
which proposes construction over a period of years, the developer
shall plan proposed stages so as to protect the interests of the public
and of the residents, occupants and owners of the proposed development
during the total completion of the development.
A.
As a condition for site plan approval, the developer
shall submit proof from the Harmony Township Tax Collector or other
designated official that no taxes or assessments for local improvements
are due or delinquent on the property for which the site plan application
is made.
B.
As a condition of site plan approval for a site to
be used for commercial purposes, the applicant, where it is a corporation
or partnership, shall submit as part of its application a list of
all stockholders or individual partners owning at least 10% of its
stock or at least 10% of the interest in the partnership, as the case
may be, pursuant to N.J.S.A. 40:55D-48.1, plus, pursuant to N.J.S.A.
40:55D-48.2, if applicable, a list of all stockholders of individual
partners owning at least 10% of the stock or partnership interest
in a corporation or partnership subject to disclosure pursuant to
N.J.S.A. 40:55D-48.1.
A.
The developer shall submit to the Township Engineer eight copies of a site plan, including the information required by § 137-10C, together with eight copies of a completed application form and an application fee and a review and inspection fee computed in accordance with § 137-14. Upon receipt of the application and review and inspection fees, they shall immediately be forwarded to the Harmony Township Clerk.
B.
The Township Engineer shall review the submittal to
determine if it is complete, and, if it is complete and if found to
be so, shall promptly forward seven copies of the site plan and application
form to the Secretary of the Board, who shall retain four copies of
each and distribute the remaining three copies to the Board Attorney,
the Township Zoning Officer and the Board Chairman.
C.
If the application for development is found to be
incomplete, the developer shall be notified, in writing, of the deficiencies
therein by the Township Engineer within 45 days of submission of the
application to the Township Engineer or it shall be deemed to be properly
submitted.
D.
Upon determining that the application has been properly
submitted, the Township Engineer shall prepare and submit a report
to the Planning Board or the Board of Adjustment, when it is empowered
to review and approve a site plan pursuant to N.J.S.A. 40:55D-76b.
In the latter case, the report shall also be submitted to the Planning
Board.
E.
A hearing shall be scheduled and held not less than
10 days prior to the date that the Board is required to act pursuant
to the terms of this chapter or the Municipal Land Use Law, including
any extensions of time as may be consented to by the developer.
F.
Except in cases of conventional site plan review,
notice of a hearing for the preliminary site plan review shall be
given pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-11 and
N.J.S.A. 40:55D-12), its amendments and supplements thereto.
G.
If the Board requires any substantial amendment in
the layout of improvements proposed by the developer that may have
been the subject of a hearing, an amended application for development
shall be submitted and proceeded upon, as in the case of the original
application for development.
H.
Upon submission of the complete application for site
plan which involves 10 acres of land or less and 10 dwelling units
or fewer, 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 site plan which involves more than 10
acres or more than 10 dwelling units, 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. In the case of the Board of Adjustment
it shall grant or deny approval of a preliminary site plan within
120 days after submission by a developer of a complete application
to the Township Engineer or within such further time as may be consented
to by the applicant. Failure of the Board of Adjustment to act within
the period prescribed shall constitute approval of the application
for a conditional use; its review shall include any required preliminary
site plan review, and the time required for action by the Planning
Board on the conditional use applications shall apply to preliminary
site plan review.
I.
Preliminary approval of a site plan shall confer upon
the applicant rights set forth in N.J.S.A. 40:55D-49 for a period
of three years, except as provided in N.J.S.A. 40:55D-49d for an area
of 50 acres or more.
A.
Subsequent to preliminary site plan approval, the developer shall submit to the Township Engineer eight copies of a site plan, including the information required by § 137-10D, together with eight copies of the completed application.
B.
The Township Engineer shall review the submittal to
determine if it is complete and, if found to be so, shall promptly
forward seven copies of the site plan and application form to the
Secretary of the Board, who shall retain four copies of each and distribute
the remaining three copies to the Board Attorney, the Township Zoning
Officer and the Board of Chairman.
C.
If the application for development is found to be
incomplete, the developer shall be notified, in writing, of the deficiencies
therein by the Township Engineer within 45 days of submission of the
application to the Township Engineer or it shall be deemed to be properly
submitted.
D.
Final approval of the site plan shall be granted if
the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by this chapter
for final approval and the conditions of preliminary approval, if
any; provided, however, that in the case of a planned development
or residential cluster, minimal deviations may be permitted from the
conditions of preliminary approval necessitated by change of conditions
beyond the control of the developer since the date of preliminary
approval without the developer being required to submit another application
for development for preliminary approval.
E.
Final approval shall be granted or denied within 45
days after submission of a complete application to the Township Engineer
within such further time as may be consented to by the applicant.
Failure to act within the period prescribed shall constitute final
approval.
The Board, when acting upon an application for
site plan approval, shall have the power to grant such exceptions
from the requirements of site plan approval as may be reasonable and
within the general purpose and intent of the provisions for site plan
review if the applicant can clearly demonstrate that the literal enforcement
of one or more provisions of this chapter is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.
The Board shall have the power to review and
approve or deny site plans simultaneously with review for subdivision
approval without the developer being required to make further application
to the Board or the Board being required to hold further hearings.
A.
Site plans shall be submitted in accordance with the
following schedules:
(2)
The title block shall include the following information:
(a)
The name of the subdivision.
(b)
The name, address, membership or license of
the professional person who prepared the drawings.
(c)
The term "sketch site plan," "preliminary site
plan" or "final site plan," as applicable.
(d)
The date of the drawing.
(e)
The drawing reference number.
(f)
The section number of the section being subdivided,
if applicable.
(g)
The scale of the drawing.
B.
Sketch plan review. In keeping with the above intent,
prospective developers are hereby encouraged but not required to informally
submit preliminary sketches, reports and/or proposals for development
to the Board for review and discussion (at duly constituted regular
or special Board meetings). The following of such informal procedure
shall not prejudice the developer's right to proceed subsequently
as an applicant otherwise pursuant to the requirements of this chapter.
The developer shall not be required to submit any fees for such an
informal review. The developer shall not be bound by any concept plan
for which review is requested, and the Board shall not be found by
any such review.
C.
Preliminary site plan requirements.
(1)
An application for preliminary site plan shall reflect the review and design guidelines in § 137-11.
(2)
The preliminary site plan shall be drawn at a scale
in accordance with the following table:
|
Area of Site
(acres)
|
Scale, Not to be Less Than
| |
|---|---|---|
|
Less than 40
|
1 inch equals 50 feet
| |
|
Over 40
|
1 inch equals 100 feet
|
(3)
The plan shall include the following data:
(a)
The name and address of the developer and the
owner and the name, address and title of the person preparing the
plan and maps, including appropriate map titles and accompanying data.
(b)
The acreage, Municipal Tax Map lot and block
numbers and tax sheet numbers of the lot or lots.
(c)
A key location map showing the site and its
relationship to surrounding areas and zone boundaries within a minimum
of one-fourth (1/4) mile.
(d)
A date, graphic scale and North arrow.
(e)
All existing, proposed and minimum required
setback dimensions.
(f)
Landscaped areas, fencing and trees over four
inches in diameter, except that where trees are in mass, only the
limits thereof if proposed to remain need be shown, or if proposed
for removal, only trees over nine inches in diameter need be shown.
(g)
All existing and proposed signs, utility poles
and their size, type of construction and location.
(h)
The existing and proposed principal building
or structures and all accessory buildings or structures, if any, approximate
floor areas of said buildings and approximate finished grade elevations
at all corners of said buildings.
(i)
The location of all existing buildings, drainage
and parking areas within 200 feet of the lot.
(j)
Existing topography depicted by contours at
two-foot intervals based upon New Jersey Geodetic Control Survey datum
for the site and areas within 50 feet of the site.
(k)
The approximate location and size of all existing
and proposed storm drainage facilities, plus all required preliminary
design data supporting the adequacy of the existing or proposed facility
to handle future storm flows and analysis of the capacity of the facility
into which the stormwater will flow.
(l)
An analysis of all existing and proposed utilities
and an analysis of the capacity of the existing utilities to accept
the proposed facility.
(m)
The location of all existing and proposed sidewalks,
driveways, fences, retaining walls, parking space areas and the layouts
thereof, and all off-street loading areas, together with the dimensions
of all the foregoing on the site in question and within 100 feet of
said site.
(n)
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.
(o)
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.
(p)
The location, size and nature of the entire
lot or lots in question, and any contiguous lots owned by the developer
or in which the developer 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 contiguous
lots on one map, a key map thereof shall be submitted.
(q)
Plans and profiles of streets adjoining the
property for a distance of 500 feet in either direction, including
the location of driveways and intersecting streets and an indication
of the maximum available sight distance.
(r)
General nature and extent of proposed site lighting.
(s)
The method of sewage disposal and water supply
and the preliminary design thereof subject to the following:
[Amended 5-3-1988 by Ord. No. 0:88-7; 9-4-1990 by Ord. No. 0:90-17; 9-16-2003 by Ord. No.
03-8]
[1]
Sewage disposal.
[a]
If the site is to be served by
an individual sewage disposal system, a copy of the report required
for percolation or permeability tests and soil logs therefor shall
be submitted.
[b]
If the site is to be served by
a central sewer system, a design of the collection system and a copy
of an engineer's report complying with the requirements of N.J.A.C.
7:14A-23.5 et seq. shall be submitted.
[2]
Water supply.
[a]
If the site is to be served by an individual water supply system, a copy of the report required for well test requirements as required by § 185-7 shall be submitted.
[b]
If the site is to be served by
a central water system, a design of the distribution system and a
copy of an engineer's report complying with the requirements of N.J.A.C.
7:10-11.5 shall be submitted.
(t)
Proposed stages or development sections, if
any, and the approximate schedule for implementing each stage or section.
(u)
Tax Map lot and block numbers and names of owners
of all properties within 200 feet of the site.
(4)
The plans shall be prepared by a professional engineer
licensed to practice in New Jersey.
D.
Final site plan requirements.
(1)
An application for final site plan shall be substantially the same as the approved preliminary site plan or a stage or section thereof; however, it shall show final and detailed design and engineering which shall be designed in accordance with the review and design guidelines in § 137-11.
(2)
The site plan shall be drawn at a scale not less than
one inch equals 50 feet and not greater than one inch equals 10 feet;
except that for land development plans that will require more than
one sheet at this scale, a key map shall be included to show the entire
tract and the detail sheet which shows each segment thereof.
(3)
The plan shall include or be accompanied by the following
data:
(a)
The name and address of the developer and the
owner and the name, address and title of the person preparing the
plan or maps, including appropriate map and titles and accompanying
data.
(b)
An affidavit of the owner and other parties
in interest that the site plan is submitted with their knowledge and
consent.
(c)
The Municipal Tax Map lot and block numbers
of the lot or lots.
(d)
A key location map showing the site and its
relationship to surrounding areas and zone boundaries within a minimum
of 1/4 mile.
(e)
The names of all adjoining owners.
(f)
A date, graphic scale, North arrow and reference
meridian on any map.
(g)
The zone district in which the lot or lots are
located, together with a delineation of the yard setback lines required
in the zone district.
(h)
An accurate boundary survey prepared and certified
by a New Jersey licensed land surveyor. The survey shall be based
on a field traverse with an error of closure not less than one part
in 10,000.
(i)
The existing and proposed principal building
or structures and all accessory buildings or structures, if any, and
finished grade elevations of all first floors and roofs, including
roof structures.
(j)
Architectural floor plans for each floor of
the building or structure and elevations from all principal exposures
of all buildings or structures on the sites, but not less than four,
with the name, address and registration number of the licensed architect
preparing the plans.
(k)
Existing topography based upon New Jersey Geodetic
Control Survey datum, for the site and areas within 50 feet of the
site, and proposed grading, both with a maximum of two-foot contour
intervals.
(l)
All setback dimensions and minimum setback lines, fences and landscaped areas and trees as required by Subsection C(3)(c) of this section.
(m)
A landscape and planting plan which, as a minimum,
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.
(n)
All existing and proposed signs and lighting
standards, including design calculation and indications of size, type
of construction and location.
(o)
The location, type and size of all existing
and proposed catch basins and storm drainage facilities with profiles
thereof, including design calculations, plus all required design data
supporting the adequacy of all existing facilities to accept the additional
stormwaters.
(p)
The location, type and size of all existing
and proposed curbs, sidewalks, driveways, fences, retaining walls,
parking space areas and the layouts thereof, and all off-street loading
areas, together with the dimensions of all the foregoing on the site
in question and within 100 feet of said site.
(q)
The location, size and nature of all existing
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 or other agency.
(r)
The location and size of all sanitary sewer
lines and profiles thereof.
(s)
Location, size and type of all proposed utility
lines and structures, including but not limited to telephone, electric,
water, sanitary sewer, gas and CATV, and letters from each that the
facilities are adequate to serve the site development.
(t)
The location, size and nature of remaining lands
or contiguous lots in which the developer has a direct interest.
(u)
All proposed easements and public community
access.
(v)
The location, size and type of all proposed
off-site improvements.
(w)
All points of vehicular ingress and egress for
the site, indicating the size of driveways and sight triangles.
(x)
Provision for refuse and garbage disposal.
(y)
Location of all points in pedestrian access,
including internal circulation patterns.
(z)
Location and design of all fire prevention measures,
including emergency lanes, hydrants, sprinkler and siamese connections
and fire zones.
(aa)
The 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.
(bb)
The location of any other feature directly on
the property and beyond the property, if such feature has an effort
on the use of said property.
(cc)
Construction details of all proposed site improvements.
(dd)
Such information or data as may be required
by the Board in order to determine that the details of the site plan
are in accord with the standards of the ordinances of the Township.
(ee)
A complete list of the site improvements, except
principal and accessory buildings, by item, and the quantities thereof
to be constructed.
(ff)
Copies of all applicable local, state and federal
permits that may be required.
(4)
The plan shall be prepared and signed by a professional
engineer licensed in New Jersey except for certification by other
licensed professionals as required by this chapter or New Jersey law.
A.
General design considerations. The following shall
constitute the general design considerations for site plans which
shall be adhered to by the applicant in preparation of site plans:
(1)
Preservation of landscape. Landscape shall be preserved
in its natural state, insofar as practicable, by minimizing tree and
soil removal, and any grade changes shall be in keeping with the general
appearance of the neighboring developed areas. Adequate shade trees
shall be provided.
(2)
Relation of proposed buildings to environment. The
proposed structure shall be related harmoniously to the land form
(either natural or man-made) and to existing buildings in the vicinity
that have a visual relationship to the proposed buildings. The achievement
of such relationship may include the enclosure of space in conjunction
with other buildings or other proposed buildings and the creation
of focal points with respect to avenues of approach, terrain features
or other buildings.
(3)
Drives, parking and circulation. With respect to vehicular
and pedestrian circulation, including walkways, interior drives and
parking, special attention shall be given to location and number of
access points to the public streets, width of interior drives and
access points, general interior circulation, separation of vehicular
and pedestrian traffic and arrangement of parking areas that are safe
and convenient and, insofar as practicable, do not detract from the
design of proposed buildings and structures and the neighboring properties.
Streets shall be of sufficient width and suitable grade and suitably
located to accommodate prospective traffic and to provide access for
fire-fighting and emergency equipment to buildings and coordinated
so as to compose a convenient system consistent with the circulation
element of the Master Plan.
(4)
Surface water drainage. Special attention shall be given to proper sites for stormwater detention and surface drainage so that the surface water will not adversely affect neighboring properties or the public storm drainage system. As much as possible, and except as may be modified by Chapter 142, Stormwater Management, surface runoff waters from the premises should not be caused by the proposed development to exceed within any storm period the peak rate of runoff which would occur on a lot or tract in its presently developed condition, provided that, if the lot is presently farmed, it shall be considered as pasture for purposes of determining rate of runoff increase.
(5)
Utility service. All electric, telephone, cable television
and utility lines shall be underground. Adequate water supply, sewerage
facilities and other utilities necessary for essential services to
residents and occupants shall be provided.
(6)
Advertising features. The size, location, lighting
and materials of all permanent signs and outdoor advertising structures
or features shall not detract from the design of proposed buildings
and structures and the surrounding properties.
(7)
Special features. Exposed storage tank areas, exposed
machinery installations, service areas, truck loading areas, utility
buildings and structures and similar accessory areas and structures
shall be subject to such setbacks, screen planting or other screening
methods as shall reasonably be required to prevent their being incongruous
with the existing and contemplated site design and the surrounding
properties.
(9)
Application of design standards. The standards of
review outlined above shall also apply to all accessory buildings,
structures, freestanding signs and other site features.
B.
Design standards. The following minimum design standards
shall be required for all site improvements:
(1)
Public streets.
(a)
Improvement of the public street upon which
the site fronts shall be required for the portion of the site to be
developed. These improvements shall be as required by the Harmony
Township Subdivision Ordinance.
(b)
Sight triangles shall be provided at the intersection
of all driveways leading to and exiting from the site.
[1]
These sight triangles shall be measured along
the curbline of both the driveway and the intersecting street. The
sight triangle shall be limited by a point measured 30 feet along
the curbline of the driveway from the roadway curbline and a point
on the intersecting roadway curbline which shall be located from the
near curbline or the intersecting driveway in accordance with the
following table:
|
Roadway Classification
|
Minimum Sight Distance
(feet)
| |
|---|---|---|
|
Local
|
200
| |
|
Minor collector
|
275
| |
|
Major collector
|
350
| |
|
Others
|
400
|
[2]
The sight triangle shall be clear of all obstructions
from 20 inches above center-line grade to a point 120 inches above
the center line, except that utility poles and street trees shall
be permitted, provided that they do not create a safety hazard. An
easement dedication to the owner of the intersecting roadway incorporating
the entire sight triangle within the site but outside the right-of-way
line shall be made.
(2)
On-site improvements.
(a)
Site lighting.
[1]
Site lighting shall be provided in all areas
accessible to the public in accordance with the following table:
|
Area
|
Average Maintained Footcandles
| ||
|---|---|---|---|
|
Parking lots
| |||
|
Shopping centers
|
1.5-5
| ||
|
Retail businesses
|
1.0-4.0
| ||
|
Industrial
|
0.5-1.0
| ||
|
Residential, multifamily
|
0.4-1.0
| ||
|
Access Driveways
| |||
|
Shopping centers
|
2.0-3.0
| ||
|
Retail businesses
|
1.0-3.0
| ||
|
Industrial
|
1.0-3.0
| ||
|
Park area and pedestrianways
|
0.4
| ||
|
Sidewalks
|
0.5
| ||
|
Intersections
|
2.0-5
| ||
|
Other areas
|
As determined by individual study
| ||
[2]
In general, the areas most frequently utilized
shall be more intensely lit, with lighting levels decreasing as usage
decreases.
[3]
All lighting shall be designed to meet the following
minimum criteria:
[a]
All lighting from fixtures shall
be cut off at property lines adjoining residential areas and zones.
[b]
Fixtures shall provide cutoff so
that the lamp or refractor is not visible from adjoining roadways
or residential areas.
[c]
Sky glow effects are prohibited.
[d]
Maximum desirable luminaire mounting
heights shall be 30 feet.
[e]
A minimum uniformity ratio varying
from six to one (6:1) for the intensely lit areas to ten to one (10:1)
for the remote areas. The uniformity ratio shall be the ratio of the
average to minimum intensity.
(b)
Storm drainage. All site plans shall incorporate adequate storm drainage facilities. The facilities shall be designed in accordance with the standards established in Chapter 148, Subdivision of Land, and other applicable ordinances, except that in addition to the use of standard inlets as prescribed for use in municipal streets, the use inlet Type B-3 may be used. These shall be as shown in the standard details for Harmony Township, copies of which are on file in the Township Clerk's office.
[1]
Inlets in parking areas shall be spaced and
sized to prevent a spread of water into the parking aisles during
a storm with an intensity of three inches per hour. Inlets in driveways
and roadways within parking areas shall be spaced and sized to provide
a minimum of an eight-foot-wide lane for each designed traveled lane
during a storm with an intensity of three inches per hour.
(c)
Parking lot layout. Parking lots providing in
excess of 50 parking spaces shall meet the following requirements.
[1]
Driveways shall be separated from parking stalls
and aisles by raised curbed islands which shall be a minimum of five
feet wide.
[2]
In every fifth row of parking, the opposing
stalls shall be separated by raised curbed islands, which shall be
a minimum of four feet wide.
[3]
At least one tree as required by the Zoning
Ordinance shall be planted within each island required herein.
[4]
All islands required herein shall be landscaped
and grassed.
(d)
Landscaping. In addition to the buffer zone
required by the Zoning Ordinance and ornamental shrubbery to be placed
on the site, shade trees shall be placed in conformance with the following:
[1]
Street trees as required by the Subdivision
Ordinance shall be placed along all adjoining public roadways.
[2]
Shade trees on the site shall be provided as
required by the Zoning Ordinance in parking areas with more than 50
cars. At least one-half (1/2) of these trees shall be planted in landscaped
and curbed islands.
(e)
Pedestrian access. In parking areas in excess
of 100 parking stalls, sidewalks shall be constructed along all driveways
and roadways as necessary to accommodate pedestrian travel parallel
to the flow of traffic thereon.
(f)
Fire protection. Notwithstanding the provision
of fire codes and recommendations of fire personnel the following
shall apply:
[1]
On all sites in excess of 10,000 square feet
of building area, fire aisles shall be provided adjacent to all exposures
of buildings. No automobile parking shall be permitted between the
fire aisle and the building, except that parcel pickup areas will
be permitted, provided that the designated area does not exceed one-third
(1/3) of the frontage of an individual business establishment. Pedestrian
walkways and truck loading zones will be permitted between the fire
aisle and the buildings.
[2]
All fire aisles shall be a minimum of 30 feet
in width.
[3]
No portion of a structure shall be more than
600 feet from a fire hydrant where public water is available.
(g)
Grading. Grading shall be as required by the
site construction. However, the following requirements shall be adhered
to:
[1]
Driveways. Driveways and roadways shall not
exceed a maximum grade of 6% and shall not exceed a grade of 4% within
100 feet at the sideline of an intersecting street.
[2]
Parking areas. Parking areas shall be reasonably
level but shall not exceed a maximum grade of 6% and shall be graded
so that stormwater runs from aisles to parking stalls and does not
cross drives or roadway in a concentrated flow.
[3]
Maximum earthen slopes. Slopes shall not exceed
a ratio of one and one-half (1/2) horizontal to one vertical unless
a slope stability analysis indicates to the contrary, provided that
slopes which are in excess of two to one (2:1) shall be fenced at
the top with a four-foot-high fence, and slopes greater than two to
one (2:1) but less than three to one (3:1) shall have a fence or protective
vegetative screen or guardrail.
[4]
All nonpaved areas shall be permanently stabilized
to prevent erosion.
(3)
Standards for construction. All work shall be done
in conformance with the current construction standards of the Township
of Harmony or, in lieu thereof, the current edition of the New Jersey
State Highway Department Standard Specifications for Road and Bridge
Construction, 1961, with amendments and revisions thereto, and with
the New Jersey Department of Transportation standard construction
details.
[Amended 11-6-2018 by Ord. No. 18-9]
A.
Guaranties required. As a condition of final site plan approval or
as a condition to the issuance of a zoning permit, the municipality
may require and shall accept for the purpose of assuring the installation
and maintenance of certain on tract improvements the furnishing of
a performance guarantee, and provision for a maintenance guarantee
in accordance with the following.
(1)
Performance guarantees.
(a)
Public improvements performance guarantee. Developers shall
be required to furnish a public improvements performance guarantee
in favor of the municipality in an amount not to exceed 120% of the
cost of installation of only those improvements required by an approval
or developer's agreement, ordinance or regulation to be dedicated
to a public entity, and that have not yet been installed, which cost
shall be determined by the municipal engineer in accordance with N.J.S.A.
40:55D-53.4 for the following improvements as shown on the approved
plans or plat: streets, pavement, gutters, curbs, sidewalks, street
lighting, street trees, surveyor's monuments, water mains, sanitary
sewers, community septic systems, drainage structures, public improvements
of open space, and any grading necessitated by the preceding improvements.
The municipal engineer shall prepare an itemized cost estimate of
the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
(b)
Perimeter buffer landscaping performance guarantee. The municipality
may require a perimeter buffer landscaping performance guarantee for
privately owned perimeter buffer landscaping within a development
or section of a development which has been imposed as a condition
of development approval. At the developer's option, a separate
performance guarantee may be posted for the privately owned perimeter
buffer landscaping.
(c)
Temporary certificate of occupancy performance guarantee. The
municipality may require a temporary certificate of occupancy performance
guarantee in the event that the developer seeks a temporary certificate
of occupancy for a development, unit, lot, building, or phase of development,
in an amount equal to 120% of the cost of installation of only those
improvements or items which remain to be completed or installed under
the terms of the temporary certificate of occupancy and which are
required to be installed or completed as a condition precedent to
the issuance of the permanent certificate of occupancy for the development,
unit, lot, building or phase of development and which are not covered
by an existing performance guarantee. Upon the posting of a temporary
certificate of occupancy guarantee, all sums remaining under any public
improvements performance guarantee as required above which relate
to the development, unit, lot, building, or phase of development for
which the temporary certificate of occupancy is sought shall be released.
The scope and amount of the temporary certificate of occupancy guarantee
shall be determined by the municipal engineer or Zoning Officer. At
no time may a municipality hold more than one guarantee or bond of
any type with respect to the same line item. The temporary certificate
of occupancy guarantee shall be released by the municipal engineer
or Zoning Officer upon the issuance of a permanent certificate of
occupancy with regard to the development, unit, lot, building, or
phase as to which the temporary certificate of occupancy relates.
(d)
Safety and stabilization performance guarantee.
[1]
The municipality may require a safety and stabilization performance
guarantee for a development for the purpose of returning property
that has been disturbed to a safe and stable condition or otherwise
implementing measures to protect the public from access to an unsafe
or unstable condition. At the developer's option, the safety
and stabilization guarantee may be furnished either as a separate
guarantee or as a line item of the performance guarantee. The guarantee
shall be claimed by the municipality only in the circumstance that
(1) site disturbance has commenced and, thereafter, all work on the
development has ceased for a period of at least 60 consecutive days
following such commencement for reasons other than force majeure,
and (2) work has not recommenced within 30 days following the provision
of written notice by the municipality to the developer of the municipality's
intent to claim payment under the guarantee. A municipality shall
not provide notice of its intent to claim payment under a safety and
stabilization guarantee until a period of at least 60 days has elapsed
during which all work on the development has ceased for reasons other
than force majeure. A municipality shall provide written notice to
a developer by certified mail or other form of delivery providing
evidence of receipt.
[2]
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
[3]
The amount of a safety and stabilization guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows: $5,000 for the first $100,000 of
bonded improvement costs, plus 2 1/2% of bonded improvement costs
in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement
costs in excess of $1,000,000.
[4]
The municipality shall release any separate safety and stabilization
guarantee to a developer upon the developer's furnishing of a
performance guarantee which includes a line item for safety and stabilization
in the amount required under this subsection. The municipality shall
release a safety and stabilization guarantee upon the municipal engineer's
determination that the development of the project site has reached
a point that the improvements installed are adequate to avoid any
potential threat to public safety.
(2)
Maintenance guarantees.
(a)
Public improvement and perimeter buffer landscaping maintenance
guarantee. Developers shall be required to post with the municipality,
prior to the release of a public improvement performance guarantee
and/or a perimeter buffer landscaping performance guarantee, a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the improvements which are being released. The term of the maintenance
guarantee shall be for a period not to exceed two years and shall
automatically expire at the end of the established term.
(b)
Private improvements maintenance guarantee. The municipality
may require, upon the inspection and issuance of final approval of
the following private site improvements by the municipal engineer,
a maintenance guarantee in an amount not to exceed 15% of the cost
of the installation of the following private site improvements: stormwater
management basins, in-flow and water quality structures within the
basins, and the out-flow pipes and structures of the stormwater management
system, if any, which cost shall be determined according to the method
of calculation set forth in N.J.S.A. 40:55D-53.4. The term of the
maintenance guarantee shall be for a period not to exceed two years
and shall automatically expire at the end of the established term.
B.
Form of guarantee. The form of the guarantee shall be as approved
by the Township Attorney, and the amount of the guaranty shall be
as determined by the Township Engineer.
C.
Liability during construction. The applicant shall assume all liability
during construction of such improvements and until such time as the
improvements are accepted by the municipality.
D.
Improvements owned by other governmental agencies or public utilities.
In the event that other governmental agencies or public utilities
will own the utilities to be installed or the improvements are covered
by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the municipality for such utilities or improvements.
E.
Time allowed for installation of bonded improvements. The time allowed
for installation of the bonded improvements for which the performance
guarantee has been provided may be extended by the governing body
by resolution. As a condition or as part of any such extension, the
amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation, which cost shall be determined by the municipal
engineer according to the method of calculation set forth in N.J.S.A.
40:55D-53.4 as of the time of the passage of the resolution.
F.
Completion of bonded improvements by the municipality. If the required
bonded improvements are not completed or corrected in accordance with
the performance guarantee, the obligor and surety, if any, shall be
liable thereon to the municipality for the reasonable cost of the
improvements not completed or corrected and the municipality may either
prior to or after the receipt of the proceeds thereof complete such
improvements. Such completion or correction of improvements shall
be subject to the public bidding requirements of the Local Public
Contracts Law, N.J.S.A. 40A:11-1 et seq.
G.
Reduction or release of performance guarantee.
(1)
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of same to the public system, the obligor may request of
the governing body in writing, by certified mail addressed in care
of the municipal clerk, that the municipal engineer prepare, in accordance
with the itemized cost estimate prepared by the municipal engineer
and appended to the public improvements performance guarantee, a list
of all uncompleted or unsatisfactory completed bonded improvements.
If such a request is made, the obligor shall send a copy of the request
to the municipal engineer. The request shall indicate which bonded
improvements have been completed and which bonded improvements remain
uncompleted in the judgment of the obligor. Thereupon the municipal
engineer shall inspect all bonded improvements covered by 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 municipal engineer shall state, in detail,
with respect to each bonded 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 bonded improvement
determined to be unsatisfactory. The report prepared by the municipal
engineer shall identify each bonded 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 bonded improvement, in accordance with
the itemized cost estimate prepared by the municipal engineer and
appended to the public improvements performance guarantee.
(3)
The governing body, by resolution, shall either approve the bonded
improvements determined to be complete and satisfactory by the municipal
engineer, or reject any or all of these bonded improvements upon the
establishment in the resolution of cause for rejection, and shall
approve and authorize the amount of reduction to be made in the performance
guarantee relating to the improvements accepted, in accordance with
the itemized cost estimate prepared by the municipal engineer and
appended to the public improvements performance guarantee. This resolution
shall be adopted not later than 45 days after receipt of the list
and report prepared by the municipal 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 bonded 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 total performance
guarantee and safety and stabilization guarantee posted may be retained
to ensure completion and acceptability of all improvements. The safety
and stabilization guarantee shall be reduced by the same percentage
as the performance guarantee is being reduced at the time of each
performance guarantee reduction.
(4)
For the purpose of releasing the obligor from liability pursuant
to its performance guarantee, the amount of the performance guarantee
attributable to each approved bonded improvement shall be reduced
by the total amount for each such improvement, in accordance with
the itemized cost estimate prepared by the municipal engineer and
appended to the public improvements performance guarantee including
any contingency factor applied to the cost of installation. If the
sum of the approved bonded improvements would exceed 25% of the total
amount of the performance guarantee, then the municipality may retain
30% of the amount of the total performance guarantee and safety and
stabilization guarantee to ensure completion and acceptability of
bonded improvements, as provided above, except that any amount of
the performance guarantee attributable to bonded improvements for
which a temporary certificate of occupancy guarantee has been posted
shall be released from the performance guarantee even if such release
would reduce the amount held by the municipality below 30%.
(5)
If the municipal engineer fails to send or provide the list and report
as requested by the obligor 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.
(6)
If the governing body fails to approve or reject the bonded 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 for the approvable complete and satisfactory improvements
in accordance with the itemized cost estimate prepared by the municipal
engineer and appended to the public improvements performance guarantee;
and the cost of applying to the court, including reasonable attorney's
fees, may be awarded to the prevailing party.
(7)
In the event that the obligor has made a cash deposit with the municipality
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee provided that if the developer has furnished
a safety and stabilization guarantee, the municipality may retain
cash equal to the amount of the remaining safety and stabilization
guarantee.
(8)
If any portion of the required bonded improvements is 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 section, shall be followed.
(9)
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.
Acceptance of dedication of public improvements. To the extent that
any of the improvements have been dedicated to the municipality on
the approved site plan, the municipal governing body shall be deemed,
upon the release of any public improvements performance guarantee,
to accept dedication for public use of streets or roads and any other
improvements made thereon according to site plans and subdivision
plats approved by the approving authority, provided that such improvements
have been inspected and have received final approval by the municipal
engineer.
Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a zoning permit, construction permit or certificate of occupancy, as the case may be, shall be construed to be a violation of this chapter and shall be grounds for the revocation of any zoning permit, construction permit or certificate of occupancy, as the case may be. If the Construction Code Official finds that any conditions of site plan approval have not been met, he shall give the applicant 10 days' written notice to comply with said conditions, and failure to comply within this ten-day period shall result in revocation of the zoning permit, construction permit, certificate of occupancy or certificate of continued occupancy, as the case may be. Such violations may additionally or singly also be prosecuted under provisions of Chapter 165, Zoning.
[Amended 9-5-2013 by Ord. No. 13-3]
Site plan review:
A.
Application fee.
(1)
New applications. The developer shall submit to the Land Use Board
Administrator an application fee as determined by the following fee
schedule:
|
Site Plans
|
Application Fee1
|
Escrow Deposot
| |
|---|---|---|---|
|
(a)
|
Preliminary plan (residential)2
|
$500 + $25/dwelling unit
|
$2,500 + $25/dwelling unit + $25/acre
|
|
(b)
|
Preliminary plan (nonresidential)3
|
$500 + $0.02/sq. ft. of building floor area + $25/acre
|
$2,500 + $0.03/sq. ft. of building floor area + $25/acre
|
|
(c)
|
Final Plan (residential)
|
$300 + $10/dwelling unit
|
$1,500
|
|
(d)
|
Final plan (nonresidential)
|
$300 + $0.01/sq. ft. of building floor area + $25/acre
|
$1,500
|
|
Notes:
| |
|---|---|
|
1
|
No application fee shall exceed $15,000.
|
|
2
|
Any nonresidential buildings in a predominantly residential
site plan shall pay an escrow deposit of $0.03 per square foot of
nonresidential building floor area in addition to the residential
escrow deposit.
|
|
3
|
Any residences in a predominantly nonresidential site plan shall
pay $25 per dwelling unit escrow deposit in addition to the nonresidential
escrow deposit.
|
(2)
Amendments to previously approved site plan. Application fee shall
be 1/2 of the original application fee but not to exceed $500. Escrow
deposit shall be 1/2 of the original escrow deposit unless sufficient
funds remain in the escrow account from the original application,
such that the Board determines a lesser amount is adequate to cover
anticipated bills.
(3)
Extension of preliminary approval and/or final approval. Application
fee shall be 1/2 of the original application fee but not to exceed
$500. Escrow deposit shall be 1/2 of the original escrow deposit for
preliminary or final extensions unless sufficient funds remain in
the escrow account from the original application.
B.
Application and escrow fees for residential subdivisions shall be posted in accordance with Chapter 148, Subdivision of Land.
C.
Fee procedure. All fees shall be paid in the form of separate check
or money order made payable to the Township of Harmony for the application
fee and escrow deposit. If, at the completion and municipal approval
and acceptance of all required improvements in an entire site plan,
the sum deposited with the Township Clerk by the developer, pursuant
to the above to cover the cost of engineering, planning, inspection
and legal services, should exceed the expense actually incurred by
the Township for such services, the developer, upon written request,
made within one year following the date of such acceptance, shall
be entitled to the return of the amount by which its deposits aforesaid
exceed actual cost, without interest.
D.
Inspection fees.
[Added 11-6-2018 by Ord.
No. 18-9]
(1)
The obligor shall reimburse the municipality for reasonable inspection
fees paid to the municipal engineer for the foregoing inspection of
improvements, which fees shall not exceed the sum of the amounts set
forth below. The municipality may require the developer to post the
inspection fees in escrow in an amount:
(a)
Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of bonded improvements that are subject
to a public improvements performance guarantee and/or a perimeter
buffer landscaping performance guarantee; and
(b)
Not to exceed 5% of the cost of private site improvements that
are not subject to a public improvements performance guarantee, which
cost shall be determined pursuant to N.J.A.C. 40:55D-53.4.
(2)
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the municipal engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(3)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the municipal engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
(4)
If the municipality determines that the amount in escrow for the
payment of inspection fees, as calculated above, is insufficient to
cover the cost of additional required inspections, the municipality
may require the developer to deposit additional funds in escrow provided
that the municipality delivers to the developer a written inspection
escrow deposit request, signed by the municipal engineer, which informs
the developer of the need for additional inspections, details the
items or undertakings that require inspection, estimates the time
required for those inspections, and estimates the cost of performing
those inspections.
[Amended 8-7-1990 by Ord. No. 0:90-15]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be subject to any combination
of the following:
