A.
An applicant desiring to proceed with a site plan
approval shall file with the Clerk, at least two weeks prior to the
date of a regular meeting of the Board, the following documents:
(1)
Six completed copies of the City site plan application
form.
(2)
Four copies of any protective covenants, deed restrictions
or easements presently affecting the property.
(3)
Twelve copies of the preliminary plat of the proposed
site plan. A reproducible copy shall be submitted upon preliminary
approval.
(4)
Twelve copies of a key map.
(5)
A certification from the City Tax Collector that no
taxes or assessments for local improvements are due or delinquent
on the property for which the site plan application is made.
(6)
A certification from the State Department of Environmental
Protection, pursuant to N.J.S.A. 58:11-23 et seq., if applicable.
B.
The applicant shall have the right, before submitting
a formal application hereunder, to request and obtain an informal
conference before the Planning Board as provided in § 244A9
hereof.
C.
The Planning Board may waive any of the requirements
of this section in the event of an application for site plan approval
by a nonprofit or religious corporation or association.
D.
Site plan exemptions. Site plan approval shall not
be required for any of the following:
[Added 11-8-2004 by Ord. No. 2004-25]
(1)
Detached single-family dwellings, including accessory
uses permitted as of right under applicable zoning districts, but
this shall not limit the requirements for submission and approval
of subdivision plats otherwise required by City ordinances.
(2)
A proposed development not involving a change in use
and not affecting existing circulation, drainage, building arrangements,
landscaping, buffering, lighting and other considerations of site
plan review.
(3)
Normal maintenance or replacements such as a new roof,
painting, new siding (except within historic preservation districts)
or similar activity.
The applicant shall submit to the Clerk, at the time of submission of an application for site plan approval, payment of the fee provided in § 244-50.
A.
The plat shall be in tentative form for discussion
purposes for preliminary approval. The plat shall be clearly and legibly
drawn at an accurate scale of not less than one inch equals 100 feet
and shall be based on an actual survey certified by a land surveyor
licensed in the State of New Jersey. The plat shall be presented on
sheets not greater than 30 inches by 42 inches or less than 8 1/2
inches by 13 inches. The plat shall show on one or several drawings,
as convenience and clarity may require, the following information:
(1)
A title containing the name of the site plan; the
name of the city; Tax Map sheet, block and lot number; date of preparation
and most recent revision; meridian North arrow; written and graphic
scales; the names, addresses, phone numbers and signatures of the
owner, the applicant and the person(s) who prepared the plat(s), including
the seal of the latter; the names of all property owners bounding
on the extreme limits of the property; and a space for the site plan
application number.
(2)
The acreage of the tract for which site plan approval
is sought.
(3)
A map showing existing and proposed elevations and
contour lines over the entire area of the tract proposed for site
plan approval, together with watercourses and an indication of the
final disposal of surface waters.
(4)
Other significant natural features, including soil
types, rock outcropping, wooded areas and the location of individual
trees outside the wooded areas having a diameter of six inches or
more as measured 4 1/2 feet above ground level. The proposed
location of shade trees to be provided shall also be shown. Soil types
shown shall be based on United States Soil Conservation Service categories.
(5)
All existing and proposed watercourses, including
lakes, ponds and marsh areas, accompanied by the following information
or data:
(a)
When a running stream is proposed for alteration,
improvement or relocation or when a structure or fill is proposed
over, under, in or along such a running stream, evidence of approval,
required alterations, lack of jurisdiction or denial of the improvement
by the New Jersey Division of Water Policy and Supply and/or United
States Army Corps of Engineers.
(b)
Cross sections and profiles of watercourses
at an appropriate scale showing the extent of floodway fringe area,
top of bank, normal water level and bottom elevations at the following
locations:
[1]
All watercourses within or adjacent to the tract
and at any point where a watercourse crosses a boundary of the subdivision.
[2]
At fifty-foot intervals for a distance of 300
feet upstream and downstream of any proposed culvert or bridge within
the tract.
[3]
At fifty-foot intervals up to 300 feet upstream
and downstream of any proposed culvert or bridge and any point of
juncture of two or more watercourses within and/or within 1,000 feet
of the tract.
[4]
At a maximum of three-hundred-foot intervals,
but no less than two locations, along each watercourse which runs
through or adjacent to the tract.
[5]
When ditches, streams, brooks or watercourses
are to be altered, improved or relocated, the method of stabilizing
slopes and measures to control erosion and siltation during construction
as well as typical ditch sections and profiles shall be shown on the
plan or accompany it.
(c)
The total acreage in the drainage basin of any
watercourse running through or adjacent to a tract in the area upstream
of the subdivision.
(d)
The total acreage in the drainage basin to the
nearest downstream drainage structure and the acreage in that portion
of the tract which drains to the structure.
(e)
The location and extent of all existing or proposed
drainage and conservation easements and flood hazard area lines.
(f)
The location, extent and water level elevation
of all existing or proposed lakes or ponds within or adjacent to the
tract.
(g)
Plans and computations for any storm drainage
systems, including the following:
[1]
All existing or proposed storm sewer lines within
or adjacent to the tract, showing size, profile and slope of the lines;
direction of flow; and the location of each catch basin, inlet, manhole,
culvert and head wall.
[2]
The location and extent of any proposed dry
wells, groundwater recharge basins, retention basins, detention basins,
flood control devices, sedimentation basins and other water conservation
devices.
(6)
All proposed streets, including street profiles, showing
width of roadway location and location of sidewalks and location and
size of utility lines, storm drains, drainage structures, bicycle
paths, curbs and interior walkways, according to the standards and
specifications of all city ordinances and applicable regulations.
(7)
The names, locations, right-of-way widths and purpose(s)
of existing and proposed easements and other rights-of-way and the
location and description of all monuments.
(8)
The size, shape, location, dimensions and setbacks
of buildings and the distance of buildings on the site from surrounding
properties; an indication of all structures and uses as existing and
to be removed and structures of potential historical significance;
the location and height of fences, retaining walls and railings; the
location, height, size and design of exterior lights and advertising
features, including the area and direction of illumination of exterior
lights and their power and time of illumination.
(9)
Sanitary sewer and water facilities and connections.
If private utilities are proposed, they shall fully comply with all
city, county and state regulations. If service will be provided by
an existing utility company, a letter from that company shall be submitted
stating that service will be available before occupancy of the approved
structures.
(10)
The location of electric, telephone, gas and
other utilities.
(11)
Screening and landscaping plan, including location,
height and types of plantings and screening, conforming with applicable
city ordinances.
(12)
Zoning district(s) and, if the property lies
in more than one zoning district, the plat shall indicate the zoning
district lines.
(13)
When on-lot water and/or on-lot sewage disposal is proposed, the plat shall be accompanied by the results of percolation test(s) made in accordance with the requirements set forth in § 244-7A(3). Upon submission of all percolation data, to the Planning Board, the Board may authorize the City Engineer to conduct comprehensive tests to verify the percolation tests performed by the applicant's engineer. The applicant shall pay the actual costs of such verification tests by the City Engineer, as set forth in § 244-50.
(14)
The location, layout and dimensions of parking
and loading areas to be paved; all parking spaces, driveways and access
points to public streets; and a typical pavement section.
(15)
Plans for on-site storage and disposition of
solid waste.
(16)
Such other information or data as may be required
by the Planning Board in order to determine that the details of the
site plan are in accord with the standards of applicable ordinances
and that the building or use will not be detrimental to the public
interest.
B.
The Planning Board may waive any of the details required
by this section if it determines that the site plan conforms to the
standards of good planning, will have no deleterious effect on neighboring
properties and provides adequate data to assure protection of the
health, safety and welfare of the residents of the city.
C.
The preliminary plat shall be certified as to the
accuracy of engineering details by an engineer licensed in New Jersey,
bearing his signature, seal, license and address, and, as to architectural
design, if done by an architect, by such architect licensed in New
Jersey, bearing his signature, seal, license and address.
The key map shall show the entire project and
its relation to the surrounding areas, roads and watercourses.
Upon receipt of an application for a site plan approval, together with the required supporting documents and payment of the prescribed fee, the Clerk shall forthwith submit to the Secretary who shall submit one copy of the application and supporting documentation each to the City Engineer and to the Attorney for the Planning Board for a report thereon to the Planning Board. These reports shall be submitted to the Planning Board at least two days prior to the meeting of the Planning Board at which the application will be considered. These reports shall comment on the completeness of the application in conformity with this chapter and whether the application is in compliance with all requirements of applicable laws and ordinances. The Engineer shall also advise as to the likelihood of off-tract improvements being required and, if such shall be the case, shall advise the City Commission which shall then act pursuant to § 244-42. The Secretary shall also set down the application on the agenda of the Planning Board meeting next following 14 days from the date of submission of the complete application and shall advise the applicant of such date. In the event that the Secretary determines that a literal compliance with the time requirements of this section, in the case of a site plan of 10 or fewer acres, will cause the application to be considered by the Planning Board not within the 45 days of the submission of the application, the Secretary shall so advise the Planning Board at its next meeting, and the Planning Board shall schedule a special meeting for consideration of the application within the forty-five-day period.
The applicant, where required pursuant to N.J.S.A. 40:27-6.6, shall comply with the provisions of § 244-10, as the same shall apply to a site plan.
A.
At the meeting of the Planning Board at which the application is to be first considered, the Planning Board shall first determine that the application is complete in accordance with §§ 244-28 through 244-31, inclusive. If it is determined that the application is incomplete, the Planning Board shall immediately notify the applicant of the incompleteness and reject the application, which shall not be deemed to preclude a subsequent complete resubmission.
B.
If it is determined that the application is complete:
(1)
If the application is for approval of a site plan
of 10 acres of land or less, the Planning Board shall grant or deny
preliminary approval within 45 days of the date of submission of the
complete application or within such further time as may be consented
to in writing by the applicant.
(2)
If the application is for approval of a site plan
of more than 10 acres of land, the Planning Board shall grant or deny
preliminary approval within 95 days of the date of submission of the
complete application or within such further time as may be consented
to in writing by the applicant.
C.
Failure of the Planning Board to act within the period
prescribed shall constitute site plan preliminary approval.
D.
Whenever the Planning Board shall grant approval subject
to conditions, a notation shall be made on the plat indicating that:
"The approval of this site plan is subject to conditions as set forth
in the minutes of the Planning Board."
E.
The applicant shall not proceed with installation
of the required improvements until a performance guaranty is posted
therefor, and no building permits shall be issued unless the required
improvements have been completed and accepted or a performance guaranty
posted therefor.
A.
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 by § 244-37 of this chapter and the conditions of preliminary approval.
B.
Final approval shall be granted or denied within 45
days after submission of a complete application to the Secretary or
within such further time as may be consented to in writing by the
applicant. Failure of the Planning Board to act within the period
prescribed shall constitute final approval, and a certificate of the
Secretary 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.
C.
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.6, the City
Planning 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.
D.
Whenever the Planning Board shall grant approval subject
to conditions, a notation shall be made on the plat indicating that:
"The approval of this site plan is subject to conditions as set forth
in the minutes of the Planning Board."
The final plat, titled as such, shall be submitted
in the form of one linen or Mylar, two cloth and nine black-on-white
paper prints on sheets of uniform size of one of four standard sizes
[namely, 30 inches by 42 inches, 24 inches by 36 inches, 15 inches
by 21 inches or 8 1/2 inches by 13 inches], provided that when
more than one sheet is required, an index sheet of the same dimensions
shall be filed showing the entire site plan on one sheet, and each
separate sheet shall show references to the adjoining sheets, at a
scale of not less than one inch equals 200 feet. The final plat shall
show the same information required for preliminary approval in addition
to the following:
A.
Plans and profiles of all storm and sanitary sewers
and water mains as approved by the City Engineer.
B.
Cross section, profiles and grades of all streets
as approved by the City Engineer.
C.
Any changes between the information set forth in the
preliminary plat and that which has actually been effected.
A.
The zoning requirements applicable to the preliminary approval first granted, and all other rights conferred upon the applicant pursuant to § 244-35 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the applicant has followed the standards prescribed for final approval, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 244-35 of this Article.
B.
In the case of a site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection A above 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 permissable under final approval, economic conditions and the comprehensiveness of the development. The applicant 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 permissable under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
Before granting preliminary approval of an application for a site plan, the Planning Board shall require the applicant to deposit with the city the inspection fees provided in § 244-50 to compensate the City Engineer in performing an inspection of the sidewalk, curb, street and storm drainage improvements and other appropriate improvements. After approval and after the applicant has initiated construction thereof, the City Engineer shall make the inspections and submit written reports with respect to the results of such inspections to both the Secretary of the Planning Board and the applicant. Additionally, the City Engineer shall advise the Secretary and the applicant of his inspection fees. Thereafter the inspection fees shall be paid from the deposit. If the applicant should decide to permanently discontinue work on the site plan in question before its completion, he may make written application to the Planning Board for the refund of the unencumbered portion of the deposit. Submission of this application shall constitute a waiver of all rights which may have accrued to him with respect to the site plan covered by that application.