This chapter shall be known and may be cited as the "Site Plan
Review Ordinance of the Township of Fredon."
The purpose of this chapter shall be to promulgate rules, regulations
and standards to formulate and guide land use control in the Township
in order to effectuate and promote the public health, safety, convenience
and general welfare of the Township and the inhabitants thereof. It
shall be administered to ensure the orderly growth and development
and the conservation, protection and proper use of land and to provide
adequate provisions for circulation, utilities and services.
This chapter shall not be construed as superseding or repealing
the zoning ordinances of the Township or any part thereof. All other
ordinances which are inconsistent with the provisions of this chapter
shall be deemed superseded to the extent of such inconsistency.
[Amended 5-25-2017 by Ord. No. 2017-05]
A.
Site plan approval is necessary to obtain a building permit for all
buildings other than one family. No building permit shall be issued
to any person to construct any building, to reconstruct any building
such as to change its outside dimensions or entrances, to construct
any addition or alter the size of any building or to move any building
other than for a permitted one- or two-family residential dwelling,
unless and until site plan approval has been obtained by resolution
of the Land Use Board.
B.
Site plan approval is required to make any alterations on a site.
No person shall alter any parking area, parking aisles, grades, fire
lanes, slopes, manholes, traffic signs on the lot, ingress and egress
roads, required planted area or required buffer area, sidewalks, drainage
facilities, fencing, lighting, utility facilities, curbing or acceleration
or deceleration lanes on any lot or lots other than lots used for
one-family residential dwelling purposes without first obtaining site
plan approval by resolution of the Land Use Board. However, minor
alterations for maintenance, repairs or correction of drainage problems,
as determined by the Township Engineer, are exempted from this requirement.
C.
Site plan approval is required to change use to a different use than
previously approved. No person shall change the use of any lot or
building in the Township of Fredon so as to use any building or lot
for a use different from the use proposed and approved previously
or approved on any previous site plan application to the Land Use
Board without obtaining a new site plan approval by resolution of
the Land Use Board. This section, however, shall not apply to the
use of property for a permitted one-family residential use or to a
change from one kind of retail or office use to another kind of similar
use not requiring more off-street parking or loading, as determined
by the Zoning Officer.
A.
No site work shall be performed, including but not limited to demolition
or site clearance, until a land disturbance/construction permit is
issued.
B.
Upon the Township Land Use Board approving any development, the developer
or his/her authorized agent or representative shall make written request
(copy to the Building Department) to and obtain from the Township
Engineer a land disturbance/construction permit.
[Amended 11-10-2016 by Ord. No. 2016-11[1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
C.
Upon receipt by the Building Department of the land disturbance/construction
permit fee, the Township Engineer shall issue a site work permit in
a form prepared by the Township Engineer.
D.
Every individual or entity seeking a site work permit shall pay a nonrefundable fee, as set forth in Article VIII of Chapter 45, Land Use Procedures, to the Township of Fredon along with the application for a site work permit and deliver the fee to the Building Department along with the copy of the application for a permit.
E.
This section shall be enforced by the Construction Code Official,
Zoning Officer, or Township Engineer of the Township of Fredon.
F.
Violations and penalties.
(1)
Any person or persons who violate this section shall, upon conviction for each and every violation thereof, be subject to the penalties provided by § 424-49. Whenever such violation shall continue for more than one day, each day of continued violation shall be considered a separate violation of this section.
A.
Failure of the Board to render a decision within the time prescribed
by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or within
such further time as may be consented to by the applicant shall constitute
a decision favorable to the applicant. The time periods for approval
shall be as follows, from the date the Board determines the application
to be complete:
(2)
Final approval: 45 days.
(3)
Combined preliminary and final approval: same as preliminary approval.
(4)
Conditional use approval: 95 days.
(5)
Combined application:
(a)
For a conditional use permit and a site plan: 95 days.
(b)
For a site plan or conditional use permit and certain zoning
variances or direction of the issuance of a permit for a building
not related to a street or in an area designated on the Official Map
for public acquisition or use: 95 days.
(c)
For a subdivision plat and/or a conditional use permit and/or
site plan: the time period for approval shall be the longest time
allowed for action by the Land Use Board, whether it is for a subdivision,
conditional use or site plan approval.
B.
If an application is found to be incomplete, the applicant must be
notified within 45 days.
C.
If any application involves variances from lot area, use, lot dimension,
setback or yard requirements, the time for action shall be 120 days.
E.
All times may be extended with consent of the applicant.
The rules, regulations and standards contained in this chapter
shall be considered the minimum requirements for the protection of
the public health, safety and welfare of the Township citizens. Any
action taken by the approving agency under the terms of this chapter
shall give primary consideration to the above mentioned matters and
to the welfare of the entire community. However, if the developer
or his/her agent can clearly demonstrate that, because of the peculiar
conditions pertaining to his/her land, the literal enforcement of
one or more of these regulations is impracticable or will exact undue
hardship, the approving agency may permit such variances as may be
reasonable and within the general purpose and intent of the rules,
regulations and standards established by this chapter.
B.
Review deposit.
(1)
In addition to the filing fee, the applicant shall also deposit funds with the Land Use Board Secretary to cover the cost of review services provided by the Township Engineer, Planning Consultant and other Township personnel. The amount of the deposit shall be as set forth in Article VIII of Chapter 45, Land Use Procedures.
(2)
The Township shall tabulate the costs of the Land Use Board and Township
Engineer, Planner, and Attorney, their staffs and any additional expert
required for a proper review and documentation. These costs shall
be deducted from the engineering/planning/legal review fee deposit.
Where the review costs exceed, or are anticipated to exceed, the review
fee deposit, the applicant shall pay the additional amount prior to
the signing of any site plan or the release of any resolution. Failure
to remit the additional required deposit within 15 days of such request
shall render the application incomplete, and no further proceedings
or action shall be taken by the Land Use Board until after compliance.
Where the review fee costs are less than the review fee deposit, the
difference shall be refunded to the applicant.
[Amended 11-10-2016 by Ord. No. 2016-11[1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
C.
The applicant shall estimate the costs of improvements required as part of the site plan approval by the Land Use Board and shall submit same to the Township Engineer, who shall then tabulate an inspection fee deposit to cover the costs of inspection of the construction of the improvements on the site. The amount of the deposit shall be based upon the estimated costs of improvements and shall be as set forth in Article VIII of Chapter 45, Land Use Procedures. The inspection fee deposit shall be paid to the Township Clerk or such person that may be appointed as Board Secretary prior to preliminary approval of the site plan. In the event that the inspection costs are less than the inspection fee deposit, the difference shall be refunded to the applicant.
D.
For purposes of determining the amount of deposit, if only a portion of the property is to be developed and such property can be further subdivided under the requirements of Chapters 470 and 550 of this Code, the lot area shall be construed to be an area which can be subdivided under the requirements of such chapters wherein all proposed buildings and improvements would meet all required setback and yard requirements. When a site plan for a new building or structure or addition thereto does not involve off-street parking, traffic circulation or drainage facilities, the amount of the deposit as it pertains to lot area shall apply only to the ground floor area of the building or structure.
