The purpose of the site plan review shall be to determine whether the proposed use, building, structure or development, or addition to any building, use, structure or development, conforms to the Revised Statutes of the State of New Jersey, the resolutions of the County of Camden, Chapter 365, Zoning, and all other applicable regulations, and to exercise the powers granted to the Borough pursuant to the provisions of the Municipal Land Use Law. Site plan review shall encourage adequate provision for traffic and circulation, the provision of recreation and open space when required, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of good design, the general purpose of guiding the development of the Borough and to best promote the health, safety, order, convenience and general welfare as well as efficiency and economy in the process of development and the maintenance of established property values.
Site plan review and approval by resolution of the Joint Land
Use Board shall be required as a condition for the issuance of any
permit for development, except that subdivision or individual lot
applications for detached one- or two-dwelling-unit buildings shall
be exempt from such site plan review and approval.
Site plan review and approval must be obtained prior to the
conversion of any use to any other use even though no new construction
is planned when the conversion occurs. The purpose of the Joint Land
Use Board review shall be to determine that the new use will conform
to all appropriate municipal regulations and to assure that the existing
facilities shall be adequate for the proposed use.
[Amended 6-14-1989 by Ord. No. 818; 3-10-1993 by Ord. No. 929; 7-13-2005 by Ord. No. 1164; 2-6-2013 by Ord. No. 1335[1]]
The following regulations shall apply to applications for preliminary
site plan approval:
A.
The applicant shall submit 18 copies of the site plan to the administrative
officer at least 28 days prior to the next regularly scheduled meeting
of the Joint Land Use Board. The administrative officer shall then
forward one copy of the site plan to the Borough Engineer and two
copies of the site plan to the County Planning Board if the proposed
development will have any impact on a county facility.
B.
The administrative officer shall review the site plan to assure that it conforms to the requirements of Chapter 365, Zoning, the graphic standards of this chapter and any other applicable municipal regulations. If the application for development is found to be incomplete, the developer shall be notified of this fact within 45 days of the submission of such application or it shall be deemed to be properly submitted.
C.
If the Joint Land Use Board requires any substantial amendment in
the layout of improvements proposed by the developer that have been
the subject of a hearing, an amended application for development shall
be submitted and proceeded upon as in the case of the original application
for development. The Joint Land Use Board shall, if the proposed development
complies with this chapter and the Municipal Land Use Law, grant preliminary
site plan approval.
D.
Upon the submission to the administrative officer of a complete application
for a site plan for 10 acres of land or less, the Joint Land Use Board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon the submission of a complete application
for a site plan of more than 10 acres, the Joint Land Use 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 Joint Land Use Board shall be deemed to have
granted preliminary approval of the site plan.
E.
Any preliminary site plan applications submitted under the provisions
of this chapter shall include the following:
(1)
A completed application form and the payment of the application fee.
(2)
A true and accurate plot plan at a scale of not less than one inch
equals 50 feet or, in the case of an area of 50 acres, the plot plan
may be drawn to a scale of one inch equals 100 feet. All submissions
must be on a uniform sheet size.
(3)
The zoning classification of the property, the tax plate and block
and lot numbers, the tract name and the owner of record as listed
in the Official Tax Book.
(4)
The location of any proposed buildings, structures, open spaces and
park or recreation areas if the use is residential.
(5)
Natural Resources Conservation Service soil classification.
(6)
Acreage of the tract to the nearest 1/10 of an acre.
(7)
Contours at a maximum two-foot interval; contours should be referenced
to United States Geological Survey datum, extended 200 feet beyond
the lot lines where possible and necessary.
(8)
The location of watercourses and their extent, surface elevation,
depth and their floodplains.
(9)
All lot lines, setback lines, railroads and their rights-of-way,
the location and purpose of any easements, underground or overhead
utility lines in any street which abuts the property.
(11)
A parking and circulation plan showing the location and arrangement
of vehicular accessways and the location, size and capacity of all
parking and loading areas.
(12)
A complete landscape plan, including size and type of all plantings.
(13)
Pavement construction detail.
(14)
A drainage plan containing the following:
(a)
The size, location and slope of any existing or proposed pipes.
(b)
The size, type, invert elevation and location of any existing
or proposed drainage inlets.
(c)
The disposition of all off-site drainage.
(d)
Proposed contours at intervals of one foot where slopes are
more than 3% but less than 15%, and five feet when 15% or more. The
location of any ditches, swales, berms or streams shall also be shown.
(e)
The drainage calculations to substantiate the capacity of the
storing drainage system.
(15)
Curbs, sidewalks and all other areas devoted to pedestrian use.
(16)
The building's front, side and rear elevations and floor
plan.
(17)
Key map showing the location of the site within the Borough.
(18)
The site lighting plan.
(19)
A copy of any protective covenant or deed restrictions applying
to the tract to be developed shall be submitted along with the site
plan.
(20)
Any other information which is deemed to be necessary for the
review of the site plan by the Joint Land Use Board.
F.
Any minor site plan application submitted under the provisions of
this chapter shall include the following:
(1)
A completed application form and payment of the application fees
and escrows.
(2)
An accurate survey at a scale of not less than one inch equals 50
feet, drawn by a licensed professional surveyor in the State of New
Jersey.
(3)
The zoning classification of the property, the tax plate, block and
lot numbers and the owner's and applicant's names and addresses.
(4)
The location of any proposed buildings, structures and parking.
(5)
Acreage of the tract to the nearest 1/10 of an acre.
(6)
Spot elevations at corners of structures, paved areas and handicap
ramps.
(7)
All lot lines and setback lines and the location and purpose of any
easements, underground or overhead utility lines.
(8)
A parking and circulation plan showing the location and arrangement
of vehicular accessways and the location, size and capacity of all
parking and loading areas.
(9)
A complete plan, including location, size and type, of all plantings.
(10)
Pavement construction detail and any other construction detail
necessary to construction.
(11)
Curbs, sidewalks and all other areas devoted to pedestrian use.
(12)
Architectural elevations.
(13)
Key map showing the location of the site within the Borough.
(14)
A complete site lighting plan, including location, size, type
and wattage of all proposed fixtures.
(15)
A copy of any protective covenant or deed restrictions applying
to the tract to be developed, to be submitted along with the site
plan.
(16)
Any other information which is deemed to be necessary for the
review of the plan by the Joint Land Use Board.
The following regulations shall apply to applications for final
site plan approval:
A.
Upon receiving preliminary site plan approval, a developer shall
become eligible to apply for final site plan approval.
B.
The applicant shall submit eighteen copies of the site plan to the
administrative officer at least 28 days prior to the next regularly
scheduled meeting of the Joint Land Use Board. The designated employee
shall then forward one copy of the site plan to the Borough Engineer
and two copies of the site plan to the County Planning Board if the
proposed development will have any impact on a county facility.
[Amended 2-6-2013 by Ord.
No. 1335]
C.
The administrative officer and Borough Engineer shall review the site plan to assure that it conforms to the graphic standards of this chapter, Chapter 365, Zoning, the conditions imposed under the terms of the preliminary site plan approval and any other applicable municipal regulations.
D.
Time for decisions.
(1)
Final approval shall be granted or denied within 45 days after submission
of a complete application to the administrative officer or within
such further time as may be consented to by the applicant. Failure
of the Joint Land Use Board to act within the period prescribed shall
constitute final approval, and a certificate of the administrative
officer as to the failure of the Joint Land Use 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.
(2)
Whenever review or approval of the site plan 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 Joint 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.
E.
No building permit shall be issued and no construction shall commence
until the Construction Official has received an approved site plan
bearing the signature of the Joint Land Use Board Secretary. No certificate
of occupancy shall be issued and no occupancy shall take place until
and unless all construction and required improvements shall be completed
in conformity with the approved site plan and any conditions required
under the terms of the site plan approval.
F.
Any final site plan application submitted under the provisions of
this chapter shall include the following:
(1)
A completed application form and the payment of the application fee.
(3)
The following certification shall appear on the site plan:
|
Final site plan approval granted on ____________ by the Borough
of Lindenwold Joint Land Use Board.
| ||
|---|---|---|
|
SECRETARY
| ||
|
I hereby certify that the engineering conditions imposed on
this application for final site plan approval have been met.
| ||
|
BOROUGH ENGINEER
| ||
The applicant is responsible to include all data required to
enable the Joint Land Use Board and the agencies affiliated with it
to assure that the site plan will be in the best interests of the
public health, safety and general welfare of the Borough. Failure
to supply the information alluded to above shall be sufficient basis
for the disapproval of an application for building design and site
plan approval.
Site plan review shall take into consideration but not be limited
to the following:
A.
Provisions to minimize any adverse effects that the proposed project
could have on the human or natural ecology of the area.
B.
Assurance that the proposed project shall comply with the regulations
of the state, county and Borough.
C.
Parking and traffic control, including design requirements for curbing,
parking areas, driveways, pedestrian walkways and requirements to
further the best interests of the public health, safety and general
welfare.
D.
The protection of the rights of adjoining property owners.
E.
Provisions for necessary utilities such as water, sewers, gas and
electric.
F.
The stormwater collection and disposal system.
G.
Noise abatement, odor and rodent control, and trash and garbage collection.
H.
Provisions for soil erosion control.
The Joint Land Use Board shall be empowered to require that
the applicant furnish a performance bond for any off-site or on-site
improvements shown on his site plan which will affect the public interest,
for the purpose of guaranteeing the completion of said improvements.
An estimate of improvement cost shall be prepared by the Borough Engineer
in order to determine the amount of the performance guaranty. Said
performance guaranty shall have been reviewed and have the approval
of the Borough Solicitor as to both form and amount prior to the issuance
of any permits.
An application for the amending of an approved site plan may
be made by the applicant following the approval of his site plan application
by the Joint Land Use Board. Amendments shall be limited to minor
changes in the design of the proposed development and shall not include
any proposal for a different use of the property as defined in this
article. Applications for amendments to approved site plans shall
adhere to the following procedures:
A.
Applications shall be made in the form of a letter to the Secretary
of the Joint Land Use Board identifying the changes requested. The
letter shall be accompanied by 18 copies of a site plan detailing
the proposed site design change.
[Amended 7-13-2005 by Ord. No. 1164; 2-6-2013 by Ord. No. 1335]
B.
The Secretary shall review the plans in order to ensure that they
comply with the requirements of this article and all appropriate municipal
regulations. He shall then submit the application for an amendment
to the site plan to the Joint Land Use Board for its action.
C.
The Joint Land Use Board shall either approve, approve with conditions
or disapprove the proposed amendment. In the event of a disapproval,
the reasons for the disapproval shall be stated during the public
meeting at which the action is taken. Disapproval may be based on
the Joint Land Use Board's decision that the scope of the proposed
change justifies the submission of a new application for building
design and site plan approval.
D.
In the event of approval with conditions, the plan shall not become
eligible to receive a building permit from the Building Inspector
until such time as a site plan is submitted which is revised to comply
with the conditions imposed by the Joint Land Use Board.
E.
In the event of an approval or an approval with conditions in which
the applicant has submitted a site plan that has been revised to conform
to the requirements established by the Joint Land Use Board, the Secretary
of the Joint Land Use Board shall sign one copy of the approved site
plan and transmit it to the Building Inspector in order that the applicant
may apply for a building permit.
The construction proposed by a preliminary site plan or final
site plan approved by the Joint Land Use Board must be completed within
two years from the date upon which site plan approval was granted
by the Joint Land Use Board. Failure of the applicant to complete
construction within such period shall nullify and void the site plan
approval granted for the premises as if no site plan approval had
ever been granted for the plans, and said applicant will be in violation
of this chapter if any construction or excavation is undertaken or
continued after the expiration date of the two-year period from the
date of approval. The Joint Land Use Board may, upon good cause shown,
extend the period specified above for a reasonable period of time
in order to avoid undue hardship and unfairness.
The Joint Land Use Board, when acting upon applications for
preliminary site plan approval, shall have the power to grant such
exceptions from the requirements for site plan approval as may be
reasonable and within the general purpose and intent of the provisions
for site plan review and approval of this chapter if the literal enforcement
of one or more provisions of this chapter is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.
The Joint Land Use Board shall have the power to review and
approve or deny conditional uses or site plans simultaneously with
review for subdivision approval without the developer being required
to make further application to the Joint Land Use Board or the Joint
Land Use Board being required to hold further hearings. The longest
time period for action by the Joint Land Use Board, whether it be
for subdivision, conditional use or site plan approval, shall apply.
Whenever approval of a conditional use is requested by the developer
pursuant to this section, notice of the hearing on the plat shall
include reference to the request for such conditional use.
A.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to this article, whether conditionally or otherwise, shall not be
changed for a period of two years after the date of final approval.
If the developer has followed the standards prescribed for final approval,
the Joint Land Use Board may extend such period of protection for
extensions of one year but not to exceed three extensions.
B.
In the case of site plan for 150 acres or more, the Joint Land Use Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the Joint Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Joint Land Use Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Joint Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
[Added 8-22-1979 by Ord. No. 522; amended 4-20-1981 by Ord. No.
567; 5-10-1989 by Ord. No. 812; 5-23-1990 by Ord. No. 856; 10-7-2002 by Ord. No. 1120; 7-13-2005 by Ord. No. 1164; 4-8-2009 by Ord. No.
1252[1]]
