[Adopted 4-7-1980 by Ord. No. 80-3 (Ch. 107, Art. II, of
the 1987 Code)]
The Town Council declares that these rules and regulations and
standards for guiding the use of land for various purposes have been
promulgated to provide for the orderly growth and coordinated development
of the Town and to ensure and promote the comfort, convenience, safety,
public health and general welfare of its people, and further that
the approval of such development shall be administered in accordance
with the following considerations:
B.
Recognition of a desirable relationship to the general land form,
its topographic and geologic character, to natural drainage and surface
water runoff and to the groundwater table.
C.
Recognition of desirable standards of subdivision design, including
adequate provision for pedestrian and vehicular traffic, for surface
water runoff and for suitable building sites for the land use contemplated.
D.
Provision for such facilities as are desirable adjuncts to the contemplated
use, such as parks, recreation areas, school sites, firehouses and
off-street parking.
E.
Preservation of such natural assets as mountainous areas, ponds,
streams, shrubs and trees.
F.
Provision of adequate utilities services and circulation.
The provisions of this article shall be administered by the
Planning Board of the Town in accordance with N.J.S.A. 40:55D-1 et
seq., its amendments and supplements.
A.
No permit shall be issued for any structure until the site plan has
been reviewed and approved by the Planning Board, except that the
approval of a site plan for individual lot applications for detached
one- or two-family dwelling unit buildings or accessory buildings
or structures on a lot shall not be necessary unless the site includes
a flood hazard area, a home occupation, is a conditional use or is
on a nonconforming lot. Where site plan review is required, no certificate
of occupancy shall be issued for any newly constructed building or
to a new occupant and/or new use of an existing building until the
proposed use and site plan are reviewed and approved by the Planning
Board to determine whether the parking and loading facilities are
adequate to meet the standards of this article for the proposed use.
Where no more than one tenant may be on one tract and the proposal
involves only one tenant's portion of the tract, the site plan review
shall be limited to that portion of the tract devoted to the tenant's
use. Where more parking or loading is needed, these facilities and
related drainage improvements shall be constructed by the applicant
in accordance with this article prior to the issuance of a certificate
of occupancy for the new occupant.
B.
In any site plan review, the Board shall review the proposal, determine
whether or not the applicable standards provided by this article have
been observed, note objections to such parts of the plan as do not
meet the standards, make corrections and recommendations for changes
to effect compliance with the article and take action on the application.
(1)
Site plan review shall not be required for single-family detached
dwellings when used solely for residential purposes nor for such accessory
uses as a private garage, toolhouse, gardens and private greenhouses,
swimming pools and other similar uses incidental to a single-family
detached dwelling.
(2)
Site plan review shall not be required where:
(a)
Minor repairs to the interior of a building do not involve structural
change or enlargement of the building, as determined by the Construction
Official.
(b)
Minor renovations or alterations to the exterior design of a
building or structure do not involve any enlargement of the building
or major structural change, as determined by the Construction Official.[1]
[1]
Editor's Note: Original § 107-19B(2)(c), regarding
the minimal cost of construction, reconstruction or other improvements,
which immediately followed this subsection, was repealed 4-16-2007
by Ord. No. 2007-10.
(3)
The Zoning Official, at his discretion, may refer any application
for a construction permit to the Planning Board for site plan review
where, in the Zoning Official's judgment, the construction, reconstruction,
alteration or change of use will affect existing circulation, drainage,
landscaping, lighting, off-street parking or the lack of any or all
of these factors or other considerations as specified in this section.
(4)
In addition to referral of site plans to other agencies required
by law to review site plans, the Planning Board may refer site plans
to any other federal, state, county, local, private or quasi-public
agencies for their recommendations within their particular fields
of expertise.
(5)
An application for review and approval of site plans requiring the
approval of the Warren County Planning Board shall comply in all respects
with the Warren County Planning Board standards, specifications and
procedures.
(6)
Clearing, excavation or filling of an area in excess of 5,000 square
feet; grading plan.
[Added 12-17-2007 by Ord. No. 2007-17]
(a)
The clearing, excavation or filling of an area in excess of
5,000 square feet shall require site plan approval unless related
to the construction of one single-family home that does not require
subdivision approval.
(b)
Prior to any clearing, excavation or filling of an area in excess
of 5,000 square feet related to the construction of a single-family
home that does not require subdivision approval, the property owner
shall submit a grading plan and secure approval from the Municipal
Engineer.
Where a use variance is not an issue, any applicant may appear
at a regular meeting of the Planning Board for informal discussion
with reference to a proposed site plan with an informally prepared
plan of sufficient accuracy to be used for the purpose of discussion.
This informal discussion will be to review the overall development
concepts in order to assist the applicant in the preparation of his
site plan. No decisions will be made and no formal action taken on
an informal submission. The data included on an informal submission
shall include sufficient basic data to enable the Board and the applicant
to comment upon design concepts such as building location, ingress
and egress, parking, major natural features that will have to be recognized
or may influence certain design criteria and the applicant's basic
intent for water, sewerage and storm drainage facilities.
A.
For preliminary site plan review, the applicant shall submit data to the administrative officer as itemized in § 318-23. If an application for development is found to be incomplete, the developer shall be notified thereof within 45 days of the submission of such application or it shall be deemed to be properly submitted.
[Amended 3-25-2005 by Ord. No. 2005-04; 4-16-2007 by Ord. No.
2007-04; 6-21-2010 by Ord. No. 2010-08; 3-5-2012 by Ord. No.
2012-02]
(1)
Data shall be submitted at least three weeks before the Planning
Board meeting at which discussion is desired.
(2)
Thirteen sets of prints and three completed copies of the application
shall be submitted.
(3)
One set of prints and one complete copy of the application shall
also be provided to the Board Secretary for submission to the following:
B.
In all cases the Planning Board shall grant or deny preliminary site
plan approval within the following time periods unless some further
time has been consented to by the developer:
C.
Hearing.
(1)
Before any action is taken on any preliminary plan containing more
than 10 acres or for a site plan containing a flood hazard area, the
Planning Board shall conduct a public hearing as established in this
chapter. Action may be taken on a preliminary site plan for 10 acres
of land or less without a public hearing unless in the opinion of
the Planning Board the proposed use, proposed intensity of development,
location of the tract, traffic conditions or environmental concerns
for a property of 10 acres or less are sufficient concern that the
Planning Board desires to receive the public's comments. Where a public
hearing is scheduled for a site plan of 10 acres or less, no action
shall be taken until completion of the public hearing, and the scheduling
and notifications for the hearing shall be in accordance with this
chapter.
(2)
If the Planning Board required any substantial amendment in the layout
of improvements proposed by the developer that had 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 Planning Board shall, if the proposed development
complies with this article and with N.J.S.A. 40:55D-1 et seq., grant
preliminary site plan approval.
D.
Approval rights.
(1)
Preliminary approval of a site plan shall, except as provided in Subsection D(2) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including, but not limited to, use
requirements, layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements; any requirements
peculiar to site plan approval; except that nothing herein shall be
construed to prevent the Town from modifying by ordinance such general
terms and conditions of preliminary approval as relate to public health
and safety.
(b)
That the applicant may submit for final approval on or before
the expiration date of preliminary approval the whole or a section
or sections of the preliminary site plan.
(c)
That the applicant may apply for and the Planning Board may
grant extensions on such preliminary approval for additional periods
of at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards shall govern.
(2)
In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection D(1)(a),(b) and (c) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary 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 permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval, economic conditions and the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards shall govern.
E.
County review. Before approval of a site plan and where the county
has adopted a site plan resolution, the administrative officer shall
submit one copy of the site plan to the County Planning Board for
its review and action. The County Planning Board shall have 30 days
from receipt of the site plan to report to the Town Planning Board.
In the event of disapproval, such report shall state the reasons therefor.
If the County Planning Board fails to report to the Town Planning
Board within the thirty-day period, the site plan shall be deemed
to have been approved by the County Planning Board and the Town Planning
Board; provided that, with approval of the applicant, the thirty-day
period may be extended for an additional 30 days and any extension
shall so extend the time within which the Town Planning Board is required
to act.
A.
Final approval of a site plan shall be granted if the plans and accompanying
data conform to the requirements of this article and any conditions
imposed under preliminary approval. Final approval shall be granted
or denied within 45 days after submission of the complete application
to the administrative officer of the Planning Board or within such
further time as may be consented to by the applicant. The zoning requirements
applicable to the preliminary approval first granted and all other
rights conferred upon the developer pursuant to the Municipal Land
Use Law, 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 Planning Board may extend such period of protection for extensions
of one year but not to exceed three extensions. Upon granting of final
approval, the rights conferred upon the applicant by the granting
of preliminary approval shall be terminated upon final approval.
B.
Exceptions. The Planning 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 article if the literal enforcement
of one or more provisions of the article is impractical or will exact
undue hardship because of peculiar conditions pertaining to the land
in question.
C.
Simultaneous site-subdivision review. The Planning 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's
being required to make further application to the Planning Board or
the Planning Board's being required to hold further hearings. The
longest time period for action by the Planning 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 provision, notice of the hearing on the plan shall
include reference to the request for such conditional use.
D.
Hearing. Hearing notices shall be given and actions taken by the
Planning Board when reviewing site plans simultaneously with applications
requiring considerations for conditional uses, variances or permits
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area or for permits for
a building or structure not related to a street shall be recorded.
E.
Denial. In the event the Planning Board disapproves the plans, no
building permit or certificate of occupancy shall be issued. Any applicant
wishing to make a change in an approved application shall follow the
same procedure as for the original application. In the case of a new
tenant, new occupant or a new use, the approved site plan for the
original tenant, occupant or use may be submitted where no changes
are contemplated by the new tenant or occupant. The original plan
shall be reviewed in light of the new tenant or occupant's use in
the same manner as a new plan. If approved, it shall be stamped and
signed. If denied, the reasons shall be given to the applicant.
All improvements involving public property, such as roadways, curbs, sidewalks, trees, drainage, lighting, street signs and other such facilities, shall be in accordance with the procedures outlined in Article I, Subdivision of Land, and shall include all retention and detention facilities and impoundment facilities along streams. Upon completion of all improvements on a site for which site plan approval has been given, two copies of the approved site plans shall be submitted, along with all cross sections and construction plans, all of which shall be marked "as built." These drawings shall show all authorized changes, revisions, deletions, additions or other deviations from the approved site plan drawings.
A.
Site plan preparation for preliminary and final approval. Every site
plan shall be at a minimum scale of one inch equals 10 inches, 20
inches, 30 inches, 40 inches or 50 inches, prepared by a New Jersey
licensed architect or engineer, and shall bear his signature and seal
or registration, including accurate lot lines certified by a New Jersey
licensed land surveyor, submitted on one of four of the following
standard sheet sizes: 8 1/2 by 13 inches, 15 inches by 21 inches,
24 inches by 36 inches or 30 inches by 42 inches. A site plan shall
include the following data [If one sheet is not sufficient to contain
the entire territory, the map may be divided into sections to be shown
on separate sheets of equal sizes, with reference on each sheet to
the adjoining sheets]: all lot lines and the exterior boundaries of
the tract; North arrow; graphic scale; zone district(s) in which the
lot(s) is (are) located; date of original drawing and each subsequent
amendment; existing and proposed street(s) and street name(s); existing
and proposed contours at two-foot intervals and other topographic
data throughout the tract and within 100 feet of any building or paved
area under review; title of the plan; streams; total acreage to 1/100
of an acre; total number of parking spaces; all dimensions, areas
and distances needed to confirm conformity with the article, such
as but not limited to building lengths, building coverage, lot lines,
parking spaces, loading spaces, setbacks and yards; a small key map
giving the general location of the parcel within the Town; a separate
map showing the site in relation to all remaining lands in the present
owner's ownership; and names and addresses of applicant, owner and
adjoining property owners.
B.
Site plan information for preliminary and final approval. Each site
plan shall have the following information shown thereon or annexed
thereto and shall be designed to comply with the applicable provisions
of this article:
(1)
Building and use plan. Size, height, location, arrangement and use
of all proposed buildings, structures and signs, including an architect's
scaled elevation of the front, side and rear of any structure and
sign to be erected or modified to the extent necessary to apprise
the Planning Board of the scope of the proposed work, shall be shown.
Any existing structures shall be identified as either to remain or
be removed. A written description of the proposed use(s) and operation(s)
of the building(s) shall be included, including the number of employees
or members of nonresidential buildings; the proposed number of shifts
to be worked and the maximum number of employees on each shift; expected
truck and tractor-trailer traffic; emission of noise, glare, vibration,
heat, odor, air and water pollution; safety hazards; and anticipated
expansion plans incorporated in the building design. Floor plans shall
be submitted.
(2)
Circulation plan. This plan shall show access streets and street
names, acceleration/deceleration lanes, curbs, aisles and lanes, access
points to public streets, sight triangles, traffic channelization,
easements, fire lanes, driveways, number and location of parking and
loading spaces, loading berths or docks, pedestrian walks and all
related facilities for the movement and storage of goods, vehicles
and persons on the site, and including lights, lighting standards,
signs and driveways within the tract and within 100 feet of the tract.
Sidewalks shall be shown from each entrance/exit along expected paths
of pedestrian travel, such as but not limited to access to parking
lots, driveways, other buildings on the site and across common yard
areas between buildings. Plans shall be accompanied by cross sections
at a scale of one inch equals five feet at fifty-foot intervals of
new streets, aisles, lanes and driveways. Any expansion plans for
the proposed use shall show feasible parking and loading expansion
plans to accompany building expansion.
(3)
Natural resources plan. This plan shall show existing and proposed
wooded areas, buffer areas, including the intended screening devices
and buffers, grading at two-foot contour intervals inside the tract
and within 50 feet of its boundaries, seeded and/or sodded area, ground
cover, retaining walls, fencing, signs, recreation areas, shrubbery,
trees and other landscaping features. This plan shall show the location
and type of man-made improvements and the location, species and caliper
of plant material and trees to be located on the tract. All portions
of the property not utilized by buildings or paved surfaces shall
be landscaped and fencing, shrubbery, lawn area, ground cover, rock
formations, contours, existing foliage and the planting of coniferous
and/or deciduous trees native to the area in order to maintain or
reestablish the vegetation in the area and lessen the visual impact
of the structures and paved areas shall be taken into consideration.
The established grades and landscaping on any site shall be planned
for aesthetic, drainage and erosion control purposes. The grading
plan, drainage facilities and landscaping shall be coordinated to
prevent erosion and siltation as outlined under the soil erosion and
sediment control, the soil removal and the grading provisions of this
article, as well as to ensure that the capacity of any natural or
man-made drainage system is sufficient to handle the water from the
site and contributing upstream areas.
(4)
Facilities plan. This plan shall show the existing and proposed locations
of all drainage; open space; common property; fire, gas, electric,
telephone, sewerage and water line locations; and solid waste collection
and disposal methods, including proposed grades, sizes, capacities
and materials to be used for facilities installed by the applicant.
Installations by utility companies need only show their locations
on the plan. All easements acquired or required on the tract and across
adjacent properties shall be shown and copies of legal documentation
that support the granting of an easement by an adjoining property
owner shall be included. All proposed lighting shall be shown, including
the direction, angle, height and reflection of each source of light.
All utilities shall be installed underground. All required state and
federal approvals for environmental considerations shall be submitted
prior to site plan approval. Drainage facilities shall include facilities
to comply with the stormwater runoff provisions of this article. The
method of sewage treatment and solid waste disposal shall be shown,
and percolation tests from sufficient locations on the site to allow
a determination of adequacy by the Town Board of Health and Warren
County Health Department shall be included where septic tanks and
leaching fields are permitted and are proposed. Such plans shall be
reviewed by the Board of Health, Warren County Health Department or
Town Engineer, as applicable, with recommendations to the Planning
Board. All public services shall be connected to an approved public
utilities system where one exists.
C.
The standards noted above and elsewhere in this article shall be
for the general purpose of enhancing the neighborhood; providing adequate
access to off-street parking and loading facilities for employees,
visitors and residents; providing buffering techniques for safety
and/or aesthetic purposes; preventing uses which violate applicable
state and federal safety and environmental regulations; preserving
floodways and flood hazard areas; and requiring that all raw materials,
fuel, goods in process, finished goods, machinery and equipment shall
be housed and/or screened from residential uses.
D.
Recycling facilities. There shall be included (designed and built)
within all multifamily housing developments, which shall mean any
building containing three or more dwelling units occupied or intended
to be occupied by persons living independently of each other or a
group of such buildings, recycling facilities, which shall mean an
area allocated for collection and storage of source-separated recyclable
solid waste materials, meeting the following criteria:
[Added 5-16-1994 by Ord. No. 94-07]
(1)
The facility may be located either indoors or out-of-doors and shall
provide for the safe, efficient and sanitary collection and storage
of residentially generated recyclable materials.
(2)
The dimensions and volume capacity of the recycling facilities shall
be sufficient to accommodate recycling bins or containers which are
of an adequate size and number so as to be consistent with the anticipated
usage and current methods of collection of such materials in the Town
of Belvidere.
(3)
The dimensions and capacity of the recycling facility and of the
bins and containers contained therein shall be determined after prior
consultation with the Recycling Coordinator of the Town of Belvidere.
(4)
The recycling facilities shall be consistent with the district recycling
plan adopted pursuant to N.J.S.A. 13:1E-99.13 and with all applicable
provisions of the Recycling Plan Element of the Master Plan of the
Town of Belvidere and the provisions of N.J.S.A. 40:55D-28b(12), with
the exception that the provisions thereof shall be deemed applicable
to multifamily housing developments as hereinabove defined.
(5)
The recycling facility shall be conveniently located for efficient
disposition by the residents of source-separated recyclable materials
in proximity of but clearly separated from a solid waste refuse dumpster
or dumpster area.
(6)
The recycling facility area shall be well lighted and shall provide
safe and convenient access to the users thereof and the recycling
personnel, their vehicles and equipment, which shall be able to readily
access the recycling facility area without interference from parked
cars or other obstacles.
(7)
Reasonable measures shall be taken to secure and protect the recycling
facility area against the theft of recyclable materials, bins or containers.
(8)
The recycling facility shall be designed, located and protected against
adverse environmental conditions which might otherwise render the
collected materials unusable or unmarketable, including, but not limited
to, provision that recyclable paper and cardboard shall be stored
in a facility with a closed lid, in order to keep the same dry.
(9)
Signs shall be installed clearly identifying the recycling facility
area and the individual materials bins located therein, which shall
be posted at all points of access to the area. Each individual bin
or collection container shall be placarded with a sign indicating
the nature of the materials to be placed therein.
(10)
Landscaping and/or effective fencing or other screening shall
be provided around any outdoor recycling area in a manner so as to
effectively screen the same from view of adjoining residences and
vehicles traveling on adjoining streets or roadways in an aesthetically
pleasing manner.
A.
All site plans and major subdivisions shall incorporate soil erosion
and sediment control programs phased according to the scheduled progress
of the development, including anticipated starting and completion
dates. The purpose is to control soil erosion and sediment damages
and related environmental damage by requiring adequate provisions
for surface water retention and drainage and for the protection of
exposed soil surfaces in order to promote the safety, public health,
convenience and general welfare of the community.
B.
Regulation. No building permit shall be issued for any application
requiring either site plan or major subdivision approval until such
approval has been given by the approving authority, including review
and approval of the soil erosion and sediment control plan. Guaranties,
inspection and inspection fees, violations and penalties shall be
as outlined in this article.
C.
Data required.
(1)
The applicant shall submit a natural resources plan as outlined under
the site plan provisions of this article, which shall clearly establish
the means for controlling soil erosion and sedimentation for each
site or portion of a site when developed in stages.
(2)
The soil erosion and sediment control measures shall be certified
by the Town Engineer and approved by the approving authority. The
applicant may consult with the County Soil Conservation District in
the development of the plan and the selection of appropriate erosion
and sediment control measures. The applicant shall bear the final
responsibility for the installation and construction of all required
soil erosion and sediment control measures according to the provisions
of this article.
(3)
The applicant shall submit to the approving authority a separate
soil erosion and sediment control plan for each subdivision, site
plan review, zoning variance or any application for construction for
which the Uniform Construction Code of the State of New Jersey would
require a building permit. Such plan shall be prepared by a professional
engineer licensed in the State of New Jersey, except in instances
where the preparation of a plan does not include or require the practice
of engineering as defined in N.J.S.A. 45:8-28, and shall contain:
(a)
Location and description of existing natural and man-made features
on and surrounding the site, including general topography and soil
characteristics, and a copy of the Soil Conservation District soil
survey (where available).
(b)
Location and description of proposed changes to the site, including
contours and spot elevations showing existing and post-construction
conditions.
(c)
Measures for soil erosion and sediment control.
(d)
A schedule of the sequence of installation of planned erosion
and sediment control measures as related to the progress of the project,
including anticipated starting and completion dates.
(e)
All proposed revisions of data required shall be submitted for
approval.
(f)
Description of means for maintenance of erosion and sediment
control measures and facilities during and after construction.
D.
General design principles. Control measures shall apply to all aspects
of the proposed land disturbance and shall be in operation during
all stages of the disturbance activity. The following principles shall
apply to the soil erosion and sediment control plan:
(1)
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which minimize soil erosion, clearing, land disturbance
and soil compaction.
[Amended 3-20-2006 by Ord. No. 2006-06]
(2)
Whenever feasible, natural vegetation shall be retained and protected.
Disturbed naturally vegetated areas shall be re-established with native
plant species.
[Amended 3-20-2006 by Ord. No. 2006-06]
(3)
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits.
(4)
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas, including
steep slopes, during construction or other land disturbances.
[Amended 3-20-2006 by Ord. No. 2006-06]
(5)
Drainage provisions shall accommodate increased runoff resulting
from modified soil and surface conditions during and after development
or land disturbance.
(6)
Water runoff shall be minimized and retained on site wherever possible
to facilitate groundwater recharge.
(7)
Sediment shall be retained on site.
(8)
Diversions, sediment basins and similar required structures shall
be installed prior to any on-site grading or land disturbance.
E.
Maintenance. All necessary erosion and sediment control measures
installed under this section shall be adequately maintained for one
year after completion of the approved plan or until such measures
are permanently stabilized as determined by the Town Engineer, whichever
is longer. The Town Engineer shall issue the applicant, upon the applicant's
request, certification of this determination.
F.
Exemptions. The following activities are specifically exempt from
the soil erosion and sediment control provisions:
(1)
Land disturbance associated with the construction of a single-family
dwelling unit unless such unit is a part of a proposed subdivision,
site plan, zoning variance or building permit application involving
two or more such single-family dwelling units.
(2)
Land disturbance of 5,000 square feet or less of the surface area
of land for the accommodation of construction for which the Uniform
Construction Code of the State of New Jersey would require a building
permit.
(3)
Agricultural use of lands when operated in accordance with a farm
conservation plan approved by the local Soil Conservation District
or when it is determined by the local Soil Conservation District that
such use will not cause excessive erosion and sedimentation.
(4)
Use of land for gardening primarily for home consumption.
(5)
Percolation tests and/or soil borings.
The excavation and grading for completion of a site plan or
subdivision shall be done in accordance with the approved subdivision
plat or site plan which contains soil erosion and sediment control
provisions. Any application proposing the disturbance of more than
5,000 square feet of surface area of land as defined in the Soil Erosion
and Sediment Control Act, P.L. 1975, c. 251,[1] shall include on its subdivision or site plan the following:
the means to prevent erosion and provide for sedimentation control,
drainage, dust and mud on the premises as well as on abutting lands;
the preservation of soil fertility and the resulting ability of the
area affected to support plant and tree growth by maintenance of adequate
topsoil consisting of at least six inches of the original layer; maintenance
of necessary lateral support and grades of abutting lands, structures
and other improvements; prevention of pits and declivities which are
hazardous or which provide insect breeding locations; the physical
characteristics and limitations of the soil for the use to which the
land may lawfully be put; and such other factors as may reasonably
bear upon or relate to the public health, safety and general welfare.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
[Amended 3-20-2006 by Ord. No. 2006-06]
A.
All stormwater management measures for a development regardless of use, including structural stormwater management strategies, detention basins and other stormwater management facilities and stormwater collection and conveyance structures, shall be designed in accordance with and comply with the provisions of Chapter 433, Stormwater Control, of the Code of the Town of Belvidere and N.J.A.C. 5:21-7 et seq.
A.
Administration. These rules, regulations and standards shall be considered
the minimum requirements for the protection of the public health,
safety and welfare of the citizens of the Town and shall be administered
pursuant to the Municipal Land Use Law, P.L. 1975, c. 291, and the
Town Land Use Procedures Ordinance.[1] Any action taken by the Planning Board and the Town Council
under the terms of this article shall give primary consideration to
the above-mentioned matters and to the welfare of the entire community.
However, no additional right-of-way or improvements will be required
for a subdivision with minor adjustments in boundaries between two
existing lots which do not result in the creation of any new lots.
Also, if the subdivider or his agent can clearly demonstrate that,
because of peculiar conditions pertaining to the land in question,
the literal enforcement of one or more of these regulations is impracticable
or will exact undue hardship, the Board may permit such exception
or exceptions as may be reasonable and within the general purpose
and intent of the rules and regulations and standards established
by this article.
B.
Exemption. Divisions of land that shall not be considered a subdivision as defined in Article I shall be exempt from compliance with the requirements of this article only after affirmative action by the Planning Board favorably recommending an exemption to the Town Council and thereafter being confirmed by the Town Council. Such action shall be taken following submission of documentation to the Board showing the division of land for agricultural purposes as defined by Article I and resulting parcels five acres or larger in size; divisions by testamentary or intestate provision; or division of property by court order, as the case may be. Until exemption from the provisions of Article I by the Planning Board and Town Council, no person can transfer, sell or agree to sell, as owner or agent, any land which forms a part of a division of land as a result of being classified in one or more of the above categories. Violation of this provision shall subject the person to the penalties as set forth in this article.
A.
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision on
which, by ordinance, the Board is required to act, such person shall
be subject to a penalty not to exceed $1,000 and each lot disposition
so made may be deemed a separate violation.
B.
In addition to the foregoing, the municipality may institute and
maintain a civil action:
C.
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the developer or his assigns
or successors, to secure the return of any deposits made or purchase
price paid, and also a reasonable search fee, survey expense and title-closing
expense, if any. Any such action must be brought within two years
after the date of the recording of the instrument of transfer, sale
or conveyance of the land or within seven years, if unrecorded.
A.
Terminology.
(1)
The word "driveway," in addition to its regularly accepted common
meaning, shall also refer to any lane, way, field entrance or privately
owned road.
(2)
A driveway is altered when it is paved, widened, narrowed, relocated
or when its grade is changed or when it is modified in any other way
so that it alters the prior existing drainage from said driveway onto
a public right-of-way. No existing field approach will be considered
a driveway for the construction of residential dwellings without applying
for a driveway permit.
B.
Deposits.
(1)
No driveway may be constructed nor shall any existing driveway be
altered within or along an existing public road unless the owner first
obtains a driveway permit from the Town Engineer.
(2)
No driveway shall be constructed nor shall any existing driveway
be altered within or along an existing public road unless the owner
provides the Town with a performance bond, either in cash or issued
by a bonding company licensed to do business in New Jersey, in the
amount of the estimate of the Town Engineer as to the cost of the
driveway construction or alteration work to be undertaken by the owner
within the right-of-way. Such bond shall be for the proper construction
of the driveway and shall be returned to the applicant if the Town
Engineer as hereinafter provided determines that the driveway has
been constructed or altered in conformance with this article without
cost to the Town. If such is not the case, the Town may, at its option,
use the bond to bring said driveway into conformance with this article.
(3)
In place of the above-mentioned bond, a certified check for the cost
of work performed within the Town right-of-way may be provided.
C.
Slope. All driveways to be constructed or existing driveways to be
altered which intersect with the right-of-way line of any existing
or future public road shall be constructed or altered in accordance
with the following minimum requirements: No driveway shall have a
grade greater than +6% for the first 20 feet from the property line.
D.
Angle of driveway.
(1)
Two-way operation. Driveways used for two-way operation will intersect
the road at an angle as near to 90° as site conditions will permit
and in no case will be less than 60°.
(2)
One-way operation. Driveways used by vehicles in one direction of
travel (right turn only) shall not form an angle smaller than 45°
with a road.
E.
Width. The dimensions of the driveways shall be designed to adequately
accommodate the volume and character of vehicles anticipated to be
attracted daily upon the land development for which a site plan is
prepared. The required maximum and minimum dimensions for driveways
are indicated in the following table:
|
One-Way Operations
|
Two-Way Operations
| |||
|---|---|---|---|---|
|
Curbline Open
(feet)
|
Driveway Width
(feet)
|
Curbline Open
(feet)
|
Driveway Width
(feet)
| |
|
1- to 9-family residential
|
15 to 23
|
10 to 18
|
25 to 30
|
20 to 26
|
|
10-family-or-more residential
|
15 to 30
|
10 to 26
|
25 to 35
|
20 to 30
|
|
Low-volume commercial (less than 10 parking stalls)
|
15 to 23
|
10 to 18
|
25 to 30
|
20 to 26
|
|
Commercial or industrial
|
30 to 50
|
24 to 34
|
30 to 50
|
24 to 46
|
|
Service stations
|
18 to 38
|
12 to 24
|
25 to 30
|
20 to 34
|
F.
Erosion control. All driveways shall be constructed and maintained
at all times in such a manner as to prevent erosion of the soil from
them and land adjoining them. Water and silt shall be prevented from
running onto the public roadways, filling up road gutters, catch basins,
inlets or drainpipes.
G.
Drainage interference. All driveways constructed or altered within
the public road right-of-way shall be constructed in such a manner
as not to interfere with the drainage along the existing pavement
or traveled way. Under no circumstances shall the driveway be allowed
to extend beyond the edge of the existing ditch line and create a
hump or uneven driving surface on the pavement or traveled way or
shoulder.
H.
Gutters. The construction of a properly sized dish-type gutter will
be permitted, provided that existing water flow will not be blocked,
altered or changed in any manner.
I.
Culvert pipes. The installation of a suitably sized reinforced concrete
pipe or culvert shall be required in the event that the existing flow
line or ditch cannot be crossed with a shallow dish-type gutter. The
size of the pipe or culvert required shall be subject to the approval
of the Town Engineer.
J.
Construction material. All driveways constructed or altered for a
distance of 25 feet from the edge of the road pavement shall be constructed
of the following materials:
(2)
Access roads other than driveways.
(3)
All material shall comply with New Jersey State Highway Department
Standard Specifications for Road and Bridge Construction, 1961 Edition,
and all amendments and revisions thereto.
(4)
Permeable paving materials which reduce the rate of runoff and total
suspended solids (TSS) and promote groundwater recharge shall be permitted
for all single-family residential driveways.
[Added 3-20-2006 by Ord. No. 2006-06]
K.
Location of driveways.
(1)
All driveways to a public right-of-way shall be located to afford
maximum safety to traffic on the right-of-way.
(2)
Any driveway shall be so determined in profile and grading and shall
be so located to permit the following minimum sight distance measured
in each direction along the public right-of-way [The measurement shall
be from the driver's seat of a vehicle standing on that portion of
the gutter line driveway that is eight feet outside the edge of the
county road traveled way or shoulder]:
|
Allowable Speed on Public Right-of-Way
(mph)
|
Required Sight Distance
(feet)
|
|---|---|
|
30 or less
|
200
|
|
35
|
250
|
|
40
|
300
|
|
45 or greater
|
350
|
(3)
Where two or more driveways connect a single site to any one road,
a minimum clear distance of 25 feet measured along the right-of-way
is required.
L.
Miscellaneous driveway specifications.
(1)
Where curbs exist, a full section of curb shall be entirely removed
and depressed curb constructed in accordance with the New Jersey State
Highway Department Standard Specifications for Road and Bridge Construction
1961. Curb radii of existing curbs shall not be broken or depressed.
No driveways shall be located closer than 25 feet to the end of a
radius of an intersection. (If the radius is not defined clearly,
the Town Engineer shall establish the intersection radius.)
(2)
Where concrete sidewalks exist or are proposed to be constructed
as a part of a project, a concrete ramp not less than six inches in
thickness shall be built connecting the inner edge of the depressed
curb with the outer edge of the sidewalk. Outer edge of sidewalk must
carry the same grade as existing sidewalk and not be depressed.
(3)
In cases where drainage ditches exist along Town roads where a driveway
is to be constructed, a reinforced concrete pipe must be installed
under the driveway. The size of this pipe is to be determined by the
applicant's using the rational method and based on a twenty-five-year
storm. If more than one driveway is to be constructed, a continuous
storm drain pipe shall be installed between the driveways or connected
to an intervening storm drain system. If the proposed drainage pipe
connects with an existing storm drainage system, a Type B catch basin
shall be constructed. The center of the pipe shall be no less than
15 feet from the existing center line of the road.
M.
Procedure. The Town Engineer shall require a person or persons, firm
or corporation applying for a driveway permit to submit an application,
together with a plan in sufficient detail, to the Town Engineer for
his review and for his approval prior to the issuance of said permit.
The plan shall show or include the following information:
(1)
A plot plan or site plan showing the driveway for its entire length
and its relation to the public road.
(2)
A profile of the driveway showing existing and proposed center line,
grades and elevations for its entire length.
(3)
A plan showing the type of storm drainage to be constructed at the
driveway entrance to the public road, i.e., dish-type gutter, pipe
or culvert. Sizes of pipes, culverts and gutters, grades, elevations,
typical cross sections, construction details and any other information
deemed necessary to the proper analysis of the installation shall
also be shown.
(4)
If a driveway existed at the date of the adoption of this article
and the owner has determined to alter said existing driveway, including
blacktopping, then the owner shall file an application with the Town
Engineer on forms provided for existing driveway improvement. The
Town Engineer or his designee shall inspect the premises and review
the application as to the proposed improvement, and if it is his determination
that the proposed improvement complies with the standards of this
article, then in that event he shall issue a permit to said applicant.
If the determination is that the proposed improvement of the driveway
will cause an alteration or a modification of the driveway which does
not comply with the standards of this article, then the applicant
will receive written notice to comply with remaining provisions of
the article.
(5)
All cost of materials required and work performed shall be borne
by and paid by the applicant or owner of the affected property.
(6)
Application for driveway permit must include four copies of a plot
plan of property accurately drawn to a scale not greater than one
inch equals 30 feet, showing the location of the proposed structure
on the property as well as all existing driveways, intersections,
streets, drainage structures or other structures within 200 feet of
the proposed driveway location.
(7)
Driveway plans must include a profile at a scale not greater than
one inch equals 30 feet horizontal and one inch equals three feet
vertical of the proposed driveway location from the center line of
the Town road to a point at least 40 feet from the existing edge of
pavement. The driveway profile for the first 20 feet from the gutter
line of the Town road shall be not greater than ±6%.
(8)
Plans must show extent of paving to be done in the Town right-of-way
for the driveway, along with the materials to be used.
(9)
Plans must show the required sight triangle, along with a statement
that the required sight area will be kept clear.
(10)
Plans must show turnaround area off right-of-way.
N.
Inspection. Upon notice to the Town Engineer of the completion of
the construction of the driveway, the Town Engineer or his designee
shall inspect same and shall endorse the driveway permit to evidence
compliance or noncompliance, and the driveway shall not be deemed
in accord with the provisions of this article unless and until the
said permit has been so endorsed. Failure of the Town Engineer to
endorse the driveway permit within 30 days after submission of said
permit to him for endorsement shall be deemed as approval by the Town.
O.
Violations. Any person or persons, firm or corporation violating
the provisions contained herein which results in damage to or obstruction
of any public road, gutter, storm drain, ditch, basin, inlet or culvert
shall be responsible for all expenses incurred by the Town of Belvidere
for the repair of said damage.
P.
Duration of permit. Permit shall be in effect for one year from the
date of issue. Thereafter the permit shall be void and a new permit
must be applied for. An extension may be obtained if in the judgment
of the Town Engineer the request is warranted.
Q.
Fee for driveway permit. Prior to the issuance of a driveway permit
by the Town Engineer, the applicant for said permit shall pay a fee
to the Town Clerk of $125 for each driveway.
[Added 4-6-1992 by Ord. No. 92-02]
[Amended 1-1-1985 by Ord. No. 84-51; 8-19-1985 by Ord. No. 85-6; 8-1-1988 by Ord. No. 88-13; 5-21-1990 by Ord. No. 90-8; 7-20-1992 by Ord. No.
92-09]
Every application for a site plan review by the Planning Board
or a review and hearing before the Planning Board shall be accompanied
by a check payable to the Town of Belvidere in accordance with the
following schedule:
A.
Filing fee. The following application fees covering administration
and overhead shall be charged to the applicant for a site plan review
and shall be collected by the Town Clerk, or such person that may
be appointed as Board Secretary, at the time of submission of an application
to the Planning Board for approval:
B.
Required deposits.
(1)
The following deposits shall be submitted by the applicant at the
time of submission of an application to the Planning Board for approval.
Said deposit shall cover the costs of engineering, legal and professional
planner review and documentation fees and disbursements.
(2)
The Town shall tabulate the costs of the Planning Board and Town
Engineer, Planner and Attorney, their staffs and any additional experts
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
deposit, an applicant shall pay the additional amount prior to further
consideration on the application. Failure to remit the additional
required deposit within 15 days of request shall render the application
incomplete, and no further action shall be taken by the Planning Board
until after compliance. Where the review fee costs are less than the
review fee deposit, the difference shall be refunded to the applicant
within 120 days of the signing of the site plan.
C.
Site plan resubmission. Such resubmission of a site plan previously
withdrawn by the applicant or disapproved by the Planning Board: $500
filing fee and $250 review deposit.
D.
Engineering/inspection fees and costs associated with site plan improvements.
(1)
The applicant shall estimate the costs of improvements required as
part of the site plan approval by the Planning Board and shall submit
same to the Town Engineer, who shall then tabulate an inspection fee
deposit to cover the costs of inspection of the construction of improvements
on the site. The amount of the deposit shall be based upon the estimated
costs of improvements and shall be as follows:
|
Estimated Cost of Improvement
|
Inspection Fee Deposit
|
|---|---|
|
$0 to $10,000.00
|
$150.00, plus 7% over $1,000.00
|
|
$10,000.01 to $50,000.00
|
$1,000.00 plus 5% over $10,000.01
|
|
$50,000.01 to $100,000.00
|
$4,600.00, plus 5% over $50,000.01
|
|
$100,000.01 to $200,000.00
|
$8,400.00, plus 4 1/2% over $100,000.01
|
|
Over $200,000.00
|
$15,000.00 plus 4% over $200,000.00
|
(2)
The inspection fee deposit shall be paid to the Town Clerk or such
person that may be appointed as Board Secretary prior to final 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 within 120 days of the completion of the improvements.
E.
List of persons within 200 feet: $15.
F.
Extension of approvals: $250 filing fee and $350 review deposit.
G.
Zone changes: Applications or requests to consider a change in the
zoning ordinance made either to the Planning Board or the Town Council
shall be subject to the payment of a filing fee of $1,000 and a review
deposit in the amount of $3,500.
