Prior to the issuance of a certificate of occupancy or construction
permit, site plan approval by the Planning Board or Zoning Board of
Adjustment, as applicable, shall be required for all applications
not meeting the definition of "site plan, exempt." Minor site plans
shall require only final approval. Major site plans shall require
preliminary and final approval which, at the discretion of the Planning
Board or Zoning Board of Adjustment, as applicable, may be granted
at the same time.
A.
Information required. Please see Joint Land Use Board Application, attached to Chapter 94 as Exhibit A and made a part hereof.
[Amended 2-25-2019 by Ord. No. 19-01]
B.
Waiver and modification. In accordance with the provisions of N.J.S.A.
40:55D-51 and/or N.J.S.A. 40:55D-10.3, the Planning Board may waive
or modify any of the above submission requirements in any instance
where the Planning Board finds that said requirement is not necessary
in order to review said site plan.
C.
Procedures for filing. All information required by § 94-99A, as well as proof of payment of taxes, shall be filed with the Borough Clerk at least ten (10) days prior to the regularly scheduled meeting of the Planning Board at which the applicant desires his application to be considered. Upon acceptance of the application and the requisite fees, the Borough Clerk shall retain one (1) copy of the application and other information in his office for review by any interested person during normal business hours and shall forward the remaining copies to the Zoning Officer, who shall review the application and issue a report to the Planning Board as to compliance or noncompliance of the proposed site plan with the requirements of all borough ordinances.
A.
Preliminary review of major site plans.
(1)
The Planning Board shall make a preliminary review of the application at the first regularly scheduled meeting of the Planning Board occurring at least fourteen (14) days after the filing of the application as set forth in § 94-99C.
(2)
The applicant and/or his attorney, architect, engineer or contractor
shall be present at the preliminary review to testify as to the proposed
site plan application, and any other interested person shall have
the right to testify and be heard.
(3)
At the preliminary review, the applicant shall present proof of notice as required by § 94-91. In the event that the applicant fails to comply with the notice provisions of § 94-91, the application shall not be considered until the next regularly scheduled meeting of the Planning Board at which proper proof of notice is presented.
(4)
In conducting a preliminary review, the Planning Board may make suggestions
for modifications, revisions or alterations of the proposed site plan.
In the event that the applicant accepts such modifications, revisions
or alterations of the site plan, the applicant shall file with the
Borough Clerk, at least fourteen (14) days prior to final review,
all plans, drawings and other information necessary to incorporate
such modifications, revisions or alterations in the site plan.
B.
Final review of major and minor site plans.
(1)
The Planning Board shall take final action on all applications for
site plan approval at the first regularly scheduled meeting of the
Planning Board following preliminary review.
(2)
The applicant and/or his attorney, architect, engineer or contractor
shall be present at the final review to testify as to the proposed
site plan application, and any other interested person shall have
the right to testify and be heard.
(3)
At the final review, the applicant shall again present proof of notice as required by § 94-91. In the event that the applicant fails to comply with the notice provisions of § 94-91, final action shall not be taken until the next regularly scheduled meeting of the Planning Board at which proper proof of notice is presented.
(4)
In the event that all plans and drawings and other information incorporating all modifications, revisions or alterations of the proposed site plan agreed to by the applicant at preliminary review have not been filed as required by § 94-100A(4), the Planning Board shall take no final action until same have been properly filed in accordance with § 94-100A(4).
(5)
The Planning Board shall either approve, approve with conditions
or disapprove the site plan.
(6)
In the event of approval with conditions, no building permit shall
be issued until the applicant submits building plans incorporating
the conditions imposed.
(7)
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.
In addition to the requirements of this chapter and of the Merchantville
Master Plan, as amended, the following standards shall be used by
the Planning Board as guidelines in reviewing site plan applications:
A.
The existing landscape shall be preserved in its natural state insofar
as possible and tree and soil removal kept to a minimum. Grade changes
shall be made in keeping with the general appearance of neighboring
developed areas. New landscaping and grass and ground cover areas
shall be developed as screening and environmental protection for the
site.
B.
Proposed structures shall be related harmoniously to the terrain
and to existing buildings and structures in the vicinity that have
a visual relationship to the proposed development. Provision shall
be made for screening of all parking, service and loading areas, playgrounds,
equipment and storage areas from adjacent properties.
C.
Adequate provision shall be made for vehicular and pedestrian circulation,
including walkways, interior drives and parking. Special attention
shall be given to location and number of access points to the public
streets, width of interior drives, general interior circulation, separation
of pedestrian and vehicular traffic and arrangement of parking areas
that are safe and convenient and do not detract from the design of
proposed structures and the neighboring properties.
D.
Provision shall be made for the proper location and adequate intensity and direction of outdoor lighting, so that lighting shall be reflected away from adjoining premises and public rights-of-way. The size, location, design, color, texture, lighting and materials of all signs shall not detract from the design of the proposed buildings and structures and the surrounding properties and streets or create confusion with other signs or for drivers of vehicles or pedestrians, and shall conform to the provisions of Article X.
E.
There shall be a careful review by the Borough Engineer, at the applicant's
expense, of the anticipated average and maximum rates of sewage flow
from any proposed structure, and a determination shall be made, to
the satisfaction of the Planning Board, that existing sewerage and
sewage treatment capacity are sufficiently adequate to convey and
treat such anticipated sewage flow.
F.
The Planning Board, after consultation with the Borough Engineer,
shall determine that there is adequate provision for drainage from
the proposed site, such drainage to be so arranged that no deleterious
effect can reasonably be expected in this regard upon adjacent properties
or upon the general health and welfare of the community.
G.
The Planning Board shall be assured that the proposed development
will not interfere with the ecological balance of the community or
the surrounding properties.
H.
Adequate provision shall be made for the collection, disposition
and recycling of recyclable materials consistent with the goals of
the State Recycling Plan.
A.
Performance assurances. In approving a site plan, the Planning Board
may require that the applicant first furnish to the borough a surety
performance bond, guaranty or other form of security, acceptable in
form and content to the Borough Solicitor, for the purpose of assuring
the completion and maintenance of such off-site and on-site improvements
included in the site plan as will affect the public health, safety
or general welfare, such as but not limited to drainage, streets,
curbs, gutters, curb cuts, fire hydrants, recreational areas, shade
trees, shrubbery, other landscaping, trash disposal, off-street parking,
loading and unloading zones, artificial lighting and sidewalks. Such
surety performance bond, guaranty or other form of security shall
be required for no more than two (2) years after issuance of the certificate
of occupancy.
B.
Failure to act deemed approval. The failure of the Planning Board
to act within the time periods prescribed by N.J.S.A. 40:55D-1 et
seq. shall constitute final approval; provided, however, that the
time periods prescribed herein may be extended by mutual agreement
between the Planning Board and the applicant.
C.
Effect of County Planning Board approval.
(1)
In the event that Camden County Planning Board approval of the site
plan is required, a building permit shall not be issued following
Merchantville Planning Board approval until the Merchantville Planning
Board is notified by the Camden County Planning Board.
