[1]
Editor's Note: Checklists can be found at the end of
the chapter.
[Ord. No. 858 § 2]
The checklist appended hereto as Exhibit A be, and the same
is hereby, adopted as the Official Checklist for Completeness for
use in conjunction with applications for development seeking preliminary
and final site plan approval.
[1]
History Note: Site Plan Review was Chapter 19.1 of the 1976
Code, codified from Ordinance No. 668, which was repealed by Ordinance
No. 858.
[Ord. No. 858 § 3]
The checklist appended hereto as Exhibit B be, and the same
is hereby, adopted as the Official Checklist for Completeness for
use in conjunction with applications for development seeking minor
subdivision approval.
[Ord. No. 858 § 4]
The checklist appended hereto as Exhibit C be, and the same
is hereby, adopted as the Official Checklist for Completeness for
use in conjunction with applications seeking preliminary major subdivision
approval.
[Ord. No. 858 § 5]
The checklist appended hereto as Exhibit D be, and the same
is hereby, adopted as the Official Checklist for Completeness for
use in conjunction with applications for development seeking final
major subdivision approval.
[Ord. No. 858 § 6]
In cases where the applicant seeks final major subdivision approval
without first obtaining, or having obtained preliminary major subdivision
approval, the applicant shall comply with the completeness requirements
applicable to both preliminary and final major subdivision approvals.
[Ord. No. 858 § 7; Ord. No. 932 § 1]
Prior to excavation for, construction or issuance of any permit
by the Construction Official or Zoning Officer of the City for any
construction, reconstruction, conversion, structural alteration, relocation
or enlargement of any building or other structure, or of any mining
excavation or landfill, or any use or change in the use of any building
or other structure or land or extension of use of land, site plan
approval for the proposed development must be obtained from the Planning
Board of the City.
[Ord. No. 932 § 2; Ord. No. 1111 § 1; Ord. No. 1472 (2009) § II; Ord. No. 1492 (2010) § XII; Ord. No. 1570 (2014); Ord. No.
1573 (2014)]
a.
The following developmental activities may be granted a waiver from
site plan approval, consistent with the Zoning Officer's authority
herein:
1.
Single-family and two-family (duplex) principal and accessory residential
uses where such uses are permitted uses and no prior existing site
plan is in effect.
2.
Construction of a parking area for less than three vehicles.
3.
A proposed use or change in use permitted as of right under applicable
zoning districts, except when the proposed use involves a change from
non-food to food service, or the proposed use involves any establishment
open for the sale of alcoholic beverages.
4.
A proposed use involving no change in the permitted uses that is
within the same zone.
5.
Any undertaking which involves any normal maintenance or replacement,
such as a new roof, painting, new siding, or similar activity.
b.
All applicants who meet one of the exemptions noted above must receive a waiver from site plan approval from the Zoning Officer. All applicants shall submit a written application for exemption to the Zoning Officer of the City of Sea Isle City for his or her review. The Zoning Officer, upon receipt of said written application, may either accept or deny the application. Any waiver granted herein is limited to the exemptions listed in subsection 30-2.2.
c.
Standard of Review by Zoning Official:
1.
Any change in intensity, increase in floor area ratios, existing
circulation, drainage, building arrangements, landscaping, buffering,
lighting, trash and recyclables, fire safety, noise, creation of additional
parking, will necessitate a site plan review. Consideration shall
be given to the impact of the activity on the surrounding neighborhood
in the granting or denial of a waiver application.
d.
Nothing contained herein shall be intended or is intended to permit
any use to be created which is nonconforming or to permit any nonconforming
structures or conditions to be expanded without first obtaining all
other necessary governmental approvals, including, but not limited
to variance relief.
[Ord. No. 858 § 2]
a.
Applications for site plan review shall be filed with the Planning
Board pursuant to the instructions hereinafter set forth. Applications
shall be made upon the forms supplied by the Planning Board, which
can be obtained from the Secretary of the Planning Board. All information
required by the official checklist, a copy of which will be given
to applicant, shall be supplied.
b.
The applicant shall file with the Board an original and 18 copies
of the application together with a like number of all supporting documents
submitted with the application. Forms dealing with service and proof
of service shall be filed in triplicate.
c.
When the application and all checklist items have been completed
and filed with the Secretary of the Planning Board together with the
appropriate fee and a certification from the Tax Collector that taxes
have been paid, and the application has been certified as complete,
the applicant will be notified of the date of his hearing. At that
time, the applicant will be supplied with the necessary forms and
affidavits for the required notice of the property owners and others
required to receive notice, pursuant to State Statute.
d.
With respect to applications for preliminary major subdivision approval
and variances over which the Planning Board exercises jurisdiction,
the applicant shall give notice, at least 10 days prior to the date
of the hearing, as follows:
1.
Public notice shall be made by the publication, in the official newspaper
of the City, of a legal advertisement, and proof of such application
in the form of an affidavit to be obtained from the Secretary of the
Planning Board shall be submitted to the Board as hereinafter set
forth.
2.
Notice shall be given to the owners of all real property, as shown
in the current tax duplicate or duplicates, located in the State and
within 200 feet in all directions of the property which is the subject
of the hearing and whether located within or without the municipality
in which applicant's land is located. This requirement is deemed
to have been satisfied when condominiums or horizontal property regimes
are within 200 feet of applicant's property by making service
in the following manner:
(a)
If the applicant's property abuts a condominium and the
owner of any unit is within 200 feet of the applicant's property
and the unit has a unit above or below it, by giving notice to the
Condominium Association.
(b)
If the applicant's property abuts a horizontal property
regime and an apartment of the co-owner is within 200 feet of the
applicant's property and the apartment has an apartment above
or below it, by giving notice to the horizontal property regime.
(c)
If the applicant is the owner of a condominium unit or co-owner
of an apartment, notice will be given to all other unit owners or
apartment co-owners within 200 feet of the unit or apartment owned
or co-owned by the applicant.
(d)
Names and addresses of such property owners located within the
City may be procured by making written request to the City Clerk and
payment of a fee not to exceed $0.25 per name or $10, whichever is
greater. If there are other property owners who have land within 200
feet, but not within the City, their names and addresses must be procured
from the administrative officer of the municipality within which their
property is located. Such notice shall be given by:
(1)
Serving a copy thereof on the owner, as shown on current tax
duplicate, or his/her agent in charge of the property, or
(2)
Mailing a copy thereof by certified mail to the property owner
at his/her address as shown on the current tax duplicate. A return
receipt is not required. Notice to a partnership owner may be made
by service upon any partner. Notice to a corporate owner may be made
by service upon its President, Vice President, Secretary or other
person authorized, by appointment or by law, to accept service on
behalf of the corporation.
(e)
Where a condominium association, horizontal property regime,
community trust or homeowner's association own grass, landscaped
areas, driveways, parking lots, recreational facilities etc., which
are common elements or areas, that are within 200 feet of the property
which is the subject of a hearing, notice may be made in the same
manner as to a corporation, without further notice to the unit owners,
co-owners, or homeowners on account of such common elements or areas.
3.
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the Clerk of the
municipality, which notice shall be in addition to the notice required
to be given to the owners of land in the adjoining municipality which
are located within 200 feet of the subject premises.
4.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other County land, or situate within 200 feet of a municipal boundary.
5.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State Highway.
6.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. The notice
shall include a copy of any maps or documents required to be on file
with the City Clerk pursuant to N.J.S.A. 40:55D-10(b).
7.
The applicant shall file an affidavit of proof of service with the
Planning Board, as hereinafter set forth.
8.
Any notice made by certified mail as hereinabove required shall be
deemed complete upon mailing in accordance with the provisions of
N.J.S.A. 40:55D-14. If notice has not been given as stated above,
the application cannot be heard.
e.
The applicant shall file a list of property owners served and indicate
the Lot and Block number of each owner served, designating the method
of service on the form provided. The form shall be filled in completely
and the affidavit of service shall be signed, notarized and filed
with the Secretary of the Planning Board at least 10 days prior to
the date of the scheduled hearing. To the affidavit of service shall
be appended a completed form of notice, filled in as it was sent to
the persons entitled to notice of the hearing. A copy of the certified
list of persons to whom notice should be sent, as compiled by the
appropriate administrative officer of the municipality in which the
property is located, may also be attached to the affidavit of service.
Where service has been made by certified or registered mail, the post
office receipts must be postmarked at the time they are mailed and
must be attached to the affidavit of service.
f.
If the applicant does not own the property described in the application,
the affidavit of ownership must be completed on the form provided
and filed either with the application or with the proof of service.
g.
The applicant shall file with the application 18 copies of the site
plan plat; at a scale of not less than one inch equals 50 feet, that
shall show all properties within 200 feet of the subject properties,
together with the structures on all such properties within 200 feet
and shall also include all information required in the applicable
checklist provided with the application form. The site plan shall
be prepared only by those so authorized pursuant to the administrative
rules and regulations of the State Board of Professional Engineers
and Land Surveyors.
h.
The applicant shall file, with the application, proof that no taxes
or assessments for local improvements are due or delinquent on the
property for which the application is made. Such proof shall be in
the form of a certification from the Tax Collector.
i.
No application shall be scheduled to be heard within 20 days of the
date on which an application is certified as complete.
j.
All corporate applicants must be represented by an attorney admitted
to practice law in the State of New Jersey and, where applicable,
all corporations and partnerships must provide the following information:
1.
A corporation or partnership applying to the Planning Board for a
variance to construct a multiple dwelling of 25 or more family units,
or in connection with an application for a variance pursuant to N.J.S.A.
40:55D-70(d), or seeking permission to subdivide a parcel of land
into six or more lots, or for approval of a site plan to be used for
commercial purposes, shall file a list of the names and addresses
of all stockholders or individual partners owning at least 10% of
its stock of any class or at least 10% of the interest in the partnership,
as the case may be. The list shall be filed with the Board along with
the original application.
2.
If a corporation or partnership owns 10% or greater interest in the
partnership which is subject to the disclosure requirements of subparagraph
1 above, that corporation or partnership shall file a list of names
and addresses of its stockholders holding 10% or more of its stock
or of 10% or greater interest in the partnership as the case may be,
and this requirement shall be followed by every corporate stockholder
or partner in the partnership until the names and addresses of the
non-corporate stockholders and individual partners, exceeding the
10% ownership criteria established by this requirement, have been
listed.
3.
Should a corporate or partnership applicant fail to comply with subparagraphs
1 and 2 above, the Planning Board shall not approve the application.
Other applicants may proceed either with or without an attorney.
k.
The case of the applicant will be ready for hearing when the applicant
has completed all of the following steps pursuant to these instructions:
1.
Original and 18 copies of the application form.
2.
Certification of Tax Collector that taxes have been paid.
3.
18 copies of the required plot plan.
4.
Affidavit of ownership where applicable.
5.
Affidavit of service, form of notice, list of property owners served,
together with Post Office receipts where service is made by certified
or registered mail, and proof of publication of the legal advertisement
placed in the official newspaper of the municipality.
6.
Septic systems permit, if applied for and received.
7.
Supply a list of all additional required permits from any municipal,
County, State or Federal agency.
l.
No application requiring public notice shall be tabled without the
applicant first notifying all parties previously notified at least
72 hours prior to the then scheduled hearing. If such notice is not
given, the Board may dismiss the application, take testimony from
parties not receiving notice of the tabling, or such other action
as it deems appropriate at its sole discretion. No application will
be tabled after 90 days have elapsed from the date of the application.
[Ord. No. 858 § 2; Ord. No. 1510 (2011) § 37]
The site plan submitted by applicant shall include and comply
with the following requirements:
a.
Give title and location of development and the name and address of
record and/or development applicant, and site planner preparing the
site development plan.
b.
Indicate proposed use or uses of the land and buildings.
c.
Site plans should be presented at a scale no smaller than one inch
equals 50 feet nor larger than one inch equals 20 feet; size of sheets
should not exceed 36 inches by 24 inches.
d.
Scale and graphic scale.
e.
North arrow in same direction on all sheets.
f.
Submit survey of the property prepared by a licensed surveyor of
New Jersey showing boundaries of properties, line of all existing
streets and roads, easements, rights-of-way and areas dedicated to
public use within 200 feet of the development. Also indicated on this
sheet will be the north arrow, scale feet and graphic scale, name
and address and professional license number and seal of the surveyor
who prepared the survey.
g.
Give names of all owners of record of all adjacent properties with
Lot and Block number, parcel number, tax map number, within 200 feet
of the property.
h.
Show existing and proposed buildings with dimensions showing, with
first elevation, present and finished grade elevations at all corners
and entrances. Present buildings and structures to be removed are
to be indicated.
i.
Submit topographic map to delineate existing contours at one foot
intervals up to 10 feet beyond property lines as well as proposed
grading and contours, wooded areas, trees where six inches or greater
in diameter], flood plains, ponds, streams and drainage ditches, etc.
j.
Indicate the location of all existing and proposed structures, i.e.,
walls, fences, culverts, bridges, roadways, etc., with grade elevations
for each structure.
k.
Indicate existing zones of the development site and of zones within
200 feet of the property.
l.
Show all existing schools and special district boundaries within
200 feet of the property. This should be shown on a separate map on
the site plan map itself.
m.
Indicate the distance of the property line (measured along the center
line of existing streets abutting property) to the nearest intersection
which should be shown.
n.
Show the boundaries of the property, building and setback lines and
lines of existing streets dedicated to public use.
o.
Indicate locations of all utility structures and lines, existing
and proposed stormwater drainage on site and off site and from buildings
and structures as well as telephone, power and light, water hydrant
locations, sewer, gas, etc., whether privately or publicly owned,
with manholes, inlets, pipe sizes, grades inverts and directions of
flow.
p.
Show location, size and nature of the entire lot or lots in question,
of contiguous lots owned by the applicant or owner of record, or in
which the applicant has a direct interest even though a portion of
the entire property is involved in site plan development. Provide
on a key map, if necessary.
q.
Show all proposed easements and public and community areas.
r.
Indicate all means of vehicular ingress and egress to and from the
site onto public streets, showing the size and location of driveways,
curb cuts and curbing and site lines.
s.
Show location and design of off-street parking areas, showing their
size and the location of internal circulation, traffic patterns, parking
space, aisles, driveways, curbing, barriers and wearing surface finishes
and construction.
t.
Show location, arrangement and dimensions of truck loading and unloading
platforms and docks.
u.
Indicate provisions for refuse and garbage disposal. Insure that
such areas are not exposed to view, are unpolluting, covered from
weather and are secure from vandalism. Incineration or burning units
will be of such design and construction as to be approvable by the
State Department of Health and Environmental Protection. Compactor
units will ensure completely sealed operation. Open dump areas for
garbage or refuse should be prohibited but where they are deemed necessary
they must be enclosed and constructed with views to sight, fire protection,
sanitation and security.
v.
Show provisions for screening or storage of equipment attached or
separate from buildings.
w.
Indicate all existing or proposed exterior lighting (freestanding
and/or on building) for size, nature of construction, lumens, heights,
area and direction of illumination, foot-candles produced as well
as time controls proposed for outdoor lighting and display.
x.
Note all existing and proposed signs and their sizes, nature of construction
and locations, height and orientation including all identification
signs, traffic and directional signs and arrows, freestanding and
facade signs and time control for sign lighting.
y.
Indicate locations, dimensions and construction of off-site sidewalks,
on-site exits, walks and sidewalks. Provision should be made for pedestrian
safety, access ways and, where necessary, a bicycle system and racking.
z.
Show proposed screening of green areas and landscaping and fencing
including a planting plan and schedule and trees off site and along
road etc. Provision should be made for maintenance.
aa.
Show improvements to adjoining streets and roads and traffic control
devices necessary in streets or highways. Acceleration and deceleration
lanes, paving, land dedication or acquisition for roads should be
considered.
bb.
Copies of any covenants and deed restrictions intended to cover any
of the development site should be submitted.
cc.
A detailed written description, sketch, rendering or picture of any
new buildings or structures should be presented.
dd.
Preliminary architectural floor plans and elevations should be submitted
with the name, address, professional number and seal of the architect.
ee.
Supply appropriate places for signature and date of approval of the
Chairman and Secretary of the Planning Board and its engineer.
ff.
In fire prevention, consideration must be shown for service lines,
hydrants, Siamese connections, automatic sprinkler system, fire zones,
"no parking fire zones" and pavement and wall signs.
gg.
Flood zone and based flood elevation.
hh.
Final lot grading plan.
ii.
Show house numbers for each building lot on the final site plan plot
only.
jj.
Certificate from Tax Collector that all taxes have been paid to date.
kk.
Show proposed art (murals, sculptures, etc.) that would be visible
from a public street.
ll.
Show all requirements under the Americans with Disabilities Act of
1990 for parking and pedestrian and vehicular movement.
[Ord. No. 858 § 2]
The Planning Board shall take action on the site plan at a public
meeting of the Planning Board as follows:
a.
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 the application is certified as complete
or within such further time as may be consented to by the applicant.
b.
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 the application is certified as
complete or within such further time as may be consented to by the
applicant.
c.
Failure of the Planning Board to act within the period prescribed
shall constitute preliminary site plan approval.
[Ord. No. 858 § 2]
Whenever the Planning Board shall grant approval subject to
conditions, a notation shall be made on the plat indicating that "The
approval of the site plan is subject to conditions as set forth in
the minutes of the Planning Board."
[Ord. No. 858 § 2]
In all cases the recommendation of the Cape May County Planning
Board shall be given careful consideration in the final decision of
the Planning Board. If the County Planning Board has approval authority,
its action shall be noted on the plat and, if disapproved, two copies
of the reasons for disapproval shall be returned with the plat. If
either the City Planning Board or County Planning Board disapproves
a plat, the reasons for disapproval shall be remedied prior to further
consideration. If approval is required by any other officer or public
body, the same procedure as applies to submission to and approval
by the County Planning Board shall apply.
[Ord. No. 858 § 2]
Preliminary approval of a site plan shall have the same effect
upon the applicant as set forth in the New Jersey Municipal Land Use
Law. The applicant shall submit funds for engineering and planning
review if necessary.
[Ord. No. 858 § 2]
The approval of the site plan shall be granted by the Planning
Board upon its determination that the site plan complies with all
ordinances cited hereinabove, including the Zoning Ordinances of the
City and all other official maps such as the Zoning Map, the plan
proposed right-of-way widths or others as may be in existence at the
time of the application and with the following standards and regulations:
a.
The applicant shall submit a site plan containing all of the information
provided for in this chapter.
b.
The details of the site plan shall be in accordance with the construction
standards of the City.
c.
All parking and traffic problems shall be kept at a minimum.
d.
Soil and subsoil conditions shall be suitable for excavation and
site preparation.
e.
The topography of the site and its drainage shall be suitable for
the proposed development and designed to prevent flooding and erosion.
f.
Natural features, such as lakes, streams, sand dunes, topsoil, trees
and shrubs, shall be preserved and incorporated into the final landscaping.
g.
Skillful treatment of vegetation in the development of sites shall
be required.
h.
Trees and shrubs shall be suitable for the coastal environment and
shall be designated as approved by the Environmental Commission if
appropriate.
i.
Seeding, sodding or other planting shall be applied to stabilize
topsoil and enhance the appearance of open areas when not wooded or
naturally covered.
j.
Adequate provisions shall be made to prevent any drainage problems
and, where adequate surface drainage is not possible or advisable,
a supplementary drainage system conforming to City standards and approved
by the City Engineer will be required.
k.
A landscaped buffer strip shall be established along lot lines which
abut a residential district as designated on the Zoning Map.
l.
All parking areas and access drives shall be constructed of a six
inch gravel base course, Soil Aggregate 1-5 and a two inch surface
course of FABC-1, Mix I-5 and drained in accordance with City specifications.
m.
A maximum of two drives shall be permitted to provide access to parking
areas for each 150 feet of street frontage for all uses other than
single family and two-family residential, except that no such driveway
shall be located closer than 100 feet to the intersection of any street
intersection.
n.
Such drive openings shall be at least 24 feet but not more than 34
feet in width as per paragraph m hereinabove.
o.
There shall be acceleration and deceleration lanes on arterial roads
as may be required by the Planning Board.
p.
Parking lots shall be suitably landscaped both within the lot and
around the perimeter to enhance the appearance of the total site.
Trees shall be provided within the parking lots as well as landscape
areas and dividers in order to accomplish this objective. At least
one tree may be required within the parking lot for each 20 parking
spaces approved by the Planning Board after concurrence with the Environmental
Commission as to locations and species.
q.
Topsoil shall not be removed from the site during construction but
shall be stored and redistributed to areas most exposed to view by
occupants and the public and such areas shall be seeded or planted.
r.
Other standards and conditions pertaining to curbing, driveways,
parking areas, pedestrian walks, landscaping and planting not otherwise
specified herein may be attached as conditions by the Planning Board.
s.
Reasonable screening at all seasons of the year of all playgrounds
and parking and service areas from the view of adjacent properties
and streets, including any company office or individual office, shall
be provided where necessary for the purpose of protecting the health,
safety, general welfare, comfort and convenience of the public.
t.
The location, intensity, power, direction and time of any outdoor
lighting shall not have an adverse effect upon any properties in adjoining
residential districts by impairing the established character of potential
use of properties in such districts.
u.
The proposed construction submitted for site plan approval must be
completed in all respects as provided for hereinabove within two years
from the date of final approval of the site plan by the Planning Board
or such time as may be extended by the Planning Board pursuant to
the provisions of the New Jersey Municipal Land Use Law. Failure of
the applicant to complete construction within such period will nullify
and void the site approval heretofore granted for the premises as
if no site approval had ever been granted for the plans, and the applicant
will be in violation of this chapter if any construction or excavation
is undertaken or continued after the expiration of the two-year period
from the date of approval.
v.
Fire hydrant size, type and locations shall be reviewed by the Fire
Department and/or the Department of Public Works and Safety.
w.
Parking in any congested areas shall be subject to review and regulation
by the Fire Department and/or Department of Safety.
x.
All plans shall be submitted for review to the Fire Department, Departments
of Public Works and Safety for a recommendation in writing to the
Planning Board for consideration and incorporation in the final approval.
y.
All areas not covered by driveways, pedestrian walkways or parking
areas shall be landscaped. The following minimum standards shall apply:
1.
Trees. One per dwelling unit and/or two per 1,000 square feet of
gross floor area for business, commercial and industrial uses, with
a minimum of two trees for residential uses and four trees for all
other uses.
2.
Buffers. Business, commercial and industrial uses: perimeter buffer
of five feet. Five foot buffers shall consist of evergreen trees of
four feet minimum height at planting placed six feet apart with smaller
evergreens or deciduous plant material between. Within 10 feet of
property corners, evergreens of not more than three feet in height
shall be used.
3.
Fences or walls shall be permitted provided:
(a)
All perimeter fences and walls shall be placed within four feet
of the property lines and shall be consistent in size, texture and
design and shall be constructed by the developer.
(b)
No fence or wall shall be more than five feet from grade, excepting
fences immediately around swimming pools which must be six feet. Fences
within 20 feet of the street line shall not be more than four feet
from grade.
All landscaping and fencing will be replaced as required as
a part of the common open space maintenance program.
[Ord. No. 858 § 2]
a.
The Planning Board shall grant final approval if the detailed drawings,
specifications and estimates for the application for final approval
conform to the standards established by this chapter and the conditions
of preliminary approval.
b.
Final approval shall be granted or denied within 45 days of the date
the application is deemed as complete or within such further time
as may be consented to 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.
1.
Whenever review or approval of the application by the County Planning
Board is required, 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 by its failure to report thereon within
the required time period.
2.
Whenever the Planning Board shall grant approval subject to conditions,
a notation shall be made on the plat indicating "The approval of the
site plan is subject to conditions as set forth in the minutes of
the Planning Board."
[Ord. No. 858 § 2]
Final site plan approval shall be in accordance with the criteria
set forth in this chapter with respect to preliminary site plans and
shall set forth those conditions and requirements imposed by the Planning
Board at the time of preliminary approval. The applicant shall submit
a final site plan review fee.
[Ord. No. 858 § 2]
The posting of performance bonds which shall be third party
surety bonds, the form of which shall be approved by the City Attorney,
in the amount of the estimated cost of improvements pursuant to the
terms of this chapter shall be required by the Planning Board.
[Ord. No. 858 § 2; Ord. No. 1431 § 134; Ord. No. 1571 (2014) § 3]
At the time of submission of the preliminary and final site plan, the applicant shall pay a fee and shall deposit the review funds as established in Section 28-1, Application and Escrow Fees. Prior to the issuance of a development permit the applicant shall deposit in escrow the professional inspection funds as established in Section 28-2, Review and Inspection Fees.
[Ord. No. 932 § 3; Ord. No. 1178 § I]
Minor site plan review may be applied for if the application
review subcommittee of the Planning Board determines that the proposed
development will not adversely affect or substantially alter existing
circulation, drainage, building arrangements, landscaping, buffering,
lighting, driveways, sidewalks, curbs, loading areas, parking and
pedestrian access, and similar conditions; and where the Board also
determines that the size of any proposed expansion does not exceed
25% of the square footage of the existing structures on site. In order
to qualify for minor site plan review, all of these criteria must
be deemed to have been met in the sole and exclusive judgment of the
application review subcommittee. Where the subcommittee has determined
that minor site plan review is appropriate, the applicant shall submit,
in lieu of the details required for major site plan review, the following:
a.
1.
Three current copies of a survey of the site, dated within five years
of the submission of the application, and 11 copies of a drawing showing
the location of all existing buildings and entrances including height
and dimension of buildings. The drawings prepared by an applicant
or a representative shall include a notarized affidavit by the applicant
certifying that the drawing reflects existing conditions. The current
use of the site, present zoning, and present bulk requirements must
all be indicated on the drawing.
2.
At least four photographs, showing the front, rear and sides of the
site.
b.
The drawing must show all existing driveways, sidewalks, curbs, loading
areas, parking, and pedestrian access, including dimensions; and the
number of parking spaces required for the current use must be so noted.
c.
The drawings must show all existing fences, signs, lights, landscape
buffering, and trash disposal facilities, including dimensions.
d.
Proposed changes and additions must be shown on the drawing and the
proposed use must be noted on the drawing.
e.
Other than the substitution of these submission requirements for
the submission requirements otherwise required for major site plan
review, all other procedural requirements of the major site plan review
process shall apply to the minor site plan review process.
[Ord. No. 1075 § 1]
The Construction Official shall enforce this chapter. In case
any building or structure is re-erected, constructed, altered, repaired,
converted or maintained or any building, structure or land is used
in violation of this chapter, the Construction Official or an interested
party, in addition to other remedies, may institute an appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
so as to restrain, correct or abate the violation, to prevent the
occupancy of the building, structure or land, or to prevent any illegal
act, conduct, business of use in or about the premises.
