[Ord. No. 98-21 § 304.10]
No development shall take place within the Borough nor shall any land be cleared or altered nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise, be constructed, installed or enlarged nor shall any building permit, zoning permit, Certificate of Occupancy or other required permit be issued with respect to any such structure, land or parking area except in accordance with an approval of such development granted pursuant to this Article unless exempted in accordance with Section 34-11.
[Ord. No. 98-21 § 304.11]
a.
Single-family residential structures and structures and uses incidental
thereto permitted as of right under applicable zoning regulations
are exempt from the requirements of this Article, unless the property
has characteristics which may result in environmental problems.
b.
The following additional developments are also exempt from the requirements
of this Article:
1.
The construction of a parking area for less than three vehicles.
2.
Any structure or use for which a site plan review application was
made to the Unified Planning Board prior to the effective date of
this chapter under municipal ordinances and regulations then in effect
and superseded by this chapter and that is developed in accordance
with an approval of such application heretofore or hereafter given
by the Unified Planning Board pursuant to such prior ordinances and
regulations.
[Ord. No. 98-21 § 304.12]
The rules, regulations and standards set forth in this Article
shall be considered the minimum requirements for the protection of
the public health safety and welfare of the citizens of the Borough.
Any action taken by the Unified Planning Board under the terms of
this Article shall give primary consideration to such matters and
to the welfare of the entire community. However, if the applicant
clearly demonstrates that, because of peculiar conditions pertaining
to his land, the literal enforcement of this chapter is impracticable
or will exact undue hardship, the Unified Planning Board may permit
such variances as may be reasonable, within the general purpose and
intent of the rules, regulations and standards established by this
Article.
[Ord. No. 98-21 § 304.13]
The Unified Planning Board may waive the requirements of this
chapter if the proposed development:
[Ord. No. 98-21 § 304.14]
a.
If the Master Plan or the Official Map provides for the reservation
of designated streets, public drainageways, flood-control basins,
parks or other public areas within the proposed development, before
approving a site plan the Unified Planning Board may further require
that such streets, ways, basins or areas be shown on the plan in locations
and sizes suitable to their intended uses. The Unified Planning Board
may reserve the location and extent of such streets, ways, basins
or areas shown on the plan for a period of one year after the approval
of the final plan or within such further time as may be agreed to
by the developer. Unless during such period or extension thereof the
Borough shall have entered into a contract to purchase or institute
condemnation proceedings according to law for the fee or a lesser
interest in the land comprising such streets, ways, basins or areas,
the developer shall not be bound by such reservations shown on the
plan and may proceed to use such land for private use in accordance
with applicable development regulations. The provisions of this section
shall not apply to the streets and roads, flood-control basins or
public drainageways necessitated by the land development and required
for final approval.
b.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation, provided that determination of such fair market
value shall include but not be limited to consideration of the real
property taxes apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining site plan approval
caused by the reservation.
[Ord. No. 98-21 § 304-15]
The site plan shall be prepared by a professional engineer,
land surveyor, architect, landscape architect or professional planner
at a scale not smaller than one inch equals 50 feet (1" = 50'). The
site plan shall be based on the latest Tax Map information and shall
be consistent with the size permitted under the New Jersey Map Filing
Act, (N.J.S.A. 46:23-9.9 et seq.). The site plan shall contain the
following information:
a.
The name and address of the applicant and the owner and the name,
address and title of the person preparing the plan, maps, including
appropriate map titles and accompanying data.
b.
The Tax Map lot and block numbers of the lot or lots, tax sheet number
and key location map of the site with reference to surrounding areas
and existing street locations.
c.
An appropriate place for the signatures of the Secretary of the Unified
Planning Board and where applicable, the County Engineer, County Planning
Board Secretary and County Planning Director.
d.
A date, scale, including a graphic scale, and North arrow on any
map.
e.
The zone district in which the lot or lots are located.
f.
Lot line dimensions.
g.
Location of all buildings and structures, streets, easements, driveways,
entrances and exits on the site and within 100 feet thereof.
h.
Proposed location and dimensions of proposed buildings and structures,
roads, driveways, parking areas, etc.
i.
Building setback, side line and rear yard distance.
j.
All existing physical features on the site and within 200 feet thereof,
including streams, watercourses, existing woodlands, trees over six
inches in diameter and significant sod and hydrological conditions,
such as swamp, rock and water flows.
k.
Topography showing existing and proposed contours at a maximum of
two foot contour intervals where slopes are less than 10% and at a
maximum of five foot contour intervals where slopes are greater than
10%.
l.
Parking, loading and unloading areas indicating dimensions, traffic
patterns, access aisles and curb radii.
m.
Improvements, such as roads, curbs, bumpers and sidewalks, indicated
with cross sections, design details and dimensions.
n.
Location and design of existing and proposed stormwater systems,
sanitary waste disposal systems, potable water supply and methods
of solid waste storage and disposal.
o.
Landscaping and buffering plan showing what will remain and what
will be planted, indicating botanical and common names of plants,
trees and dimensions, approximate time of planting and maintenance
plans.
p.
Lighting details indicating type of standards, location, radius of
light and intensity in footcandles.
q.
Location, dimensions and details of signs.
r.
Any and all other information and data necessary to meet any of the
requirements of this chapter not listed above.
s.
Signature and seal of the licensed professional responsible for the
preparation of the site and construction plans.
t.
For all site plan applications involving 25 or more multifamily residential dwelling units, or any commercial or industrial developments, provision for the collection, disposition and recycling of recyclable materials consistent with the requirements of Chapter 20 Solid Waste Management.
u.
An applicant proposing a site plan application for commercial and
industrial developments that utilizes 1,000 square feet or more of
land shall provide the Unified Planning Board with estimates of the
quantity of mandated recyclable materials, including but not limited
to newspaper, glass bottles, aluminum cans, tin and bimetal cans,
high grade paper and corrugated cardboard, that will be generated
by the development during each week. A separated storage area must
be provided to accommodate one to four weeks of accumulated recyclable
materials. The Unified Planning Board may require the location of
one or more common storage areas at convenient locations within the
development.
[Ord. No. 98-21 § 304-16]
The Unified Planning Board may require other information and
data for specific site plans. These data may include but are not limited
to geologic information, water yields, flood data, other environmental
information, traffic counts, road capacities, market information,
economic data and similar exhibits.
[Ord. No. 98-21 § 304-17]
The Unified Planning Board may waive submission of any required
exhibits in appropriate cases and for specific site plans.
[Ord. No. 98-21 § 304-18]
a.
Filing and Referral. The Clerk of the Unified Planning Board shall,
after an applicant for preliminary or final approval has submitted
an application in proper form with 12 copies and the required fees,
notify the applicant of the hearing date so that he can comply with
the notice requirements and refer the site plan and exhibits to the
Borough Unified Planning Board and County Planning Board. The Unified
Planning Board may also designate other local, County, State or other
governmental officials or agencies to receive copies of any application
for review and recommendation.
b.
Planning Board Action. The Unified Planning Board shall review the
application within 30 days after receipt. In the event an application
is found to be incomplete or in violation of any applicable codes
and ordinances, the applicant shall be notified within 30 days of
submission by the Unified Planning Board by certified mail as to the
items omitted or ordinances violated.
c.
Sketch Site Plan Review. Applicants for preliminary approval shall
be encouraged to submit for review by the Unified Planning Board sketch
site plans for informal discussions and recommendations. The sketch
site plans shall be used as a basis for changes and redesign and to
avoid undue expense and delay in preparing more detailed plans and
specifications. The Unified Planning Board shall not be governed by
any statutory time limits in its review of sketch site plans, and
it is expressly understood that compliance with the recommendations
shall not bind the Unified Planning Board in subsequent deliberations.
d.
Preliminary Approval. The Unified Planning Board shall grant or deny
preliminary approval within 45 days of the date of submission of completed
application for a site plan for 10 acres of land or less and within
95 days of the date of submission of a completed application for a
site plan of more than 10 acres. Otherwise, the Unified Planning Board
shall be deemed to have granted preliminary approval of the site plan.
Public notice of applications shall be required for all site plans
in excess of four acres and all site plans requiring a variance by
the Unified Planning Board.
e.
Effect of Preliminary Approval. Preliminary approval of a site plan
shall, except as provided in Subsection F of this section below, confer
upon the applicant the following rights for a three year period from
the date of the preliminary approval:
1.
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 on-site and off-tract improvements;
and any requirements peculiar to the specific site plan. The Borough
may modify by ordinance such general terms and conditions of a preliminary
approval as they may relate to public health and safety, provided
that such modifications are in accord with amendments adopted by ordinance
subsequent to approval.
2.
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.
f.
Extensions of Preliminary Approval.
1.
The applicant may apply for and the Unified Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one year, but not to exceed total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
2.
Site Plans for Areas of 50 Acres or More.
(a)
In the case of a site plan for an area of 50 acres or more,
the Unified Planning Board may grant the rights referred to 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.
(b)
The applicant may apply for thereafter and the Unified Planning
Board may thereafter grant an extension to preliminary approval for
such additional period of time as shall be determined by the Unified
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 or sections awaiting final approval, economic
conditions and the comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
may govern.
3.
Whenever the Unified Planning Board grants an extension of preliminary
approval pursuant to paragraphs f1 and f2 of this section and preliminary
approval has expired before the date on which the extension is granted,
the extension shall begin on what would otherwise be the expiration
date. The developer may apply for the extension either before or after
what would otherwise be the expiration date.
4.
The Unified Planning Board shall grant an extension of preliminary
approval for a period determined by the Board but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before what would otherwise be the expiration
date of preliminary approval or the ninety-first (91st) day after
the developer receives the last legally required approval from other
governmental entities, whichever occurs later. An extension granted
pursuant to this subsection shall not preclude the Unified Planning
Board from granting an extension pursuant to paragraphs f1 and f2
of this section.
g.
Variances; Unified Planning Board. The Unified Planning Board may,
when exercising its powers pursuant to this section, grant variances
as provided in N.J.S.A. 40:55D-60.
h.
Planning Board Action on Final Site Plan Approval. The Unified Planning
Board shall, within 45 days after submission of a complete application,
approve the application for final site plan approval with or without
conditions, provided that the following requirements are met:
1.
That the detailed drawings and specifications meet all applicable
codes and ordinances.
2.
That the final plans are substantially the same as the approved preliminary
site plans.
3.
That all improvements have been installed or bonds posted to ensure
the installation of improvements.
4.
That the applicant agrees in writing to all conditions of final approval.
5.
That proof has been submitted that all taxes and assessments for
local improvements on the property have been paid.
i.
Effect of Final Approval.
1.
Final approval of a site plan shall terminate the time period of
preliminary approval for the section granted final approval and shall
guarantee the applicant that the zoning requirements applicable to
the preliminary approval and all other rights conferred upon the applicant
as part of preliminary approval shall not be changed for a period
of two years from the date of final approval unless the applicant
has secured a building permit to commence construction. The Unified
Planning Board may extend final approval and the protection offered
under paragraph e1 above for one year. Up to three such extensions
may be granted. Applicants shall be required as a condition of any
extension to reestimate improvement costs and to resubmit revised
bonds in accordance therewith.
2.
Planned units of residential development, residential clusters of
50 acres or conventional site plans for one hundred (150) acres or
more.
(a)
In the case of a site plan for a planned unit residential development,
or residential cluster of 50 acres, or conventional site plan for
150 acres or more, the Unified Planning Board may extend the rights
granted under final approval for such period of time, longer than
two years, as shall be determined by the Unified Planning Board to
be reasonable taking into consideration the number of dwelling units
and nonresidential floor area permissible under final approval, economic
conditions and the comprehensiveness of the development.
(b)
The developer may apply for thereafter, and the Planning Board
may thereafter grant, an extension of final approval for such additional
period of time as shall be determined by the Unified Planning Board
to be reasonable taking into consideration the number of dwelling
units and nonresidential floor area permissible under final approval,
the number of dwelling units and nonresidential floor area remaining
to be developed, economic conditions and the comprehensiveness of
the development.
j.
Conditions of Final Approval. The Planning Board[1] may, as a condition of final approval:
1.
Grant final approval only for designated geographic sections of the
development.
2.
Grant final approval for certain work but require resubmission for
final approval for designated elements, such as but not limited to
landscaping, signs, street furniture, etc., and require approval of
these elements as a prerequisite for a Certificate of Occupancy or
zoning permit.
3.
Condition the granting of a Certificate of Occupancy or zoning permit
subject to the applicant or developer or subsequent heirs or assignees
meeting certain requirements within a designated period of time, not
to exceed one year, from the date of issuance of the Certificate of
Occupancy or zoning permit. This may include but is not limited to
the installation of landscaping, erection of signs, installation of
improvements, reevaluation of circulation patterns, etc.
[Ord. No. 98-21 § 304-19]
The Unified Planning Board shall review the site plan and proposed
development to determine that the plan and development will compare
favorably with Borough standards, other neighborhood improvements
and the properly intended and planned appearance throughout any neighborhood
or along any street. In making such determination, the Unified Planning
Board shall consider:
a.
The height, bulk and area of buildings.
b.
The setback distances from all property lines and spacing of buildings
on the site.
c.
The size, location and type of signs.
d.
The size, location, construction and proposed improvement of all
buffer strips, screening and areas to be landscaped.
e.
The size, location and arrangement of all off-street parking areas
and loading areas.
f.
The relation of the proposed development to the existing buildings
and structures in the general vicinity and area.
g.
The lighting of buildings, signs and grounds.
h.
All provisions of this chapter not mentioned specifically above and
the relationship of the proposed project to the health, safety and
general welfare of the public, and specifically the relationship of
the proposed development for overall conformance with the Borough
Master Plan and with applicable Borough ordinances.
[Ord. No. 98-21 § 304-20]
The Unified Planning Board may require as a condition of site
plan approval that the applicant post with the Borough suitable performance
guaranties covering the installation of required improvements.
[Ord. No. 98-21 § 304.21]
The Unified Planning Board may appoint a Site Plan Review Committee,
consisting of three of its members, to review any site plans submitted
to the Unified Planning Board. The Committee shall exercise all of
the powers granted to the Unified Planning Board relating to site
plan review for structures containing less than 10,000 square feet
in floor area and, when the decision of the members of the Committee
on any site plan referred to the Committee is unanimous, the action
of the Committee shall be deemed the final action of the Unified Planning
Board, unless the applicant requests that the action of the Committee
be reviewed by the Unified Planning Board. If the decision of the
members of the Committee is not unanimous, the site plan shall be
reviewed by the Unified Planning Board.
