[1975 Code § 13-24.1]
Prior to the issuance of a building permit, or certificate of
occupancy, as the case may be, for any new building, addition to or
alteration of an existing building except for single and two family
residences, or any change in use, or a use variance obtained for any
nonresidential use, a site plan shall be submitted to the Land Use
Board for its review and approval. Any site plan approval issued by
the Land Use Board shall be valid for the same period of time as the
time during which the building permit or certificate of occupancy
which may be thereafter issued shall be valid. No changes shall be
made in any site plan approved by the Land Use Board without approval
of the change by the Board.
Any site plan relating to a proposed use which would also require
action of the Land Use Board or Borough Council shall first be submitted
to the Land Use Board for its review and approval, as set forth in
this section. If the Land Use Board finds that the site plan meets
all requirements except for any necessary variance or variances, it
may approve the site plan subject to the approval of the Borough Council.
The Land Use Board may, with its approval, express its nonbinding
opinion as to whether the variance or variances would be compatible
with the zone plan and zoning chapter, or be detrimental to the health,
welfare or safety of the Borough. No site plan approval shall be construed
to obviate or waive any requirement contained in this chapter.
The Land Use Board shall act on any site plan submitted to it
for its review within 90 days after filing with the secretary of the
Land Use Board. Failure of the Land Use Board to act thereon within
the time, or within such further extended time as may be consented
to by the applicant, shall be deemed a denial of the site plan submitted.
In acting upon any site plan submitted to it, the Land Use Board
shall ascertain that all of the terms, conditions, standards, and
requirements of this section are met. The Board shall consider how
the site plan will affect congestion in the streets, safety from fire,
panic and other dangers, health, morals or the general welfare, adequate
light and air, the overcrowding of land or buildings, undue concentration
of population, conservation of the value of property, and whether
the proposed use will be conducive to the orderly development of the
site in question as well as the general area in which it is located.
[1975 Code § 13-24.2]
The site plan shall be drawn at a scale of at least one inch
equals 30 feet provided, however, where this scale would result in
an unduly large map, Land Use Board may permit a larger scale. The
site plan shall include the following information:
a.
Name and title of applicant, owner and person preparing the map;
b.
Place for signature of Chairman and Secretary of Land Use Board.
c.
Place for signature of Borough Engineer;
d.
Date, scale and north sign;
e.
Tax Map lot and block number;
f.
Zone in which property in question falls, and zone dividing lines
through, abutting or near the property;
g.
The entire property in question even though only a portion of the
property is involved in the site plan, provided, however, where it
is physically impossible to show the entire property on one sheet,
a key map is permitted;
h.
All abutting streets and property lines and location and setbacks
of buildings on abutting lots, including fences, parking areas and
access drives;
i.
Front, side and rear setback dimensions;
j.
All lot line dimensions;
k.
Rights-of-way, easements and all other interests in lands, any of
which are required by this section to be deeded to the Borough;
l.
The principal buildings and all accessory buildings, with dimensions,
including the height, number of stories and first floor elevation;
m.
Type of paving, curbs, sidewalks, parking space layouts and loading
areas, with dimensions;
n.
Location and construction details of catch basins and all storm drainage
facilities;
o.
Location, size and type of all proposed landscaping including shade
trees both on the lot and along the public right-of-way. In addition,
design details of fences, walls, guard rails and similar facilities
shall be furnished. Plans for landscaping and landscape structures
must accompany the application but may be on a separate plan to be
approved by the Land Use Board;
p.
Location and type of all proposed lighting;
q.
Location, size and general description of all proposed signs including
both business signs and those related to off-street parking or loading
areas; and
r.
Any other requirements of this section.
[1975 Code § 13-24.3]
Ten copies of each application and all supporting documents
for site plan review shall be filed with the Secretary and Land Use
Board at least 30 calendar days prior to a scheduled public meeting
of the Land Use Board. At the time of filing application for site
plan approval, the applicant shall pay to the Borough $15 for the
first 7,500 square feet of lot area of the subject property in addition
to $10 for each 7,500 square feet of lot area or fraction thereof
over the initial 7,500 square foot fee. The applicant shall also pay
$20 for the first 1,000 square feet of floor area of any new buildings
to be erected upon the premises in question in addition to $15 for
each 1,000 square feet of floor area or fraction thereof over the
initial 1,000 square foot fee. After the site plan has been approved,
but before a building permit is issued, the applicant shall pay to
the Borough an engineering inspection fee of 4% of the estimated cost
of installing all required site improvements estimated by the applicant
and approved by the Borough Engineer.
[1975 Code § 13-24.4]
Prior to the issuance of a certificate of occupancy, all improvements as shown on the approved site plan shall have been completed. When by reason of adverse weather conditions completion of certain improvements would cause an undue delay, the Land Use Board shall require the posting of a performance guarantee sufficient in amount to cover the cost of all such uncompleted improvements as estimated by the Borough Engineer, assuring the installation of such uncompleted improvements within one year of the posting of the performance guarantee. The amount of the performance guarantee shall be fixed by the Land Use Board and shall not be in excess of 120% of the cost of uncompleted improvements as estimated by the Borough Engineer. The performance guarantee shall be in the form of a certified check drawn on a bank which is a member of the Federal Reserve System payable to the Borough of South Toms River or in such form as may be approved by the Borough Attorney as to form and execution. Failure to comply with any of the conditions of the site plan approval subsequent to the receipt of a building permit or certificate of occupancy as the case may be, shall be construed to be a violation of this section and shall be grounds for the revocation of any building permit, or certificate of occupancy, as the case may be. If the Construction Official finds that any conditions of site plan approval have not been met, he shall give the applicant 10 days' written notice to comply with the conditions. Failure to comply within this ten-day period shall result in the revocation of the building permit or certificate of occupancy, as the case may be. Such violation may also be prosecuted under subsection 26-46.4.
