The authority to require site plan approval is contained
in R.S. 40:55D-37 et seq.
[Ord. 292; Ord. 508; Ord. 597 ; Ord. 691]
This chapter shall be known and may be cited as the Site Plan
Ordinance of the Borough of Hopewell.
The purpose of this chapter is to establish rules, regulations,
standards and procedures for review of all development other than
single or two-family dwellings in order to:
a.
Preserve existing natural resources and give proper consideration
to the physical constraints of the land.
b.
Provide for safe and efficient vehicular and pedestrian circulation.
c.
Provide for appropriate screening, landscaping, signing and lighting.
d.
Ensure efficient, safe and aesthetic land development.
e.
Provide for compliance with appropriate design standards to ensure
adequate light and air, proper building arrangements and minimum adverse
effect on surrounding property.
f.
Develop proper safeguards to minimize any adverse impact on the environment.
g.
Ensure the provision of adequate water supply, drainage and stormwater
management, sanitary facilities and other utilities and services.
h.
Provide for appropriate recreation, open space and public use areas.
i.
Insure protection of potable water supply reservoirs from pollution
or other degradation of water quality resulting from the development
or other uses of surrounding land areas, which provision shall be
in accordance with siting, performance, or other standards or guidelines
adopted therefor by the Department of Environmental Protection and
Energy.
j.
Insure conformity with the public safety regulations concerning stormwater
detention facilities adopted pursuant to R.S. 40:55D-38 and reflected
in stormwater management plans and stormwater management ordinances
adopted pursuant to 40:55D-93 et seq.
a.
Planning Board. The provisions of this chapter shall be administered
by the planning board except as noted below.
b.
Board of Adjustment. The provisions of this chapter shall be administered
by the board of adjustment in applications before the board of adjustment
involving a use variance, as provided for in R.S. 40:55D-70d of the
Municipal Land Use Law.
Site plan approval shall not be required for detached single-
or two-family dwelling unit buildings, or for conversion of a single-family
dwelling to a two-family dwelling.
Shall mean any site plans for the development of land not
classified as a minor site plan.
Shall mean a development plan for one or more lots which proposes exterior alterations to an existing use, less than five additional parking spaces, less than 500 additional square feet of building gross floor area, and a total of not more than 10% of additional lot coverage; does not involve any new street or extension of any off-tract improvement; and contains all of the development information required, and in the format specified, under subsection 13-3.2.
[Ord. 292; Ord. 331; Ord. 508]
Unless exempted in section 13-1.4, a site plan shall be reviewed and approved by the approving authority, or waived as hereinafter provided, prior to the issuance of a building permit or certificate of occupancy for the following:
a.
Any new structure or use.
b.
Any addition to an existing structure or use.
c.
Construction or addition to a parking lot which is not accessory
to a one- or two-family dwelling, or the construction of any new ingress
or egress to a public right-of-way.
d.
Conversion of a one- or two-family dwelling to three or more dwelling
units.
e.
Any change in use of any nonresidential use unless the zoning officer
determines that the new use is permitted by borough ordinance or prior
planning or zoning board approvals and will not affect the existing
drainages, circulation, lighting, buffering, landscaping, parking
or other site considerations.
f.
Any new multi-family structure or use.
The approving authority may waive site plan approval requirements
upon a finding by the authority that the proposed construction or
alteration or change of occupancy or use does not affect existing
circulation, drainage, relationship of buildings to each other, landscaping,
buffering, lighting or other considerations of site plan review, and
all requirements of the zoning ordinance are met. The approving authority
may waive the requirement for a public hearing, in its discretion,
on any application.
The proposed structure or development shall meet all requirements
of all applicable codes, ordinances and specifications of the municipality,
county, state or federal governments or other agencies with jurisdiction
over matters pertaining to site development, except as noted elsewhere
in this chapter.
The site plan or subsequent amendments thereto shall be approved as hereinafter set forth. The approving authority, in approving such site plan, may impose reasonable and lawful conditions or requirements designated or specified on or in connection therewith, which conditions and requirements shall be provided and maintained as a condition to the establishment, maintenance and continuance of any use or occupancy of any structure to which they are appurtenant. The approving authority may require and accept, in accordance with the standards adopted by ordinance for the purpose of assuring the installation and maintenance of on-tract improvements, the furnishing of a performance guarantee and the provision for a maintenance guarantee in accordance with subsection 11-8.5. As to the required installation of improvements, the provisions set forth in subsection 11-10.2 shall apply.
In addition to referral of site plans to other agencies required
by law to review site plans, the approving authority may refer plans
to other local, county, state, federal, private or semi-public agencies
for their recommendations within their particular fields of expertise.
The approving authority, when acting upon applications for preliminary
site plan approval, shall have the power to grant such exceptions
from the requirements of subsections 13-4.5 and 13-4.6 as may be reasonable
and within the general purpose and intent of this chapter if the literal
enforcement of one or more provisions of these subsections is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
The planning board, when reviewing applications for site plans, shall have the power to grant certain variances in accordance with the provisions of Chapter 10A, Land Use Procedures.
Public notice shall be required for all site plans which include, as part of their application, requests for variances under this subsection. Such public notice shall be provided by the applicant in accordance with the provisions of Chapter 10A, Land Use Procedures.
a.
Less Than 10 Acres and Less Than 10 Dwelling Units. Upon the submission
of a complete application for a site plan for 10 acres of land or
less than 10 dwelling units or less, the approving authority shall
grant or deny preliminary approval within 45 days of the date of such
submission or within such further time as may be consented to by the
applicant, except that if the application for site plan approval also
involves an application for a relief pursuant to R.S. 40:55D-60, the
approving authority shall grant or deny preliminary approval within
95 days of the date of submission of a complete application, or within
such further time as may be consented to by the application. The time
for the board's review shall not begin to run until the submission
of a complete application with the required fee. If an application
for development is found to be incomplete, the developer shall be
notified in writing of the deficiencies therein by the board or the
board's designee for the determination of completeness within 45 days
of the submission of such application or it shall be deemed to be
properly submitted.
b.
More Than 10 Acres or More Than 10 Dwelling Units. Upon the submission
of a complete application for a site plan for more than 10 acres or
more than 10 dwelling units, the approving authority shall grant or
deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the applicant.
The time for the board's review shall not begin to run until the submission
of a complete application with the required fee. If an application
for development is found to be incomplete, the developer shall be
notified in writing of the deficiencies therein by the board or the
board's designee for the determination of completeness within 45 days
of the submission of such application or it shall be deemed to be
properly submitted.
c.
By Board of Adjustment. Upon submission to the board of adjustment
of a complete application for site plan approval pursuant to R.S.
40:55D-76b, the board of adjustment shall grant or deny approval within
120 days of the date of such submission or within such further time
as may be consented to by the applicant. The time for the board's
review shall not begin to run until the submission of a complete application
with the required fee. If an application for development is found
to be incomplete, the developer shall be notified in writing of the
deficiencies therein by the board or the board's designee for the
determination of completeness within 45 days of the submission of
such application or it shall be deemed to be properly submitted.
An appeal from any final decision of the planning board may
be taken to the borough council, provided such appeal shall be taken
in accordance with R.S. 40:55D-17.
[Ord. 292; Ord. 383; Ord. 479; Ord. 691]
Applications for preliminary site plan review shall be filed,
on forms provided, with the secretary of the planning board or zoning
board at least 21 days prior to the scheduled meeting at which consideration
is desired.
All major and minor site plans, as defined under subsections
13-1.5a and 13-1.5b, shall be prepared by a professional engineer
or architect, and shall contain the required information and in the
format specified on the checklist of submission requirements for each
particular type of site plan. Checklists and site plan application
forms are available from the Secretary of the Planning and Zoning
Board at Borough Hall.
Specific design standards shall conform to applicable borough
ordinances. In reviewing any site plan, and prior to approval thereof,
the approving authority shall find that:
a.
The design and arrangement of proposed buildings and parking areas
includes consideration of an aesthetically pleasing design and efficient
arrangement. Particular attention has been given to safety and fire
protection, and the visual and functional impact of the proposal on
surrounding development and contiguous and adjacent buildings and
lands.
b.
Buffering is located around the perimeter of the site to minimize
the impact of headlights of vehicles, noise, light from structures,
the movement of people and vehicles, and to shield activities from
adjacent properties when necessary. Buffering may consist of fencing,
evergreens, shrubs, bushes, deciduous trees or combinations thereof
to achieve the stated objectives.
c.
Landscaping is provided as part of the overall site plan design and
is integrated into building arrangements, topography, parking, and
buffering requirements. Landscaping may include trees, bushes, shrubs,
ground cover, perennials, annuals, plants, sculpture, art and the
use of buildings and paving materials in an imaginative manner.
d.
Sanitary waste disposal and water supply has been reviewed by the
borough engineer. Particular emphasis has been given to the adequacy
of existing systems, and the need for improvements both on site and
off site, to meet sewage needs and to maintain an adequate supply
of water at sufficient pressure.
e.
Surface drainage and soil erosion and sediment control proposals
have been reviewed by the borough engineer. On and off site erosion
shall not be caused or worsened either during or after construction.
It has been demonstrated that surface drainage from the site will
not increase the potential of area or downstream flooding.
f.
The design and arrangement of pedestrian and vehicular traffic movement
within and adjacent to the site has been reviewed with particular
emphasis on the provision and layout of parking areas, off-street
loading and unloading, movement of people, goods and vehicles from
access roads within the site, between buildings, and between buildings
and vehicles. For example, large parking areas should be subdivided
by landscaped aisles for traffic control, pedestrian safety and aesthetic
considerations.
g.
Access to the site from adjacent roads has been designed so as to
interfere as little as possible with traffic flow on these roads and
to permit vehicles a convenient and safe ingress and egress to the
site.
h.
Signs have been designed so as to be harmonious with other signs
on the site, and located so as to achieve their purpose without constituting
hazards to vehicles and pedestrians.
i.
Adequate lighting has been provided to ensure safe movement of persons
and vehicles and for security purposes. Lighting standards shall be
of a type and height acceptable to the approving authority. Directional
lights shall be arranged so as to minimize glare and reflection on
adjacent properties. All electric, telephone, and similar utilities
shall be under ground whenever feasible.
j.
Garbage disposal provisions are acceptable in terms of adequate storage
facilities, vermin and rodent control, and aesthetic considerations.
All systems shall meet municipal specifications as to installation
and construction.
a.
The requirements contained in Chapter 12, Zoning, as they relate to circulation, parking, performance standards, location of structures, setbacks, yards, bulk, height and coverage shall apply to site plan approval.
b.
The design criteria established in Chapter 11, Land Subdivision, shall apply, where appropriate, to site plan approval.
c.
Visual Design Considerations. Site plan design shall consider the
Visual Design Plan of the 1997 Borough Master Plan and the following
building design guidelines:
1.
Building massing and scale:
2.
Building materials:
(a)
Building materials should be compatible with the predominant
materials of adjacent structures. The recommended standard is painted
clapboard.
(b)
Aluminum siding, metal panels, and mirrored glass surfaces are
prohibited.
(c)
Metal awnings are discouraged. Awnings should be solid or striped
canvas.
3.
Nonresidential building details:
(a)
If several storefronts are located in one building, they should
be unified in design treatment; e.g., the design of windows and door
openings, the use of materials and colors.
(b)
All storefronts should include display windows with a sill height
not more than two feet from grade.
(c)
Surface detailing should be integral with the structure rather
than applied for decorative purposes.
(d)
Exterior mounted mechanical and electrical equipment shall be
architecturally screened.
(e)
The design of all street furniture (benches, phone booths, trash
receptacles, etc.) should be consistent (design style, color, material)
with overall building design concept.
The approving authority may waive submission of any required
exhibits in appropriate cases and for specific site plans.
A complete application for final approval shall consist of the
following:
a.
A properly completed final site plan application form and the required
fee.
b.
Fifteen copies of final site plans that are substantially the same
as the approved preliminary site plans.
c.
Proof that all taxes and assessments for local improvements on the
property have been paid.
d.
Bonds posted to ensure the installation of all on and off tract improvements
in a form suitable to the borough engineer and the borough attorney.
e.
All other necessary documentation as deemed necessary by the approving
authority.
[Ord. 292; Ord. 383]
a.
Purpose. This review is intended to eliminate unnecessarily detailed
plan preparation for those plans eligible for waiver, and to also
provide other applicants with planning board recommendations prior
to required detailed plan preparation. However, an applicant may,
at his option, omit this review stage and proceed directly to preliminary
site plan review.
b.
Filing; Contents of Sketch. Any applicant for sketch site plan review
shall first file with the secretary of the planning board a completed
application form and 15 copies of proposed site and building plans
at least 21 days prior to the scheduled meeting at which consideration
is desired.
c.
Time for and Effect of Approval. At a public hearing of the planning
board, and within 45 days of sketch plan filing, the board shall,
by formal vote, either waive site plan approval requirements or conditionally
approve sketch plan for preliminary review. If site plan approval
requirements are waived, the sketch plan shall be so validated and
notification of such waiver shall be sent to the building inspector
together with one copy of the validated plan.
If no action is taken within 45 days of sketch plan filing or if the sketch plan is conditionally approved for preliminary review the applicant shall prepare a preliminary site plan for submittal to the planning board. In its conditional approval of a sketch plan, the planning board may direct the applicant to make changes in the preliminary plan in conformance with the design standards and related standards of subsections 13-3.3 and 13-3.4. Conditional approval of a sketch plan for preliminary review does not give the applicant permission to proceed with construction.
a.
Time Periods. The time for preliminary site plan review shall not
begin to run until the submission of a complete application and fee.
Unless the applicant is informed in writing by the secretary of the
planning board within 45 days of the actual submission of the application
that such application is incomplete, as determined by the planning
board or by the site plan review committee, such application shall
be deemed complete on the date submitted.
b.
Referral of Application by Planning Board. The secretary of the planning
board shall immediately transmit copies of such plans and request
comments from the following:
Building inspector
Engineer
Planner
County planning board
Board of health
c.
Considerations of Planning Board. At a public meeting, the planning board shall consider the site plan submission and the comments. The planning board shall be guided in its action by the design and related standards of subsections 13-3.3 and 13-3.4. The applicant shall have the right to appear before the planning board and be heard with respect to the submission.
d.
Actions by Planning Board. After completion of its review, the planning
board shall approve or disapprove the submission, stating its findings
and the reasons for its actions. Approval may be made conditional
upon the applicant's adoption of specified changes in the site plan
and submission of an amended site plan indicating the changes.
The action of the planning board shall be noted on the site
plan. If the planning board disapproves a site plan, the stated reasons
for disapproval shall be remedied prior to further consideration.
If the planning board requires a substantial change in layout, the
applicant may be required to submit a new site plan, which shall be
proceeded on as in the case of the original filing except that an
additional fee not be required.
e.
Rights Under Preliminary Approval. Preliminary approval of a site
plan shall confer upon the applicant the following rights for a three-year
period from the date of preliminary approval:
1.
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; natural resources
to be preserved on the site; vehicular and pedestrian circulation;
parking and loading; screening; landscaping and location of structures;
exterior lighting both for safety reasons and street lightings. Nothing
herein shall be construed to prevent the borough from modifying by
ordinance such general terms and conditions of preliminary approval
as they relate to public health and safety.
2.
The applicant may submit for final approval on or before the expiration
date of preliminary approval the whole or a section of sections of
the preliminary site plan.
3.
The applicant may apply for and the approving authority 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 may govern at the discretion of the approving
authority.
Where review or approval of the application by the County Planning
Board is required by R.S. 40:27-6.6. the approving authority shall
condition any approval that it grants upon the timely receipt of a
favorable report by the County Planning Board. The absence of a report
from the County Planning Board within the review period shall be considered
an approval by the County Planning Board.
a.
Time for Approval. The planning board shall grant final approval
if the board finds that the detailed drawings, specifications and
estimates of the application for final approval conform to ordinance
requirements for final approval and the conditions of the preliminary
approval. Final approval shall be granted or denied within 45 days
after submission of a complete application to the secretary of the
planning board, or within such further time as may be consented to
by the applicant.
b.
Failure to Render Decision. Failure of the planning board to act
within the period prescribed shall constitute final approval as submitted.
An applicant may request a certificate of the secretary of the planning
board as to the failure of the planning board to act, and it shall
be sufficient evidence of approval.
c.
Final Plan Review Waiver. The approving authority may grant final
approval at the time of preliminary approval provided that all of
the requirements for final approval are met at the time of preliminary
approval.
d.
Effect of Final Approval. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the applicant pursuant to paragraph 13-3.2f, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the applicant has followed the standards prescribed for final approval, the reviewing board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to subsection 13-3.2 for the section granted final approval.
[Ord. 292; Ord. 425]
Every developer, as a condition for approval of a site plan, shall be required to pay his pro-rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but, necessitated or required by construction or improvements within such development. The off-tract improvements for which the developer must contribute shall be based on the circulation plan and the utility service plan elements of the borough master plan. The requirements and standards regarding installation and proration of costs set forth in subsection 11-10.5 of the borough land subdivision ordinance, with regard to off-tract improvements, shall be applicable to site plans as well. Where a developer pays the amount determined as his pro-rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
The approving authority may require the construction or installation
of improvements as set forth in chapter II. Land Subdivision. Prior
to the issuance of a building permit, and/or certificate of occupancy,
the approving authority shall require the installation or construction
of such improvements or the posting of performance guarantees in the
form of cash and bond, adequate to cover the cost of all such improvements
and inspection fees.
All requirements of the Land Subdivision Chapter shall be met
with respect to the form of performance guarantees, installation of
construction, inspections, acceptance and provision for maintenance
bonds.
[Ord. 349; Ord. 383]
[Ord. 292; Ord. 334; Ord. 736]
Approved development plans (including, but not limited to site
plans, subdivision plans, architectural plans and elevations, variance
plans and board resolutions, including all conditions and obligations
set forth in resolutions) shall be binding upon the applicant. Any
changes from the approved development plans shall require resubmission
and reapproval by the planning board. The zoning officer is hereby
given the duty, power and authority to enforce this chapter.
No building permit shall be issued for any development which
is or has been the subject of a development application until both
a zoning permit and a temporary certificate of conformance have been
issued by the zoning officer. An applicant must first obtain a permanent
certificate of conformance before applying for a certificate of occupancy
or certificate of approval.
A temporary certificate of conformance shall be issued by the
zoning officer only after:
a.
The applicant receives development plan approval (site plan, subdivision,
variance or other required approval).
b.
The applicant has satisfied all preconstruction conditions in the
resolution of approval, including the provision of performance guarantee
and developer's agreement.
c.
All incomplete site improvements which were required by the final
approval which may not have been previously guaranteed shall have
a performance guarantee posted in accordance with this chapter.
The temporary certificate shall be granted for a specified period
of time not exceeding one year. This period of time may be extended
for good cause upon application to the zoning officer. The zoning
officer shall extend the temporary certificate where the development
approvals are vested within a period of protection as provided for
under the Municipal Land Use Law.
A permanent certificate of conformance shall be issued by the
zoning officer only after:
a.
All site improvements have been completed in accordance with the
approved development plans and any approved amendments thereto.
b.
The applicant's or developer's engineer has certified in writing
that all improvements have been constructed and installed and are
operating in accordance with the approved development plans and any
approved amendments thereto.
c.
Written confirmation from the borough engineer that all improvements
have been constructed and installed and are operating in accordance
with the approved development plans and any approved amendments thereto.
d.
Maintenance guarantee, if required, has been posted.
e.
All inspection fees or other outstanding fees have been paid.
f.
All other conditions required by the planning board have been met.
a.
If at any time any person fails to adhere to any of the conditions
of the approved development plans, this shall be construed as being
in violation of this chapter and shall reasonably be grounds for the
revocation of the temporary certificate of site plan conformance until
compliance is achieved. Revocation shall be by written notice sent
by certified mail by the zoning officer. However, the zoning officer
may make the same effective at a future date, and if prior to said
date such compliance is achieved, the notice may be withdrawn.
a.
In case any building or structure is erected, constructed, altered,
repaired, converted, or maintained, or any building, structure or
land is used in violation of this chapter or other regulation made
under authority conferred hereby, or fails to adhere to any of the
conditions in the approved development plans or set forth in the resolution
of approval, the zoning officer, or an interested party, in addition
to other remedies, may institute appropriate action or proceeding
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation to prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct, business or use in
or about such premises.
b.
For each and every violation of any provision of this chapter the
owner, contractor, or other persons interested as general agent, architect,
building contractor, owner, tenant, or any other persons who commit,
take part, or assist in any violation of this chapter, or who may
maintain any building or premises in which any violation of this chapter
shall exist, and who shall have refused to abate the violation within
five days after written notice shall have been served upon him either
by mail or by personal service, shall for each and every violation
be subject to imprisonment in the county jail for a term not exceeding
90 days or by a fine not exceeding $500 or both. Each day, in excess
of five days after such written notice is served, that such violation
continues, shall be considered a separate and specific violation of
this chapter.
