[HISTORY: Adopted by the Mayor and Council
of the Borough of Alpha 2-13-2001 by Ord. No. 01-02 (Ch. 98 of the 1974
Code). Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Alpha Borough Site Plan Review Ordinance of 2000."
A.
BOARD
CONVENTIONAL
DEVELOPER
DEVELOPMENT
GUARANTY
MINOR SITE PLAN
(1)
(2)
(3)
(4)
OFF-SITE AND OFF-TRACT IMPROVEMENTS
ON TRACT
PLANNED DEVELOPMENT
SITE PLAN
(1)
(2)
(3)
The following words or terms shall have the following
meanings where used herein:
The Planning Board of Alpha Borough.
[Amended 6-22-2004 by Ord. No. 04-16]
Development other than planned development.
The legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option or contract of purchase or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in use of
any building or other structure or land or extension of use of land.
Any security which may be accepted by the municipality, provided
that a municipality shall not require more than 10% of the total performance
guaranty in cash.
The development of one or more lots which does not involve
planned development, any new street or extension of any off-tract
improvement and contains the information reasonably required in order
to make an informed determination as to whether the requirements established
by this chapter for approval of a minor site plan have been met and
shall be limited to the following classes of development:
[Added 11-12-2013 by Ord. No. 13-19]
A change in use involving no building construction, other than
interior modifications or interior structural alterations, and no
need for additional off-street parking, lighting or drainage improvements.
Minor structural changes, such as entry enclosures, porticos
and other structural appurtenances, including roof appurtenances.
Building additions not exceeding 100 square feet in ground coverage
and accessory buildings and structures not exceeding 500 square feet
in ground coverage, provided that the same do not invade upon any
required parking area, setback area or otherwise violate any requirements
of the Borough development regulations.
Site plans detailing development not reasonably anticipated
to create impacts beyond those normally attending applications otherwise
meeting the requirements of Subsections A, B and C above.
Improvements made outside the lot in question or outside
the original tract, respectively, to accommodate conditions generated
by a proposed development, including but not limited to new improvements
and extensions and modifications of existing improvements.
[Added 11-9-2021 by Ord. No. 2021-13]
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures, signs, lighting
and screening devices.
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter requiring review and approval of site plans.
B.
Terms and words not defined herein, but defined in Chapter 410, Zoning, Chapter 57, Land Use Procedures, or Chapter 350, Subdivision of Land, shall have, for the purposes of this chapter, the meanings given them in Chapter 410, Zoning, or Chapter 350, Subdivision of Land, as the same now reads or may be amended. Terms and words not defined herein nor in Chapter 410, Zoning, or Chapter 350, Subdivision of Land, shall have the meanings given them in the Municipal Land Use Law, its amendments and supplements thereto.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Site plan review and approval shall be required
as a condition for the issuance of a permit for any development, except
that individual lot applications for detached one- or two-dwelling-unit
buildings which are part of a minor subdivision shall be exempt from
site plan approval.
In the case of a site plan for a development
which proposes construction over a period of years, the developer
shall plan proposed stages so as to protect the interests of the public
and of the residents, occupants and owners of the proposed development
during the total completion of the development.
The following documents shall be submitted with
all applications for approval:
A.
Proof from the Alpha Borough Tax Collector or other
designated official that no taxes or assessments for local improvements
are due or delinquent on the property for which the site plan application
is made.
B.
Where the applicant is a corporation or partnership,
it shall submit the following:
(1)
A list of all stockholders or individual partners
owning at least 10% of its stock or at least 10% of the interest in
the partnership, as the case may be, pursuant to N.J.S.A. 40:55D-48.1.
(2)
Where the 10% or more of the ownership disclosed pursuant
to N.J.S.A. 40:55D-48.1 is by a corporation or partnership, the applicant
shall provide a list of all stockholders or individual partners owning
at least 10% of the stock or partnership interest in a corporation
or partnership owner subject to disclosure pursuant to N.J.S.A. 40:55D-48.1.
Prior to the submission of a preliminary site
plan, the applicant is encouraged to submit a concept plan showing
the proposed site development. The Planning Board shall grant an informal
review of a concept plan from which the applicant intends to prepare
and submit an application for development. The concept plan shall
be in sufficient detail to allow the Board to make an informal decision
on the merits of the proposal. The applicant shall not be bound by
any concept plan for which review is requested, and the Board shall
not be bound by any such review.
[Added 11-12-2013 by Ord. No. 13-19]
Minor site plan requirements shall be as follows:
A.
Lot or tract boundary information must be shown, but may be based
upon Tax Map, deed or other reasonably accurate base.
B.
Names of owner(s), block and lot numbers and street address of subject
property and of properties within 200 feet of the tract.
C.
General topography need be shown on the site.
D.
Documentation supporting the adequacy of any existing septic must
be provided.
E.
Location of one-hundred-year floodplain with source of information.
F.
Location of any wetlands on and within 150 feet of the tract as determined
by a qualified individual.
G.
Existing and proposed rights-of-way, easements or covenants affecting
the property.
H.
Gross and net area of existing lot(s).
I.
Setback dimensions of existing structures and required by Zoning
Ordinance building setback lines.
J.
A schedule of required and provided zone district requirements, including
lot area, width, depth, yard setbacks, impervious surface ratio, floor
area ratio, etc.
K.
Location, type and size of proposed utility services, including but
not limited to gas, electric, water, sewer and cable television; location
of proposed wells and septic systems where public sewer and water
are not available.
L.
Location and first floor and garage floor elevation of all existing
buildings and structures and the location of all existing driveways.
M.
Location of existing and proposed signs and details of their size,
lighting and type of construction.
N.
The location, type and size of proposed curbs, sidewalks, driveways,
fences, landscaping, retaining walls, drainage facilities, parking
spaces and loading areas on the site.
O.
A narrative indicating the proposed use of the property and anticipated
impacts upon traffic circulation, parking, lighting, stormwater runoff
and sewage disposal.
A.
At least 10 black-on-white prints of the preliminary plan, together with four completed application forms for preliminary approval, shall be submitted to the Borough Clerk 14 days prior to the Planning Board meeting at which consideration is desired. The applicant shall also submit a certification from the Tax Collector that all taxes and assessments on the property have been paid to date. At the time of filing, a fee shall be paid to the Borough of Alpha as specified in Chapter 57, Land Use Procedures, of the Alpha Borough Code to cover the costs of publishing the notice and of notifying the persons concerned of the pending hearing on said subdivision. The Borough Clerk shall immediately notify the Secretary of the Planning Board upon receipt of a preliminary plan.
B.
Hearing. The Planning Board shall set the time and
date of a public hearing on the preliminary application. The applicant
shall cause notice of the hearing to be published in the official
newspaper of the municipality or in a newspaper of general circulation
in the municipality at least 10 days prior to the hearing. The cost
of said notice shall be paid by the applicant. The applicant shall
also mail notice of the hearing at least 10 days prior thereto, addressed
to the owners, as the names appear on the municipal tax record, of
all property within 200 feet of the extreme limits of the subdivision.
The notice of hearing shall contain a brief description of the property
involved, a statement as to its location, a list of the maps and other
documents to be considered and a summary statement of the matters
to be heard. Copies of the maps and other documents to be considered
at the hearing shall be filed in the office of the Borough Clerk.
Such copies shall be made available at such office for public inspection.
Adequate proof of compliance with this subsection shall be furnished
by the applicant prior to the hearing.
C.
County Planning Board review. The applicant shall
submit an application to the Warren County Planning Board concurrent
with the application to the Borough.
D.
Copies of the preliminary plan shall be forwarded
by the Borough Clerk prior to the hearing to the following persons:
E.
Prior to granting tentative approval to a preliminary
plan, the applicant shall furnish the Planning Board with the following
certifications:
(1)
Certification from the Board of Health of the Borough
of Alpha approving the method and type of sewage disposal and water
supply.
(2)
Where water or sewage service is to be obtained from
a municipally owned system, certification from the appropriate agency
that it has consented to supply such service.
(3)
Where water or sewage service is to be obtained from
other than a municipally owned system, certification from the appropriate
agency that it has consented to such method of service and copies
of all agreements from private utilities undertaking to provide such
services, if the same are not to be supplied by the applicant.
F.
The Planning Board shall act on the preliminary plan within the time limits set forth in Chapter 57, Land Use Procedures, of the Borough Code. The person submitting a plan shall be notified of the action of the Planning Board within the time limits set forth in Chapter 57, Land Use Procedures, of the Code.
G.
If the Planning Board acts favorably on a preliminary
plan, the Chairman of the Planning Board shall affix his signature
to the plan with a notation that it has received tentative approval
and return it to the subdivider for compliance with final approval
requirements.
H.
Preliminary approval shall confer upon the applicant
the following rights for a three-year period from the date of approval:
A.
The final plan shall be submitted to the Planning Board for final approval within three years from the date of tentative approval of the preliminary plan. The Planning Board shall act upon the final plan within the time limits set forth in Chapter 57, Land Use Procedures, of the Borough Code. This provision shall not prohibit submission of a final site plan for noncomplex projects concurrently with the preliminary submittal.
B.
At least ten black-on-white prints of the final plan, together with four completed application forms for preliminary approval, shall be submitted to the Borough Clerk 14 days prior to the Planning Board meeting at which consideration is desired. The applicant shall also submit a certification from the Tax Collector that all taxes and assessments on the property have been paid to date. At the time of filing, a fee shall be paid to the Borough of Alpha as specified in Chapter 57, Land Use Procedures, of the Alpha Borough Code to cover the costs of publishing the notice and of notifying the persons concerned of the pending hearing on said subdivision. The Borough Clerk shall immediately notify the Secretary of the Planning Board upon receipt of a preliminary plan.
C.
The application shall be accompanied by fees and deposits in appropriate amounts as specified in Chapter 57, Land Use Procedures, of the Borough Code and a certification from the Tax Collector that all taxes and assessments on the property have been paid to date.
D.
County Planning Board review. The applicant shall
submit an application to the Warren County Planning Board concurrent
with the application to the Borough.
F.
Letters required prior to final approval. Prior to
final approval, the Planning Board shall have received the following:
(1)
A letter containing a list of all items to be covered by a performance guaranty (cash or certified check) pursuant to § 57-21, the quantities of each item, the cost of each item and the total amount of all items.
(2)
A letter from the Borough Engineer stating that the
required improvements have been installed to his satisfaction and
in accordance with applicable Borough specifications and that the
performance guaranty is adequate to cover the cost of remaining improvements.
(3)
A letter from the applicant's engineer stating that
the final plan conforms to the preliminary plan, as submitted and
approved.
G.
Time limitation. The Planning Board shall act on the final plan within the time set forth in Chapter 57, Land Use Procedures, of the Code, or within a mutually agreed upon extension of time. Failure to act within the allotted time shall constitute approval, and the Borough Clerk shall issue a certificate to that effect.
H.
Distribution of copies. After final approval, one
translucent tracing and one cloth print shall be filed with the Borough
Clerk. The original tracing and one cloth print shall be returned
to the subdivider. Copies of the final plan shall also be filed by
the Planning Board with the following:
A.
Site plans shall be submitted in accordance with the
following schedules:
(2)
The title block shall include the following information:
(a)
The name of the site plan.
(b)
The name, address, membership or license of
the professional person who prepared the drawings.
(c)
The term "concept site plan," "preliminary site
plan" or "final site plan," as applicable.
(d)
The date of the drawing.
(e)
The drawing reference number.
(f)
The section number of the section being submitted,
if applicable.
(g)
The scale of the drawing.
B.
Concept plan review. In keeping with the above intent,
prospective developers are hereby encouraged but not required to informally
submit preliminary sketches, reports and/or proposals for development
to the Board for review and discussion (at duly constituted regular
or special Board meetings). The following of such informal procedure
shall not prejudice the developer's right to proceed subsequently
as an applicant otherwise pursuant to the requirements of this chapter.
The developer shall be required to submit any fees for such an informal
review in an amount equal to 25% of the required fees for preliminary
plan submittal. The developer shall not be bound by any concept plan
for which review is requested, and the Board shall not be bound by
any such review.
C.
Preliminary site plan requirements.
(2)
The preliminary site plan shall be drawn at a scale
in accordance with the following table:
|
Area of Site
(acres)
|
Scale Not to be Less Than
| |
|---|---|---|
|
Less than 40
|
1 inch equals 50 feet
| |
|
Over 40
|
1 inch equals 100 feet
|
(3)
The plan shall include the following data:
(a)
The name and address of the developer and the
owner and the name, address and title of the person preparing the
plan and maps, including appropriate map titles and accompanying data.
(b)
The acreage, Municipal Tax Map lot and block
numbers and tax sheet numbers of the lot or lots.
(c)
A key location map showing the site and its
relationship to surrounding areas and zone boundaries within a minimum
of 1/4 mile.
(d)
A date, graphic scale and North arrow.
(e)
All existing, proposed and minimum required
setback dimensions.
(f)
Landscaped areas, fencing and trees over four
inches in diameter, except that where trees are in mass, only the
limits thereof if proposed to remain need be shown, or if proposed
for removal, only trees over nine inches in diameter need be shown.
(g)
All existing and proposed signs, utility poles
and their size, type of construction and location.
(h)
The existing and proposed principal building
or structures and all accessory buildings or structures, if any, approximate
floor areas of said buildings and approximate finished grade elevations
at all corners of said buildings.
(i)
The location of all existing buildings, drainage
and parking areas within 200 feet of the lot.
(j)
Existing topography depicted by contours at
two-foot intervals based upon New Jersey Geodetic Control Survey datum
for the site and areas within 100 feet of the site.
(k)
The approximate location and size of all existing
and proposed storm drainage facilities, plus all required preliminary
design data supporting the adequacy of the existing or proposed facility
to handle future storm flows and analysis of the capacity of the facility
into which the stormwater will flow.
(l)
An analysis of all existing and proposed utilities
and an analysis of the capacity of the existing utilities to accept
the proposed facility.
(m)
The location of all existing and proposed sidewalks,
driveways, fences, retaining walls, parking space areas and the layouts
thereof, and all off-street loading areas, together with the dimensions
of all the foregoing on the site in question and within 100 feet of
said site.
(n)
The estimated average number of automobiles
and number and size or type of trucks or buses that will enter and
leave the site each day and during the peak hours, including an analysis
of the ability of the existing road system to accept the additional
traffic volumes.
(o)
The location, size and nature of all existing
and proposed rights-of-way, easements and other encumbrances which
may affect the lot or lots in question, and the location, size and
description of any lands to be dedicated to the Borough or to the
county.[2]
(p)
The location, size and nature of the entire
lot or lots in question, and any contiguous lots owned by the developer
or in which the developer has a direct or indirect interest, even
though only a portion of the entire property is involved in the site
plan for which approval is sought; provided, however, that where it
is physically impossible to show such entire lot or lots contiguous
lots on one map, a key map thereof shall be submitted.
(q)
Plans and profiles of streets adjoining the
property for a distance of 500 feet in either direction, including
the location of driveways and intersecting streets and an indication
of the maximum available sight distance.
(r)
General nature and extent of proposed site lighting.
(s)
The method of sewage disposal and water supply
and the preliminary design thereof. If the site is to be served by
an individual sewage disposal system, a copy of the report required
for percolation or permeability tests and soil logs therefor shall
be submitted indicating the result and location for all tests conducted
on the parcel.
(t)
Proposed stages or development sections, if
any, and the approximate schedule for implementing each stage or section.
(u)
Tax Map lot and block numbers and names of owners
of all properties within 200 feet of the site.
(4)
The plans shall be prepared by a properly licensed
professional in accordance with the requirements of N.J.A.C. 13:40-7.
D.
Final site plan requirements.
(1)
An application for final site plan shall be substantially the same as the approved preliminary site plan or a stage or section thereof; however, it shall show final and detailed design and engineering which shall be designed in accordance with the review and design guidelines in § 315-10.
[Amended 6-22-2004 by Ord. No. 04-16]
(2)
The site plan shall be drawn at a scale not less than
one inch equals 50 feet and not greater than one inch equals 10 feet;
except that for land development plans that will require more than
one sheet at this scale, a key map shall be included to show the entire
tract and the detail sheet which shows each segment thereof.
(3)
The plan shall include or be accompanied by the following
data:
(a)
The name and address of the developer and the
owner and the name, address and title of the person preparing the
plan or maps, including appropriate map and titles and accompanying
data.
(b)
An affidavit of the owner and other parties
in interest that the site plan is submitted with their knowledge and
consent.
(c)
The Municipal Tax Map lot and block numbers
of the lot or lots.
(d)
A key location map showing the site and its
relationship to surrounding areas and zone boundaries within a minimum
of 1/4 mile.
(e)
The names of all adjoining owners.
(f)
A date, graphic scale, North arrow and reference
meridian on any map.
(g)
The zone district in which the lot or lots are
located, together with a delineation of the yard setback lines required
in the zone district.
(h)
An accurate boundary survey prepared and certified
by a New Jersey licensed land surveyor. The survey shall be based
on a field traverse with an error of closure not less than one part
in 10,000.
(i)
The existing and proposed principal building
or structures and all accessory buildings or structures, if any, and
finished grade elevations of all first floors and roofs, including
roof structures.
(j)
Architectural floor plans for each floor of
the building or structure and elevations from all principal exposures
of all buildings or structures on the sites, but not less than four,
with the name, address and registration number of the licensed architect
preparing the plans.
(k)
Existing topography based upon New Jersey Geodetic
Control Survey datum, for the site and areas within 50 feet of the
site, and proposed grading, both with a maximum of two-foot contour
intervals.
(l)
All setback dimensions and minimum setback lines, fences and landscaped areas and trees as required by Subsection C(3)(f) of this section.
(m)
A landscape and planting plan which, as a minimum,
shall spot the location of all existing plantings to be retained and
all plantings to be established and shall contain a schedule, keyed
to the plantings shown, calling out the type (common name and botanical
name), size (height, spread and trunk diameter) at time of planting
and at maturity and quantity of all plantings shown on the plan.
(n)
All existing and proposed signs and lighting
standards, including design calculation and indications of size, type
of construction and location.
(o)
The location, type and size of all existing
and proposed catch basins and storm drainage facilities with profiles
thereof, including design calculations, plus all required design data
supporting the adequacy of all existing facilities to accept the additional
stormwaters.
(p)
The location, type and size of all existing
and proposed curbs, sidewalks, driveways, fences, retaining walls,
parking space areas and the layouts thereof, and all off-street loading
areas, together with the dimensions of all the foregoing on the site
in question and within 100 feet of said site.
(q)
The location, size and nature of all existing
and proposed rights-of-way, easements and other encumbrances which
may affect the lot or lots in question and the location, size and
description of any lands to be dedicated to the Borough or to the
county or other agency.[3]
(r)
The location and size of all sanitary sewer
lines and profiles thereof.
(s)
Location, size and type of all proposed utility
lines and structures, including but not limited to telephone, electric,
water, sanitary sewer, gas and CATV, and letters from each that the
facilities are adequate to serve the site development.
(t)
The location, size and nature of remaining lands
or contiguous lots in which the developer has a direct interest.
(u)
All proposed easements and public community
access.
(v)
The location, size and type of all proposed
off-site improvements.
(w)
All points of vehicular ingress and egress for
the site, indicating the size of driveways and sight triangles.
(x)
Provision for refuse and garbage disposal.
(y)
Location of all points in pedestrian access,
including internal circulation patterns.
(z)
Location and design of all fire prevention measures,
including emergency lanes, hydrants, sprinkler and siamese connections
and fire zones.
(aa)
The present and proposed number of units and
number of tenants, employees, customers or occupants of each unit
and a summary of the total number of each expected to be on the site
each day.
(bb)
The location of any other feature directly on
the property and beyond the property, if such feature has an effect
on the use of said property.
(cc)
Construction details of all proposed site improvements.
(ee)
A complete list of the site improvements, except
principal and accessory buildings, by item, and the quantities thereof
to be constructed.
(ff)
Copies of all applicable local, state and federal
permits that may be required.
(4)
The plans shall be prepared by a properly licensed
professional in accordance with the requirements of N.J.A.C. 13:40-7.
A.
General design considerations. The following shall
constitute the general design considerations for site plans which
shall be adhered to by the applicant in preparation of site plans:
(1)
Preservation of landscape. Landscape shall be preserved
in its natural state, insofar as practicable, by minimizing tree and
soil removal, and any grade changes shall be in keeping with the general
appearance of the neighboring developed areas. Adequate shade trees
shall be provided.
(2)
Relation of proposed buildings to environment. The
proposed structure shall be related harmoniously to the land form
(either natural or man-made) and to existing buildings in the vicinity
that have a visual relationship to the proposed buildings. The achievement
of such relationship may include the enclosure of space in conjunction
with other buildings or other proposed buildings and the creation
of focal points with respect to avenues of approach, terrain features
or other buildings.
(3)
Drives, parking and circulation. With respect to vehicular
and pedestrian circulation, including walkways, interior drives and
parking, special attention shall be given to location and number of
access points to the public streets, width of interior drives and
access points, general interior circulation, separation of vehicular
and pedestrian traffic and arrangement of parking areas that are safe
and convenient and, insofar as practicable, do not detract from the
design of proposed buildings and structures and the neighboring properties.
Streets shall be of sufficient width and suitable grade and suitably
located to accommodate prospective traffic and to provide access for
fire-fighting and emergency equipment to buildings and coordinated
so as to compose a convenient system consistent with the circulation
element of the Master Plan.
(4)
Surface water drainage. Special attention shall be given to proper sites for stormwater detention and surface drainage so that the surface water will not adversely affect neighboring properties or the public storm drainage system. As much as possible, and except as may be modified by Chapter 340, Stormwater Management, surface runoff waters from the premises should not be caused by the proposed development to exceed within any storm period the peak rate of runoff which would occur on a lot or tract in its presently developed condition, provided that, if the lot is presently farmed, it shall be considered as pasture for purposes of determining rate of runoff increase.
(5)
Utility service. All electric, telephone, cable television
and utility lines shall be underground. Adequate water supply, sewerage
facilities and other utilities necessary for essential services to
residents and occupants shall be provided.
(6)
Advertising features. The size, location, lighting
and materials of all permanent signs and outdoor advertising structures
or features shall not detract from the design of proposed buildings
and structures and the surrounding properties.
(7)
Special features. Exposed storage tank areas, exposed
machinery installations, service areas, truck loading areas, utility
buildings and structures and similar accessory areas and structures
shall be subject to such setbacks, screen planting or other screening
methods as shall reasonably be required to prevent their being incongruous
with the existing and contemplated site design and the surrounding
properties.
(8)
Open space. Open space and cluster residential developments and planned developments shall be provided in accordance with the provisions of Chapter 410, Zoning.
(9)
Application of design standards. The standards of
review outlined above shall also apply to all accessory buildings,
structures, freestanding signs and other site features.
B.
Design standards. The following minimum design standards
shall be required for all site improvements except where these standards
may be superseded by the provisions of the Residential Site Improvement
Standards (N.J.A.C. 5:21-1.1 et seq.):
(1)
Public streets.
(a)
Improvement of the public street upon which the site fronts shall be required for the portion of the site to be developed. These improvements shall be as required by Chapter 350, Subdivision of Land.
(b)
Sight triangles shall be provided at the intersection
of all driveways leading to and exiting from the site.
[1]
These sight triangles shall be measured along
the curbline of both the driveway and the intersecting street. The
sight triangle shall be limited by a point measured 30 feet along
the curbline of the driveway from the roadway curbline and a point
on the intersecting roadway curbline which shall be located from the
near curbline or the intersecting driveway in accordance with the
following table:
|
Roadway Classification
|
Minimum Sight Distance
(feet)
| |
|---|---|---|
|
Local
|
200
| |
|
Minor collector
|
275
| |
|
Major collector
|
350
| |
|
Others
|
400
|
[2]
The sight triangle shall be clear of all obstructions
from 20 inches above center-line grade to a point 120 inches above
the center line, except that utility poles and street trees shall
be permitted, provided that they do not create a safety hazard. An
easement dedication to the owner of the intersecting roadway incorporating
the entire sight triangle within the site but outside the right-of-way
line shall be made.
(2)
On-site improvements.
(a)
Site lighting.
[1]
Site lighting shall be provided in all areas
accessible to the public in accordance with the following table:
|
Area
|
Average Maintained Footcandles
| ||
|---|---|---|---|
|
Parking lots
| |||
|
Shopping centers
|
1.5 to 5
| ||
|
Retail businesses
|
1.0 to 4.0
| ||
|
Industrial
|
0.5 to 1.0
| ||
|
Residential, multifamily
|
0.4 to 1.0
| ||
|
Access driveways
| |||
|
Shopping centers
|
2.0 to 3.0
| ||
|
Retail businesses
|
1.0 to 3.0
| ||
|
Industrial
|
1.0 to 3.0
| ||
|
Park areas and pedestrianways
|
0.4
| ||
|
Sidewalks
|
0.5
| ||
|
Intersections
|
2.0 to 5
| ||
|
Other areas
|
As determined by individual study
| ||
[2]
In general, the areas most frequently utilized
shall be more intensely lit, with lighting levels decreasing as usage
decreases.
[3]
All lighting shall be designed to meet the following
minimum criteria:
[a]
All lighting from fixtures shall
be cut off at property lines adjoining residential areas and zones.
[b]
Fixtures shall provide cutoff so
that the lamp or refractor is not visible from adjoining roadways
or residential areas.
[c]
Sky glow effects are prohibited.
[d]
Maximum desirable luminaire mounting
heights shall be 30 feet.
[e]
A minimum uniformity ratio varying
from six to one for the intensely lit areas to 10 to one for the remote
areas. The uniformity ratio shall be the ratio of the average to minimum
intensity.
(b)
Storm drainage. All site plans shall incorporate
adequate storm drainage facilities. The facilities shall be designed
in accordance with the standards established in Chapter 250, Subdivision
of Land, and other applicable ordinances.
[1]
Inlets in parking areas shall be spaced and
sized to prevent a spread of water into the parking aisles during
a storm with an intensity of three inches per hour. Inlets in driveways
and roadways within parking areas shall be spaced and sized to provide
a minimum of an eight-foot-wide lane for each designed traveled lane
during a storm with an intensity of three inches per hour.
(c)
Parking lot layout. Parking lots providing in
excess of 50 parking spaces shall meet the following requirements:
[1]
Driveways shall be separated from parking stalls
and aisles by raised curbed islands which shall be a minimum of five
feet wide.
[2]
In every fifth row of parking, the opposing
stalls shall be separated by raised curbed islands, which shall be
a minimum of four feet wide.
[3]
At least one tree as required by Chapter 410, Zoning, shall be planted within each island required herein.
[4]
All islands required herein shall be landscaped
and grassed.
(d)
Landscaping. In addition to the buffer zone required by Chapter 410, Zoning, and ornamental shrubbery to be placed on the site, shade trees shall be placed in conformance with the following:
(e)
Pedestrian access. In parking areas in excess
of 100 parking stalls, sidewalks shall be constructed along all driveways
and roadways as necessary to accommodate pedestrian travel parallel
to the flow of traffic thereon.
(f)
Fire protection. Notwithstanding the provision
of fire codes and recommendations of fire personnel, the following
shall apply:
[1]
On all sites in excess of 10,000 square feet
of building area, fire aisles shall be provided adjacent to all exposures
of buildings. No automobile parking shall be permitted between the
fire aisle and the building, except that parcel pickup areas will
be permitted, provided that the designated area does not exceed 1/3
of the frontage of an individual business establishment. Pedestrian
walkways and truck loading zones will be permitted between the fire
aisle and the buildings.
[2]
All fire aisles shall be a minimum of 30 feet
in width.
[3]
No portion of a structure shall be more than
600 feet from a fire hydrant where public water is available.
(g)
Grading. Grading shall be as required by the
site construction. However, the following requirements shall be adhered
to:
[1]
Driveways. Driveways and roadways shall not
exceed a maximum grade of 6% and shall not exceed a grade of 4% within
100 feet at the sideline of an intersecting street.
[2]
Parking areas. Parking areas shall be reasonably
level but shall not exceed a maximum grade of 6% and shall be graded
so that stormwater runs from aisles to parking stalls and does not
cross drives or roadways in a concentrated flow.
[3]
Maximum earthen slopes. Slopes shall not exceed
a ratio of 1 1/2 horizontal to one vertical unless a slope stability
analysis indicates to the contrary, provided that slopes which are
in excess of two to one shall be fenced at the top with a four-foot-high
fence, and slopes greater than two to one but less than three to one
shall have a fence or protective vegetative screen or guardrail.
[4]
All nonpaved areas shall be permanently stabilized
to prevent erosion.
(3)
Standards for construction. All work shall be done
in conformance with the current construction standards of the Borough
of Alpha or, in lieu thereof, the current edition of the New Jersey
Department of Transportation Standard Specifications for Road and
Bridge Construction, current edition, with amendments and revisions
thereto, and with the New Jersey Department of Transportation standard
construction details, provided that all plans, details and specifications
shall be prepared in the "English" system of measurement.
A.
As a condition of final site plan approval, the Planning
Board shall require and accept in accordance with the standards of
this chapter for the purpose of assuring the installation and maintenance
of on-tract improvements:[1]
(1)
A performance guaranty in favor of the municipality
in an amount not to exceed 120%, 10% of which shall be in cash, of
the cost of installation for improvements if deemed necessary or appropriate,
including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting,
shade trees, surveyor's monuments, water mains, culverts, storm sewers,
sanitary sewers or other means of sewage disposal, drainage structures,
erosion control and sedimentation control devices, public improvements
of open space and other on-site improvements and landscaping.
(2)
A maintenance guaranty to be posted with the governing
body for a period not to exceed two years after final acceptance of
the improvement, in an amount not to exceed 15% of the total cost
of the improvement. In the event that other governmental agencies
or public utilities automatically will own the utilities to be installed
or the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required by the municipality for such
utilities or improvements.
B.
The form of the guaranty shall be as approved by the
Borough Attorney, and the amount of guaranty shall be as determined
by the Borough Engineer.
C.
The applicant shall assume liability during construction
of such improvements and until such time as the improvements are accepted
by the Borough of Alpha.
D.
Upon substantial completion of all required appurtenant
utility improvements, and the connection to the same to the public
system, the obligor may notify the governing body, in writing, by
certified mail addressed in care of the Borough Clerk, of the completion
or substantial completion of said improvements and shall send a copy
thereof to the Board Engineer. Thereupon, the Board Engineer shall
inspect all the improvements and shall file a detailed report, in
writing, with the governing body, indicating either approval, partial
approval or rejection of such improvements, with a statement of reasons
for any rejection. The costs of the improvements as approved or rejected
shall be set forth.
E.
The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Board Engineer and shall notify the obligor, in writing, by certified
mail, of the contents of said report and the action of said authority
with relation thereto not later than 45 days after receipt of notice
from the obligor of the completion of the improvements. Where partial
approval is granted, obligor shall be released from all liability
pursuant to its performance guaranty, except for that portion adequately
sufficient to secure provision of the improvements not yet approved,
provided that 30% of the amount of the performance guaranty posted
may be retained to ensure completion of all improvements. Failure
of the governing body to send or provide such notification to the
obligor within 45 days shall be deemed to constitute approval of the
improvements, and the obligor and surety, if any, shall be released
from liability pursuant to such performance guaranty for such improvements.[2]
Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a zoning permit, construction permit or certificate of occupancy, as the case may be, shall be construed to be a violation of this chapter and shall be grounds for the revocation of any zoning permit, construction permit or certificate of occupancy, as the case may be. If the Construction Code 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 said conditions, and failure to comply within this ten-day period shall result in revocation of the zoning permit, construction permit, certificate of occupancy or certificate of continued occupancy, as the case may be. Such violations may additionally or singly also be prosecuted under provisions of Chapter 410, Zoning.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be subject to any combination
of the following:
The following checklists are adopted as part
of this chapter and shall be submitted with all applications to be
determinative of the requirements of completeness as amplified in
the appropriate sections of this chapter. The specific requirements
of the written portions of this chapter to which these checklists
refer shall be the requirements for completeness.
[1]
Editor's Note: The checklists are included
at the end of this chapter.
[Added 11-9-2021 by Ord. No. 2021-13]
A.
General. Prior to the granting of final approval, the applicant shall
have installed or make cash payments toward the ultimate installation
of off-site or off-tract improvements and in accordance with the standards
and conditions governing on-site improvements. Off-site or off-tract
improvements herein shall include but not be limited to installation
of new improvements and extension and modifications of the existing
improvements.
B.
Estimate of cost and benefits. If an off-site or off-tract improvement
is required, the Land Use Board shall, with the aid of the Borough
Engineer and such other persons as have pertinent information or expertise,
estimate the cost of the improvement and the amount by which all properties
to be serviced thereby, including the applicant's property, will be
specially benefited therefrom.
C.
Manner of construction. When those estimates are received, the Borough
Council shall then decide whether the off-site or off-tract improvement
is to be constructed by the Borough as a general improvement, or by
the Borough as a local improvement, or by the applicant under a formula
providing for partial reimbursement by the Borough for benefits to
properties other than the subdivision.
D.
Amount of contribution. When this has been determined, the applicant
may be required to provide, as a condition for final approval of the
site plan, a cash deposit to the Borough of one of the following amounts:
(1)
If the improvement is to be constructed by the Borough as a general
improvement, an amount equal to the difference between the estimated
cost of the improvement and the estimated total amount, if less, by
which all properties to be serviced thereby, including the applicant's
property, will be specially benefited by the off-site or off-tract
improvement(s);
(2)
If the improvement is to be constructed by the Borough as a local improvement, then, in addition to the amount referred to in Subsection D(1), the estimated amount by which the applicant's property subdivision will be specially benefited by the off-site or off-tract improvement(s); or
(3)
If the improvement is to be constructed by the applicant, an amount
equal to the estimated cost of the off-site Borough Code section improvement,
less an offset for benefits to properties other than the applicant's
property.
E.
Allocation of costs. The allocation of costs shall be determined
in accordance with the following:
(1)
The Land Use Board may consider the total cost of the off-site or
off-tract improvements, the benefits conferred upon the applicant's
property, the needs created by the applicant, population and land
use projections for the general areas of the applicant's property
and other areas to be served by the off-site or off-tract improvements,
the estimated times of construction of off-site or off-tract improvements
and the conditions and periods of usefulness, which periods may be
based upon the criteria of N.J.S.A. 40A:2-22. The Land Use Board may
further consider the criteria set forth below.
(2)
Road, curb and sidewalk improvements may be based upon the anticipated
increase of traffic generated by the applicant's property site plan.
In determining such traffic increase, the Land Use Board may consider
traffic counts, existing and projected traffic patterns, quality of
roads and sidewalks in the area and other factors related to the need
created by the site plan approval and the anticipated benefit thereto.
(3)
Drainage facilities may be based upon the percentage relationship
between the site plan acreage and the acreage of the total drainage
basins involved.
(4)
Sewerage facilities may be based upon the proportion that the applicant's
site plan's total anticipated volume of sewage effluent bears to the
existing capacity of existing and projected sewage disposal facilities,
including but not limited to lines and other appurtenances leading
to and servicing the applicant's property. The Land Use Board may
also consider types of effluent and particular problems requiring
special equipment or added costs for treatment.
(5)
Water supply and distribution facilities may be based upon the added
facilities required by the total anticipated water use requirements
of the applicant's property.
F.
Payment of allocated cost(s).
(1)
The estimated cost of the off-site improvement allocated to the applicant,
if deposited in cash, shall be paid by the applicant to the Borough
CFO/Treasurer, who shall provide a suitable depository therefor; and
such funds shall be used only for the off-site or off-tract improvements
for which they are deposited or improvements serving the same purpose,
unless such improvements are not initiated by the Borough within a
period of 10 years from the date of payment, after which time said
funds so deposited shall be returned, together with accumulated interest
or other income thereon, if any.
(2)
In the event that the payment by the applicant to the Borough CFO/Treasurer
provided for herein is less than its share of the actual cost of the
off-site or off-tract improvements, then it shall be required to pay
its appropriate share of the cost thereof.
(3)
In the event that the payment by an applicant to the Borough CFO/Treasurer
provided for above is more than its appropriate share of the actual
cost of installation of the off-site or off-tract improvements, it
or its successor or assigns shall be repaid an amount equal to the
difference between the deposit and its share of the actual cost.
(4)
If the applicant shall deem that any of the amounts so estimated
by the Land Use Board are unreasonable, it may challenge them and
seek to have them revised in appropriate proceedings brought to compel
site plan approval.
(5)
If the applicant and the Borough cannot agree with respect to the
applicant's appropriate share of the actual cost of the off-site or
off-tract improvement(s) or the determination made by the officer
or board charged with the duty of making assessments as to special
benefits, if the off-site improvement or off-tract is constructed
as a local improvement, the dispute shall be decided in an appropriate
judicial proceeding or proceedings.
G.
Assessment of properties. Upon receipt from the applicant of its
allocated share of the costs of the off-site or off-tract improvements,
the Borough may adopt a local improvement assessment ordinance for
the purpose of construction and installation of the off-site or off-tract
improvements based upon the actual cost thereof. Any portion of the
cost of the improvements not defrayed by a deposit by an applicant
may be assessed against benefiting property owners by the Borough.
Any assessments for benefits conferred made against the applicant
or its successors in interest shall be first offset by a pro-rata
share credit of the allocated costs previously deposited with the
Borough CFO/Treasurer pertaining thereto. The applicant, or his successors
in interest, shall not be liable for any part of an assessment for
such improvements unless the assessment exceeds its pro-rata share
credit for its deposit, and then only to the extent of the deficiency.
H.
Credit for work performed. In the event that the applicant, with
the Borough's consent, decides to install and construct the off-site
or off-tract improvement, or any portion thereof, the certified cost
shall be treated as a credit against any future assessment for that
particular off-site or off-tract improvement, or portion thereof,
constructed by the Borough in the same manner as if the applicant
had deposited its apportioned cost with the Borough CFO/Treasurer,
as provided herein.
I.
Installation of improvements by applicant.
(1)
At the discretion and option of the Borough, the Borough may enter
into a contract with the applicant, providing for the installation
and construction of the off-site or off-tract improvements by the
applicant upon contribution by the Borough of the remaining unallocated
portion of the cost of the off-site or off-tract improvement(s).
(2)
In the event that the Borough so elects to contribute to the cost
and expense of installation of the off-site or off-tract improvements
by the applicant, the portion contributed by the Borough shall be
subject to possible certification and assessment as a local improvement
against benefiting property owners in the manner provided by law,
if applicable.
J.
Design standards. Should the applicant and the Borough enter into
a contract for the construction and erection of the off-site or off-tract
improvements to be done by the applicant, it shall observe all requirements
and principles of the site plan and other ordinances in the design
of such improvements.
