There is hereby created a Site Plan Review Advisory Board, pursuant to N.J.S.A. 40-55D-39f, for the purpose of reviewing site plan applications and making recommendations to the Planning Board and Board of Adjustment in regard thereto.
(a) Members; qualifications. The Advisory Board shall consist of nine (9) members. Each member thereof shall be specially qualified by reason of training or experience in architecture, engineering, land development, municipal planning, real estate, landscape architecture or other relevant profession or business, or by reason of civic interest and proven ability to determine the effects of a development upon the standards set forth in this chapter. At least two (2) regular members shall be registered architects, and at least two (2) regular members shall be professional engineers.
(b) Alternate members. The Advisory Board may also include two (2) alternate members, who shall serve in rotation during the absence or disqualification of any regular member or members but shall be appointed for two-year terms. Alternate members shall have the same qualifications as regular members and, while serving, shall have the same authority, responsibilities and duties as regular members.
(c) Appointment, term Regular members of the Advisory Board shall be appointed by the Mayor. without compensation, for three-year terms; provided, however, that the initial appointments shall be for three (3) years [three (3) persons] two (2) years [three (3) persons] and one (1) year [three (3) persons]. so as to create three (3) vacancies in each year.
(d) Offices, staff. Two (2) regular members shall be elected by the Advisory Board, including alternate members, to serve as Chairman and Vice Chairman, respectively. During the absence, disability or disqualification of the Chairman, the Vice Chairman shall exercise or perform all the duties and be subject to all the responsibilities of the Chairman. In the absence of the Chairman and Vice Chairman, the remaining members shall select an Acting Chairman. Said election shall take place at the first meeting of the Advisory Board in each calendar year.
A township employee, appointed by the Township Manager, shall act as Secretary of the Advisory Board and shall serve at the pleasure of the Manager but shall have no vote. One (1) regular member of the Advisory Board shall be a member of the Planning Board, who shall be entitled to vote as a member of both boards.
(e) Rules of procedure, A quorum shall consist of three (3) members, at least one (1) of whom shall be a registered architect or professional engineer. The concurrence of a majority of the members of the Board present and voting shall be necessary to determine any question before the Board.
The advisory board shall hold at least two (2) regular meetings each month, unless there is no public business pending. The deliberations and proceedings of the advisory board shall be public. The advisory board shall keep minutes of its proceedings, and such minutes shall be public records. The advisory board may adopt and amend rules to govern the conduct of its business, consistent with the provisions of this chapter.
(f) Standards of conduct. No member of the advisory board shall be permitted to act on any matter in which the member has, either directly or indirectly, any personal or financial interest. The provisions of the code of ethics, Chapter 2, Section 2-146 et seq., shall apply. (Ord. No. 1811, § 17; Ord. No, 1859, 5-27-1980, § 3.)
(a) Application of requirements. Except as provided herein, no building permit shall be issued for a building, structure or use, or any enlargement, expansion or change of use, and no business sign permit or certificate of use shall be issued, unless site plan approval is obtained.
No certificate of occupancy or certificate of continued occupancy shall be issued unless the development is complete and it conforms to the site plan as approved.
(b) When site plan approval required.
(1) Site plan review shall not be required for individual lot applications for detached buildings with one or two dwelling units or, subject to Subsection (b)(3) hereof, for uses or installations accessory thereto, such as a private garage, tennis court, toolhouse, private greenhouse or swimming pool.
(2) Site plan approval shall not be required if it involves either:
a. Minor repairs to the interior of a building which do not involve structural change or enlargement of the building, as determined by the Zoning Officer, or
b. Renovations or alterations to the exterior design of a building or structure which do not involve any enlargement of the building or major structural change, as determined by the Zoning Officer; or
c. Business signs which conform to the business sign design standards set forth in Section 33-38(c) hereof, as determined by the Zoning Officer.
(3) Except with respect to individual lot applications for detached one- or two-dwelling-unit buildings, the Zoning Officer may refer any application for a building permit to the approving authority for site plan approval, where in the judgment of the Zoning Officer the construction, reconstruction, alteration or change of use may substantially affect water supply, sewage disposal, drainage, natural terrain and vegetation, light and air and vehicular and pedestrian traffic and circulation.
(4) Any determination by the Zoning Officer that site plan approval is not required shall be set forth in writing by the Zoning Officer, with copies of said letters filed with the applicant and administrative officer.
(1) Submission; time limitations. An application for site plan review shall be submitted to the secretary of the approving authority on forms supplied by the approving authority, the required fee and such other information as the rules and regulations of the approving authority shall require, not inconsistent herewith. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes only. If architectural plans are required to be submitted, preliminary plans and elevations shall be sufficient at this stage. If an application for development is found to be incomplete, the applicant shall be notified thereof within 45 days of the submission of such application or it shall be deemed to be properly submitted.
If the approving authority requires any substantial amendment in the layout of improvements proposed by the developer, which improvements have already been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The approving authority shall, if the proposed development complies with the design standards of this chapter, grant preliminary site plan approval.
The approving authority shall accept simultaneous applications for preliminary and final site plan approval where so requested by the applicant, provided that all of the conditions, requirements and safeguards established for preliminary and final site plan approval are adhered to.
(2) Contents of site plan. The site plan shall be drawn under seal by a registered architect and/or professional engineer to a scale of not less than one inch equals fifty feet, unless the advisory board requires a smaller scale. It shall also bear the signature and seal of a licensed Land surveyor as to the topographic and boundary survey data, be based upon tax map information or some other similarly accurate base and include the following information, unless waived by the advisory board as not being necessary or relevant to the particular application:
a. A title block in the lower right-hand corner of the plan the name and address of the record owner; the block and lot number of the site; the title of the development; and the name, address, license number and seal of the person preparing the plan.
b. A date block, adjacent to the title block, containing the date of preparation. All subsequent revisions shall be noted and dated.
c. A key map, showing the location of the tract with reference to surrounding am and edging street intersections within one thousand fed of the boundaries of the subject premises.
d. A graphic representation of the scale and a north arrow. All distances and dimensions shall be in feet and decimals of a foot and all bearings shall be done to the nearest ten seconds .
e. The block and lot numbers of A properties within two hundred fed of the subject premises, as shown on the current township tax records.
f. Zone district boundaries. if any. within two hundred feet. Such features may be shown on a separate map or as a key on the detail map itself.
g. Survey data -showing boundaries of the property, building and setback lines and lines of existing and proposed greets, lots, reservations. easements and mm dedicated to public use, including grants, restrictions and rights-of-way. All distances am measured along the right-of-way lines of existing streets abutting the property to the nearest intersection with any other street.
h. Location plans and elevations of edging buildings which shall remain and other edging structures, such as walls. fences, Culverts and bridges, with spot elevations of such structures. Structures to be removed shall be indicated by dashed lines; Structures to remain shall be indicated by solid lines.
i. Location plans and elevations of proposed buildings and other structures, building and setback lines, building heights in feet and stories and lot coverage calculations.
j. Location, height, dimension and details of all signs either freestanding or affixed to a building. where signs an not to be provided, a notation to that effect shall be indicated an the site plan
k. Storm drainage structures, soil erosion and sediment control devices and utility km. whether publicity or privately Owned, with pipe sizes grades and direction of flow, and if any the proposed location of
l. Existing and proposed contours, referred to United States Coast and Geodetic survey datum, with a contour interval of one foot for slopes of three percent or less, an interval of two feet for slopes of more than three percent but less than fifteen and an interval of five feet for slopes of fifteen percent or more. Existing contours as to be indicated by dashed lines, and proposed contours are to be indicated by solid lines.
m. Existing rock outcrops, high points, depressions, ponds. marshes, wooded areas and other seating features, including previously good elevations of water. courses where available, ponds and marsh areas.
n. Proposed streets with profiles indication grading, and cross sections showing width of roadway, location and width of sidewalks where required and location and size of utility lines.
o. Proposed on or uses of land and buildings; ; floor space of all buildings and estimated number of employees. housing units or other capacity If the precise us of the building is unknown at the time of application, an amended plan showing the proposed use shall be required prior to issuance of a certificate of occupancy.
p. All means of vehicular ingress and agress to and from the site onto public Or private streets. showing the sin and location of driveways and curb cuts, including the possible organization of traffic channels, acceleration and deceleration lanes, additional width and other traffic controls which may be required improvements such as roads, curbs, sidewalks and other "Sign detail shall be indicated. including dimensions of parking stalls, access aisles, curb radii and direction of traffic flow.
q. Location and design of any off-street parking areas or loading areas showing size and location of bays, aisles and barriers.
r. Location of all proposed water lines, valves and hydrants and all sewer lines or alternative means of water supply or sewage disposal and treatment.
s. Proposed location, direction of illumination, power and time of proposed outdoor lighting, type of standards to be employed, radius of light and intensity in foot-candles.
t. Proposed screening, landscaping and planting plan, indicating natural vegetation to remain and type of vegetation to be utilized. All trees which are to be removed as the result of the construction of proposed buildings and other structures on site shall be clearly designated. The applicant shall certify the necessity of the removal of the so-designated trees and why alternative locations for construction of proposed buildings and other structures are not feasible on site. Every tree at least five (5) inches in caliper shall be specifically and clearly identified.
u. A table indicating in the left-hand column the following zoning ordinance requirements and in the right-hand column the proposed development of these criteria:
1. Minimum lot area.
2. Minimum lot width.
3. Minimum lot depth.
4. Maximum building or structure height, in feet and stories.
5. Floor area or other volume measure of building.
6. Minimum front yard.
7. Minimum side yard(s).
8. Minimum rear yard.
10. Dimensions of buffer areas.
11. Number of off-street parking spaces.
12. Distance to nearest residential zone district line, if the subject property is not in the R-S zone.
13. Number of employees to occupy buildings.
(3) Referral to advisory board. Except with respect to exterior business signs, the Zoning Officer shall forward the site plan to the advisory board, whether the approving authority is the Planning Board or Board of Adjustment. Exterior business sign applications shall bypass the advisory board and be reviewed directly by the approving authority. Within its jurisdiction, the advisory board shall review all drawings, plans and specifications submitted and report thereon to the approving authority within thirty (30) days of receipt of a complete application and site plan for a development involving ten (10) acres of land or less or within sixty (60) days of receipt of a complete application and site plan for a development involving more than ten (10) acres. The foregoing time limitations may be extended with the consent of the applicant.
The approving authority shall have authority to proceed on a preliminary site plan application in the absence of an advisory board report if the approving authority lands such recommendations to be not essential to its determination or if the above time period for advisory board action is about to expire without the applicant consenting to an extension of time. The recommendations of the advisory board are not landing upon the approving authority and may be followed or not followed, in whole or in part, by the approving authority, as it deems appropriate.
Upon receipt of the site plan, the advisory board shall distribute copies to the Environmental Commission, the Township Engineer and such other township boards, agencies and personnel as the advisory board may direct. The applicant may be required to furnish an environmental impact statement if the conditions of Section 33-19 hereof are applicable. Such persons, agencies and boards shall make recommendations in writing directly to the approving authority within fifteen (15) days of receipt of the request for an advisory report. The approving authority shall have authority to proceed in the absence of such recommendations if it lands such recommendations to be not essential to its determination or if the statutory time limitation for approving authority action, as hereinafter set forth, is about to expire without the applicant consenting to an extension of time.
(4) Time limitation for approving authority action. Upon submission of a complete application (as ultimately determined by the approving authority) for a site plan for ten (10) acres of land or less, the approving authority shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the applicant. Upon the submission of a complete application for a site plan of more than ten (10) acres, the approving authority shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the applicant. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the site plan.
(5) Hearing. Upon submission of a complete application and site plan, a public hearing shall be hold in accordance with Chapter 2 of the Code and N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-12. Public notice in accordance with N.J.S.A. 40:55D-12 shall be required if the development is, in whole or in part. for a or quasi-public use (such as a hospital or university expansion) or for more than three residential units; provided, however. that site plan reviews limited to business signs. repaving of existing off-street parking area or improvements to business facades shall not require public notice.
(6) County planning board review. Whenever review and/or approval of the application by the county planning board is required by N.J.S.A. 40:27-6.6, approval herein shall be conditional only, subject to timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.
(7) Power to grant exceptions approving authority shall have the power to Smut such exceptions from the requirements of site plan approval as may be reasonable and within the general purpose and intent of this chapter. If the literal enforcement of one
or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
(8) Appeal. An appeal may be taken by any interested party to the township council from any preliminary aft plan approval. conditional approval or disapproval, provided that such appeal is
taken in accordance with N.J.S.A. 40:55D-17.
(9) Effect of preliminary approval.
a. Preliminary approval of a site plan shall, except as provided in subsection (c)(9)b of this section. confer upon the applicant the following rights for a three-yew period from the date of the 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 sin; and yard dimensions and off-tract improvements, except that nothing herein shall be Construed to prevent the governing body from modifying by ordinance such general term and conditions of preliminary approval as 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 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 design standards have been revised by ordinance. such revised standards may govern.
b. In the ewe of a site plan of an area of fifty acres or more, the approving authority may grant the rights referred to in subsection (c)(9)al, 2 and 3 above, for such period of time. longer than three years,, as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential door area permissible under
preliminary approval. economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the approving authority may thereafter grant an extension to preliminary approval for such additional period, of time as shall be determined by the approving authority 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 provided that if the design standards have been revised such, revised standards way govern. Failure to obtain final approval within the prescribed time limits as herein defined shall void-the preliminary site plan approval.
(d) Final approval.
(1) Application; advisory reports. On or before the ex. prawn data Of preliminary approval or any extension thereof, the developer shell submit to the secretary of the approving authority a land site plan application, together with copies of the site plan previously approved and such other information as the rules and regulations of the approving authority shall require, not in. consistent herewith.
Upon receipts the secretary of the approving authority shell distribute notice of the filing of said application to the township engineer, the construction official and sub township boards, agenda and personnel a the approving authority way direct. Such person, agenda and boards shall make recommendations in writing to the approving authority within fifteen days of the receipt of the request for an advisory
The township engineer and the approving authority's attorney shall advise the approving authority of the following.
a. Any departures in actual construction from preliminary approvals.
b. The nature of the improvements to be required as a condition of final approval
c. The estimated value of the improvements installed or to be installed
d. The nature and amount of performance guaranties, if any to be required as a condition of final approval.
e. The provisions of open space reservation or dedication and the standards for open space organizations.
f. The effects, if any, of valuation assessment and taxation of the Farmland Assessment Act.
g. The findings and compliance of all provisions under planned development.
h. The amounts to be deposited, if any, to reimburse the approving authority and township for costs incurred or to be incurred for legal, engineering, planning and other professional services, for recording few and for any other costs anticipated by the approving authority.
i. Any Other conditions Upon which final approval should be granted or conditioned.
(2) Time limitations Final Approval shall be granted or denied within forty-five days After submission of a complete final site plan application to the secretary of the approving authority. Or within such further time an may be consented to by the applicant . Failure of the approving authority to aft within the period prescribed shall constitute final site plan approval, and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant.
(3) Developer's responsibilities. The developer may be required to submit the following as a condition precedent to final site plan approval, including an approval gained by default under the time limitations imposed by statute:
a. A developer's agreement, prepared by the approving authority's attorney, setting forth the obligations of the applicant in connection with final approval.
b. Performance guaranties in a form satisfactory to the approving authority and township complying with section 33-21 of this chapter and guaranteeing performance of the developer's agreement.
c. maintenance guaranties for work completed prior to final approval.
d. Deeds for any easements, rights-of-way or public lands in a form satisfactory to the approving authority and township attorney.
e. Evidence of compliance with other conditions imposed by the approving authority.
f. Proof of payment of taxes and assessments.
g. Payment of fees, charges and deposits (for monuments, sewer abeyance, etc.) or reimbursements to the approving authority and township for costs incurred or to be incurred for legal, engineering, planning, and other departmental or consultant services, for recording fees and for any other costs anticipated by the approving authority.
(4) Hearing. Upon submission of a complete application for final Site plan Approval, a public hearing shall be held in accordance with Chapter 2 of the Code and N.J.S.A. 40:55D-10, 40:65D-11 and 40:55D-12.
Public notice in accordance with N.J.S.A. 40:55D-12 shall be required if the development is, in whole or in part, for a commercial use or for more than three residential units; provided, however, that site plan reviews limited to business signs, repaving of existing off-street parking areas or improvements to business facades shall not require public notice.
(5) Appeal. An appeal may be taken by any interested party to the township council from any final site plan approval. conditional approval or disapproval, provided that such appeal is taken in Accordance with N.J.S.A. 40:55D. 17.
(6) Effect of final approval. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to law, whether conditional or otherwise, shall not be changed for a period of two (2) years after the date of final approval, provided that final approval and the rights conferred by this section shall expire if the developer fails to secure a building permit to commence construction within two (2) years of the date of final approval and said permit is not revoked.
In the case of a site plan for a planned development of fifty (50) or more acres, the approving authority may extend the rights granted under final approval as shall be determined by the approving authority to be a reasonable term, taking into consideration the number of dwelling units and nonresidential floor area, economic conditions and the comprehensiveness of the development.
The approving authority may, as a condition of final approval:
a. Grant final approval for designated geographic sections of the development.
b. Grant final approval for certain work but require resubmission for final approval of designated elements, such as but not limited to landscaping, signs and artificial lighting, requiring approval of these elements as a condition precedent to the issuance of a certificate of occupancy. If a landscape plan is required for resubmission, no removal of trees or other natural vegetation (except grass-cutting and weed-pruning) shall be permitted until final approval of the landscape plan, unless the approving authority specifically permits any such removal.
c. Condition the granting of a certificate of occupancy upon the applicant or developer or subsequent assignees meeting certain requirements within a designated period of time from the date of issuance of the certificate of occupancy. This may include but is not limited to the installation of improvements on tract and off tract.
(e) Effect of site plan approval. All premises shall be maintained and landscaped in accordance with all of the landings and resolutions of the Township Planning Board, Board of Adjustment and all other township boards, departments and agencies. Landscaping, fencing, shrubbery and all other ancillary requirements in site plan approvals shall be maintained on a permanent basis or until a new site plan is approved. (Ord. No. 1811, § 18; Ord. No. 1859, 5-27-1980, § 4; Ord. No. 3267, 6-26-1990, § 1; Ord. No. 3381, 12-21-1993, § 1; Ord. No. 3475, 10-8-1996, § 1; Ord. No. 3479, 10-22-1996, § 1.)
