Barnegat City Zoning Code
ARTICLE VI
Site Plan Regulations
§ 55-140 PURPOSE.
A.
The purpose of this Article is to provide guidelines, rules, regulations and standards for site plan review in the Township in order to promote its public health, safety, convenience and general welfare. It shall be administered by the Planning Board, except as set forth in § 55-243 of this chapter, to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provisions for circulation, utilities and services.
B.
The rules, regulations and standards set forth shall be considered to be the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township.
§ 55-141 APPLICATIONS REQUIRING SITE PLAN APPROVAL.
[Amended 10-17-88 by Ord. No. 1988-37; 6-7-93 by Ord. No. 1993-21; 3-20-95 by Ord. No. 1995-15 § 6; 8-5-96 by Ord. No. 1996-27 § 6; Ord. No. 1996-28 § 6]
No building permit or zoning permit shall be issued for any new structure or for an addition or alteration to an existing structure, and no certificate of occupancy shall be issued for any change of use, unless a final major site plan or minor site plan as enumerated in § 55-154 of this chapter shall have first been approved by the Planning Board or Board of Adjustment in conjunction with the processing of a use variance as set forth in § 55-243 of this chapter, in accordance with the terms of this chapter and the Municipal Land Use Law, except that:
A.
A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) or uses on a lot shall not require site plan approval. Any existing or proposed principal or accessory building for a home occupation or home professional office, as defined and permitted by this chapter, shall be reviewed and approved by the Zoning Officer. The foregoing shall in no way affect the responsibility of an applicant to submit the necessary information and receive the necessary approvals as may be required pursuant to other ordinances, outside agencies and applicable state statutes.
[Amended 5-7-2019 by Ord. No. 2019-9]
B.
The Site Plan Review Subcommittee may recommend to the full Planning Board, or Board of Adjustment if applicable, to take a vote to waive the requirement for site plan approval where there is a change in use or occupancy and no extensive construction or improvement is sought. However, it may be granted only upon determination by the Site Plan Review Subcommittee that the use shall not affect existing drainage, circulation, relationship with buildings to each other, landscaping, buffering, lighting, and other considerations of site plan approval and that the existing facilities do not require upgraded or additional on-site improvements. The application for a waiver of site plan shall include information and documentation of the prior use of the site, the proposed use and its impact. Pursuant to N.J.S.A. 40:55D-46.1, an application for waiver of site plan may not require, in the discretion of the Board, a public hearing. Notwithstanding, public notice and publication shall be required as provided herein.
C.
The Zoning Officer may approve any change of use from one permitted category of nonresidential use to another permitted category of nonresidential use from site plan approval requirements if:
[Amended 5-7-2019 by Ord. No. 2019-9]
D.
The Site Plan Review Subcommittee, taking under advice the recommendations of the Chairperson of the Historic Preservation Commission, may waive or exempt the requirement for site plan review and approval in the case of a referral by the Administrative Officer of a minor application for the issuance of a permit pertaining to historic sites or property in the Barnegat Historic District pursuant to N.J.S.A. 40:55D-111. Minor applications include normal repairs and replacements which, in the discretion of the Subcommittee, do not seriously impair the historic value and character of the surrounding area and are made in the spirit of the building's original architectural style.
E.
Fences not included as part of a site plan application shall not require site plan approval but shall require the issuance of a fence permit by the Zoning Officer.
F.
Signs not included as part of a site plan application shall not require site plan approval except that signs exceeding the maximum size permitted pursuant to § 55-182 shall require minor site plan review and approval.
G.
For any change of use application that is made for a substantially similar use as determined by the Zoning Officer, no site plan approval and/or review by the Site Plan Review Subcommittee shall be required.
[Added 5-7-2019 by Ord. No. 2019-9]
§ 55-142 PRELIMINARY SITE PLAN PROCEDURE.
A.
Fifteen (15) black-on-white prints of the preliminary site plan and five (5) sets of preliminary architectural drawings and elevations, together with six (6) completed application forms for preliminary site plan approval and the fees as required in Article III of this chapter, shall be submitted to the administrative officer.
B.
The preliminary site plans and documentation shall contain all of the information required under § 55-108 of this Article, shall be presented in tentative form for discussion and shall be signed and sealed by an engineer or surveyor licensed by the State of New Jersey. The general design standards and criteria as set forth in § 55-111 of this Article shall be observed. Said submission shall be of sufficient detail so that the municipal agency may make an informed decision upon the development application.
C.
After determination that a complete application has been submitted, the Board Secretary shall forward copies of the preliminary site plan to the Township Engineer, the Ocean County Soil Conservation District, the Construction Code Official, the Township Board of Health, the Township Shade Tree Commission, the Township Board of Assessors, the Township Police Department, the Township Zoning Officer and such other municipal, county or State officials or agencies as may be necessary for their review and recommendations to the municipal agency. The documentation shall be forwarded by the Board Secretary forthwith upon the filing of the application and documentation. Each municipal recipient of the documentation distributed in accordance with this provision shall provide written report and recommendations to the Board prior to the hearing date. In addition to the written reports herein called for, any municipal commission, board, body or official shall have the right to appear at the hearing and give testimony and produce evidence in support of its report and recommendations. If any municipal board or body does not submit a written report prior to the date fixed for the hearing, the Board shall assume that the municipal board, body or official has no recommendations and no objections to the proposed site plan. In considering the application and making determination following the hearing, the Planning Board shall give due consideration to the report and recommendations of any municipal board, body or official, as herein provided.
§ 55-143 ACTION ON PRELIMINARY MAJOR SITE PLAN.
The municipal agency shall act on the preliminary site plan within the time prescribed in § 55-90 of this chapter. As part of this action, the municipal agency shall determine if a performance guaranty will be ultimately required prior to final site plan approval. If the municipal agency acts favorably on a preliminary site plan, with or without conditions, a notation to that effect shall be made on the plan, and it shall be returned to the developer for compliance with final approval requirements. If the municipal agency disapproves a preliminary site plan, the reason for such action shall be noted on the plan and returned to the developer.
§ 55-144 RIGHTS CONFERRED BY PRELIMINARY SITE PLAN APPROVAL.
The rights conferred by preliminary site plan approval shall be the same as those set forth in § 55-108 of this chapter.
§ 55-145 FINAL MAJOR SITE PLAN PROCEDURE.
[Amended 9-6-83 by Ord. No. 1983-20]
A.
Six (6) black-on-white prints of the final site plan, drawn to the specifications pursuant to § 55-148 of this Article together with all necessary documentation, six (6) completed application forms for final site plan approval, the fees as required in Article III of this chapter and a performance guaranty, if required, in the amount sufficient to ensure the completion of the improvements required under § 55-123A to C of this chapter, as well as other on-site improvements and landscaping, shall be submitted to the administrative officer.
B.
Application for final site plan shall also be accompanied by a fee by certified check payable to the Township of Barnegat totaling six percent (6%) of the Township Engineer's estimated cost of bonded site improvements. Said fee shall be set aside in an escrow account to be drawn upon to cover the cost of inspection of the construction, the balance of which shall be returned to the applicant.
§ 55-146 ACTION ON FINAL MAJOR SITE PLAN.
After determination that a complete application has been submitted, the municipal agency shall act on the final site plan within the time prescribed in § 55-90 of this chapter. Prior to an action being taken, however, a certification by the Township Engineer and Attorney shall be received by the municipal agency stating that the performance guaranty, if required, has been approved as to form and amount to assure completion of all required improvements. If the municipal agency acts favorably on a final site plan, with or without conditions, a notation to that effect shall be made on the plan, and it shall be returned to the developer.
§ 55-147 RIGHTS CONFERRED BY MAJOR SITE PLAN APPROVAL.
The following rights shall be conferred upon the developer for a period of two (2) years after the date of final major site plan approval: The zoning requirements applicable to the preliminary site plan approval first granted and all other rights conferred upon the developer pursuant to § 55-108 whether conditionally or otherwise, shall not be changed. If the developer has followed the standards prescribed for final major site plan approval, the municipal agency may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Notwithstanding any other provisions of the Municipal Land Use Law, the granting of final major site plan approval terminates the time period or preliminary site plan approval pursuant to § 55-108 of this chapter for the section granted final major site plan approval.
§ 55-148 MAJOR SITE PLAN DETAILS.
[Amended 9-21-87 by Ord. No. 1987-29; 9-21-87 by Res. No. 1987-334]
A.
The site plan shall be clearly and legibly drawn or reproduced at a scale of not less than fifty (50) feet to the inch, on sheets of equal size, and a maximum size of thirty by forty-two (30 x 42) inches. It shall be drawn and sealed by a land surveyor and professional engineer licensed by the State of New Jersey. The site plan shall be designed in compliance with the provisions of this Article and shall contain the following information.
B.
Title Block. The title block shall appear on all sheets and shall include:
(1)
Title of "site plan."
(2)
Name, if any.
(3)
Tax Map sheet, block and lot number(s) of the tract as shown on the latest Township Tax Map.
(4)
Acreage of tract, to the nearest tenth of an acre.
(5)
Date of original and of all revisions.
(6)
Names and addresses of owner and developer, so designated.
(7)
A schedule shall be placed on the map indicating the acreage of the tract, the zone and the minimum required lot areas, setbacks, yards and dimensions.
(8)
Name(s), signature(s), address(es) and license number(s) of the engineer and land surveyor who prepared the map. The plat shall bear the embossed seal of said engineer and land surveyor.
C.
Detailed Information.
(1)
A key map, at a scale of one (1) inch equals one thousand (1,000) feet, showing the location of the tract with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any Township boundary which is within five hundred (500) feet of the site.
(2)
Names of all owners of and property lines of parcels within two hundred (200) feet of the site, including properties across the street, as shown by the most recent records of the Township.
(3)
The plat shall be based on a current, certified boundary survey. Date of the survey and the name of the person making same shall be shown on the map.
(4)
Existing one (1) foot interval contours based on United States Coast and Geodetic Survey datum (MSL-O) shall be shown extending a minimum of one hundred (100) feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that where the slopes exceed five percent (5%), a two (2) foot interval may be used. The source of elevation datum base shall be noted.
(5)
All existing streets, watercourses, floodplains, floodways and flood areas within the proposed site and within two hundred (200) feet of the boundaries thereof, both the width of the paving and the width of the right-of-way of each street, existing public easements and Township borders within two hundred (200) feet of the site.
(6)
All existing structures and an indication of those which are to be destroyed or removed and the front, rear and side yard dimensions of those to remain. Structures to be removed shall be indicated by dashed lines; structures to remain shall be indicated by solid lines.
(7)
The boundaries, nature and extent of wooded areas and other important physical features, including swamps, bogs and ponds, within the proposed site and within two hundred (200) feet thereof.
(8)
All proposed public easements or rights-of-way and the purposes thereof and proposed streets within the proposed site. The proposed streets shall show the right-of-way and proposed pavement width.
(9)
The existing system of drainage of the site and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
(10)
The acreage of the drainage area or areas of each natural or man-made watercourse traversing the site, including the area within the site and the area upstream from the site.
(11)
North arrow; written and graphic scales.
(12)
A copy of any existing or proposed covenants or deed restrictions applying to the site or certification that none exists.
(13)
Utility layouts showing methods of connection and sources of service.
(14)
The proposed location and area, in acres or square feet, of all required or proposed open space areas.
(15)
Such other information or data as may be required by the Board in order to determine that the details of the site plan are in accordance with the standards of the ordinances of the Township and all other general laws.
(16)
On-site grading and drainage plan.
(a)
The plat shall show or be accompanied by a grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention-recharge basins, the scheme of surface drainage and other items pertinent to drainage, including the approximate proposed grading contours at one (1) foot intervals, except that if slopes exceed five percent (5%), a two (2) foot interval may be used.
(b)
The plan shall outline the approximate area contributing to each inlet.
(c)
All proposed drainage shall be shown with pipe type and sizes, invert elevations, grades and direction of flow. The direction of flow of all surface waters and of all watercourses shall be shown.
(d)
The grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth herein.
(17)
Off-site drainage plan. The plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:
(a)
The plan shall consist of an outline of the entire drainage basin in which the property is located. The terminus of the basin and existing ground contours or other basins for determining basin limits shall be shown.
(b)
Pertinent off-site existing drainage, which receives or discharges runoff from or onto the site, shall be shown with elevations of inverts, pipe types and sizes or other appropriate physical data for open or nonpipe conduits.
(18)
Profiles showing all proposed drainage, all existing and proposed finished roadway grades; channel section details, pipe sizes, type, inverts; road crowns and slopes; all other proposed drainage structures and connections.
(19)
Sectionalization and staging plan. The plat shall be accompanied by a sectionalization and staging plan, if applicable, showing the following:
(a)
If the site is proposed to be constructed in sections, the plan shall show each such section. The staging of the various sections shall be such that if development were to be discontinued after the completion of any section the developed portion would be provided with adequate street drainage and utility systems. The size and staging of each section shall be established to promote orderly development and shall be subject to the approval of the Board.
(b)
During construction of the development, the developer shall fully comply with the sectionalization and staging plan in accordance with the preliminary approval. If for any reason the developer does not fully comply with the approved sectionalization and staging plan, no building permits shall be issued until such time as the developer makes application to and receives approval from the Board for a revised staging and sectionalization plan. The Board may modify the plan and pose time restrictions or require the developer to construct the development in accordance with the approved staging and sectionalization plan. The developer shall be required, at the time of filing the revised plan with the Board, to pay a nonrefundable application fee in the amount of three hundred ($300.00) dollars.
(20)
The map must include certification for the signatures of the Chairman, Secretary and the Board Engineer.
(21)
Required documentation:
(a)
Sewerage Authority approval.
(b)
Ocean County Planning Board approval, where required.
(c)
Final site and/or municipal wetlands approval, where required.
(d)
Soil disturbance permit.
(e)
Final site floodplain approval, where required.
(f)
Proof of payment of real estate taxes.
(g)
Evidence of a comprehensive general liability insurance policy in an amount not less than three hundred thousand ($300,000.00) dollars per occurrence, identifying and saving harmless the Township of Barnegat and its agencies, employees and agents from any liability for any acts of the developer or his agents, contractors or employees in the implementing of the approved plan. The developer, at his option, may provide a statement that such evidence will be provided simultaneously with the provision of bonds and fees, but in no event will any signatures be affixed to the final plat until such evidence is provided. The insurance policy shall provide for ten (10) days' notice to the Township prior to cancellation.
(h)
An affidavit setting forth the names and addresses of all the record title owners of the lands proposed to be subdivided by said map and the consent in writing of all such owners to the approval of such map shall accompany the final plat or be shown thereon.
(i)
Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection under the Coastal Area Facility Review Act and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
(j)
Such other submittals as may be required by State or local law. Unless other specific provisions are made in this chapter or by statute, all approvals required of Federal, State, county and local agencies or officials shall be obtained and evidence thereof filed with the Board prior to approval of a final site plan. This shall include, but is not limited to:
(k)
A written description of the proposed operations in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards; in addition, a description of the proposed number of shifts, if shift-work operation is contemplated, together with a projection of the maximum number of employees per shift or, where shift work is not contemplated, then a projection of the proposed hours of operation for commercial use.
(22)
Proposed spot or finished elevations at all property corners, curb, corners of all proposed structures, first-floor elevation of all proposed structures and those to remain, and drainage arrows designating direction of overland drainage flow; and the proposed use or uses of land and all structures.
(23)
Complete construction details for all structures, including but not limited to manholes, inlets, headwalls, yard drains, culverts, bridges and pumping stations.
(24)
Detailed utility layouts and cross sections (sewers, water, gas, electric, telephone, etc.) showing feasible connections to any existing or proposed utility systems; provided, however, that detailed layouts of gas, electric and telephone lines are not required. Layouts shall include proposed location of fire hydrants. If private utilities are proposed, they shall comply with all local, county and State regulations.
(25)
The limits of all areas of proposed cuts and fills, exclusive of excavations for basements, shall be clearly designated.
(26)
The method of sewage and solid waste disposal shall be described, with percolation tests and soil borings to a depth of four (4) feet below the septic facility where septic tanks and leaching fields are proposed.
(27)
The distances measured along the right-of-way line of existing streets abutting the property, to the nearest intersections with other public streets.
(28)
The vehicular circulation pattern on site and the means of ingress and egress of the development, showing, in particular, the size and location of driveways and curb cuts, walkways, the proposed traffic channels, acceleration and deceleration lanes, if any, and any other means of controlling vehicular and pedestrian traffic.
(29)
The location and design of any on-site parking areas or loading areas, showing size and location of spaces, bays, aisles and barriers.
(30)
The location, direction and illumination, height, intensity and hours of operation of the existing or proposed outdoor lighting, to be expressed in average horizontal footcandles.
(31)
The location, size, type and height of directional, regulatory or advisory signs or pavement markings.
(32)
The location and use of existing structures within one hundred (100) feet of the tract boundaries.
(33)
The location, size and type of existing natural features, including trees and shrubs. The location, size and type of proposed landscaping improvements, including seeded or sodded areas, planting areas of trees and shrubs and natural features to be preserved.
(34)
The location of driveways within one hundred (100) feet of the site boundaries.
(35)
The location and type of garbage and refuse disposal facilities.
(36)
Soil erosion and sedimentation control plans shall be submitted pursuant to P.L. 1975, c. 251, the Soil Erosion and Sedimentation Control Act.
(37)
Preliminary architectural plans and elevations shall accompany the site plan submission.
(38)
Locations and type of the nearest and/or proposed fire hydrants and sprinkler connections.
(39)
Sight triangles shall be provided and shown on the plat as required by this chapter.
D.
The Board may waive any of the requirements of this Article or details specified to be shown on the site plan in any given application if the Board determines that strict adherence to said requirements or details would be superfluous or unduly burdensome to the applicant and not in the best interest of the Township. The Board, in its discretion, may permit an applicant to use alternative types of improvements where good cause is shown and where the proposed type of improvement would at least be the equivalent of the improvement standards in this chapter.
E.
Environmental Review.
[Added 9-21-87 by Ord. No. 1987-14; Ord. No. 1987-29; Amended 9-21-87 by Res. No. 1987-334]
(1)
Composite Environmental Constraints map at same scale as the preliminary plat or site plan. The applicant shall, utilizing map sources, present a plan indicating:
(2)
An Environmental Impact Statement containing data reflecting:
(a)
A statement describing and explaining the impact and effect of proposed subdivision or site plan upon the ecological systems and environment of Barnegat Township's land and waters giving consideration to the applicable natural processes and social values of:
[1]
Geology;
[2]
Aquifers;
[3]
Hydrology;
[4]
Depth of seasonal high water table;
[5]
Storm water runoff;
[6]
Soils;
[7]
Potential soil loss;
[8]
Soil nutrient retention;
[9]
Vegetation;
[10]
Wetland and coastal vegetation;
[11]
Recreation value of vegetation;
[12]
Historic value;
[13]
Scenic features;
[14]
Wildlife - high value areas;
[15]
Wildlife - rare and beneficial species;
[16]
Water quality;
[17]
Air quality.
(b)
Specific plans proposed by the subdivider or developer to alter, preserve, or enhance and mitigate or minimize adverse impacts on the natural resources and natural features of the land within the proposed subdivision or site.
(3)
Test boring, percolation rates, water levels and ground water samples shall be submitted by a licensed engineer in accordance with the following standards:
(a)
To a 2-acre site: 1 test hole
(b)
2-acre site: 3 test holes
(c)
3-acre site: 6 test holes
(d)
5-10 acre site: 8 test holes
(e)
11-40 acre site: 10 test holes
(f)
41-100 acre site: 16 test holes
(g)
Over 100 acre site: 20 test holes
These borings shall be distributed over the tract to adequately represent site conditions and shall be to a minimum depth of ten (10) feet.
§ 55-149 IMPROVEMENTS.
A.
As a condition of major site plan approval, the municipal approval may require that the developer install certain improvements on site or on tract, consistent with § 55-111 of this Article, to ensure:
(1)
Adequate vehicular and pedestrian circulation to accommodate prospective traffic into and out of and within the site.
(2)
Adequate off-street parking and loading areas.
(3)
Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants.
(4)
Adequate landscaping and any screening necessary to protect adjoining uses.
§ 55-150 PERFORMANCE GUARANTY.
[Amended 10-7-85 by Ord. No. 1985-26]
The furnishing, amount, time period and method of release of any performance guaranty shall follow the procedures as set forth in § 55-83 of this chapter, except that the Township Committee may waive the requirement for holding a public hearing on the release of the performance guaranty if it so desires.
A.
The developer shall have the option of submitting an Irrevocable Letter of Credit drawn upon a banking institution licensed to do business within the State of New Jersey and acceptable to the Township. Said Irrevocable Letter of Credit shall be in favor of the Township and shall contain a clause indicating that the issuing institution shall notify the Township of Barnegat by serving the Township Clerk and the Township Engineer by certified mail, return receipt requested, a minimum of thirty (30) days prior to the expiration of said Irrevocable Letter of Credit
§ 55-151 DESIGN STANDARDS.
[Amended 12-16-96 by Ord. No. 1996-60 § 30]
The preparation of all major site plans shall adhere to all applicable design standards outlined in §§ 55-126 through 55-126.17 and the following design criteria and principles:
A.
Traffic Circulation. The site plan shall provide a safe and efficient circulation system for the movement of vehicles and pedestrians off-site and on-tract.
B.
Access Driveways.
(1)
All entrance and exit driveways shall be located so as to afford maximum safety and minimum disruption of traffic on the street.
(2)
The dimensions of entrance and exit driveways and internal roads shall be adequate to accommodate the volume and character of vehicles anticipated to be using the site. The required dimensions for driveways and interior roads shall be as follows:
(3)
Driveways serving a development having fifty (50) or fewer parking spaces may use a one-and-one half (1 1/2) inch-high depressed curb and concrete apron driveway and concrete walk. Those having more than fifty (50) parking spaces, however, shall use curb returns of not less than fifteen (15) foot radii.
(4)
Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.
(5)
Driveway grades shall adhere to the following: three-fourths percent (3/4%) minimum to ten percent (10%) maximum. A maximum slope of two percent (2%) for the first twenty (20) feet from the street line shall be maintained.
(6)
Curb cuts to a public street shall not be closer than one hundred (100) feet to the street line of an intersecting street.
(7)
The number of permitted driveways provided from a site shall be related to the type of street and traffic volume thereon and the number and location of other access points therefrom.
(8)
Driveway pavement serving light-duty traffic shall be constructed of two (2) inches FABC surface course.
(9)
Driveways for residential and commercial site plans are to be curbed on both sides.
[Amended 7-5-2022 by Ord. No. 2022-17]
(10)
(11)
Driveway pavement serving heavy duty traffic or providing access to active short-term parking facility shall be constructed of three (3) inches bituminous stabilized base coarse and one and a half (1 ½) inches of FABC surface coarse.
[Amended 7-5-2022 by Ord. No. 2022-17]
(12)
All pavement areas shall be constructed with a six (6) inch-thick, Type 2, Class A or B gravel subbase in addition to bituminous stabilized base course and FABC surface course as specified.
(13)
In parking lots having a capacity of more than one hundred (100) cars, a main access drive shall be provided from points of ingress and egress. No parking shall be permitted on the main access drive, nor shall it serve as an access aisle to adjacent parking spaces.
(14)
All access drives shall provide a minimum turning radius of thirty (30) feet.
C.
Off-street Parking and Loading Areas.
(1)
The number and size of all parking and loading spaces shall meet the requirements of the zoning regulations.
(2)
Any off-street loading spaces shall have a minimum width of ten (10) feet, a minimum length of forty-five (45) feet and a minimum height clearance of fifteen (15) feet.
(3)
Ingress and egress to a parking or loading area shall be paved and shall include turning areas to assure ease of mobility, ample clearance, safety of vehicles and pedestrians.
(4)
Parking areas serving light-duty traffic shall be constructed of two (2) inches of FABC surface course.
(5)
Parking areas serving heavy-duty traffic including active short-term parking facilities shall be constructed of two (2) inches bituminous stabilized base course and one and one-half (1 1/2) inches of FABC surface course.
(6)
All pavement areas shall be constructed with a six (6) inch-thick Type 2, Class A or B gravel subbase in addition to bituminous stabilized base course and FABC surface course as specified.
(7)
A parking area shall be illuminated if used after sunset, and such illumination shall provide a minimum of five-tenths (0.5) lumen per square foot throughout the area and shall be shielded from adjoining streets or properties.
(8)
Off-street parking and loading areas shall be designed to prevent the maneuvering of vehicles into or out of parking or loading spaces within any portion of any street.
(9)
Parking dimensions shall meet the following standards. Each dead-storage bay of an off-street parking space may be perpendicular to the aisle, parallel to the aisle or at any angle between sixty (60°) degrees and ninety (90°) degrees. No angle-parking layout shall be permitted with an angle less than sixty (60°) degrees. The following are minimum stall and aisle dimensions
Parking Angle | Aisles (feet) | Bay Widths, Parking Both Sides (feet) | Bay Widths, Parking One Side (feet) | Stall Dimensions (feet) |
|---|---|---|---|---|
90° | 24 | 64 | 44 | 9 x 20 |
60° | 18 | 58 | 38 | 9 x 20 |
Parallel: | ||||
One-way operation | 12 | 31 | 21 | 9 x 23 |
Two-way operation | 24 | 42 | 33 | 9 x 23 |
(10)
Parking or loading space stripes shall be four (4) inches wide, using white reflective paint. Hatch lines shall be on an angle of forty-five (45°) degrees and shall consist of stripes four (4) inches wide, using yellow reflective paint two (2) feet on center.
(11)
All parking or loading areas are to be curbed.
(12)
No paved area shall be closer to any property line than six (6) feet unless otherwise prohibited in this chapter.
(13)
Maximum grade permitted in parking areas shall be six percent (6%). Minimum grade permitted in parking areas shall be three-fourths percent (3/4%).
(14)
Location of parking. Where parking is permitted between the front building line and the street line, a safety island or raised median separating the public street from the parking area shall be provided in accordance with the following minimum requirements:
(a)
The width of the safety island shall be that width between the proposed street curbline and a point five (5) feet inside the property line. When this width is less than fifteen (15) feet, the parking area shall be reduced to provide a minimum width for the safety island of fifteen (15) feet. All required tree and shrub plantings shall be planted on the on-site portion of the safety island.
(b)
Safety islands shall be raised a minimum of six (6) inches above the adjacent parking area.
(c)
Safety islands shall be topsoiled and seeded or otherwise landscaped, except that they may, in the alternative, be constructed of maintenance-free materials which provide a clear and unmistakable distinction between the parking area and the safety island.
(d)
No commercial signs, light standards or other aboveground obstructions other than plantings shall be permitted in the safety islands.
(15)
Small parking areas. Parking lots having ten (10) or fewer spaces shall comply with all applicable requirements of this chapter and shall also be bordered by a five (5) foot unbroken, landscaped dividing strip along all side property lines from the street line to the rear lot line, unless the Board for good cause shall waive such requirements.
(16)
Intermediate-size parking areas. Parking areas having more than ten (10) spaces but less than fifty-one (51) spaces shall be designed to fulfill the following minimum requirements:
(a)
A safety island or raised median shall be provided as herein described.
(b)
A five (5) foot unbroken, landscaped dividing strip shall be provided along all side property lines from the street line to the rear lot line, unless otherwise specified herein.
(c)
Not more than one (1) two-way access driveway or two (2) one-way access driveways shall be provided on any one (1) street unless approval otherwise is obtained from the body, agency or official having jurisdiction over the plan.
(17)
Large parking areas. Parking lots which have a capacity for parking more than fifty (50) vehicles shall incorporate the following minimum design standards:
(a)
No parking stalls which shall require the use of the entrance and exit driveways as access aisles shall be permitted.
(b)
All access driveways located along one-way streets or divided highways shall be separate one-way driveways. Said driveways shall be located so that vehicles enter the parking area at the beginning of the property and exit at the far end of the property unless other considerations, such as median opening, dictate otherwise.
(c)
All directional (one-way) driveways shall be marked by appropriate signs facing all peripheral service roads serving the property as well as the parking areas.
(d)
No driveway shall be located within less than thirty (30) feet of an existing drive.
(e)
A ten (10) foot unbroken landscaped dividing strip shall be provided along all side property lines from the street line to the rear lot line unless otherwise specified herein.
D.
Drainage.
(1)
Provision shall be made for safe and adequate drainage of the surface runoff waters in and from the premises so that flooding and erosion of the property and the property of others will be prevented.
E.
Sewage Disposal and Water Supply. The site plan shall provide for adequate sewage disposal and water supply to meet the requirements of all local, State and Federal regulations and as set forth in this chapter.
F.
Sidewalks. Sidewalks may be required for access from the main entrance or entrances of the building to the street, driveway or parking areas and shall be constructed in accordance with § 55-86.126.
G.
Landscaping.
(1)
The site plan shall include a landscape plan indicating the landscaping to be installed and showing the size and species of trees and shrubs to be planted. It shall also indicate what protection or devices will be used to preserve existing trees during construction and the method of accomplishing grade changes at existing trees. Landscaping plans shall incorporate the elements set forth in § 55-295D.
(2)
Portions of all front, rear and side yards which are not used for required driveways, sidewalks, parking or loading, accessory buildings or recreational areas shall be planted with trees, shrubs, plants and lawns or ground cover in order to ensure the attractiveness of the premises and the protection of the soil thereon. Existing trees of four (4) inch caliper or over and any other significant natural features shall, if located in the landscaped area, to be preserved.
(3)
Where nonresidential uses or areas abut a residential building, there shall be provided, on the nonresidential lot or area adjacent to the lot lines of the residential building, a planting strip not less than six (6) feet wide, consisting of suitable shrubbery, hedges or fencing or a combination thereof, to shield effectively the year around undesirable visual exposure and so as to provide a protective screen from incompatible uses and surroundings. In the case, however, where the zoning regulations provide for a wider planted buffer area, said regulation shall control.
H.
Garbage, Refuse and Outside Storage.
(1)
Provisions shall be made for the indoor or enclosed storage of garbage and refuse.
(2)
Outside storage, when permitted, shall only be permitted in areas approved by the municipal agency. Such areas shall, as nearly as may be practicable, be shielded from public view and protected by adequate fencing and/or screening.
(3)
Screening of refuse area. Those areas adjacent to or within the parking area designated as refuse storage and pickup areas shall be properly screened to prevent the unsightly display and the scattering of debris. The following minimum requirements shall apply:
(a)
The area shall be surrounded on at least three (3) sides by a solid uniform fence or wall not less than five (5) feet nor more than eight (8) feet in height and maintained in good condition. The wall of an adjacent building may serve as one (1) side. Said fence shall be exempt from the provisions of any ordinance of this municipality regulating the height of fences and requiring permits therefor.
(b)
The opening in said screening wall or fence shall be so located as to prevent the visual display of refuse from any adjacent parking area or street.
I.
Retaining Walls. Retaining walls shall be designed in accordance with New Jersey State Building Codes and shall be constructed to meet the requirements of the Township Engineer.
J.
Curbs. All curbing shall be solid line concrete or Belgian block and shall be designed and constructed in accordance with § 55-126.4 of this chapter.
K.
Electric, Telephone, Gas and Cable Television Utilities. All new gas, electric, telephone or cable television lines shall be placed underground.
§ 55-152 VARIATION OF MINIMUM REQUIREMENTS.
The municipal agency, when acting upon applications for preliminary or final site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval, if the literal enforcement of one (1) or more provisions of this Article is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. If such exception is granted, it shall be done by a resolution of the municipal agency which sets forth the reasons for the exception in the particular case and demonstrates that the exception will not have an adverse effect on surrounding properties, the neighborhood or the Township in general.
§ 55-153 FILING OF COMBINED APPLICATIONS.
Nothing set forth in this Article shall prevent any developer from submitting preliminary and final major site plan applications simultaneously, provided that all requirements for the submission of each application separately have been met. The municipal agency shall then determine if they wish to process the applications simultaneously.
§ 55-154 MINOR SITE PLAN.
[Amended 2-16-88 by Ord. No. 1988-5; 10-17-88 by Ord. No. 1988-37; 3-20-95 by Ord. No. 1995-15 § 7; 8-5-96 by Ord. No. 1996-27 § 7; Ord. No. 1996-28 § 8]
Notwithstanding any provisions herein to the contrary, minor site plan approval may be sought for development as required pursuant to § 55-141 of this chapter, or as otherwise herein required under the following procedures and conditions:
A.
At least five (5) weeks prior to the meeting of the municipal agency, the developer shall file with the secretary of the municipal agency the requisite number of complete applications, accompanied by the fees prescribed in Article III hereof.
B.
The survey or plat submitted shall be current and certified by a land surveyor licensed in the State of New Jersey. The minor site plan or plat shall be prepared by an engineer, planner, architect, or surveyor in accordance with the provisions of the Municipal Land Use Law (N.J.S.A. 50:55D-1, et seq.). It shall include the boundaries of the property, shall delineate all buildings, the square footage and dimensions thereof, shall show all fences, curbs, sidewalks, sewer facilities and other physical features, both existing and proposed. The proposed parking and loading areas shall also be indicated. The map must include certification for the signature of the Chairperson, Board Engineer and Board Secretary.
C.
Minor site plan applications shall be granted or denied within forty-five (45) days of completeness determination, or within such additional time as may be consented by the developer.
D.
Applications for minor site plan approval shall require a public hearing, notice and publication as provided herein.
E.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two (2) years after the date of minor site plan approval.
F.
The site development plan meets the following criteria:
(1)
No off-site improvements are proposed or required.
(2)
Alterations or additions to the structure will not increase the enclosed and roofed floor area by more than fifteen hundred (1,500) square feet.
(3)
The development plan does not involve the installation of any road improvements or require new or expanded ingress or egress from a county or State roadway.
(4)
The development plan does not change the construction of Township drainage facilities, does not involve the expansion of public facilities, and does not adversely affect the development of any adjoining properties.
(5)
The development plan does not require soil disturbance of five thousand (5,000) square feet or more.
§ 55-155 SITE PLANS WITH MULTIPLE PARCELS.
[Amended 10-5-98 by Ord. No. 98-20]
Any minor or major site plan application involving two (2) or more separate tax map parcels shall, as a condition of any municipal agency approval, be required to file a deed of consolidation with the Clerk of the County of Ocean, merging the properties into a new, single parcel encompassing the entire tract of land that is the subject the application. The applicant or developer shall apply to the Tax Assessor of the Township of Barnegat for a new lot number and any proposed property location (street address) prior to the recording the deed. A copy of the recorded deed shall be submitted to the Tax Assessor, Board Attorney, Engineer, and Secretary. A note shall also be added to the site plan prior to submission for Resolution compliance and signatures, giving the nature of the deed, the recorded deed book and page number, the date recorded, and the previous tax map block and lot numbers.