Bellmawr City Zoning Code
ARTICLE XXI
Building Design and Site Plan Review
§ 260-115 Purpose.
The purpose of this article shall be to provide rules, regulations and standards to guide land development in the Borough of Bellmawr in order to promote the public health, safety, convenience and general welfare of the Borough.
§ 260-116 Approving agency.
§ 260-117 Site plan review required. [1]
Prior to the issuance of any building permit by the Construction Official for any proposed land development or construction of any structure, including commercial, industrial, multifamily structures and residential development containing three or more units, or any land development requiring off-street parking area or off-street standing area for an excess of four vehicles, a site plan shall be submitted to the Planning Board for its review and action. A site plan may be submitted to the Zoning Board subject to the requirement of the New Jersey Municipal Land Use Law.[2] An engineering review may be required for any proposed land development of fewer than three units of residential development at the discretion of the Construction Official.
§ 260-118 Procedure for site plan application and approval.
A.
Preliminary site plan application and approval.
(1)
The applicant shall submit to the Borough Clerk, at least 10 days prior to the meeting at which consideration is desired, the following:
(a)
Two copies of the Borough site plan application.
(b)
Application and review fee.
(c)
Ten copies of the preliminary site plan.
(d)
Two copies of the preliminary floor plan and evaluation if building construction is proposed.
(e)
Four copies of the Camden County Planning Board application if the site plan affects or is located on a county highway or facility.
(f)
Statement from Tax Collector that taxes have been paid up to date.
(2)
If the 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 will be deemed to be properly submitted.
(3)
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have 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 Planning Board shall, if the proposed development complies with this article and the Municipal Land Use Law, grant preliminary site plan approval.
(4)
Upon the submission of a complete application for a site plan for 10 acres of land or less, and 10 dwelling units or fewer, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than 10 acres, or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.[1]
B.
Final site plan application and approval.
(1)
The applicant shall submit to the Borough Clerk, at least 10 days prior to the meeting at which consideration is desired, the following:
(a)
Two copies of the Borough site plan application.
(b)
Ten copies of the final site plan.
(c)
Two copies of the preliminary floor plan and elevation if any changes to said plans have been made.
(d)
Four copies of the Camden County Planning Board application if the site plan affects or is located on a county highway or facilities.
(2)
Any part or all of the submission for final application may be waived by the Planning Board. The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval and the conditions of preliminary approval.
(3)
Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certification of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
(4)
Whenever review or approval of the application by the County Planning Board is required in the case of the site plan, the Municipal Planning Board shall condition any approval that it grants upon 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.[2]
C.
Exception in application for site plan approval; simultaneous review and approval.
(1)
The Planning Board, when acting upon applications for preliminary 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 if the literal enforcement of one or more provisions of this article is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
(2)
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.
D.
Effects of final approval of a site plan. The zoning requirements applicable to the preliminary approval first granted, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of the Municipal Land Use Law, the granting of final approval terminates the time period of preliminary approval.
§ 260-119 Time periods for decisions.
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for a variance pursuant to Section 47 of the Municipal Land Use Law,[1] the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
[1]
Editor's Note: See N.J.S.A. 40:55D-60.
§ 260-120 Notification of Construction Official and applicant.
The Planning Board shall notify the Construction Official of its action on the final site plan. A copy of such action shall be forwarded to the applicant.
§ 260-121 Disapproval of site plan.
In the event that the Planning Board disapproves a final or preliminary site plan application, the reasons for disapproval must be stated in writing. Copies of the report disapproving said plan shall be forwarded to the applicant and the Construction Official.
§ 260-122 Changes or alterations in plan.
When final approval is granted, no changes or alterations shall be made in any portion of the site plan over which the Planning Board has approval power without approval of said change by the Planning Board. No change of engineering design shall be made without the approval of the Borough Engineer.
§ 260-123 Delegation of power by Planning Board.
The Planning Board may, by the adoption of appropriate bylaws, vest all or a portion of its power to review and approve site plans to a designated committee of said Board.
§ 260-124 Fees.
A.
Application fees shall be paid to the Borough Clerk for site plan review by the applicable board in accordance with the fee schedule set forth in Chapter 210, Fees.
B.
Engineering review fees.
(1)
Upon application and submission of a preliminary site plan to the applicable board, the applicant shall deposit the moneys in accordance with the fee schedule set forth in Chapter 210, Fees, to be used to defray the costs of the Board's professionals, including but not limited to engineering review, report and inspection fees.
(2)
The Borough Clerk is hereby authorized to set up a separate bank account titled "Engineering Review and Inspection Account," into which all moneys deposited by site plan applicants shall be placed. All engineering fees related to said site plans shall be separately vouchered by the engineer, and all such bills shall be paid from this account. In addition, any other professional services authorized by the applicable board in connection with a site plan shall also be separately vouchered and paid from this account. A fee schedule for professional services to be charged by the professionals shall be on file with the Borough Clerk. The professional services escrow deposits referred to above shall be held by the Borough without the payment of interest. An individual accounting of each escrow account shall be maintained by the Borough Clerk, and copies shall be available to the applicant without cost.
(3)
Any excess money remaining in the escrow deposit account after payment of the aforesaid professional services fees shall be returned to the applicant without interest within 30 days after completion of the required improvements and approval of the Borough Engineer.
(4)
In the event that the escrow deposit made hereunder is insufficient to pay for the professional services fees, the applicant, upon notice from the Borough Clerk, shall forthwith pay the sum of money equal to such deficiency.
(5)
The amount of escrow money required to be held by the Borough may be increased or decreased, as the case may be, by a detailed request by the professional consultants, setting forth the necessity therefor, with the approval of the approving authority first had and obtained. In the case of a required increase in the escrow deposit, the applicant shall pay such increase to the Borough forthwith. In the case of a decrease in the escrow deposit, the Borough Clerk shall make a refund to the applicant within 30 days of said approval of reduction.
§ 260-125 Site plan details.
A.
Preliminary site plan detail requirements.
(1)
Scale shall be not smaller than one inch equals 58 feet and not larger than one inch equals 10 feet.
(2)
Map size. The size of all site plans shall be consistent with the sizes permitted under P.L. 2011, c. 217, known as the "New Jersey Map Filing Act," N.J.S.A. 46:26B-1 et seq., as follows:[1]
(3)
The name and address of the applicant and the owner and the name, address and title of the person preparing the plan and maps, including appropriate map titles and accompanying date.
(4)
The Tax Map lot and block numbers, tax sheet numbers and a key location map.
(5)
The date, scale and North arrow.
(6)
The zone district in which the lot or lots are located.
(7)
The existing and proposed principal building or structure and all accessory buildings or structures, if any.
(8)
The location and size of all existing and proposed driveways, parking areas and loading areas.
(9)
The location, size and nature of the entire lot or lots in question and any contiguous lots owned by the applicant or in which the applicant 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 entire lot or lots or contiguous lots on one map, a key map thereof shall be submitted.
(10)
The location, names and widths of all existing and proposed streets.
B.
Final site plan requirements.
(2)
An appropriate place for the signatures of the Planning Board Chairman, Planning Board Secretary and Borough Engineer.
(3)
All existing and proposed setback dimensions, landscaped area, fencing and trees over two inches in diameter, except that a substantially wooded area may be shown as a wooded area in lieu of showing individual trees.
(4)
All existing and proposed signs and lighting standards, utility poles and their size, type of construction and location.
(5)
Existing topography based on United States or New Jersey Coast and Geodetic Survey data or approved local data with a maximum of two-foot contour intervals.
(6)
Proposed grading and elevations of all construction, including storm sewer, paved areas, curbing, utilities and any buildings.
(7)
The location, type and size of all existing and proposed catch basins, storm drainage facilities and utilities, plus all required design data supporting the adequacy of the facilities. Storm sewer and sanitary sewer pipe shall be designed according to Manning's Formula. Stormwater runoff shall be designed using the rational or Natural Resources Conservation Service method. Retention basins shall be designed using the Natural Resources Conservation Service method.[2]
(8)
The location, type and size of all existing and proposed curbs, sidewalks, driveways, fences, retaining walls, parking space areas and layouts thereof and all off-street loading areas, together with all of the dimensions of all the foregoing on the site in question and within 50 feet of said site.
(9)
The location, size and nature of all existing and proposed rights-of-way, easements and other encumbrances and all underground utility easements and mains within the street rights-of-way which may affect the lot or lots in question, and the location, size and description of any lands to be dedicated to the municipality or within the right-of-way of streets of the municipality.
(10)
Grades and/or cross sections and profiles of all proposed streets and existing streets abutting the lots in question and within 100 feet thereof.
(11)
Any and all other information and data necessary to meet any of the requirements of this article not listed above.
§ 260-126 Failure to comply; penalties.
Failure to comply with any of the conditions of this article for site plan approval subsequent to the receipt of a building permit shall be a basis for one or more of the following actions:
A.
Revocation of the building permit.
B.
The revocation or withholding of the issuance of a certificate of occupancy.
C.
Forfeiture of any performance bond or other payment guaranty, such as escrow for future street construction, drainage, etc., required by the Borough to cover the costs of improvements.
D.
Appropriate court action where provided for by law.
§ 260-127 Period of validity of site plan.
Any site plan approved by the Planning Board under the terms of this article shall be valid for a period of time equal to the period of time for which the building permit has been issued or is about to be issued covering said site.
§ 260-128 Appeal and hearing.
Any person aggrieved by the action of the Planning Board in regard to site plan approval may file an appeal in writing to the Mayor and Council within 10 days after the date of publication of the action of the Planning Board. The Mayor and Council shall consider such an appeal pursuant to the provisions of Article 8 of the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-62 et seq.
§ 260-129 Road right-of-way dedication and reservation.
As a condition to the approval of a site plan, the Planning Board may require the dedication of additional rights-of-way or easements. On an existing road, the additional right-of-way shall be that portion of the site which abuts a road and which lies between the existing right-of-way and the proposed future right-of-way line for the road. However, where the proposed future right-of-way lines for an existing county road are drawn so that the total additional right-of-way is to be secured from just one side of the road, only 1/2 of that additional right-of-way shall be required to be dedicated as a condition to the approval of the site plan. Also, the Planning Board may require the reservation of the remaining area of future right-of-way for future acquisition. The building setback line shall be measured from the future right-of-way line. In order to effect dedications required by this section, a deed for such lands shall be furnished to the Borough in a form approved by the Borough Attorney. Easements shall be granted as determined to be in the best interest of the Borough by the Planning Board, with the approval of Borough Council, to assure access for proper maintenance of drainage, utilities, sewerage, streets and any other municipal facility or service.
§ 260-130 Performance guaranty.
[Amended 11-23-1982 by Ord. No. 10:15-82]
A.
Requirements to be met. As a condition to the approval of a site plan, the applicable board shall require the developer to submit to the Borough a performance guaranty in a form approved by the Borough Attorney and in an amount determined by the Borough Engineer adequate to cover 100% of all off-site improvements, including cost escalation, that are required by the applicable Board in connection with the site plan, including street construction, drainage construction, soil erosion and sediment control construction, utilities relocation and construction, restoration of natural streams and restoration of the site in the event that construction is abandoned. Certificates of occupancy shall not be issued until all improvements have been completed to the satisfaction of the applicable Board and written certification has been issued by the applicable Board.
§ 260-131 Release and return of performance guaranty.
The performance guaranty shall be retained until all improvements have been completed and all conditions have been fulfilled to the satisfaction of the Borough Engineer and the Planning Board, and, upon certification from the Planning Board and Borough Engineer that the improvements installed on any right-of-way are acceptable to that Board, the Mayor and Council shall direct the release and return of the performance guaranty. The Planning Board may, in its discretion, require, as a condition for the release of the performance bond, the posting of a maintenance bond in the amount of 10% of bondable improvements, but not less than $500, for a period not to exceed two years from the date of acceptance of the improvements pursuant to the statutes of the State of New Jersey in such case made and provided. The applicant shall assume all liability during construction and until such time as improvements are accepted by the Borough.
§ 260-132 Off-street parking requirements.
B.
Off-street parking areas shall be designed to prevent the maneuvering of vehicles into or out of parking spaces or the storage of vehicles within any portion of an entrance driveway or driveway land that is within 20 feet of the right-of-way line of a road. Off-street parking areas should be so designed as to permit all vehicles to turn around on the site in order to prevent the necessity of any vehicle backing onto the road from such site.
C.
No required off-street parking space, including adjacent parking areas, access lanes or maneuvering space, shall be located within the existing or proposed right-of-way of a road, including the sidewalk area.
D.
Minimum clear lane widths allowed are as follows:
Parking Angle | Required Lane Width (feet) | |
|---|---|---|
45° | 15 | |
60° | 19 | |
70° | 21 | |
80° | 24 | |
90° | 25 |
§ 260-133 Customer service areas.
Any site plan that provides temporary stopping space or maneuvering space for vehicles of customers or patrons seeking service at a roadside business establishment, such as a roadside grocery or farm produce stand, gasoline service station, drive-in bank, etc., should be so located that the stopping or maneuvering space is at least 10 feet back of the right-of-way line of a road. State and county approvals must be obtained where state and county highways are involved.
§ 260-134 Driveways.
A.
The number of driveways provided from a site directly to any road shall be as follows:
Length of Site Frontage (feet) | Number of Driveways | |
|---|---|---|
100 or less | 1 | |
More than 100 to 800 | 2 | |
Over 800 | To be specified by Planning Board upon receipt of advice of a report of the Borough Engineer |
B.
All entrance and exit driveways to a road shall be located to afford maximum safety to traffic on the road.
C.
Any exit driveway or driveway lane shall be so designed in profile and grading and shall be so located as to permit the following minimum sight distance measured in each direction along any abutting Borough, county or state road. The measurement shall be from the driver's seat of a vehicle standing on that portion of the exit driveway that is immediately outside the edge of the road, traveled way or shoulder.
Allowable Speed on Road (miles per hour) | Required Sight Distance (feet) | |
|---|---|---|
25 | 150 | |
30 | 200 | |
35 | 250 | |
40 | 300 | |
45 | 350 | |
50 | 400 |
D.
Where a site occupies a corner of two intersecting roads, no driveway entrance or exit may be located within a minimum of 30 feet of the tangent of the existing or proposed curb radius of that site.
E.
No entrance or exit driveway shall be located on the following portions of any collector or arterial road:
F.
Where two or more driveways connect a single site to any one road, a minimum clear distance of 25 feet measured along the right-of-way shall separate the closest edges of any two such driveways.
G.
Driveways used for two-way operation will intersect any collector or arterial road at an angle to as near 90° as site conditions will permit, and in no case will such angle be less than 60°.
H.
Driveways used by vehicles in one direction of travel (right turn only) shall not form an angle smaller than 45° with a collector or arterial road unless acceleration and deceleration lanes are provided.
I.
The dimensions of driveways shall be designated to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. The required maximum and minimum dimensions for driveways are indicated in the accompanying table. Driveways serving large volumes of daily traffic over 25% of which is truck traffic shall be required to utilize high to maximum dimensions. Driveways serving low volumes of daily traffic less than 25% of which is truck traffic shall be permitted to use low to minimum dimensions.
(1)
One-way operation.
Type of Development | Curbline Opening (feet) | Driveway Width (feet) | |
|---|---|---|---|
5- to 10-family residence | 12 to 15 | 10 to 13 | |
10-family or over | 12 to 30 | 10 to 26 | |
Commercial and industrial | 24 to 50 | 24 to 34 | |
Service stations | 15 to 36 | 12 to 34 |
(2)
Two-way operation.
Type of Development | Curbline Opening (feet) | Driveway Width (feet) | |
|---|---|---|---|
5- to 10-family residence | 12 to 30 | 10 to 26 | |
10-family or over | 24 to 36 | 20 to 30 | |
Commercial and industrial | 24 to 50 | 24 to 46 | |
Service stations | 24 to 36 | 20 to 34 |
J.
The surface of any driveway shall be subject to Borough site plan approval. Pavement shall extend to the paved traveled way or paved shoulder of the road, and such pavement shall extend through the area defined by the required driveway dimensions specified in Subsection I above.
K.
Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. All driveway profiles and grades shall be submitted to and approved by the Borough Engineer as determined necessary by the Planning Board.
L.
Should the sidewalk be so close to the curb at a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk should be appropriately lowered to provide a suitable ramp gradient.
§ 260-135 Lanes.
A.
Accelerating lanes. Where a driveway serves right-turning traffic from a parking area providing 200 or more parking spaces and/or the abutting road has a peak-hour traffic volume exceeding 1,000 vehicles per hour, an acceleration lane shall be provided in accordance with "A Policy of Geometric Design of Rural Highways," copyright 1965, American Association of State Highway Officials.
B.
Deceleration lanes. Where a driveway serves as an entrance to a land development providing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from any collector or arterial road. The deceleration lane is to be at least 200 feet long and at least 13 feet wide measured from the abutting road curbline. A minimum forty-foot curb return radius will be used from the deceleration lane into the driveway.
§ 260-136 General building and site design requirements.
A.
Site design.
(1)
Environmental protection. Every effort shall be made to either preserve the landscape in its natural state or to improve existing site conditions according to high standards of conservation and environmental protection and in keeping with adjacent areas. A stilling or settlement basin shall be required, of a size determined by the Borough Engineer, to retain the natural state of contiguous or on-site streams.
(2)
Orientation and siting. In the case of freestanding buildings or structures, and depending on individual site characteristics, consideration shall be given to a position that provides a desirable visual composition, avoids blocking natural vistas, provides a desirable space enclosure, does not unnecessarily alter existing topography and vegetation and otherwise respects established natural conditions and surrounding buildings and structures.
B.
Principal or accessory building and structure design.
(1)
Building features. In reviewing site plans, consideration shall be given to building materials, use of color and/or texture, massing, fenestration and advertising features as they will relate to site conditions and harmonize with similar elements in surrounding buildings or structures.
(2)
Special features. Off-street parking areas, truck loading and unloading areas and appurtenant driveways and walkways shall be constructed with a permanent pavement of a type subject to the approval of the Borough Engineer. These and other utility buildings or structures shall be harmoniously blended with existing site features and surrounding development through careful attention to existing topography, siting and screening techniques.
§ 260-137 Site plan approval guidelines.
A.
In reviewing site plans, the Planning Board shall make its approval subject to any applicable general zoning regulations, including setbacks, lot size requirements, performance standards, etc.
B.
Any and all conditions of site plan approval shall be complied with on a continuing basis. Failure to do so shall render an issued certificate of occupancy null and void.
§ 260-138 Sidewalks.
A.
Each land development subject to site plan approval that abuts an arterial or collector street shall provide a sidewalk within the road right-of-way as required by zoning, subdivision or other ordinances of the Borough.
B.
Such sidewalks required as a condition of approval under this article shall be located in accordance with applicable ordinances and as approved by the Borough Engineer and/or Construction Official.
§ 260-139 Curbs and gutters.
Each land development requiring site plan approval shall install curb and gutter (gutter will not be required except in cases where the grade of the road is less than 0.0050 and in the opinion of the Borough Engineer a drainage problem exists along the entire property frontage of the Borough road) in accordance with the standards and specifications as set forth in the subdivision provisions of this chapter, as amended, and construction shall be approved by the Borough Engineer and/or the Construction Official.
§ 260-140 Shoulder paving.
In each land development requiring site plan approval and where curbing is installed by the developer, the developer will install paving in the area between the edge of the existing pavement and curbing along the entire property frontage of the road in accordance with the standards and specifications as set forth by the Borough Engineer and the subdivision provisions of this chapter.
§ 260-141 Traffic signs and markings.
To facilitate the safe and efficient movement of traffic into and out of a site, the Planning Board may, as a condition of site plan approval, require the installation of specified directional, regulatory or advisory signs or pavement markings at designated locations on the site or the right-of-way. Such signs shall be of size, color and design specified in accordance with the Manual on Uniform Traffic Control Devices.
§ 260-142 Stormwater drainage.
Each land development shall provide adequate drainage structures in accordance with standards set by the subdivision provisions of this chapter and Borough Engineer for handling stormwater that is generated on and/or through such site.