Bloomsbury City Zoning Code
ARTICLE IV
Site Plan Review
§ 270-14 Subdivision and site plan approval required; review by County Planning Board. [1]
A subdivision plat shall not be recorded with the County Recording Officer unless and until it has been approved by the Borough Planning Board by resolution as a condition for the issuance of a permit for any development, except that subdivision of individual lot applications for detached one or two dwelling unit buildings shall be exempt from site plan review and approval. Each application for subdivision approval, where required, and for site plan approval, where required, shall be submitted by the applicant to the County Planning Board for review and approval, and the Borough Planning Board shall condition any approval it grants upon timely receipt of a favorable report on the application by the County Planning Board or its failure to report thereon within the required time period.
§ 270-15 Applicability.
No building in this Borough shall be erected or moved or externally altered or added to or enlarged, and no building or land thereon shall be used and no building permit or certificate of occupancy shall be issued, except in accordance with site and building plans which have been approved as provided in this article; provided, however, that this section shall not apply to uses or buildings devoted to agriculture or individually designed, detached single-family residential structures or uses or structures accessory thereto on an existing independent lot of record or classified as a minor subdivision.
§ 270-16 Waiver.
The Board may waive the requirements of this article if the total value of construction or alteration is under $5,000 or if the nature and extent of construction or alteration are considered a part of normal repair, maintenance or replacement, and any procedural requirements of this article may be waived. In the event that the required terms of the site plan or other supporting documents are not applicable to the site in question, due to practical difficulties, the applicant shall request in writing to the Board those items which the applicant wishes to have waived by the Board, and such items may be waived if the Board determines they are not required for review of the site plan; provided, however, that this section shall not be construed to permit a waiver of any substantive zoning requirement.
§ 270-17 Submission and review procedures.
The following procedures shall govern the submission and review of site and building plans:
A.
The applicant shall submit, at least three weeks prior to any regular meeting of the Board, building and site plans which may be in schematic tentative form for discussion purposes by delivering 12 copies of each to the Planning Board Secretary who shall transmit a copy to the Borough Engineer and the Building Inspector. The preliminary plan and elevation shall be sufficient for architectural plans.[1]
B.
If the Board requires any substantial amendment in the layout of improvements that have been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development.
C.
If the complete application is for 10 acres of land or less, the Board shall grant or deny preliminary approval within 45 days of such submission or such further time as may be consented to by the developer. If the complete application is for more than 10 acres of land, the Board shall grant or deny preliminary approval within 95 days of such submission or such further time as may be consented to by the developer; otherwise, preliminary approval shall be deemed granted. This submission shall include:
(1)
Drawings. Drawing showing, as a minimum, the first floor plan and all elevations of all proposed principal buildings and structures and all accessory buildings and structures, including signs and outside lights.
(2)
Site plan contents. An accurate site plan drawn to a scale of not less than one inch equals 50 feet, or such other scale as may be required by the Borough Engineer in cases of large acreage, showing the dimensions in acreage of each lot or block to be built upon or otherwise used and showing all existing and proposed items as follows:
(a)
The size, shape and location of buildings.
(b)
The location and layout of parking areas.
(c)
All parking spaces and driveways.
(d)
A contour map of the site showing contour intervals not in excess of five feet based where possible on the New Jersey geodetic control survey elevation datum.
(e)
Existing and proposed drainage facilities, including all pertinent grades, pipes, slopes, structures such as storm drains, inlets, catch basins, head walls, ditches and drainage channels.
(f)
Sewer and water facilities and connections.
(g)
Electric, telephone, gas and other utilities.
(h)
A landscape plan including locations of proposed plantings and screenings.
(i)
All required setback lines and rights-of-way.
(j)
A key map showing the entire project and its relation to surrounding properties and the existing buildings thereon.
(k)
Location of fences, signs, lights and advertising features.
(l)
Data graphic scale and reference meridian.
(m)
The zoning district.
(n)
The tax map sheet block and lot numbers.
(o)
The name and address of the licensed professional engineer or architect preparing the site plan and, where applicable, the name and address of the licensed land surveyor assisting in the preparing of the site plan.
(p)
Any other information or data required or requested by the Board or Borough Engineer considered necessary to meet the requirements of this chapter.
D.
In the event that an environmental impact statement required by this chapter or any other ordinance of the Borough of Bloomsbury shall be required, it shall be submitted to the Board as part of this site plan review.
G.
Drainage. A copy of the drainage design calculation, including watersheds, retention and detention basins, and stormwater analysis, together with a marked-up plan showing the various watershed areas, all as prepared by the applicant's engineer, shall be submitted.
[Amended 12-19-1991 by Ord. No. 317-91]
H.
Applications for development in Highlands Preservation Area.
[Added 6-25-2013 by Ord. No. 104-13]
(1)
Applicability.
(a)
This subsection shall apply to any application for development involving lands located within (or partially within) the Borough Highlands Area (as illustrated in Exhibit 1,[2] "Borough of Bloomsbury Highlands Preservation Area") that seeks approval of a site plan, subdivision, or change in use, where approval of such application would: a) result in the ultimate disturbance of one acre or more of land; b) produce a cumulative impervious surface area of 1/4 acre or more; c) in the case of residential development, create three or more dwelling units; or d) introduce or expand on any of the following land uses/facilities:
[1]
Landfills;
[2]
Permanent storage or disposal of hazardous wastes, industrial or municipal sludge or radioactive materials, including solid waste landfills;
[3]
Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous materials, and radioactive materials;
[4]
Industrial treatment facility lagoons; or
[5]
Any major or minor potential contaminant source (as identified in Appendix A and Appendix B of this Ordinance, respectively)[3] on lands located within 200 feet of the wellhead of any public community well or public noncommunity well, as these are defined at § 270-17H(6) below.
[3]
Editor's Note: Appendix A and Appendix B are included as attachments to this chapter.
[2]
Editor's Note: Exhibit 1 is on file in the Borough offices.
(b)
For purposes of this subsection, the phrases "application for development," "Highlands Area," "residential development," "ultimate disturbance," and "cumulative impervious surface area" shall be defined as provided at § 270-17H(6) below.
(2)
Administrative completeness.
(a)
Consistency determinations required. No application for development included in § 270-17H(6) above shall be deemed complete or considered for review by the applicable Land Use Board until and unless the applicant has obtained and provided a copy of:
[1]
A consistency determination from the Highlands Council indicating that the application is consistent with the Highlands Regional Master Plan; or
(b)
Findings of inconsistency. Where a Highlands Council consistency determination indicates that an application for development is inconsistent with the Highlands Regional Master Plan, no such application shall be deemed complete or considered for review by the applicable Land Use Board, until or unless the applicant has obtained from the professional(s) responsible for preparation of the applicant's plans, a certification indicating that to the best of the knowledge and abilities of such professional(s), the application has, since review by the Highlands Council, been revised to achieve consistency with the Highlands Regional Master Plan, and specifically describing the revisions made to achieve such consistency.
(c)
Checklist waiver. The Borough may issue a waiver from the provisions of this subsection where it can be established by the applicant and can be verified by the designated representative(s) of the Borough that:
[1]
The activity, improvement or development proposed by the subject application for development has not yet been formally determined to be exempt from the Highlands Act (see § 270-17H(5)(b) below), but eligibility for an exemption has been sufficiently established by the applicant; or
[2]
The activity, improvement or development proposed in the application for development will neither encroach upon a Highlands resource or Highlands Resource Area, nor be of detrimental impact to any Highlands resource or Highlands Resource Area as these are identified and delineated in the Highlands Regional Master Plan. The applicant's professional(s) responsible for preparation of the applicant's plan shall establish compliance of the above through a formal certification specifically addressing the Highlands resources and Resource Areas and related policies and objectives as identified in Chapter 4 of the Highlands Regional Master Plan.
(d)
Highlands council call-up. All municipal waivers or findings of application completeness issued pursuant to this subsection shall be issued in writing, inclusive of a statement indicating the rationale for the determination. All such determinations shall be subject to Highlands Council call-up review, and shall include conditions requiring same consistent with this subsection. The municipality shall, within five calendar days of issuance of all such determinations, provide a copy of the decision to the applicant and to the Highlands Council. The Highlands Council call-up review period shall expire 15 calendar days following its receipt of same. Upon determining to exercise this authority for call-up review, the Highlands Council shall transmit notice to the applicant and the municipality. Absent any such notification from the Highlands Council within that time frame, the application shall be considered complete, with the date of the waiver or finding of application completeness to be as of the date of first issuance by the municipality.
(3)
Notice requirements. The provisions of this subsection shall apply in addition to all requirements concerning public notice for applications for development as provided under the MLUL and required pursuant to the underlying municipal land use ordinances.
(a)
Notice to Highlands Council of application. The applicant for any application for development shall provide notice to the Highlands Council at least 10 days prior to the date on which the application is scheduled for consideration by the local board. A copy of the complete application shall accompany such notice regarding any application for development involving the potential disturbance of two acres, or more, or a cumulative increase in impervious coverage of one acre, or more. The applicant shall provide copies of any subsequent revisions to such applications to the Highlands Council at the same time these are provided to the reviewing board. If such plans or plats have been prepared in digital form, they shall be provided to the Highlands Council in a digital format that meets Highlands Council standards for such submissions.
(b)
Notice of decision required. The reviewing board shall provide a certified copy of the fully executed resolution memorializing its final decision regarding any application for development to the Highlands Council within 10 days of its adoption. This provision shall apply in all cases, whether the board approves the application for development, denies it, or approves it with conditions.
(4)
Highlands Council call-up provisions. All board decisions pertaining to applications for development involving the ultimate disturbance of two acres or more of land or a cumulative increase in impervious surface by one acre or more are subject to call-up and subsequent review by the Highlands Council in accordance with procedural requirements and time frames established pursuant to the Highlands Act. The Highlands Council may, on notice to the applicant within 15 calendar days of receipt of the memorializing resolution of the reviewing board, review and require a public hearing on the application. In that case, subsequent to the hearing the Highlands Council may approve the application for development, deny it, or issue an approval with conditions. The following conditions of approval shall be attached to any application for development approved pursuant to the MLUL which involves lands within or partially within the Highlands Preservation Area.
(a)
No land disturbance. No land disturbance approved in connection with an application for development involving the ultimate disturbance of two acres or more of land or a cumulative increase in impervious surface by one acre or more shall occur until and unless, either:
[1]
The Highlands Council call-up period has expired without issuance of a notice seeking review of the application by the Highlands Council; or
[2]
The Highlands Council has issued notice, and has reviewed the approval pursuant to N.J.S.A. 13:20-17(a)1 and has determined not to deny or modify the approval.
(b)
Amendments. In the event that Highlands Council review of an approved application for development pursuant to this Section results in a finding that the plans must be modified, the applicant shall amend the application accordingly and submit the amended application to the reviewing board for approval. Such submissions shall include the written findings and notice of decision of the Highlands Council, and any subsequent approval by the Land Use Board shall incorporate any conditions imposed by the Highlands Council.
(c)
Approvals conditioned on state approvals. All approvals shall be subject to the approval of any and all state agencies or other authorities having jurisdiction over any aspect or aspects of the approved application for development.
(d)
As-built surveys required. Prior to issuance of any final certificate of occupancy or approval, or to the release of any performance bonding held in relation to the approved application for development, the applicant shall provide an "as-built" survey depicting the final site conditions.
(e)
Submission of final plans/plats to Highlands Council. The applicant shall provide a copy of any final site plan or subdivision plat to the Highlands Council. If such plans or plats have been prepared in digital form, they shall be provided to the Highlands Council in a digital format that meets Highlands Council standards for such submissions in lieu of copies printed on paper.
(5)
Exclusions and exemptions.
(a)
Exclusions. The following specific improvements and related applications shall be excluded from the provisions of this subsection:
[1]
The reconstruction, within the same footprint, of any building or other structure lawfully existing as of the effective date of this subsection, in the event of its destruction or partial destruction by fire, storm, natural disaster, or any other unintended circumstance.
[2]
Any improvement or alteration to a building or other structure lawfully existing as of the effective date of this subsection, where such improvement or alteration is necessary for compliance with the provisions of the Americans with Disabilities Act,[4] or to otherwise provide accessibility to the disabled.
[4]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[3]
Any agricultural or horticultural use or development that would not result in either:
[a]
An increase, since the date of enactment of the Highlands Act (August 10, 2004), either individually or cumulatively, of new agricultural impervious cover of greater than 3% to the total land area of a farm management unit. Solar panels shall not be included in any calculation of agricultural impervious cover (all terms as defined in § 270-17H(6) below); or
[b]
Construction of three or more residential dwelling units (including accessory dwelling units) served by individual on-site septic system(s).
(b)
Exemptions. Any activity, improvement or development project listed and demonstrated to constitute a Highlands Act exemption shall be exempt from the provisions of this subsection. Formal demonstration of a Highlands Act exemption for an application for development involving lands located (or partially located) in the Preservation Area shall consist of one of the following:
[1]
A Highlands applicability determination (HAD) issued by the NJDEP indicating that the proposal qualifies as a Highlands Act exemption.
(6) AGRICULTURAL OR HORTICULTURAL DEVELOPMENT AGRICULTURAL OR HORTICULTURAL USE AGRICULTURAL IMPERVIOUS COVER APPLICANT APPLICATION FOR DEVELOPMENT DISTURBANCE DISTURBANCE, ULTIMATE FARM MANAGEMENT UNIT HIGHLANDS ACT HIGHLANDS APPLICABILITY DETERMINATION (HAD) HIGHLANDS AREA HIGHLANDS COUNCIL HIGHLANDS REGION IMPERVIOUS SURFACE IMPERVIOUS SURFACES, CUMULATIVE MAJOR POTENTIAL CONTAMINANT SOURCE (PCS) MINOR POTENTIAL CONTAMINANT SOURCE (PCS) MUNICIPAL LAND USE LAW (MLUL) NJDEP NJDEP PRESERVATION AREA RULES PLAN CONFORMANCE PLANNING AREA PRESERVATION AREA PUBLIC COMMUNITY WELL PUBLIC NONCOMMUNITY WELL REGIONAL MASTER PLAN (RMP) SOLAR PANEL STRUCTURE
Definitions. For the purpose of this subsection, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Construction for the purposes of supporting common farmsite activities, including but not limited to the production, harvesting, storage, grading, packaging, processing, and the wholesale and retail marketing of crops, plants, animals, and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease, and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.
The use of land for common farmsite activities, including but not limited to the production, harvesting, storage, grading, packaging, processing, and the wholesale and retail marketing of crops, plants, animals, and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease, and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.
Agricultural or horticultural buildings, structures or facilities with or without flooring, residential buildings and paved areas, but not meaning temporary coverings.
A developer submitting an application for development.
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, or direction of the issuance of a permit pursuant to § 25 or § 27 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36).
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
The total existing or proposed area of disturbance of a lot, parcel, or other legally designated (or otherwise legally recognized) tract or subdivision of land, for the purpose of, and in connection with, any human activity, property improvement, or development, including the surface area of all buildings and structures, all impervious surfaces, and all associated land disturbances such as excavated, filled, and graded areas, and all lawn and landscape areas. Ultimate disturbance shall not include areas of prior land disturbance which at the time of evaluation: a) contain no known man-made structures (whether above or below the surface of the ground) other than such features as old stone rows or farm field fencing; and b) consist of exposed rock outcroppings, or areas which, through exposure to natural processes (such as weathering, erosion, siltation, deposition, fire, flood, growth of trees or other vegetation) are no longer impervious or visually obvious, or ecologically restored areas which will henceforth be preserved as natural areas under conservation restrictions.
A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.
The Highlands Water Protection and Planning Act, P.L. 2004, c. 120, as amended, codified in part at N.J.S.A. 13:20-1 et seq.
The determination made by the NJDEP of whether a project proposed for the Preservation Area is a major Highlands development, whether any such major Highlands development is exempt from the Highlands Act, and whether the project is consistent with the applicable Areawide Water Quality Management Plan.
That portion of the municipality for which the land use planning and regulation are in conformance with, or are intended or proposed to be in conformance with, the Highlands Regional Master Plan, specifically in the context of this subsection, the Borough of Bloomsbury Highlands Preservation Area.
The New Jersey Highlands Water Protection and Planning Council.
All that area within the boundaries of the municipalities listed in Subsection a of § 7 of the Highlands Act.
Any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, including, but not limited to, porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.
The total area of all existing or proposed impervious surfaces situated or proposed to be situated within the boundary lines of a lot, parcel, or other legally recognized subdivision of land, expressed either as a measure of land area such as acreage, or square feet, or as a percentage of the total lot or parcel area.
Land uses and activities determined by the Highlands Council to pose a major risk of groundwater contamination (see Appendix A[5]).
Land uses and activities determined by the Highlands Council to pose a minor risk of groundwater contamination (see Appendix B[6]).
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
New Jersey Department of Environmental Protection.
The regulations established by the NJDEP to implement requirements of the Highlands Act, titled "Highlands Water Protection and Planning Act Rules," and codified at N.J.A.C. 7:38-1 et seq.
The process by which a municipality revises the master plan, development regulations and other regulations related to the development and use of land to conform them with the goals, requirements, and provisions of the Regional Master Plan in accordance with the Highlands Plan Conformance Guidelines.
Lands within the Highlands Region not within the Preservation Area (N.J.S.A. 13:20-7).
That portion of the Highlands Region so designated by Subsection b of § 7 of the Highlands Act.
A well that provides water to a public water system serving at least 15 service connections used by year-round residents or regularly serving at least 25 year-round residents.
A well that is not a public community well and that provides water to a public water system regularly serving at least 25 individuals for at least 60 days in any given calendar year.
The Highlands Regional Master Plan or any revision thereof adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
An elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array. (As defined by the Highlands Act, N.J.S.A. 13:20-1 et seq., as amended.)
A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
[5]
Editor's Note: Appendix A is included as an attachment to this chapter.
[6]
Editor's Note: Appendix B is included as an attachment to this chapter.
§ 270-18 Reports.
[Amended 12-19-1991 by Ord. No. 317-91]
The Planning Board Secretary and Borough Engineer shall report whether or not the submission complies with all provisions of this chapter, and if not the report shall specify all the respects in which the submission does not comply. If the Borough Engineer's report indicates that the submission does not comply with this chapter, the Engineer shall notify the applicant in writing of the respects in which it does not comply, together with a copy to the Board. Neither the failure of the Borough Engineer so to notify the applicant nor the omission of any zoning noncompliance from such notification shall relieve the applicant from the requirements of this chapter. The submission shall be reviewed as hereinafter provided, notwithstanding that noncompliance with this chapter is indicated thereon, but the grant of approval thereon shall not relieve the applicant from any provisions of this chapter, nor shall such approval, unless it so indicates, constitute a recommendation of any zoning variance or relief that the applicant may hereinafter seek from the Planning Board.
§ 270-19 Action by Planning Board.
[Amended 12-19-1991 by Ord. No. 317-91]
The Board shall, after receiving the findings and recommendations of the Planning Board Secretary and Borough Engineer, review the submission and take action thereon. The Board shall be guided in this action by the site and environmental design standards hereafter set forth as well as by any other applicable provisions of this chapter and may retain such consultants and seek such expert advice as it shall deem necessary. The applicant shall have the right to appear before the Board and be heard with respect to the submission. After the completion of its review, the Board shall approve or disapprove the submission, stating its findings and the reasons for its actions. Approval may be made conditioned upon the applicant's adoption of specified changes in the submission and needed variances or both. A copy of the Board's findings and official action shall be given to the applicant, Borough Engineer and, if needed, the Borough Council.
§ 270-20 Effects of preliminary approval.
A.
The preliminary approval shall confer the following rights upon the applicant for a three-year period:
(1)
The general terms and conditions on which preliminary approval was granted shall not be changed except as relate to public health and safety.
(2)
The right to submit the whole or section or sections thereof for final approval.
(3)
The right to apply for one-year extensions of preliminary approval not to exceed a total extension of two years.
B.
If an area of 50 acres or more is involved, the rights conferred by Subsection A above may be granted for longer than three years, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the economic conditions and the comprehensiveness of the development, and thereafter reasonable extensions to the preliminary approval may be granted, taking into consideration the number of dwelling units and nonresidential floor area permissible, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, the economic conditions and the comprehensiveness of the development, provided that any revised design standards may govern.
§ 270-21 Site and environmental design standards.
The standards hereinafter set forth in this section shall be utilized by the Board in reviewing all site and building plans. The standards are intended to provide a frame of reference for the applicant in the development of site and building plans as well as to provide a method of review for the Planning Board. They are not to be regarded as inflexible requirements nor are they intended to discourage creativity, invention and innovation.
A.
Preservation of landscape. The landscape shall be preserved in its natural state insofar as practicable by minimizing tree and soil removal. If the development of the site necessitates removal of established trees, special attention is to be given to the planting and replacement of trees and other landscape treatment. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas.
B.
Relation of proposed buildings to environment. Proposed structures shall be harmoniously related to the terrain and to existing buildings and thoroughfares in the vicinity that have visual relationship to the proposed buildings. The achievement of such relationship shall include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings.
C.
On-site parking and circulation. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement of parking areas that are safe and convenient and do not detract from the design of proposed buildings and structures and the neighboring properties.
D.
Connection to public streets. All entrance and exit driveways to a public right-of-way shall be located and designed to afford maximum safety to traffic on both public and private rights-of-way. Sight triangles, extra right-of-way and width for acceleration or deceleration shall be provided where appropriate.
[Amended 12-19-1991 by Ord. No. 317-91]
E.
Surface water drainage. Special attention shall be given to site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic.
F.
Utility service. Electric and telephone lines shall be underground. Any utility installation remaining above ground shall be located so as to have a harmonious relation to neighboring properties and the site. The proposed method of sanitary sewage and other waste disposal from all buildings shall be indicated.
G.
Advertising features. The size, location, design, color, texture, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures and surrounding properties.
H.
Special features. Outdoor parking and storage areas, outdoor and roof mechanical equipment, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.
I.
Application of design standards. The standards of review outlined in this section shall also apply to all accessory buildings, structures, freestanding signs and other site features however related to the major building or structure.
J.
Street design. The design of streets within the project shall provide proper access for fire-protection and fire-fighting equipment, trash collection, service deliveries and snow removal.
§ 270-22 Environmental impact statement.
The applicant or developer shall submit to the Planning Board, when required by this chapter or any other ordinance, an environmental impact statement as part of the preliminary site plan review procedure in accord with the provision of this chapter or any other ordinances requiring environmental impact statements to be submitted.
§ 270-23 Final approval.
A.
The Board shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by ordinance for final approval and the conditions of preliminary approval.
B.
Final approval shall be granted or denied within 45 days or within such further time as may be consented to. Failure to act within such time shall constitute final approval, and a certificate of the Planning Board Secretary as to the failure to so act shall be issued on request and shall be sufficient in lieu of the written endorsement of approval.
C.
Whenever a review or approval by the County Planning Board is required, the local approval shall be conditioned upon timely receipt of a favorable report from the County Planning Board or its failure to report thereon within the required time period.
§ 270-24 Variances.
The Board, when acting upon applications for preliminary site plan approval, may grant such exceptions from the requirements as may be reasonable and within the general purpose and the intent of the requirements, if a literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
§ 270-25 Simultaneous site plan and subdivision review.
The Board may review and approve site plans simultaneously with review for subdivision approval without the developer being required to make further application or further hearings being held. The longest time period shall apply.
§ 270-26 Effect of final approval.
A.
The zoning requirements and all the rights applicable to the preliminary approval, whether conditional or otherwise, shall not be changed for a period of two years, provided that, if the standards prescribed for final approval have been followed, the Planning Board may extend the period of protection for periods of one year, not to exceed three extensions.
B.
Final approval terminates the time period for preliminary approval for the section involved.
C.
In cases of 150 acres or more, these rights may be granted for a longer period of time, taking into consideration the number of dwelling units and nonresidential floor area permissible, the economic conditions and the comprehensiveness of the development. Thereafter an extension of final approval may be granted for such additional periods of time as reasonable, taking into consideration:
§ 270-27 Performance guarantees, maintenance bonds and other security.
[Amended 11-28-2006 by Ord. No. 110-06; 10-23-2018 by Ord. No. 104-18]
A.
General. The developer shall furnish a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to the public entity, and that have not yet been installed, which cost shall be determined by the Municipal Engineer, according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor's monuments, as shown on the final map and required by the map filing law, N.J.S.A. 46:23-9.9 et seq. (repealed by Section 2 of P.L. 2011, c. 217), or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The Municipal Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
B.
Privately owned perimeter buffer landscaping. The performance guarantee shall include, within an approved phase or section of a development, privately owned perimeter buffer landscaping, as required by ordinance or imposed as a condition of approval. At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.
C.
Temporary certificate of occupancy bond. In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy bond," in favor of the municipality in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, building or phase of development. Upon posting of a temporary certificate of occupancy bond, all sums remaining under a performance guarantee, required pursuant to § 270-27A which relate to the development, unit, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. At no time shall the municipality hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy bond shall be released upon the issuance of a permanent certificate of occupancy with regard to the development, unit, building, or phase as to which the temporary certificate of occupancy relates.
D.
Safety and stabilization bond. In addition to a performance guarantee required pursuant to § 270-27A, a developer shall furnish to the municipality a separate guarantee, referred to herein as a "safety and stabilization bond," in favor of the municipality, to be available to the municipality solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
(1)
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure.
(2)
Work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality's intent to claim payment under the bond.
(3)
The municipality shall not provide notice of its intent to claim payment under a safety and stabilization bond until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The municipality shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.
(4)
The amount of a safety and stabilization bond for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
(5)
The amount of a safety and stabilization bond for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: $5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.
E.
Extension of time. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.
F.
Liability. If the required bonded improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may, either prior to or after the receipt of the proceeds thereof, complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
G.
Request for list of uncompleted or unsatisfactory completed improvements. Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 270-27A, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request. The list prepared by the Municipal Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 270-27A.
H.
Action by governing body. The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee and the safety and stabilization bond relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 270-27A. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee and safety and stabilization bond, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the total performance guarantee and safety and stabilization bond posted may be retained to ensure completion and acceptability of all improvements. For the purpose of releasing the obligor from liability pursuant to its performance guarantee and safety and stabilization bond, the amount of the performance guarantee and safety and stabilization bond attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization bond to ensure completion and acceptability of all improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy bond has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%. If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section shall be followed.
I.
Maintenance guarantees. The developer shall post with the municipality, prior to the release of a performance guarantee required pursuant to § 270-27A or § 270-27B or both § 270-27A and B maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(1)
Amount of maintenance guarantee. The developer shall post with the municipality, upon the inspection and issuance of final approval of the following private site improvements by the Municipal Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.
(2)
Term. The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
J.
Engineering inspection fees. The obligor shall reimburse the municipality for reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements,which fees shall not exceed the sum of the amounts set forth in Subsection J(1) and (2) of this subsection. The developer shall post the inspection fees in escrow in an amount:
K.
Installments . For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees. For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees.
L.
Request for additional deposit. If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection J(1) and (2) of this section, is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow, provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the Municipal Engineer, which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
§ 270-28 Powers of Planning Board. [1]
A.
The Board, when reviewing applications for approval of site plans, shall have power to grant, to the same extent and subject to the same restrictions as a board of adjustment:
(1)
Variances from lot area, lot dimensional, setback and yard requirements, provided that lot area relief shall not be granted for more than one lot. This relief may pertain where by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of other extraordinary and exceptional situation or condition of such piece of property the strict application of any zoning regulation would result in undue hardship upon the developer; provided, however, that no relief shall be granted to allow a structure or use in a district restricted against such structure or use.
(2)
Direction by an affirmative vote of a majority of the full authorized membership of the Board for issuance of a permit for a building or a structure in the bed of a mapped street or public drainageway, flood control basin or public area, if the parcel cannot yield a reasonable return to the owner unless a building permit is granted, which will as little as practicable increase the cost of opening such street or tend to cause a minimum change to the Official Map, subject to reasonable conditions to promote the health, morals, safety and general welfare of the public.
(3)
Direction for issuance of a permit for a building or a structure which does not abut a street duly placed on the Official Map or an existing state, county or municipal street or highway, or shown upon a plat approved by the Planning Board, or shown on a plat duly filed in the County Clerk's office prior to passage of the first zoning ordinance of the Borough, and certified to be suitably improved, or its improvement assured by an approved and adequate performance guarantee, where denial of the permit would entail practical difficulty or unnecessary hardship or where circumstances do not require the building or structure to be related to a street, subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map, if any, or on the general circulation plan element of the Borough Master Plan, if any.
B.
If relief is requested under this section, notice of a hearing shall include reference to the request for a variance or direction for issuance of a permit as the case may be.
§ 270-29 Time periods.
A.
When a site plan application includes a request for a variance, it shall be granted or denied within 95 days of receipt of a complete application or such further time as consented to by the applicant. Failure to act within this time shall constitute approval, and a certificate to such effect shall be issued on request of the applicant by the Planning Board Secretary.[1]
B.
Whenever review or approval of the application by the County Planning Board is required, the Borough Planning Board shall condition its approval upon timely receipt of a favorable report by the County Planning Board or approval by its failure to report thereon within the required time period.
§ 270-30 As-built plans. [1]
The developer shall comply in every respect with the site plan finally approved by the Board. In the event that changes are necessary, they shall require approval by the Board prior to any installation construction in order to conform to the original site plan. Plans of the improvement as built and installed by the developer shall be filed by the developer with the Planning Board Secretary within 30 days after completion of improvements as a condition of release of the performance guarantee.[2]