Freehold Township City Zoning Code
ARTICLE VI
Site Plan Procedure
§ 190-37 Applicability.
B.
Except as hereinafter provided, no building or zoning permit shall be issued for any building or use or structure, or reduction or enlargement in size or other alteration of any building or structure or change in use of any building including accessory structures and outdoor storage and sales areas unless a site plan is first submitted and approved by the Planning Board, and no certificate of occupancy shall be given unless all construction and development conforms to the plans as approved by the Planning Board. The following minor building modifications may be reviewed the Zoning Officer and, if acceptable approved by issuance of a zoning permit without requiring a hearing before the Planning Board:
[Amended 2-21-2023 by Ord. No. O-23-2]
(1)
Replacement of any siding with the same as or consistently similar material.
(2)
Replacement of any roofing with the same as or consistently similar material.
(3)
Replacement of windows or doors in the same rough opening without altering the dimensions or framing.
(4)
Replacement or installation of gutters or leaders.
(5)
Replacement or installation of shutters.
(6)
Replacement of a building facade without altering the architectural theme of the building the fenestration of the facade, or the overall size of the facade by more than 10% in any dimension.
C.
Site plan approval shall not be required for any detached one- or two-dwelling-unit buildings or any uses accessory thereto, such as a private garage or storage shed incidental to residential uses; farm stands (as defined in § 190-3) or accessory nonresidential buildings less than 1,000 square feet in floor area and the construction of which results in less than a ten-percent increase of lot coverage, but this shall not limit the requirements for submission and approval of plats as otherwise required by chapter.
D.
Conceptual site plan approval may be granted by the Planning Board for nonresidential buildings or uses which are located on sites of 50 acres or more within the ROL, B-10, CMX-4, VC and M-2 Zones and which have a floor area of more than 200,000 square feet; such approval shall be for limited purposes and shall entitle the developer to initiate construction of building foundations as well as temporary construction facilities such as roadways, parking areas, office facilities, sanitary facilities, utilities, indoor and outdoor material and equipment storage facilities and rough grading at the building area. Conceptual site plan approval shall not constitute full site plan approval as set forth above. Conceptual site plan approval is limited to the building foundation and rough grading for the building area.
E.
Applications for conceptual site plan approval shall comply with § 190-38. Requests for waiver of specific items shall be made in writing to the Planning Board. The Township may require a developer's agreement and/or the posting of performance guarantees when temporary site improvements located on site affect off-tract uses, drainageways and facilities, roadways and/or community facilities and services. Reasonable fees for conceptual site plan review, interim site improvement inspections and coordination with Township, county, state and federal agencies may be assessed as part of the developers agreement.
§ 190-38 Submittal procedure for minor site plans.
A.
The applicant shall submit a complete application for minor site plan to the administrative officer. The time for review shall not begin to run until the submission of an application with the required fees and supporting documents has been deemed complete, unless the applicant is informed in writing by the administrative officer within 45 days of the actual and timely receipt of approval by the County Planning Board or other agencies as may be required.
B.
A complete application for preliminary approval shall consist of the following:
(1)
A properly completed site plan information form available from the administrative officer;
(2)
Three copies of the paper print of the site plan for purposes of determining completeness by the administrative officer. Upon determination of completeness, 15 copies of the paper print of the site plan on which the following is set out:[1]
(a)
Scale, written and graphic not to exceed one inch equals 30 feet;
(b)
North arrow, locator map showing all road intersections and municipal boundaries if applicable within 500 feet;
(c)
Wooded areas and topography with two-foot intervals, except where the slope exceeds 15%, in which case contour intervals may be five feet, freshwater wetlands, wetlands transition areas, one-hundred-year floodplains;
(d)
All lot lines, approximate location of all structures, and owners of lots within 200 feet of the site;
(e)
Streets, easements, watercourses and rights-of-way;
(f)
Utility and drainage plans and information;
(g)
Preliminary plans for elevations and locations of structures;
(h)
Preliminary plans for parking, lighting, loading, signs, landscaping, and buffers, ingress, egress and circulation plan for vehicular and pedestrian traffic;
(i)
An extension of off-tract improvements necessitated by the proposed development;
(j)
A soil erosion and sedimentation control plan pursuant to the requirements of N.J.S.A. 4:24-39 et seq. and Township ordinances adopted pursuant thereto;
(k)
The lot and block number, Tax Map sheet number, exact dimensions and acreage of property to be built upon;
(l)
A survey prepared by a licensed surveyor of the State of New Jersey shall accompany the site plan;
(m)
A tree saving and tree clearing plan which shall indicate the following:
[5]
Designation of all existing wooded areas on the site.
[6]
Designation of all wooded areas to remain after development of the site.
[7]
Designation of all items identified in numbers Subsection B(2)(m)[1] through [4] above which shall be:
[9]
If in the opinion of the Forester any of the foregoing required information is not necessary and would represent the unnecessary expenditure of funds to the developer, the Forester shall, after visiting the site, make a written recommendation of waiver to the Planning Board which shall give substantial weight to the Forester's opinion.
(n)
The following legends shall be on the site plan map:
[Amended 12-22-2015 by Ord. No. O-15-26]
SITE PLAN OF | |||
LOT _____ | BLOCK _____ | ZONE _____ | |
DATE _____ | SCALE | ||
APPLICANT | |||
ADDRESS | |||
I CONSENT TO THE FILING OF THIS SITE PLAN WITH THE PLANNING BOARD | ||
(Owner) | (Date) | |
I HEREBY CERTIFY THAT I HAVE PREPARED THIS SITE PLAN AND THAT ALL DIMENSIONS AND INFORMATION ARE CORRECT. | ||
(Name) | (Title and License No.) | |
I HAVE REVIEWED THIS SITE PLAN AND CERTIFY THAT IT MEETS ALL CODES AND ORDINANCES UNDER MY JURISDICTION. | ||
(Date) | (Municipal Engineer) | |
To be signed before issuance of a building permit: | ||
I HEREBY CERTIFY THAT ALL THE REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR A BOND POSTED IN COMPLIANCE WITH ALL APPLICABLE CODES AND ORDINANCES. | ||
(If Improvements Installed) | ||
(Township Engineer) | (Date) | |
(If Bond Posted) | ||
(Township Clerk) | (Date) | |
Building Permit Issued | (Date) | |
APPROVED BY THE PLANNING BOARD/(Preliminary ) __________ | ||
(Final __________ | ||
(Chairman) | (Date) | |
(3)
Architect's certification setting forth the gross floor area categorized according to the following categories of nonresidential structures and additions to nonresidential structures:
C.
Other information. The Planning Board may require other information and data for specific site plans. These data may include but are not limited to geologic information, water yields, flood data, environmental information, traffic counts, road capacities, market information, and similar material. A site plan application shall not be deemed complete until such additional information is received.
[Amended 12-22-2015 by Ord. No. O-15-26]
D.
Compliance with other ordinances. Information and documents required for other Township codes and ordinances, such as environmental impact statements, soil erosion and sedimentation plans, stormwater management plans, shall be submitted as part of site plan approval and may be used to comply with site plan submission requirements where applicable.
E.
No application for site plan approval shall be deemed complete in the absence of proof that a plan for soil erosion and sedimentation control has been submitted to the reviewing authority pursuant to the requirements of N.J.S.A. 4:24-39 et seq. or proof that such a plan is not required by said statute for the particular application. If the reviewing authority has failed to grant or deny certification of the erosion plan at the time of preliminary approval of applicant's site plan, preliminary approval shall be conditioned on certification of applicant's erosion plan.
F.
Distribution of site plan. The administrative officer shall distribute the site plan for review and report and where required, approval, as follows:
[Amended 12-27-2005 by Ord. No. O-05-48]
(1)
Planning consultant: one copy.
(2)
Township Engineer: one copy.
(3)
Zoning Officer or Assistant Zoning Officer: one copy.
[Amended 10-13-2009 by Ord. No. O-09-26]
(4)
Township Board of Health: one copy.
(5)
Shade Tree Commission: one copy.
(6)
Environmental Commission: one copy.
(7)
Planning Board Secretary: nine copies.
[Amended 12-22-2015 by Ord. No. O-15-26]
(8)
The Forester: one copy.
(9)
Such other agencies as may be directed by the Board.
G.
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 years after the date of minor site plan approval.
§ 190-39 Time for decision.
A.
Upon the receipt by the administrative officer of a complete application for a site plan which involves 10 acres of land or less, and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date upon which the application is deemed complete or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for a relief pursuant to § 190-19, the Planning Board shall grant or deny preliminary approval within 95 days of the date upon which application is deemed complete or within such further time as may be consented to by the applicant.
B.
Upon the submission of a complete application for a site plan which involves 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 upon which the application is deemed complete or within such further time as may be consented to by the applicant. Otherwise, the Planning Board shall be deemed to have granted preliminary approval.
D.
Failure of the Planning Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the site plan as submitted.
[Amended 12-22-2015 by Ord. No. O-15-26]
E.
If the reviewing 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 reviewing board shall, if the proposed development complies with this chapter, grant preliminary site plan approval.
F.
Nothing herein shall be construed to limit the right of a developer to submit a sketch plan to the reviewing board for informal review, and neither the reviewing board nor the developer shall be bound by any discussions or statements made during such review, provided that the right of the developer at any time to submit a complete application for site plan approval shall not be limited by his submittal of a sketch plan and the time for the reviewing board's decision shall not begin to run until the date upon which the application is deemed complete.
§ 190-40 Public hearing.
A public hearing shall be held on all applications for site plan approval.
§ 190-41 Final approval.
A.
The reviewing board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established hereunder for final approval and the conditions of preliminary approval.
B.
Final approval shall be granted or denied within 45 days of the date upon which the application is deemed complete or within such further time as may be consented to by the applicant.
C.
A complete application for final approval shall consist of the following:
(1)
A completed final site plan approval form, one translucent Mylar film, 15 site plan black-on-white copies, a copy of the resolution granting preliminary site plan approval, payment of final site plan application fees and the payment of all site plan inspection fees; the final plat, final plans and final as-built plans on a CD (compact disk) in a .dxf CADD format or other format approved by the Township Engineer.
[Amended 12-27-2005 by Ord. No. O-05-48]
(2)
The reviewing board, when acting upon application for site plan approval, shall have the power to grant such exceptions or waivers from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question and the project is minimal and would continue to reflect overall conformity to the Master Plan. Any exception granted pursuant to this section shall be certified to the Zoning Officer in writing.
§ 190-42 Guarantees required.
As a condition of final site plan approval, the reviewing board may require and shall accept guarantees in accordance with the standards adopted by § 190-52 for the purpose of assuring the installation and maintenance of on-tract improvements.
§ 190-43 Design standards.
§ 190-44 Review of capital projects.
[Amended 10-28-2014 by Ord. No. O-14-13]
A.
Pursuant to N.J.S.A. 40:55D-31, whenever any public agency as defined in said statute shall propose a project to which the statute applies, it shall submit such project to the Planning Board of the Township for review and recommendations which shall include such information as shall be required in order for the Board to conclude its review and take action in accordance with the statute regarding compatibility of the project with the Master Plan of the Township of Freehold.
B.
Such submittal by any public agency shall not be deemed to be a development application, and notice of the public hearing associated with development as set forth in this ordinance and the statute shall not apply.
§ 190-45 Sales map.
Any developer who has obtained a final approval of a site plan which includes residential units shall comply with the sale map requirement set forth in § 190-63.