Hightstown City Zoning Code
ARTICLE 28
23 Site Plan Review
§ 28-23-1 Site plan approval required.
[1991 Code § 233-49; Ord. No. 2000-29]
In addition to all other powers granted to the Planning Board, in all cases where a building other than a single-family house is to be erected, moved, altered, enlarged or rebuilt or where there is a change in use to any use other than single-family residential, the site plan for the same shall be approved by the Planning Board according to the following standards and submission requirements, except that no site plan approval shall be required when the proposal consists only of the erection, alteration or replacement of a sign or other alteration which does not affect building coverage or result in the need for additional parking. No building permit shall be issued for any use requiring site plan approval unless such approval is granted by the Planning Board.
§ 28-23-2 Application.
[1991 Code § 233-50; Ord. No. 2000-29]
A.
The applicant shall submit an application for preliminary site plan approval through the Administrative Officer. All plans shall be drawn by a land surveyor licensed in New Jersey. The following shall be required:
(1)
Sixteen copies of the application and 16 prints of the preliminary site plan shall be submitted for distribution to the Planning Board Secretary and members, the Planning Consultant, the Zoning Officer, the Planning Board Attorney and the Borough Engineer.
(2)
The preliminary plan shall show, as a minimum, the following information at a scale of not less than one inch equals 50 feet:
(a)
The site for which application is being made, identified by the Borough Tax Map block and lot numbers and the names of all property owners within 200 feet.
(b)
Existing uses of land and zoning districts surrounding the site for a distance of at least 200 feet from the applicant's site, in mapped form.
(c)
The type of structure which is proposed, including information on color and materials, illustrated by a preliminary floor plan sketch and preliminary front, side and rear elevations, drawn to scale. Accessory structures shall also be shown. If applicable, commercial areas to be used for outdoor selling or display shall be noted.
(d)
The proposed on-site circulation system, including both vehicular and pedestrian access- and egress ways, and service roads, if applicable, and type of connection with existing arteries.
(e)
If required, the location and design of on-site parking facilities, drawn to the required scale at the dimensions contained in § 28-2-2.
(g)
An estimate of the number of employees who will be using the site on a full- or part-time basis, if a nonresidential use of land.
(h)
Landscaping and/or screening proposals, including the type, size and location of the planting, trees and shrubs and any recreational facilities.
(i)
The connection to municipal sewers or the location and type of disposal system acceptable to the Borough Engineer.
(j)
A comprehensive plan for sewers, water and drainage. The drainage plan shall include existing and proposed contours at one foot intervals.
(k)
The location, height, length, thickness and area, in square feet, of all signs.
(l)
In addition to other site plan requirements, site plans for nonresidential uses of land shall contain sketches, drawn to scale, indicating the color, design and material of signs to be utilized. Such sketches shall be accompanied by a brief narrative explaining the lighting mechanism, if any.
(m)
The relationship of the proposed development plan to the development of the entire parcel, if the subject plan is a part of a larger parcel.
(n)
The location and size of any proposed easement, right-of-way or area to be dedicated to the public.
B.
Applications and maps shall be filed at least 15 business days prior to a regular meeting of the Planning Board, and shall be accompanied by a fee as set forth in § 26-4-4. Such fee shall be turned over to the Borough Chief Financial Officer by the Administrative Officer. In the event that the preliminary site plan and application are revised, an additional fee shall be paid at the time of filing of the revised preliminary site plan or any subsequently revised preliminary site plan, as set forth in § 26-4-4.
C.
If an application for preliminary site plan approval is found to be incomplete, the Planning Board shall so determine by resolution and shall, by resolution, direct its Secretary to so notify the applicant within 45 days of the submission of the application or the application shall be treated as a complete application.
§ 28-23-3 Time for decision.
[1991 Code § 233-51]
A.
Less than 10 acres and fewer than 10 dwelling units. 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 approving authority 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 applicant, except that if the application for site plan approval also involves an application for relief, pursuant to N.J.S.A. 40:55D-60, the approving authority shall grant or deny preliminary approval within 95 days of the date of submission of a complete application, or within such further time as may be consented to by the applicant. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee. If an application for development is found to be incomplete, the developer shall be notified, in writing, of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the submission of such application, or it shall be deemed to be properly submitted.
B.
More than 10 acres or more than 10 dwelling units. Upon the submission of a complete application for a site plan of more than 10 acres or more than 10 dwelling units, the approving authority 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 applicant. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee. If an application for development is found to be incomplete, the developer shall be notified, in writing, of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the submission of such application, or it shall be deemed to be properly submitted.
C.
By Planning Board. Upon submission to the Planning Board of a complete application for site plan approval pursuant to N.J.S. 40:55D-76B, the Planning Board shall grant or deny approval within 120 days of the date of such submission or within such further time as may be consented to by the applicant. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee. If an application for development is found to be incomplete, the developer shall be notified, in writing, of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the submission of such application, or it shall be deemed to be properly submitted.
§ 28-23-4 Amended application; preliminary approval.
[1991 Code § 233-52]
If the Planning Board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for site plan approval shall be submitted and proceeded upon as in the case of the original application for site plan approval. The Planning Board shall, if the proposed development complies with this chapter and the Municipal Land Use Law of the State of New Jersey, grant preliminary site plan approval.
§ 28-23-5 Rights of applicant.
[1991 Code § 233-53]
A.
Preliminary approval of a site plan shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements.
(2)
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the site plan.
(3)
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards shall govern.
§ 28-23-6 Extension of preliminary approval.
[1991 Code § 233-54]
The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration:
A.
The number of dwelling units and nonresidential floor area permissible under preliminary approval.
B.
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval.
C.
Economic conditions.
D.
The comprehensiveness of the development, provided that if the design standards have been revised, such revised standards shall govern.
§ 28-23-7 Final approval.
[1991 Code § 233-55; Ord. No. 2000-29]
A.
Submission. Application for final site plan approval, if desired, shall be submitted before the expiration date of preliminary approval, which date shall be set by resolution of the Planning Board, but shall not be more than three years after the date of preliminary approval. Such application shall be accompanied by a fee as set forth in § 26-4-4. If revised, an additional fee shall be paid at the time of filing of the revised final plan or any subsequently revised final plan, as set forth in § 26-4-4.
B.
Requirements. The application for final approval shall contain, in final form, the same material contained in § 28-23-2A(2) and shall be submitted and reviewed in the same manner as prescribed in §§ 28-23-2B and C and 28-23-4.
C.
Final approval: time limits.
(1)
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.
(2)
Final approval shall be granted or denied within 45 days after submission 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 final approval, and a certificate of the Administrative Officer as to the failure to the Planning Board to act shall be issued on request of the applicant.
§ 28-23-8 Approval by County Planning Board.
[1991 Code § 233-56]
Whenever review or approval of the application by the County Planning Board is required pursuant to N.J.S.A. 40:27-6.6, in the case of a site plan, the Borough 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.
§ 28-23-9 Exceptions.
[1991 Code § 233-57]
The Planning Board, when acting upon applications for site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of the ordinance if the literal enforcement of one or more provisions of this chapter is impracticable or shall exact undue hardship because of peculiar conditions pertaining to the land in question.
§ 28-23-10 Site plan review simultaneous with review for subdivision approval.
[1991 Code § 233-58]
The Planning Board shall have the power to review and approve or deny 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 or site plan approval, shall apply.
§ 28-23-11 Time limits; extensions.
[1991 Code § 233-59]
The zoning requirements applicable to the preliminary approval first granted, and all other rights conferred upon the developer pursuant to § 28-23-5 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 this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 28-23-5 for the section granted final approval.
§ 28-23-12 Building permit required.
[1991 Code § 233-60]
Final site plan approval shall become null and void unless a building permit is obtained within one year of the granting of final site plan approval.
§ 28-23-13 Reports of Planning Board actions.
[1991 Code § 233-61]
In every case the Planning Board shall communicate its action to the Construction Official, in writing, upon completion of its review.
§ 28-23-14 Standards for approval.
[1991 Code § 233-62; Ord. No. 93-852]
A.
General requirements. In considering and approving a site plan, the Planning Board shall take into consideration the public health, safety and general welfare, the conveniences of the public in general and the effects on the neighborhood in particular. The Planning Board may attach such conditions and safeguards as preconditions to approval of such plans as, in the Board's opinion, may be necessary to protect adjoining premises from the effect of unsightly rear or side elevations, the location and disposition of refuse, storage or other service areas, incinerators, parking and loading areas and accessory uses of land in the furtherance of the general purpose and intent of this chapter and in harmony therewith. In particular, the following shall be required:
(1)
Consistency of the layout or arrangement of the site plan with the requirements of the Zoning Chapter.
(2)
Streets or driveways on the site of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for fire-fighting and emergency equipment to buildings.
(3)
Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants.
(4)
The proper use of land subject to flooding to avoid danger to life or property in accordance with Chapter 24, Flood Damage Prevention.
(6)
Protection from excessive stormwater runoff from the site resulting from development of the site. This may require constructing stormwater detention facilities upon recommendation of the Borough Engineer and/or the Mercer County Planning Board.
B.
Specific design requirements. In addition, site plan review shall relate to:
(1)
The preservation of existing natural resources on the site.
(2)
The safe and efficient vehicular and pedestrian circulation, parking and loading. All proposed traffic accessways shall be adequate in number, width, grade, alignment and visibility to serve the proposed use without jeopardizing the safety of pedestrians on abutting sidewalks or that of passing vehicular traffic. Such traffic accessways shall not be located too near street corners or other places of public assembly. In addition, off-street parking space shall be provided in an amount sufficient to minimize curb parking of vehicles belonging to persons connected with or visiting the proposed use. Parking layout shall result in the most efficient and safe use of the parking area, and the interior road network and parking aisles, if any, shall provide safe access to all required off-street parking facilities as well as the public streets serving the site.
(3)
Screening, landscaping and location of structures. All play, parking and service areas and any and all other features of the proposed development which may exert a deleterious effect on adjoining premises shall be screened, at all seasons of the year, from the view of such premises and of adjoining streets. The general landscaping of the site shall be appropriate, readily maintained and in character with that prevailing in the neighborhood.
(4)
Exterior lighting needed for safety reasons, in addition to any requirements for streetlighting. Exterior lighting of all yards, parking lots and storage areas shall be provided in an amount adequate to provide for the safety of persons using the site.