Lebanon Township City Zoning Code
ARTICLE IV
Site Plan Review
§ 400-24 When required; exemptions.
[Amended by Ord. No. 3-1998]
A.
Prior to the issuance of a permit for any development other than for detached one- or two-dwelling-unit residential buildings, and as a condition for the issuance of any such permit for development, a site plan prepared by a L.S., P.E., R.A., or P.P. shall be submitted to the Planning Board for its review and approval, except that the resolution of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a site plan pursuant to N.J.S.A. 40:55D-76. This requirement shall be applicable for any addition to or alteration of an existing structure or of parking facilities related to any structure; to any change in use of a structure other than those herein exempted, or to removal of vegetation or disturbance of soil in an area of over 5,000 square feet except for agricultural purposes.
B.
In the event that the change in use will not require a building permit, nor any permit from Hunterdon County Soil Conservation Service, nor an additional requirement for off-street parking, then an applicant shall file an application for exemption[1] from the other requirements set forth herein. The Planning Board shall review each request for exemption at a meeting and consider evidence, comments of its professionals and the public, and act upon the request to grant the exemption or reject the request and require the applicant to file the formal site plan as otherwise required herein. The fee for the exemption application is included in Chapter 205, Article II, Fee Schedule. The application for exemption shall be on a form provided by the Planning Board.
[Amended 4-18-2007 by Ord. No. 2007-7]
[1]
Editor's Note: The application for exemption referred to herein may be found at the end of this chapter.
§ 400-25 Preliminary site plan.
[Amended by Ord. No. 2-1993]
A.
Submission requirements for tentative approval. The preliminary site plan and any engineering and architectural documents required shall be in tentative form for discussion purposes for preliminary approval. If the submission of the developer is found to be incomplete, the developer shall be notified thereof within 45 days of the submission of the application or it shall be deemed to be properly submitted.
B.
Time for decision.
(1)
Upon the submission to the secretary of a complete application for preliminary site plan for 10 acres of land or less, and 10 dwelling units or less, the 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 applicant.
[Amended 4-18-2007 by Ord. No. 2007-7]
(2)
Upon the submission of a complete application for a preliminary site plan for more than 10 acres, or more than 10 dwelling units, the 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 applicant.
[Amended 4-18-2007 by Ord. No. 2007-7]
(3)
If not acted upon within the above time limits or extension thereof, preliminary approval of the site plan shall be deemed to have been granted.
C.
Decisions.
(1)
The Board shall grant preliminary site plan approval if the proposed development complies with the requirements of this section.
(2)
If the site plan is denied, the reasons for denial shall be stated upon the records of the Planning Board.
(3)
The 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 and approval in this section, if the literal enforcement of one or more provisions of this section is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question, or relating to the proposed use. In any such case, the Board shall, in its resolution, set forth its findings of fact and conclusion of law. The Board shall also reserve the right to make an adjustment of the fees in accordance with the schedules set forth herein.
(4)
If the Board acts favorably on the preliminary site plan, the Chairman and Secretary shall affix their signatures to the site plan.
§ 400-26 Effect of preliminary approval.
Preliminary approval of a site plan shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval:
A.
The general terms and conditions on which preliminary approval was granted shall not be changed.
B.
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 preliminary site plan.
C.
The Board may grant extensions of 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.
D.
The Board may grant all of the above rights for a period of time longer than three years for a site plan with an area of 50 acres or more. Such length of time shall take into consideration the number of dwelling units, the economic conditions and the comprehensiveness of the development among others. The Board may grant an extension of preliminary approval for such additional periods of time as shall be determined by the Planning Board and for the same reasons as stated above. In granting any extensions, the Planning Board may attach reasonable conditions to the extension, such as a required timetable of development.
§ 400-27 Filing.
The Secretary of the Board approving a preliminary site plan shall certify two full sets, on each page, with an appropriate stamp showing date of approval, file number, Chairman's signature and Secretary's signature. One set shall be given to the applicant, and one set shall be retained in the official files of the Board.
§ 400-27.1 Minor site plan.
[Added 11-4-2009 by Ord. No. 2009-09]
Information required for minor site plan approval is as follows:[1]
A.
One original and 13 copies of the application form.
B.
Fourteen copies of the plans, which need not be prepared by a professional land surveyor, professional engineer or professional planner, provided that the information is clearly shown, is drafted to scale upon a previously prepared survey of the subject property, and is reproducible for record keeping purposes.
C.
Acreage of the property, north arrow and approval signature lines.
D.
Existing block and lot numbers of the subject lots as they appear on the Township Tax Map.
E.
Photographs (14 sets) from perimeter of property into the subject property, with a sketch indicating from where the photographs were taken.
F.
Photographs (14 sets) from perimeter of property into adjacent sites, with a sketch indicating from where the photographs were taken.
G.
The location of existing and proposed structures, parking areas and driveways on the site.
H.
The zoning district within which the property is located, including the schedule of applicable zoning requirements pursuant to Chapter 400, Schedule 1.
I.
Existing vegetation on site and proposed landscaped areas.
J.
Floor plans of existing and proposed buildings and structures on site, with a clear delineation and square footage calculations.
K.
Existing and proposed building and lot coverage of the property.
L.
Proposed hours of operation.
M.
Existing and proposed signage and lighting on the property.
N.
An identification and description of all vehicles and pieces of equipment (type and size) on the property at any time, with an identification of which vehicles will be garaged on site and where such vehicles will be garaged.
O.
A brief narrative description of the use, indicating any delivery or pickup services, equipment used, nature of activity, products and/or clientele, the nature of sounds emitted from the site, and a description of any equipment that may cause interference with radio or television reception.
P.
The names of all property owners within 200 feet as they appear on the most recent tax list prepared by the Township Tax Assessor.
Q.
Application and escrow fees.
R.
Certificate from the Township Tax Collector that all taxes and assessments are paid to date.
S.
Affidavit of property ownership.
T.
Name, address and telephone number of owner.
U.
Name, title, address and license number of any professional who prepared the plan.
[1]
Editor's Note: See also the Minor Site Plan Application Checklist located at the end of this chapter.
§ 400-28 Preliminary site plan submission requirements.
An application for site plan review made in conjunction with an application for a use variance shall be filed simultaneously with the application to the Zoning Board of Adjustment unless the applicant chooses to submit a separate application in accordance with N.J.S.A. 40:55D-76b after the use variance has been approved.
§ 400-29 Design standards and required site improvements.
[Amended by Ord. No. 2001-25]
Each site plan shall provide for the following:
B.
Safe and efficient vehicular and pedestrian circulation.
C.
Off-street parking and loading.
D.
Adequate screening and landscaping.
E.
Exterior lighting.
F.
Adequate water supply, drainage, percolation tests, soil logs, sewage facilities and other utilities necessary for essential service to visitors, residents and occupants.
G.
Any area reserved for public use shall be of suitable size, shape and location to serve its intended purposes.
H.
No development shall take place in a delineated floodway area, and shall be permitted in a delineated flood fringe area only where it is determined by the Township Engineer that the first floor elevation will be above the flood level, and that construction and landfilling will not significantly increase flooding in other areas.
I.
Adequate protection and conservation of soils through the submission of an erosion and sedimentation control plan approved by the appropriate authority for all site plans that will result in disturbance of 5,000 square feet of land or more.
J.
Standards for the grading, improvement and construction of roads or driveways and for any required walkways, curbs, gutters, lights, drainage, sewage facilities and other improvements found necessary shall be provided by the Township Engineer. Where certain utilities or improvements to be installed are under other governmental authority or jurisdictions, the standards shall be provided by those jurisdictions and shall be adhered to by the applicant. A letter approving the proposed installations and a statement as to who will carry out the construction shall be required.
K.
Any off-tract water, sewer, drainage or street improvements required as a result of land development shall be paid for by the developer on a pro rata basis as determined by the Board. The costs shall be determined by proportioning the benefit to the site in relation to the benefit of the entire area being served, as specified in the standards set forth in the Chapter 330, Subdivision of Land.
L.
All taxes and assessments against the site shall be paid prior to the Board considering any application for preliminary approval.
§ 400-30 Preliminary site plan detail.
[Amended by Ord. No. 11-1983; Ord. No. 16-2000; Ord. No. 2001-32]
A.
Site plan details are primarily for the use of the Board to establish criteria required to make decisions and recommendations. The following documents shall be provided for a preliminary site plan review. In some circumstances, additional information beyond these may be required of the applicant. Surveys, the general plan, grading and utility plans, landscaping plans, architectural plans, and elevations may be indicated on separate drawings and documents. The scale shall not be smaller than one inch equals 20 feet or on sheets exceeding 24 inches by 36 inches. The following details shall be indicated:
(1)
Title, key map location of development, the name and address of record owner and/or development applicant, and person preparing the site development plan.
(2)
Proposed use or uses of the land and buildings.
(3)
Seals and graphic scale.
(4)
North arrow.
(5)
Survey of the property prepared by a licensed surveyor showing boundaries of properties, line of all existing streets and roads, easements, rights-of-way and areas dedicated to public use within 200 feet of the property.
(6)
Existing and proposed buildings with dimensions showing, with first floor elevation, present and finished grade elevations at all corners and entrances. Present buildings and structures to be removed should be indicated.
(7)
Topographic map to delineate existing contours at two-foot intervals, up to 10 feet beyond property lines, as well as proposed grading and contours, wooded areas, trees (where six inches or greater in diameter), floodplains, ponds, streams and drainage ditches, etc.
(8)
Location of all existing and proposed structures; i.e., walls, fences, culverts, bridges, roadways, etc., with grade elevations for each structure.
(9)
Existing zoning district and of any different district within 200 feet of the property.
(10)
Distance of the property line (measured along the center line of existing streets abutting the property) to the nearest intersection.
(11)
Building and setback lines.
(12)
Locations of all existing and proposed utility structures and lines, including stormwater drainage, both on site and to closest receiving stream and all soil logs and percolation tests including those that fail to meet state standards.
(13)
Location and size of the entire lot or lots in question, square feet of contiguous lots owned by the applicant or owner of record, or in which the applicant or owner of record has a direct or indirect interest, even though only a portion of the entire property is involved in site plan development. Provide on a key map, if necessary.
(14)
All proposed easements and public and community areas.
(15)
Indicate means of vehicular ingress to and egress from the site onto public roads, showing the size and location of driveways, curb cuts and curbing, sight lines, and radii.
(16)
Location and design of off-street parking areas, showing size, internal circulation, traffic patterns, parking space, aisles, driveways, curbing, barriers and wearing surface finished and construction.
(17)
Location, arrangement and dimensions of truck loading and unloading platforms and docks.
(18)
Provisions for refuse and garbage disposal.
(19)
Provisions for screening.
(20)
Existing or proposed exterior lighting (freestanding and/or on building) for size, nature of construction, lumens, heights, area and direction of illumination, footcandles produced, as well as time controls proposed for outdoor lighting and display.
(21)
Existing and proposed signs and their sizes, construction and location, height and orientation, including all identification signs, traffic directional signs and arrows, freestanding and facade signs and time control for sign lighting, if any.
(22)
Location, dimensions and construction of off-site walks and on-site exits, walks and sidewalks, with provision for pedestrian safety, accessways and, where necessary, a bicycle system and racking.
(23)
Proposed screening, green areas, landscaping and fencing as part of a planting plan and schedule (sizes, types, number) prepared by a qualified landscape architect or landscape designer.
(24)
Improvements to adjoining roads, traffic control devices necessary in roads or highways, acceleration and deceleration lanes, paving and land dedication.
(25)
Copies of covenants, deed restrictions, and easements intended to cover any of the development site.
(26)
Elevations, sketches, renderings, or pictures of any new buildings or structures.
(27)
Preliminary architectural floor plans and elevations.
(28)
Appropriate places for signatures and date of approval of the Chairman and Secretary of the Board.
(29)
Total floor area and proposed use of entire structure and floor area.
§ 400-31 Final site plan.
A.
Submission of final site plan.
(1)
A final site plan and supporting drawings and documentation constitute the complete development of the site plan proposal and become the basis for the construction of the plan and inspection by the Township.
(2)
The site plan and any engineering and architectural documents required shall be in final form and accurate for final approval and construction.
(3)
The applicant may, at his option, submit a final site plan in stages to include only a portion of the original preliminary site plan. Approval of the final site plan for a section shall not extend the time limit of preliminary approval for the remaining sections.
(4)
The Board shall insure that any improvements required for the site plan as a whole, which might have an adverse effect on an approved section if the remaining sections were not complete, shall be installed as a condition of approval for any section. This shall include but not be limited to roads, open space, recreation, soil and erosion control and similar improvements.
§ 400-32 Time for decision.
The Board shall grant final approval of the detailed drawings, specifications, and estimates if the application for final approval conforms to the standards established by this chapter for final approval and the conditions of the preliminary approval within 45 days after submission of a complete application to the Secretary of the Board or within such further time as may be consented to by the applicant. Failure of the 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.
§ 400-33 Effect of final approval.
A.
Final approval of a site plan shall confer upon the applicant the following rights for a two-year period after the date of final approval:
B.
The Board may extend such period of protection for good cause by extensions of one year but not to exceed three extensions.
C.
Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
D.
In the case of a site plan for 50 acres or more the Board may grant extensions of time longer than two years as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible, economic conditions and the comprehensiveness of the development among others. In granting such extension, the Planning Board may attach reasonable conditions to the extension, such as a required timetable of development.
§ 400-34 Final site plan details.
Final site plan details are primarily a refinement of the preliminary details by providing final engineering and architectural information which will be classified as site plan construction details. The final data shall include all the data, changes and conditions required on the preliminary site plan. Any changes from the preliminary site plan shall be shown on an approved preliminary site plan map.
§ 400-35 Guarantees.
A.
Prior to final site plan approval and as a condition thereof, the developer shall:
(1)
Furnish a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate as shown on the final site plan.
(2)
Provide for a maintenance guarantee to be posted with the Township Committee for a period not to exceed two years after final acceptance of the improvement in an amount not to exceed 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
B.
The amount of any performance guarantee may be reduced by the Township Committee, by resolution, when portions of the improvements have been certified by the Township Engineer to have been completed. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Township Committee by resolution.
C.
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected and the Township may either prior to or after the receipt of the proceeds thereof complete such improvements.
D.
When all of the required improvements have been completed, the obligor shall notify the Township Committee in writing, by certified mail addressed in care of the Township Clerk, of the completion of the improvements and shall send a copy thereof to the Township Engineer. Thereupon the Township Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Township Committee, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
E.
The Township Committee shall either approve, partially approve or reject the improvements, on the basis of the report of the Township Engineer, and shall notify the obligor in writing, by certified mail, of the contents of the report and action of the Board with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the Township Committee to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee.
F.
If any portion of the required improvements are rejected, the Board may require the obligor to complete such improvements, and upon completion, the same procedure of notification as set forth in this section shall be allowed.
G.
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements.
§ 400-36 Exceptions.
The regulations and standards set forth in this article are for the protection of the public health, safety and welfare of the citizens of the Township. However, if an applicant can demonstrate that because of peculiar conditions relating to the application or to the land it would be unreasonable or impossible to enforce one or more of the regulations or requirements set forth herein, or that it would exact undue hardship upon said applicant, the Boards may permit such exceptions as may be reasonable and within the general purpose and intent of the rules, regulations, and standards herein established. The Board shall in its resolution set forth its findings of fact and legal conclusions supporting said action.
§ 400-37 Joint submission.
Nothing in this article precludes a developer from submitting his preliminary and final site plan as one submission, providing all requirements of the final site plan shall be adhered to.
§ 400-38 Deviation from final site plan.
The developer shall undertake construction in substantial conformance with the approved final site plan. If there are changes of conditions beyond the control of the developer since the date of final approval, and the dedication would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan or Chapter 400, Zoning, the Planning Board may approve new deviations from the final site plan.
§ 400-39 Filing.
The Secretary of the Board approving the final site plan shall certify three full sets, on each page, with an appropriate stamp showing date approved, file number, Chairman's signature and Secretary's signature. One set shall be given to the applicant, one to the Zoning Enforcement Officer for his use and one set shall be retained in the official files of the Board.
§ 400-40 Fees.
There shall be submitted with each site plan application in order to defray the cost of review of the site plan the fees set forth in Article VII.
§ 400-41 Failure to comply.
Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit, zoning permit or certificate of occupancy, as the case may be, shall be grounds for the revocation of any building permit, zoning permit or certificate of occupancy, as the case may be. A written notice of revocation sent by certified mail by the Zoning Officer or Construction Official, as the case may be, shall specify the conditions of site plan approval which have been violated, and such revocation shall effectively terminate the validity of any building permit, zoning permit or certificate of occupancy theretofore issued.
§ 400-42 Correction of deficiencies leading to notice of revocation.
In the event of the revocation of any building permit, zoning permit, or certificate of occupancy, the applicant shall agree to correct the deficiencies which led to the revocation. Such correction of deficiencies shall include, but not be limited to:
A.
Agree to any necessary land or structural modifications.
B.
Obtain Planning Board approval that such applications are satisfactory.
C.
Obtain new permits or certificates from the Zoning Officer.
D.
Post any necessary bonds or performance guarantees as may be required by the Planning Board to insure compliance with the correction of deficiencies.
§ 400-43 Lighting.
[Added 5-18-2005 by Ord. No. 2005-07]
A. OUTDOOR LIGHT FIXTURE SHIELDED LIGHT FIXTURE
Definitions. As used in this section, the following terms shall have the meanings indicated:
An electrically powered illuminating device for nonresidential uses containing a total light source of more than 1,800 initial lumens per fixture (this is greater than a single one-hundred-watt incandescent, or two seventy-five-watt reflectorized incandescent bulbs), which is permanently installed outdoors, including, but not limited to, devices used to illuminate any site, architectural structure or sign.
A light fixture with cutoff optics for nonresidential uses that allows no direct light emissions above a vertical cutoff angle of 90 degrees above nadir (straight down at perfect vertical), through the light fixture's lowest light emitting part. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.
B.
Purpose and intent. The purpose and intent of this section is to preserve the rural and historic character of Lebanon Township; to prevent misdirected or excessive artificial light, caused by inappropriate or misaligned light fixtures that produce glare, light trespass (nuisance light) and/or unnecessary sky glow from nonresidential uses; to discourage the waste of electricity and to improve or maintain nighttime public safety, utility and security. This section applies to all outdoor light fixtures for nonresidential uses outputting 1,800 lumens or greater.
C.
Outdoor lighting. All outdoor light fixtures for nonresidential uses shall be installed and maintained to comply with the following requirements:
(1)
Where used for security purposes or to illuminate walkways, roadways and parking lots, only shielded light fixtures shall be used.
(2)
Light fixtures for nonresidential uses used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall only use a narrow cone beam of light that will not extend beyond the illuminated object.
(3)
All externally illuminated building identification, other signs, or advertisements for nonresidential uses shall use shielded top-mounted light fixtures whenever feasible. When top-mounted light fixtures are not feasible, illumination from other positioned light fixtures shall be restricted to the target area. Visors or other directional control devices shall be used to keep spill light to an absolute minimum.
(4)
Other upward directed architectural, landscape or decorative direct light emissions for nonresidential uses shall have at least 90% of their total distribution pattern within the profile of the illuminated structure.
(5)
All floodlight-type fixtures for nonresidential uses, once properly installed, shall be permanently affixed in the proper position.
(6)
All externally illuminated building identification, other signs, advertisements and parking lot lighting for nonresidential uses shall be designed so that they turn off no later than 1/2 hour after closing.
D.
Light trespass.
(1)
Lighting shall not project off the property of a nonresidential use. At the property line of a nonresidential use, illumination from light fixtures shall not exceed 0.1 footcandle in a vertical plane, measured at five feet above the property line.
(2)
Outdoor light fixtures for nonresidential uses shall be installed and maintained so that there will be no objectionable direct light emissions.
E.
Prohibited lighting source types for nonresidential uses. Exterior light globes, unshielded sources, mercury vapor lights, off-site lighting of outdoor advertisements, laser source lights, searchlights, arc lights, pulsed or flashing lights shall be prohibited.
F.
Streetlighting. For roadways over which Lebanon Township has authority, the following standards shall apply:
G.
Parking lots. Parking lot lighting for nonresidential uses shall meet the requirements of this section with illumination levels as shown in Schedule A.[1]
[1]
Editor's Note: Schedule A, Maintained Illuminance for Parking Lots, is included at the end of this chapter.
H.
Plans required. Plans shall include the following:
(1)
Description of outdoor light fixtures including specifications such as lamps, reflectors, optics, angle of cutoff, supports, poles and include manufacturer's catalog cuts.
(2)
Location and description of every outdoor light fixture and the hours of operation.
(3)
Location and description of motion detectors for security lighting and the light fixtures controlled by the unit.
(5)
Photometric grid showing average footcandles every 10 feet or less.
(6)
Foundation details of light poles.
(7)
Height of mounting of light fixture.
I.
Nighttime lighting test. A nighttime lighting test/inspection shall be required prior to the issuance of a certificate of occupancy for any project requiring site plan approval. The Planning Board or Board of Adjustment, as the case may be, shall retain jurisdiction for one year from the date of the issuance of the certificate of occupancy.