Milford City Zoning Code
ARTICLE XIV
Site Plan Review Process 1
§ 190-122 Purpose.
[Amended 3-15-2021 by Ord. No. 924-2021]
In order to assure the harmonious development of all areas of the Borough in accordance with the intended appearance of each neighborhood as established by the Borough Master Plan, to assure that maximum care is exercised to preserve and enhance natural features, to preclude the creation of traffic flow or traffic safety problems, to conserve the general value of property within the Borough and to maximize efforts to assure each property owner of the right to the safe and comfortable enjoyment of his property, a site plan application for development shall be submitted for review to the Joint Land Use Board in accordance with procedures set forth in § 190-123 for review with compliance with the standards set forth below in § 190-125.
§ 190-123 Procedure.
[Amended 3-2-1987 by Ord. No. 401-87; 3-17-1997 by Ord. No. 619-97; 3-15-2021 by Ord. No. 924-2021; 7-1-2024 by Ord. No. 983-2024]
The following procedures shall be followed to secure a site plan of proposed construction or for exemption from the requirements of this chapter:
A.
Applicability.
(1)
Prior to the issuance of a construction permit or certificate of occupancy for any development, an application shall be submitted to and approved by Joint Land Use Board as provided by statute, for its review and approval in accordance with the requirements of this chapter, except that the following shall be exempt from site plan review and approval: a) subdivision applications; b) individual lot applications for detached one- or two-family dwelling unit buildings; and c) change in tenancy or change in use from one permitted use to another within existing structures where there is no:
(2)
When approval is required.
(a)
Any change in nonresidential tenancy except as otherwise exempted under § 190-123A(1) shall require Joint Land Use Board review. An applicant may apply for minor site plan approval to the Joint Land Use Board subject to the following requirements:
[1]
In order to qualify as a minor site plan application, the minor site plan must satisfy the following criteria:
[a]
It involves only a change in use or a change in tenancy of an existing building or is the first use in a new building having received site plan approval and the use is permitted in the zone or involves the tenancy for a building granted prior site plan approval but for which tenancy was not established at the time of approval.
[b]
The use does not involve the handling or storage of hazardous materials as defined in N.J.A.C. 7:1G-1 to 7:1G-5.
[c]
There is no outstanding health, fire, building code, zoning or traffic safety violations.
[d]
There are no outstanding taxes or assessments payable.
[e]
There are no changes to the exterior design or appearance of a building.
[f]
No new variances are created, or existing nonconforming conditions are expanded.
[2]
Joint Land Use Board in determining whether or not a minor site plan approval should be granted shall, as appropriate, refer the application to one or more of the following Borough employees or their approved alternates for review and comment as appropriate:
[3]
Following approval of a minor site plan, unless otherwise exempted from site plan approval pursuant to this chapter, the Zoning Officer shall issue a zoning permit authorizing the occupancy or continued occupancy, as the case may be, of the premises. No use shall commence or continue without the issuance of said zoning permit.
(b)
Where a site plan has been duly approved by the Joint Land Use Board, but where the specific use or uses of the building are not known at the time of the site plan approval, such as in the case of a speculative building, no certificate of occupancy for any part of the building shall be issued until a site plan for the specific use is approved; provided, however, that the Planning Board may review the specific use or occupancy as a minor site plan provided the application satisfies the criteria for minor site plan as established in § above.
B.
Application requirements.
(1)
Unless otherwise exempt, the applicant shall file with the Joint Land Use Board on forms provided by the Joint Land Use Board an application for site plan approval. The application shall be accompanied by such plans, necessary fees or other data specified herein and shall include a statement, in writing, by the applicant, with adequate evidence showing that the proposed site plan will conform to the standards herein specified.
(2)
In the event that the change in use will not require a building permit, nor any permit from the Hunterdon County Soil Conservation Service, nor an additional requirement for off-street parking, then an applicant shall file an application for exemption from the other requirements set forth herein. The Joint Land Use Board shall review each request for 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 shall be as prescribed in Chapter 10, Fees, of this Code. In the event that any professional fees are incurred in connection with the exemption from site plan application, those fees shall be paid by the applicant prior to issuance of any Joint Land Use Board approval. The application for exemption shall be on a form provided by the Joint Land Use Board.
C.
Preapplication conference with the Joint Land Use Board. Prior to filing a formal application for an approval of a site plan, the developer may request and shall be granted a preapplication conference with the Joint Land Use Board. The purpose of such conference is to allow the developer to present a general concept of his proposed development prior to the preparation of detailed plans. For this purpose, the presentation shall include but not be limited to:
(1)
A written letter of intent from the developer establishing his intentions as to the development of the property.
(2)
A location map and topographic survey map, including delineation of all areas which have natural slopes in excess of 15%.
(3)
Sketch plans and concepts regarding land use, building type and arrangement, density, landscaping and open area and other generalized site details.
(4)
General descriptions and tentative proposals regarding water supply, waste disposal, sewage disposal, utilities, surface drainage and circulation and parking improvements.
D.
The Joint Land Use Board shall consult with the developer with regard to all zoning and other development requirements, including state and county plans which may affect the proposed development or the procedural steps for approval.
E.
In the event that approval of the site plan would require a variance, it shall be secured by the applicant prior to submitting a formal application for site plan approval.
F.
Site plan approval.
(1)
Review by joint land use board.
(a)
Upon the submission to the administrative officer of a complete application for a site plan which involves 10 acres of land or less and 10 dwelling units or fewer, the Joint Land Use Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, the Joint Land Use Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Joint Land Use Board shall be deemed to have granted preliminary approval of the site plan.
(b)
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 Joint Land Use Board to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the Joint Land Use Board to act shall be issued on request of the applicant.
(2)
Public hearing. Prior to acting upon any application for site plan approval, a public hearing shall be held thereon in accordance with the provisions of N.J.S.A. 40:55D-10 and amendments thereto.
(3)
Action by resolution. The action of the Joint Land Use Board shall be by resolution and, in the event of disapproval, shall state the reasons therefor.
(4)
Reports; recommendations. The Joint Land Use Board may request reports or recommendations from such other Borough officials, employees or advisors and such other persons as it deems appropriate to the particular site plan.
(5)
Submission to County Planning Board. Each application for site plan approval, where required pursuant to Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), shall be submitted by the applicant to the County Planning Board for review or approval, and the Milford Borough Joint Land Use Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board. If the County Planning Board fails to report within 30 days after its receipt of a site plan, said site plan shall be deemed to have been approved by the County Planning Board. Upon mutual agreement between the County Planning Board and Milford Borough Joint Land Use Board, with the approval of the applicant, the 30-day period may be extended for an additional 30-day period.
G.
Copies of application; purpose of reports. Upon receipt of the application, the Joint Land Use Board shall review the same and, within 10 days after the next regular meeting of the Joint Land Use Board following receipt of the application, submit copies thereof to the Borough Council, the Borough Engineer, the Hunterdon County Division of Public Health Services, the County Planning Board, the Borough Board of Education and the United States Department of Agriculture Natural Resources Conservation Service, who shall, within 30 days of receipt of such copies, submit their reports to the Joint Land Use Board. Failure to submit such reports within 30 days shall indicate approval by the agency in question, unless, by mutual agreement between the Joint Land Use Board and other agency and the applicant, the 30-day period shall be extended for an additional 30-day period, and any such extension shall so extend the time within which the Borough Joint Land Use Board shall be required by law to act. The purpose of reports submitted by these bodies shall be as follows:
(1)
Borough council. From the Borough Council, a certification that the proposed sewage disposal and collection system has been approved by it.
(2)
Borough engineer. From the Borough Engineer, a certification that all matters requiring his approval under this article have been approved by him.
(3)
Hunterdon County Division of Public Health Services. From the Hunterdon County Division of Public Health Services, a certification that the proposed development complies with all of the requirements of all local and state health laws, ordinances and regulations.
(4)
Water and sewer. From the Milford Borough Sewer Utility and the Milford Borough Water Department, a certification declaring or otherwise stating that each system possesses sufficient, uncommitted capacity to accommodate the proposed development.
(5)
County planning board. From the County Planning Board, at its option, a report with respect to the effect of the proposed construction upon any county facilities or interest.
(6)
Natural resources conservation service. From the Natural Resources Conservation Service, at its option, a report and recommendation regarding soil erosion control.
H.
Issuance of building permit. Upon site approval, a building permit and other necessary approvals shall be issued forthwith upon the request of the applicant.
I.
Recorded plan to be binding. The proposed project shall be developed only according to the approved and recorded site plan and all supporting data. The recorded plan and supporting data, together with all recorded amendments, shall be binding upon the applicant, its successors, grantees and assignees and shall limit and control the use of the premises and location of structures as set forth therein.
§ 190-124 Site plan submission data.
[Amended 12-4-1989 by Ord. No. 528-89]
In addition to the application for site plan approval, the applicant shall submit the following data, plans and documentation at each phase of the site plan review process:
A.
The preapplication conference:
(1)
General site information and data regarding site conditions, land characteristics, available and proposed community facilities and utilities and related information.
(2)
A sketch plan, drawn in simple sketch form, showing the proposed location and extent of land uses, streets, landscaping, open areas and proposed density.
(3)
Legal descriptions and proof of ownership of the property.
(4)
A location map and topographic survey, including delineation of all areas which have natural slopes in excess of 15%.
(5)
Proposals for utilities.
B.
Review by Joint Land Use Board:
(1)
The name of the development, name of person or firm preparing site plan, Tax Map lot and block number and key map showing the location within the Borough.
(2)
The locations and names of all adjacent property owners within 200 feet of the applicant's property.
(3)
A site plan, at a scale of not less than one inch to 50 feet and showing setback areas, building locations, open areas, off-street parking, private internal driveways and streets, general locations and methods of handling utilities, generalized landscaping and other information required to indicate the character of the proposed development and other information required by this article.
(4)
Calculations of the total site area, frontage, lot area per dwelling unit, number of dwelling units by type, open areas and floor areas of typical units.
(5)
Boundary lines showing bearings and distances, existing and proposed easements, indicating the general location, width and purpose and streets on and adjacent to the tract and showing the right-of-way width, pavement type and pedestrian walkways and sidewalks.
(6)
Subsurface conditions, if required by the Borough Engineer, and an indication of watercourses, marshes, rock outcrops, wooded areas and other significant features.
(7)
Preliminary architectural plans for primary buildings, with sufficient detail to permit an understanding of the style of the development, the design of buildings and the number, size and type of dwelling units.
(8)
Grades of proposed driveways and roads and proposed traffic flow.
(9)
The location of existing and proposed drainage facilities.
§ 190-125 Joint Land Use Board review.
No approval of a site plan shall be given by the Borough Joint Land Use Board unless the Board shall find that:
A.
The proposed development shall not be detrimental to or endanger the public health, safety, convenience or general welfare.
B.
The development shall not be injurious to other property in the immediate vicinity nor substantially diminish or impair property values.
C.
The proposed development shall not impede the normal or orderly development and improvement of the surrounding property.
D.
Adequate utilities, access roads and other necessary community facilities are or shall be provided.
E.
Adequate measures are or shall be taken to provide ingress and egress so designed as to minimize traffic and safety conditions in the public streets.
F.
The proposed development is consistent with the objectives of the Master Plan or development scheme of the Borough.
G.
The development shall in all other respects conform to the regulations of this chapter.
H.
Adequate buffer and open area shall be available within the development so as to maintain the generalized characteristics of the Borough and the surrounding neighborhood.
I.
The Borough Engineer and Borough Council shall certify that all necessary engineering improvements are adequate and approved.
§ 190-126 Fees.
[Amended 5-3-1982 by Ord. No. 277-82]
§ 190-127 Performance guaranties. [1]
A.
Maintenance bond. No certificate of occupancy shall be issued permitting the use of any building or structure for which a building permit is issued under this article unless the Borough Engineer shall certify that all improvements required by this chapter shall be complete, and a maintenance bond, if required by the Joint Land Use Board, shall be filed with the Borough Clerk in an amount fixed by the Borough Joint Land Use Board, approved by the Borough Attorney as to form, sufficiency and execution, for the maintenance in good, healthy and attractive appearance of the lawns, trees, shrubs, gardens and other green ground cover, shown on the landscape plan as approved by the Joint Land Use Board, for a period of three years from the dates of the planting thereof. Such maintenance bond may be in the form of a maintenance agreement accompanied by a certified check payable to the Borough in the amount of the maintenance guaranty, a maintenance bond of any bonding or surety company approved by the Borough Council or any other type of surety approved by the Borough Attorney and the Borough Council. Such performance guaranty shall be returned to the developer after full compliance with the terms of the bond or maintenance agreement.
B.
Performance bond or guaranty. The Joint Land Use Board may, in its discretion, authorize the issuance of certificates of occupancy with respect to any building or structure for which a building permit is issued under this article, and, with respect to which all improvements required by this chapter shall not be complete, upon the filing with the Borough Clerk of a performance bond or guaranty sufficient in amount, in the opinion of the Joint Land Use Board, to cover the cost of all incomplete improvements required by this chapter, and, as a prerequisite to the discharge thereof, the filing of the maintenance bond hereinbefore set forth. Such performance bond or guaranty shall be approved by the Borough Attorney as to form, sufficiency and execution. If the required improvements have not been installed in accordance with the performance bond or guaranty, the obligor and surety shall be liable thereon to the Borough for the reasonable cost of the improvements not installed, and, upon receipt of the proceeds thereof, the Borough shall install such improvements to the extent of the proceeds received.
[1]
Editor's Note: For provisions of the Municipal Land Use Law with regard to maintenance and performance bonds, see N.J.S.A. 40:55D-53.
§ 190-128 Violations and penalties. [1]
The owner or agent of the building or premises where a violation of any provision of the regulations shall have been committed or shall exist, or the lessee or tenant of any part of the building or premises in which such violation shall have been committed or shall exist, or the agent, architect, builder, contractor, or any person who shall commit, take part or assist in any such violation or who shall maintain any building or premises in which any violation of this chapter shall exist, shall, for each and every violation, be punishable by a fine of not more than $2,000; imprisonment for not more than 90 days; or a period of community service for not more than 90 days. Each day that a violation is permitted to exist shall constitute a separate offense.