Mount Holly City Zoning Code
ARTICLE XI
Site Plan Review
§ 149-73 Applicability.
A.
Site plan review and approval shall be required before any change of use from that permitted within the established zone, for any use variance or conditional use permit or before any activity, such as, but not limited to, excavation, removal of soil, paving, clearing of a site or placing of any fill on lands within the Township, or before the construction of any building or enlargement in size of the exterior land area of any building, including accessory structures, unless a site plan is first submitted and approved by the reviewing Board, and no certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the reviewing Board.
[Amended by Ord. No. 1994-12]
B.
The reviewing board may waive site plan approval requirements if the construction, alteration or change of occupancy or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of the site plan review. The applicant must make a specific request to the reviewing Board indicating the precise items to be waived and indicating why this information is not essential for the Board's review. The applicant may request that an incomplete application be placed upon the reviewing Board's next meeting agenda for this determination. However, the time for the Board's review shall not begin until this determination has been made. Applications that require notice and public hearings cannot be advertised unless they are complete or the reviewing Board has formally waived the incomplete requirements. Other applications may be considered for approval by the reviewing Board simultaneously with a request for waiver of the incomplete requirements.
C.
Waiver.
[Added 4-11-2016 by Ord. No. 2016-8]
(1)
Upon submittal of a complete application and review by the Township Manager, or his/her designee, Construction Code Official and Zoning Officer, a formal site plan review may be waived if a change of use of a property is from one permitted use to another permitted use as established within the zone and the only change is that of ownership, tenant fit-out or tenant alteration. Unless the aforementioned officials determine in writing that a formal site plan review by the Zoning Board of Adjustment is required, the change of use will not be approved without application before and approval by the Joint Land Use Board.
(a)
No waiver may be granted under this provision in any case where:
[1]
The number of parking spaces required by the proposed use is increased by the standard applied to the proposed use;
[2]
There is any change to proposed footprint of the building;
[3]
There are any proposed revisions to the exterior of the building or the site; or
[4]
The proposed use is not a permitted use as established within the zone or if the use is a conditionally permitted use or if the existing use of the property is a pre-existing, non-conforming use.
(b)
In those instances, a waiver is not available and a minor site plan must be submitted for approval prior to the change of use and occupancy. Any waiver granted does not relieve the tenant, occupier or owner from obtaining a sign permit and/or variance relief, if applicable, for the replacement of any sign associated with the occupancy or use of the building or from otherwise complying with the requirements of the Township's Sign Ordinance (§ 149-88).
(2)
The fee for an application for a waiver of the requirement to obtain site plan approval for a change of a permitted use of a property shall be consistent with the fee schedule under § 149-28B(1)(a), Informal discussions fee.
§ 149-74 Considerations.
In reviewing any site plan, the Board shall consider:
A.
Pedestrian and vehicular traffic movement within and adjacent to the site, with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, and movement of people, goods and vehicles from access roads within the site, between buildings, and between buildings and vehicles. The reviewing Board shall ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to and from the site.
B.
The design and layout of buildings and parking areas. Particular attention shall be given to safety and fire protection, impact on surrounding development and impact on contiguous and adjacent buildings and lands and compatibility of proposed uses with existing surrounding uses.
C.
Adequate lighting to ensure safe movement of persons and vehicles and for security purposes. Lighting structures shall be approved by the reviewing Board. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.
D.
Buffering located around the perimeter of the site to minimize vehicle headlight, glare, noise, light from structures, the movement of people and vehicles and to shield activities from adjacent properties when necessary. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives.
E.
Landscaping as part of the overall site plan design and integrated into building arrangements, topography, parking and buffering requirements.
F.
Signs that are aesthetically pleasing, harmonious with other signs on the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.
G.
Storm drainage, sanitary waste disposal, water supply and garbage disposal. Particular emphasis shall be given to the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage and to maintain an adequate supply of water at sufficient pressure. Garbage disposal shall be adequate to ensure freedom from vermin and rodent infestation and shall be adequately screened from public view.
H.
Environmental elements relating to soil erosion, preservation of trees, protection of watercourses and resources, noise, topography, soil and animal life.
§ 149-75 Contents of application.
[Amended 7-13-2020 by Ord. No. 2020-10]
A.
The applicant shall submit an original application package with all required signatures, along with 15 copies of their complete application to the administrative officer of the reviewing Board at least 15 calendar days prior to a scheduled Board meeting in order to be considered for that meeting. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee. Unless the applicant is informed, in writing, by the administrative officer of the reviewing Board within 45 days of the actual submission of the application that it is incomplete, said application shall be deemed complete as of the date it was submitted.
B.
A complete application for preliminary approval shall also consist of the following:
(1)
A properly completed land use development application (in a form time to time modified and approved by the Township).
(2)
An affidavit of noncollusion.
(3)
For applicants organized as a corporation, partnership, or limited liability company, an ownership disclosure statement.
(4)
In the original application package only, a request for a list of property owners within 200 feet of the property or properties described in the application.
(5)
The appropriate completeness checklist that pertains to the application type, to be accompanied by all additional information required by the checklist.
(6)
The required application and escrow fees, to be submitted in the original application package only along with a completed fee calculation worksheet and signed fee agreement.
(7)
A site plan on which the following is set out:
(a)
The name and title of the application, owner and person preparing the map.
(b)
A place for the signatures of the Chairman and Secretary of the Planning Board or Zoning Board of Adjustment.
(c)
A place for the signature of the Township Engineer.
(d)
Tax Map lot and block numbers.
(e)
The date, scale and North sign.
(f)
A key map of the site with reference to surrounding areas and to existing street locations within 500 feet.
(g)
The zone district in which property in question falls, zone district of adjoining properties and all property within a radius of 200 feet of the property in question.
(h)
The names of owners of all abutting properties.
(i)
The dimensions of the lot, setbacks, front yard, side yards and rear yard and size, kind and location of fences.
(j)
Rights-of-way, easements and all lands to be dedicated to the municipality or reserved for specific uses on the site and on adjacent property within 50 feet of the lot lines of the site.
(k)
The bearings and distances of the entire property in question, even though only a portion of said property is involved in the site plan.
(l)
The outside dimensions of existing and/or proposed principal buildings and all accessory structures on the site.
(m)
The location and dimension of signs (separate application required).
(n)
Plans of off-street parking area layout and off-street loading facilities showing the location and dimensions of individual parking spaces, loading areas, aisles, traffic patterns and driveways for ingress and egress.
(o)
All driveways and streets within 200 feet of the proposed ingress and egress of the site.
(8)
The following information may be required by the reviewing Board if the proposed development impacts upon adjacent properties:
(a)
The outside dimensions of existing buildings on adjacent property within 50 feet of the lot lines of the site.
(b)
The location, dimensions and details of exterior lighting, including types of structures, location, radius of light and intensity in footcandles.
(c)
The significant existing physical features, including streams, watercourses, rock outcrops, swampy soil, etc., on the site and on adjacent property within 50 feet of the lot lines of the site.
(d)
The storm drainage plan showing location of inlets, pipes, swales, berms and other storm drainage facilities, including roof leaders, with existing and proposed runoff calculations.
(e)
All existing and proposed curbs and sidewalks on the site.
(f)
All existing and proposed utility lines within the site, including water, gas, sewer, electric and storm sewer.
(g)
The typical floor plans and elevations and preliminary architectural plans.
(h)
The existing and proposed water supply and sanitary sewerage disposal systems.
(i)
The method of solid waste disposal and storage.
(j)
If in a floodplain, existing and proposed spot elevations based upon the United States Coastal Geodetic datum at all floor levels, center lines of abutting roads, property corners and other pertinent locations.
(k)
The existing and proposed contours of the site at two-foot intervals.
(l)
The location of all existing trees eight inches in diameter or larger or tree masses, indicating general sizes and species of trees on the site.
(m)
The landscaping and buffering plan showing what will remain and what will be planted, indicating names of plants and trees and dimensions of new materials.
(n)
Soil erosion and sedimentation controls.
(o)
Construction cost estimates.
(p)
Photographs of the site and/or existing buildings to facility the Board's review process.
C.
All applications for site plan approval on county roadways shall be submitted to the County Planning Board for its review and recommendations and, where applicable, approval. If the County Planning Board has failed to grant or deny approval of the site plan at the time of approval of the applicant's application by the Township reviewing Board, such approval shall be conditional on approval of said site plan by the County Planning Board.
D.
A soil erosion and sedimentation control plan certified pursuant to N.J.S.A. 4:24-39 seq., shall be submitted by the application or the application shall furnish proof that such a plan is not required by said statute for the particular application. If the necessary certification of the erosion plan is not available at the time of approval of the applicant's site plan, approval shall be conditioned on certification of the applicant's erosion plan.
E.
The following items must be submitted to the appropriate Township department by the applicant:
§ 149-76 Time period for decision.
A.
Upon the submission to the administrative officer of the reviewing Board of a complete application for a site plan for 10 acres of land or less, the reviewing 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, except that if the application for site plan approval also involves an application for a relief pursuant to N.J.S.A. 40:55D-60, the reviewing Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application or within such further time as may be consented to by the applicant and the reviewing Board.
B.
Upon the submission of a complete application for a site plan of more than 10 acres, the Planning Board shall grant or deny approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant and the Planning Board.
C.
Upon the submission to the administrative officer of the Board of Adjustment of a complete application for site plan approval pursuant to N.J.S.A. 40:55D-76b, the Board of Adjustment shall grant or deny preliminary approval of the application within 120 days of the date of such submission or within such further time as may be consented to by the applicant and Board of Adjustment.
D.
Failure of the reviewing Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the site plan as submitted.
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 Part 3, 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 submission of a complete application.
§ 149-77 Notice; hearings.
Due notice pursuant to N.J.S.A. 40:55D-12 and a public hearing shall be held on all applications for site plan approval involving the following:
§ 149-78 Preliminary approval.
A.
Preliminary approval of a site plan, except as provided in Subsection B of this section, 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 and lot size; yard dimensions and off-tract improvements; natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; and exterior lighting both for safety reasons and street lighting, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as related to the public health and safety.
(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 preliminary site plan.
(3)
That the applicant may apply for and the reviewing 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 may govern.
B.
In the case of a site plan for an area of 50 acres or more, the reviewing Board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the reviewing Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised by ordinance, such revised standards may govern.
§ 149-79 Grant of 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 by ordinance for final approval and the conditions of preliminary approval, provided that in the case of a planned development, the reviewing Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
B.
Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer of the reviewing Board or within such further time as may be consented to by the applicant. Failure of the reviewing Board to act within the period prescribed shall constitute final approval of the application for final approval as submitted and a certificate of the Secretary of the reviewing Board as to failure of the reviewing Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other required evidence of approval.
C.
A complete application for final approval shall consist of the following:
§ 149-80 Effect of final approval.
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 149-78 of this chapter, 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 reviewing 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 § 149-78 of this chapter for the section granted final approval.
B.
In the case of a site plan for a planned development of 50 acres or more or conventional site plan for 150 acres or more, the reviewing Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the reviewing Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the reviewing Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the reviewing Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
§ 149-81 Guaranties.
[Amended 4-27-2020 by Ord. No. 2020-7]
A.
For the purpose of assuring the installation and maintenance of bondable land development improvements, as a condition of all final site plan, subdivision, and/or zoning permit approvals, the Board and/or Zoning Officer shall require, as appropriate, and the Township Council shall accept, in accordance with the standards adopted hereinafter:
(1)
The furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of the installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Township Engineer according to the method 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, street lighting, street trees, surveyor's monuments, as shown on the final map, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.
(2)
The furnishing of a performance guarantee in favor of the Township to include, within an approved phase or section of a development privately-owned perimeter buffer landscaping, as required by local ordinance or imposed as a condition of approval.
(3)
The furnishing of a safety and stabilization guarantee to return the property to a safe and stable condition or to otherwise implement measures to protect the public from access to an unsafe or unstable condition. The amount of such a guarantee shall be $5,000 where the overall bonded improvements are $100,000 or less. Where the overall bonded improvements are $100,000 or more, then the Township Engineer shall calculate the bond amount in accord with the following: $5,000 for the first $100,000 of bonded improvement costs, plus 2.5% 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.
(4)
The furnishing of a temporary certificate of occupancy guarantee in the amount of 120% of the cost of installing the remaining improvements, not covered by an existing performance guarantee, that are required to be completed before the issuance of a permanent certificate of occupancy. The scope and amount of such a guarantee will be determined by the Township Engineer.
(5)
Upon the inspection and issuance of final approval of the following site improvements by the Township Engineer, the furnishing of a two-year maintenance guarantee in favor of the Township in an amount not to exceed 15% of the cost of installation of the improvements that were subject of a performance guarantee and the following site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and all bondable items as permitted therein.
B.
In the event that other governmental agencies or public utilities will automatically 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.
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. 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.
D.
All improvements shall be in accordance with the design standards of the Township Code or as authorized by a design exception granted by the reviewing board and shall be subject to inspection and approval by the Municipal Engineer. The Municipal Engineer shall be notified 24 hours prior to the start of the various phases of the work, and if discontinued, shall again be notified when the work will be continued.
E.
Release or reduction of performance guarantee.
(1)
Upon substantial completion of all required improvements, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Council, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2)
The list prepared by the Township Engineer shall state, in detail with respect to each 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 Township 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 this chapter.
(3)
The Township Council, by resolution, shall either accept the improvements determined to be complete and satisfactory by the Township 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 or release to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Council, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those accepted improvements, except for that portion sufficient to secure completion or correction of the improvements not yet accepted; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements. If any portion of the required improvements is rejected, the Township shall 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.
(4)
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; provided that the municipality may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
F.
In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
G.
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat, site plan and/or zoning permit, the municipality shall be deemed, upon the release of any performance guarantee required hereunder, to accept dedication for public use any improvements made thereunder, provided that such improvements have been inspected and have received final approval by the Township Engineer.