South Amboy City Zoning Code
ARTICLE XI
Site Plan Review Procedures
§ 53-56 Purposes.
A.
The purpose of this Article of the Development Ordinance is to provide a review of site plans of certain construction in the municipality in order to comply with N.J.S.A. 40:55D-2 and N.J.S.A. 40:55D-41 of the Municipal Land Use Law.
B.
All applications to the Zoning Officer for a building permit for all uses and/or construction other than one single-family detached residential use or one detached two-family residential use and/or permitted accessory uses (unless such dwelling is part of a residential development in construction or planned for construction) shall be made for a site plan approval subject to the standards herein specified.
D.
This Article shall not limit the requirements for submission of any variance process or subdivision plans for subdivision approval as otherwise provided by an ordinance in existence or any ordinance hereinafter enacted in the municipality, nor shall site plan approval be required as to any major subdivision as to which final approval has been given prior to the effective date hereof and if building permits relating to such subdivisions are secured prior to the passage of this Article.[2]
§ 53-57 Approving authority.
The approval provisions of this Article shall be administered by the Planning Board.
§ 53-58 Required site plan reviews.
A.
Prior to the issuance of a building permit or certificate of occupancy for any new structure or use, change in structure or use, construction of or addition to a parking lot or use of vacant land as a parking lot which is not accessory to a one- or two-family use, conversion of a one- or two-family dwelling to three or more units, change in use of any nonresidential use or for any new multifamily structure or use, a site plan shall be reviewed, approved or waived as hereinafter provided by the approving authority. Detached one- and two-family dwellings used exclusively as residences are specifically excluded from the site plan requirement.
B.
The Planning Board may waive certain site plan content requirements if the proposed construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting or other considerations of site plan review, and further provided that all requirements of the zoning regulations (Articles XVIII, XIX and XXI) are met. The Planning Board may waive the requirement for a public hearing, at its discretion on any application.
C.
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 content as may be reasonable and within the general purpose and intent of these provisions if the literal enforcement of one or more provisions of this Article is impracticable or will exact undue hardships because of peculiar conditions pertaining to the land in question.
§ 53-59 Certificates of occupancy.
No certficiate of occupancy shall be given unless all construction and development conforms to the approved site plan, as the same may have been formally revised or amended by the Planning Board Resolution.
§ 53-60 Site plan detail requirements.
A.
All site plans shall provide the following minimum plat details in order to be reviewed for classifications and approval:
(1)
A scale of not less than 20 feet to the inch. All distances shall be in feet and decimals of a foot, and all bearings shall be given to the nearest ten (10) seconds. The error of closure shall not exceed one to 10,000.
(2)
The names of all owners of record of all properties within a distance of 200 feet of the site plan parcel and the Tax Map block and parcel numbers of all such properties, as certified by the City Tax Office.
(3)
The zone wherein the tract is located and boundaries of such zone. Such features shall be shown on a separate map or as a key map. This key map should emcompass a radius of 500 feet.
(4)
Existing and proposed boundaries of the property; building or setback lines; and lines of existing streets, lots, reservations, easements and areas all identified as to their dedication.
(5)
A copy of any existing or proposed covenants or deed restrictions that are intended to cover all or any part of the tract, their location, size and nature.
(6)
Location and dimension of existing and proposed buildings which shall remain and all other structures such as walls, fences, culverts, bridges, roadways, etc., with spot elevations of such structures. The outline of structures that are to be removed shall be indicated by a dashed line and those that are to remain shall be shaded.
(7)
Location of all existing and proposed utilities, sanitary sewers, storm drainage facilities, including all inlets, whether publicly or privately owned, with pipe sizes, type, grades and direction of flow, in conformance with the standard of specifications of the municipality.
(8)
Existing and proposed contours at maximum intervals of two feet where slopes are less than 10%, and at five feet when 10% or more, referred to a datum as provided by New Jersey G&C.S. datum or by the Municipal Engineer, to be indicated by a dashed line. Where any changes in contours are proposed, finished grades should be shown as solid lines and spot elevations may be added for clarity.
(9)
Location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas, single trees not in wooded area with a diameter of six inches or more as measured three feet above the base of the trunk, and other significant existing features, including previous flood elevations of watercourses, pond and marsh areas as determined by survey.
(10)
Title of development; North point; scale; name and address of record owner; professional engineer, architect, land planner preparing the site development plan, New Jersey license number; date of preparation and all revisions. If applicant is a corporation, the names and addresses of all corporate officers must be identified.
(11)
A survey prepared by a licensed surveyor of the State New Jersey shall accompany the site plan and shall show the boundaries of the parcel and the limits of all proposed streets, recreation areas and other property to be dedicated to public use. The applicant shall submit such other exhibits of an architectural or planning nature as may be reasonably required by the Planning Board or as required by any ordinance now in existence or any ordinance hereinafter enacted.
(12)
All existing and proposed streets with profiles indicating grading and cross sections showing width of roadways, location and width of sidewalk and curbs, according to the standards and specifications of the municipality all within 200 feet of the site plan parcel.
(13)
The proposed use or uses of land and buildings and proposed floor plans, elevations of buildings, location and dimensions of buildings, including proposed grades at all corners of the building(s), setback lines, yards, etc.
(14)
The location, type and size of all means of vehicular ingress and egress, both existing and proposed, to public streets, showing size and location of driveways, curb cuts and sidewalks, and the location and width of all driveways on adjacent property within 200 feet of the proposed site.
(15)
The location and design of any off-street parking areas or loading areas, showing size and location of bays and spaces, aisles and barriers and the total number of parking spaces and loading bays to be provided and the basis of calculation of the spaces provided.
(16)
The location and size, grade and type of all proposed water lines, valves and hydrants and of all sewer lines or alternative means of water supply or sewage disposal and treatment in conformance with the applicable standards of the State of New Jersey.
(17)
The proposed location, direction of illumination, power and time of proposed outdoor lighting in conformance with the applicable standards as may be applied by the Planning Board in conjunction with the supplying utility companies.
(18)
The proposed screening and landscaping, including a planting plan.
(19)
Proposed signs, fences, buffer areas and recreational areas which shall be provided on the tract.
(20)
A written description of all proposed operations or activities in sufficient detail to indicate their effects in producing traffic, noise, glare, air or water pollution, fire or safety hazards and the hours of operation.
(21)
Such other information or data as may be required by the Planning Board in order to determine that the details of the site plan are in accordance with the standards of this chapter and all other ordinances of the municipality and, further, that the building or use will not offend the public interest.
(22)
The Tax Map block and lot number, and sheet number of the lot or lots involved in the site plan.
(23)
The location, size, nature and acreage (to the nearest tenth) of the entire lot or lots in question, and any contiguous lots owned by the applicant or in which the applicant has a direct or indirect interest.
(24)
The location and elevation of the high-water mark of any water body on or abutting the site in question, and the direction of flow of any stream on or abutting the site, and a cross section of the stream.
(25)
An appropriate place for the Planning Board Chairman and the Secretary and the date of signature of approval.
(26)
The location, method of storage and method of disposal of solid waste materials and provision for screening of same.
B.
The applicant, if requested by the Planning Board, shall submit a proposed sequence of development with a projected time schedule for completion of each of the several elements. Such projection shall include, where applicable, the removal of structures, trees and brush, temporary drainage considerations, utilities, road and sidewalk improvements and provisions for the protection of topsoil.
C.
In the event that a plan of development shows common areas, property and/or recreational facilities, then the Planning Board, as a condition of site plan approval, shall establish conditions on the ownership, use and maintenance of such areas, lands, property and facilities for their intended purposes. The recorded covenants shall bind each lot, to assure payment of all assessments, including taxes, which may be necessary to maintain the common areas, property and/or facilities, and shall also provide for a personal money judgment procedure against each lot owner to meet assessment charges, including taxes, which may be necessary to perpetually maintain such common property and/or facilities.
§ 53-61 Submission of Site Plan.
[New]
A.
Twenty copies of a site plan for approval prepared in accordance with Section 53-60, together with 20 copies of the completed application forms, shall be submitted to the Secretary of the appropriate approving Board at least 14 days prior to the regularly scheduled meeting at which consideration is desired. The Secretary shall forward a copy of the site plan for preliminary approval to the Planning Consultant for review and comment, if deemed appropriate; however, the Planning Consultant shall examine the site plan to determine its conformance with requirements of this chapter and shall file a written report of their findings with the Secretary of the Planning Board.
[New]
B.
The Planning Board shall review the submission for its completeness within 45 days of submission pursuant to N.J.S.A. 40:55D-10.3 and, if incomplete, the applicant shall be notified in writing and the material shall be returned to the developer for a resubmission at least 14 days prior to a subsequent meeting. (N.J.S.A. 40:55D-10.3)
C.
Before any action is taken on any complete site plan, the Planning Board may conduct a hearing with appropriate public notice as established in this chapter. No action shall be taken until completion of the public hearing, and the scheduling and notifications for the hearing shall be in accordance with this chapter and the Act. (N.J.S.A. 40:55D-1 et seq.)
D.
If the Planning Board requires any substantial amendment in the layout of improvements as proposed by the applicant and that plan has 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.
E.
The Planning Board shall take action, after considering the results of the public hearing and the recommendations made by municipal, state and county officials or agencies, within the time period prescribed, or the application for preliminary approval shall be deemed approved.
F.
If the Planning Board acts disfavorably on the completed application for site plan approval, the applicant shall be so advised within 10 days of the date of the decision. (N.J.S.A. 40:55D-10)
G.
Upon the submission of a complete application for a site plan of 10 acres or less, the Planning Board shall grant or deny 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 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 or as decreed by the Municipal Land Use Law. Otherwise, the Planning Board shall be deemed to have granted approval of the site plan.
H.
If approved as a site plan by majority vote of members of the Planning Board present at the hearing, a notation to that effect and the signature of the Chairman and Secretary will be made on the plan. The Planning Board may condition such approvals on terms ensuring provision of improvements pursuant to Sections 29, 29.1 and 41 of the Act (N.J.S.A. 40:55D-38, 55D-39, 55D-53) and/or favorable review by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
I.
One copy of the signed and approved site plan shall be forwarded to the applicant within 10 days of memoralization of Resolution of approval of said application.
§ 53-62 Principles and standards for site plan review.
The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the City. The Planning Board shall review the site plan for compliance with all applicable city ordinances and the Master Plan; for harmony with surrounding uses and the overall plan for development of the municipality; for the promotion of the health, safety, order, efficiency and economy of the municipality; for the maintenance of property values and for the general welfare. Based upon its review and the degree to which it can make positive findings, the Planning Board may approve, conditionally approve, request modifications or deny approval of the site plan based on the following:
A.
The site plan's compliance with all provisions of the zoning regulations, Articles XVIII, XIX and XXI of this chapter, including but not limited to off-street parking and loading, signs, lighting, open space and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration or heat.
B.
The site plan's compliance with all requirements and standards of the subdivision regulations, including but not limited to standards for construction, layout, dimensions and materials.
C.
An acceptable level of environmental impact of the development relating to the preservation of existing natural resources on the site, particularly trees, and the impact on the natural resources of the surrounding properties and neighborhood, including an adverse impact caused by erosion.
D.
The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values and negative impacts.
E.
The provision of a safe and efficient vehicular and pedestrian circulation system, and the provisions for ingress and egress to and from the property for the safety of pedestrians and motor vehicles and to lessen any adverse impact on the traffic patterns affecting the adjacent property and neighborhood.
F.
The adequacy of design and location of off-street parking and loading facilities.
G.
The adequacy of design and location of buildings in an efficient and aesthetically pleasing manner.
H.
The adequacy of the buffer area, screening and landscaping plan.
I.
The adequacy of location of exterior lighting in terms of safety needs, intensity and glare so that it will not adversely affect surrounding property.
J.
The adequacy of facilities serving the development as set forth in Section 53-60 in order to properly serve the proposed site and not adversely affect surrounding properties and neighborhood.
K.
The adequacy of location, size and configuration of open space areas.
§ 53-63 Improvements; guaranties.
The Planning Board may require performance and maintenance guaranties for on-tract and off-tract improvements in the same manner and under the same requirements as provided for in N.J.S.A. 40:55D-53.
§ 53-64 Effect of violations.
A.
Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit shall be grounds for the revocation of such building permit. A written notice of proposed revocation shall be sent by certified mail to the applicant by the Planning Board Consultant. If the applicant does not comply with the notice and the site plan conditions within five days of the receipt of the written notice, the building permit shall be automatically revoked.
B.
Approval of site plan shall be deemed rescinded unless the applicant has obtained a building permit within six months from the date of site plan approval or an extension has been obtained from the Planning Board.
§ 53-65 Enforcement.
The Planning Board Consultant shall enforce this Article except in the case of on- and off-tract improvements required by the site plan approval, when either the City Engineer or the Planning Board Consultant, or both, shall enforce this Article.