Ventnor City City Zoning Code
ARTICLE XIX
Site Plan Review
§ 102-119 Purpose.
Site plan review is provided for in the Municipal Land Use Law (N.J.S.A. 40:55D-37). Such review makes it possible for Planning Boards and Zoning Boards of Adjustment to determine developmental impacts with regard to topography, vegetation, drainage, floodplains, marshes and waterways. Additionally, site plans show the location of existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utilization, landscaping, structures, signs, lighting and screening. In short, a site plan allows the boards involved to assess the project in order to ensure the compatibility and determine the impact of proposed uses.
§ 102-120 Compliance with review provisions.
[Amended 7-5-1990 by Ord. No. 9015]
A.
Major site plan.
(1)
Within the City of Ventnor City, major site plan review shall not be required for developments containing three or fewer single-family dwellings. All other residential and condominium developments will require major site plan review.
(2)
Commercial developments shall apply for preliminary and final major site plan review for all new construction and for additions to or expansion of an existing structure which will result in an increase of floor area devoted to the use contained therein.
(3)
Bed-and-breakfast operations shall apply for a preliminary and final major site plan approval for all conversions, additions, alterations, expansions or modifications to existing conditions.
[Added 6-25-1998 by Ord. No. 9813]
B.
Minor site plan.
(1)
Commercial developments shall apply for minor site plan review for all changes in use and/or occupancy which will increase the usable floor area or any modification to the interior floor layout. A "change in use" shall be defined as any change on a site that will increase the parking requirement for that site, as stated in the district regulations.
(2)
Residential developments involving a change in use shall apply for minor site plan review. A "change in use" shall be defined as any change on thee site that will increase the density of dwelling units or the parking requirement for that zone.
(3)
Any residential development not meeting the requirements for a major site plan and requiring approval of the Planning Board in accordance with N.J.S.A. 40:55D-76.
[Added 10-7-2004 by Ord. No. 2004-9]
C.
Changes in business operation.
(1)
Changes in business operation shall be commercial developments that do not affect the parking requirement of the zone and will not change the interior layout of the building (i.e., relocation of interior walls). Changes in business operation shall be handled administratively by the Construction Official of the City of Ventnor.
(2)
The following approved commercial uses shall not require formal site plan approval for a change of use at an existing commercial development:
[Added 8-28-1997 by Ord. No. 9713]
Antique shop |
Appliance/furniture |
Art and school supply store |
Bookstores |
Camera and photo supply/studio |
China, glassware, metalware |
Clothing store |
Coin and stamp store |
Drapery/curtain/window store |
Fabric/craft/hobby shop |
Floor covering |
Gift, novelty and souvenir store |
Home decorations |
Jewelry store |
Leather store |
Liquor store |
Locksmith |
Mail-order house |
Musical instrument store |
Newspaper/tobacco store |
Records/CDs |
Secondhand items |
Shoe store/sales or repairs |
Specialty shops (no food items) |
Sporting goods |
Stationery |
Tailor/dressmaking |
Tool and appliance rental store |
Toy store |
Travel bureaus |
Upholstery shop |
Video rental/sales |
(3)
The above commercial uses, upon application for a mercantile license, may obtain a site plan waiver from the staff of the Ventnor City Planning Board or an appropriate municipal official who has been so designed.
[Amended 8-28-1997 by Ord. No. 9713]
(4)
All other commercial uses, as approved by the Land Use and Development Ordinance of the City of Ventnor, shall continue to be required to make formal application for site plan approval for change of use.
[Added 8-28-1997 by Ord. No. 9713]
D.
The Ventnor City Construction Official shall classify each application for site plan review as major or minor, upon consultation with the City Planner and City Engineer. The Planning Board may, upon review of any given application, reclassify said application as major or minor if deemed necessary.
E.
Site plan review will be conducted prior to any excavation or removal of soil or clearing of the site. Without approval, neither building permits nor certificates of occupancy will be issued by the Construction Official.
§ 102-121 Emphasis of review.
In conducting the review process, the Planning Board or Planning Board, in the case of a use variance request, will consider pedestrian and vehicular movement; parking adequacy and safety; design and layout of structures; lighting; buffering; drainage; environmental elements; and signs.
§ 102-122 Preliminary submission.
A.
Major site plan.
(1)
The applicant will submit 15 copies of the site plan, clearly drawn and accurately reproduced at a scale of one inch equals 50 feet, to the Secretary of the Planning Board. All maps, plats and sketch plats required to be submitted by this chapter shall conform to one of the following size configurations: 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches. A copy of the plan shall also be sent to the Atlantic County Planning Board for review, comment and, where appropriate, approval. The plan will be drawn by a New Jersey licensed professional engineer and shall include the following information:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
A key map showing the parcel to be developed in relationship to the surrounding area and all intersections and waterways within 300 feet.
(b)
The title of the project, North point, scale, the name and address of the owner of record and the name and seal of person preparing the site plan.
(c)
All lot lines, block and lot numbers and owners of record within 200 feet of the site in all directions.
(d)
All existing zoning boundaries located on or within 200 feet of the subject property.
(e)
Boundaries of the property involved, proposed building setback lines, lines of existing and proposed streets and existing and proposed lot lines.
(f)
All existing and proposed structures and topography, showing elevations on a one-hundred-foot grid.
(g)
The location and height of existing and proposed walls, fences, signs, culverts and bridges.
(h)
Proposed elevations for buildings.
(i)
Street profiles and cross sections indicating roadway width, the location and width of sidewalks and the locations and width of utility easements.
(j)
The location of all proposed sewer and water lines, valves, manholes and hydrants.
(k)
A soil erosion and sedimentation control plan, pursuant to the requirements of N.J.S.A. 4:24-39 et seq.
(l)
Proposed reservations for parks, playgrounds, common open space and all easements.
(m)
Location of all existing and proposed storm drainage pipes and watercourses with pipe sizes, grades and direction of flow.
(n)
Tabulation of total acreage and percentage devoted to streets, parking and common open space.
(o)
Location, design and ingress/egress of all proposed parking areas, including bay size and size of internal aisles.
(p)
Proposed screening, landscaping and lighting.
(q)
Proposed pedestrian walkways.
(r)
Proposed use.
(s)
For bed-and-breakfast applications, a complete preliminary floor layout to a scale not less than 1/4 inch per foot of each floor of the entire structure adequately indicating guest areas, kitchen, storage, dining and residential portions, hallways, bathrooms, etc. The number of bed(s) in each residential bedroom and each guest room shall be clearly indicated on the plan.
[Added 6-25-1998 by Ord. No. 9813]
(2)
In addition to the above-listed information, planned residential clusters, planned residential developments and high-rise construction may be required to submit additional information as required by the Planning Board. With regard to high-rise construction, this shall include wind studies and sub-shade diagrams. All site plans will be accompanied by a copy of any covenants or deed restrictions existing or proposed for the tract and a survey showing parcel boundaries and the limits of all proposed streets. The survey will be prepared by a New Jersey licensed land surveyor.
B.
Minor site plan.
(1)
The applicant will submit 15 copies of the completed minor site plan application form and the following supplemental information:
(a)
A sketch plan of the subject property, clearly and legibly drawn to scale and of sufficient detail to indicate the floor plan of the structure in which the proposed use is to be located; all existing and proposed walls, openings, partitions; and other significant features. All dimensions shall be clearly and accurately indicated. The plan shall indicate all sidewalks and parking areas appurtenant to the subject property and the street(s) to which it is adjacent.
(b)
A copy of the appropriate Tax Map of the City of Ventnor City (obtainable from the City Tax Assessor's office), indicating the location of the subject property.
(c)
A survey of the subject property, prepared by a licensed surveyor, if determined by the Construction Official to be necessary for site plan review.
(d)
A detailed narrative description of the proposed use or change of occupancy, including, but not limited to, the following:
[1]
A description of the existing use or, if vacant, the prior use of the subject property.
[2]
A description of the proposed use for which approval is sought.
[3]
Proposed number of employees (full- and part-time).
[4]
Hours of operation.
[5]
A complete description of all interior modifications to be made in the subject property.
(2)
The applicant shall submit one set of photographs of the subject property, including a frontal view and an oblique view from each street approach to the property.
(3)
In addition to the above-listed information, applicants may be requested to submit additional information as required by the Planning Board.
§ 102-123 Preliminary review process.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Major site plan. Following receipt of a completed application with the required fee (Article XXIV, § 102-160), the Board Secretary will notify the applicant within 45 days. The Planning Board shall:
(1)
Review and grant or deny site plan approval within 45 days in the case of developments of 10 acres or less, unless the applicant is also seeking relief subject to N.J.S.A. 40:55D-60, in which case the Board shall grant or deny within 95 days. In either case, the time may be extended if agreed to by the developer.
(2)
If the development is of 10 acres or more, the Planning Board shall grant or deny site plan approval within 95 days of receipt of a completed application unless an extension is consented to by the developer.
(3)
If the application has been submitted to the Planning Board pursuant to N.J.S.A. 40:55D-76b, the Board shall grant or deny site plan approval within 120 days of receipt of a completed application unless an extension is consented by the developer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
If the Planning Board requires substantial changes in the site plan presented as a result of a public hearing, an amended application shall be submitted and processed in the same manner as the original application.
(5)
If the Planning Board fails to reach a decision within the specific time periods or extensions, approval of the site plan as submitted shall result.
(6)
The Board and developer may discuss a sketch plat informally prior to submission of a completed preliminary site plan application for purposes of exchanging ideas, with neither side bound by the discussion.
B.
Minor site plan. Following receipt of a completed application with the required fee (Article XXIV, § 102-160), the Board Secretary shall place the application on the next scheduled Planning Board meeting. However, an application must be received by the Secretary at least 21 days prior to the next meeting in order to be heard. The Secretary will notify the applicant of the meeting date. The Planning Board shall:
(1)
Review and grant or deny minor site plan approval within 45 days, unless the applicant is also seeking relief subject to N.J.S.A. 40:55D-60, in which case it shall act within 95 days. In either case, the time may be extended if agreed to by the applicant. Minor site plan approval by the Board shall constitute preliminary and final approval for purposes of this chapter.
(2)
If the Board fails to reach a decision within the specific time periods or extension, approval of the site plan as submitted shall result.
§ 102-124 Rights accompanying preliminary major and minor site plan approval.
After preliminary approval, the general terms and conditions of that approval shall not change for a three-year period, although the applicant may file for first approval prior to that date and may receive an extension of one year and not more than two years, provided that the standards revised in the interim are complied with. Variances granted pursuant to § 102-156 of this chapter in conjunction with site plan approval shall be valid for the same time period as the site plan approval.
§ 102-125 Final submission of major site plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The developer shall submit 15 copies of the final plat to the Secretary of the Planning Board, which includes and is accompanied by the following:
A.
A site plan in final form, including all of the information shown on the preliminary plat (§ 102-122) along with the conditions of preliminary approval and any proposed dedication of streets or improvements.
B.
Performance guaranties approved by the Municipal Solicitor in an amount sufficient to cover the completion of improvements.
C.
A statement from the City Engineer that construction plans for streets, drainage and other facilities comply with City standards.
§ 102-126 Final review process for major site plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 102-127 Rights accompanying final approval of major site plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
After final approval, the general terms and conditions of that approval, including applicable zoning rights, shall not change for a period of two years and may be extended by the Planning Board not more than three times for a period of one year. Variances granted pursuant to § 102-156 of this chapter in conjunction with site plan approval shall be valid for the same time period as the site plan approval.
§ 102-128 Exceptions to site plan process.
Time limits for both preliminary and final approval may be extended for planned developments of over 50 acres upon review of the Planning Board, subject to development size and comprehensiveness and/or economic conditions.
§ 102-129 Minimum standards.
Those standards established by Ventnor City's Engineer and those minimum standards called for in the zoning districts (Articles IV to XVII) with regard to use, lot size, setbacks, area and bulk, landscaping, parking and signs shall be considered the minimum general standards. In addition, the specific design standards set forth in Article XXI shall apply here.