[Amended 1-31-77 by Ord. No. 1-1977]

A. Purpose. Site plan review provides the Planning Board (or Zoning Board, in certain cases) with the opportunity to review development proposals before the issuance of a construction permit The review process ensures that all elements in the proposed development will meet the requirements of this chapter and that the end product will not adversely affect surrounding properties or cause problems on the site.

B. Jurisdiction of responsibility during site plan review. The Manning and Zoning Boards have certain overlapping powers designed to expedite the review process Their respective responsibilities are outlined below

(1) Powers of the planning board

(a) The Planning Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.

(b) The Planning Board shall have the power to act in lieu of the Board of Adjustment and subject to the same extent and restrictions as the Board of Adjustment on the following matters Whenever relief is requested pursuant to this section, public notice shall be given which shall include reference to the request for a variance or direction for issuance of a permit, as the case may be (See § 190-59E for public notice requirements.)

[1] Grant variances, pursuant to NA S A 40 55D-60c, from lot area, lot dimensional, setback and yard requirements, provided that relief pursuant to this subsection from lot area requirements shall not be granted for more than one (1) lot

[2] Direct, pursuant to NJ S A 40:55D-34, the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40 55D-32.

[3] Direct, pursuant to N J S A. 40:55D-36, the issuance of a permit for a building or structure not related to a street

(2) Board of Adjustment action in lieu of Planning Board.

(a) The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, site plan approval when reviewing an application for approval of a use variance pursuant to N.J.S.A. 40:55D 70d (See § 190-58C )

(b) Whenever relief is requested pursuant to this Subsection B(2), public notice shall be given which shall include reference to the request for a variance (See § 190-59E for public notice requirements)

C. Application of requirements. [Amended 5-2-80 by Ord. No. 12-1980]

(1) No construction permit shall be issued for any parking lot for four (4) or more vehicles, new structure or addition to an existing parking lot or structure until a site plan or minor site plan has been reviewed and approved by the Planning Board or Zoning Board, except that a construction permit for single-family or two-family units and their accessory structures on their own lots shall not require a site plan. Additionally, permitted farm accessory structures in agricultural zones or on land subject to farm land tax assessment shall not require site plan review. [Amended 11-71986 by Ord. No. 26-1986]

(2) No certificate of occupancy shall be issued to permit the use of any existing structure occupied by a new use and no construction permit shall be issued to permit any addition to an existing conforming nonresidential structure which accounts for up to twenty-five percent (25%) additional floor area until a minor site plan has been reviewed by the Planning Board. Additions to nonresidential structures accounting for over twenty-five percent (25%) additional floor area shall require conventional site plan review.

(3) Applications for minor site plan approval shall comply with the site plan details required for preliminary approval in Subsection D(4). Upon a Planning Board finding that the application conforms to the definition of a minor site plan established in this chapter, the Planning Board (or Site Plan Subcommittee) shall waive notice and public hearing and approve said plan. Any such approval may be conditioned upon the posting of such guaranties as may be required to ensure the provision of any improvements required by ordinance

(a) Minor site plan approval shall be granted or denied within forty-five (45) days of the date of 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 Planning Board to act within the period prescribed shall constitute minor site plan approval

(b) Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c 285 (N J S A 40:27-6 6), the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period

(c) The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two (2) years after the date of minor site plan approval

D. Submission of preliminary site plan

(1) Application procedure for preliminary site plan approval

(a) The developer shall submit eleven (11) sets of plans to the Secretary of the Planning Board at least ten (10) days but no more than fourteen (14) days prior to the meeting at which discussion is desired, together with four (4) completed copies of the application form and the application fee. (See § 190-61) The Secretary of the Planning Board shall distribute one (1) copy of the application and plans to the Zoning Officer

(b) The administrative officer shall examine any site plan or minor site plan application and, upon finding that all requirements of this chapter have been met, certify the completeness of each application by notation of the date of complete submission on the application. The completed application shall then be scheduled for hearing by the Planning Board or Zoning Board as outlined in Article VII Where action by both Boards is required, applications shall first be heard by the Zoning Board. [Amended 5-2-80 by Ord. No. 12-1980]

(c) The Secretary of the Planning Board shall retain one (1) copy of the application and plans, which shall remain on file for public inspection, and distribute copies as follows:

[1] Planning Consultant, one (1) copy each.

[2] Zoning Board of Adjustment, one (1) copy each (only when Board of Adjustment will act on plans).

[3] Township Engineer, three (3) copies each

[4] Burlington County Planning Board, two (2) copies each (when required for county review)

(d) Should the submitted plan be deemed incomplete by the administrative officer, the developer shall be notified in writing of such deficiencies within forty-five (45) days of the submission or latest partial submission. [Amended 5-2-80 by Ord. No. 12-1980]

(2) Action by township

(a) Upon the submission of a complete application for a site plan of ten (10) acres or ten (10) dwelling units, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer Upon submission of a complete application for a site plan of more than ten (10) acres, or whenever an application includes a request for relief pursuant to Subsection B(1), the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan [Amended 5-2-80 by Ord. No. 12-1980]

(b) Upon the submission of a complete application for a site plan pursuant to Subsection B(2), the Zoning Board of Adjustment shall grant or deny preliminary approval within one hundred twenty (120) days of the date of such submission or within such further time as may be consented to by the developer

(c) The Planning Board (Zoning Board) shall take action (by written resolution) in one (1) of the following ways

[1] The Planning Board (Zoning Board) may grant preliminary approval to the plan as submitted

[2] Should minor revisions to the plan be necessary, the Planning Board (Zoning Board) may grant preliminary approval subject to specified conditions not included in the plan as submitted.

[3] The Planning Board (Zoning Board) may deny preliminary approval

[4] Should major revisions to the plan be necessary, including substantial amendments in the layout of improvements proposed by the developer, the Planning Board (Zoning Board) shall require that an amended application be submitted and proceeded upon as in the case of the original application for development

(d) No development involving the use of Pinelands Development Credits shall be approved until the developer. has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the Township approving authority may grant preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final site plan approval. For such a final site plan, the developer shall provide evidence of Pinelands Development Credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands Development Credit use in the preliminary approval. Notification of any such development approval shall be made to the Pinelands Commission pursuant to Section 190-66D and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 12- 2001.

(3)Effect of preliminary approval.

(a) Preliminary approval 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; lot size, yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the township from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.

**Webmaster's Note: The previous is current through Supplement dated 10-20-98.

[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 plan, as the case may be

[3] That the applicant may apply for and the Planning Board (Zoning Board) may grant extensions on such preliminary approval for additional periods of at least one (1) year, but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards may govern

[4] Within the Pinelands Area, the provisions of § 190-66E shall be supplemental hereto. [Added 8-6-82 by Ord. No. 16-1982]

(b) Preliminary approval of an application shall not authorize development or the issuance of any construction permits.

(4) Site plan details required for preliminary approval. The preliminary site plan shall be based on Tax Map information or some other similarly accurate base and shall be neatly and accurately drawn to scale The following information shall be included

(a) Boundaries of the tract, North arrow, scale, date of preparation or latest revision, zone district(s) in which lot(s) is(are) located, a small key map showing the general location of the parcel in relation to the remainder of the municipality

(b) Existing and proposed streets, parking spaces, loading areas and driveways.

(c) Size, height, location and percent, of building coverage for all existing and proposed buildings, structures, signs and lighting facilities

(d) All dimensions necessary to confirm conformity to this chapter, such as building setbacks, building heights, yard areas

(e) Proposed buffer areas, existing wooded areas, vegetation types and areas proposed for landscaping Within the Pinelands Area, all wetlands as defined in this chapter shall also be identified [Amended 8-6-82 by Ord. No. 16-1982]

(f) The Planning Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the site and/or when the application for development poses special problems for the site and surrounding area Such information may include but not be limited to drainage calculations and traffic analyses

(g) Within the Pinelands Area, any additional information that may be required pursuant to § 190-66 of this chapter [Added 8-6-82 by Ord. No. 16-1982]

(h) Environmental impact statement. Each site plan shall be accompanied by an impact statement which assesses the environmental limitations of the parcel This statement shall include an analysis of soils, limitations and drainage and other characteristics of the parcel prior to development. Factors considered shall include air quality, water quality, water supply, hydrology, geology, sewerage or septic disposal and limitations thereto, topography slope, vegetation, wildlife habitat and noise characteristics. The statement shall detail the impact of the proposed development upon the above factors and shall quantify potential adverse impacts and proposed remedies Impacts shall be assessed during both the construction and the operation of the project, along with efforts to minimize adverse environmental impacts. The environmental impact statement or parts thereof may be waived at the discretion of the Board and its professional advisors [Added 5-30-79 by Ord. No. 8-1979]

E. Submission to final site plan

(1) Application procedures for final site plan approval

(a) The developer shall submit eleven (11) sets of plans to the Secretary of the Planning Board at least ten (10) but not more than fourteen (14) days prior to the meeting at which discussion is desired, together with four (4) completed copies of the application form

(b) The Secretary of the Planning Board shall retain one (1) copy of the plans and applications and distribute copies as follows:

[1] Zoning Officer

[2] Planning Consultant

[3] Township Engineer, three (3) copies

[4] Burlington County Planning Board, two (2) copies when required for county purposes

(2) Action by township

(a) The municipal agency (Planning or Zoning Board) which acted on the preliminary site plan shall conduct final site plan review Final site plan approval shall be granted or denied within forty-five (45) days after submission of a complete application to the Planning Board Secretary or within such further time as may be consented to by the applicant Failure of the Planning (or Zoning) Board to act within forty-five (45) days shall constitute final approval, and a certificate of the Planning Board Secretary as to the failure of the Planning (or Zoning) Board to act shall be issued on request of the applicant.

(b) The Planning Board (Zoning Board), by written resolution, shall take action on the application in one (1) of the following ways

[1] The Planning Board (Zoning Board) may grant final approval to the plan as submitted

[2] The Planning Board (Zoning Board) may deny approval

[3] If the developer proposes major revisions to the approved preliminary plan, the Planning Board (Zoning Board) shall request an amended application, which shall be submitted and proceeded upon as in the case of the original preliminary application for development

(c) Whenever the development proposed by an application for site plan approval requires an approval by a governmental agency other than the Planning or Zoning Board, the local approval shall be conditioned upon the subsequent approval of such governmental agency Such additional approvals include but are not limited to

[1] New Jersey Department of Environmental Protection

[2] Soil Conservation Service approval for soil sedimentation and erosion control plans (P L 1975, c 251)

[3] County Planning Board approval of site plan (N J S A 40 27-6 6)

(3) Effect of final approval of site plan The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be charged for a period of two (2) years after the date of final approval If the developer has followed the standards prescribed for final approval, the Planning (Zoning) Board may extend such period of protection for one (1) year, but not to exceed three (3) extensions Within the Pinelands Area, the provisions of § 190-66E of this chapter shall also apply [Amended 8-6-82 by Ord. No. 16-1982]

(4) Site plan details required for final approval Each site plan submitted shall be at a scale of one (1) inch equals fifty (50) feet for a tract up to forty (40) acres in size, one (1) inch equals one hundred (100) feet for a tract between forty (40) and one hundred fifty (150) acres, and one (1) inch equals two hundred (200) feet for a tract of one hundred fifty (150) acres or more All plans shall be certified by a licensed architect or engineer, including accurate lot lines certified by a licensed engineer or land surveyor, submitted on one (1) of four (4) of the following standard sheet sizes: eight and one-half by thirteen (8 1/2 x 13) inches, fifteen by twenty-one (15 x 21) inches, twenty-four by thirty-six (24 x 36) inches or thirty by forty-two (30 x 42) inches, and including the following data [If one (1) sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes]

(a) All details required for preliminary approval in Subsection D(4) above.

(b) All additional requirements set forth by the reviewing Board at the time of preliminary approval

(c) Cross sections of streets, aisles, lanes and driveways, which shall adhere to applicable requirements of this chapter and applicable design standards in the Subdivision Ordinance

(d) The proposed location of all drainage, sewerage and water facilities "the proposed grades, sizes, capacities and types of materials to be used, including any drainage easements acquired or required across adjoining properties.

(e) Proposed lighting facilities, showing the direction and reflection of lighting.

(f) Architectural elevations

(g) Topographic survey and the proposed disposition of stormwater (if not supplied at preliminary approval)

(h) Landscaping plant material specifications

(i) Within the Pinelands Area, any additional information that may be required pursuant to § 190-66 of this chapter [Added 8-6-82 by Ord. No. 16-1982]

F. Environmental impact statement [Added 9-8-78 by Ord. No 18-1978]

(1) An objective environmental impact statement shall be required as a condition for approval, tentative or final, of any application for development before any agency of the Township of Pemberton, other than a minor subdivision for residential purposes

(2) Such environmental impact statement shall be prepared and furnished by and at the expense of the applicant and shall comprehend the nature and effect of any and all substantially discernible environmental consequences flowing from the proposed development It shall deal as well with the resolution of adverse environmental consequences, if any

(3) A copy of such statement shall be furnished the Pemberton Township Environmental Commission within five (5) days of its receipt, and the Commission shall be requested to review same and to report thereon to the reviewing agency of the township within twenty (20) days thereafter The reviewing agency shall accept the report of the Environmental Commission and shall make same a part of the evidence in the matter under consideration

G. Site plan waivers. [Added 6-5-1997 by Ord. No. 17-1997]

(1)Any applicant may request a waiver from site plan review under the terms of this chapter, provided that the applicant's site plan involves:

(a)Conditions for existing buildings:

[1] An existing building.

[2] No new construction.

[3] No extension of the on-tract parking requirements.

[4] No change in the existing drainage.

[5] Buildings and structures existing on-site have undergone a site plan review submission and approval within the preceding 10 years.

[6] There are no paving, parking, drainage, landscaping, or lighting problems associated with the site.

(b) Construction or use for agricultural purposes may be addressed by way of site plan waiver.

(2) (Reserved)

(3) A change in use that meets the requirements of Subsection G(1)(a) above may be submitted as a site plan waiver. For purposes herein, the term "change in use" shall be defined as a new use that results in intensification or increase of burdens on the site by way of increased employees, visitation, parking, loading and unloading, deliveries or change in building classification under the BOCA Code and/or intensification of on- and off-site impacts or improvements.