§ 164-18. Procedure for preliminary site plan approval.

A. Determination of completeness of application. Upon submission to the administrative officer of the Board of an application for preliminary site plan approval, such application shall be reviewed by the Board, together with all documents to be submitted with the application, and, if the application for development is found to be incomplete, the developer shall be notified, in writing, within 45 days of the original submission of such application of any deficiencies. In the event that no notification is given within 45 days, the application shall be deemed to be properly submitted.

B. Time for approval.

(1) Upon submission to the administrative officer of a completed application for preliminary site plan approval which involves 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary site plan approval within 45 days of such completed submission or within such further time as may be consented to by the developer.

(2) Upon submission of a completed application for preliminary site plan approval which involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary site plan approval within 95 days of the date of such completed submission, or within such further time as may be consented to by the developer. In the event that there is no action taken by the Planning Board within the time period set forth herein, the Board shall be deemed to have granted preliminary site plan approval of the site plan.

§ 164-19. Effect of preliminary site plan approval.

A. Rights of applicant upon approval. Preliminary site plan approval of a site plan shall, except as provided herein, confer upon the applicant the following rights for a three-year period from the date of preliminary approval.

(1) The general terms and conditions of the preliminary site plan approval shall not be changed, including, but not limited to, the use requirements; layout design and 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 any preliminary site plan approval as relate to the public health, safety and welfare.

(2) 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, as the case may be.

(3) The applicant may apply for, and the Planning Board, in its discretion, may grant extensions of preliminary site plan approvals 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 shall govern.

(4) In the event there is preliminary site plan approval for an area of 50 acres or more, the Planning Board may grant the rights referred to above herein for such period of time, longer than three years, as shall be determined by the Board to be reasonable, taking into consideration.

(a) The number of dwelling units and the nonresidential floor area permissible under preliminary approval.

(b) Economic conditions.

(c) The comprehensiveness of the development.

(5) Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection A(3) or (4) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(6) The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection A(3) or (4) of this section.

B. Extensions. The applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and the 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, such revised standards shall govern.

§ 164-20. Procedure for final site plan approval.

A. Conformance with standards and conditions. The Planning Board shall grant final approval of a site plan application if the detailed drawings and specifications conform to the standards established herein for final approval and the conditions for preliminary approval have been complied with.

B. Time for decision. Final approval shall be granted or denied within 45 days after submission of a completed application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued upon request of the applicant.

C. County approval. Whenever review or approval of an application for a final approval is required by the County Planning Board pursuant to N.J.S.A. 40:27-6.6, the Board shall condition any final approval upon timely receipt of a favorable report upon the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within its required time period.

D. Proof of other required approvals and payment of taxes. All final site plan approvals granted by the approving authority are subject to the developer's providing the Board with evidence of receipt of all approvals by agencies having jurisdiction over the subject site. No final site plan shall be signed by the Board in certification of site plan approval unless all such evidence of approvals has been provided, performance guarantees have been posted, site improvement construction inspection fees and outstanding site plan review fees have been paid. Proof that all taxes have been paid shall also be supplied.



E. Copies of approved plan. Upon signing of the final site plan by the Board chairperson, secretary and engineer, the applicant shall provide the Board secretary with one duplicate Mylar and six paper prints of the approved site plan bearing the above signatures.

§ 164-21. Site improvement inspection; release.

A. Procedure upon completion of improvements.

(1) When all of the required improvements have been completed, the developer shall notify the Township Council, in writing, by certified mail addressed in care of the Township Clerk, of the completion of the improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Council, indicating either approval or rejection of the improvements, with a statement of the reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

(2) The Township Council shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the developer, in writing, by certified mail, of the contents of such report and the action of the approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to his/her performance guaranty, except for that portion adequately sufficient to secure completion of the improvements not yet approved. The failure of the Council to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to said performance guaranty.

B. Rejection of improvements. If any portion of the required improvements is rejected, the Board may require the developer to complete such improvements and, upon completion, the same procedure or notification as set forth above shall be followed.

C. Appeals. Nothing herein shall be construed to limit the right of the developer to contest by legal proceedings any determination by the Township Council or by the Township Engineer.

D. Inspection fees; escrow. The developer, as a condition of final site plan approval, shall be required to post, in cash or certified check, site improvement construction inspection fees in accordance with Chapter 215, Zoning, and Chapter 91, Fees, as estimated by the Board engineer. The developer shall also be required to reimburse the Township for any additional inspection fees in excess of the posted fee, should additional site improvement construction inspection be required.

E. Performance guarantee. The developer, as a condition of final site plan approval, shall be required to post a performance guarantee in the amount of 120% of the cost of improvements as estimated by the Board engineer.



F. Development in phases. In the event that final approval is by stages or sections of development pursuant to sections set forth in N.J.S.A. 40:55D-38, as amended, the provisions of this section shall be applied by stage or section.

§ 164-22. Contributions for off-tract improvements.

In the event it is determined that the application for final site plan approval by the developer requires off-tract improvements, the contributions thereon shall be determined pursuant to the provisions of N.J.S.A. 40:55D-42 and Chapter 185, Subdivision of Land.

§ 164-23. Effect of final approval.

The zoning requirements applicable to the preliminary site plan approval first granted by the Board and all other rights conferred upon the developer pursuant to N.J.S.A. 40.55D-49, whether conditionally granted or otherwise, shall not be changed for a period of two years after the date of final approval.

§ 164-24. Minor site plan; approval procedures.

A. Classification. Minor site plan means a development plan of one or more lots which proposes new development, as defined in Chapter 215, Zoning, does not involve the plan development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-30; and contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.

B. Final approval. Minor site plan approval shall be deemed to be final approval of the site plan by the Board, provided that the Board may condition such approval on terms insuring the provisions of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.

C. Time for decision. Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative office or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute minor site plan approval.

D. County approval. Whenever review or approval of the application by the County Planning Board is required pursuant to N.J.S.A. 40:27-6.6, the 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 time period required.

E. Rights on approval. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval is granted shall not be changed for a period of two years from the date of minor site plan approval.

§ 164-25. Off-street parking and loading requirements.

In connection with every industrial, commercial, institutional, professional, recreational or any other use, there shall be provided off-street parking spaces and parking lot standards in accordance with the following requirements:

A. Parking lot standards.

(1) Size and access.

(a) Each dead storage bay of an off-street parking space may be perpendicular to the aisle, parallel to the aisle or at any angle between 60 and 90. No angle parking layout shall be permitted with an angle of less than 60. The following are minimum stall and aisle dimensions:



[1] Perpendicular standard parking and angle parking stalls of 60 to 90: stall width, nine feet; aisle width, 25 feet.

[2] Parallel parking: stall width, 23 feet; stall depth, 10 feet; aisle width, 12 feet for a single lane and 20 feet for a double lane.

(b) When the parking area is designed for angle parking, the stalls on both sides shall be so inclined as to permit a driver approaching from either end of the aisle to have access to the stalls on one side.

(c) In parking lots having a capacity of more than 100 cars, a main access drive shall be provided from points of ingress and egress.

(d) No parking shall be permitted on the main access drive, nor shall it serve as an access aisle to adjacent parking spaces.

(e) All parking areas and driveways shall be clearly marked and shall include barrier lines, lane lines, directional arrows, stop lines and fire lanes.

(f) Entrance and exit drives shall have a minimum width of 15 feet for those designed for one-way traffic and 30 feet for those carrying two-way traffic.

(g) All access drives shall provide a minimum turning radius of 30 feet.

(h) All off-street parking areas shall conform to the requirements of the New Jersey State Barrier-Free Access Code and shall contain the number of handicapped parking stalls required by the above noted code. Handicapped parking stalls shall have a minimum stall width of 12 feet and a minimum stall depth of 20 feet. All handicapped parking stalls shall be located such that handicapped persons are not required to travel behind parking vehicles for access to buildings. All handicapped parking stalls shall be appropriately marked.



(i) Precast concrete wheel stops shall be provided in all parking stalls which abut a sidewalk or other walkway. The wheel stops shall be placed three feet from the end of the stall The wheel stops shall be of precast concrete and shall conform to the standard configuration as set forth in figure 1 at the end of this chapter. Each wheel stop shall be anchored by means of a solid steel pin having a minimum diameter of one inch and a length of 36 inches, driven through each end of the stop and securing it firmly into the ground.

(2) Safety islands. Where parking is permitted between the building line and a street line, and where the required minimum parking spaces for a particular use, as set forth hereinafter, are at or greater than three, a safety island shall be provided to separate the public street from the parking area in accordance with the following minimum requirements:

(a) The width of the safety island shall be that width between the proposed street curbline and a point five feet inside the property line. When this width is less than 13 feet, the parking area shall be reduced to provide a minimum width for the safety island of 13 feet. All required tree and shrub plantings shall be planted on the on-site portion of the safety island.

(b) Safety islands shall be raised a minimum of six inches above the adjacent parking area.

(c) Safety islands shall be topsoiled and seeded, or otherwise landscaped, except as an alternative, when approved by the Board, they may be constructed of maintenance-free materials which provide a clear and unmistakable distinction between the parking area and the safety island.

(d) Notwithstanding the use of maintenance-free materials, there shall be provided at least one shade tree every 40 feet, or part thereof, on all safety islands. A greater distance will be allowed for plantings if necessary for traffic safety. The area between trees shall be planted with a minimum of three evergreen-type shrubs not exceeding 36 inches in height.

(e) No commercial signs, light standards, or other aboveground obstructions, other than plantings, shall be permitted in the safety islands.

(3) Parking areas. Parking areas having more than three spaces shall be designed to fulfill the following minimum requirements:

(a) A safety island or raised median shall be provided as herein described.

(b) A five-foot, unbroken, landscaped dividing strip shall be provided along all side property lines from the street line to the rear lot line, unless otherwise specified herein or unless the Board, for good cause, shall waive such requirements.

(c) Not more than one two-way access driveway or two one-way access driveways shall be provided on any one street, unless otherwise approved by the Board.

(d) All entrance and exit driveways shall be curbed on both sides from the street curb to a point at the beginning of access driveways or parking stalls.

(e) All directional, one-way, driveways shall be marked by appropriate signs facing all peripheral service roads and parking areas serving the property.

(4) Large parking areas. Parking lots which have a capacity for parking more than 50 vehicles shall incorporate the following minimum design standards:

(a) All entrance and exit driveways shall be curbed on both sides a minimum distance of 100 feet back from the street curb or to a major collector aisle.

(b) No parking stalls which shall require the use of the entrance and exit driveways as access aisles shall be permitted.

(c) All access driveways located along one-way streets or divided highways shall be separate one-way driveways. Such driveways shall be located so that vehicles enter the parking area at the beginning of the property and exit at the far end of the property, unless other considerations, such as a median opening, dictate otherwise.

(d) No driveway shall be located less than 10 feet from the side property line or within 30 feet of an existing drive, whichever is greater.

(5) Access between abutting properties. Unrestricted vehicular access shall not be permitted between adjacent properties, except as provided herein. Vehicular access, deemed necessary by the Board, shall be limited to one opening providing two lanes of traffic. Access shall be denied across the remainder of the side lines by the construction of a landscaped dividing strip at least five feet in width on the property being developed. If and when the adjacent property is developed, there shall be a similar dividing strip on that property at least five feet wide. All dividing strips shall be landscaped as provided herein and curbed where it abuts a parking area or drive. When the property being developed is adjacent to undeveloped land, a general access easement shall be provided by the developer to allow for the future connection of the parking lot with any subsequent adjacent parking lots when deemed necessary by the Board to minimize the impact on frontage roads for traffic between developments. When a parking lot connection is feasible and deemed necessary by the Board between the proposed parking lot and an adjacent existing parking lot, the developer shall install the parking lot connection at his/her own expense.

B. Off-street loading and unloading requirements.

(1) No on the street loading or unloading shall be permitted in any zone.

(2) In all nonresidential uses, sufficient off-street loading and unloading spaces shall be provided to adequately accommodate such loading and unloading of vehicles as shall be necessary for the services to and from the nonresidential use situated on the lands.

(3) Minimum required off-street loading and unloading spaces shall be provided as set forth in Chapter 215, Zoning.

(4) Each loading and unloading space shall not be less than 12 feet in width and 35 feet in length and shall have a minimum vertical clearance of 14 feet.

(5) Off-street loading and unloading spaces for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to and that no accessory space, or portion thereof, shall serve as a required space for more than one use.

C. Design standards.

(1) Pavement.

(a) Surface course. Hot mixed bituminous concrete, Type FABC-1, modified mix No. 5, of a two-inch compacted thickness.

(b) Base course. A gravel base course having a compacted thickness of not less than six inches and conforming to the New Jersey Department of Transportation for gravel base course and soil aggregate, Type 2, Class A or Class B. In lieu of the soil aggregate base course, a base course of quarry blend stone, conforming to New Jersey Department of Transportation specifications for quarry blend aggregate Type 5A, may be substituted and shall have a minimum compacted thickness of six inches and shall be placed on a filter fabric such as Tar, Mirafi or approved equal. Unless specifically waived by the Township Engineer, at the time of inspection a prime coat of asphaltic cutback oil Type MC 70 or 250 shall be applied to all base courses, at a rate of zero and 0.10 to zero and 0.25 gallon per square yard. The application shall be made not less than 12 hours in advance of paving. All surfacing, base, subbase, subgrade and paving construction methods and materials shall conform to the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, latest edition, as amended, or as modified herein or as otherwise directed by the Township Engineer.

(c) Subgrade or subbase. All drives, parking areas and other paved site areas subject to vehicular travel shall be constructed on suitable subgrade or subbase and approved by the Township Engineer before installation of the base course. Where subbase or subgrade conditions are wet, spongy or of such a nature that surfacing would be inadvisable without first improving the subbase or subgrade to eliminate such conditions, the treatment of subbases or subgrades shall be made in the following manner: The area of unsuitable subgrade or subbase shall be excavated to a depth that shall be a minimum of 12 inches below the proposed top of subgrade or subbase elevation and backfilled with suitable subgrade material conforming to the specifications of the New Jersey Department of Transportation and shall be placed in succeeding lifts not to exceed six inches in depth. Each lift shall be thoroughly compacted using compaction methods and equipment as approved by the Township Engineer.

(2) Curbing. All curbing shall be constructed of cast-in-place portland cement concrete, Class B, air-entrained, 3,500 pounds per square inch twenty-eight-day compressive strength. All curbing shall conform to the standard detail of the New Jersey Department of Transportation for 6 x 8 x 18 inch vertical curb. The curb reveal above the finished pavement elevation shall be six inches.

(3) Driveway aprons. In all locations, a driveway apron constructed of portland cement concrete, not less than six inches thick, reinforced by 6 x 6 inch x 10 gauge steel wire mesh shall be installed. The apron shall extend from the curbline at the street to the inside edge, lot side, of the sidewalk, approximately seven feet.

(4) Lighting.

(a) All parking and loading areas must be adequately illuminated in accordance with standards of the Township. All lighting must be designed and installed so that glare is reflected away from all streets and adjoining properties. All exterior lighting must conform to the requirements set forth in the BOCA Code regulations for energy use and all other applicable requirements of the Township.

(b) A lighting plan shall be submitted showing the isolux pattern for the maintained horizontal 0.5 footcandle intensity at the ground surface, superimposed on the plan at each light location. The plans shall include the light locations, type of fixture, the fixture mounting height, pole construction and support details. For each fixture type, an isolux diagram and table of footcandle values at various mounting heights shall be provided.

D. Fire zones. Fire zones shall be provided in parking and loading areas as required by the Board. When deemed necessary, the site plan shall be submitted to the local fire authority for review.

E. Employee parking. No on-street parking for employees shall be permitted in any industrial, commercial or office-commercial zone.

F. Off-street parking. Minimum off-street parking spaces required for various uses shall be as set forth in Chapter 215, Zoning.

§ 164-26. Screening and buffer areas.

A. Parking and loading areas. Every parcel of land hereafter used as a public or private parking area for three or more vehicles or as a loading or unloading area shall be screened on the side or sides which adjoin residential uses of land, in accordance with the standards and regulations set forth in Chapter 119, Landscaping, and Chapter 215, Zoning, regarding buffer zones and screening strips.

B. Garbage collection area. Refuse storage and pickup areas shall be properly screened to prevent the unsightly display and the scattering of debris. The following minimum requirements shall apply:

(1) The area shall be surrounded on at least three sides by a uniform fence not less than five feet nor more than eight feet in height. The fence shall be located and be of such type as to promote safety and ensure against creation of an unsightly condition. The fence must at all times be maintained so as to be kept in a sound, upright, fully repaired and painted condition or, if not painted, shall be made of such material as does not corrode, rust or change appearance if left unpainted. The opening in the fence shall be so located as to prevent the visual display of refuse from any adjacent parking area or street.

(2) The above-described fence shall be exempt from the provisions of any Township ordinance regulating the height of fences and requiring permits therefor.

(3) No refuse area shall be located in any area considered to be a front yard in any area of a site which fronts on any street.

C. Buffer. A landscaped buffer shall be provided in accordance with the requirements of Chapter 119, Landscaping, and Chapter 215, Zoning. The minimum width of the buffer shall be 50 feet for a building or group of buildings over 40,000 square feet in area.