This chapter shall be known and may be cited as the "Site Plan Review Ordinance of the Township of Winslow, County of Camden, New Jersey."
The purpose of this chapter shall be to provide rules, regulations and standards to guide land development in the Township of Winslow in order to promote the public health, safety, convenience and general welfare of the township.
The approval provisions of this chapter shall be administered by the Planning Board as provided in § 14-5 of Chapter 14, Planning Board, of the Code of the Township of Winslow.
A.. [Amended 11-16-93 by Ord. No. 0-36-93] Prior to the issuance of any building permit by the Building Inspector for any proposed land development, including commercial, and/or industrial, and/or multi-family structures containing three (3) or more units, or any land development requiring off-street parking area, or off-street standing area for three (3) or more vehicles, a site plan shall be submitted to the Planning Board for its review and recommendations.
(1) [Added 7-21-98 by Ord. No. 0-14-98] Minor site plan shall mean a site plan of one (1) or more lots which:
(a) Does not propose the new construction or addition to any building or structure greater than five thousand (5,000) gross square feet;
(b) Does not disturb more than ten thousand (10,000) gross square feet of land area;
(c) Requires fifteen (15) or fewer off street parking spaces;
(d) Is not a planned development, as defined by N.J.S.A. 40:55D-1 et seq.;
(e) Does not involve the extension of any new street or off-tract improvement; and
(f) Contains information sufficient to make an informed judgment as to whether the requirements established by this chapter for the approval of a minor site plan have been met.
(2) Major site plan means any site plan not meeting the definition of a minor site plan. [Added 7-21-98 by Ord. No. 0-14-98]
B. [Amended 11-16-93 by Ord. No. 0-36-93] Site plans are not required for the following uses, but developers of such uses are urged to consult with the Planning Board concerning these proposed developments:
(1) Residential structures containing less than three (3) units.
(2) Other land developments providing less than three (3) vehicle parking spaces.
C. The Planning Board shall act on any site plan submitted to it for review within forty-five (45) days after receipt of the same from the Building Inspector. The Building Inspector or Zoning Officer shall submit all applications at the Planning Board meeting following receipt of the same. If the Planning Board fails to act on a site plan within the forty-five-day period, said site plans shall be deemed to have been approved by the Planning Board, unless by mutual agreement between the Planning Board and the applicant or his authorized agent the forty-five-day period shall be extended for an additional forty-five-day period.
D. The Planning Board shall notify the Building Inspector and Zoning Officer of its action on the site plan. The application and a copy of such action shall be forwarded to the applicant and the Township Committee.
E. In the event that the Planning Board disapproves a site plan application, the reasons for disapproval shall be stated in writing. Copies of the report disapproving said plan shall be forwarded to the applicant, the Township Committee and the Building Inspector and Zoning Officer by certified mail.
F. In acting upon any site plan submitted to it, the Planning Board shall ascertain that all of the terms, conditions and requirements of this chapter are met.
G. No change of engineering design shall be made without the approval of the Township Engineer.
H. Development on lands located within the Pinelands Area of the township shall, satisfy the requirements of the Pinelands development review procedures set out in Article V of Chapter 40, Land Use Procedures. [Added 2-23-83 by Ord. No. 0-3-83]
I. No development involving the use of Pinelands Development Credits shall be approved until the developer has provided the Commission and the approval agency with evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the approval agency 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 40-41 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. [Added 5-24-89 by Ord. No. 0-27-89; 2-25-97 by Ord. No. 0-2-97; amended 6-19-01 by Ord. No. 0-13-2001]
J. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review. [Added 7-21-98-by Ord. No. 0-14-98]
[Amended 3-26-86 by Ord. No. 0-2-86]
Applications, plus four (4) copies of the site plan and all supporting documents and data, shall be filed with the local Building Inspector or Zoning Officer, who shall forthwith forward the same to the Planning Board.
A. Scale. Any site plan presented to the Planning Board shall be drawn at a scale not smaller than one (1) inch equals fifty (50) feet and not larger than (1) inch equals ten (10) feet, except that plans for land developments that will occupy sites of more than forty (40) acres may be drawn in accordance with the following table:
B. Map size. The sizes of all maps and plans of any proposed land development shall be consistent with the sizes permitted under Chapter 141 of the Laws of 1960, known as "New Jersey Map Filing Law," as follows:
(1) Eight and one-half by thirteen (8 1/2 x 13) inches.
(2) Fifteen by twenty-one (15 x 21) inches.
(3) Twenty-four by thirty-six (24 x 36) inches.
(4) Thirty by forty-two (30 x 42) inches.
C. Plan details. Any site plan shall include and show the following information with respect to the subject lot or lots:
(1) The name and address of the applicant and the owner and the name, address and title of the person preparing the plan, maps, including appropriate map titles, and accompanying data.
(2) An appropriate place for the signatures of the Planning Board Chairman and Township Engineer.
(3) The Municipal Tax Map lot and block numbers of the lot or lots, tax sheet number and key location map.
(4) A date, scale and North arrow on any map.
(5) The zone district in which the lot or lots are located.
(6) All existing and proposed setback dimensions, landscaped areas, trees over six-inch caliper and fencing.
(7) All existing and proposed signs and lighting standards and utility poles and their size, type construction and location.
(8) The existing and proposed principal buildings or structures and all accessory buildings or structures, if any, and finished grade elevations at all corners of said buildings.
(9) Existing topography based upon United States Coast and Geodetic Survey datum or approved local datum and proposed grading with a maximum of two-foot contour intervals.
(10) The location, type and size of all existing and proposed catch basins, storm drainage facilities and utilities, plus all required design data supporting the adequacy of the existing or proposed facility to handle future storm flows.
(11) The location, type and size of all existing and proposed curbs, sidewalks, driveways, fences, retaining walls and parking space areas and the layouts thereof and all off-street loading areas, together with all of the dimensions of all the foregoing on the site in question and within one hundred (100) feet of said site.
(12) The location, size and nature of all existing and proposed rights-of-way, easements and. other encumbrances which may affect the lot or lots in question, and the location, size and description of any lands to be dedicated to the municipality.
(13) The location, size and nature 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, even though only a portion of the entire property is involved in the site plan for which approval is sought; provided, however, that where it is physically impossible to show such entire lot or lots or contiguous lots on one (1) map, a key map thereof shall be submitted.
(14) The location, names and widths of all existing and proposed streets, including cross sections and profiles abutting the lot or lots in question and within two hundred (200) feet of said lot.
(15) An architectural elevation and design perspective of all proposed structures;
(16) Any and all other information and data necessary to meet any of the requirements of this chapter not listed above.
(17) The location of all proposed streetlights, if necessary or as required by the township. [Added 1-25-84 by Ord. No. 0-2-84]
D. Development on lands located within the Pinelands Area of the township shall include the submission requirements set out for Pinelands development review in Article V of Chapter 40, Land Use Procedures. [Added 2-23-83 by Ord. No. 0-3-83]
A. Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit shall be a basis of one (1) or more of the following actions:
(1) Revocation of the building permit.
(2) The revocation or withholding of the issuance of a certificate of occupancy.
(3) Forfeiture of any performance bond or other payment guaranty required by the township to cover the costs of improvements.
(4) Appropriate court action where provided for by law.
B. A written notice of noncompliance shall be forwarded, by certified mail, to the applicant requesting evidence of compliance, with the conditions of site plan approval, within a period of time of not more than ten (10) days from the date of the written notice.
[Amended 10-24-90 by Ord. No. 0.21-90]
Any site plan approved by the Planning Board under the terms of this chapter shall confer upon the applicant the rights set forth under the New Jersey Municipal Land Use Law in N.J.SA. 40:55D-49, et seq. and shall confer such rights to the periods of time set forth therein.
If any person shall be aggrieved by the action of the Planning Board, an appeal in writing to the Township Committee may be taken within ten (10) days after the date of the action of the Planning Board. A hearing thereon shall be had upon notice to all parties and interests, who shall be afforded an opportunity to be heard. After such hearing, the Township Committee may affirm or reverse the action of the Planning Board by a recorded vote of a majority of the total members thereof. The finding and reasons for the disposition of the appeal shall be stated upon the records of the Township Committee, and the applying party shall be given a copy.
A.. As a condition to the approval of a site plan, the Planning Board may require the dedication of additional rights-of-way in accordance with the Master Plan adopted by the Township Committee or an Official Township Map adopted by the Township Committee.
B.. On an existing road, the additional right-of-way shall be that portion of the site which abuts a road and which lies between the existing right-of-way and the proposed future right-of-way line for the road as set forth on the duly adopted Township Master Plan or Official Township Map. However, where the proposed future right-of-way lines for an existing county road are drawn so that the total additional right-of-way is to be secured from just one (1) side of the road, only one-half (1/2) of that additional right-of-way shall be required to be dedicated as a condition to the approval of the site plan. Also, the Planning Board may require the reservation of the remaining area of the future right-of-way for future acquisition. The building setback lines shall be measured from the future right-of-way-line:
C. In order to effect dedications required by this section, a deed for such lands shall be furnished to the township in a form approved by the Township Solicitor.
[Amended 2-15-84 by Ord. No. 0-1-84]
A. As a condition for the approval of a site plan, the Planning Board shall require the developer to submit to the by the Township Solicitor, in an amount which is equivalent to one hundred twenty percent (120%) of the cost of installation for improvements which the Planning Board may deem necessary or appropriate, including: streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments required by the "Map Filing Law" (N.J.S. 46:23-9.9), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.
The aforesaid costs shall be determined by the Municipal Engineer according to the method of calculation set forth in N.J.S. 40:55D- 53.4. Said itemized cost estimate shall be appended to each performance guaranty posted by the developer or obligor.
B. The performance guaranty shall be retained until all improvements have been completed to the satisfaction of the Township Engineer and the Planning Board and upon certification from the Planning Board that improvements to be installed on any right-of- way are acceptable to that Board. The Township Committee shall, on written authority from the Township Engineer, then release and return the performance guaranty, however, said Board shall require as a condition of its release, the posting of a maintenance guaranty for a period not to exceed two (2) years after final acceptance of the improvements, in an amount which is equivalent to fifteen percent (15%) of the cost of the improvements, which cost shall be determined by the Municipal Engineer, according to the method of calculation set forth in N.J.S. 40:55D-53.4.
C. The performance and/or maintenance guaranty must be a form of security acceptable to the Planning Board. Said Board is hereby authorized to accept a bond, cash guarantee or letter of credit, to be held as security for the performance and/or maintenance requirements. In those instances where a cash contribution to the township is authorized in order to cover a share of the cost of improvements, the approval of a site plan shall be further conditioned upon the receipt of such contribution in the form of a certified check made payable to the Township of Winslow, and, deposited in an account reserved for such improvements.
A.. Off-street parking.
(1) Off-street parking requirements as set forth in the Zoning Ordinance of the Township of Winslow, as amended, shall govern.
(2) Off street parking areas should be designed to prevent the maneuvering of vehicles into or out of parking spaces or the storage of vehicles within any portion of an entrance driveway or driveway lane that is within twenty (20) feet of the right-of-line of a road. Off- street parking areas should be so designed to permit all vehicles to turn around on the site in order to prevent the necessity of any vehicle backing onto the road from such site.
(3) No required off-street parking space, including adjacent parking access lanes or maneuvering space; shall be located within the existing of proposed right-of-way of a road, including the sidewalk area.
B. Off street loading. The requirements and standards set forth in the Zoning Ordinance of the Township of Winslow, as amended, shall govern.
C. Customers' service areas. Any site plan that provides temporary stopping space or maneuvering space for vehicles of customers or patrons seeking service at a roadside business establishment, such as a roadside grocery or farm produce stand, gasoline service station, drive-in bank, etc., should be so located that the stopping or maneuvering space is at least ten (10) feet back from the right-of- way line of a road.
D. Driveways.
(1) The number of driveways provided from a site directly to any road shall be as follows:
(2) All entrance and exit driveways to a road shall be so located to afford maximum safety on the road.
(3) Any exit driveway or driveway lane shall be so designed in profile and grading and shall be so located to permit the following minimum sight distance measured in each direction along any abutting township, county or state road. The measurement shall be from the driver's seat of a vehicle standing on that portion of the exit driveway that is immediately outside the edge of the road, traveled way or shoulder.
(4) Where a site occupies a corner of two (2) intersecting roads, no driveway entrance or exit may be located within a minimum of thirty (30) feet of the tangent of the existing or proposed curb radius of that site.
(5) No entrance or exit driveway shall be located on the following portions of any collector or arterial road; on a traffic circle; on the ramp of an interchange; within thirty (30) feet of the beginning of any ramp or other portion of an interchange; or on any portion of such road where the grade has been changed to incorporate an interchange.
(6) Where two (2) or more driveways connect a single site to any one (1) road, a minimum clear distance of twenty-five (25) feet measured along the right-of-way line shall separate the closest edges of any two (2) such driveways.
(7) Driveways used for two-way operation will intersect any collector or arterial road at an angle to as near ninety degrees (90) as site conditions will permit and in no case will be less than sixty degrees (60 ).
(8) Driveways used by vehicles in one (1) direction of travel (right turn only) shall not form an angle smaller than forty-five degrees (45) with a collector or arterial road, unless acceleration and deceleration lanes are provided.
(9) The dimensions of driveways shall be designated to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. The required maximum and minimum dimensions for. driveways are indicated in the accompanying table. Driveways serving large volumes of daily traffic or traffic over twenty-five percent (25%) of which is truck traffic shall be required to utilize high to maximum dimensions. Driveways serving low daily traffic volumes or traffic less than twenty-five percent (25%) of which is truck traffic shall be permitted to use low to minimum dimensions.
(10) The surface of any driveway, subject to township site plan approval, shall be constructed with a permanent pavement of a type specified by standards set by and in the Land Subdivision Ordinance of the township.' Such pavement shall extend to the paved traveled way or paved shoulder of the road, and such pavement shall extend throughout the area defined by the required driveway dimensions specified in Subsection D(9) above.
(11) Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.
(12) All driveway profiles and grades shall be submitted to and approved by the Township Engineer.
(13) Should the sidewalk be so close to the curb at a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk should be appropriately lowered to provide a suitable ramp gradient.
E. Acceleration lanes. Where a driveway serves right-turning traffic from a parking area providing two hundred (200) or more parking spaces and/or the abutting road has a peak-hour traffic volume exceeding one thousand (1,000) vehicles per hour, an acceleration lane shall be provided in accordance with A Policy of Geometric Design of Rural Highways, c. 1965, American Association of State High way Officials.
F. Deceleration lanes. Where a driveway serves as an entrance to a land development providing fifty (50) or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from any collector or arterial road. The deceleration lane is to be at least two hundred (200) feet long and at least fifteen (15) feet wide measured from the abutting road curbline. A minimum forty-foot curb return radius will be used from the deceleration lane into the driveway.
G. Building and site design.
(1) Site design.
(a) Environmental protection. Every effort shall be made to either preserve the landscape in its natural state or to improve existing site conditions according to high standards of conservation and environmental protection and in keeping with adjacent areas. A stilling basin shall be required of a size determined by the Township Engineer to retain the natural state of contiguous or on-site streams. Within the Pinelands Area of the township a site design shall conform with those design and performance standards ensuring environmental protection that are found in Article XV of Chapter 296 of the Winslow Code. [Amended 8-25-82 by Ord. No. 0-8-82; 2-23-83 by Ord. No. 0-3-83]
(b) Orientation and siting. In the case of freestanding buildings or structures and depending on individual site characteristics, consideration shall be given to positioning that provides a desirable visual composition, avoids blocking natural vistas, provides a desirable space enclosure, does not unnecessarily alter existing topography and vegetation and otherwise respects established natural conditions and surrounding buildings and structures.
(a) Building features. In reviewing site plans, consideration shall be given to building material, use of color and/or texture, massing, fenestration and advertising features as they will relate to site conditions and harmonize with similar elements in surrounding buildings or structures.
(b) Special features.
[1] Off-street parking areas for passenger cars and appurtenant driveways and walkways shall be constructed with a permanent pavement of a type specified for minor streets in the Land Subdivision Ordinance of the township.
[2] Off-street parking areas, loading or unloading areas for trucks and appurtenant driveways and walkways shall be constructed with a permanent pavement of a type specified for arterial streets in the Land Subdivision Ordinance.
(c) These and other utility buildings or structures shall harmoniously blend with existing site features and surrounding development through careful attention to existing topography, siting and screening techniques.
(3) Buffering.
(a) Normal Zoning Ordinance buffering requirements shall apply unless the Planning Board shall determine that a special noise, light, visual or environmental problem exists, in which case a planting strip of up to fifty (50) feet may be required to be planted with evergreens so as to form an effective screen and/or suitable fencing not more than ten (10) feet in height.
(b) Vegetation planting as buffering within the Pinelands Area of the township shall conform with the species listed under § 296-82 of Article XV, Chapter 296, of the Winslow Code. [Added 825-82 by Ord. No. 0-8-82]
H. Special uses.
(1) Specific site development standards and requirements included in the Zoning Ordinance' for particular uses, such as utility installations, gasoline stations, apartment projects, shopping centers, industrial parks, etc., shall apply. In the case of a conflict between such standards and requirements and those included in this section, the more stringent shall apply.
(2) In reviewing site plans, the Planning Board, when required, shall make its approval subject to any applicable general zoning regulations, including set backs, lot size requirements; performance standards, etc.
(3) Any and all conditions of site plan approval shall be complied with on a continuing basis. Failure to do so shall render an issued certificate of occupancy null and void.
I. Sidewalks.
(1) Each land development subject to site plan approval that abuts an arterial or collector street shall provide a sidewalk within the road right-of-way as required by the Zoning Ordinance or other ordinances of the township.
(2) Such sidewalk required as a condition of approval under this chapter shall be located in accordance with applicable ordinances and as approved by the Township Engineer.
J. Curbing. Each land development requiring site plan approval shall install portland cement concrete curbs and gutters [gutter will not be required except in cases where the grade of the road is less than fifty ten-thousandths (0.0050) and, in the opinion of the Township Engineer, a drainage problem exists] along the entire property frontage of the township road and along roads, drives and the perimeter of parking areas not to be dedicated to the township, in accordance with the standards and specifications as set forth in the Subdivision Ordinance of the township, as amended," and as approved by the Township Engineer.
K. Shoulder paving. In each land development requiring site plan approval and where curbing is installed by the developer, the developer will install paving in the area between the edge of the existing pavement and curbing along the entire property frontage of the road in accordance with the standards and specifications as set forth by the Township Engineer.
L. Signs. To facilitate the safe and efficient movement of traffic into and out of a site, the Planning Board may, as a condition of the site plan approval, require the installation of specified directional, regulatory or advisory signs or pavement markings at designated locations on the site of the right-of-way. Such signs shall be of a size, color and design specified in accordance with the Uniform Manual of Traffic Control Devices (Police Department report on traffic control).
M.. Drainage. Each land development not subject to county site plan approval shall provide adequate drainage structures in accordance with standards set by the Township Engineer for handling stormwater that is generated on and/or through such site. Drainage plans for land within the Pinelands Area of the township shall conform with the standards for stormwater management listed under § 296-81 of Article XV, Chapter 296, of the Winslow Code. [Amended 8-25-82 by Ord. No. 0-8-82]
N.. Streetlights. Streetlights, if necessary or required, and the location of same shall be in accordance with the plans and specifications as prepared by a qualified architect, engineer or the Atlantic City Electric Company. All costs, including installation, maintenance, replacement, repair and electric source, shall be the responsibility of the site owner/applicant, unless other arrangements are formally approved by the township. [Added 1-25-84 by Ord. No. 0-2-84]
O.. Multi-family housing. [Added 11-16-93 by Ord. No. 0-36-93]
(1) Any building containing three (3) or more dwelling units occupied or intended to be occupied by persons living independently of each other, is governed by the provisions of this subsection. Any multi-family housing development requiring subdivision or site plan approval, must include an indoor or outdoor recycling area for the collection and storage of residentially-generated recyclable materials.
(2) The recycling area shall be large enough to accommodate a number of recycling bins and/or containers, consistent with the anticipated usage.
(3) Said recycling area shall be physically situated so as to not impair the flow of the normal collection process.
(4) Said recycling area must be situated to be reasonably accessible to recycling personnel and vehicles, and, in other respects, comply with Article 2 of Chapter 153 of the Code of the Township of Winslow.
(5) The bins and/or containers shall be designed so as to provide maximum protection against adverse environmental conditions. Reasonable measures shall be taken to protect the recycling area against theft of the recyclable materials, bins and/or containers.
(6) Signs and/or markers identifying the recycling area shall be posted. The bins and/or containers shall be plainly marked so as to indicate the material to be placed therein.
(7) Protection by means of landscaping and/or appropriate fencing, shall be provided around any outdoor recycling area.
P. Speed bumps shall be prohibited in any and all parking areas, driveways or as otherwise prohibited by State law. [Added 7-25-95 by Ord. No. 0-27-95]
