(§ 246-50 - § 246-65)
A. 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 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.
B. In short, a site plan allows the Planning Board to assess the project in order to ensure the compatibility and determine the impact of proposed uses.
C. Except as hereinafter provided, compliance with preliminary and final site plan review will be required, and no building permit or certificate of occupancy shall be issued, for any new construction and for any conversion, enlargement, alteration or addition to any existing building or structure, and for all changes in use (other than a change from one permitted use to another permitted use where no addition, conversion, enlargement or alteration is take place), with the exception of single-family and two-family detached dwelling unit buildings. Review shall be required before any excavation, removal or addition of soil on lands contemplated for development, unless the developer submits a site plan to the Planning Board and final approval is granted pursuant to a resolution of the Planning Board. No certificate of occupancy shall be authorized unless all construction conforms to the approved site plan.
(1) All other provisions requiring site plan review shall not apply for the first addition to any building or structure, as long as it does not exceed 300 square feet. All other provisions concerning side line setbacks, etc., of the Code of the Borough of Seaside Heights must be met prior to such construction. The provisions of this section shall not apply to any premises holding a liquor license.
(2) In situations where no addition or enlargement is to take place to the building or structure, site plan approval shall not be required when there is only a change from one permitted use to another permitted use, unless that change of use involves the holder or proposed holder of a liquor license. In addition, all such changes of use shall conform to the minimum zoning requirements of the new use, which shall include, but not be limited to, square footage, setback requirements, parking requirements, etc.
D. Site plan approval shall not limit the requirements for submission of an application to the Planning Board for subdivision, conditional use approvals and for any and all variances that may be required either by ordinance or pursuant to state statute.
E. Each application for site plan approval, when required pursuant to Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), shall be submitted by the applicant to the Ocean County Planning Board for review or approval as required by the aforesaid section, and the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Ocean County Planning Board or approval by the Ocean County Planning Board by its failure to report thereon within the required time.
F. The Planning Board, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions for the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions herein and within the provisions of N.J.S.A. 40:55D-1 et seq. if the literal enforcement of one or more provisions of this chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question.
G. The Planning Board shall have the power to review and approve or deny conditional uses or subdivisions simultaneously with the review for site plan approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to the Municipal Land Use Act, notice of the hearing on the plat shall include reference to the request for such conditional use.
The Planning Board shall grant approval of a site plan application if the detailed drawings, specifications and estimates based upon the application for approval conform to the standards established herein.
A. The details of the site plan are in accordance with the standards of the Borough of Seaside Heights Zoning Ordinance and any and all other ordinances of the Borough of Seaside Heights which may be in existence at the time of the application and are in harmony with the officially adopted Comprehensive Master Plan of the Borough of Seaside Heights.
B. The application is in compliance with the requirements of the Municipal Land Use Act, N.J.S.A. 40:55D-1 et seq., and any subsequent amendments thereto.
C. There is satisfactory provision for pedestrian and vehicular traffic movement within and adjacent to the site, with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads within the site, between buildings and between buildings and vehicles. The Planning Board shall ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow in these roads and to permit vehicles a rapid and safe ingress and egress to the site.
D. There is provision for off-tract water, sewer, drainage and street improvements, if required, which are necessitated by land development without any contributions for the cost of the same to be computed in accordance with N.J.S.A. 40:55D-42 and relevant provisions of the Code of the Borough of Seaside Heights. Particular emphasis shall be given to the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage and to maintain an adequate supply of water at sufficient pressure.
E. Adequate provision has been made for the design and layout of buildings and parking areas so as to provide aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact on surrounding development and contiguous and adjacent buildings and lands, and satisfactory provisions for adequate lighting to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type approved by the Planning Board. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties. Particular attention shall be given to the location, power, direction and time of any outdoor lighting so as to avoid any adverse effect upon any properties an any adjoining residential districts by impairing the established character or the potential use of properties in such districts.
F. Satisfactory provision has been made to provide shielding for electric or electronic equipment so that there is no interference with any radio or television reception at the lot line or beyond the operator's dwelling unit in case of multifamily dwellings as a result of the operation of such equipment.
G. Satisfactory provision has been made to ensure that no use shall produce a strong, dazzling light or a reflection of a strong dazzling light or glare beyond its lot line. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.
H. Buffering shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles and to shield activities from adjacent properties when necessary. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. Buffer areas shall be measured horizontally and be either perpendicular to straight lot and street lines or radial to curved lot and street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials, meeting the following requirements:
(1) Plant materials used in screen planting shall be at least four feet in height when planted and of such density that all of the glare of automobile headlights emitted from the premises is obscured throughout the full course of the year. Plant materials shall be of a species common to the area, shall be of nursery stock and shall be free of insects and disease.
(2) Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced no later than the next growing season.
(3) The screen planing shall be so placed that at maturity the plant material will be no closer than three feet from any street or property line.
(4) The buffer area shall not be broken unless specifically approved by the Planning Board.
I. Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.
J. Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.
K. No use shall produce heat perceptible beyond its lot lines. No use shall be permitted which would cause the temperature to rise or fall in Barnegat Bay or the Atlantic Ocean.
L. The sound level of any operation (other than the operation of motor vehicles or other transportation facilities in public highways, operations involved in the construction or demolition of structures, emergency alarm signals or time signals) shall not exceed the levels and operations as specified within the chapter of this Code designated as "Noise."
M. Odors shall not be discernible at the lot line or beyond.
N. No materials or waste shall be deposited upon a lot in such form or manner that such materials may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer or otherwise render such stream, watercourse or underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life, be permitted. All materials or waste which might cause fumes or dust or which constitute a fire explosion hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in an appropriate container adequate to eliminate such hazards. All disposal systems shall meet municipal specifications as to installation and construction.
O. Environmental elements relating to soil or erosion, preservation of trees, protection of watercourses and resources, noise, topography, soil and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements.
P. Driveway openings for each application requiring site plan approval shall be as follows:
(1) No greater than 16 feet of curb cut in length per 100 feet of lot frontage; corner lot property shall only use property along one street to determine the amount of frontage for parking lot purposes.
(2) No greater than 16 feet of driveway shall be allowed on each street if the same piece of property is bounded by two noncontiguous streets.
Q. Design requirements. Parking lots shall be designed to provide the following:
(1) Driveway openings shall be as follows:
(a) No greater than 16 feet of curb cut in length per 100 feet of lot frontage; corner lot property shall only use property along one street to determine the amount of frontage for parking lot purposes.
(b) No greater than 16 feet of driveway shall be allowed on each street if the same piece of property is bounded by two noncontiguous streets.
(c) Notwithstanding the above, there shall be no more than two driveway openings servicing any one project.
(2) Where possible, access drives shall not be located closer than 20 feet from the nearest right-of-way of an intersection street.
(3) Parking stalls shall not be located so as to require a vehicle to back into any portion of the public right-of-way in order to enter or exit the parking stall.
(4) All parking areas for four or more vehicles shall have artificial lighting that will provide a minimum lighting level of 0.5 horizontal footcandle throughout the parking area and access drives. For multifamily uses, such lights shall be operated from dusk to dawn and for all other uses when the site or structure is occupied. Freestanding light poles shall be no higher than the height of the highest principal building plus five feet. Shielding shall be required where necessary to prevent glare upon adjacent properties or streets.
(5) All parking spaces provided pursuant to this chapter shall be suitably graded, surfaced, drained and maintained in good condition.
(6) The following regulations and rules shall apply concerning off-street parking in each and every district in the Borough of Seaside Heights. [Amended 8-7-2002 by Ord. No. 2002-18]
(a) Hotels, motels and rooming houses: parking spaces for at least one motor vehicle for every one rental unit in such hotels, motels and rooming houses.
(b) Apartment houses, efficiency motel units, and residential condominium developments: parking spaces for two motor vehicles for every one living unit in such apartments, efficiency motel units, and residential condominium developments. One-family homes shall also require parking spaces for two motor vehicles and two-family homes shall require parking spaces for four motor vehicles.
(c) Retail business uses shall supply parking at one parking space per 500 square feet of gross floor area.
(d) Bars, cocktail lounges, nightclubs, restaurants with bars: one parking space for each 100 square feet of gross floor area.
(e) Automotive service station: five parking spaces for each service bay, exclusive of vehicle service area. In no instance shall there be fewer than five off-street parking spaces.
(f) Business offices: one parking space for each 150 square feet of gross floor area.
(g) Any other uses requiring site plan approval shall supply parking at one parking space per 500 feet of gross floor area.
(h) Except where multiple parking spaces serve only one dwelling unit or where valet parking is provided, each parking space shall have direct access to a driveway or public street and cars may not be parked so as to require removal of one vehicle in order to relocate another.
(7) Parking spaces are to be designed so that in all instances there is a minimum of four feet between parked vehicles and any building on an adjoining lot or an adjoining public sidewalk. This four-foot-wide pedestrian access aisle shall not be part of the parking area and shall be unobstructed. [Amended 8-7-2002 by Ord. No. 2002-18]
A. An application shall be made upon forms to be supplied by the Planning Board for site plan approval, and a completed application shall be submitted to the Planning Board Secretary of the Borough of Seaside Heights, together with a site plan as herein required. The site plan shall be submitted in 17 copies at least 28 days prior to the scheduled public meeting of the Board. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee. Unless the applicant is informed, in writing, by the reviewing board within 45 days of the actual submission of the application that it is incomplete, said application shall be deemed complete as of the date it was submitted. All site plans and supporting documents shall comply with the requirements hereinafter set forth and shall contain the following information and data:
(1) A properly completed site plan information form.
(2) The required fee as provided by § 246-54. [Amended 8-7-2002 by Ord. No. 2002-18]
(3) A site plan at a scale of one inch equals 20 feet.
(4) A plan certified by a New Jersey licensed architect or engineer, including accurate lot lines certified by a registered land surveyor.
(5) Plans submitted on one of the following standard sheet sizes: 15 inches by 21 inches; 24 inches by 36 inches; 30 inches by 42 inches. In the event that one 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, with reference on each sheet to the adjoining streets.
B. Each site plan submitted to the Board for approval shall have the following information shown thereon or annexed thereto:
(1) Size, height, location and arrangement of all existing and proposed buildings, structures and signs in accordance with the requirements of this chapter, including a rendering of each building or a typical building and sign showing front elevations and a proposed sue of all structures, and including:
(a) Boundaries of the tract.
(b) North arrow.
(c) Date.
(d) Graphic Scale.
(e) Zone districts in which the lot or lots are located.
(f) Existing and proposed streets and street names.
(g) Accurate location and sizes of all buildings on properties adjacent and across the street.
(h) Tile of plans.
(i) Existing and proposed streams and easements.
(k) Total number of parking spaces.
(l) All dimensions needed to conform to the Zoning Ordinance, such as but not limited to buildings, lot lines, parking spaces, setbacks and yards.
(m) A small key map giving the general location of the parcel in relation to the remainder of the municipality.
(n) A small key map giving the location of the site in relation to all remaining lands in the applicant's ownership.
(2) One copy of said plan shall consist of a translucent tracing and shall be of a size of no more than 30 inches by 42 inches, and all information appearing thereon shall be in black India ink.
(3) A scale of 20 feet to the inch. All distances shall be in feet and decimals of a foot, and all bearings shall be given to the nearest ten seconds. The error of closure shall not exceed 1 to 10,000.
(4) The names of all owners of record of all adjacent properties and the block and parcel numbers of the properties.
(5) Existing school, zoning and special district boundaries. Such features shall be shown on a separate map or as a key map on a special detailed map itself.
(6) Boundaries of the property, building or setback lines and lines of existing streets, lots, reservations, easements and areas dedicated to public use.
(7) A copy of any covenant or deed restrictions that are intended to cover all or any part of the tract.
(8) Location of existing buildings which shall remain and all other structures, such as walls, fences, culverts, bridges, roadways, etc., with spot elevations of such structures. The outline of such structures shall be indicated by a dashed line, and those that shall remain shall be shaded.
(9) Location of all storm drainage structures and utility lines, whether publicly or privately owned, with pipe sizes, grades and direction of flow; and if any existing utility lines are underground, the estimated location of said already existing underground utility lines shall be shown.
(10) Existing contours at intervals of one foot where slopes are less than 5% and at intervals of five feet when 5% or more, referenced to a datum as provided by the Planning Board Engineer to be indicated by a dashed line. Where any change in contours is proposed, finish grades should be shown as solid lines.
(11) Location of existing rock outcrops, highpoints, watercourses, depressions, ponds, marshes, wooded areas, single trees not in wooded areas with a diameter of six inches or more as measured three feet above the base of the trunk and other significant existing features, including previous flood elevations of watercourses and pond and marsh areas as determined by survey.
(12) The title of the development; the North point, scale, name and address of the record owner, engineer, architect and land planner or surveyor preparing the site development plan.
(13) A survey prepared by a licensed surveyor of the State of New Jersey shall accompany the site plan and shall show the boundaries of the parcel and the limits of all proposed streets, recreation areas and other property to be dedicated to public use. The site plan may be accompanied by such other exhibits of an architectural or planning nature submitted by the applicant or as may be required by the rules of the Planning Board.
(14) All proposed easements and public and community areas and all proposed streets with profiles indicating grade and cross sections showing width of roadways, location and width of sidewalks and location and size of utility lines, according to the standards and specifications of the Borough of Seaside Heights.
(15) The proposed use or uses of land in buildings and proposed location of buildings, including proposed grades. Such features should be indicated on a separate drawing where deemed desirable and necessary by the Planning Board Engineer.
(16) All means of vehicular access and egress to and from the site onto public streets, showing size and location of driveways, curb cuts and sidewalks, and proposed circulation plans including access streets, curbs, aisles and lanes, easements, fire lanes, driveways, parking spaces, loading areas, loading berths or docks, pedestrian walks and all related facilities for the movement and storage of goods, vehicles and persons on the site in accordance with applicable requirements of this chapter. Said proposed circulation plans should include the location of lights, lighting standards and signs and driveways within the tract and within 100 feet of the tract. Sidewalks shall be provided from each building entrance/exit along expected paths of pedestrian travel, such as but not limited to access to parking lots, driveways, other buildings on the site and across common yard spaces between buildings where pedestrian traffic can be expected to be concentrated. Plans shall be accompanied by cross sections of streets, aisles, lanes, curbing and driveways which shall adhere to applicable requirements of this chapter and applicable design standards in the Subdivision Ordinance.
(17) The location of proposed water lines, valves and hydrants and of all sewer lines or alternative means of water supply or sewage disposal and treatment in conformance with the applicable standards of the Borough of Seaside Heights and the Ocean County Municipal Utilities Authority. Said plan shall include proposed grades, sizes, capacities and types of materials to be used, including any drainage easements acquired or required across adjoining properties.
(18) The proposed location and direction of illumination, amount of illumination expressed in average horizontal footcandles, hour and time or proposed outdoor lighting and conformance with applicable standards of the Borough of Seaside Heights and as may be applied by the Planning Board of the Borough of Seaside Heights. Proposed lighting facilities shall be included, showing the direction and reflection of the lighting. All utilities shall be installed underground.
(19) The proposed screening, and landscaping, including planting plan, in conformance with the applicable standards of the Borough of Seaside Heights and the Planning Board of the Borough of Seaside Heights. Said plan shall also include a depiction of existing and proposed wooded areas and buffer areas. The landscaping plan, including seeded and/or sodded areas, grading, retaining walls, fencing, signs, recreation area, shrubbery, trees and buffer areas shall be in accordance with applicable requirements of this chapter. These plans shall show the location and type of any man-made improvements and the location and species of plant materials for all planted and landscaped areas.
(20) A proposed stormwater drainage system in conformance with the applicable standards of the Borough of Seaside Heights and the Planning Board of the Borough of Seaside Heights.
(21) Such other information or data as may be required by the Planning Board in order to determine that the details of the site plan are in accordance with the standards of the ordinances of the Borough of Seaside Heights and all other general law.
C. All applications for site plan approval shall be submitted to the County Planning Board for its review and recommendations and, where applicable, approval. Applicants shall furnish proof of such submission at the time of the submission of their application to the municipal reviewing board by presenting a copy of a site plan with an indication from the county that it has been filed with the county. Any application for site approval shall not be deemed complete in the absence of proof that it has been filed with the County Planning Board. If the County Planning Board has failed to grant or deny approval of the site plan at the time of approval of an applicant's application, such approval shall be conditioned on approval of said site plan by the County Planning Board.
D. No application for site plan approval shall be deemed complete in the absence of proof that a plan for soil erosion and sedimentation control has been submitted to the relevant reviewing authority, pursuant to the requirements of N.J.S.A. 4:24-39 et seq., or proof that such a plan is not required by said statute for the particular application. If the reviewing authority has failed to grant or deny certification of the erosion plan at the time of approval of an applicant's site plan, approval shall be conditioned on certification of the applicant's erosion plan.
E. No application for site plan approval shall be deemed complete in the absence of proof that the site plan has been submitted for approval by the necessary governmental units in charge of sewerage and sanitary water supply, the Army Corps of Engineers, if applicable; the State Department of Environmental Protection, if applicable; Fire Commissioners; and, where required, local and state boards of health. If any of the reviewing authorities have failed to grant or deny certification at the time of approval of an applicant's site plan, approval shall be conditioned on certification of the applicant's plan by each such governmental unit.
F. Checklist for Site Plan Development Review. All applicants for site plan review must complete the Checklist that is provided to them by the appropriate municipal official, and all site plans must conform to the requirements of said Checklist. Said Checklist is hereby made a part of this Code and published more fully as Appendix to the Code of the Borough of Seaside Heights.
