A. STATEMENT OF-PURPOSE
This ordinance establishes a site plan review process for proposed development in Franklin Township. The purpose of the review is to ensure:
(1) preservation of existing natural resources on the site;
(2) safe and efficient vehicular and pedestrian circulation, parking, loading and access for emergency vehicles;
(3) adequate screening, landscaping and location of structures;
(4) exterior lighting needed for safety reasons in addition to any requirements for street lighting;
(5) efficient, safe and aesthetic and development;
(7) compliance with appropriate design standards to ensure adequate light and 'air, proper building arrangements, and minimum adverse impact on surrounding property;
(8) adequate water supply, drainage and storm water management, sanitary facilities, and other utilities and services; and
(9) adequate recreation, open space and public use areas.
A. GENERAL REQUIREMENTS
Site plan review and approval shall be required for any change of use or addition of use, any change of occupant, or before any excavation, removal of soil, clearing of a site or placement of any fill on lands contemplated for development. Except as hereinafter provided, no building permit shall be issued for any building or change in use of any building including accessory structures unless a site plan is first submitted and approved by the Planning Board and no certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the Planning Board.
B. SIMULTANEOUS REVIEW
The Planning Board shall have the power to review and approve or deny conditional uses or subdivisions simultaneously with 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 period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
C. SITE PLAN COMMITTEE
(Section 112-16C deleted 3/27/90 by Ordinance #1559)
C. EXEMPTIONS AND EXCEPTIONS (Redesignated as C and amended 7/14/92 by Ordinance #1720)
Site plan review requirements shall be waived or exceptions may be granted under the following conditions:
(1) Site plan approval shall not be required for any detached one or two dwelling unit buildings or any uses accessory thereto, such as a private garage or storage shed incidental to residential uses; but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required by Township ordinances;
(2) Site plan approval shall not be required for buildings which are part of a Farming Operation as defined herein, which comply with all provisions of this ordinance, and where the parcel of land on which the structure is proposed is under Farmland Assessment;
(3) The Planning Board, when acting upon applications for preliminary site plan approval, may grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review adopted pursuant to .this ordinance, if the literal enforcement of one or more provisions of the Ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
(4) Site plan approval shall not be required for applications for minor site plans as defined herein where the proposed disturbance or structure is less than 1,000 square feet and where the Township Engineer determines that no adverse impacts will occur from such proposed development.
(5) Upon application to the Administrative Officer site plan approval shall be waived for any change of tenant or occupant where the change does not require relief from any provisions of this ordinance, and where the Administrative Officer has found the amount and size of parking existing to conform to the requirements of the ordinance. The Administrative Officer shall make his determination within thirty (30) days of receipt of the application.
D. MINOR SITE PLAN APPLICATION [Added 7/14/92 by Ord. No. 1720; Amended 9/9/98 by Ord. No. 3001]
The following shall be provided for a minor site plan submission:
(1) Completed Application Form.
(2) Written description of the existing site and the proposed development.
(3) Twenty (20) sealed site plans showing:
(a) all structures
(b) all stoned and paved areas, including delineation of parking stalls
(c) landscaping
(d) lighting
(4) Twenty (20) copies of the existing floor plans and proposed floor plans, with the areas subject to change of use clearly defined.
(5) Include a road map indicating the planned route by which all contractors, equipment, supplies, materials and other such items necessary for construction will be routed to the site so as to avoid, as far as possible, the necessity of transiting existing residential areas and neighborhoods. [Added 5/9/00 by Ord. No. 31281]
**Webmaster's Note: The previous section 112-16C(3) through D(5) has been amended as per the 2000 Supplement.
A. REVIEW TO DETERMINE COMPLETENESS
The applicant shall submit five copies of his site plan application to the Secretary of the Planning Board. The application shall include all information indicated in Section 112-23, Site Plan Details. The Secretary shall distribute copies to members of the Site Plan Committee, which shall meet to determine completeness of the application. The Committee shall indicate items not provided or shall deem the application complete and report such to the Planning Board.
B. SUBMISSION OF COMPLETE APPLICATION
(1) Upon determination of completeness by the Site Plan Committee, the applicant shall submit twenty-five (25) copies of his complete application to the Secretary of the Planning Board. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee.
(2) Unless the applicant is informed in writing by the Secretary of the Planning 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.
(3) Prior to submission of a formal application, applicants shall be encouraged to submit sketch site plans for informal discussions, review and recommendations by the Planning Director. Said sketch site plans shall be used as a basis for changes, redesign or waiver and to avoid undue expense and delay in preparing more detailed plans and specifications. The Planning Board shall not be governed by statutory time limits in its review of sketch site plans, and it is expressly understood that compliance with the Planning Board recommendations shall not bind the Planning Board in subsequent deliberations on a full application.
C. SUBMISSION TO COUNTY
Applications for site plan approval shall be submitted to the Somerset County Planning Board by the applicant for review whenever review or approval of the application by the County Planning Board is required by C.40:27-6.3. Notice of submittal shall be forwarded to the Franklin Township Planning Board. The Franklin 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 or by its failure to report thereon within the required time period.
D. SUBMISSION TO SOIL CONSERVATION DISTRICT
The applicant shall submit copies of the site plan application to the (Soil Conservation Service, Somerset County District) office, when required by C.4:24-39 et. seq. 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 as required above or proof that such a plan is not required for the particular application. , If the reviewing authority has failed to grant or deny certification of the erosion plan at the time of preliminary approval said approval shall be conditioned on certification of the applicant's erosion plan.
E. SUBMISSION TO OTHER AGENCIES
The applicant shall be responsible to submit required documents and information for all other permits required and to provide certification to the Planning Board that the applicant has applied for all other required approvals.
F. SUBMISSION FEE
See Section 112-36.
G. DISTRIBUTION OF SITE PLAN COPIES
The Secretary of the Planning Board shall distribute copies of the complete site plan application to appropriate Township officials and agencies for their review, report and approval where required. Each of the officials reviewing the site plan shall make a report to the Planning Board within 10 days. The report of the Zoning Officer shall certify that there are no code violations or zoning violations on the subject application.
H. REVIEW PERIODS
(1) Upon the submission to the Secretary of the Planning Board of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for a relief pursuant to C.40:55D-60 (Planning Board review in lieu of Board of Adjustment) the Planning Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Secretary of the Planning Board, or within such further time as may be consented to by the applicant.
(2) Upon submission of a complete application for a site plan for more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant.
(3) Failure of the Planning Board to reach a decision within the specified time periods or extension thereof shall result in the approval of the site plan as submitted.
(4) If the Planning Board requires any substantial amendment in the layout of improvements proposed by the applicant that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with this ordinance, grant preliminary site plan approval.
(5) In the event that a plan of development shows common areas, property, and/or facilities, then the Planning Board, as a condition of site plan approval, may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such areas, lands, property, and facilities for their intended purposes. The recorded covenants shall bind each lot to assure payment of all assessments, including taxes, which may be necessary to maintain such common property and/or facilities.
1. PUBLIC HEARINGS
(1) A public hearing shall be held on all applications for site plan approval unless the Planning Board waives review per Section 112-16D(l).
(2) Notice of all hearings shall be given in accordance with Section 112-35F.
