The Board shall give Site Plan approval (preliminary or final) only if the site plan contains all the items and information required in Part 10 unless specifically waived
A.The provisions contained in this Part are designed to provide a comprehensive review and guide so as to
1 Insure that any development or redevelopment is accomplished with the criteria, standards and requirements of this Ordinance as well as all other ordinances and laws affecting the subject matter,
2 Regulate the site design of land development and define the role of the public and private interests by setting forth the standards to be enforced.
3 Protect and enhance existing natural features. protect features of historical significance, improve the natural and man-made environment, and protect areas from flooding and erosion,
4 Supplement existing land use controls and to implement effective. comprehensive planning of the municipality and surrounding areas in order to adequately regulate the total impact upon the community of specific site developments,
5 Assure the harmonious development of uses, within the Township of Berkeley Heights, that may have a substantial impact upon the character of the municipality, the quality of the environment, the distribution and cost of municipal services, traffic, utilities, appearance, and property values within the municipality,
6 Effect comprehensive planning and to promote the public health, safety and general welfare by regulating site design of land development pursuant to N J S.A 40:55-1.13 and also pursuant to powers granted to municipalities in N J S.A 40.48-1, 40.48-2, and other enabling legislation
7 Assure the development and construction of those projects which are intended to form a component of the Township's Compliance Plan, in accordance with the terms and provisions of the Developer's Agreements executed by the Township in connection with the Compliance Plan
B.In addition to any other affected parties. this Section shall also be applicable to all municipal bodies. such as boards, agencies and commissions, whether formed pursuant to State Act or not and whether or not autonomous or semi-autonomous unless specifically excluded by State Law
A.No Building Permit shall be issued for the construction of, alteration of. enlargement of, or addition to any building or structure except a detached single family dwelling not in a planned development, or accessory structures and driveways customarily related thereto, or for any change in classification as set forth in this Ordinance unless a Site Plan is submitted and receives final approval by the Planning Board or Zoning Board of Adjustment and any required performance guarantee for the improvements have been posted with the Township Clerk subject to the following1 In the OR and OR-A zones, no site plan approval shall be required in connection with the issuance of any Building Permit if the cost of the improvements is less than $25,000 00, creates less than one thousand (1.000) square feet of new impervious surface. or relates to work (regardless of cost) which is to be performed totally within the existing buildings or structures and does not change the use of the property or increase the number of parking spaces required for the site
2 In all other zones, no site plan approval shall be required if the cost of the work does not exceed $10,000 00 and does not create more than one thousand (1,000) square feet of additional impervious surface
B.No changes shall be made to a site. regardless of cost. which would alter the conformance of the site with the previously-approved Site Plan
C.If a Building Permit is granted without site plan approval because of additions and alterations valued at less than $10,000 00 (or $25,000 00 in the OR and OR-A zones), a subsequent Building Permit will not be issued for additions or alterations valued at less than $1 0,000 00 (or $25,000 00 in the OR and OR-A zones), unless a Site Plan approval is obtained. or unless there has been the lapse of twelve (12) months from the date of the first Building Permit if the cumulative value of permitted additions and alterations in a twelve-month period exceeds $10.000 00 ($25,000.00 in the OR and OR-A zones)
A. Exceptions From Details
Upon written request of an applicant for preliminary Site Plan approval, the Planning Board may. at a Public Meeting, by resolution stating the justification, grant exceptions from the requirements for Site Plan approval as may be reasonable and within the general purpose and intent of this Part, if the literal enforcement of one or more provisions of this Part is impracticable or will exact undue hardship because of the peculiar conditions pertaining to the site in question
B.Waiver of Site Plan Hearing
Upon written request of an applicant for Preliminary Site Plan Approval. the Planning Board may, at a public meeting. by resolution stating the justification. classify the site plan application as a Minor Site Plan and waive the requirement of notice and public hearing for the site plan application An application shall on]) be classified as a minor site plan if it meets all of the following criteria.
1 There are no variances required from any provision of this Ordinance,
3 There is no change to the exterior elevations of any buildings. other than changes in signage.
4 Any increase in impervious surface coverage does not exceed 1000 square feet or 5% of the existing impervious surface coverage whichever the lesser.
5 Any increase in the required number of parking spaces does not exceed five
The classification of any site plan as a minor site plan shall not preclude the imposition of reasonable conditions on the approval thereof by the Planning Board, including conditions ensuring the provision of improvements pursuant to N J S A 40 55D-38, 39. 41, and 53, and approval by the Union County Planning Board if required by law
A. Conditions of Approval
The Planning Board shall give preliminary Site Plan approval if and only if
a The Site Plan contains all the items and information required by this Part, and
b The proposed structures and use are in accordance with the performance standards of this Part, and comply with all other ordinances of the Township of Berkeley Heights, and
c All on-site and off-site improvements are adequate for the proposed use. and
d A public hearing has been held on the Site Plan as submitted for preliminary approval
2 If the Planning Board requires any substantial amendment of the Site Plan after the public hearing has been held, another public hearing shall be held on the subsequently revised Site Plan prior to preliminary approval
B. Term of Validity
1 Any preliminary Site Plan approval given by the Planning Board shall be valid for a period of three (3) years. entitling the applicant to submit a Site Plan for final approval based on the same general terms and conditions as the preliminary approval.
2 The Planning Board may, at the applicant's request, grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards shall apply If a Site Plan is submitted for final review after this period, it must be preceded by a new Site Plan application, where both the new application and review procedure and standards for approval shall conform to the requirements of then existing ordinances
3 The Planning Board may. in connection with Site Plans involving areas of fifty acres or more. at the applicant's request. provide that the approval shall be valid for such period of time longer than three (3) years, as shall be determined by the Planning Board to be reasonable taking into consideration the nature of the development proposal In the event the Township has entered into a Developer's Agreement, for a site which would be subject to this provision, the time period agreed to by the Township in such Agreement shall be presumptively reasonable but may be enlarged by the Planning Board
C.The Site Plan as approved shall be binding on the applicant
D.Developer's agreement
As a condition of approval and prior to the signing of any Preliminary Site Plan. the applicant shall be required to execute a developer's agreement prepared in accordance with Section 4 5 4 of this Ordinance
A.The Planning Board shall give final Site Plan approval if and only if
1 The Site Plan contains all the items and information required by this Part. and
2 The proposed structures and use are in accordance with the performance standards of this Part, and comply with all other ordinances of the Township of Berkeley Heights, and
3 All on-site and off-site improvements are adequate for the proposed use. and
4 A public hearing has been held on the Site Plan as submitted for final approval, and
5 The preliminary approval was received and was still valid on the date of submission for final approval. and
6 The Site Plan conforms to the conditions of the preliminary Site Plan approval
B.Any final Site Plan approval given by the Planning Board shall be valid for a period of two (2) years from the date of final approval If, after two (2) years a Certificate of Occupancy has not been granted, or if any of the conditions have not been met, as specified in the approved Site Plan. a new application for preliminary Site Plan approval will be required, where both the new application and review procedures and standards for approval shall conform to the requirements of the then existing ordinances
C.Whenever review or approval of the application by the County Planning Board is required by Section 8 of P L 1968 (N J S A 40 27-6 6), the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the Count), Planning Board by its failure to report thereon within the required time period.
A.To assist in evaluating the Site Plan with respect to flood and fire hazard, traffic and safety problems, environmental effect, or any other aspect of the submitted Site Plan which would influence the planned development of the surrounding area, the Planning Board or Zoning Board of Adjustment as appropriate shall solicit a written report from the following Zoning Officer, Township Engineer, Fire Prevention Bureau, Environmental Commission. Transportation and Traffic Safety Committee, and Police Department
B. In addition to those agencies required by law, the Planning Board or the Zoning Board of Adjustment as appropriate may refer a Site Plan to concerned Township Boards, Commissions, Committees or Subcommittees. and Federal, State, County, and Local public or quasi-public agencies for their advisory recommendations, and to appropriate consultants, fees to whom shall be paid by applicant
C.Where the site is within two hundred (200) feet of another municipality, the site plan shall be submitted to said municipality for review and advisory recommendations
A.No Certificate of Occupancy shall be issued by the Construction Official for the site until the Township Engineer has verified and notified the Construction Official in writing that the Site Plan Review and Approval requirements of the Planning Board and the Zoning Board of Adjustment, as set forth in the final approval resolution(s). have been fulfilled. and that any required maintenance guarantees have been posted with the Township Clerk
B.With the approval of the Township Committee, a Temporary Certificate of Occupancy for any building. structure. parking lot or impermeable surface may be issued by the Construction Official, if, due to seasonal or other special circumstances beyond the control of the applicant, the complete installation of all site construction work or landscape work or other requirements of the approved Site Plan have not been completed Such a Temporary Certificate of Occupancy shall set forth a time limit. not to exceed ninety (90) days, except that a thirty-day extension may be granted by the Construction Official Also, such a Temporary Certificate of Occupancy shall require a cash escrow of fifty (50) percent of the total cost of the uncompleted and remaining portion of the site work, as determined by the Township Engineer. be deposited with the Township Treasurer as a performance guarantee
A.Failure to comply with any details or conditions of any approved Site Plan, or any constructing, operating, or maintaining of any building or structure or use in a manner other than provided for in this Part, shall be a violation of this Ordinance and shall be grounds for the revocation or withholding of any Building Permit, Zoning Permit, Temporary Certificate of Occupancy or Certificate of Occupancy The Construction Official or Zoning Officer may revoke or withhold any Building Permit. Zoning Permit. Temporary Certificate of Occupancy. or Certificate of Occupancy and may seek to enjoin the violation or take such other legal remedies permitted by law
B.A written notice of revocation or withholding shall be made by personal service or by certified mail by the Construction Official or Zoning Officer Such notice. requiring compliance with the conditions of the approved Site Plan within a period of seven (7) days after receipt of said notice, shall effectively revoke any Building Permit, Zoning Permit, Temporary Certificate of Occupancy, or Certificate of Occupancy, if compliance is not made within the time limit set forth in said notice
**Webmasters Note: The inconsistent number of this portion of the document has been verified with the town.
A.The applicant shall file with the Secretary of the Planning Board or Zoning Board of Adjustment, as appropriate, three (3) copies of a form provided by the Township of Berkeley Heights, the appropriate fee and deposit, and eight (8) copies of the proposed Site Plan with five (5) copies of the statement on environmental effects and supporting documents Said application and plans and documents shall be submitted at least twenty-eight (28) days prior to the public meeting of the Planning Board at which action can be taken
B.The Township Engineer shall review the Site Plan for completeness If the application is found to be incomplete, the applicant shall be notified in writing of the deficiencies therein by the Board or by the Board's designee for the determination of completeness within forty-five (45) days of the submission of such application or it shall be deemed to be complete An incomplete Site Plan shall not be placed on the Planning Board agenda for review, unless the Planning Board has granted a waiver as provided in Section 10 1 3
C.The projects subject to Developer's Agreements, as part of the Township's Compliance Plan, shall be subject to the time limits and restrictions set forth in such Developer's Agreements
Reserve This Section
The applicant shall notify all property owners within two hundred (200) feet of the site as their names appear on the Municipal Tax Duplicate at least ten (10) days prior to the hearing, by personal service or by certified mail
Said notice shall state the time and place of public hearing. a brief description of the Site Plan, and a statement that the Site Plan has been filed with the Secretary of the Planning Board and is available for public inspection Proof of such notice shall be filed with the Clerk of the Planning Board The Secretary of the Planning Board shall cause notice of the public hearing to be published in an official newspaper of the municipality at least ten (10) days prior to the public hearing
A.The Planning Board or the Zoning Board of Adjustment as appropriate shall review the submitted Site Plan and grant or deny preliminary approval of a Site Plan for ten (10) acres or less within forty-five (45) days of the date of the complete submission of an application and supporting documents, or at such later time as requested in writing by the applicant The failure of the Planning Board to act within said time shall be deemed preliminary approval
B.The Planning Board shall review the submitted Site Plan (and any subdivision plan accompanying the Site Plan and grant or deny preliminary approval of a Site Plan for more than ten (10) acres, within one hundred twenty (1 20) days of the date of the submission of a complete application and supporting documents or within such further time as may be consented to in writing by the applicant. if the developer includes a request for relief pursuant to N J S A 40 55D-60 The failure of the Planning Board to act within said time shall be deemed preliminary approval
C.The Planning Board or the Zoning Board of Adjustment as appropriate shall grant or deny final approval of a Site Plan within forty-five (45) days of the date of the submission of a complete application for final Site Plan complete review and approval, or within such further time as requested in writing by the applicant Failure of the Board to act within said period of time shall constitute final approval.
D.If the Planning Board or the Zoning Board of Adjustment as appropriate conditionally approves, or disapproves a Site Plan, a resolution adopted at a public meeting stating the reason for its actions shall be sent to the applicant within ten (10) days by certified mail or personal service
E.After both preliminary and final approval, the Board Chairman, Secretary, and Township Engineer shall sign the Site Plan and accompanying documents and indicate the date of such approval by the Board
F.Site Plan approval shall not be construed to obviate or waive any provisions of the Zoning Ordinance or Building Code, except as may be waived by the Zoning Board of Adjustment, or by the Planning Board acting in lieu of the Zoning Board of Adjustment as provided by N J S A 40 55D-60 Such variances shall be explicitly stated in the resolution approving the Site Plan
G.In the event, that the developer elects to submit separate consecutive applications. the aforesaid provision shall apply to the application for approval of the variance or directive for issuance of a permit The permit for granting or denying and subsequent approval shall be as otherwise provided in this Ordinance
For any development requiring Site Plan approval where there is a proposed structure or use in a district restricted against such structure or use, the Zoning Board of Adjustment shall review and approve the Site Plan, acting in lieu of the Planning Board as provided in N J S A 40.55-76(B)
