For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:
APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or permit to build in a mapped area or for a structure not related to a street.
DAYS - Calendar days.
DEVELOPER - The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvement required by this chapter.
MINOR SITE PLAN - A development plan of one or more lots which (1) proposes the expansion of an existing. facility within the scope of development specifically permitted as a minor site plan; (2) does not involve planned development of any new street or extension of any off-tract improvement which is to be pro-rated pursuant to N.J.S.A. 40:55D-42; and (3) 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. The portion of a site proposed for development as a minor site plan shall be limited to a change not exceeding ten (10) percent of the overall site area of the lots and blocks being developed.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2009-23.
OFF-TRACT - Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-TRACT - Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
PERFORMANCE GUARANTY - Any security which may be accepted by a municipality, including cash, provided that the municipality shall not require more than ten percent (10%) of the total performance guaranty in cash.
PLANNED DEVELOPMENT - Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PRELIMINARY FLOOR PLAN AND ELEVATIONS Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
REVIEWING BOARD - The Planning Board. [Amended 8-23-1995 by Ord. No. 95-17]
SITE PLAN - A development plan of one (1) or more lots on which is shown:
A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.
C. Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board.
[Amended 11-12-1991 by Ord. No. 91-22]
A. Site plan review and approval shall be required before any excavation, removal of soil, clearing of a site or placing of any fill on lands contemplated for development, and, except as hereinafter provided, no building permit shall be issued for any building or use or reduction or enlargement in size or other alteration of any building or change in use of any building, including accessory structures, unless a site plan is first submitted and approved by the reviewing board, and no certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the reviewing board.
B. 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. The requirements for submission and approval of subdivision plats as otherwise required by municipal ordinances shall not be affected by this subsection. [Amended 7-12-1994 by Ord. No. 94-7]
C. Minor Site Plan Review.
(1) The reviewing board shall waive formal notice and public hearing requirements for development if the reviewing board or the development review committee of the board appointed by the chairman finds that the application for development conforms to the definition of a minor site plan as set forth herein.
(2) An application for approval of a minor site plan shall consist of the following:
(a) A completed Minor Site Plan application.
(b) A key map of the site plan as originally approved showing zone district in which the property being further developed is located, existing streets within 200 feet of the property and all existing curbs, sidewalks, storm and sanitary sewers.
(c) A sufficient plan identifying location and information to describe the proposed development.
(d) The application shall be conforming with the provisions of this ordinance (i.e. no new variances or waivers are associated with the minor site plan approval)
(3) Upon receipt of the requested escrow fees, the Minor Site Plan application shall be reviewed and commented on by one or more of the following Borough officials: Building Inspector; Zoning Officer; Borough Planner; Borough Engineer; Fire Chief; Police Chief and/or Board of Health. Should applicant be aggrieved by any comments/conditions made by any Borough official, then within 10 days upon receipt of such comments/conditions, the applicant may request in writing a hearing detailing the issues to be considered before the reviewing board, which shall be scheduled within 45 days after the request.
(4) Minor site plan applications shall be approved and permits issued subject to receipt of applicable outside agency approvals and/or permits and the establishment of applicable performance guarantees and payment of inspection fees.
(5) Minor site plan applications shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the reviewing board or within such further time as may be consented to by the applicant. Failure of the reviewing board to act within the prescribed time period shall constitute Minor Site Plan approval.
(6) Minor Site Plan approval shall be deemed to be final approval of the site plan application by the reviewing board, provided that the board or said subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, N.J.S.A. 40:55D-39, N.J.S.A. 40:55D-41 and N.J.S.A. 40:55D
**Webmasters Note: The previous subsection, C., has been added as per Ordinance No. 2009- 23.
In reviewing any site plan:
A. The reviewing board shall require that the layout or arrangements set forth in the site plan be consistent with the requirements of Chapter 197, Zoning.
B. The reviewing board shall require that all streets within or providing access to the site be of such width, grade, suitability, location and construction to accommodate all prospective traffic and to provide access for fire-fighting and emergency equipment. Such streets shall be coordinated so as to compose a convenient system consistent with the Official Map, if any, and the circulation element of the Master Plan, if any, provided that no street of a width greater than fifty (50) feet within the right-of-way lines shall be required unless such street constitutes an extension of an existing street of the greater width or already has been shown on the Master Plan at the greater width or already has been shown in greater width on the Official Map.
C. The reviewing board shall require water supply and sanitary sewage disposal adequate to provide for all persons using the site and all purposes to which the site may be devoted. The same shall be described in the site plan application and, whenever appropriate, shall be reviewed and approved by the Borough Engineer, Building Inspector, Fire Inspector and Board of Health. The site plan shall show the location of all fire hydrants, fire lanes and similar facilities.
D. The reviewing board shall require adequate utilities necessary for all persons using the site and all purposes to which the site may be devoted. Insofar as practical, such service shall be provided as part of an underground system. Where existing utility lines, set on-tract or off tract, require relocation, the reviewing board shall require that such relocation be accomplished so as not to create any hazardous condition or to cause undue inconvenience.
E. Drainage facilities.
(1) The reviewing board shall require that stormwater drainage be such as not to cause any flooding or damage to persons or property either on-tract or off tract. Each site plan submitted shall include and delineate actual or potential flood hazards and proposed measures for alleviating actual or potential flooding conditions, and each site plan submitted to the reviewing board shall be reviewed by the Borough Engineer to establish requirements to prevent adverse drainage conditions both on-tract and off-tract. The drainage system shall be designed in conformance with accepted engineering standards. To facilitate the review of proposed drainage facilities for development, design calculations prepared by the applicant's engineer shall accompany the application. The design consideration shall include and not be limited to drainage areas, run-off calculations, storm drains, pipe lines, inlet designs and manholes. The reviewing board shall require full compliance with all the regulations pertaining to areas subject to flooding heretofore or hereafter provided by ordinance adopted pursuant to Subsection e of Section 52 of the Municipal Land Use Law (N.J.S.A. 40:55D-65).
(2) Unless otherwise stipulated by the Borough Engineer, drainage facilities shall be designed on the basis of a ten-year storm, using a one-hour intensity of two (2) inches.
F. The reviewing board shall require that. insofar as practical, existing shade trees be maintained. Each site plan submitted shall serve to preserve, to the fullest extent practicable, all existing natural resources of the site.
G. If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, before approving a site plan, the reviewing board may further require that such streets, ways, basins or areas be shown on the plat in locations and size suitable to their intended uses. The reviewing board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one (1) year after the approval of the final plat or then such further time as may be agreed to by the developer. Unless during such period or extension thereof the Borough of Kenilworth shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservation shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by a subdivision or land development and required for final approval thereof.
H. The reviewing board shall require that each site plan submitted set forth measures proposed to protect and conserve soil from erosion by wind or water or from excavation or grading.
I. The reviewing board shall review 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 and movement of people and goods and vehicles from access roads. The reviewing board shall ensure that all parking spaces be usable and 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 on these roads and to permit vehicles a rapid and safe ingress and egress to the site.
J. The reviewing board shall approve the location of all proposed parking spaces on the site and shall take into consideration the size and topography of the site, visibility from the site to the adjoining street as well as within the parking areas, conditions of safety relating to the movement of people and vehicles and the elimination of nuisance factors including flare, noise, dust and other similar considerations.
(1) Provisions shall be made for safe and adequate circulation of pedestrians and vehicles within and adjoining the subject property. Aisle widths shall be designed to permit emergency and service vehicles such as delivery trucks, solid waste collection vehicles and the like to have reasonable access and space for their intended functions.
(2) Pedestrian circulation within a parking area shall be, to as great an extent as possible, separate from vehicular traffic. Safety zones, crossing points and sidewalk areas, where warranted, shall be provided.
(3) All entrance and exit driveways to a public or private street shall be so located to afford maximum safety to said roadway.
(4) The geometric design of a driveway connection to a public or private street shall be governed by sound traffic engineering principles.
(5) Except for attendant parking, all parking spaces shall be designed free and clear of any obstruction to individual parking stalls. Parking spaces shall be located in such a fashion as to permit all vehicles to exit same in a safe and orderly manner. Under no condition shall vehicles be permitted to back out of a parking lot driveway or other-wise block the free movement of traffic within the parking area or specific points of traffic within the parking area or specific points of safety control such as fire hydrants, doorways, elevators or other similar locations.
(6) The surface of any driveway shall be constructed with a permanent pavement of a type or types specified by standards set by the Borough Engineer. Such pavement shall extend to the paved portion of the public or private street pavement.
K. The reviewing board shall review the design and layout of buildings and parking areas so as to provide an aesthetically pleasing design and efficient arrangement. The reviewing board shall pay particular attention to safety and fire protection, impact on surrounding development, contiguous and adjacent buildings and lands, and' environmental and ecological considerations.
L. The reviewing board shall require adequate lighting to ensure safe movement of persons and vehicles and for security purposes. Exterior lighting for buildings, signs and parking areas shall not produce any glare beyond the property lines of the site and shall, where appropriate, be screened or directed in such a fashion as to prevent same. No flashing or intermittent illumination shall be permitted. Lighting which requires change in color intensity or hue shall likewise be prohibited unless completely shielded and contained within the property lines of the site. Lighting shall in no way interfere with, detract from or diminish the effectiveness of any traffic signal, safety or warning device.
M. The reviewing board shall require such buffering around the perimeter of the site to minimize headlights of vehicles, noise, light from structures and the movement of people and vehicles and to shield activities from adjacent properties. Buffer areas, planting strips, fencing and screening may be required to ensure privacy and harmonious conditions between adjoining land uses.
N. The reviewing board shall require that all signs be designed so as to be aesthetically pleasing and harmonious with other signs on the street and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.
O. The reviewing board shall require that garbage disposal provided for the site be such as to ensure frequent collection and protection against vermin and rodents and to be, reasonably aesthetically attractive. The garbage disposal system shall meet municipal specifications as to installation and construction. Provision shall be made for proper storage and collection of refuse. All storage shall be maintained within the confines of an enclosed structure and shall be reasonably accessible for vehicular collection on the site. The location and method of garbage disposal and collection shall be reviewed and approved by the Board of Health.
P. Curbing.
(1) Where curbing is lacking, the reviewing board shall provide that the site plan include curbing along the extent of all property fronting public and private streets in accordance with the standards and specifications laid down by the Borough Engineer.
(2) The Borough Engineer may require curbing within parking areas in order to facilitate drainage and provide separation between pedestrian and vehicular movement.
(3) The alignment and grade of curbing is to be determined by that established or existing in the area, unless otherwise indicated by the Borough Engineer.
Q. The reviewing board shall require that provision be made for the elimination of all loud and offensive noise to the general public and adjoining properties emanating from the property.
A. Instructions to applicants for site plan approval by the Planning Board. [Amended 3-24-87 by Ord. No. 87-5]
(1) Applications can be obtained during normal working hours (9:00 a.m. to 5:00 p.m.) at the Borough Clerk's office.
(2) The applicant must submit his formal written application to the Board on the form provided by the Board and according to the instructions provided in the application packet. The application form must contain the reason the applicant is requesting a hearing before the Board or a letter from the Building Department stating why he must appear before the Planning Board.
(3) The applicant must submit his completed application and proof of payment of the required fee from the Borough Clerk to the Secretary of the Planning Board at least twenty-one (21) days prior to the next formal hearing date. The Secretary will advise the applicant when his application will be heard. The applicant will be required to give notice to property owners and others and to give a copy of the required affidavit showing that service was done.
(4) The applicant shall submit to the Board and/or Building Inspector, at least fifteen (15) days before the hearing:
(a) Twelve (12) individual sets of applications, pertinent documents and a plot plan showing-
[2] Dimensions of the lot.
[3] Dimensions of present and proposed structures.
[4] The location of all structures and distances between the various structures and property lines.
(b) Copies of a map showing all properties within two hundred (200) feet of the subject property and the approximate location of structures thereon, together with the names of owners of all adjoining properties. If this plot plan is prepared by other than a licensed engineer, surveyor or architect, the applicant must furnish the Board with an affidavit stating that all information shown thereon is correct. If subdivision, site plan or conditional use approval is also sought, the applicant will submit a minimum of twelve (12) copies of the relevant forms. Any revision or change received will not be accepted unless said revision or change is submitted to the Board and/or Building Inspector at least fifteen (15) days before the hearing. Such changes will cause the application to be held over until the following month's scheduled meeting.
(5) Notice procedure. No less than ten (10) days prior to the time appointed for said hearing, the applicant shall give personal notice to all owners of property, in or out of the municipality, as required by law and where required, counties and municipalities and the state, by sending written notice thereof by certified mail to the last known address of the property owners or officials. All addresses shall be obtained from the current tax records of the municipality's Tax Assessor, upon the request of the applicant and the payment of the prescribed fee.
(6) The time for the Planning Board's decision shall be in compliance with the Municipal Land Use Law.' Time shall not begin to run until the filing of a complete notice of appeal or development application, together with requisite fees. and proof that the application has been filed with the County Planning Board and Conservation District for their review, where applicable.
(7) The action taken by the Board must be advertised by the applicant, at his expense, in a newspaper of general circulation within the municipality not more than ten (10) days after arriving at said decision.
B. [Amended 3-24-87 by Ord. No. 87-5] A complete application for preliminary approval shall also consist of the following:
(1) A properly completed site plan or subdivision application by an architect, land surveyor and or professional engineer containing the seal.
(2) The required application fee.
(3) A site plan containing the following:
(b) Place for signature of Chairman and Secretary of Planning Board.
(c) Place for signature of Township Engineer.
(e) Date, scale and North sign.
(f) Key map of the site with reference to surrounding areas and to existing street locations.
(g) Zone district in which the property in question falls, zone district of adjoining properties and all property within a two-hundred-foot radius of the property in question.
(h) Names of owners of all contiguous land and adjacent property. If property is within two hundred (200) feet of another municipality, its Borough Clerk will be notified before final approval of the application by the Board.
(i) Dimensions of lot, setbacks, front yard. side yards and rear yard: size. kind and location of fences and retaining walls.
(j) Setback and outlines of adjacent buildings to abutting streets within two hundred (200) feet.
(k) Location dimensions and details of all signs and exterior lighting, including type of standards. location. radius of light and intensity in foot candles.
(l) The outside dimensions of existing and/or proposed principal building(s) and all accessory structures. including equipment.
(m) Storm drainage plan showing location of inlets, pipes. swales, berms and other storm drainage facilities, including roof leaders: indicate existing and proposed runoff calculations and on-site detention.
(n) Rights-of-way, easements, deed restrictions, covenants and all lands to be dedicated to the municipality or reserved for specific uses, with a copy of such.
(o) The entire property in question, even though only a portion of said property is involved in the site plan; provided, however, that where it is physically impossible to show the entire property on the required sheet, a separate map at a suitable scale may be submitted.
(p) Significant existing physical features, including streams, watercourses, rock outcrops, swampy soil. etc.
(q) Bearings and distances of property lines.
(r) Plans of off-street parking area layout and off-street loading facilities showing location and dimensions of individual parking spaces, loading areas, aisles, traffic patterns and driveways for ingress and egress and waste disposal.
(s) Parking calculations (area): areas used for access, ingress and egress not to be included.
(t) All streets within two hundred (200) feet of site, even if not improved.
(u) All existing and proposed curbs and sidewalks and driveways on the subject property or adjacent thereto.
(v) All existing and proposed utility lines within and adjacent to the subject property.
(w) Preliminary floor plans and elevations.
(x) Existing and proposed sanitary sewage disposal system.
(y) Water supply system and any other utilities not already shown.
(z) Method of solid waste disposal and storage and the volumetric volume of effluent being added to our sewer system.
(aa) Existing and proposed spot elevations based upon the National Geodetic Survey vertical datum at all building corners, all floor levels, center lines of abutting roads, top and bottom curbs, property corners, gutters and other pertinent locations.
(bb) Existing and proposed contours of the site at two-foot intervals.
(cc) Location of all existing trees or tree masses, indicating general sizes and species of trees.
(dd) Landscaping and buffering plan showing what will remain and what will be planted, indicating names of plants and trees and dimensions, approximate time of planting and method of planting (base rooted, ball and burlap).
(ee) Whether this site will generate, store or use any hazardous material requiring special storage or disposal.
(ff) Any other pertinent information the applicant feels will help the Board better understand the applicant's site plan application.
(4) This checklist does not preclude the Board from requiring other items which it may feel is necessitated for the site application to be accepted for consideration.
C. All applications for site plan approval shall be submitted to the County Planning Board for its review and recommendations and, where applicable, approval. The applicant shall furnish proof of such submission at the time of the submission of his application to the municipal reviewing board by presenting a copy of his site plan with an indication from the county that it has been filed with them. Any application for site plan 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 preliminary approval of the applicant's application, such preliminary 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 preliminary approval of the applicant's site plan, preliminary approval shall be conditioned on certification of the applicant's erosion plan.
