No building permit shall be issued for the following
uses until site plan approval has been granted by the Planning Board
or, in the case of a use variance by the Board of Adjustment, in accordance
with the procedures set forth in the Land Use Procedures Ordinance
of the City of Clifton:[1]
A.
All conditional uses except walls.
B.
Railroad stations.
C.
Bowling alleys, tennis courts and theaters.
D.
Garden apartments, multifamily dwellings of four or
more units, dwelling groups, high-rise apartments and townhouses.
E.
Shopping centers.
F.
Public schools.
G.
Professional, commercial and/or governmental offices.
H.
The main United States Post Office for the City of
Clifton.
I.
Supermarkets.
J.
A building or buildings to be constructed on a lot
or lots totaling one acre or more in area to be used for any process
of manufacture, assembly, alteration, conversion, treatment, processing,
compounding or packaging. Additions which are less than 10% of the
total floor area and not more than 5,000 square feet shall be exempt
from site plan approval.
K.
Mortuaries.
L.
Any use permitted in the B-B, B-C and B-D Zones located
in any zone on any lot totaling 10,000 square feet or more.
M.
Any use in any zone having more than 30,000 square
feet of floor area or having parking for more than 100 cars.
N.
Any use in the PCD Zones.
[Added 12-30-1981 by Ord. No. 4683-81]
O.
Any use in the PCRD Zone.
[Added 3-2-1982 by Ord. No. 4705-82; amended 3-1-1988 by Ord. No. 5249-88]
P.
Any use in an M-3 Zone.
[Added 5-3-1983 by Ord. No. 4805-83]
Q.
A building or buildings totally occupied by and used
for any nonprofit organizations. Additions that are less than 5% of
the total floor area of the existing building shall be exempt from
site plan approval and shall not be considered an expansion of a nonconforming
use, provided that the proposed expansion is consistent with the existing
use and is in compliance with all applicable bulk, height and parking
requirements, and provided further that the addition is required as
a result of a governmental order required for the health, safety and
welfare of the occupants of the building.
[Added 4-1-1997 by Ord. No. 5884-97]
R.
A building or buildings to be constructed on a lot
or lots which are contiguous and used for commercial retail uses,
including office buildings, theaters, restaurants and entertainment-oriented
facilities, as permitted. Additions which are less than 10% of the
total floor area and not more than 1,000 square feet shall be exempt
from site plan approval provided the following restrictions are complied
with:
[Added 6-4-1997 by Ord. No. 5891-97]
(1)
No addition shall affect the pedestrian circulation,
open space, parking layout provided or any access to and from the
subject property and building.
(2)
Only architectural building features would be affected,
including lobby areas or the layout of loading areas. There will be
no effect on the amount of square footage devoted to retail display
and sales, theater viewing areas, the number of hotel rooms, office
space, seating space in restaurants or area devoted to any entertainment
activities.
(3)
Any changes in landscaping and/or lighting resulting
from any addition must be fully compensated according to the original
provision.
[Added 12-5-1995 by Ord. No. 5771-95]
A.
A minor site plan review committee shall be established
by the Planning Board in order to review the design and planning considerations
for all conforming minor site plan applications. Reports on all actions
taken by the committee shall, in all cases, be forwarded to the full
Planning Board, and to the City Council when in conjunction with a
proposal for an awning located within the City right-of-way. In the
event that a variance is needed in conjunction with minor site plan
approval, the application shall be forwarded to the full Planning
Board for consideration and approval, as required.
B.
An application for minor site plan approval shall
be filed with the Zoning Administrator. The application shall be in
triplicate and shall be accompanied by three sets of proposed details
and construction plans for the awning. There is no fee for minor site
plan review.
C.
Minor site plan approval shall be deemed the final
approval of the site plan by the Planning Board minor site plan review
committee, provided that the committee may condition such approval
on terms ensuring the provisions of improvements pursuant to §§ 29,
29.1, 29.3 and 41 of P.L. 1975, c. 291 (Municipal Land Use Law, N.J.S.A.
40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53).
D.
Minor site plan approval shall be granted or denied
within 45 days of the date of 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. Failure of the Planning Board
minor site plan review committee to act within the period prescribed
shall constitute minor site plan approval.
E.
Whenever review or approval of the application by
the County Planning Board is required by § 8 of P.L. 1968,
c.285 (N.J.S.A. 40:27-6.6), the Municipal Planning Board minor site
plan review committee shall condition any approval that it grants
upon timely receipt of favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.
F.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
was granted, shall not be changed for a period of two years after
the date of minor site plan approval. The Planning Board shall grant
an extension of this period determined by the Board but not exceeding
one year from what would otherwise be the expiration date, if the
developer proves to the reasonable satisfaction of the Board that
the developer was barred or prevented, directly or indirectly, from
proceeding with the development because of delays in obtaining legally
required approval from other governmental entities and that the developer
applied promptly for and diligently pursued the approvals. A developer
shall apply for this extension before what would otherwise be the
expiration date or the 91st day after the date on which the developer
receives the last of the legally required approvals from other governmental
entities, whichever occurs later.
G.
The information required to be submitted for a minor
site plan shall consist of clearly legible drawings not exceeding
30 inches by 42 inches on any one sheet. All plans and drawings shall
include the following:
(1)
The title of the development; block and lot
number; the name and address of the record owner; the name, address,
license number and seal (as appropriate) of the person preparing the
plans; if the record owner is a corporation, the names and addresses
of the president and secretary of the corporation.
(2)
The date of the plan and any revision thereto.
(3)
Graphic scale and written scale in feet to the
inch.
(4)
North arrow.
(5)
A location map showing the location of the development
and all properties within 200 feet at a scale of not less than 100
feet to the inch.
(6)
The size and location of all proposed awnings
in relation to the existing building at a scale of not less than 20
feet to the inch. This shall include all details relating to the size,
height and location of the proposed awning and shall include all proposed
lettering and any logo or other design and the color (including submission
of specific color samples to be used), as well as the proposed lighting,
as applicable.
An application for site plan approval shall
be filed with the Secretary of the Planning Board not less than two
weeks prior to the meeting of the Planning Board at which said application
is to be considered. The application shall be in triplicate and shall
be accompanied by six copies of the proposed site plan, one set of
construction plans of the building or structure proposed to be built
on the lands for which site plan approval is sought and the requisite
fee.
The proposed site plan shall conform to the
following requirements and contain the following information:
A.
The proposed site plan shall be drawn to a scale not
less than one inch equals 30 feet.
B.
There shall be a key map showing the location of the
subject property with reference to surrounding areas and existing
street intersections.
C.
The proposed site plan shall show in scale the property
lines of the entire parcel of land for which site plan approval is
sought and shall indicate the dimensions of said property.
D.
The proposed site plan shall include the name of the
applicant, the date the proposed site plan was prepared, a North arrow,
the scale to which the proposed site plan is drawn, the name of the
person who prepared the proposed site plan, the block and lot number
of the lands for which site plan approval is sought as shown on the
most current tax assessment maps of the City of Clifton and the names
of all streets abutting such lot and block.
E.
The proposed site plan shall include the names of
all owners of adjacent property, together with block and lot numbers
of such property.
F.
The site plan shall show the zoning district in which
the parcel is located, together with zone boundaries within 100 feet
therefrom.
G.
The location of all existing and proposed buildings
and structures on the lands for which site plan approval is sought,
together with the distances of said buildings and structures from
the property lines of said lands and from each other.
H.
The right-of-way and pavement widths of all public
streets upon which the lands for which the site plan approval is sought
fronts, to a distance of one hundred feet beyond such lands.
I.
A statement by the owner of whether any property adjoining
the lands for which site plan approval is sought is or is not owned
by said owner.
J.
The location and dimensions of all existing and proposed
driveways, curb cuts, private access roads, curbing, parking areas,
parking stalls, loading areas and loading bays.
K.
The proposed landscaping, screening and exterior lighting,
including the location, number, size and type of existing landscaping
and trees to remain; the location, number, size and type of trees,
shrubs and landscaping to be installed; the location, type, height,
intensity and illumination area of any lighting to be installed. Any
proposed trees shall meet a minimum caliper of four inches at a planted
height of 4 1/2 feet.
[Amended 9-4-2012 by Ord. No. 7050-12]
L.
Arrows which indicate the direction of traffic on
all driveways, interior drives and parking areas.
M.
The location of any existing and proposed railroad
sidings, streams, drainage rights-of-way, water or other utility rights-of-way
or easements.
N.
Existing and proposed drainage facilities.
O.
Existing and proposed contour lines at two-foot intervals.
P.
The proposed use or uses of land and buildings, together
with floor space of all buildings and the estimated number of employees.
If the precise use of the building is unknown at the time of application,
an amended plan showing the proposed use shall be required prior to
issuance of a certificate of occupancy.
Q.
The site plan shall show the location and design of
any off-street parking areas or loading areas, showing size and location
of bays, aisles and barriers.
R.
The site plan shall show the location and type of
garbage and refuse disposal facilities, including maneuvering areas.
S.
Where applicable, the site plan shall show the location
and treatment of open space.
T.
Where applicable, the following information shall
be provided:
(1)
The number of employees.
(2)
A narrative describing the nature of the operation
or activities to occur on the site.
(3)
A narrative describing trucking on the site; the number
and size of trucks used in the applicant's operation; the number,
size and frequency of trucks making deliveries; and the time of loading
and unloading operations.
U.
In addition, for site plans or subdivisions involving
40 or more dwelling units, a fiscal impact and school enrollment analysis
shall be submitted by the applicant. Projects involving fewer than
40 units shall be required to submit such an analysis if the board
of jurisdiction deems it necessary.
[Added 10-31-1986 by Ord. No. 5113-86[1]]
[1]
Editor's Note: This ordinance also provided
for the relettering of former Subsection U as Subsection V.
V.
Such other data or information that reasonably may
be necessary for the Planning Board to meet the objectives of site
plan approval in acting on a particular application.
[Added 6-7-2017 by Ord.
No. 7385-17
Applicants requesting site plan or subdivision approval from
the Planning Board shall meet all the requirements of this chapter,
including, but not limited to, demonstrating compliance with the following
requirements:
B.
Streets
in the subdivision or land development of sufficient width and suitable
grade and suitably located to accommodate prospective traffic and
to provide access for firefighting and emergency equipment to buildings
and 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, and so oriented as to permit, consistent with the reasonable
utilization of land, the buildings constructed thereon to maximize
solar gain; provided that no street of a width greater than 50 feet
within the right-of-way lines shall be required unless said 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.
Adequate
water supply, drainage, shade trees, sewerage facilities and other
utilities necessary for essential services to residents and occupants;
D.
Suitable
size, shape and location for any area reserved for public use pursuant
to N.J.S.A. 40:55D-44, as may be amended from time to time;
E.
Reservation
pursuant to N.J.S.A. 40:55D-43, as may be amended from time to time,
of any open space to be set aside for use and benefit of the residents
of a cluster development or a planned development, resulting from
the application of standards of density or intensity of land use,
contained in the zoning ordinance,[3] pursuant to N.J.S.A. 40:55D-65;
[3]
Editor's Note: See this chapter.
F.
Regulation
of land designated as subject to flooding, pursuant to N.J.S.A. 40:55D-65,
as may be amended from time to time, to avoid danger to life or property;
G.
Protection
and conservation of soil from erosion by wind or water or from excavation
or grading;
H.
Conformity
with standards promulgated by the Commissioner of Transportation,
pursuant to the Air Safety and Zoning Act of 1983, N.J.S.A. 6:1-80,
et seq., for any airport hazard areas delineated under that act;
I.
Conformity
with a municipal recycling ordinance required pursuant to N.J.S.A.
13:1E-99.16, as may be amended from time to time;
J.
Conformity
with the state highway access management code adopted by the Commissioner
of Transportation under section 3 of the "State Highway Access Management
Act," N.J.S.A. 27:7-91, as same may be amended from time to time,
with respect to any state highways within the municipality;
K.
Conformity
with any access management code adopted by the county under N.J.S.A.
27:16-1, as may be amended from time to time, with respect to any
county roads within the municipality;
L.
Conformity
with any municipal access management code adopted under N.J.S.A. 40:67-1,
as may be amended from time to time, with respect to municipal streets;
M.
Protection
of potable water supply reservoirs from pollution or other degradation
of water quality resulting from the development or other uses of surrounding
land areas, which provisions shall be in accordance with any siting,
performance, or other standards or guidelines adopted therefor by
the Department of Environmental Protection;
N.
Conformity
with the public safety regulations concerning stormwater detention
facilities adopted pursuant to N.J.S.A. 40:55D-95.1, as may be amended
from time to time, and reflected in stormwater management plans and
stormwater management ordinances adopted pursuant to N.J.S.A. 40:55D-93,
et al., as may be amended from time to time; and
O.
Conformity
with the model ordinance promulgated by the Department of Environmental
Protection and Department of Community Affairs pursuant to N.J.S.A.
13:1E-99.13a, as may be amended from time to time, regarding the inclusion
of facilities for the collection or storage of source separated recyclable
materials in any new multifamily housing development.
[1]
Editor's Note: Former § 461-41, Objectives, was
repealed 6-7-2017 by Ord. No. 7385-17.
[Added 6-7-2017 by Ord.
No. 7385-17; amended 7-5-2017 by Ord. No. 7389-17]
Applicants requesting site plan or subdivision
approval from the Planning Board shall meet all the requirements of
this chapter, including, but not limited to, demonstrating compliance
with the following additional requirements:
[1]
Editor's Note: Former § 461-42, Conditions and safeguards,
as amended, was repealed 6-7-2017 by Ord. No. 7385-17.
A.
Approval of a proposed site plan by the Planning Board
shall be noted by the signing of the same by the Chairman and Secretary
of the Planning Board.
B.
Two copies of an approved site plan shall be forwarded
to the Construction Official by the Secretary of the Planning Board.
The Construction Official shall enforce the requirements of the site
plan and shall not issue any certificate of occupancy until all of
the requirements of the site plan approval have been met, except in
accordance with the procedure set forth below.
C.
In the event that the Construction Official determines
that any of the requirements of the site plan approval cannot be met
for a temporary period of time by reason of weather, act of God or
other cause not created by the applicant, the Construction Official,
upon the applicant's posting a performance bond secured by a surety
company authorized to do business in the State of New Jersey in an
amount reasonably estimated by the Construction Official to be the
cost of completing such requirements shall issue a temporary certificate
of occupancy for a period not to exceed one year. Said bond shall
be conditioned upon the applicant's completing within a period of
one year from the date of issuance of a temporary certificate of occupancy
all of the site plan requirements then not complete. In the event
that such requirements are not completed within said one-year period
of time, the Construction Official shall revoke the temporary certificate
of occupancy issued and shall cause said requirements to be completed
at the sole cost and expense of the applicant.
D.
Upon approval of either a major subdivision or commercial
site plans, the applicant shall be required to enter into a developers
agreement with the City. The agreement shall provide, inter alia,
the amount of the performance guarantee to be supplied by the applicant
and summarize the improvements to be installed and any other conditions
to be met by the applicant. The agreement shall be in a form acceptable
to the City of Clifton Municipal Attorney and in accordance with the
Municipal Land Use Law.
[Added 4-7-1998 by Ord. No. 5954-98]
[Amended 8-18-1987 by Ord. No. 5194-87]
The effect of site plan approval shall confer
upon the applicant those rights for a three-year period as stated
and delineated in N.J.S.A. 40:55D-49 of the Municipal Land Use Law,
subject to and conditioned upon the terms of said statute and any
amendments or revisions thereto from time to time.
A.
An application for site plan approval shall be accompanied
by a fee, to be computed in accordance with the following schedule:
(1)
Multifamily dwellings: $5 per dwelling unit.
(2)
All other structures: $5 per 1,000 square feet of
gross floor area.
(3)
Site plans relating to additions: in computing the
fee for site plans involving only additions to existing structures,
only the number of dwelling units or gross floor area to be added
shall be used.
(4)
The minimum fee to accompany any application shall
be $50, and the maximum fee shall be $500 per structure.
B.
As a condition of issuing the certificate of occupancy
under site plan approval procedures, the certificate of occupancy
shall be based on continued maintenance and upkeep of landscaping
and building grounds as shown on the site plan.
