[HISTORY: Adopted by the City Council of the City of Garfield 8-16-1983
by Ord. No. 1815 (Ch. 214 of the 1979 Code).
Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Site Plan Review
Ordinance of the City Garfield."
The provisions of this chapter are designed to provide a comprehensive review, guide and procedure to regulate site design of land development. It is further designed to protect and enhance natural features, features of historic significance; to improve natural and man-made environment to protect areas from flooding and erosion; to maximize, within limits of practicability and feasibility, solar gain to buildings; to provide adequate water supply, drainage, shade trees, sewerage and other utilities essential to residents and occupants; to preserve suitable sizes, shapes and locations of land for public use; to make standards governing grading, improvement of streets, drives and sidewalks, curbs, gutters, streetlights, fire hydrants, sewer drains and other improvements; to ensure that a site plan conforms to the applicable provisions of Chapter 341, Zoning; to ensure performance in substantial accordance with final site plan approval; to ensure that no taxes or assessments for local improvements are due or delinquent on property which is the subject of a site plan application; to provide for safe and sufficient vehicular and pedestrian circulation and parking; and to provide exterior lighting for safety in addition to streetlighting.
As used in this chapter, the following terms shall have the meanings
indicated:
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including, but not
necessarily limited to, topography, vegetation, drainage, floodplains, marshes
and waterways;
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;
and
Any other information that may be reasonably required in order to make
an informed determination pursuant to this chapter or any other ordinance
requiring review and approval of site plans.
Except as herein provided, no permit, certificate of occupancy or notice
to proceed shall be issued unless and until there is an approval of any site
plan development by the City of Garfield Planning Board or the City of Garfield
Board of Adjustment, if the latter Board shall have jurisdiction pursuant
to N.J.S.A. 40:55D-76 or any other law. Plans for site development shall be
prepared by state-licensed architects or engineers and shall be subject to
architectural review and approval by the Board having jurisdiction.
This chapter shall not apply to one-family and two-family residences.
The Board, upon resolution, may, if it so desires, contract with any
expert to report to it on any element of any site development plan which the
Board must consider hereunder so long as the Board shall have first collected
from the applicant whose plan is to be reviewed sufficient funds to be held
in escrow, as hereinafter provided, to pay the fee of such expert.
No building permit will be issued for any structure covered by this
chapter until an approved site plan, development plan or approved amendment
of such plan has been secured by the applicant and presented to the Construction
Code Official/Zoning Officer. No certificate of occupancy will be issued for
any structure or use of land covered under this chapter unless the structure
is completed or the land is developed or used in accordance with an approved
site plan or approved amendment of such site plan.
A.
The developer shall submit to the Secretary of the Board
a site plan and such other information as is reasonably necessary to make
an informed decision as to whether the site plan meets the requirements necessary
for preliminary approval. Of those architectural plans required to be submitted
for site plan approval, the preliminary plans and elevations shall be sufficient.
If an application for preliminary site plan development is found to be incomplete,
the developer shall be notified in writing of the deficiencies therein by
the Board or the Board's designee for the determination of completeness
within 45 days of the submission of such application or it shall be deemed
to be properly submitted.
B.
A tracing and nine copies of the site development plan
and related information shall be submitted to the Board 10 days prior to the
Board meeting at which approval is requested.
C.
At the request of the developer, the Board shall grant
an informal review of a concept plan for a development for which the developer
intends to prepare and submit an application for development. The developer
shall not be required to submit any fees for such an informal review. The
developer shall not be bound by any concept plan for which review is requested,
and the Board shall not be bound by any such review.
D.
If the Board requires any substantial amendment in the
layout of improvements proposed by the developer 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 Board shall, if the proposed development complies with this chapter, grant
preliminary site plan approval.
E.
Upon the submission to the Secretary of the Board of
a complete application for a site plan for 10 acres of land or fewer, and
10 dwelling units or fewer, the 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. Upon the submission of a complete
application for a site plan which involves more than 10 acres and 10 dwelling
units or fewer, the 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 developer. Otherwise, the Board shall be deemed to
have granted preliminary approval of the site plan.
The site plan shall be at a scale of not less than one inch equals 40
feet and shall show and include the following:
A.
The name of the development, date, North point, scale,
name and address of the owner, name of the person responsible for the preparation
of the site plan and the Tax Map lot and block numbers.
B.
The location, showing adjacent property owners, locations,
height and size of all existing and proposed buildings and curbs and dimensions.
C.
Provisions for off-street parking and off-street loading
and unloading. All parking spaces shall be numbered, and the total number
of spaces and total square footage of parking shall be shown on the site plan.
D.
The boundaries of the property, building setback lines
and easements, location of utility poles and fire hydrants, if any.
E.
Existing and proposed drainage facilities, sewer and
water lines.
F.
Proposed and existing highway and interior curbing.
G.
The location and width of proposed driveway and curb
cuts. State highway requirements shall be adhered to in all cases.
H.
The location of all existing driveways within 200 feet
of the lot.
I.
Directional arrows on pavement indicating the flow of
traffic.
J.
The proposed screening and landscaping.
K.
The total area of the site and coverage of the site by
all buildings.
L.
A written description of the industrial operation in
sufficient detail to indicate the effects of this operations in producing
noise, glare, vibration, smoke, fumes, gas, dust, odor, fire hazards and explosion
hazards.
M.
The proposed number of shifts to be worked and the maximum
number of employees on each shift.
N.
Any other data or evidence that the Board may reasonably
require in order to make a determination hereunder or in accordance with any
other law or ordinance pertaining to the premises or its operation.
O.
The location, size, slopes, types of piping, direction
of flow of sanitary sewer lines, with any existing or proposed pumping stations
and connections to existing mains and proposed connections to building sewer
lines and all details of construction of piping and manholes, complete with
rim elevations and inverts.
[Added 9-22-1987 by Ord. No. 1951]
P.
The location, size, slopes and type of water lines, fire
lines and domestic water lines, with connections to mains and buildings, together
with water meters, lawn hydrants and fire hydrants.
[Added 9-22-1987 by Ord. No. 1951]
Q.
The location of electric power and light lines, telephone
and television cable lines, together with manholes, underground conduits,
transformers and transformer protections and meters.
[Added 9-22-1987 by Ord. No. 1951]
R.
A sanitary and storm sewer study prepared by a licensed
professional engineer indicating the impact the development or subdivision
will have on the surrounding sewer lines, including:
[Added 9-22-1987 by Ord. No. 1951]
(1)
The daily peak flow, in percentage and volume to be generated
by the development.
(2)
The daily unused capacity, in percentage and volume,
of all surrounding sewer lines.
(3)
The daily peak flow of all surrounding sewer lines into
which the subdivision's or development's lines will flow, either
directly or indirectly.
S.
A water study prepared by a licensed professional engineer
indicating the impact the subdivision or development will have on the surrounding
domestic water, fire and water lines, including:
[Added 9-22-1987 by Ord. No. 1951]
T.
A traffic study prepared by a licensed professional engineer
indicating the impact the development or subdivision will have on the surrounding
roads, including:
[Added 9-22-1987 by Ord. No. 1951]
[Added 6-8-1994 by Ord. No. 2161]
A.
MULTIFAMILY HOUSING DEVELOPMENT
RECYCLING AREA
Definitions. As used in this section, the following terms
shall have the meanings indicated:
A building containing three or more dwelling units occupied or intended
to be occupied by persons living independently of each other, or a group of
such buildings.
Space allocated for collection and storage of source-separated recyclable
materials.
B.
There shall be included in any new multifamily housing
development that requires subdivision or site plan approval an indoor or outdoor
recycling area for the collection and storage of residentially-generated recyclable
materials. The dimensions of the recycling area shall be sufficient to accommodate
recycling bins or containers which are of adequate size and number and which
are consistent with anticipated usage and with current methods of collection
in the area in which the project is located. The dimensions of the recycling
area and the bins of containers shall be determined in consultation with the
Municipal Recycling Coordinator and shall be consistent with the district
recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A.
13:1E-99.13) and any applicable requirements of the Municipal Master Plan,
adopted pursuant to Section 26 of P.L. 1987, c. 102.
C.
The recycling area shall be conveniently located for
the residential disposition of source-separated recyclable materials, preferably
near, but clearly separated from, a refuse dumpster.
D.
The recycling area shall be well lit and shall be safely
and easily accessible by recycling personnel and vehicles. Collection vehicles
shall be able to access the recycling area without interference from parked
cars or other obstacles. Reasonable measures shall be taken to protect the
recycling area, and the bins or containers placed therein, against theft of
recyclable materials, bins or containers.
E.
The recycling area or the bins or containers placed therein
shall be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable. Any bins
or containers which are used for the collection of recyclable paper or cardboard,
and which are located in an outdoor recycling area, shall be equipped with
a lid, or otherwise covered, so as to keep the paper or cardboard dry.
F.
Signs clearly identifying the recycling area and the
materials accepted therein shall be posted adjacent to all points of access
to the recycling area. Individual bins or containers shall be equipped with
signs indicating the materials to be placed therein.
G.
Landscaping and/or fencing shall be provided around any
outdoor recycling area and shall be developed in an aesthetically pleasing
manner.
A.
Preliminary approval of a site plan shall confer upon
the applicant the following rights for a three-year period from the date of
the preliminary approval:
(1)
The general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited to use
requirements, layout and design standards for streets, curbs and sidewalks,
lot size, yard dimensions and off-tract improvements and any requirements
peculiar to the site plan approval. However, nothing herein shall be construed
to prevent the municipality from modifying by ordinance such general terms
and conditions of preliminary approval as relate to public health and safety.
(2)
The applicant may submit for final approval on or before
the expiration date of preliminary approval the whole or a section or sections
of the preliminary site plan, as the case may be.
(3)
The applicant may apply for and the Board may grant extensions
on such preliminary approval for additional periods of at least one year,
but not to exceed a total extension of two years, provided that, if the design
standards have been revised by ordinance, such revised standards shall govern.
B.
The applicant may apply for thereafter, and the Board
may thereafter grant, an extension to preliminary approval for such additional
period of time as shall be determined by the Board to be reasonable, taking
into consideration:
(1)
The number of dwelling units and nonresidential floor
area permissible under preliminary approval.
(2)
The potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval.
(3)
Economic conditions.
(4)
The comprehensiveness of the development, provided that,
if the design standards have been revised, such revised standards shall govern.
A.
The Board shall grant final approval if the detailed
drawings, specifications and estimates of the application for final approval
conform to the standards established by ordinance for final approval and the
conditions of preliminary approval, provided that the Board may permit minimal
deviations from the conditions of preliminary approval necessitated by change
of conditions beyond the control of the developer since the date of preliminary
approval without requiring the developer to submit another application for
preliminary approval.
B.
Final approval shall be granted or denied within 45 days
after submission of a completed application to the Board or within such further
time as may be consented to by the applicant. Failure of the Board to act
within the period prescribed shall constitute final approval and a certificate
of the administrative officer as to the failure of the Board to act shall
be issued upon request of the applicant, and it shall be sufficient in lieu
of the written endorsement or other evidence of approval herein required.
C.
Whenever review and approval of the application by the
County Planning Board is required by Section 8 of P.L. 1968, c. 285 (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 County Planning Board by its
failure to report thereon within the required time period.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer, whether conditionally
or otherwise, shall not be changed for a period of three years after the date
of final approval. If the developer has followed the standards prescribed
for final approval, the Board may extend such period of protection for extensions
of one year, but not to exceed two extensions. Notwithstanding any other provisions
of this chapter, the granting of final approval terminates the time period
of preliminary approval pursuant to N.J.S.A. 40:55D-49 for the section granted
final approval.
[Added 9-22-1987 by Ord. No. 1951]
A.
As a condition of every subdivision or site plan approval, the
Planning Board or Zoning Board of Adjustment, as the case may be, shall, pursuant
to N.J.S.A. 40:55D-42, determine the pro rata share of costs of providing
reasonable and necessary street improvements, water, sewerage and drainage
facilities and easements therefor, located outside the property limits of
the subdivision or development, which improvements are necessitated or required
by the construction or improvements within the subdivision or development.
B.
Consideration shall be given to the Master Plan, N.J.S.A.
40:55D-28, circulation and utility service elements, as well as the benefits
conferred upon the surrounding and common property owners.
C.
Experts employed by the Planning Board or Zoning Board
of Adjustment to evaluate the costs and benefits of the necessary and required
off-tract improvements shall be paid by the applicant.
The Board or governing body may require and shall accept for the purpose
of assuring the installation and maintenance of on-tract improvements performance
and maintenance guaranties pursuant to N.J.S.A. 40:55D-53.
A.
Site plan.
(1)
Preliminary site plan.
(2)
Final site plan.
(a)
For approval of multifamily residential, including garden
apartments and townhouses: $5 per dwelling unit, provided that the minimum
fee shall be $100.
(b)
All other site plan approvals, exclusive of variance
or subdivision fee costs: $5 per 1,000 square feet of gross floor area, or
a minimum of $100, whichever is greater.
(3)
Simultaneous filing of preliminary and final site plan.
(4)
Amended site plan application. For approval of an amended
site plan application: $75.
B.
Deposit for costs. In all matters wherein either the
applicant or the approving authority is required to publish notice of a hearing
or a determination of the authority, the application shall be accompanied
by a deposit intended to reimburse the City for the cost of such notification
in an amount of $50, payable at the time of the submission of the application.
