This chapter shall be known and may be cited
as the "Site Plan Review Ordinance of the Borough of Emerson, in the
County of Bergen, New Jersey."
The general purpose of this chapter is to provide
rules, regulations and standards to guide land development for nonresidential
uses in the Borough of Emerson, in order to promote the public health,
safety, convenience and general welfare of the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter shall be administered by the Land
Use Board of the Borough of Emerson, by authority of N.J.S.A. 40:55D-37
et seq., in such case made and provided.
In reviewing and acting upon site development
plans, the Land Use Board shall consider the public health, safety,
welfare, comfort and convenience of the public in general and of the
residents of the immediate neighborhood affected in particular. It
may prescribe appropriate conditions, safeguards and guaranties required,
so that the result of its actions shall, to the maximum extent possible,
further the expressed general purpose of this chapter and shall also
achieve the following objectives in particular:
A. Providing maximum safety and convenience of vehicular
and pedestrian traffic by ensuring that all driveways and walkways
are adequate but not excessive in number, that they are adequate in
width, grade, alignment and visibility and that they are suitably
located, particularly with respect to their connections with public
streets. Appropriate signs may be utilized for identification to achieve
this purpose.
B. Providing adequate access, ingress and egress for
all proposed structures for equipment or material and for fire and
police protection and any other municipal services on the site.
C. Providing adequate off-street parking to accommodate
vehicles of persons connected with or visiting the premises and to
obviate the parking of such vehicles in public streets.
D. Landscaping the site in a manner which provides reasonable
screening, during all seasons of the year, of all playgrounds, parking
areas and service areas from the view of adjacent residential properties
and abutting streets of residential areas.
E. In applicable cases, providing a drainage system and
layout which would afford the best solution to any drainage problems.
F. Preventing any alteration of the natural land contours
by the erection of any structure that would increase possible flood
heights or divert floodwaters to other properties or create any other
hazardous condition relating to flooding.
G. Conserving the value of the property and encouraging
the most appropriate use of the land.
[Amended 4-27-2004 by Ord. No. 1263]
A. It shall be at the discretion of the Emerson Construction
Code Official to approve the issuance of a building permit or certificate
of occupancy for any use other than a single- or two-family detached
residential structure, or require that the applicant seek site plan
approval by the Land Use Board.
[Amended 8-18-2009 by Ord. No. 1381]
B. A new certificate of occupancy shall be required for
any change in use, change in occupant, or change in the structure
on all properties, except for those utilized solely for single- or
two-family detached residential housing.
The following standards shall be utilized by
the Land Use Board in reviewing all site plans. These standards are
intended to provide a frame of reference for the applicant in the
development of site and building plans, as well as a method of review
for the reviewing authority. These standards shall not be regarded
as inflexible requirements. They are not intended to discourage creativity,
invention and innovation. The specification of one or more particular
architectural styles is not included in these standards.
A. Preservation of landscape.
(1) The landscape shall be preserved in its natural state,
insofar as practicable and where desirable, by minimizing tree and
soil removal; and any grade changes shall be in keeping with the general
appearance of neighboring developed areas.
(2) Treatment and design of proposed screening shall be
shown. Effective landscaping shall be provided and maintained throughout
the year. The remaining area of the lot not occupied by building,
parking or sidewalks shall be planted with grass, shrubs and other
decorative landscaping.
B. Relation of proposed buildings to environment. Proposed
structures shall be related harmoniously to the terrain and to existing
buildings in the vicinity that have a visual relationship to the proposed
buildings. The achievement of such relationship may include the enclosure
of space in conjunction with other existing buildings or other proposed
buildings and the creation of focal points with respect to avenues
of approach, terrain features or other buildings.
C. Drives, parking and circulation. With respect to vehicular
and pedestrian circulation, including walkways, interior drives and
parking, special attention shall be given to the location and number
of access points to the public streets; the width of interior drives
and access points; the general interior circulation; the separation
of pedestrian, bicycle and vehicular traffic; and the arrangement
of parking areas that are safe and convenient and do not detract from
the design of the proposed buildings and structures and the neighboring
properties. Treatment and design of proposed screening shall be shown.
D. Surface water drainage. Special attention shall be
given to proper site surface drainage so that removal of surface waters
shall not adversely affect neighboring properties or the public storm
drainage system. Stormwater shall be removed from all roofs, canopies
and paved areas and carried away in paved swales or in an underground
drainage system. Surface water in all paved areas shall be connected
at intervals so that it will not obstruct the flow of vehicular or
pedestrian traffic and will not create puddles or the menace of ice
or other hazardous conditions.
E. Utility service. Electric and telephone lines shall
be underground. Any utility installations remaining above the ground
shall be located so as to have a harmonious relationship to neighboring
properties and the site. The proposed method of sanitary sewage disposal
from all buildings shall be indicated.
F. Advertising features. The size, location, design,
color, texture, lighting and materials of all permanent signs and
outdoor advertising structures or features shall not detract from
the design of proposed buildings and structures and the surrounding
properties nor create confusion with traffic signs or any other signs.
Off-site directional signs shall conform to the foregoing.
G. There shall be no building or feature in the round
which is representational, e.g., a brown derby, ice cream cone, polar
bear, etc. There shall be no ragged outlines of buildings clearly
used as eye-catchers representing internal functions or not representing
a corporate identity.
H. Lighting. There shall be adequate controls of all
illumination or sky glow and glare.
I. Special features. Exposed storage areas, exposed or
hidden machinery installations on all levels, services areas, truck
loading areas, utility buildings and structures and similar accessory
areas and structures shall be subject to such setbacks, screen plantings
or other screening methods as shall reasonably be required to prevent
their being incongruous with the existing or contemplated environment
and the surrounding properties.
J. Application of design standards. The standard of review outlined in Subsections
A through
I shall also apply to all accessory buildings, structures, freestanding signs and other site features, however related to the major buildings or structures.
K. All building exterior walls shall be of brick masonry
or its equivalent.
[Amended 7-17-1979 by Ord. No. 717; 5-20-2003 by Ord. No. 1227; 7-21-2020 by Ord. No. 1615-20]
A. The following fee schedule shall apply when site plans
are filed with the Land Use Board of the Borough of Emerson, which
fees shall be for the engineering and legal expenses incurred for
review and inspection of the site plan and for any other miscellaneous
costs relating thereto:
Site
|
Fee
|
With Variance
|
---|
Up to 1 acre
|
$750
|
$1,000
|
1 acre or less than 2
|
$850
|
$1,100
|
2 acres or less than 3
|
$950
|
$1,200
|
3 acres or less than 4
|
$1,050
|
$1,300
|
4 acres or less than 5
|
$1,150
|
$1,400
|
5 acres or less than 6
|
$1,250
|
$1,500
|
6 acres or less than 7
|
$1,350
|
$1,600
|
7 acres or less than 8
|
$1,450
|
$1,700
|
8 acres or less than 9
|
$1,550
|
$1,800
|
9 acres or less than 10
|
$1,650
|
$1,900
|
10 acres or greater
|
$1,750
|
$2,000, plus $100 for additional acres or fraction
thereof
|
B. On a site plan involving a portion of land in a parent
parcel greater than five acres, the Borough Engineer will determine
the number of acres involved in the development for site plan, and
the fee will be according to the schedule in this section but will
not be less than $500 in any case.
C. A conditional use application submitted for review
by the Land Use Board as follows: $1,000, plus $100 per acre.
[Added 2-11-1985 by Ord. No. 871; amended 5-20-2003 by Ord. No. 1227; 7-21-2020 by Ord. No. 1615-20; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
See Chapter
47, Land Use Procedures, §
47-26.1, Escrow deposits.
[Amended 2-18-2003 by Ord. No. 1218]
Any person, firm or corporation who or which
shall violate any provision of this chapter shall be liable to a fine
not exceeding $500 or to imprisonment for a term not exceeding 90
days, or both; and each day in which such violation continues shall
constitute a separate violation or offense.
[Amended 1-31-1977 by Ord. No. 672]
All other ordinances or parts of ordinances,
except Ordinance No. 666, inconsistent with the provisions of this chapter are hereby
repealed to the extent of such inconsistency.