[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 9-23-1975 by Ord. No. 652 (Ch. 104A of the 1966 Code).[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was readopted
1-31-1977 by Ord. No. 672, pursuant to the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. Certain changes were made in conjunction
with the readoption, which are noted where applicable.
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.
A.
Initial application.
(1)
The applicant shall be required to fill out a form
to be supplied by the Building Inspector, which form shall be executed
by the owner or his duly authorized agent, with the name of the owner
supplied and certified by him to be a true statement. The form shall
require the following information:
(a)
The lot and block number of the property.
(b)
The name and address of the present owner of
record.
(c)
If a corporation, the names and addresses of
officers and directors or persons upon whom notice may be served.
(d)
A detailed description of the proposed use of
the property, both at the present time and in the foreseeable future.
(3)
If the applicant has secured a variance from the Land Use Board affecting the site plan application or any part thereof, a copy of the application to the Land Use Board and its resolution shall accompany the form filed in Subsection A(1).
(4)
The application form for the site plan approval as referred to in Subsection A(1) hereof is attached hereto and made a part hereof as Schedule A. In addition, to be included with said application is a certificate of payment of taxes attached hereto and made a part hereof as Schedule B. Schedule A and Schedule B, together with a site plan and payment of the required fees, constitute a complete application, provided that the same contain the requested information upon which the Land Use Board can make a decision.[1]
[Added 7-17-1979 by Ord. No. 717; amended 11-24-1981 by Ord. No. 788]
[1]
Editor's Note: Schedules A and B are on file
in the office of the Borough Clerk, where they are available for examination
by the public during regular business hours.
B.
Site plan. The applicant shall cause a site plan map to be prepared by a civil engineer, surveyor, land planner, architect or other competent person and certified by him. Site plan elements shall include those listed below which are appropriate to the proposed development or use, as indicated by the Land Use Board or its representatives in the presubmission conference required in § 236-6C.
(1)
Scale and dimensions. The map shall be at least 18
inches by 26 inches but not more than 24 inches by 36 inches and at
a scale of 10, 20 or 40 feet to the inch, except that if the property
has a maximum dimension over 900 feet, a scale of 50 feet to the inch
may be used.
(2)
Description data:
(a)
The lot and block designation of the property.
(b)
The name and address of the owner of record;
if a corporation, listing names and addresses of officers and directors
or persons upon whom notice may be served.
(c)
The name and address of the person, firm or
organization preparing the map.
(d)
The date, North point and written and graphic
scale.
(e)
A sufficient description or information to define
precisely the boundaries of the property. All distances shall be in
feet and tenths of a foot. All bearings shall be given to the nearest
10 seconds. The error of closure shall not exceed one in 10,000.
(f)
The location, names and existing widths of adjacent
streets, rights-of-way and curblines.
(g)
The owners of record of all adjoining lands.
(h)
The location, width and purpose of all existing
and proposed easements, setbacks, reservations and areas dedicated
to the public use within or adjoining the property.
(i)
A complete outline of existing deed restrictions
or covenants applying to the property, including utility easements.
(j)
The existing zoning of the property and all
adjacent lands.
(3)
Natural features:
(a)
Contours at six-inch intervals for land with
a slope of less than 2%, one-foot intervals between 2% and 5% or five-foot
intervals for land with grades over 5%. Contours shall be related
to a datum acceptable to the Borough Engineer.
(b)
The location and width of any existing watercourses,
marshes and wooded areas and isolated trees with a diameter of six
inches or more when measured three feet above the base.
(c)
Approximate boundaries of any areas subject
to flooding or stormwater overflows.
(d)
The size of the site in square feet.
(4)
Existing structures and utilities:
(a)
The location of uses and outlines of structures
drawn to scale on and within 200 feet of the property, including the
setback.
(b)
Paved areas, sidewalks and vehicular access
between the site and public streets.
(c)
Locations, dimensions, grades and flow directions
of existing sewers, culverts and waterlines, as well as other underground
and aboveground utilities within and adjacent to the property.
(d)
Other existing development, including fences,
lighting and landscape screening.
(5)
Proposed development:
(a)
Building plans showing, as a minimum, all floor
plans and elevations of all proposed principal buildings and structures
and all accessory buildings and structures and any proposed appurtenances
to be placed on any structure, and such plans shall also show the
design or general architectural styling.
(b)
The location of the proposed buildings or structural
improvements.
(c)
The location of all uses not requiring structures.
(d)
The number and type of proposed uses to occupy
the building.
(e)
The number of units and the number of tenants,
employees or occupants of each unit.
(f)
The proposed location of fences, signs and advertising
features.
(g)
The location, direction, size and time of use
for any proposed outdoor lighting, including the type of construction.
(h)
The arrangement of proposed sidewalks, driveways,
loading areas, off-street parking areas or other paved areas.
(i)
Any proposed grading, screening and other landscaping,
including types and locations of proposed street trees.
(j)
The structural design of curbing, sidewalks,
driveways, fascia and the like.
(k)
Grading elevations in sufficient detail to describe
the proposed grading and drainage. These shall include existing and
proposed grades within the site and for a distance of 50 feet from
the lot. Existing and proposed grades shall be measured at lot corners,
building corners, 10 feet off building corners and at the high, low
and end elevations of driveways, slopes, swales, drains and street
paving.
(l)
The location, type and size of proposed catch
basins and storm drainage facilities, including all required design
data supporting the adequacy of the existing or proposed facility
to handle future storm flows, and all utilities, both above and below
the ground. The location of easements to accommodate all of the foregoing
shall be clearly indicated on the plan.
(m)
An outline of any proposed deed restrictions
or covenants.
(n)
The location and identification of proposed
open spaces, parks or other recreation areas.
(o)
Water use and connections and details of any
specific fire protection connection systems.
(p)
Such other information as is necessary to enable
the Land Use Board to determine whether the proposed structure and
use of land will conform to the provisions of this chapter.
(q)
If the site development plan indicates only
a first stage, a supplementary plan shall indicate ultimate development.
C.
Presubmission conference. At the request of the applicant,
and prior to the submission of a detailed site plan, the Land Use
Board may meet with the applicant to discuss the proposed use, review
the application and determine what additional information should be
supplied to conform to the detailed filing requirements of this chapter.
D.
Waiver. The Land Use Board, pursuant to the vote of a majority of a duly constituted quorum of the members of said Board, may waive any requirements and provisions of § 236-6B when the applicant demonstrates to the Board that, by reason of the strict adherence thereto, an unnecessary hardship will result and which the Land Use Board shall deem unnecessary or inappropriate in making a proper determination of the extent and purpose of the proposed use. The Board may proceed upon its own motion, or upon the application of the applicant, to waive any of these requirements.
E.
Processing of application.
(1)
Drawings shall be submitted for each separate application.
Each sheet of the submitted drawings shall bear the professional seals
required by law or the owner's affidavit that they were drawn by his
own hand for use by himself or an immediate member of his family.
(2)
Nine copies of the site plan shall be filed with the
Secretary of the Land Use Board. Said copies shall be submitted to
the Secretary at least 15 days prior to the regular Land Use Board
meeting at which approval is requested.
(3)
The Land Use Board shall act on any site plan submitted
to it for its review within 45 days after the regular meeting at which
it is first considered, and failure of the Land Use Board to act thereon
within said time or within such future extended time as may be consented
to by the applicant shall be deemed as approval of the site plan.
(4)
If any substantial changes are required, an amended
plan shall be submitted to the Secretary of the Land Use Board at
least 15 days prior to the regular Land Use Board meeting at which
it will be considered, and the Land Use Board shall have 45 days from
such meeting to act upon the amended plan, or such future extended
time as may be consented to by the applicant.
(5)
The Land Use Board, in its review of the site plan,
may call upon any agency or department within the Borough of Emerson
for its appropriate recommendation.
A.
Performance guaranty.
(1)
After approval of the Land Use Board of the site plan,
the applicant shall sign a contract with the governing body of the
Borough of Emerson and post a performance guaranty.
(2)
The performance guaranty may be in the form of a cash
deposit with the Borough or in the form of a surety bond acceptable
to the Borough Attorney, or a combination of the two.
(3)
The performance guaranty shall cover all improvements
shown on the approved site plan, excluding the structure as determined
by the Borough Engineer.
(4)
In addition to the performance guaranty, the applicant
shall deposit with the Borough a sum of money sufficient to cover
the legal and engineering costs associated with the application, its
processing and during the performance and maintenance periods. The
applicant can subsequently be required to deposit additional money
for engineering and legal costs if the initial deposit is inadequate.
(5)
The performance guaranty shall not be released until
the Borough Engineer has inspected the improvements and has certified,
in writing, that they are in accordance with the approved site plan
and Borough specifications.
(6)
A maintenance guaranty may be required at the expiration
of the performance guaranty in a sum to be set by the Borough Engineer
and posted by bond or cash, or a combination of both.
B.
Changes in approved site plan.
(1)
No changes shall be made in any site plan approved
by the Land Use Board without approval of the change by said Board,
in writing.
C.
Length of approval.
(1)
Any site plan approval issued by the Land Use Board
shall be valid for the same period of time as the time during which
the building permit or certificate of occupancy, which may be thereafter
issued, shall be valid.
(2)
The approval of the Land Use Board shall be deemed
to have lapsed if a building permit is not issued within one year
after the date when Land Use Board approval is communicated to the
applicant.
D.
Certificate of occupancy. Prior to the issuance of
the certificate of occupancy:
(1)
The Building Inspector shall certify, in writing,
that the structure or structures meet all requirements of the Building
Code.
(2)
The Borough Engineer shall certify, in writing, that
all improvements other than the structure are in accordance with the
approved site plan and Borough specifications.
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.
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)]
[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.
A.
Failure to comply with any of the conditions of site
plan approval subsequent to the receipt of a building permit shall
be grounds for:
(1)
The revocation of any building permit or the withholding
or revocation, if issued, of any certificate of occupancy.
(2)
Forfeiture of any performance bond or other payment
guaranty required by the Land Use Board to cover the costs of improvement
specified in the portion of the site plan over which the Borough has
control.
(3)
Appropriate court action initiated by the Land Use
Board.
B.
A written notice of revocation sent by certified mail
to the applicant by the Building Inspector, requiring compliance with
the conditions of the site plan approval in not less than five days,
shall effectively revoke any building permit or certificate of occupancy,
as the case may be, if compliance shall not be had within the time
limit set and if the time limit is not extended by the appropriate
Borough official.
C.
In the event that any construction of any sort is
started or completed prior to the securing of Land Use Board approval,
when such approval is required by virtue of this chapter, it is a
violation of this chapter. Such violation shall be a continuing violation
until removed or abated or until approval by the Land Use Board is
secured. It shall be no defense that the violation shall have been
removed, abated or approved by the Land Use Board, and said construction
shall be a violation for each and every day of its occurrence.
D.
Nothing in this chapter shall be deemed a waiver of
compliance with any other applicable Borough ordinance or state or
county statute, rule, ordinance or resolution.
