[HISTORY: Adopted by the Mayor and Council
of the Borough of North Haledon as Ch. 144 of the 1990 Code. Amendments
noted where applicable.]
This chapter shall constitute the Site Plan
Review and Approval Ordinance of the Borough of North Haledon.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
Calendar days.
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.
The removal of surface water or groundwater from land by
drains, grading or other means, including the control of runoff to
minimize erosion and sedimentation during and after construction or
development, and the means necessary for water supply preservation
or prevention or alleviation of flooding.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvement required by this
chapter.
Any security which may be accepted by a municipality, including
cash, provided that the municipality shall not require more than 10%
of the total performance guaranty in cash.
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.
The Planning Board or Board of Adjustment, whichever Board
has jurisdiction over the particular application.
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.
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 reviewing
board, including off-site improvements, where applicable.
[Amended 11-17-2021 by Ord. No. 19-2021]
A.
Site plan review and approval shall be required before any change
of use or 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.
Prior to the issuance of a certificate of occupancy in a nonresidential zone and/or nonresidential building, an application shall be filed in accordance with § 600-78 and shall contain such data and information prescribed in § 490-5B(4) as is necessary for the Board to make an informed decision on the application.
C.
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, but
this shall not limit the requirements for submission and approval
of subdivision plats as otherwise required by municipal ordinances.
D.
The reviewing board may waive site plan approval requirements if
the construction or alteration or change of occupancy or use does
not affect existing circulation, drainage, relationship of buildings
to each other, landscaping, buffering, lighting and other considerations
of site plan review.
In reviewing any site plan, the reviewing board
shall consider:
A.
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, goods and vehicles from access roads within the site, between
buildings and between buildings and vehicles.
B.
The reviewing board shall ensure that all off-street
parking spaces are usable and are 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.
C.
The design and layout of buildings and parking areas
shall be reviewed so as to provide an aesthetically pleasing design
and efficient arrangement. Particular attention shall be given to
safety and fire protection and impact on surrounding development and
contiguous and adjacent buildings and lands.
D.
Adequate lighting shall be provided to ensure safe
movement of persons and vehicles and for security purposes. Lighting
standards shall be a type approved by the reviewing board. Directional
lights shall be arranged so as to minimize glare and reflection on
adjacent properties.
E.
Buffering shall be located around the perimeter of
the site to minimize headlights of vehicles, noise, light from structures,
the movement of people and vehicles and to shield activities from
adjacent properties when necessary. Buffering may consist of fencing,
evergreens, shrubs, bushes, deciduous trees or combinations thereof
to achieve the stated objectives.
F.
Landscaping shall be provided as part of the overall
site plan design and integrated into building arrangements, topography,
parking and buffering requirements. Landscaping shall include trees,
bushes, shrubs, ground cover, perennials, annuals, plants, sculpture,
art and the use of building and paving materials in an imaginative
manner.
G.
Signs shall be designed so as to be aesthetically
pleasing, harmonious with other signs on the site and located so as
to achieve their purpose without constituting hazards to vehicles
and pedestrians.
H.
Storm drainage, sanitary waste disposal, water supply
and garbage disposal shall be reviewed and considered. Particular
emphasis shall be given to the adequacy of existing systems and the
need for improvements, both on site and off site, to adequately carry
runoff and sewage and to maintain an adequate supply of water at sufficient
pressure.
I.
Garbage disposal shall be adequate to ensure freedom
from vermin and rodent infestation. All disposal systems shall meet
municipal specifications as to installation and construction.
J.
Environmental elements relating to soil erosion, preservation
of trees, protection of watercourses and resources, noise, topography,
soil and animal life shall be reviewed, and the design of the plan
shall minimize any adverse impact on these elements.
A.
The applicant shall submit 12 copies of his/her complete
application to the Clerk of the reviewing board. The time for the
reviewing board's review shall not begin to run until the submission
of a complete application with the required fee. Unless the applicant
is informed in writing by the Clerk of the reviewing board within
45 days of the actual submission of the application that it is incomplete,
the application shall be deemed complete as of the date it was submitted.
B.
A complete application for preliminary approval shall
also consist of the following:
(1)
A properly completed site plan information form.
(2)
The required fee as provided by ordinance.
(3)
A site plan on which the following is set out:
(a)
Scale, not to exceed one inch equals 100 feet.
(b)
Locator map showing all road intersections within
500 feet.
(c)
All structures, wooded area and topography with
two-foot intervals, except where the slope exceeds 5%, in which case
contour intervals may be 10 feet.
(d)
All lot lines and owners of lots within 200
feet of the site.
(e)
Streets, easements, watercourses and rights-of-way.
(f)
Utility and drainage plans and information.
(g)
Preliminary plans for elevations and locations
of structures.
(h)
Preliminary plans for parking, lighting, loading,
signs and landscaping, together with appropriate calculations for
off-street parking. If signs are not to be provided, a notice to that
effect shall be indicated on the site plan. If signs are to be provided,
the height, dimensions and details of all signs shall be included.
(i)
Any extension of off-tract improvements necessitated
by the proposed development.
(j)
A soil erosion and sedimentation control plan,
pursuant to the requirements of N.J.S.A. 4:24-39 et seq.
(k)
Zone boundaries shall be shown on the site plan
as they affect the parcel. Adjacent zone districts within 200 feet
shall also be indicated. Such features may be shown on a separate
map or as a key on the detail map itself.
(l)
All distances as measured along the right-of-way
lines of an existing street abutting the property to the nearest intersection
of any other street.
(m)
Indications of required yards and setback areas,
building height in feet and stories, lot coverage and improved lot
coverage calculations.
(n)
Freshwater wetlands limits in accordance with
a letter of interpretation, along with the required and proposed transition
areas, or a letter of absence or presence of wetlands showing that
no wetlands exist on or affect the subject site.
[Added 7-15-1992 by Ord. No. 18-1992]
(4)
A minor site plan on which the following is set out:
[Added 11-17-2021 by Ord.
No. 20-2021]
(a)
Plot plan, sketch or other description of existing facility
including square footage of building, parking, lighting and signage.
(b)
Description of the proposed use and changes to building, lighting,
signage and other changes needed for proposed use, including a sketch
of the portion of the building to be occupied depicting entrances,
exits, internal partitions, perimeter security protection and fire
exits.
(c)
Whatever the applicable standard, the applicant shall prove
to the Board that his/her development will not adversely impact or
impair the use and enjoyment of adjacent properties.
C.
The site plan shall be prepared, signed and sealed
by a professional engineer and shall bear the signature and seal of
a licensed land surveyor as to topographic and boundary survey data.
D.
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/her application to
the municipal reviewing board by presenting a copy of his/her site
plan with an indication from the county that it has been filed with
the county. Any application for site 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.
The requirement for submission of a site plan to the county shall
be limited to those cases in which it is required by statute.
E.
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.
A.
Upon the submission to the Clerk of the reviewing
board of a complete application for a site plan for 10 acres of land
or less, the reviewing 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, except that, if the
application for site plan approval also involves an application for
a relief pursuant to N.J.S.A. 40:55D-60, the reviewing board shall
grant or deny preliminary approval within 95 days of the date of the
submission of a complete application to the Clerk of the reviewing
board or within such further time as may be consented to by the applicant.
B.
Upon the submission of a complete application for
a site plan of more than 10 acres, the reviewing 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 applicant.
C.
Upon the submission to the Clerk of the reviewing
board of a complete application for site plan approval pursuant to
N.J.S.A. 40:55D-76b, the reviewing board shall grant or deny preliminary
approval of the application within 120 days of the date of such submission
or within such further time as may be consented to by the applicant.
D.
Failure of the reviewing board to reach a decision
within the specified time periods or extensions thereof shall result
in the approval of the site plan as submitted.
E.
If the reviewing board requires any substantial amendment
to the layout of improvements 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 reviewing board shall, if the proposed development
complies with this chapter, grant preliminary site plan approval.
F.
Nothing herein shall be construed to limit the right
of a developer to submit a sketch plan to the reviewing board for
informal review, and neither the reviewing board nor the developer
shall be bound by any discussions or statements made during such review,
provided that the right of the developer at any time to submit a complete
application for site plan approval shall not be limited by his/her
submittal of a sketch plan, and the time for the reviewing board's
decision shall not begin to run until the submission of a complete
application.
A public hearing shall be held on all applications
for site plan approval. Notice by personal service or certified mail
shall be given to adjoining property owners within 200 feet of the
property. Notice shall be by certified mail or personal service, and
the applicant shall submit an affidavit of service. Additionally,
the applicant shall cause the notice to be published in a newspaper
circulated in Passaic County. The newspaper notice shall be published
at least 10 days prior to the scheduled public hearing, and the notice
to the adjoining property owners shall be given at least 10 days prior
to the scheduled public hearing.
The reviewing board, when acting upon applications
for preliminary site plan approval, shall have the power to grant
such exceptions from the requirements for site plan approval as may
be reasonable and within the general purpose and intent of this chapter
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
A.
Preliminary approval of a site plan, except as provided in Subsection B of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
That 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;
natural resources to be preserved on the site; vehicular and pedestrian
circulation, parking and loading; screening, landscaping and location
of structures; exterior lighting, both for safety reasons and streetlighting,
except that nothing herein shall be construed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to the public health and safety.
(2)
That 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.
(3)
That the applicant may apply for and the reviewing
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.
In the case of a site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsection A above for such period of time, longer than three years, as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised by ordinance, such revised standards shall govern.
A.
The reviewing 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.
B.
Final approval shall be granted or denied within 45
days after submission of a complete application to the Clerk 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
period prescribed shall constitute final approval of the application
for final approval as submitted, and a certificate of the Clerk of
the reviewing board as to failure of the reviewing board to act shall
be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other required evidence of approval.
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 490-9, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the reviewing board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provision of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 490-9 for the section granted final approval.
B.
In the case of a site plan for 150 acres or more, the reviewing board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the reviewing board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
A.
Performance and maintenance guaranties required.
(1)
As a condition of final site plan approval, the reviewing
board may require and shall accept in accordance with the standards
adopted by this chapter, for the purpose of assuring the installation
and maintenance of on-tract improvements:
(a)
The furnishing of a performance guaranty in
favor of the municipality in an amount not to exceed 120% of the cost
of installation for improvements it may deem necessary or appropriate,
including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting,
shade trees, surveyor's monuments as shown on the final map and required
by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.[1]), water mains, culverts, storm sewers, sanitary sewers
or other means of sewage disposal, drainage structures, erosion control
and sedimentation control devices, public improvements of open space
and other on-site improvements and landscaping, provided that no more
than 10% of the total performance guaranty shall be in cash, and the
balance shall be in the form of a bond from a bonding company approved
by the governing body.
[1]
Editor's Note: N.J.S.A. 46:23-9.9 et seq. was repealed by
L. 2011, c. 217, effective 5-1-2012. See now N.J.S.A. 46:26B-1 et
seq.
(b)
The furnishing of a maintenance guaranty to
be posted with the governing body for a period not to exceed two years
after final acceptance of the improvement, in an amount not to exceed
15% of the cost of the improvement. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or the improvements are covered by performance or
maintenance guaranty to another governmental agency, no performance
or maintenance guaranty, as the case may be, shall be required for
such utilities or improvements.
(2)
The Municipal Engineer shall review the improvements
required by the reviewing board which are to be bonded and itemize
their cost. The itemization shall be the basis for determining the
amount of performance guaranty and maintenance guaranty required by
the reviewing board. The Municipal Engineer shall forward his/her
estimate of the cost of improvements to the applicant within 30 days
of the date of receipt of a request sent by certified mail for the
estimate.
B.
The amount of any performance guaranty may be reduced
by the governing body, by resolution, when portions of the improvements
have been certified by the Municipal Engineer to have been completed.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be extended by the governing
body by resolution.
C.
If the required improvements are not completed or
corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon to the municipality for
the reasonable cost of the improvements not completed or corrected,
and the municipality may, either prior to or after the receipt of
the proceeds thereof, complete such improvement.
D.
When all of the required improvements have been completed,
the obligor shall notify the governing body, in writing, by certified
mail addressed in care of the Municipal Clerk, of the completion of
the improvements and shall send a copy thereof to the Municipal Engineer.
Thereupon, the Municipal Engineer shall inspect all of the improvements
and shall file a detailed report, in writing, with the municipal committee
indicating either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
E.
The governing body shall either approve, partially
approve or reject the improvements, on the basis of the report of
the Municipal Engineer, and shall notify the obligor, in writing,
by certified mail, of the contents of said report and the action of
the reviewing board with relation thereto not later than 65 days after
receipt of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved. Failure of the governing body to send or provide
such notification to the obligor within 65 days shall be deemed to
constitute approval of the improvements, and the obligor and surety,
if any, shall be released from all liability, pursuant to such performance
guaranty.
F.
If any portion of the required improvements is rejected,
the reviewing board may require the obligor to complete such improvements,
and, upon completion, the same procedure of notification as set forth
in this section shall be followed.
G.
The obligor shall reimburse the municipality for all
reasonable inspection fees paid to the Municipal Engineer for the
foregoing inspection of improvements.
H.
Release of performance and maintenance guarantees.
[Added 2-14-1990 by Ord. No. 3-1990]
(1)
In any instance in which the Borough has received
a performance or maintenance bond or guarantee of whatsoever kind
in connection with any proposed improvements, it shall not be released
in whole or part unless the Borough has received certified as-built
drawings accurately depicting the location, nature and extent of the
improvements actually built and until the Borough has received from
the Borough Engineer a written certification that the improvements
have been built in accordance with the filed as-built drawing and
in accordance with the approved plans.
(2)
The preparation of the as-built plans shall be at
the sole cost and expense of the person seeking a release in whole
or part of the performance or maintenance obligation.
The site plan design shall comply with the standards applicable to the intended use provided in Chapter 600, Zoning, as well as the requirements of this chapter.
A.
Where a site plan is submitted for property located
in a business or industrial district and the property is contiguous
to a residential district, the reviewing board shall not approve the
site plan unless findings of fact and conclusions have been made by
the reviewing board that the approval of the site plan can be granted
with a minimum deleterious effect upon the properties and the residents
of the residential zone contiguous to the site. In the event that
the reviewing board determines that there would be such a deleterious
effect, it shall deny the application for approval unless the reviewing
board finds that the deleterious effects are unavoidable and that
the site plan is the most practicable plan for the purpose of minimizing
said deleterious effects. Such a denial shall be supported by findings
of fact and conclusions. In determining whether there is such deleterious
effect, the reviewing board shall be guided by the following standards:
(1)
The relationship, beneficial or adverse, of the site
plan to the contiguous residential zone.
(2)
Air pollution and its effect on the contiguous residential
zone.
(3)
Whether the site plan will adequately protect the
contiguous residential zone and ensure safety from fire, flood, panic
or other dangers.
(4)
Whether the site plan will provide adequate light
and air.
(5)
Whether
the site plan will prevent overcrowding of the land, together with
whether the site plan will minimize the impact upon the residential
zone of the use of the subject land in accordance with the proposed
site plan.
(6)
Whether
the site plan will create undue concentration of population within
the proximity of the contiguous residential zone.
(7)
Whether
the site plan has any effect on the value of the property in the contiguous
residential zone.
(8)
Whether
the use of the property in accordance with the proposed site plan
will create and be attended by evidence of discomfort or annoyance
to residents of the contiguous residential property.
B.
Where the intended use is a permitted use under Chapter 600, Zoning, a site plan shall not be denied by the reviewing board because the intended use would have deleterious effects upon the residential properties, but rather the standards provided in this section shall be utilized by the reviewing board for the purpose of minimizing the adverse impact so that only those deleterious effects which are unavoidable are permitted consistent with the right of the applicant to develop the property in accordance with the permitted use of Chapter 600, Zoning.
The provisions of this chapter are subordinate
to all applicable provisions of statute, and, in any case of a conflict
between any of the provisions of this chapter and any provision of
the applicable statutes, the provisions of the statute will govern.
[Amended 10-15-1996 by Ord. No. 11-1996]
A.
In the event that the engineering data submitted by
the applicant is inadequate to provide a basis for adequate site plan
review, the reviewing board may engage the services of such experts
as are required to submit the additional studies, and the cost thereof
shall be paid by the applicant.
B.
The Planning Board or the Zoning Board of Adjustment, as the case may be, shall refer the site plan application and all supporting documents to the Borough Engineer for review and written report. Prior to the issuance of any certificate of occupancy, the Borough Engineer shall inspect the site to determine compliance with the terms of site plan approval and the applicable ordinances. Payment for the services of the Borough Engineer shall be in accordance with § 275-37A through H relating to escrow deposits and payments to professionals.
