[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley 10-15-2002 by Ord. No. 2751 (Ch. 201 of the 1978
Code). Amendments noted where applicable.]
A.
No construction permit or certificate of occupancy shall be issued for any use except one- and two-family detached dwellings and permitted accessory use thereto unless a site plan shall have first been approved by the Board in accordance with the terms of this chapter, except that site plan approval also shall not be required for the following except as set forth in Subsection B:
[Amended 5-5-2015 by Ord.
No. 3305]
(1)
Minor repairs to the interior of a building or structure
not involving structural changes as determined by the Construction
Official.
(2)
Renovations or alterations to the exterior design
of a building or structure which do not involve a major structural
change or enlargement of the building, as determined by the Construction
Official.
(3)
Certificates of continued use, zoning permits, certificates
of change in use and certificates of occupancy for renovation, alterations,
interior minor repairs and additions, exempt from site plan approval,
as determined by the Construction Official.
(4)
Signs as described in this chapter.
(5)
In cases where an expansion or an addition to an existing
use, structure or building, the standards established by this chapter
shall be applicable except when the expansion or addition does not
exceed 15% of the gross floor area or 1,000 square feet of the existing
use, whichever shall be the lesser.
B.
The Construction Official may, at his discretion,
refer any application for a construction permit or use to the approving
authority for site plan approval where, in his judgment, the construction,
reconstruction, alteration, use or sign will affect motor vehicle
and pedestrian circulation, drainage, water supply, sewage disposal,
landscaping, lighting, off-street parking or loading or any lack of
any or all of these factors, environmental factors and other considerations
as specified in this chapter.
The procedures for obtaining site plan approval
shall follow the requirements of the Municipal Land Use Law, Chapter
291, Laws of New Jersey 1975. Site plan approval shall generally be
under the jurisdiction of the approving board except when the application
also involves a "d" variance in accordance with N.J.S.A. 40:55D-70,
in which case site plan approval shall be under the jurisdiction of
the Board of Adjustment.
[Amended 5-5-2015 by Ord.
No. 3305]
Twenty-two copies of an application for site plan approval on a form approved by the approving board, together with 22 copies of the site plan shall be submitted to the administrative officer. The application shall be accompanied by a fee in accordance with the Schedule of Fees, § 85-42. Supervision and inspection of improvements shall be no greater than 2 1/2% of the amount certified by the Township Engineer to be the cost of improvements. Where County Planning Board review is required by the Essex County site plan review resolution, the applicant shall file two additional copies of the application and site plan with the Essex County Planning Board.
A.
Certification of completeness. The site plan application
shall not be considered complete until it is certified by the Construction
Official that the application contains all pertinent information requested
therein and that the site plan is in the form and shows all the information
required by this chapter. The determination of whether or not the
application meets the requirements for completeness shall be made
within 45 days of submission of the application. The Construction
Official shall notify the applicant of such determination with the
reasons for lack of completeness if defects are found. The application
shall not be considered as filed until it is certified as complete
and all required fees are paid.
B.
Distribution of application.
(1)
The Construction Official shall mark each copy of
the completed application with the date of certification of completeness
and shall transmit a copy of the application and site plan, within
three days of completeness, to each of the following:
(a)
Secretary of the approving board.
(b)
Township Engineer.
(c)
Township Police Chief or other police officer
designated by the Commissioner of Public Safety.
(d)
Paid Fire Department officer as designated by
the Commissioner of Public Safety.
(e)
Township Shade Tree Advisory Committee.
(f)
Planning consultant.
(g)
Construction Official.
(h)
Township Clerk.
(i)
Board of Education.
[Added 5-5-2015 by Ord.
No. 3305]
(2)
Nine copies of the application and site plan shall
be transmitted by the Construction Official to the Chairman of the
approving board or to the Chairman of the Site Plan Committee if such
Committee has been appointed.
C.
Site Plan Committee. If the Board desires, it may,
by resolution, create a Site Plan Committee to review applications
prior to consideration by the Board and to make recommendations as
to the need for changes in the plan and/or opinions from officials
and consultants.
D.
Referral to officials and consultants. If the Board deems necessary to its proper consideration of the site plan, it may request technical advice from any or all of the officials, commissions and consultants to which the plan has been transmitted under Subsection B of this section and any other Township officials or Township agencies or expert consultants on performance standards. Said officials, agencies and consultants shall submit written reports to the Board concerning the site plan within the 20 calendar days following referral action by the Board. Failure to submit a report or to request an extension of time to do so shall be deemed an affirmative statement that the official, agency or consultant has no unfavorable comment to make.
E.
Time limits for Board review.
(1)
The time limits for action by the approving board
shall be the same as those set forth in the Municipal Land Use Law,
N.J.S.A. 40:55D-37 et seq.
(2)
The Board shall notify the applicant and the Construction
Official of its actions or approval, disapproval or referral. In disapproving
a site plan, the Board shall enter its reasons for such action in
its records and submit a copy of such reasons to the applicant. When
a site plan is approved, the Chairman and Secretary of the approving
board shall sign and date the statement of approval on the site plan
required by this chapter. In considering approval or disapproval of
the site plan, the Board and its consultants and advisors shall be
guided by the standards set forth in this chapter. In approving a
site plan, the Board may attach such conditions as it deems necessary
to bring the plan into conformance with such standards.
(3)
In approving a site plan, the Board shall state that
such approval is subject to and shall not become final until approval
of any necessary actions by any Township, Essex County, state or federal
agency with jurisdiction over the proposed development.
A.
The site plan shall be prepared, signed and sealed
by a professional engineer, architect or professional planner licensed
to practice in the State of New Jersey and shall bear the signature
and seal of a licensed land surveyor as to topography and boundary
survey data. The plan shall be drawn to a scale of not less than 20
feet to the inch, unless the site is of such size that it cannot be
shown at this scale on a sheet 30 inches by 42 inches, in which case
a scale convenient to show the site on such sheet may be used. The
site plan shall be drawn on a sheet of one of the following sizes:
B.
Each site plan shall show the following information:
(1)
The name and title of the applicant, owner and person
preparing map.
(2)
A place for the signature of the Chairman and Secretary
of the approving board.
(3)
Tax Map lot and block numbers.
(4)
The date, graphic scale and North sign.
(5)
Bearings of all property lines with reference to north
and south and length of these lines.
(6)
The zone district in which property in question falls
and zone district of adjoining properties within 400 feet.
(7)
All setback dimensions, landscaped areas, fencing
and trees of over six-inch caliper.
(8)
The location of all signs and exterior lighting with
size of signs and description and height of light fixtures and strength
in lumens and direction of illumination.
(9)
The location of the principal building and all accessory
structures with dimensions of the structures and of the distances
to lot lines.
(10)
Stormwater system, including roof leaders and
inlets, and design data supporting the adequacy of the system to handle
twenty-five-year storm flows.
(11)
Sanitary sewerage disposal system.
(12)
Water supply system and all other utilities.
(13)
All curbs, sidewalks, driveways, parking space
layout and off-street loading areas with dimensions.
(14)
Rights-of-way, easements and all lands to be
dedicated to the Township or Essex County.
(15)
The entire property in question, even though
only a portion of said property is involved in the site plan; provided,
however, that where it is impossible to show the entire property on
the required sheet, a key map is permitted.
(16)
Based on most recent tax records, the names
of owners and use of property of all lands adjacent to the property
and block and lot numbers for all of the above.
(17)
All property lines, streets, roads, retaining
walls, rock outcrops, marsh areas, ponds and streams within 400 feet
of the property.
(18)
All entrances and exits to public streets, both
on the site and within 400 feet thereof.
(19)
Existing and proposed contours, referred to
United States Coast and Geodetic datum, with a contour interval of
not more than two feet for slopes less than 10%, and an interval of
five feet for slopes of 10% or more. Existing contours shall be indicated
by dashed lines and proposed contours by solid lines.
(20)
Proposed finished grade elevations at all corners
of existing and proposed buildings.
(21)
The proposed use of each building, the use of
each outdoor area, the floor space of each building, the total number
of parking spaces and the estimated maximum number of employees. If
the precise use of a building is unknown at the time of application,
an amended plan showing the proposed use shall be required prior to
issuance of certificate of occupancy.
(22)
The distances, measured along the right-of-way
lines of existing streets abutting the property, to the nearest intersections
with other streets.
(23)
Satisfactory evidence of conformance to the
performance standards set forth by this chapter, where such standards
are applicable. Such evidence may be submitted with any site plan
as a supplementary document.
(24)
All existing easements, deed restrictions, other
covenants and previous variances granted for the subject property.
(25)
Such other data as may be required by the approving
board for determination that the site plan is in accordance with the
standards of this chapter and all other applicable Township ordinances.
A.
All site plans shall be designed in accordance with the following standards and shall meet all requirements of this chapter, Chapter 630, Subdivision of Land, and all other applicable Township ordinances and shall conform to all particulars of the adopted Township Master Plan and Official Map.
(1)
Off-street parking.
(a)
The parking plan shall provide adequate access
to and egress from each parking space and shall provide for safe and
adequate circulation of pedestrians and vehicles. The width of all
aisles or driveways providing direct access to five or more individual
parking stalls shall be in accordance with the following requirements:
|
Parking Angle
(degrees)
|
Nineteen-Foot Stall Width
| |
|---|---|---|
|
0° (parallel parking)
|
12
| |
|
30°
|
11
| |
|
45°
|
13
| |
|
60°
|
18
| |
|
90° (perpendicular parking)
|
24
|
(b)
Where possible, only one-way traffic shall be
permitted in aisles or driveways providing direct access to spaces
placed at an angle of other than 90° to the aisles or driveway.
Any such aisle or driveway providing for two-way traffic shall be
at least 24 feet in width.
(c)
In all cases where there is sufficient space
on the site, parking intended for shoppers shall be angle parking,
at an angle of between 30° and 60°, to the access aisle. All
parking space shall be not less than 19 feet in length. All parking
spaces shall be at least nine feet in width. Handicapped parking shall
comply with the New Jersey Barrier Free Code.
(d)
Off-street parking areas shall be designed to
prevent the maneuvering of vehicles into or out of parking spaces
within any portion of an entrance driveway that is within 10 feet
of the right-of-way line of any street or within 20 feet of the right-of-way
line of any county road. Off-street parking areas shall be designed
so as to permit all vehicles to avoid the necessity of backing into
any street from the site.
(e)
No required off-street parking space, parking
access lane or maneuvering space shall be located within a proposed
street right-of-way as shown on the Nutley Master Plan or Official
Map or the Essex County Highway System Master Plan or Official Map.
(f)
Where an off-street parking plan for the site
in question is shown on the Nutley Master Plan, the approving board
shall require that the parking plan conform as closely as is practicable
to the Master Plan. Where immediate conformance is not practicable,
the approving board may require that the parking plan be adaptable
to future conformance to the Master Plan.
(g)
All parking lots of over 20,000 square feet
in area shall have at least 5% of the area within the parking lot
devoted to landscaping, including shade trees. Such areas shall be
not less than five feet in least dimension and shall be located between,
within or at the ends of parking rows. In addition, any parking lot
abutting a street or adjoining a residential use shall have buffering
along the affected property line to minimize headlight glare, noise
and to shield activities from adjacent properties. Buffering may consist
of evergreens, shrubs, bushes or deciduous trees, or combinations
thereof, to achieve the stated objectives. The use of low maintenance
native vegetation, which requires less fertilizer and watering, is
encouraged.
[Amended 7-5-2007 by Ord. No. 3014]
(2)
Off-street loading.
(a)
Off-street loading spaces shall be located so
as to cause the least practicable noise and aesthetic disturbance
to persons using neighboring properties. No loading space shall be
located so that a vehicle using the space will block the passage of
pedestrians or vehicles. Each loading space shall be located and designed
to permit any vehicle expected to use such space to maneuver from
a driveway into and out of such space without encroaching upon any
portion of an existing right-of-way or on any street right-of-way
proposed by the Nutley Master Plan or Official Map.
(b)
Any use expected to be served by any vehicle
more than 25 feet in length shall provide off-street loading spaces
at least 12 feet wide and as long as the longest vehicle expected
to serve such use. The site plan shall stipulate the type and length
of vehicle expected to serve the site.
(3)
Customer service areas. Any use such as a bank or
gasoline station that provides or expects to provide temporary stopping
space or maneuvering space for vehicles of patrons seeking service
from their cars shall show such space on the site plan. Such space
shall be located at least 10 feet back of any street line or any proposed
street line as shown by the Nutley Master Plan or Official Map or
the Essex County Master Plan or Official Map.
(4)
Driveways.
(a)
Driveway location.
[1]
All entrance and exit driveways shall be located
so as to afford maximum safety to and minimum disruption of traffic
on the street.
[2]
Where practicable, no part of any driveway entrance
or exit to a public street shall be closer to the intersection of
the center lines of two intersecting streets than a distance equal
to the right-of-way width of the wider of the intersecting streets.
Where the frontage of the lot is too narrow to permit the above distance,
the driveway shall be located as far from the intersection as possible.
[3]
Any driveway exiting onto a collector or arterial
street as defined by the Nutley Master Plan, except for driveways
serving three-family residences, shall be so designed in profile and
grading and so located as to permit adequate sight distance.
[4]
Where practicable, no part of any driveway may
be located within 10 feet of any side property line, except that the
approving board may permit a driveway serving two or more adjacent
sites to be located on or within 10 feet of a side property line.
Where a driveway to a parking lot for the site in question is shown
on the Nutley Master Plan, the approving board shall require that
such driveway be located on the site plan so as to conform as closely
as practicable to the Master Plan.
[5]
Wherever practicable, the approving board shall
require that a minimum clear distance of 25 feet measured along the
street right-of-way line shall separate the closest edges of any two
driveways.
(b)
Number of driveways. The number of driveways
provided from a site directly to any one street shall not exceed one
for a site frontage on such street of 100 feet or less and shall not
exceed two for a site frontage on such street of over 100 feet. Where
more than one driveway is permitted, the approving board shall require
that each driveway be designated as either an exit or an entrance
where such designation will facilitate vehicle and pedestrian movement
within the site without hindering traffic movement on the street.
In the case of gasoline service stations, the approving board shall
allow such additional driveways as will best provide for safe traffic
flow.
(c)
Driveway angles. Driveways used for two-way
operation shall intersect the street at an angle as near to 90°
as practicable and in no case less than 60°. Driveways used for
one-way operation with right turns only shall form an angle of not
smaller than 45° to the street.
(d)
Driveway and interior road dimensions. The dimensions
of entrance and exit driveways and interior roads shall be adequate
to accommodate the volume and character of vehicles anticipated to
be using the site, but not wider than necessary to accommodate the
expected traffic at a speed of 15 miles per hour. Where a driveway
is to serve a facility having less than 50 parking spaces, a depressed
curb driveway shall be used. If a driveway is to serve more than 50
parking spaces, curb returns of not less than 15 feet in radius may
be used. Any vertical curve on a driveway shall be flat enough to
prevent the dragging of any vehicle undercarriage. Driveway pavement
shall extend to the paved portion of the street with which it connects.
Pavement design within the street right-of-way shall meet the specifications
of the Township Engineer.
(5)
Interior roads. Interior roads shall be adequate in
number, grade, alignment and provision of visibility and shall furnish
safe and adequate circulation.
(6)
Sidewalks. Sidewalks shall connect the main entrance
of each building with the street or with the interior road giving
access to the building. Interior roads giving access to buildings
shall have a sidewalk on at least one side of such road. Each parking
area shall be provided with a sidewalk connecting the parking area
to the building entrance or entrances to be used by the employees,
general public or tenants using said parking area.
(7)
Construction. Construction of all parking areas intended
to be used by more than five cars, and of all roadways, driveways,
curbs, traffic barriers and sidewalks, shall be according to the specifications
established for these purposes by Township ordinance or by the Township
Engineer.
(8)
Signs.
(a)
Traffic signs. To facilitate the safe and efficient
movement of traffic into and out of a site, the approving board may
require the installation of specified directional, regulatory or advisory
signs or pavement markings at designated locations of the site or
on the right-of-way. Such signs shall be of a size, color and design
specified in accordance with the Uniform Manual on Traffic Control
Devices.
(b)
Advertising signs. Advertising, business or political signs
which revolve, move, flash or give the illusion of movement shall
be prohibited. Nothing in this section shall permit any sign prohibited
by this chapter or any other ordinance.
[Amended 5-5-2015 by Ord.
No. 3305]
(9)
Drainage.
(a)
Surface runoff. Provisions shall be made for
safe and adequate draining of the surface runoff waters in and from
the premises so that the flooding and erosion of the property of others
will be prevented. Calculations on which the design of drainage facilities
is based on shall be submitted with the site plan. Unless otherwise
provided by the Planning Board upon the advice of the Township Engineer,
drainage facilities at a minimum shall be designed on the basis of
a storm of one-hour duration using rainfall intensity of not less
that 2.6 inches per hour. The calculations must also provide a comparative
analysis as to the amount of stormwater leaving the site under preconstruction
and postconstruction conditions for the two-, twenty-, and one-hundred-year
storm events. Rainfall amounts for these storm events shall be based
upon information published by the New Jersey Department of Environmental
Protection or other governmental agency acceptable to the Township
Engineer. At a minimum, the comparative analysis shall demonstrate
that the peak runoff rate under postconstruction conditions will not
exceed the post runoff rate under postconstruction conditions.
[Amended 7-5-2007 by Ord. No. 3014]
(b)
Facilities in streets. Each development shall
be required to provide adequate drainage facilities along public streets.
Where runoff from the development requires enlargement, modification
or reconstruction of existing Township drainage structures, such development
shall pay the cost of such improvements.
(c)
Streams. When a development lies within a drainage
basin of 1/2 square mile or greater and an alteration or improvement
of watercourse is proposed by the site plan, evidence of submission
of the proposed alteration or improvement to the New Jersey Division
of Water Policy and Supply shall accompany the site plan application.
(10)
Water supply and sewage disposal. The proposed
water supply and sanitary sewage and waste disposal measures shall
be adequate and in accord with regulations of all bodies with jurisdiction
over such measures.
(11)
Utilities. Facilities shall be provided for
placing all utilities, including telephone and electric power lines
and cable television lines, underground.
(12)
Adverse effect on utilities. The proposed development
shall have no adverse effect on existing municipal utilities. Should
additional or improved municipal utilities be required to prevent
such adverse effect, the approving board shall forward its recommendation
regarding installation of the necessary improvements to the governing
body and shall not issue final site plan approval until the applicant
has entered into agreement with the governing body regarding installation,
or payment for installation, of such improvements.
(13)
Street improvements. Improvements to Township street and/or dedication of additional right-of-way may be required of the applicant if such is necessitated by the proposed development. Such improvements or dedications shall be in accordance with specifications set forth in Chapter 630, Subdivision of Land, of the Township of Nutley and the Nutley Master Plan.
(14)
Building design and layout. 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; impact on
surrounding development and contiguous and adjacent buildings and
lands; and environmental considerations.
(15)
Landscaping. Portions of all front, rear and
side yards which are not used for required driveways, sidewalks, off-street
parking or loading, accessory buildings or playground areas shall
be attractively planted with trees, shrubs, plants and grass lawns
or ground cover. Not more than 10% of such areas to be planted may
be covered with stones or pebbles of not less than one inch in diameter
in lieu of grass or ground cover. Existing trees of six-inch caliper
or over shall not be removed unless they are so located as to interfere
unduly with construction.
(16)
Shade trees. Each site plan with street frontage
totaling 50 feet or more shall show one or more shade trees in the
street right-of-way bordering the site. The applicant shall request
the Shade Tree Advisory Committee to plant such trees and shall reimburse
the Shade Tree Advisory Committee for the expense of such planting.
Such shade trees shall be located not further apart than 50 feet.
These requirements may be modified or eliminated in an individual
case by the Shade Tree Advisory Committee if that body deems the requirements
not practicable for a particular site. Wherever practical, existing
shade trees on the property and along the street shall be preserved.
(17)
Screening. In addition to screening required
by other sections of this chapter, the approving board shall require
screening in the following cases:
(a)
Outdoor storage, where permitted, shall be screened
so as to be shielded from public view and from view from adjacent
properties, insofar as practicable.
(b)
All parking areas for five or more vehicles
and all off-street loading areas in any district shall be screened
so as to be shielded from view from any lot in any R District adjacent
to or across a public street from the subject site.
(c)
Where metal fencing or walls of any kind are
necessary for security purposes, such fencing or walls shall not be
located in any required yard unless screened so as to be shielded
from public view and from adjacent lots in any R District, insofar
as practicable.
(d)
Required screening shall be at least the height
of the object being screened and shall consist of a solid evergreen
hedge or a landscaped redwood or cedar fence or a landscaped, decorative
masonry wall. The approving board may require a lower height in areas
where safety requires a lower screening. Screening shall be maintained
in a safe and sightly condition, and such maintenance shall be the
responsibility of the property owner. No screening over six feet in
height shall be permitted unless such screening is placed a clear
distance of one foot from the property line for each foot the height
of the screening exceeds six feet.
(18)
Buffer strips. Where any nonresidence use adjoins
a lot in any R District, a landscaped buffer strip at least six feet
in width adjoining the R District shall be provided.
(19)
Solid waste storage. Garbage, trash, refuse
and other solid waste shall be stored in covered containers. Such
containers shall be stored indoors or in an unroofed enclosure, the
walls of which shall be at least six feet high.
(20)
The approving board may require provisions of
such additional measures as it deems necessary to protect public areas
or neighboring properties from adverse effects of the proposed development
which would be harmful to health, safety, conservation of property
value and general welfare.
The applicant shall, prior to review of the
site plan, deposit with the Township of Nutley such sum as the Board
deems sufficient to defray the costs to the Board of referral to the
planning consultant or other expert consultant from which the Board
has requested and received technical advice in accordance with the
Township Escrow Ordinance.
In the event that an applicant obtains site
plan approval and thereafter applies for a certificate of occupancy
without having first completed the improvements required by the approved
site plan, the approving board, upon application, may authorize a
certificate of occupancy to be issued if the applicant first supplies
to the Township a performance guaranty with sufficient sureties, in
a form satisfactory to the board Attorney, in an amount sufficient
in the opinion of the Township Engineer and Construction Official
to ensure the completion of the improvement shown on the approved
site plan.
Preliminary and final site plan approval shall
confer upon the applicant the rights conferred in the Municipal Land
Use Law, Chapter 291, Laws of New Jersey 1975, N.J.S.A. 40:55D-49
through 40:55D-52.
The approving board may waive any submission
requirement for site plans or design standard above specified upon
a finding that such waiver does not endanger public health, safety
or welfare and provided further that the reasons for any such waiver
are included in the resolution of approval.
A.
Prior to the approval of any minor site plan by the
Planning Board, an application shall be filed in accordance with and
shall contain all data and information required in this chapter.
(1)
A minor site plan shall be considered by the Site
Plan Committee, which shall compile a report to be submitted to the
full Planning Board for decision.
(2)
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, provided that if a construction
permit or zoning permit is not issued for the approved minor site
plan within said two-year period, the approval of said minor site
plan shall become null and void.
(3)
If the application for a minor site plan is classified
as other than a minor site plan by the Site Plan Committee, the applicant
will be so notified, and the applicant will follow the procedures
contained herein for processing approval of a preliminary and final
plat site plan.
(4)
No site plan shall be processed as a minor site plan
under the terms of this section if any one of the following conditions
is present:
(5)
If the Planning Board or Site Plan Subcommittee finds
that the application for development conforms to the definition of
minor site plan, the Planning Board may waive notice and public hearing
for such application.
B.
Notice. All applicants for conventional site plan
approval shall be required to serve notice of the same in accordance
with the provisions of N.J.S.A. 40:55D-12a through g.
