This chapter shall be known and may be cited
and referred to as the "Site Plan Review Ordinance of the Borough
of Northvale."
The purpose of this chapter is to exercise to
the fullest extent the powers granted to the borough to manage land
use through site plan review to the fullest extent permitted by the
Municipal Land Use Law and the Constitutions of the United States
and the State of New Jersey and to generally exercise the police power.
To that end, without limiting the foregoing, the stated purpose of
this chapter is the same as the Municipal Land Use Law and, in particular,
N.J.S.A. 40:55D-2.
[Amended 12-10-1995 by Ord. No. 693-95]
A. In each case where an application for a zoning or
building permit is made, a site plan, drawn to scale of not smaller
than one inch equals 50 feet and showing the following in information
shall be submitted (no fewer than 10 copies) with the application.
(1) All lot line dimensions, elevations and contours,
five-foot intervals on ten-percent slopes and two-foot intervals on
lesser slopes.
(2) Building setback, side line and rear yard distances.
(3) The location of all buildings.
(4) The location of off-street parking areas with dimensions
showing parking spaces, loading docks, access drives, traffic circulation
and location and description of any lighting in connection with the
parking area.
(5) The location and description of all proposed lighting
and signs.
(6) The type of surface paving, curbing, sidewalks, storm
drainage facilities, water mains and sanitary sewer lines.
(7) All landscaping, fences, walls or similar facilities
and the location of all shade trees to be provided in accordance with
the Northvale Code.
(8) The location of all structures within 200 feet of
the property lines.
(9) The front elevation of all buildings.
(10)
The proposed use of the site.
(11)
The location, size and nature of all existing
and proposed rights-of-way, easements, community areas, buffer zones
and other encumbrances which may affect the lot or lots in question
and the location size and description of any lands to be conveyed
to the Borough of Northvale. There shall also be submitted a copy
of any covenants or deed restrictions that are intended to cover all
or any part of the tract.
(12)
The location of all fire hydrants and potable
water systems, existing and proposed.
(13)
The name, title and address of the applicant
and the owner and the name, title and address of the person preparing
the plan or maps and appropriate seals of the professionals participating
in the preparation of the same. Maps shall include a place for the
signatures of the Chairman and Secretary of the approving authority,
as well as a place for the signature and seal of the Borough Engineer
of the Borough of Northvale. The Municipal Tax Map lot and block numbers
of the lot or lots, tax sheet number and key location map for all
properties shall be on the map or plan. The map shall include all
dates of preparation and revised dates, as the case may be.
(14)
Indication of proposed traffic access and ways
showing alignment and visibility and safety consideration.
(15)
A description of the structure or structures,
including the architect's rendering and a description of all facing
materials to be used. All facing materials shall be brick, stone or
other material approved by the approving authority.
(16)
The location and width of proposed driveways
and curb cuts.
(17)
A parking layout showing the number of stalls
in each block.
(18)
Architectural plans illustrating the existing
and proposed floor plans and existing and proposed building elevations.
A list of the proposed exterior materials and proposed exterior material
colors.
[Added 11-10-2020 by Ord. No. 1025-2020]
(19)
Such other information and data as may be required by the approving
authority in order to determine that the details of the site plan
are in accord with the standards of the zoning ordinances and other
ordinances of the Borough of Northvale and, further, that the building
or use will not be detrimental to the public interest.
[Amended 11-10-2020 by Ord. No. 1025-2020]
B. The following applications shall not require a site
plan:
(1) A one-family residence, or an accessory use thereof.
(2) Repairs or improvements which do not change the exterior
dimensions of the structure or accessory use thereof.
[Added 4-10-1985 by Ord. No. 530-85]
The developer may elect to submit a separate application requesting approval of a variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of Chapter
200, Zoning.
[Amended 11-10-1987 by Ord. No. 583-87]
A. In order to assure compliance with this chapter, all
business and industrial property owners will deliver to the Mayor
and Council a permanent maintenance guaranty in an amount not to exceed
1% of the assessed value of the real property at the time of application,
to a maximum of $25,000
B. Before a recording of or as a condition of final site
plan approval or as a condition to the granting of a zoning permit
pursuant to N.J.S.A. 40:55D-65, the municipal agency 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 permanent maintenance guaranty in an amount not to
exceed 1% of the assessed value of the subject property at the time
of application to a maximum of $25,000.
C. For the purposes of this section, "assessed value"
shall mean a predetermined valuation of the subject real estate, including
a valuation of the estimated cost of the proposed construction/renovation
to any existing structure as if it were completed in conformance with
the subject site plan.
D. Should the funds represented by the bond be attached
or otherwise depleted by the borough to cover expenses it has incurred
in fulfilling the property owner's obligation to maintain the subject
property, the property owner or obligor must then restore the full
value of the bond to the amount of 1% of the assessed value of the
subject property at the time of application. Any such deficiency may
also be restored to the borough by a lien on the subject property,
if necessary.
E. The amount of performance guaranty may be reduced
by the governing body, by resolution, when portions of the maintenance
and upkeep of the improvements have been certified by the Construction
Code Official or the Superintendent of the Department of Public Works
to have been completed. The time allowed for the maintenance and upkeep
of the improvements for which the performance guaranty has been provided
may be extended by said body by resolution.
F. When all of the required maintenance and upkeep of
the improvements have been completed, the obligor shall notify the
governing body, in writing, by certified mail addressed in care of
the Borough Clerk, of the completion of said maintenance and upkeep
on the improvements and shall send a copy thereof to the Construction
Code Official or the Superintendent of the Department of Public Works.
Thereupon, the Construction Code Official or the Superintendent of
the Department of Public Works shall inspect all of the maintenance
and upkeep of the improvements and shall file a detailed report, in
writing, with the governing body, indicating either approval, partial
approval or rejection of the maintenance and upkeep of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the value of the maintenance and upkeep of the improvements
rejected shall be set forth.
G. The governing body shall either approve or reject
the maintenance and upkeep of the improvements on the basis of the
reports of the Construction Code Official or the Superintendent of
the Department of Public Works and shall notify the obligor, in writing,
by certified mail, of the contents of said report and the action of
said municipal agency with relation thereto, not later than 65 days
after receipt of the notice from the obligor of the maintenance and
upkeep of the improvements. Where partial approval is granted, the
obligor shall be released from all liability pursuant to its performance
guaranty, except for the portion adequately sufficient to secure provisions
of the maintenance and upkeep 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 maintenance and upkeep of the improvements, and the obligor
and surety, if any, shall be released from all liability, pursuant
to such performance guaranty.
H. If any portion of the required maintenance and upkeep
of the improvements are rejected, the municipal agency may require
the obligor to complete such maintenance and upkeep of the improvements,
and upon completion, the same procedure of notification as set forth
in this section shall be followed.
I. Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
of the Construction Code Official or the Superintendent of the Department
of Public Works.
J. In the event that final approval is by stages or section
of development pursuant to N.J.S.A. 40:55D-38, the provisions of this
subsection shall be applied by stage or section.
K. Inspection by the borough of the maintenance and upkeep
of improvements and utilities by the site plan applicant shall not
operate to subject the borough to liability for claims, suits or liability
of any kind that may at any time arise because of defects or negligence
during the construction or any time thereafter, it being recognized
that the responsibility to maintain safe conditions at all times during
construction and to provide proper utilities and improvements is upon
the site plan applicant and his contractors, if any.
L. The obligor shall reimburse the borough for all reasonable
inspection fees paid to the Construction Code Official or the Superintendent
of the Department of Public Works for the foregoing inspection of
the maintenance and upkeep of the improvements.
The Chairman of the approving authority may
appoint a Site Plan Committee consisting of three members, which Committee
shall review all site plans and by majority vote recommend a procedure
to be followed by the approving authority in its review.
This chapter shall be enforced by the Zoning Officer of the Borough of Northvale, and all violations and penalties thereof shall be governed in accordance with Chapter
200, Zoning, §
200-23, of the Northvale Code.