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Borough of South River, NJ
Middlesex County
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Table of Contents
Table of Contents
Code
New Laws (91) Index
A. 
Subdivision review and approval shall be required for all subdivisions of land as defined in this Part 1. Site plan review and approval shall be required before significant development of land, or any new structure or use, change, addition or alteration in structure or use, construction of or addition to a parking lot or use of vacant land as a parking lot, change in use of any nonresidential use, or for any excavation, removal of soil or placement of fill, or any change of use or modification to site facilities of a commercial or industrial use or the further development of the site. No building permit shall be issued for any building or use or for the enlargement of any building or use and no excavation, removal of soil or placing of fill shall be permitted unless a site plan is first submitted and approved by the Board in accordance with this Part 1, and no certificate of occupancy shall be given unless all construction conforms to the approved plan, except that site plan approval shall not be required for one- and two-family dwellings or for permitted accessory uses incidental to single-family and two-family dwellings, unless the same require the extension of municipal facilities.
B. 
A change in the occupancy of a building or the utilization of a building or land which meets any of the following criteria shall be considered a "change of use" and shall require site plan approval:
(1) 
The proposed use requires more off-street parking or loading spaces than the previous use based upon parking/loading requirements in this Part 1.
(2) 
The proposed use has significantly different hours of operation than the previous use.
(3) 
The proposed use has special pickup and discharge or loading and unloading requirements which affect on-site circulation.
(4) 
The proposed use involves the storage or handling of chemicals or hazardous substances.
(5) 
The proposed use includes a change in intensity of exterior lighting.
(6) 
The proposed use will generate a volume of solid waste which will or should require additional refuse receptacles over what the previous use required.
C. 
All changes of occupancy which satisfy any of the above criteria shall require site plan approval prior to issuance of any required municipal permits or certificates of occupancy. No certificate of occupancy shall be issued unless all construction and development conforms to an approved site plan.
D. 
A signed affidavit stating that a proposed use does not meet any of the above criteria, and is a therefore a change of occupancy, not a "change of use," and should be exempt from site plan requirements, must be submitted to the Borough Zoning Officer prior to issuance of a certificate of occupancy. The Zoning Officer shall determine if the information provided in the signed affidavit is sufficient to grant the certificate of occupancy.
A. 
Site plan exemption. No site plan application and approval shall be required prior to the issuance of a building permit or a certificate of occupancy for any of the following types of development:
(1) 
Interior alterations, provided that no expansion of a nonconforming use results from same.
(2) 
Erection of placement of signage which is in conformance with the provisions of the Borough's Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 350, Zoning.
(3) 
Single-family and two-family dwellings and accessory structures to such uses unless the extension of municipal services is required.
(4) 
Changes in use in which said use is permitted and the required parking for said use is provided on the subject site in conformance with the Borough's Zoning Ordinance or where no increase in the parking requirements result from the proposed change in use.
A. 
Minor site plan. The following types of development shall be classified as a minor site plan:
(1) 
A development plan of one or more lots which proposes new development on less than five acres, does not involve planned development, or any new street or utility extension or any off-tract improvement.
(2) 
Additions to buildings or the construction of accessory buildings which would result in an increase of less than 10% to the existing gross floor area (GFA) of the building(s) on the lot, and further provided that the addition will not require an increase of greater than 10% to the existing number of parking spaces on site, and further provided that the proposed development must comply with all existing zoning requirements.
(3) 
Renovations or changes to exterior building facades, including window and door size and location changes, but excluding simple replacement of doors and windows with identical-sized fixtures or texture changes to the exterior building facade.
B. 
Major site plan. All development of property not considered to be exempt from site plan review or not classified as a minor site plan shall be classified as a major site plan, which shall be divided into preliminary and final stages of approval.
C. 
Exemptions. Interior alterations, facade resurfacing, routine window and roof replacement and all additions to lawful single- and two-family detached residential uses shall be exempt from this requirement.
A. 
Minor subdivision. The following types of development shall be classified as a minor subdivision:
(1) 
A subdivision of land that does not involve the creation of more than three lots, a planned development, and new streets or the extension of any off-tract improvement.
(2) 
Only one minor subdivision shall be permitted on one parcel of land during any three-year period.
B. 
Major subdivision. All development of property not considered to be exempt or not classified as a minor subdivision shall be classified as a major subdivision, which shall be divided into preliminary and final stages of approval. In addition, any proposed subdivision which would otherwise qualify as a minor subdivision shall be classified as a major subdivision if the subdivision under consideration represents a further subdivision of an original tract of land for which previous minor subdivision(s) has been approved by the Board within the past three years.
C. 
Exemption. In accordance with N.J.S.A. 40:55D-7, agricultural divisions, divisions of property by testament or intestate, court order, and conveyances by deed are exempt from subdivision approval.
Regulation of land development and the attachment of reasonable conditions to development applications are exercises of valid police powers delegated by the state to the Borough. The applicant shall comply with all reasonable conditions laid down by the approving board for design, dedication, improvements and the use of the land to conform to the physical development of the municipality and to the safety and general welfare of the future residents/owners in the development and the community at large, as well as all conditional use criteria listed in the applicable zoning ordinance.
A. 
In the course of subdivision and/or site plan review, the reviewing board shall consider, but not be limited to, such factors as the following:
(1) 
The adequacy of access, for fire and police protection and otherwise.
(2) 
The adequacy of provisions for drainage of surface waters and for waste disposal, including recycling.
(3) 
The protection of life and property from flood hazards.
(4) 
The adequacy of conservation and protection of soil from erosion caused by excavating or grading.
(5) 
Conformity with the standards of the Air Safety and Zoning Act of 1983[1] and the State Highway Access Management Act of 1989.[2]
[1]
Editor's Note: See N.J.S.A. 6:1-80 et seq.
[2]
Editor's Note: See N.J.S.A. 27:7-89 et seq.
(6) 
The adequacy of protection of potable water supplies.
(7) 
The impact of the proposed development upon the environment, with particular consideration for any type of pollution which may result.
(8) 
The location and the layout of accessory off-street parking and off-street loading spaces, the width and grading of all entrances and exits to such places, the location of such exits and entrances, the traffic flow, together with:
(a) 
The distance from the street intersections;
(b) 
The likelihood of left-hand turns and other turning movements; and
(c) 
The anticipated traffic generation on and through roadways within the Borough.
(9) 
The arrangements for safe and convenient pedestrian circulation, on the site and on its approaches.
(10) 
The impact of the proposed layout upon the surrounding area, and particularly upon any nearby residences, including, but not limited to:
(a) 
The location and height of buildings and the extent of their shadows;
(b) 
The location, intensity and directions of any outdoor lighting and the proposed times of its use;
(c) 
The location of any overhead power lines;
(d) 
The likelihood of any other nuisances; and
(e) 
Whether appropriate and adequate screening is provided.
(11) 
The size, location and type of any signs, and their appropriateness in the area involved.
(12) 
The arrangements of any outdoor display or storage and how same may impact upon the surrounding area and/or major transportation corridors traversing the Borough.
(13) 
The proposed landscaping and its appropriateness in the area involved. Preservation of all substantial trees over four inches' caliper is to be encouraged to the maximum extent possible.
(14) 
The arrangements of buildings, structures and open space on the site.
(15) 
The appropriateness of the proposed location of all infrastructure and utilities.
(16) 
Compatibility with adjacent uses and the adequacy of any proposed buffering and screening methods.
B. 
In its review, where practical, the approving board shall encourage creative design of the site to provide an environmentally sound development and to encourage the conservation of energy resources.
C. 
Where County Planning Board review or approval is required on a subdivision or site plan, the approving board shall condition any approval it grants upon either timely receipt of a favorable report by the County Planning Board or approved by the County Planning Board due to its failure to submit a report within the required time period. If the county's report is negative or attaches conditions, the original action by the municipal approving board may be null and void, and a new resolution may be adopted which considers the County Planning Board's report.
The approving board, when acting upon applications for subdivision or site plan approval, shall have the power to grant such exceptions from the design and performance standards of this Part 1 as may be reasonable and within the general purpose and intent of the provisions for subdivision or site plan review and approval if the literal enforcement of one or more provisions of this Part 1 is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
In the performance of review of any development application, the approving board may waive requirements of plat preparation and standard improvement specifications for any site plan or subdivision based on the particular conditions associated with a tract of land. Such waiver of requirements shall not apply to fees, performance or maintenance guarantees, inspections, or any development regulation in the zoning ordinance requiring a variance or conditional use approval.
A. 
At the request of an applicant, the Planning Board/Zoning Board shall grant a concept review or informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development.
B. 
The purpose of the concept plan is to provide Board input in the formative stages of subdivision or site plan design.
C. 
Applicants seeking concept plan informal review shall submit the items stipulated in this section 20 days before the concept plan meeting. These items provide the applicant and the Board with an opportunity to discuss the development proposal in its formative stages. No formal action shall be taken by a Board hearing a concept review.