Borough of Demarest, NJ Article I Site Plan Review

§ 153-1 Purposes.

This article is adopted pursuant to the Municipal Land Use Law, as amended and supplemented,[1] in order to establish rules, regulations, standards and procedures for approval of all development other than single- or two-family dwellings or uses accessory thereto in order to:

A. Preserve existing natural resources and give proper consideration to the physical constraints of the land.

B. Provide for safe and efficient vehicular and pedestrian circulation.

C. Provide for screening, landscaping, signing and lighting.

D. Ensure efficient, safe and aesthetic land development.

E. Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements and minimum adverse effects on surrounding property.

F. Develop proper safeguards to minimize the impact on the environment, including but not limited to soil erosion and sedimentation and air and water pollution.

G. Ensure the provision of adequate water supply, drainage and stormwater management, sanitary facilities and other utilities and services.

H. Provide for recreation, open space and public use areas.

I. Promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste.

[Added 4-16-1990 by Ord. No. 682]

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

§ 153-2 Approving authority.

A. Planning Board. The provisions of this Article I shall be administered by the Planning Board of the Borough of Demarest, except as noted below.

B. Board of Adjustment. The provisions of this Article I shall be administered by the Board of Adjustment in applications before the Board of Adjustment involving variances pursuant to N.J.S.A. 40:55D-70d.

§ 153-3 General provisions.

A. Application requirements.

(1) Site plan review and approval by the Planning Board or, when applicable, by the Board of Adjustment 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 Planning Board, and no certificate of occupancy shall be given unless all construction and development conforms to the plans as approved by the Planning Board.

(2) 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 for developments of more than two lots.

B. Exceptions from site plan requirements. In any case where site plan review is required under the provisions of this chapter, an applicant may apply for an exception from site plan requirements. The Planning Board or, where applicable, the Board of Adjustment may grant exceptions from the requirements of this Article I if the proposed development:

(1) Secures previous site plan approval under the terms of this Article I;

(2) Involves normal maintenance or replacement such as a new roof, painting, new siding or similar activity; or

(3) Does not affect existing circulation, drainage, building arrangements, landscaping, buffering, lighting and other considerations of site plan review.

C. Period of approval extended. In the event that, during the period of approval heretofore or hereafter granted to an application for site plan approval, the applicant is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the applicant is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this Article I shall be suspended for the period of time said legal action is pending or such directive or order is in effect.

D. Conditional approvals.

(1) In the event that an applicant submits an application for site plan approval proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Planning Board shall process such application in accordance with this Article I, and, if such application complies with all Borough regulations, the Planning Board shall approve such application conditioned on removal of such legal barrier to development.

(2) In the event that development proposed by an application for site plan approval requires an approval by a governmental agency other than the Planning Board, the Planning Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency. The Planning Board shall make a decision on any application for site plan approval within the time period provided in this Article I or within an extension of such period as has been agreed to by the applicant unless the Planning Board is prevented or relieved from so acting by the operation of law.

E. Reservation of public areas. If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood-control basins or public areas within the proposed development, before approving a site plan, the Planning Board may further require that such streets, ways, basins or areas be shown on the plan in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plan for a period of one year after the approval of the final plan or within such further time as may be agreed to by the applicant. Unless during such period or extension thereof the Borough shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the applicant shall not be bound by such reservations shown on the plan and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to the streets and roads, flood-control basins or public drainageways necessitated by the land development and required for final approval. The applicant shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instances, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include but not be limited to consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The applicant shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining site plan approval caused by the reservation.

F. Simultaneous review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the applicant's being required to make further application to the Planning Board or the Planning Board's being required to hold further hearings. The longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply whenever approval of a conditional use is requested by the applicant pursuant to this subsection; notice of the hearing on the plat shall include reference to the request for such conditional use.

§ 153-4 Performance standards.

No site plan shall be approved by the Planning Board unless the use conforms to the specific provisions of this chapter and meets the performance standards set forth herein and such county, state or federal standards as may be more stringent than those set forth herein. Failure to comply with the performance standards at any time after the issuance of a certificate of occupancy shall be cause for revocation of such certificate. In reviewing any site plan, the Planning Board shall consider:

A. Circulation.

(1) 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, movement of people, goods and vehicles from access roads, within the site, between buildings and between buildings and vehicles.

(2) The Planning Board shall ensure that all 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 to and egress from the site.

B. Site design and building layout. The site 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. Building designs shall resemble the residential design commonly prevalent throughout the Borough with regard to exterior finishes, roof slopes, entranceways and pedestrian approaches.

C. Lighting. Adequate fighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be a type approved by the Planning Board. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.

D. Buffering. 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.

E. Landscaping. 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.

F. Signs. 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. All signs shall conform to applicable standards contained in Chapter 175, Zoning.

G. Utilities. Storm drainage, sanitary waste disposal, water supply and solid waste collection and 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.

H. Environmental considerations. The proposed development shall seek to minimize negative impacts to the natural and man-made environment, including wetlands, areas prone to flooding, stream corridors, steep slopes, surface and groundwater systems, significant stands of vegetation, wildlife, historical structures and sites, existing structures, neighborhood character and the fiscal stability of the community.

[Amended 4-16-1990 by Ord. No. 682; 4-15-1996 by Ord. No. 774]

I. Street furniture. The site plan shall provide for those elements of street furniture appropriate to the particular use. These may include phone booths, benches, bike racks, trash receptacles, bus shelters, etc.

J. Compliance with other laws. There will be compliance with all other laws, ordinances and municipal regulations, including the purposes of the Municipal Land Use Law.[1]

[Added 4-15-1996 by Ord. No. 774]

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

§ 153-5 Design details.

A. Purpose of design details. The purpose of the design details set forth in this section is to implement general standards established in § 153-4. The Planning Board may, for good and sufficient reason, vary these design standards and details as they may apply to a specific site plan application. Unless otherwise specified, standards for street design shall be those specified in the subdivision regulations.[1]

[1] Editor's Note: See Art. II, Subdivision Review, of this chapter.

B. Any site plan presented to the Planning Board shall be drawn at a scale not smaller than one inch equals 50 feet and not larger than one inch equals 20 feet, except that plans for land developments that will occupy sites of more than 40 acres may be drawn at a scale of one inch equals 100 feet. The size of all maps and plans of any proposed land development shall be consistent with the sizes permitted under Chapter 217 of the Laws of 2011, known as the "New Jersey Map Filing Act," N.J.S.A. 46:26B-1 et seq.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. All site plans shall include and show the following information:

(1) The site plans shall be prepared by a professional engineer licensed in the State of New Jersey and shall be duly signed and sealed. Said site plan shall be certified as to accuracy of everything represented thereon.

(2) Places for signatures of the Chairman and Secretary of the Planning Board and Mayor and Borough Clerk, and County Planning Board, where applicable.

(3) A place for the signature of the Borough Engineer.

(4) The name and address of the applicant and the owner and the name and address and title of the person preparing the plan, maps and accompanying data.

(5) The name of the development, the Municipal Tax Map sheet numbers, and the block and lot numbers or lots included in the site plan.

(6) Date, scale and North arrow.

(7) The zone district in which the site in question is located and the zone district or districts of all immediately adjoining properties.

(8) Topographical details, as follows:

(a) Topography of existing grades and proposed grades with contour intervals not exceeding five feet in elevations except at two-foot intervals where the grade is less than 10%. All contour lines shall be referenced to the New Jersey Geodetic Control Survey Datum.

(b) Topography of existing and proposed grades within 200 feet of the site when there will be a modification of existing grades and contours or a material change in the existing drainage.

(9) All existing and proposed setback dimensions, landscaped areas, trees and fencing; and the size and type of existing and proposed plantings upon the site.

(10) All existing and proposed signs and lighting standards, utility poles and their size, type construction and location on the site.

(11) The existing and proposed principal building and all accessory structures, if any, with dimensions showing present and finished grade elevations at all corners and entrances of said structures, and the floor plans thereof, including the number of square feet to be occupied by the existing and proposed buildings.

(12) Complete building elevation drawings of any proposed structure or structures and any proposed appurtenances to be placed on any structure on the ground.

(13) The location, type and size of existing and proposed catch basins, 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-ground. The location of easements to accommodate all of the foregoing shall be clearly indicated on the plan.

(14) The location, type and size of all existing and proposed curbs, sidewalks, driveways, fences, retaining walls, parking space areas, and the layouts thereof, and all off-street loading areas, together with all the dimensions of all the following:

(a) Adjacent roadways, curbs, curb cuts, and driveway entrances or exits within 100 feet of both sides of the lot and across the street.

(b) Sidewalk areas with dimensions and construction cross sections, including location of existing or proposed street trees.

(c) Type of paving and construction cross sections for parking, aisles and driveways, curbing, walkways, exterior stairways and railings.

(15) The number and type of proposed uses to occupy the building.

(16) The number of units and the number of tenants, employees or occupants of each unit.

(17) Water use and connections and details of any specific fire protection connection systems.

(18) Plans and computations showing existing and proposed sewerage facilities serving the site, including the following:

(a) The location, size and slope of all sanitary sewer lines, pumping stations and connections to existing facilities.

(b) The location of any proposed sanitary sewage treatment plants, together with evidence of submission of plans to the appropriate governmental agencies and the Borough Engineer.

(c) The volume and content of sewage and waste to be produced.

(19) The location, size and nature of all existing and proposed rights-of-way, easements, deed restrictions and other encumbrances which may affect the site in question and the location, size and description of any lands contemplated to be dedicated to the Borough of Demarest or to the County of Bergen.

(20) The location, size, to the nearest tenth of an acre, and nature of the entire plot or tract in question and any contiguous plot or tract owned by the applicant or in which the applicant has a direct or indirect interest, even though only a portion of the entire properties involved in the site plan for which approval is sought; provided, however, that if it is physically impossible to show the entire plot or tract or contiguous plot or tract on one map, a key map thereof shall be submitted.

(21) The location, names and widths of all existing and proposed streets, including cross sections and profiles, abutting the site in question and within 100 feet of said site. The typical cross section of streets shall clearly indicate the type and width of pavement and the location of curbs, sidewalks and shade tree planting areas.

(22) The property lines of all abutting properties and properties within a distance of 300 feet, together with the names and addresses of the owners as disclosed on the latest Tax Maps of the Borough of Demarest as of the date of the site plan applications.

(23) A recycling plan as follows:

[Amended 4-16-1990 by Ord. No. 682]

(a) When any development proposal is for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing, the developer shall be required to submit a recycling plan as part of the developer's application to the Planning Board. The plan shall include, at the minimum:

[1] The types of recyclable materials to be included in the recycling plan, which shall include those recyclable materials designated in § 189-152A and any additional recyclable materials proposed by the developer.

[2] Each individual unit of a multifamily residential unit or single-family residential housing unit shall be designated to accommodate a one-cubic-yard storage area for the accumulation of one week's worth of all recyclable material. The location and type of the storage area shall be determined by the developer and approved by the Demarest Recycling Coordinator prior to submission to the Planning Board.

[3] Multifamily dwelling units shall also have storage space or spaces designed to accommodate the recyclable materials generated by all of the units in the multifamily residential housing complex. The multiunit storage area will be determined by the developer and approved by the Demarest Recycling Coordinator prior to submission to the Planning Board. The amount of storage space required shall be determined by using Charts I and II below. Chart I provides weekly recovery levels for recyclables per unit. Chart II converts weekly recovery levels to cubic yards.

Chart I Recyclable Materials: Weekly Recovery Levels
Material	Recovery Level (pounds per unit per week)
Newspaper	3.0
Glass containers	0.8
Steel cans	0.2
Aluminum cans	0.1
PET soda bottles	0.1
HDPE milk jugs	0.1

Chart II Converting Weight to Volume
Material	Volume (pounds per cubic yard)
Newspaper	500
Glass	600
Steel cans	160
Aluminum cans	60
PET bottles	30
HDPE bottles	25

[4] The collection of recyclables from a single-unit storage area to a multiunit storage area shall be determined by the developer and approved by the Demarest Recycling Coordinator.

[5] The collecting of recyclable materials from the multiunit storage area shall be provided for by the Borough of Demarest.

(b) When a commercial, industrial or institutional development (i.e., nonresidential development) proposes the utilization of 1,000 square feet or more of land, the developer shall submit a recycling plan along with his application to the Planning Board. Materials to be collected shall depend upon the type of services to be provided by the commercial, industrial or institutional establishment and the amount of storage space required for the accumulation of recyclable materials from said commercial, industrial or institutional establishment. Materials to be collected shall be as recommended and approved by the Recycling Coordinator and approved by the Planning Board, taking into consideration the function of the establishment, the material specification of the markets being utilized and the type of recyclable material generated therein.

(c) No site plan shall be approved by the Planning Board without the submission to the Planning Board of a recycling plan approved by the Demarest Recycling Coordinator.

(d) All recycling material storage areas must meet all local building and fire codes.[2]

[2] Editor's Note: See Ch. 84, Construction Codes, Uniform and Ch. 98, Fire Prevention.

(24) Any and whatever information and data necessary to meet any of the requirements of this chapter not listed above.

[Added 4-16-1990 by Ord. No. 682]

(25) The proposed route to be followed in accessing the land, which route shall use municipal residential streets as little as possible and, where municipal streets must be used, follows the shortest route through said municipal residential streets. Routes should to the greatest extent possible traverse primary streets before collector streets and collector streets before minor streets as those terms are defined in § 153-13.

[Added 2-18-1992 by Ord. No. 713]

§ 153-6 Approval procedure.

A. General intent. All site plans shall be reviewed except as noted herein in two stages: preliminary and final. It is the objective of this two-stage process to enable the Planning Board and applicant to arrive at a suitable design as early and as economically as possible. The most intensive review shall take place at the preliminary stage.

B. Site plan detail requirements for all stages.

(1) Map details. All maps or other documents submitted for site plan review shall contain the following:

(a) Title and location of the property.

(b) Name and address of landowner and applicant. If a corporation is the landowner or applicant, the principal offices and names of the president and secretary shall be included.

(c) Name, address and professional license number and seal of the professional preparing the documents and drawings. All plans shall be prepared, signed and sealed by a licensed professional engineer or architect.

(d) Places for signatures of the Chairman and Secretary of the Planning Board.

(e) Date of the plan and any modifications thereto.

(f) The following legends shall be on the site plan map:

1.	SITE PLAN OF
	LOT _______________ BLOCK _______________ ZONE
	DATE ____________________ SCALE
	APPLICANT
	ADDRESS
2.	I CONSENT TO THE FILING OF THIS SITE PLAN WITH THE PLANNING BOARD OF (Owner) ____________________________ (Date)
3.	I HEREBY CERTIFY THAT I HAVE PREPARED THIS SITE PLAN AND THAT ALL DIMENSIONS AND INFORMATION ARE CORRECT. (Name) ____________________ (Title and License No.)
4.	I HAVE REVIEWED THIS SITE PLAN AND CERTIFY THAT IT MEETS ALL CODES AND ORDINANCES UNDER MY JURISDICTION. (Date) _______________ (Borough Engineer)
5.	TO BE SIGNED BEFORE ISSUANCE OF A BUILDING PERMIT: I HEREBY CERTIFY THAT ALL THE REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR A BOND POSTED IN COMPLIANCE WITH ALL APPLICABLE CODES AND ORDINANCES. (If improvements installed) (Borough Engineer) ________________________ (Date)
	(If bond posted) (Borough Clerk) __________________________ (Date)
	Building permit issued _____________________ (Date)
6.	APPROVED BY THE PLANNING BOARD. (Preliminary) ___________________________ (Final) (Chairman) ____________________________ (Date)

(2) Other information. The Planning Board may require other information and data for specific site plans. These data may include but are not limited to geologic information, water yields, flood data, environmental information, traffic counts, road capacities, market information, and similar material.

(3) Compliance with other ordinances. Information and documents required for other Borough codes and ordinances, such as environmental impact statements, soil erosion and sedimentation plans and stormwater management plans, shall be submitted as part of site plan approval and may be used to comply with site plan submission requirements for particular stages as applicable.

(4) Submittal and classification procedure.

(a) The applicant shall submit sufficient copies of all required exhibits as set forth under the appropriate site plan review stage of this section, together with an application form and all applicable fees to the Secretary of the Planning Board. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee. Unless the applicant is informed by regular mail by the Secretary of the Planning Board within 45 days of the actual submission of the application that it is incomplete, said application shall be deemed complete as of such 45th day after submission. The Secretary of the Planning Board shall forward, upon receipt, one copy each of an application to the Zoning Officer and Borough Engineer for their determination as stipulated in § 153-6B(4)(b) and (c) as may be appropriate. Both the Zoning Officer and the Borough Engineer shall report back to the Planning Board Secretary within 14 days of receipt whether the application is complete or noting items omitted or ordinances violated for forwarding to the applicant. If the application is complete, the Planning Board Secretary shall distribute copies as stipulated within this chapter for the appropriate site plan review stage.

(b) Upon receipt of an application, the Zoning Officer and Borough Engineer shall review all documents for completeness and compliance with detailed requirements for submission as stipulated under the appropriate site plan review stage of this chapter as well as their compliance with applicable codes and ordinances.

(c) The Zoning Officer shall also determine whether the Planning Board or Zoning Board of Adjustment has approval jurisdiction on the application. The Zoning Officer may confer with the Borough Attorney in making its determination.

C. Preliminary plan.

(1) Objectives of review. The preliminary plan shall be reviewed to determine the acceptability of the detailed design concept and shall be in sufficient detail to enable the Planning Board to ascertain compliance with the performance standards and other standards of this chapter.

(2) Application. Three or more copies of the preliminary plan, an application in a form approved by the Planning Board and the requisite fee shall be delivered to the Planning Board Secretary, through the office of the Borough Clerk.

(3) Preliminary plan details. The preliminary site plan shall contain the following unless it is determined in a preliminary discussion with the Planning Board that any of these items are not necessary:

(a) Locator map at a scale of one inch equals 200 feet, or larger scale, showing the lot and block number of the parcel in question and the lot and block numbers of adjacent and opposite properties. This map should also show any contiguous lot in which the applicant has any direct or indirect interest, and the nature of the applicant's interest.

(b) Photographs of the property where necessary to show any unusual topographic, environmental or physical aspect of the site. This would include but not be limited to rock outcroppings, vegetation, natural drainageways, wetlands and existing structures and improvements.

(c) A preliminary plan at a scale of one inch equals 50 feet or larger scale, and any supplemental plans that are necessary to properly depict the project. In the case of a complex project, a scale other than one inch equals 50 feet may be submitted, provided that one copy of a photo mechanical reduction to a scale of one inch equals 50 feet is submitted. The preliminary plan shall show at least the following information:

[1] North arrow, scale, graphic scale, date and noted and dated revisions.

[2] The zoning district in which the parcel is located together with the district boundaries included within the boundaries of the parcel or within 200 feet therefrom. All setback lines, landscape strips, landscape buffers, building height and other bulk requirements shall be shown and dimensioned. Any deviation from requirements of this chapter shall be specifically shown.

[3] Survey map, prepared by a licensed surveyor of New Jersey, showing boundaries of the properties, lines of all existing streets and roads, easements, rights-of-way and areas dedicated to public use within 200 feet of the development. These shall be dimensioned and, where applicable, referenced as to direction.

[4] Reference to any existing or proposed deed restrictions or exceptions concerning all or any portion of the parcel. A copy of such covenants, deed restrictions or exceptions shall be submitted with the application.

[5] The existing and proposed contours, referred to United States Coast and Geodetic Survey Datum, at a contour interval of not less than two feet. Existing contours are to be indicated by dashed lines, and proposed contours are to be indicated by solid lines. The location of existing rock outcroppings, high points, watercourses and drainageways, depressions, ponds, marshes, vegetation, wooded areas and other significant existing features, including previous flood elevations of watercourses, bonds and areas as determined by survey, shall be shown. Trees of six inches or over in caliper shall be specifically located and identified. Any proposed change of such natural features shall be specifically noted.

[6] The location, size, elevation, slope and type of storm drainage structures and other utility structures, above and below grade, whether publicly or privately owned. A design calculation supporting the adequacy of proposed drainage structures and/or surface drainage shall be submitted.

[7] The location of all existing buildings, bridges, culverts, paving, lighting, signs or any other structures with grade elevations for each structure.

[8] The distance measured along the right-of-way lines of existing streets abutting the property, to the nearest intersection with other streets.

[9] The proposed use or uses of the land, buildings and structures.

[10] The quantitative aspects of the proposal, such as improvement coverage, number of units, square feet of construction, value of construction, density, coverage, number of employees, number of residents and area of land, etc.

[11] The proposed buildings and structures and any existing structures to remain, with dimensions, setbacks, heights (in feet and stories), and first floor or grade elevations. Existing buildings and structures to be removed shall be indicated.

[12] The location and designs of any off-street parking areas, service, trash or loading areas, showing size and location of bays, aisles, barriers, planters, maneuvering areas and traffic patterns.

[13] The means of vehicular access for ingress to and egress from the site, showing the proposed traffic channels, lanes and any other structure or device intended to control traffic.

[14] The location, design and size of any on- or off-site pedestrian parks and bicycle pathways, open space, common open space, plazas and recreation areas or any other public use areas.

[15] The location and design of all proposed utility structures and lines, stormwater drainage on-site and off-tract, as well as telephone, power and light, water hydrant locations, sewer, gas, whether publicly or privately owned, with manholes, inlets, pipe sizes, grades, inverts and directions of flow.

[16] The location and design of the proposed screening, landscaping and planting, including a planting plan and schedule of plant materials.

[17] The location of all outdoor lighting (freestanding or on building), the size, nature of construction, lumens, heights, area and direction of illumination, footcandles produced, as well as time controls proposed for outdoor lighting and display.

[18] The location and design of all signs, the size, nature of construction, height and orientation, including all identification signs, traffic and directional signs and arrows, freestanding and facade signs and time control for sign lighting.

[19] The location and size of all proposed easements, rights-of-way, public areas to be dedicated to the public or to be restricted or defined by deed or any other arrangement.

[20] Where applicable, the method by which any common or public open space or commonly held building or structure is to be owned and maintained.

[21] The location and design of all recycling material storage areas.

[Amended 4-16-1990 by Ord. No. 682]

[22] Where warranted, such other material deemed necessary by the Planning Board to evaluate the physical, fiscal or socioeconomic impact of the proposed development upon the Borough of Demarest.

[Added 4-16-1990 by Ord. No. 682]

[23] The route to be used in accessing the land. The Mayor and Council may not refuse a permit because of the route recommended by the applicant but may, in its discretion and upon the advice of the Superintendent of Public Works or Chief of Police or their respective designees, designate a route different from the route listed in the application, which different route the applicant must follow as a condition of the permit approval.

[Added 2-18-1992 by Ord. No. 713]

(4) Preliminary plan review. If a preliminary site plan application is found to be incomplete, the applicant shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the submission of such application or it shall be deemed to be properly submitted. Within 45 days of the submission to the Planning Board Secretary of a complete site plan application for 10 acres of land or less, and 10 dwelling units or less, or within 95 days of submission of a complete application for a site plan of more than 10 acres, or more than 10 dwelling units, or within such further time as may be agreed upon by the applicant, the Planning Board shall act upon the application.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(a) Upon receipt of a complete application, the Planning Board Secretary shall submit one copy to each member of the Planning Board and one copy of the application to the following professionals and boards:

[1] The Borough Engineer.

[2] The Borough Planning Consultant (if one is retained).

[3] The Borough Board of Health.

[4] The Borough Recreation Committee.

[5] The Borough Chief of Police.

[6] The Bergen County Planning Board and, where applicable, the State Department of Transportation.

[7] Such other boards or professionals as the Planning Board may deem necessary.

(b) Said professionals and boards shall have a period of 30 days after receipt of the preliminary plan to make a report and recommendations concerning the preliminary plan. The Planning Board shall take such recommendations into account but shall have the right to proceed in the absence of any such recommendation.

(5) Public hearing. The Planning Board shall hold a public hearing on the application prior to taking action on said application. The hearing shall be held not less than 10 days following submission of a complete site plan application. Public notice of said hearing shall be given in the official newspaper of the Borough of Demarest at least 10 days prior to the hearing date.

(6) Preliminary plan action. The Planning Board shall by resolution approve, disapprove or conditionally approve the preliminary plan, stating reasons for any disapproval.

(7) Decision of Planning Board.

(a) A copy of the decision shall be mailed by the Planning Board within 10 days of the date of decision to the applicant and shall be filed in the office of the Planning Board. Copies of such filed decision shall be made available to any interested party for a reasonable fee and be available for public inspection at the Planning Board office through the office of the Borough Clerk during reasonable hours.

(b) A brief notice of the decision shall be published by the Planning Board in the official newspaper of the Borough of Demarest. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

(8) Bergen County Planning Board approval. Any application requiring Bergen County Planning Board approval shall be approved by the Borough Planning Board subject to approval by the Bergen County Planning Board.

(9) Effect of preliminary approval. Preliminary approval of a site plan shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

(a) 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 dimension and on-site and off-tract improvements; and any requirements peculiar to the specific site plan. The Borough may modify by ordinance such general terms and conditions of preliminary approval as they may relate to public health and safety, provided that such modifications are in accord with amendments adopted by ordinance subsequent to approval.

(b) 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.

(10) Extension of preliminary approval.

(a) The applicant may apply for and the Planning 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 Planning Board may grant the rights referred to above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration:

[1] The number of dwelling units and nonresidential floor area permissible under preliminary approval.

[2] Economic conditions.

[3] The comprehensiveness of the development.

(c) The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration:

[1] The number of dwelling units and nonresidential floor area permissible under preliminary approval.

[2] The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval.

[3] Economic conditions.

[4] The comprehensiveness of the development, provided that if the design standards have been revised, the standards shall govern.

(11) Exceptions. The Planning 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 these provisions 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.

(12) Planning Board variances in lieu of Board of Adjustment. The Planning Board when reviewing applications for site plans shall have the power to grant, to the same extent and subject to the same restrictions as the Board of Adjustment, variances from lot and bulk area as well as off-street parking and loading requirements. Said variances shall be granted where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application or any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the applicant of such property. The variance granted from such strict application of such regulation shall relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use.

D. Final plan.

(1) Objectives of review. The final plan shall be reviewed to ascertain whether the construction documents to be utilized in construction of the project conform to the approved preliminary plan.

(2) Application. Three or more copies of the final plan, an application in a form approved by the Planning Board and the requisite fee shall be delivered to the Planning Board Secretary, through the office of the Borough Clerk.

(3) Final plan details. The final plan shall include the following:

(a) The approved preliminary plan, together with all proposed additions, changes or departures therefrom.

(b) Final construction documents amongst other items, illustrating:

[1] The final plans for site development and site improvement.

[2] The first, ground or other floor plans sufficient to show pedestrian, vehicular or other access.

[3] The building facades, including size, structure, materials, colors and textures.

[4] Elevations of any other structure, sign or area visible to the general public.

(4) Final plan review.

(a) Within 45 days after submission of a complete final site plan application, or within such further time as may be agreed upon by the applicant, the Planning Board shall approve the application for site plan approval with or without conditions, provided that the following requirements are met:

[1] That the detailed drawings and specifications meet all applicable codes and ordinances;

[2] That the final plans are substantially the same as the approved preliminary site plans;

[3] That all improvements have been installed or bonds posted to ensure the installation of improvements;

[4] That the applicant agrees, in writing, to all conditions of final approval;

[5] That proof has been submitted that all taxes and assessments for local improvements on the property have been paid.

(b) Upon receipt of a complete application, the Borough Clerk shall submit one copy to each member of the Planning Board and one copy to each of those professionals and boards having received a copy of the preliminary plan.

(c) Said professionals and boards shall have a period of 30 days after receipt of the final plan to make a report and recommendation concerning the final plan. The Planning Board shall take such recommendation into account but shall have the right to proceed in the absence of any such recommendation.

(5) Decision of Planning Board. The decision of the Planning Board shall be as set forth in § 153-6C(7) herein.

(6) County Planning Board approval. The County Planning Board approval shall be as set forth in § 153-6C(8) herein.

(7) Effect of final approval. Final approval shall terminate the time period of preliminary approval for the section granted final approval and shall guarantee the applicant that the zoning requirements applicable to the preliminary approval and all other rights conferred upon the applicant as part of the preliminary approval shall not be changed for a period of two years after the date of final approval.

(8) Time limit for final approval and extensions. Final approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The Planning Board may extend final approval and the protection offered under § 153-6D(7) for one year. The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under final approval.

(b) The number of dwelling units and nonresidential floor area remaining to be developed.

(c) Economic conditions.

(d) The comprehensiveness of the development.

(9) Conditions of final approval. The Planning Board may, as a condition of final approval:

(a) Grant final approval only for designated geographic sections of the development.

(b) Grant final approval for certain work but require resubmission for final approval for designated elements, such as but not limited to such items as landscaping, signs or street furniture, and require approval of these elements as a prerequisite for a certificate of occupancy.

(c) Condition the granting of a certificate of occupancy subject to the applicant or developer or subsequent heirs or assignees meeting certain requirements within a designated period of time, not to exceed one year, from the date of issuance of the certificate of occupancy. This may include, but is not limited to, such items as the installation of landscaping, erection of signs, installation of improvements or reevaluation of circulation patterns.

§ 153-7 Improvements.

A. On-tract improvements required. As a condition of final site plan approval, the Planning Board may require and shall accept in accordance with the standards adopted herein for the purpose of assuring the installation and maintenance of on-tract improvements:

(1) The furnishing of a performance guaranty in favor of the Borough in an amount not to exceed 120% of the cost of installation for improvements, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, 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, landscaping and other on-site improvements.

(2) Provision for 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 a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements.

(3) 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 Borough 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.

(4) 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 Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

(5) 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 Borough Clerk, of the completion of said improvements and shall send a copy thereof to the Borough Engineer. Thereupon, the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If a partial approval is indicated, the cost of the improvements rejected shall be set forth.

(6) The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority 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 the 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.

(7) If any portion of the required improvements is rejected, the approving authority 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.

(8) Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Borough Engineer.

(9) The obligor shall reimburse the Borough for all reasonable inspection of improvements.

B. Off-tract improvements required. As a condition for approval of a site plan, the Planning Board may require an applicant to pay his pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such improvements shall be based on the circulation and comprehensive utility service plans of the Borough's adopted Master Plan as required by N.J.S.A. 40:55D-42 and 40:55D-28. The proportionate or pro rata amount of the cost of such facilities that shall be borne by each applicant within a related and common area shall be computed by the Borough Engineer or such other persons as requested by the Planning Board. Where an applicant pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.

§ 153-8 Definitions.

The definitions contained in Chapter 175, Zoning, shall apply to this chapter. Additionally, the following words and phrases shall have the following meanings:

APPLICANT

An applicant submitting an application for development.

COMMON OPEN SPACE

A parcel of land or an area of water, or a combination thereof, or a preservation of natural features such as floodplains and natural slopes within a site designated as a development and designed and intended for the use or enjoyment of the residents and owner of the development. "Common open space" shall not include parking areas or accessways thereto, but may include such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

DAYS

Calendar days.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land.

FINAL APPROVAL

Official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranty.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

FINAL SITE PLAN

The final map of all or a portion of the site plan which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.

MAINTENANCE GUARANTY

Any security, including cash, which may be accepted by the Borough for the maintenance of any improvements required by this chapter.

MASTER PLAN

A composite of one or more written graphic proposals for the development of the Borough as set forth in and adopted pursuant to N.J.S.A. 40:55D-28 et seq.

OFFICIAL MAP

A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq.

OFF-SITE

Located outside the lot lines of the lots or portions of a lot but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

PERFORMANCE GUARANTY

Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements, provided that the Borough shall not require more than 10% of the total performance guaranty in cash.

PRELIMINARY APPROVAL

Conferral of certain rights pursuant to § 153-6 herein prior to final approval and after specific elements of a site plan have been agreed upon by the Planning Board and the applicant.

SITE PLAN

A development plan of one or more lots on which is shown:

A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;

B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress or egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and

C. Any other information that may be reasonably required in order to make an informed review and approval.

§ 153-9 Application and fees.

A. Every application for site plan review and approval shall be filed in triplicate at least 14 calendar days prior to a scheduled public meeting of the Planning Board. The application, with 12 copies of all supporting documents and data, shall be filed with the Zoning Officer, who shall forthwith forward the same to the Secretary of the Planning Board. If the applicant is other than the owner, a written consent of the owner shall be required in filing the application.

B. The following fees and deposits shall be required to be paid in connection with site plan review:

[Amended 4-15-1996 by Ord. No. 774]

(1) Site plan.

(a) Preliminary site plan: $100, plus $10 per 1,000 square feet of gross floor area.

(b) Final site plan: $5 per 1,000 square feet of gross floor area or a minimum of $100, whichever is greater.

(c) Simultaneous filing of preliminary and final site plan: $15 per 1,000 square feet of gross floor area or a minimum of $150, whichever is greater.

(d) Existing building occupancy or change of use approval. For change of tenancy or change of use where no new construction or structural renovation to buildings is proposed or where no construction of improvements is intended: $35.

(e) Amended site plan application. For approval of an amended site plan application: $75.

(2) Initial escrow deposits for professional review of site plans:

(a) Site plan without variance: $1,500.

(b) Site plan with variance: $1,750, plus, for each additional variance: $100.

(3) Deposit for inspection of site plan. The applicant shall deposit, simultaneously with any application for final site plan approval, the amounts permitted by N.J.S.A. 40:55D-53h, as an escrow for reasonable inspection fees paid to the Borough Engineer for inspection of improvements.

(4) Rules governing escrow deposits. Escrow deposits shall be maintained, disbursed, replenished and closed in accordance with the Municipal Land Use Law, including, without limitation, N.J.S.A. 40:55D-53 and N.J.S.A. 40:55D-53.2.

(5) Appeals authorized by N.J.S.A. 40:50D-53.4 shall proceed in accordance with that statutory provision. Appeals shall lie with the Demarest Construction Board of Appeals pursuant to Chapter 84, Construction Codes, Uniform, of the Code of the Borough of Demarest.

(6) Fees and charges shall be based upon a schedule to be adopted by resolution of the Mayor and Council. Charges for the Borough's professionals shall be at the same rate as all other work of the same nature of said professionals for the Borough of Demarest.

§ 153-10 Conformance required; notice of revocation.

A. Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit or certificate of occupancy 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 under this chapter to cover the costs of improvements specified in that portion of the site plan over which the Borough has control.

(3) Appropriate court action by the Borough to enforce the terms of the site plan approval.

B. A written notice of revocation sent by certified mail (return receipt requested) to the applicant, by the Zoning Officer, 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.