This Article sets forth the submission requirements for the
various categories of subdivision, site plan and variance applications
to the Planning Board and the Zoning Board of Adjustment. The following
general procedures shall apply to the completeness review of applications:
A.
In order to be determined complete for review by the Board, all of
the required information must be submitted; provided that the applicant
may request that one or more of the submission requirements be waived.
A written request, explaining the basis for such request(s) must be
submitted for such waiver requests in order to be considered. The
Board or its authorized committee shall grant or deny the waiver request
within forty-five (45) days of receipt of the written request.
B.
If more than one (1) development application category is to be considered
by the Board, the applicant shall be required to submit the information
required for all of the individual applications.
C.
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he or she is entitled
to approval of the application.
[Amended 12-17-01 by Ord. 2118]
D.
The Board may subsequently require correction of any information
found to be in error and submission of additional information not
specified in this chapter or any revisions in the accompanying documents,
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required by the Board.
In addition to the submission requirements for the individual categories of applications in the following sections, all categories of applications shall be required to submit the following information and documents; provided, however, that conceptual plans and minor site plans which are submitted to only the Site Plan Waiver Committee or Architectural Review Board shall only be required to submit the information and documents set forth in § 102-70 and § 102-74, as applicable.
A.
For purposes of completeness review only, three (3) copies of the
appropriate application form(s). Thereafter, if the application is
determined to be complete, the applicant shall submit thirteen (13)
additional copies, for a total of sixteen (16) copies, of the appropriate
application form(s), completed and signed. If any item is not applicable
to the application, it shall be indicated on the application form(s)
by the words "not applicable", "none" or other appropriate language.
B.
Written description of the application, including a description of
the proposed use and improvements.
C.
Statements as to any requirements from which a waiver or variance
is sought, together with a statement of reasons why same should be
granted.
D.
Receipt indicating that applicable fees and initial escrow deposits
are paid.
E.
Certificate from the Tax Collector indicating that all taxes and
assessments for the subject property are paid up to and including
the most recent collection period.
F.
Certificate from both the Board of Adjustment and the Planning Board
indicating the nature and date of prior actions, if any, by the respective
Boards affecting the subject property, as disclosed by the available
records of such Boards.
G.
Affidavit of ownership. If applicant is not the owner, applicant's
interest in land must be indicated; e.g., tenant, contract/purchaser,
lien holder, etc., and permission of property owner to file the application
must be submitted.
H.
If applicant is a corporation or partnership applying to the Board or the Council for permission to subdivide a parcel of land into six (6) or more lots, or applying for a variance to construct a multiple dwelling of twenty-five (25) or more family units or for approval of a site to be used for commercial purposes, a list of the names and addresses of all stockholders or individual partners owning at least ten percent (10%) of its stock of any class as required by § 102-66.
I.
For purposes of completeness review only, three (3) copies of the
required development plan(s). Thereafter, if the application is determined
to be complete, the applicant shall submit thirteen (13) additional
copies, for a total of sixteen (16) copies, of any required development
plan(s), signed and sealed by the professional who prepared the development
plan(s). Any plan submitted as part of an application to a Borough
agency shall be prepared by an individual pursuant to the regulations
in N.J.A.C. 13:27, 13:40, and 13:41, as amended, provided that the
owner of a single-family detached or two-family dwelling may sign
the plans for an application if he or she has prepared them. All such
plans shall contain the following information:
[Amended 12-17-01 by Ord. 2118]
(1)
Title block containing the type of application, name and address
of applicant and owner; name, address, signature, license number and
seal of plan preparer; existing lot and block numbers; municipality
and county, date prepared and date(s) of all plan amendments.
(2)
Signature block for signatures of Chairman and Secretary of the Board.
(3)
The name of all adjoining property owners as disclosed by current
Borough tax records.
(4)
A key map showing the location of the tract to be considered in relation
to the surrounding area within at least five hundred (500) feet of
the subject property.
(5)
Scale of map, both written and graphic. The scale shall consist of
no more than fifty (50) feet to the inch.
(6)
North arrow.
(7)
Zoning district in which parcel is located, and the zone district
of adjacent property, with a table indicating tract area, lot area(s),
lot width(s), all yard setbacks, building and impervious coverage,
building height, floor area ratio, density and number of parking spaces,
both as to required, existing and proposed, for the subject property.
If the application involves a conditional use, compliance with the
applicable conditional use standards shall be indicated on the plan.
(8)
Existing and proposed boundaries of the site(s) in question, with
bearings and dimensions of same. The number of each existing tax lot
in accordance with the tax map shall be shown.
(9)
Municipal boundary line(s), if any, crossing or adjacent to the subject
property.
(10)
Location and width of existing easements or rights-of-way on
or abutting the subject property, including but not limited to streets,
utility and drainage easements, sight easements and access easements.
(11)
Location of existing and proposed buildings, with setbacks from
property lines dimensioned on the plan.
(12)
Location of existing and proposed paved areas, including parking
and loading areas, driveways, sidewalks, etc., showing the design
of such areas.
(13)
Location of natural features, including woodlands, streams and
other water bodies, wetlands, flood hazard areas and rock outcrops
on the property, and also on adjacent properties if same may affect
the proposed development.
(14)
Location of any required dedication or reservation for streets
or any area shown on the Official Map or Master Plan.
(15)
Soil erosion and sedimentation control plan, if required pursuant
to P.L. 1975, c. 251.
(16)
Construction details and specifications sufficient to illustrate
the nature of proposed site improvements, including but not limited
to the following:
Paving, curbing, walls, fences, utility and storm drainage structures,
soil erosion control structures, tree protection devices, light fixtures
and standards, signs, planting and staking details, and barrier-free
access design.
J.
A statement of any and all approvals which are required from other
governmental entities, as applicable, including but not limited to
the following:
(1)
For the Borough, the Health Department, Fire Subcode Official, Construction
Code Official and Architectural Review Board.
(2)
For Somerset County, the Somerset County Planning Board.
(3)
For the State of New Jersey, the Department of Environmental Protection
and the Department of Transportation.
(4)
For the United States, the Soil Conservation Service.
K.
For minor subdivisions, preliminary major site plans and preliminary
major subdivisions, one (1) of the following:
(1)
A letter of interpretation from the N.J.D.E.P. indicating the absence
of freshwater wetlands, or indicating the presence and verifying the
boundaries of freshwater wetlands, and classifying same by resource
value.
(2)
A letter of exemption from the N.J.D.E.P. certifying that the proposed
activity is exempt from the Freshwater Wetlands Protection Act, and
regulations promulgated thereunder.
(3)
A copy of any application made to the N.J.D.E.P. for any permit concerning
a proposed regulated activity in or around freshwater wetlands.
(4)
Documentation demonstrating that no wetlands exist on the subject
property, and demonstrating that no wetlands exist on adjacent property
that would affect or limit development on the property which is the
subject of the development application.
L.
A copy of any protective covenants or deed restrictions, if any,
affecting the property in question; provided that if none exist, an
affidavit from the owner certifying that no such covenants or restrictions
exist shall be submitted.
M.
Information sufficient to determine if the special notice to Regional Center municipalities in § 102-12B(3) is required.
N.
Proof of submission of the application to the Somerset County Planning
Board (e.g., copy of stamped and dated County application form).
[Added 12-17-01 by Ord. 2118]
[Amended 12-17-01 by Ord. 2118]
Applications for informal review of conceptual site plans and/or
subdivisions shall be required to submit a plan of the proposed development.
The procedures for completeness review of formal applications shall
not apply to such plan, except as provided below; however, the Board
Secretary shall refer the plan to the appropriate persons and agencies,
who shall provide suggestions as to any additional information that
may be helpful to the Board in reviewing the plan. The applicant may
choose to proceed without providing such additional information, or
may provide some or all of the suggested information. Once the applicant
has finalized his or her plan submittal, the application shall be
scheduled for the Board's agenda; provided that any application for
informal review shall provide the following prior to referral or review
by the Board:
A.
Twelve (12) copies of the appropriate application form(s), completed
and signed. If any item on the form is not applicable to the applicant,
it shall be indicated on the application form(s) by the words "not
applicable", "none" or other appropriate language.
B.
Twelve (12) copies of the concept plan.
C.
Written description of the application, including a description of
the proposed use and improvements.
D.
Receipt indicating that applicable fees and initial escrow deposits
are paid.
E.
Certificate from the Tax Collector indicating that all taxes and
assessments for the subject property are paid up to and including
the most recent collection period.
F.
Proof that notice of the application has been submitted to the Regional Center municipalities, when such notice is required by § 102-12B(3), the same as if the concept application were a formal application.
[Added 12-17-01 by Ord. 2118]
In addition to the requirements indicated in § 102-69, the information below shall be shown on the plans for all minor subdivision applications. Minor subdivision plans to be filed with the County Recording Officer shall use a sheet size of either 8.5" x 13", 15" x 21", 24" x 36" or 30" x 42".
A.
Name of the map.
B.
Dimensions, bearings, and curve data for all property lines and easements.
C.
The location and description of existing and proposed monuments,
including monuments where found, monuments set or reset, and monuments
to be set or reset.
D.
Proposed lot and block numbers for each proposed lot.
E.
Reference meridian for north arrow shown graphically.
F.
Date of the survey.
G.
Required building envelopes drawn for each lot, showing graphically
and by dimension the minimum front, side and rear yard setbacks, as
well as any easements within which the construction of buildings is
prohibited.
H.
Location, dimensions and nature of existing and proposed improvements
in any streets, within or abutting the tract.
I.
Existing and proposed topographic contours, both for the tract and
for adjacent areas affecting the development. Contour intervals shall
not exceed the following: up to ten percent (10%) grade, two (2) feet;
over ten percent (10%) grade, five (5) feet. Contour elevations shall
be referenced to the New Jersey Geodetic Control Survey datum.
J.
Location of existing and proposed wells and septic systems and location
of existing and proposed connections to public water and sanitary
sewer systems, as well as connections to other utilities. If any septic
systems or subsurface stormwater storage systems are proposed, the
results of percolation tests shall be submitted with the application,
along with test hole locations and soil log information.
[Amended 12-17-01 by Ord. 2118]
K.
If the subdivision is to be filed by map, certification from a licensed
surveyor as to the accuracy of the details on the plat and as to compliance
with provisions of the Map Filing Law.
L.
Certification from a licensed surveyor as to the setting of monuments
or signature block for the Borough Clerk as to the posting of a bond
for the future setting of monuments.
M.
If the subdivision is to be filed by map, a signature block for certification
from the Borough Engineer as to the plat's compliance with the provisions
of the Map Filing Law and all applicable Borough ordinances and requirements.
N.
A signature block for a statement from the Borough Engineer that
he or she has received a map showing all utilities in exact location
and elevation identifying those portions already installed and those
to be installed, and that the developer has installed all improvements
in accordance with all Borough regulations, and/or a statement by
the Borough Clerk that proper performance guarantees have been posted
with the Borough Council for the installation of required improvements.
[Amended 12-17-01 by Ord. 2118]
O.
When approval of a plat is required by an officer or agency of the
Borough, County or State, such approval shall be referenced and signature
blocks for certification that such approvals have been obtained included
on the plat.
In addition to the requirements indicated in § 102-69, the information below shall be shown on the plans for all preliminary major subdivision applications:
A.
The proposed name of the subdivision.
B.
Curve data for all property lines.
C.
Proposed lot and block numbers for each proposed lot.
D.
Required building envelopes drawn for each lot, showing graphically
and by dimension the minimum front, side and rear yard setbacks, as
well as any easements within which the construction of buildings is
prohibited.
E.
Location and use of open space, if any, to be deeded to the Borough
or controlled by an open space organization, as well as the use and
nature of any other common areas.
F.
Location, dimensions and nature of existing and proposed improvements
in any streets, within or abutting the tract, including profiles and
cross-sections for all proposed streets, sidewalks, alleys, and planting
strips; radii, points of curvature and tangency and central angles
of all curves, both centerline and curb.
G.
Existing and proposed water supply, including plans and profiles
of proposed water mains, pipe material and sizes, valves, joints,
hydrants and location of private wells.
H.
Existing and proposed sanitary sewer service. If septic disposal
systems are proposed, test hole locations and soil log information
shall be submitted, along with the location of existing septic tanks
and fields. If connection to public sanitary sewers is contemplated,
the applicant shall submit plans and profiles of proposed sanitary
sewer lines; pipe length, material and sizes; location of pumping
stations, manholes and other structures; and appropriate elevations.
I.
Plans and profiles of existing and proposed storm drainage design
and improvements, including a map showing the entire drainage area;
the drainage area contributing to each pertinent drainage structure;
drainage tabulation sheets showing calculations for each drainage
area; length, size and material of drain pipes; direction of flow;
location of inverts, manholes, dry wells, groundwater recharge basins,
swales, drainage basins and other structures; and elevations of grates,
inverts, etc. If any subsurface stormwater storage systems are proposed,
the results of percolation tests shall be submitted with the application,
along with test hole locations and soil log information.
[Amended 12-17-01 by Ord. 2118]
J.
Proposed location of easements for gas, electric, telephone and cable
television service.
K.
Existing and proposed topographic contours, both for the tract and
for adjacent areas affecting the development. Contour intervals shall
not exceed the following:
up to 3% grade, 1 foot interval; between 3% grade and 25% grade,
2 feet interval; 25% grade or more, 5 feet interval. Contour elevations
shall be referenced to the New Jersey Geodetic Control Survey datum.
L.
If regrading near existing buildings is proposed, proposed spot grades
at the corners of all buildings, and finished floor elevations of
buildings.
M.
Location and description of existing and proposed street trees, landscaping
and natural vegetation to remain. Information for proposed plantings
shall include common and scientific names, number of plants, planted
size and root specification.
N.
The location and design of fences, walls, sidewalks and similar improvements
to be proposed.
O.
If development is proposed in phases or stages, a phasing plan.
In addition to the requirements indicated in § 102-69, the information below shall be shown on the plans for all minor subdivision applications. Minor subdivision plans shall use a sheet size of either 8.5" x 13", 15" x 21", 24" x 36" or 30" x 42".
A.
Those items required for preliminary major subdivisions pursuant to § 102-72, shown in final form.
B.
Information sufficient to demonstrate that all of the conditions
of preliminary approval have been satisfied, including but not limited
to proof of all Federal, State, County and Borough governmental agency
approvals, shown on the plan or on other written documentation, as
applicable.
[Amended 06-16-03 by Ord. 2143]
C.
Name of the map.
D.
Location and description of existing and proposed monuments, including
monuments where found, monuments set or reset, and monuments to be
set or reset.
E.
Reference meridian for north arrow shown graphically.
F.
Date of the survey.
G.
Certification from a licensed surveyor as to the accuracy of the
details on the plat and as to compliance with provisions of the Map
Filing Law.
H.
Certification from a licensed surveyor as to the setting of monuments
or a signature block for the Borough Clerk as to the posting of a
bond for the future setting of monuments.
I.
A signature block for certification from the Borough Engineer as
to the plat's compliance with the provisions of the Map Filing Law
and all applicable Borough ordinances and requirements.
J.
A signature block for a statement from the Borough Engineer that
he or she has received a map showing all utilities in exact location
and elevation identifying those portions already installed and those
to be installed, and that the developer has installed all improvements
in accordance with all Borough regulations, and/or a signature block
for a statement by the Borough Clerk that proper performance guarantees
have been posted with the Borough Council for the installation of
required improvements.
[Amended 12-17-01 by Ord. 2118]
In addition to the requirements indicated in § 102-69, the following information shall be submitted for all minor site plans; provided, however, that minor site plans which are submitted to only the Site Plan Waiver Committee or Architectural Review Board shall only be required to submit the information required for conceptual plans in § 102-70A through E, along with the following information:
A.
Location of proposed parking, loading, access and circulation improvements,
signs, exterior lighting and landscaping. Existing improvements shall
be shown to the extent that such improvements affect or are affected
by the proposed development and/or are necessary to determine compliance
with this chapter.
B.
If interior renovations or alterations are proposed, floor plans
for existing and proposed buildings, showing the use and layout of
internal space, at a scale of not exceeding eight (8) feet per inch.
Horizontal dimensions of all exterior walls and other exterior vertical
building surfaces shall be included.
[Amended 06-16-03 by Ord. 2143]
C.
If alterations to the existing building facade are proposed, facade
elevations showing the extent and nature of the construction. The
vertical dimension of the building height shall be included.
[Amended 06-16-03 by Ord. 2143]
D.
If revisions to existing topography are proposed, or if the building
entrance or finished floor elevation is proposed to be revised, existing
and proposed contours and/or spot elevations portraying the change.
E.
If the application involves a sidewalk cafe, the following additional
information:
(1)
A statement that if alcohol is to be served it will be served only
with food service on the outdoor portion of the premises. (This provision
to apply only to those restaurants with valid liquor licenses).
[Amended 6-7-04 by Ord. No. 2164]
(2)
The proposed hours of operation.
(3)
The maximum anticipated seating capacity, including the number and
location of tables, walls, planters or barricades.
(4)
Proof of liability insurance for the sidewalk cafe portion, which
names the Borough of Somerville as an additional insured.
(5)
The location of any utility shut-offs, vents or sidewalk vault covers,
bus stops, litter containers, fire hydrants, public telephones, street
furniture, or elevators located in the vicinity of the proposed cafe.
(6)
Detailed design drawings or photographs of the proposed railing or
landscaped border which will be used to separate the cafe from the
sidewalk area. Colors of material shall be noted in detail.
F.
If any septic systems or subsurface stormwater storage systems are
proposed, the results of percolation tests shall be submitted with
the application, along with test hole locations and soil log information.
[Added 12-17-01 by Ord. 2118]
In addition to the requirements indicated in § 102-69, the following information shall be submitted for all preliminary major site plans:
A.
Location of existing and proposed buildings and their setbacks from
property lines, plus the location of existing buildings and paved
areas on adjacent properties.
B.
Floor plans for existing and proposed buildings, showing the use
and layout of internal space, and front, rear and side building facade
elevations, both at a scale not exceeding eight (8) feet per inch.
Horizontal dimensions of all exterior walls and other exterior vertical
building surfaces shall be included on the floor plans, and the vertical
dimension of the building height shall be included on the facade elevations.
[Amended 06-16-03 by Ord. 2143]
C.
Location and design of existing and proposed parking, loading, access
and circulation improvements, showing dimensions of same.
D.
Existing and proposed topographic contours of the site and adjacent
areas affecting the site. Contour intervals shall be no greater than:
up to 3% grade, 1 foot interval; between 3% grade and 25% grade, 2
feet interval; 25% grade or more, 5 feet interval. Contour elevations
shall be referenced to the New Jersey Geodetic Control Survey datum.
E.
If new buildings or paved areas are proposed, or if regrading is
proposed, proposed spot grades at the corners of all buildings and
in appropriate pavement locations, and finished floor elevations.
F.
Existing and proposed utility service, including septic systems with
test hole locations and soil log information, connections to sanitary
sewers, wells, connections to water mains, fire hydrants, etc.
G.
Existing and proposed storm drainage design and improvements, including
a map showing the entire drainage area, the drainage area contributing
to each pertinent drainage structure and drainage tabulation sheets
showing calculations for each drainage area. Provisions for rooftop
drainage shall also be shown. If any subsurface stormwater storage
systems are proposed, the results of percolation tests shall be submitted
with the application, along with test hole locations and soil log
information.
[Amended 12-17-01 by Ord. 2118]
H.
Existing and proposed site illumination, including height and location
of fixture, type of fixture and bulb, pole material, and manufacturer's
isocandela diagram or illumination grid superimposed upon the site
plan. Original manufacturer's details of the light fixtures, or photocopies
of the same, shall be submitted.
[Amended 12-17-01 by Ord. 2118]
I.
Location and description of existing and proposed landscaping. Information
for proposed landscaping shall be include common and scientific names,
number of plants, planted size and root specification.
J.
Existing and proposed signs, including the size, materials, nature
of construction, location and any illumination of same.
K.
The location and design of fences, walls, sidewalks and similar improvements
to be proposed.
L.
The location and design of solid waste disposal containers and recycling
containers.
M.
If development is proposed in phases or stages, a phasing plan.
In addition to the requirements indicated in § 102-69, the following information shall be submitted for all final major site plans:
B.
Information sufficient to demonstrate that all of the conditions
of preliminary approval have been satisfied, including but not limited
to proof of all Federal, State, County and Borough governmental agency
approvals, shown on the plan or on other written documentation, as
applicable.
[Amended 06-16-03 by Ord. 2143]
All applications or appeals for a "C" variance or "D" variance, when site plan or subdivision approval is not required, or when the variance application has been bifurcated from subsequent site plan or subdivision applications which may be required by this chapter, shall submit the information required by § 102-69 and § 102-74. The Board reviewing the application shall have the authority to request additional information not required by § 102-69 and § 102-74, if in its opinion, such additional information is necessary to make an informed decision on the application or appeal.
[Amended 06-16-03 by Ord. 2143]
Applications or appeals for other than variance relief shall be required to submit the information specified in the procedural sections for said appeals, § 102-33, § 102-34, § 102-35 or § 102-36, as appropriate. In the case of applications for certification of nonconforming uses and/or structures, the following information shall be submitted:
A.
The specific nature of the use and/or structure for which certification
is sought.
B.
The applicable zoning regulations in effect at the time the use began
and/or the structure was built, as applicable, sufficient to demonstrate
that the use and/or structure was permitted at the time.
C.
Evidence that the required permits and other approvals for the use
and/or structure were granted. If the initial permits have been lost,
other evidence that the Borough has acknowledged the legality of the
use and/or structure shall be submitted.
D.
The date the ordinance was adopted that made the use and/or structure
nonconforming.
