[Ord. 10/19/95; Art. I
§ 127-1]
Subdivision of Land and Site Plan Review Within the Borough
of East Newark Pursuant to the Authority Set Forth in Chapter 29 of
the Laws of 1975 and Amendments and Supplements Thereto, Setting Forth
the Procedure to be Followed by the Approving Authority in Applying
and Administering These Rules, Regulations and Standards and Providing
Penalties for the Violations Thereof.
[Ord. 10/19/95; Art. I
§ 127-2]
This chapter shall be known as the "Land Subdivision and Site
Plan Review Ordinance of the Borough of East Newark."
[Ord. 10/19/95; Art. I
§ 127-3]
Such regulations are deemed necessary to protect the character,
stability and orderly development of all areas of the community; to
secure safety from fire, flood, panic and other natural and man-made
disasters and hazards; to encourage the proper location and design
of streets; to promote a desirable visual and aesthetic environment
through creative development techniques and good civic design and
arrangements; to promote the conservation of open space and valuable
resources; to prevent the degradation of the environment through improper
land use, to provide adequate light, air and open space; and to provide
rules, regulations and procedures which will guide the appropriate
developments of lands within the community in order to promote the
public health, safety, morals and general welfare.
[Ord. 10/19/95; Art. II
§ 127-4]
Unless the context otherwise indicates, the following definitions
shall be used in the interpretation and construction of this chapter.
a.
Word Usage. Words used in the present tense include the future; the
singular number shall include the plural, and the plural the singular;
the word "structure" shall include the word "building" the word "person"
includes a corporation as well as an individual, the word "lot" includes
the word "plot"; the word "occupied" includes the words "designed;
constructed, altered, converted, rented, leased or intended to be
used;" the word "shall" is mandatory and not optional, and the word
"may" is permissive.
b.
ADMINISTRATIVE OFFICER
APPLICANT OR DEVELOPER
1.
2.
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
BUILDING
COMMON OPEN SPACE
CONDITIONAL USE
CONVENTIONAL DEVELOPMENT
DAYS
DEVELOPMENT
DRAINAGE
DRAINAGE RIGHT-OF-WAY
EROSION
FINAL APPROVAL
FLOOR AREA
GOVERNING BODY
HISTORIC SITE
INTERESTED PARTY
LOT
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MASTER PLAN
MINOR SUBDIVISION
OFF-SITE
OFF-TRACT
OFFICIAL MAP
ON SITE
ON-TRACT
OPEN SPACE
PARTY IMMEDIATELY CONCERNED
PERFECTED APPLICATION
PERFORMANCE GUARANTEE
PHYSICAL HANDICAP
PLAT
PRELIMINARY APPROVAL
PRELIMINARY FLOOR PLANS AND ELEVATIONS
PUBLIC AREAS
PUBLIC BUILDING
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
RESUBDIVISION
SEDIMENTATION
SIGHT TRIANGLE
SITE PLAN
SKETCH PLAT
STREET
STRUCTURE
SUBDIVISION
SUBDIVISION COMMITTEE
Definitions.
Shall mean the respective secretary for any application before
the Planning Board or the Board of Adjustment.
Shall mean:
A developer submitting an application for development.
The legal or beneficial owner or owners of a lot or of any land
proposed to be included in a proposed development, including the holder
of an option or contract for purchase or other persons having an enforceable
proprietary interest in such land.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
conditional use, zoning variance or direction of the issuance of a
permit pursuant to law.
Shall mean the Planning Board of Borough of East Newark as the case may be, as provided in Section 31-3.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary or continuous occupancy and having
a roof.
Shall mean an open space area within or related to a site
designated as a development, and designed and intended for the use
or enjoyment of residents and owners of the development. "Common open
space" may contain such complementary structures and improvements
as are necessary and appropriate for the use or enjoyment of residents
and owners of the development.
Shall mean a use permitted in a particular zoning district
only upon showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in the Zoning Ordinance and upon the issuance
of an authorization therefor by the Planning Board.
Shall mean development other than planned development.
Shall mean the number of calendar days, for the purpose of
this chapter.
Shall mean 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, for which permission may be required.
Shall mean the removal of surface water or groundwater from
land by drains, grading or other means, including the control of runoff
to minimize erosion and sedimentation during and after construction
or development, and the means necessary for water supply preservation
or preservation or alleviation of flooding.
Shall mean the lands required for the installation of stormwater
sewers or drainage ditches or required along natural streams, or watercourses
for preserving the channel and providing for the flow of water therein,
to safeguard the public against flood.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice and gravity.
Shall mean the official action of the approving authority
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 guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees, which, in the case of subdivision,
shall be filed with the proper County Recording Officer.
Shall mean the sum of the gross horizontal areas of the several
floors of a building measured from the exterior walls on a building.
"Floor area" shall not include areas devoted to mechanical equipment
serving the building stairways and elevators, areas used exclusively
for off street parking and loading for motor vehicles, or to any space
where the floor to ceiling height is less than seven feet.
Shall mean the Mayor and Council of the Borough of East Newark.
Shall mean any building, structure, area or property that
is significant in the history, architecture, archeology or culture
of this State, its communities or the nation and has been so designated.
Shall mean any person, whether residing within or without
the Borough of East Newark, whose right to use, acquire or enjoy property
is or may be affected by any action taken under this chapter, or whose
right to use, acquire or enjoy property under this chapter or under
any other law of this State or the United States has been denied,
violated or infringed upon by any action or a failure to act under
this chapter.
Shall mean a designated parcel, tract or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Shall mean security other than cash, which may be accepted
by East Newark for the maintenance of any improvements required by
this chapter.
Shall mean any subdivision not classified as a minor subdivision.
Shall mean a composite of one or more written or graphic
proposals for the development of East Newark which shall have been
duly adopted by the East Newark Planning Board.
Shall mean any subdivision containing not more than three
lots fronting on an existing street, not involving any new street
or road or the extension of municipal facilities and not adversely
affecting the development of the remainder of the parcel or adjoining
property which is not adjoined by other unplatted land in the same
ownership and is not in conflict with any provisions or portions of
the Master Plan, Official Map, Zoning Ordinance, Health Code or this
chapter.
Shall mean located outside the lot lines of the lot in question
but within the property of which the lot is part which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Shall mean not located on the property which is the subject
of a development application not on a contiguous portion of a street
or right-of-way.
Shall mean a map adopted by ordinance pursuant to Article
5, Chapter 291 of the Laws of 1975. Such map shall be deemed to be
conclusive with respect to the location and width of streets and public
drainageways and the location and extent of flood control basins and
public areas, whether or not such streets, ways, basins or areas are
improved or unimproved or are in actual physical existence.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
or occupants of land adjoining or neighboring such open space, provided
that such area may be improved with only those buildings, structures,
streets, and off street parking and other improvements that are designated
to be incidental to the natural openness of land.
Shall mean any applicant for development, the owner of the
subject property and all owners of property and government agencies
entitled to notice.
Shall mean one that is submitted in a proper and complete
form, including all required application forms, maps and reviews,
prior to the scheduling of a public hearing, where required, or formal
action being taken by the approving authority; all required fees are
submitted and filed within the appropriate time schedules; proof that
no taxes or assessments for local improvements are due or delinquent
on the property for which approval is sought; and all other governmental
approvals are received by the approving authority or can be so conditioned
by the approving authority.
Shall mean any security which may be accepted by the Borough
of East Newark, including cash, provided that the Borough shall not,
require more than 10% of the total performance guarantee in cash.
Shall mean a physical impairment which confines a person
to a wheelchair; causes a person to walk with difficulty or insecurity;
affects the sight or hearing to the extent that a person functioning
in public areas is insecure or exposed to danger; caused faulty coordination;
or reduces mobility, flexibility, coordination and perceptiveness
to the extent that facilities are needed for the safety of that person.
Shall mean a map or maps of a subdivision or site plan pursuant
to the provisions of this chapter.
Shall mean the conferral of certain rights pursuant to this
chapter, prior to final approval after specific elements of a development
plan have been agreed upon by the approving authority and the applicant.
Shall mean architectural drawings prepared during early and
introductory stages of the design of a project, illustrating in a
schematic form its scope, scale and relationship to its site and immediate
environs.
Shall mean public parks, playgrounds, trails, paths and other
recreational areas; other public open spaces, scenic and historic
sites; and sites for schools and other public buildings and structures.
Shall mean under the provisions of Chapter 220 of the Laws
of 1975 pertaining to physically handicapped persons, any building,
structure, facility or complex used by the general public, including
but not limited to theaters, concert halls, auditoriums, museums,
schools, libraries, recreation facilities, public transportation terminals
and stations, factories, office buildings, business establishments,
passenger vehicle service stations, shopping centers, hotels or motels
and public eating places, constructed by any State, County or municipal
government agency or instrumentality or any private individual, partnership,
association or corporation with the following exceptions; one to four-family
private residence warehouse storage areas and all buildings classified
as hazardous occupancies. As used herein, "hazardous occupancy" means
the occupancy or use of a building or structure or any portion thereof
that involves highly combustible, highly flammable or explosive material
or which has inherent characteristics that constitute a special fire
hazard.
Shall mean the land reserved or dedicated for the installation
of stormwater sewers or drainage ditches or required along a natural
stream or watercourse for preserving the channel and providing for
the flow of water to safeguard the public against flood damage, sedimentation
and erosion.
Shall mean an open space area conveyed or otherwise dedicated
to a municipality, municipal agency board of education, State or County
agency or other public body for recreational or conservational uses.
Shall mean the further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law or the alteration of any streets within
any subdivision previously made and approved or recorded according
to law, but does not include conveyances so as to combine existing
lots by deed or other instrument.
Shall mean the deposition of soil that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
Shall mean a triangle-shaped easement established at the
intersection of two streets or a driveway and a street in which nothing
shall be erected, placed, planted or allowed to grow in such a manner
as to obstruct vision between a height of two feet and six inches
above the center line grade of the street or driveway. Said triangle
shall be determined along such street lot lines or edge of driveway
25 feet distant from their joint intersection.
Shall mean a development plan of one or more lots on which
is shown the existing and proposed conditions of the lot, including
but not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress, drainage facilities,
utility services, landscaping, structures and signs, screening devices
and lighting, and any other information that may be reasonably required
in order to make an informed determination pursuant to this chapter.
Shall mean the sketch map of a subdivision to be used for the purpose of discussion and classification and meeting the requirements of subsection 31-4.1 herein.
Shall mean any street, avenue, boulevard, road, parkways,
viaduct, drive or other-way which is an existing State, County or
municipal roadway or which is shown upon a plat heretofore approved
pursuant to law or which is shown on a plat duly filed and recorded
in the office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above or
below the surface of a parcel of land.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other division of land,
whether immediate or future, for sale or development. The following
shall not be considered subdivision within the meaning of this chapter,
if no new streets are created or extension of utilities are required
division of land found by the approving authority to be for agricultural
purposes where all resulting parcels are five acres or larger in size,
divisions of property by testamentary or intestate provisions, divisions
of property upon court order and conveyances so as to combine existing
lots by deed or other instrument. The term "subdivision" shall also
include the term "resubdivision."
Shall mean a committee of at least three Planning Board members,
appointed by the Chairman of the Board, for the purpose of classifying
subdivisions in accordance with the provisions of this chapter and
performing such other duties relating to land subdivision as may be
conferred on the Committee by the Board.
[Ord. 10/19/95; Art. III]
a.
Planning Board as Approving Authority. In accordance with Chapter
291 of the Laws of 1975, the Planning Board shall act as approving
authority for subdivision plats as a condition for filing such plats
with the County Recording Officer, either individually or as a part
of a simultaneous application, and for site plan approval as follows:
1.
For minor subdivisions.
2.
For preliminary and final major subdivisions and site plans.
3.
For subdivisions and site plans which also require conditional use
approval.
4.
For minor and major subdivisions which require site plan approval.
5.
For subdivisions and site plans in which a variance is requested
in accordance with N.J.S.A. 40:55D-60 from lot area dimension, setback
and yard requirements shall not be granted for more than one lot.
b.
Planning Board as Approving Authority in Accordance with State Law.
In accordance with State law, the Planning Board shall act as approving
authority for subdivision plats as a condition for filing such plats
with the County Recording Officer and for site plan approval as follows:
1.
Where a use variance pursuant to N.J.S.A. 40:55D-70D is requested
in which a subdivision and/or a site plan is part of the application.
c.
Planning Board as Approving Authority for Variance Request. Planning
Board acting as approving authority in the case of a variance request
pursuant to N.J.S.A. 40:55D-60 from lot area, lot dimension, setback
and yard requirements where the relief sought from lot area requirements
exceeds one lot, an application for subdivision or site plan approval
shall proceed initially with the Planning Board and, if approved by
the Planning Board, the applicant shall then proceed to the Board
of Adjustment as to the lot area variances only.
d.
Exception in Application of Regulation. Except for public hearings,
the approving authority, when acting upon applications for minor preliminary
and final subdivisions approval, shall have the power to grant such
exceptions from the requirements of this chapter as may be reasonable
and within the general purpose and intent of the provisions of this
chapter, 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.
e.
Simultaneous Review and Approval. Except as provided in this chapter,
the approving authority shall have the power to review and approve
one or more land use regulations simultaneously with review for subdivision
and site plan approval without the applicant being required to make
further application to the approving authority or the authority being
required to hold further hearings. The longest time period for action
by the approving authority, whether it is for subdivision, conditional
use, site plan approval or variance, shall apply. Whenever approval
of a conditional use or a use variance is requested by the applicant,
notice of the hearing on the plat shall include references to the
request for such conditional use or use variance.
[Ord. 10/19/95; Art. III; Ord. No. 17-07 § 1; Ord. No. 09-10; Ord. No. 01-11]
The following fees shall accompany the appropriate application.
Said fees shall be paid in cash or certified or bank check, payable
to the Borough of East Newark, as follows:
a.
Filing Fees.
|
Variance applications (3 or fewer variances)
|
$250
|
|
One-family dwelling or land to be used for this purpose
|
$70
|
|
Two-family dwelling to multi-family dwellings having 10 units
or less, or land to be used for this purpose
|
$350
|
|
Multiple-family dwelling having more than 10 units or land to
be used for this purpose
|
$560
|
|
Business, Commercial and Public (M-1) or land to be used for
these purposes
|
$350
|
|
Planned Residential Development (PRD-1) or land to be used for
this purpose
|
$350*
|
|
Bulk Variances. $250 for an application requesting 3 or less
variances, and an additional $100 per variance for each variance application
requesting more than 3 variances.
| |
|
Use Variances. An application of $500, a minimum of $1,500 in
escrow
| |
|
Each additional variance over 3
|
$100
|
|
Zoning permit application
|
$50
|
|
Conditional Use Approvals.
| |
|
One-family dwelling or land to be used for this
purpose
|
$70
|
|
Two-family dwelling to multiple-family dwellings
having 10 units or less, or land to be used for this purpose
|
$350
|
|
Multiple-family dwelling having more than 10 units
or land to be used for this purpose
|
$560
|
|
Commercial and Public (M-1) or land to be used for
this purpose
|
$350
|
|
Site Plan Review.
| |
|
Preliminary site plan review (in addition to any
variance fees) for all zones and uses except home professional uses
in R-1 Zones
|
$350
|
|
Final or amended/modified site plan review for all
zones and uses except home professional use in R-1 Zones
|
$175
|
|
Site plan review for home professional office in
R-1 Zone
|
$175
|
|
Minor Subdivisions
| |
|
One-family dwelling or land to be used for this
purpose
|
$84
|
|
Two-family dwelling to multiple-family dwellings
having 10 units or less, or land to be used for this purpose
|
$168
|
|
Multiple-family dwelling having more than 10 units
or land to be used for this purpose
|
$280
|
|
Business, Commercial and Public (M-1), or land to
be used for these purposes
|
$350
|
|
Planned Residential Development (PRD-1) or land
to be used for this purpose
|
$350
|
|
Major subdivision in any zone
|
$350**
|
|
Review for Areas Designated in Need of Redevelopment.
| |
|
Site plan review. Any application for site plan
review in connection with any lot located in an area designated as
an area in need of redevelopment
[5-15-2006 by Ord. No.
1538] |
$1,000
|
|
Minor subdivision. Any application for minor subdivision
review in connection with any lot located in an area designated as
an area in need of redevelopment
|
$1,000
|
|
Major subdivision. Any application for major subdivision
review in connection with any lot located in an area designated as
an area in need of redevelopment
|
$1,000
|
|
*Plus $70 for each proposed unit.
**Plus an additional $70 for each building lot.
|
b.
Inspection Fees. 3% of the estimated construction costs of the improvements
as determined by the Borough Engineer as provided under the escrow
provisions of this chapter.
c.
Fees for Specific Services. The following fees shall be applicable
for the services described herein:
1.
Reproduction of minutes of meetings or other reproduction costs:
$0.25 per page or the reproduction costs, plus 10% for electronic
minutes.
2.
Cost of transcript to interested parties: at cost to the municipality.
3.
Copy of decision: $0.25 per page, plus 10%.
4.
Certified list of persons requiring notice: $10.
5.
Publication notice: at cost to municipality.
d.
Escrow Fees.
1.
Escrows for Development. In addition to the application fees called
for in the Code of the Borough of East Newark, an applicant shall
be responsible to reimburse the municipality or a municipal agency
or approving authority for all expenses and fees incurred by the municipality
or municipal agency or approving authority for the services of professional
personnel required to process an application for development, including
review of applications for development, review and preparation of
documents, inspection of improvements or other purposes under the
provisions of N.J.S.A. 40:55D-1 et seq. The municipality shall be
entitled to be reimbursed for the review of applications both as to
completeness and as to content; for the review and preparation of
documents such as but not limited to drafting resolutions, developer's
agreements and necessary correspondence with applicants or applicants'
professionals. If an applicant shall request a special meeting of
the Planning Board to hear any part of the applicant's application,
the applicant shall be responsible for all professional services of
professional personnel and for expenses and fees incurred by the Borough
for any recording secretary or stenographer appearing at any special
meeting.
2.
Deposit with Chief Financial Officer. No plots or site plans shall
be signed or approved nor shall any zoning permits, building permits,
certificates of occupancy, resolutions of approval or other types
of permits be issued with respect to any application until an applicant
has deposited with the Chief Financial Officer an amount which the
applicant and the municipality or the municipal agency or approving
authority agree is sufficient to satisfy the estimated expenses and
fees incurred by the municipality or the municipal agency or approving
authority to pay professional personnel for professional services.
No bill for professional services shall be paid from said deposit
unless approved by the municipality or municipal agency or approving
authority. If the amount deposited by an applicant exceeds the actual
cost of professional services, as approved by the municipality or
municipal agency or approving authority, the applicant shall be entitled
to a return of the excess, together with such interest as allowed
pursuant to N.J.S.A. 40:55D-53.1. If the actual cost of professional
services exceeds the amount deposited, the applicant shall immediately
pay such additional amount as is required to pay all actual costs
of professional services.
3.
Definitions; Charges. The term "professional personnel" or "professional
services" as used herein shall include the services of a duly licensed
engineer, surveyor, planner, attorney, realtor, appraiser, architects,
landscape architects, noise engineers and traffic engineers or other
expert who would provide professional services to ensure an application
meets performance standards set forth in the ordinance and other experts
whose testimony is in an area in which the applicant has presented
expert testimony. No applicant shall be charged for any municipal
clerical or administrative functions, overhead expenses, meeting room
charges or any of the municipal costs and expenses, except as provided
for specifically by statute, nor shall a municipal professional add
any such charge to his bill.
4.
Application Deemed Incomplete. Any application for development, as
defined by this chapter, or any other ordinance by the Borough of
East Newark or any law of the State of New Jersey, shall be deemed
"incomplete" if adequate escrows are not placed on deposit with the
municipality in accordance with the provisions of this chapter. The
escrows as required by this chapter shall be replenished by the applicant
upon reasonable notice of the municipality for any additional escrows
and the applicant's obligation to maintain adequate escrows shall
continue throughout the course of an application for a development
through the point of occupancy of that development or portion thereof
contained within that application.
5.
Charges by Professional Personnel. Professional personnel submitting
charges to the municipality or municipal agency or approving authority
for any of the services referred to in this chapter shall not charge
for any of the services contemplated by that section at any higher
rate or in any different manner than would normally be charged in
the municipality or by the municipal agency or approving authority
for similar work as ascertained by the professional's contract of
employment with the municipality or by resolution or by provisions
of this chapter. Payment of any bill rendered by a professional to
the municipality with respect to any service for which the professional
is entitled reimbursement under this chapter shall in no way be contingent
upon receipt of reimbursement from an applicant. The professional
is responsible to alert the municipality of potential deficits occurring
with a particular escrow account so that the municipality may have
adequate time to collect the potential shortage in the account.
6.
Fund or Depository for Deposits. Deposits received pursuant to this
chapter shall be deposited in a fund or depository approved for such
deposits by the State in an account bearing interest at the maximum
rate currently paid by the institution or depository on time or saving
deposits. All deposits received pursuant to this chapter shall be
held and administered in accordance with the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., and in particular, N.J.S.A. 40:55D-53.2,
including all rights of appeal and the appeal procedures that is provided
under N.J.S.A. 40:55D-53.4 within that statute. The municipality shall
notify the applicant, in writing, of the name and address of the institution
or depository in which the deposit is made and the amount of the deposit.
The municipality shall not be required to refund an amount of interest
paid on a deposit which does not exceed $100 for the year. If the
amount of interest exceeds $100 that entire amount shall belong to
the applicant and shall be refunded to him by the municipality annually
or at the time the deposit is repaid or applied to the purpose for
which it was deposited, as the case may be; except that the municipality
may retain for administrative expenses a sum equivalent to no more
than 33 1/3% of the entire amount which shall be in lieu of all
other administrative and custodial expenses.
7.
Escrow Deposits Required for Applications.
(a)
Minor site plan: for development application where the square
footage of the buildings is not greater than 3,000 square feet: $3,750.
(b)
Major site plan: for development application where the square
footage of the buildings is in excess of 3,000 square feet: $7,500.
(c)
Minor subdivision: for development of three or fewer lots as
defined by the Borough Ordinance: $3,750.
(d)
Major subdivision: for development of more than three lots:
$7,500.
(e)
Use variances: $4,500
[Ord. 10/19/95; Art. III; Ord. No. 17-07 § 1]
a.
When Required. A public hearing shall be required for all applications
except minor subdivision approval and final subdivision approval and
final site plan review.
b.
Availability of Maps and Documents Prior to Hearing. Any maps and
documents for which approval is sought at a hearing shall be on file
and available for public inspection at least 10 days before the date
of the hearing during normal business hours in the office of the administrative
officers. The applicant may produce other documents, records or testimony
at the hearing to substantiate or clarify or supplement the previously
filed maps and documents.
c.
Notice of Public Hearings.
1.
The applicant shall give notice of public hearings to the owners
of all real property, as shown on the current tax records, located
within 200 feet in all directions of the property in question.
2.
Said notice shall state the date, time and place of the hearing; the nature of the matters to be considered; and identification of the property proposed for subdivision or development by street address and block and lot numbers as shown on the current tax duplicate in the East Newark Tax Assessor's office, a duplicate copy of which shall be forwarded to the administrative officer. The notice will also indicate that the maps and documents will be available at a specific time and location for public inspection pursuant to subsection 31-3.3b.
3.
Notice shall be given at least 10 days prior to the date of the public
hearing.
4.
Proof of service upon property owners and proof of publication in
affidavit form shall be submitted to the administrative officer no
less than 48 hours prior to the commencement of the public hearing.
d.
Certification of List of Persons Entitled to Notice. Upon the written
request of an applicant, the Administrative Officer of the respective
boards of the Borough of East Newark shall, within seven days, make
and certify a list from said current tax duplicates of names and addresses
of owners to whom the applicant is required to give notice. The applicant
shall be entitled to rely upon the information contained in such list,
and failure to give notice to any owner not on the list shall not
invalidate any hearing or proceeding.
e.
Other Notification. The applicant shall provide that notice for a
hearing on an application for the development of property be given
by personal service or certified mail to:
1.
The Clerk of a municipality involving property within 200 feet of
said municipality.
2.
The County Planning Board where the property is adjacent to an existing
County road or proposed road shown on the Official County Map or on
the County Master Plan, or where the property affects a County land
or is situated within 200 feet of a municipal boundary.
3.
The Commissioner of Transportation where the property is adjacent
to a State highway.
4.
The Director of State and Regional Planning in the Department of
Community Affairs for an application exceeding: 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be filed with the administrative officer of East Newark.
5.
Public utilities, cable companies and local utilities who possess
a right-of-way in the municipality and have registered with the Borough
in accordance with N.J.S.A. 40:55D-12.1.
f.
Effect of Mailing Notice. Any notice made by certified mail shall
be deemed complete upon mailing.
g.
Verbatim Recording Required. The approving authority shall provide
for the verbatim recording of the proceedings by either stenographer
or mechanical or electronic means for public hearings. The authority
shall furnish its transcript, or duplicate recording in lieu thereof,
on request to any interested party at his expense.
h.
Written Findings and Conclusions. Each decision of the approving
authority shall be in writing and shall include findings of facts
and conclusions based thereon.
i.
Copies and Notification of Decision.
1.
A copy of the decision shall be mailed by the approving authority
within 10 days of the date of decision to the applicant or, if represented,
to his attorney, without separate charge, and to all who request a
copy of the decision for a fee as specified herein. A copy of the
decision shall also be filed by the approving authority in the office
of the administrative officer. The administrative officer shall make
a copy of such filed decision available to any interested party for
a fee as specified herein and available for public inspection at his
office during reasonable hours.
2.
A brief notice shall be published in the official newspaper of the
community. Such publication shall be arranged by the approving authority.
The period of time in which an appeal of the decision may be made
shall run from the publication of the decision.
[Ord. 10/19/95; Art. III]
a.
The rules, regulations and standards contained herein shall be considered
the minimum requirements for the protection of the public health,
safety and welfare of the citizens of the Borough of East Newark.
Any action taken under the terms of this chapter shall give primary
consideration to the above-mentioned matters and to the welfare of
the entire community. However, if the applicant can clearly demonstrate
that, because of peculiar conditions pertaining to his land the literal
enforcement of one or more of these regulations is impracticable or
will exact undue hardship the approving authority may permit such
waivers as may be reasonable and within the general purpose and intent
of the rules, regulations and standards established by this chapter.
b.
The waived provisions of this section shall be applicable to the
entire chapter herein except where specifically prohibited by law.
[Ord. 10/19/95; Art. III]
Any site plan or subdivision application requiring County Planning
Board or other governmental approval shall be submitted by the applicant
to the Hudson County Planning Board or other governmental agency for
review and approval. The approving authority shall condition any approval
that it may grant upon timely receipt of a favorable report on the
application by the County Planning Board or other governmental agency
or the approval of the County Planning Board or other governmental
agency by its failure to report thereon within the required time period.
[Ord. 10/19/95; Art. III]
Whenever a corporation is the applicant before the approving
authority said corporation must be represented by an attorney.
[Ord. 10/19/95; Art. IV]
a.
Any applicant for land subdivision shall submit 10 copies of a sketch plat of the proposed subdivision for the purpose of classification and preliminary discussion and 10 copies of the application form. The sketch plat shall be submitted to the administrative officer at least two weeks prior to the regular meeting of the approving authority. If the applicant wishes to proceed as a major subdivision without applying for a sketch plat classification, he may proceed as provided in Section 31-6.
c.
The sketch plat shall be based on Tax Map information or other similarly
accurate base, at a scale not less than 200 feet to the inch. The
entire tract shall be shown on one sheet. It shall show or include
the following information.
1.
The location of the portion of lots to be subdivided in relation
to the entire tract.
2.
All existing structures and wooded areas on the parcels to be subdivided
and within a 200-foot radius of the extreme limits of the parcels
to be subdivided.
3.
A map indicating all lots, with dimensions of same, within a 200-foot
radius of the extreme limits of the parcels to be subdivided.
4.
The names of owners of property to be subdivided and of all adjoining
properties as they appear on the most recent municipal tax records.
5.
Tax Map sheet, block and lot numbers.
6.
Lot dimensions and bearings of parcels to be subdivided, including
areas after subdivision computed to the nearest tenth of a square
foot.
7.
The location of all structures on the parcels to be subdivided, including
offsets to property lines.
8.
All streets, roads and streams within 500 feet of the subdivision.
[Ord. 10/19/95; Art. IV]
Ten copies of an application shall be submitted to the administrative officer, in writing, on forms supplied by the approving authority. Receipt of an application for minor submission approval shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 31-3, shall be submitted with the application form.
[Ord. 10/19/95; Art. IV]
a.
Map Requirements. The application shall be accompanied by 10 copies
of the proposed subdivision accurately drawn to a scale of not less
than one inch equals 50 feet, certified by a licensed land surveyor
as to existing features and boundaries. The minor subdivision plat
shall be in conformance with the Map Filing Act, P.L. 1960 c. 141
(N.J.S.A. 46:23-9.9 et seq.). All design features shall be prepared
by a licensed professional engineer. The map shall indicate:
1.
The location of the portion of lots to be subdivided in relation
to the entire tract.
2.
All existing structures and wooded areas on the parcels to be subdivided
and within a 200-foot radius of the extreme limits of the parcels
to be subdivided.
3.
A map indicating all lots, with dimensions of same, within a 200-foot
radius of the extreme limits of the parcels to be subdivided.
4.
The names of owners of property to be subdivided and of all adjoining
properties as they appear on the most recent municipal tax records.
5.
Tax Map sheet, block and lot numbers.
6.
Lot dimensions and bearings of parcels to be subdivided including
areas after subdivision computed to the nearest tenth of a square
foot.
7.
The location of all structures on the parcels to be subdivided, including
offsets to property lines.
8.
All streets, roads and streams within 500 feet of the subdivision.
9.
Basements, streets, buildings, watercourses, railroads, bridges,
culverts, drainpipes, rights-of-way, drainage easements and prior
variances.
10.
History of any previous action or restrictions on the property.
b.
Applicant's Responsibilities.
2.
The approving authority may also require the following:
[Ord. 10/19/95; Art. IV]
a.
The approving authority shall grant or deny approval within 45 days
of submission of a complete and perfected application or within such
time as may be consented to, in writing, by the applicant.
b.
Failure of the approving authority to act within the time period
shall constitute minor subdivision approval. A certificate by the
Borough Clerk, whose signature shall be sufficient in lieu of the
Chairman and Secretary of the approving authority, as to the failure
of the approving authority shall be issued on request of the applicant
and shall be so accepted by the County Recording Officer for the purposes
of filing subdivision plats.
c.
Whenever review or approval is required by the County Planning Board
or a State agency, under appropriate circumstances, the approving
authority shall not accept an application as perfected unless receipt
of approval is received from the County or State agency. The approving
authority may condition its approval upon a timely receipt of a favorable
report from said County or State agency.
[Ord. 10/19/95; Art. IV]
a.
Minor subdivision approval shall be deemed to be final approval of
the subdivision subject to N.J.S.A. 40:55D-47 et seq.
b.
Approval of a minor subdivision shall expire 190 days from the date
of approval by the approving authority unless within such a period
a plat in conformance with the Map Filing Act, P.L. 1960 c. 141 (N.J.S.A.
46:23-9.9 et seq.) or a deed clearly describing the approved minor
subdivision is filed by the developer with the County Recording Officer,
the Borough Engineer and the Tax Assessor. In addition, copies shall
be submitted to the Borough Clerk, Construction Official, the County
Board of Taxation and the approving authority Clerk.
Any such plat or deed accepted for such filing shall have been
signed by the Chairman and Secretary of the approving authority.
[Ord. 10/19/95; Art. IV]
a.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, shall not be changed or abridged for a period
of two years after the date of minor subdivision approval, provided
that the approved minor subdivision shall have been duly recorded
as provided herein.
b.
If a minor subdivision is granted on a particular tract of land,
another minor subdivision on the same tract of land shall not be given
until at least two years after the first minor subdivision has been
granted.
[Ord. 10/19/95; Art. IV]
Before recording a minor subdivision plat or deed in lieu thereof, the approving authority may require the installation and maintenance of on and off-tract improvements. Said improvements may require the furnishing of performance and maintenance guaranties in accordance with Sections 31-14 and 31-16 herein.
[Ord. 10/19/95; Art. V]
Sixteen copies of an application shall be submitted to the administrative officer in writing on forms supplied by the approving authority. Receipt of an application for preliminary major subdivision approval shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 31-3, shall be submitted with the application form.
[Ord. 10/19/95; Art. V]
a.
The application shall be accompanied by 16 copies of the proposed
subdivision accurately drawn to a scale of not less than one inch
equals 50 feet, certified by a licensed land surveyor as to existing
features and boundaries. The subdivision plat shall be in conformance
with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et
seq.). All design features shall be prepared by a licensed professional
engineer.
b.
Preliminary Plat Details. The preliminary plat shall contain the
following:
1.
Date: All revisions shall be noted and dated.
2.
A key map showing the location of the tract with reference to the
surrounding properties, existing streets and streams within 500 feet
of the subdivision.
3.
Title of development; North arrow; scale; block and lot number; the
name and address of the record owner; the name and address of the
applicant; the name and address, license number and seal of the person
preparing the subdivision. If the owner of the premises is a corporation,
the name and address of the president and secretary shall be submitted
on the application.
4.
All distances shall be in feet and decimals of and all bearings shall
be given to the nearest 10 seconds.
5.
The names, as shown on current tax records, of all owners of property
within 200 feet of the subdivision together with the block and lot
numbers of the said property.
6.
The zoning district in which the parcel is located together with
the zone boundaries within 200 feet of the extreme limits of the property
in question.
7.
Survey data showing boundaries of the property building or setback
lines and lines of existing and proposed streets, lots, reservations,
easements and areas dedicated to public use, including grants restrictions
and rights-of-way, to be prepared by a licensed land surveyor.
8.
Reference to any existing or proposed covenants, deed restrictions,
exceptions or variances covering all or any part of the parcel. A
copy of such covenants, deed restrictions, exceptions or variances
shall be submitted with the application.
9.
The distances, measured along the right-of-way lines of existing
streets abutting the property to the nearest intersections with other
public streets.
10.
Location of existing and all other structures, including walls, fences,
culverts and bridges, with spot elevators of such buildings and structures.
Structures to be removed shall be indicated by dashed lines; structures
to remain shall be indicated by solid lines.
11.
Location of all existing and proposed storm drainage structures and
utility lines, whether publicly or privately owned, with pipes sizes,
grades and direction of flow, locations and inlets, manholes or other
appurtenances and appropriate invert and other elevators. If any existing
utility lines are underground, the estimated location of said utility
lines shall be shown.
12.
Existing and proposed contours, referred to United States and Geodetic
Survey datum, with a contour interval of one foot slopes of less than
3%; an interval of two feet for slopes of more than 3% but less than
15% or more. Existing contours are to be indicated by dashed lines
and proposed contours are to be indicated by solid lines.
13.
Location of existing rock outcrops, high points, watercourses, depressions,
ponds, marshes, wooded areas and other significant existing features,
including previous flood elevations of watercourses, ponds and marsh
areas, as determined by survey.
14.
All proposed streets, with profiles, indicating grating; cross sections
showing the width of roadways and sidewalks; and location and size
of utility lines conforming to Borough standards and specifications.
15.
The location of all existing and proposed waterlines, valves and
hydrants and all sewer lines or alternative means of sewerage and
sewage disposal and treatment.
16.
Existing and proposed stormwater drainage system. All plans shall
be accompanied by a separate sketch showing all existing drainage
within 500 feet of any boundary, and all areas and any other surface
area contributing to the calculations, and showing methods used in
the drainage calculations.
17.
Acreage, to the nearest tenth of an acre, of tract to be subdivided
and the area, in square feet, of all lots.
18.
Such other information or data as may be required by the approving
authority, the County Planning Board or other governmental agencies
for determining that the details of the subdivision are in accordance
with the standards of this chapter and all other applicable laws,
ordinances or resolutions.
[Ord. 10/19/95; Art. V]
a.
Preliminary Subdivision Plat Review.
1.
The applicant shall submit the preliminary subdivision application
and plat maps and payment of all required fees to the administrative
officer, who shall submit copies of the preliminary plat to the following:
(a)
Approving authority attorney;
(b)
Borough Engineer;
(c)
Planning consultant;
(d)
Construction Official;
(e)
Secretary of Board of Health;
(f)
Superintendent of Public Works;
(g)
Fire Chief;
(h)
Police Chief;
(i)
Water Purveyor;
(j)
County Board of Taxation;
(k)
Board of Education;
(l)
Shade Tree Commission;
(m)
Other municipal officials and agencies as directed by the approving
authority.
2.
These persons and Boards shall make recommendations to the approving
authority in writing within 14 days of the application submission.
The approving authority shall take the said recommendations into account,
but shall have the authority to proceed in the absence of such recommendations
if the approving authority finds such recommendations not to be essential
to its determination.
3.
If the preliminary plat is found to be incomplete, the applicant
shall be notified by certified mail thereof within 35 days of the
date of submission, or it shall be deemed to be perfected as to content.
4.
Where adjustments or changes are required in the plat submission,
the applicant shall be required to modify the plat in order to qualify
as a perfected application as to content and for public hearing purposes.
b.
Approving Authority Review. The approving authority shall review
the application for preliminary subdivision approval and shall ensure
that the following requirements have been met:
1.
The detailed drawings, specifications and estimates meet all applicable
codes and ordinances as well as recommendations, where appropriate,
of municipal officials and agencies.
2.
Proof has been submitted that no taxes or assessments are due or
delinquent on property for which preliminary subdivision approval
is sought.
3.
All requirements of other governmental units have been paid or posted
as required herein.
4.
All requirements of other governmental units have been complied with.
c.
Other Governmental Approvals. Any preliminary approval required for
County subdivision approval or any other County, State or Federal
approval shall be submitted by the applicant for review and approval.
The approving authority shall not take final action until approval
is granted by said governmental agency or a statement is issued authorizing
the municipal approving authority to proceed in its application, except
as provided as above.
d.
Public Hearings. Upon submission of a perfected application, the
approving authority shall schedule a public hearing for the applicant.
The applicant shall meet all of public hearings.
e.
Time Period in Which to Act. The approving authority shall grant,
condition or deny preliminary subdivision approval within 45 days
of receipt of a perfected and complete application or within such
further time as may be consented to by the applicant for a subdivision
of 10 or fewer lots, or 95 days for a subdivision containing more
than 10 lots. Failure of the approving authority to act within the
prescribed time periods or to obtain an extension from the applicant,
in writing, shall constitute a preliminary approval by the approving
authority.
f.
Applicant's Responsibilities. Prior to approving acceptance of a
preliminary subdivision, the applicant shall be required to:
[Ord. 10/19/95; Art. V]
a.
If the approving authority acts favorably on a preliminary plat,
the applicant shall submit four copies of a correct map to the administrative
officer. The Chairman and Secretary shall affix their signatures to
the plat, with a notation that it has received preliminary approval,
and one such plat shall be returned to the applicant for compliance
with final approval requirements.
b.
Except as provided herein, preliminary approval of a major subdivision
shall confer the following rights for a three year period from the
date of approval to the applicant.
1.
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 dimensions and off tract improvements, except that
nothing herein shall be construed to prevent the Borough from modifying,
by ordinance, such general terms and conditions of preliminary approval
as relate to public health and safety.
2.
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 subdivision plat, as the case be.
3.
That the applicant may apply for and the approving authority 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 beyond the three year period.
c.
In the case of a subdivision of 50 acres or more, the approving authority
may grant the rights referred to in paragraphs b1, 2 and 3 above for
such a period of time longer than three years as shall be determined
by the approving authority to be reasonable, taking into consideration
the number of dwelling units and nonresidential floor area permissible
under preliminary approval, economic conditions and the comprehensiveness
of the development. The applicant may apply for thereafter and the
approving authority may thereafter grant an extension to preliminary
approval for such additional period of time as shall be determined
by the approving authority to be reasonable, taking into consideration
the number of dwelling units and nonresidential floor area permissible
under preliminary approval, the potential number of dwelling units
and nonresidential floor area of the section or sections awaiting
final approval, economic conditions and the comprehensiveness of the
development, provided that if the design standards have been revised,
such revised standards shall govern beyond the three-year period.
d.
Failure to obtain final approval within the prescribed time limits
as herein defined shall void the preliminary plat approval.
[Ord. 10/19/95; Art. VI]
Ten copies of an application shall be submitted to the administrative officer in writing, on forms supplied by the approving authority. Receipt of an application for final approval shall be filed no less than 14 days prior to the regular meeting of the approving authority. Required fees, as provided in Section 31-3, shall be submitted with the application form.
[Ord. 10/19/95; Art. VI]
a.
Ten print copies shall be submitted for final subdivision approval.
Unless the preliminary plat is approved without changes, the final
plat shall have incorporated all changes or modifications required
by the approving authority.
b.
Final Plat Details. The final plat shall be drawn at a scale of not
less than one inch equals 50 feet and in compliance with all the provisions
of the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.).
The final plat shall show or be accompanied by the following:
1.
Date, name and location of the subdivision, the name of the owner,
graphic scale and reference meridian.
2.
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land reserved or dedicated to public
use, all lot lines and other site lines, with accurate dimensions,
bearing or deflection angles, and radii, arcs and central angles of
all curves, and the area of each lot.
3.
The names, exact locations and widths of all existing and recorded
streets intersecting or paralleling the plot boundaries within a distance
of 200 feet.
4.
The purpose of any easement or land reserved for or dedicated to
public use shall be designated, and the proposed use of site, other
than residential, shall be noted.
5.
Lot, block and street numbers as approved by the Borough Engineer,
including lot and block numbers of abutting property.
6.
Minimum building setback line on all lots and other sites.
7.
Location and description of all monuments.
8.
Names of the owners of adjusting unsubdivided land.
9.
Certification by the applicant's surveyor and engineer as to accuracy
of details of plat.
10.
Certification that the applicant is the agent or owner of the land
or that the owner has given consent under an option agreement.
11.
When approval of a plat is required by any other officer or body
of a municipality, County or State, such approval shall be certified
on the plat, or evidence shall be submitted that an application has
been made for such approval.
12.
Proposed final grade of all streets shall be shown to a scale of
one inch equals five feet vertical and one inch equals 50 feet horizontal,
on sheets 22 by 36 inches, and drawings shall include both plans and
profiles and shall show elevations of all monuments referred to United
States Coast and Geodetic Survey level bench marks, and such elevations
shall be shown in feet and hundredths of a foot.
13.
Plans and profiles of storm and sanitary sewers and water mains.
14.
Certificate from the Tax Collector that all taxes are paid to date.
15.
Written proof that the lands set aside or shown for easement, public
use or streets are free and clear of all liens and encumbrances.
16.
Contours of five-foot intervals for slopes averaging 10% or greater
and at two-foot intervals for land of lesser slope.
[Ord. 10/19/95; Art. VI]
a.
Final Subdivision Plat Review.
1.
The applicant shall submit the completed application and maps and
the payment of all required fees to the administrative officer, who
shall submit copies of same to:
2.
The said persons and boards shall make recommendations in writing
to the approving authority within 14 days of the application submission.
b.
Determination as to Compliance. The Borough Engineer and the approving
authority attorney where appropriate, shall advise the approving authority
of the following:
1.
The nature of the improvements to be required as a condition of final
approval.
2.
The estimated value of the improvements installed or to be installed.
3.
The nature and amount of performance or maintenance guaranties, if
any to be required as a condition to final approval.
4.
The provisions of open space reservation or dedication and the standards
for open space approval.
5.
The amounts to be deposited to reimburse the approving authority
and the Borough for costs incurred for legal, engineering, planning
and professional reviews and work, for recording fees and for any
other costs anticipated by the approving agency, where applicable.
6.
Any other conditions upon which final approval will be required to
submit the following for the approving authority approval.
c.
Applicant's Responsibilities. The applicant shall be required to
submit the following for the approving authority approval.
1.
Maintenance guaranties, if any, for work completed prior to final
approval.
2.
Evidence of compliance with any other conditions imposed by the approving
authority or other governmental agency or utility.
3.
Proof that all required fees and escrow funds have been paid as required
herein.
4.
Proof that no taxes or assessments for local improvements are due
or delinquent on property for which final subdivision approval is
sought.
d.
Other Governmental Approvals. Any final approval required for County
subdivision approval and any other County, State or Federal approval
shall be submitted by the applicant for review and approval. The approving
authority shall not take any final action until approval is granted
by said governmental agency or a statement is issued authorizing the
municipal approving authority to proceed in its application, except
as provided above.
e.
Approving Authority Action.
1.
Final approval shall be granted or denied within 45 days after submission
of a complete and perfected application to the administrative officer
or within such further time as may be consented to by the applicant.
Failure of the approving authority to act within the period prescribed
shall constitute final approval, and a certificate of the Borough
Clerk as to the failure of the approving authority to act shall be
issued on request of the applicant and it shall be sufficient in lieu
of the written endorsement or other evidence of approval and shall
be so accepted by the County Recording Officer for purposes of filing
subdivision plats.
2.
Unless the preliminary plat has been approved without changes, the
final plat shall incorporate all changes or modifications required
by the approving authority.
3.
The final plat shall be accompanied by a certificate of the Borough
Engineer that he is in receipt of a map which shows all utilities
in exact location and elevation and which identifies the utilities
already installed. The certificate shall also state:
4.
If the approving authority approves the final plat, a notation to
that effect shall be made on each plat and shall be signed by the
Chairman and Secretary of the approving authority.
5.
Copies of the final plat shall be filed by the approving authority
with the following:
f.
Filing of Final Subdivision Approval Plats.
1.
Final subdivision approval shall expire 95 days from the date of
signing of the plat unless within such period the plat shall have
been duly filed by the applicant with the County Recording Officer.
2.
The approving authority may for good and sufficient cause shown extend
the period of recording for an additional period not to exceed 190
days from the date of signing the plat.
3.
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved in the approving authority as indicated on the instrument by the signature of the Chairman and Secretary of the approving authority or a certificate has been issued pursuant to the provisions of c. 291. P.L. 1975. The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guarantees required pursuant to Sections 31-14 and 31-16 of the chapter, where appropriate. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void and upon request of the Borough of East Newark, the plat shall be expunged from the official records.
4.
In accordance with N.J.S.A. 40:55D-54c it shall be the duty of the
County Recording Officer to notify the approving authority, in writing,
within seven days of the filing of any plat, identifying such instrument
by its title, date of filing and official number.
[Ord. 10/19/95; Art. VI]
a.
The zoning requirements applicable to the preliminary subdivisions approval first granted and all other right conferred upon the applicant pursuant to Section 31-6 of the chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the applicant has followed the standards prescribed for final approval and has duly recorded the plat as required, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to Section 31-6 herein for the section granted final approval.
b.
In the case of a subdivision of site plan for a planned development
or planned residential development or residential cluster of 50 acres
or conventional subdivision of 150 acres or more, the approving authority
may grant the rights referred to in paragraph a of this section for
such time period, no longer than two years, as shall be determined
by the approving agency to be reasonable, taking into consideration
the number of dwelling units and nonresidential floor area permissible
under final approval, economic conditions and the comprehensiveness
of the development. The applicant may apply thereafter, and the approving
authority may thereafter grant, an extension of final approval for
such additional period of time as shall be determined by the approving
authority to be reasonable, taking into consideration the number of
dwelling units and nonresidential floor area permissible under final
approval, the number of dwelling units and nonresidential floor area
remaining to be developed, economic conditions and the comprehensiveness
of the development.
[Ord. 10/19/95; Art. VII]
a.
Except as provided herein, no building or excavation permit shall
be issued for a building, structure or use or any enlargement, expansion
or change of use unless a site plan is first submitted and approved
by the approving authority.
b.
No certificate of occupancy shall be given unless all construction
and conditions conform to the site plan as approved, unless conditionally
approved by the approving authority as provided herein.
[Ord. 10/19/95; Art. VII]
a.
Site plan review shall not be required for single or two family detached
dwellings or for such accessory uses as a private garage, toolhouse,
garden and private greenhouses, swimming pools and other similar uses
incidental to a single or two family detached dwelling or for similar
improvements as accessory uses to a principal use.
b.
Site plan approval shall not be required where:
1.
Minor repairs to the interior of a building do not involve structural
change or enlargement of the building, as determined by the Construction
Official.
2.
Renovations or alterations to the exterior design of a building or
structure do not involve any enlargement of the building or major
structural change, as determined by the Building Inspector.
c.
However, the Construction Official, at his discretion, may refer
any application for a building permit to the approving authority for
site plan approval. Paragraph b1 and 2 notwithstanding, where in the
Construction Official's judgment the construction, reconstruction,
alteration or change of use will affect circulation, water supply,
sewage disposal, drainage, landscaping, signs, lighting, off-street
parking or loading or the lack of any or all of these factors, environmental
factors and other considerations as specified in this chapter.
d.
Except as provided in paragraph b1 and 2 herein, all construction,
reconstruction, alteration or enlargement of a building, structure
or use or a change of use or occupancy on or in a nonconforming structure,
use or lot shall require site plan approval.
[Ord. 10/19/95; Art. VII]
a.
An application shall be submitted to the administrative officer in writing, in triplicate, on forms supplied by the approving authority. Receipt of an application for preliminary site plan approval shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 31-3, shall be submitted with the application form.
b.
The approving authority shall accept simultaneous applications for
preliminary and final site plan approval where so requested by the
applicant, provided that all of the conditions, requirements and safeguards
established for preliminary and final site plan approval are adhered
to.
[Ord. 10/19/95; Art. VII]
a.
Preliminary Site Plan Review.
1.
The applicant shall submit the preliminary site plan application
and plat maps and payment of all required fees to the administrative
officer, who shall submit copies of the preliminary plat to the following:
(a)
Approving authority attorney;
(b)
Borough Engineer;
(c)
Planning Consultant;
(d)
Construction Official;
(e)
Secretary of Board of Health;
(f)
Superintendent of Public Works;
(g)
Fire Department;
(h)
Police Department;
(i)
Water Purveyor;
(j)
Shade Tree Commission;
(k)
Beautification and Environmental Committee.
2.
The professionals and boards shall make recommendations to the approving
authority in writing within 14 days of the application submission.
The approving authority shall take the said recommendations into account
but shall have the authority to proceed in the absence of such recommendations
which are not essential to its determination.
3.
If the preliminary site plan is found to be incomplete, the applicant
shall be notified thereof within 35 days of the date of submission,
or it shall be deemed to be perfected as to content.
4.
Where adjustments or change are required in the site plan submissions,
the applicant shall be required to modify the plat in order to qualify
as a perfected application as to content and for public hearing purposes.
b.
Other Governmental Approvals. Any preliminary site plan approval
required for County site plan approval or for any other County, State
or Federal agency shall be submitted by the applicant for review and
approval. The approving authority shall not take any final action
until approval is granted by said governmental agency or a statement
is issued authorizing the municipal approving authority to proceed
in its application, except as provided herein.
[Ord. 10/19/95; Art. VII]
a.
The approving authority shall grant, condition or deny preliminary
site plan approval within 45 days of receipt of a perfected and complete
site plan application for a site plan of 10 acres or less or within
such further time as may be consented to by the applicant for both
classes of site plans.
b.
Failure of the approving authority to act within the prescribed time
periods or to obtain an extension from the applicant, in writing,
shall constitute a preliminary approval by the approving authority.
[Ord. 10/19/95; Art. VII]
a.
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:
1.
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 dimensions and on-tract and off-tract improvements;
and any requirements peculiar to the specific site plan. The municipality
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 by ordinance subsequent to approval.
2.
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.
3.
That the applicant may apply for and the approving authority may
grant extensions on such preliminary approval for an additional period
of one year, but not to exceed a total extension on two years, provided
that if the design standards have been revised by ordinance, such
revised standards may govern.
b.
In the case of a site plan for an area 50 acres or more, the approving
authority may grant the rights referred to in paragraphs a, 1, 2 and
3 above for such a time period, longer than three years, as shall
be determined by one approving authority to be reasonable, taking
into consideration the number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval, economic
conditions and the comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
may govern.
c.
Failure to obtain final approval within the prescribed time limits
as herein defined shall void the preliminary plat approval.
[Ord. 10/19/95; Art. VII]
An application shall be submitted to the administrative officer in writing, in triplicate, on forms supplied by the approving authority. Receipt of an application for final approval of a site plan shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as approved in Section 31-3, shall be submitted with the application form.
[Ord. 10/19/95; Art. VII]
a.
Final Site Plan Review.
1.
The applicant shall submit the final site plan application and plat
maps and payment of all required fees to the administrative officer,
who shall submit copies of the plat to the following:
2.
The said professionals and boards shall make recommendations to the
approving authority, in writing, within 14 days of the application
submission. The approving authority shall take the said recommendations
if the approving authority finds such recommendations not to be essential
to its determination.
b.
The approving authority shall approve the application for final site
plan approval with or without conditions, provided that the following
requirements have been met:
1.
The detailed drawings, specifications and estimates meet all applicable
codes and ordinances.
2.
The final plans are substantially the same as the approved preliminary
site plan and conditions governing same.
3.
All improvements have been installed or bonds posted to ensure the
installation of improvements.
4.
The applicant agrees, in writing, to all conditions of final approval.
5.
Proof has been submitted that no taxes or assessment for local improvements
due or delinquent on property for which final site plan approval is
sought.
6.
All applicable fees have been paid prior to any final action by the
approving authority.
7.
Requirements of other governmental units have been complied with.
c.
Other Governmental Approvals. Any final site plan approval required
for County approval or any other County, State or Federal agency approval
shall be submitted by the applicant for review and approval. The approving
authority shall not take any final action until approval is granted
by said governmental agency or a statement is issued authorizing the
municipal approving authority to proceed in its application, except
as provided above.
d.
Time Period in Which to Act.
1.
The approving authority shall grant, condition, or deny final site
plan approval within 45 days of receipt of a perfected and complete
site plan application or within such further time as may be consented
to by the applicant.
2.
Failure of the approving authority to act within the prescribed time
period or to obtain an extension from the applicant, in writing, shall
constitute final approval, and a certificate of the Borough Clerk
as to the failure of the approving authority to act shall be sufficient
in lieu of the written endorsement or other evidence of approval.
e.
Final Site Plan Approval Authorization. Upon approval of the site
development plan and upon compliance with all conditions, the Engineer
and the Chairman and the Secretary of the approving authority shall
be authorized to sign the plan, and the Secretary shall affix the
seal of the Board. The tracing shall be and remain a permanent record
of the approving authority, and the applicant shall supply to the
approving authority the number of prints reasonably required for its
records. A print shall be forwarded to each of the professionals identified
above.
[Ord. 10/19/95; Art. VII]
a.
Final approval shall terminate the time period of preliminary approval
for the section granted final approval and shall guarantee the applicant
the zoning requirements applicable to the preliminary approval and
all other rights conferred upon the applicant as part of preliminary
approval, shall not be changed for a period of two years after the
date of final approval.
b.
Final approval shall expire two years from the date of final approval
unless the applicant has secured a building permit to commence construction.
The approving authority may extend final approval and the protection
offered in the above for one year. Up to three such extensions may
be granted.
c.
In the case of a site plan for a planned development of 50 acres,
or conventional site plan for 150 acres or more, the approving authority
may extend the rights granted under final approval for such a period
of time, longer than two years, as shall be determined by the approving
authority to be reasonable, taking into consideration the number of
dwelling units and nonresidential floor area permissible under final
approval, economic conditions and the comprehensiveness of the development.
The applicant may apply for thereafter, and the approving authority
may thereafter grant, an extension of final approval for such additional
time as shall be determined by the approving authority to be reasonable
taking into consideration the number of dwelling units and nonresidential
floor area permissible under final approval, the number of dwelling
units and nonresidential floor area remaining to be developed, economic
conditions and the comprehensiveness of the development.
d.
The approving authority may, as a condition of final approval:
1.
Grant final approval only for designated geographic sections of development.
2.
Grant final approval for certain work but require resubmission for
final approval for designated elements, such as but not limited to
landscaping, signs, street furniture, etc., and require approval of
these elements as a prerequisite for a certificate of occupancy or
zoning permit.
3.
Condition the granting of a certificate of occupancy or zoning permit,
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 or zoning permit. This may include but is not limited to
the installation of improvements, reevaluation of circulation patterns,
etc.
[Ord. 10/19/95; Art. VII]
a.
Site Plan Amendments. Amended site plan applications shall be filed
with the approving authority and shall be considered at the next regular
meeting date of the approving authority, provided that the amended
application is received no less than 14 days before said meeting date
and that said amendments are minor in nature.
b.
Compliance.
1.
All proposed improvements of development indicated on the approved
site plan shall meet the requirements of all applicable codes, ordinances
and specifications of the community, County, State or Federal governments
and other agencies with jurisdiction over matters pertaining to site
development.
2.
It shall be the joint responsibility of the Engineer and the Construction
Official to enforce their respective rules and regulations to ensure
compliance with the site plan approval map and other specified conditions
as may be imposed on the development.
c.
Site Plan Binding. The site plan, as approved by the approving authority,
shall be binding upon the applicant. Any changes from the approved
plan shall require resubmission and reapproval by the approving authority,
except as provided above.
d.
Revocation of Building Permit or Certificate of Occupancy. In the
event of a failure to comply with any condition of site plan approval,
the Construction Official, on his own initiative or upon recommendation
from the Engineer, may revoke the building permit or certificate of
occupancy, as the case may be, and seek to enjoin the violation or
take such other steps as permitted by law.
[Ord. 10/19/95; Art. VIII]
a.
The applicant shall observe the following requirements and principles
of land subdivision in each subdivision or portion thereof.
b.
The subdivision plat shall conform to the design standards that will
encourage good development patterns within the Borough. Where either
an Official Map or Master Plan or both have been adopted, the subdivision
shall conform to the proposals and conditions shown thereon. The streets,
drainage rights-of-way, school sites, public parks and playgrounds
shown on an adopted Master Plan or Official Map shall be considered
in approval of subdivision plats.
[Ord. 10/19/95; Art. VIII]
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets or with a minimum right-of-way of 50 feet.
a.
Minor Streets. Minor streets shall be designed as to discourage through
traffic unless deemed necessary by the approving authority.
b.
Regional Highways. Subdivisions abutting regional highways may be
required to provide a marginal service road or reverse frontage with
a buffer strip for planting, or some other means of separation of
through and local traffic as the approving authority may determine
to be appropriate.
c.
Pavement Width of Streets. The pavement width of all streets shall
be a minimum of 30 feet for all local streets and may be greater for
collector and arterial streets.
d.
Minimum Right-of-Way Width. The right-of-way width shall be measured
from lot line to lot line and shall not be less than 50 feet in either
case, except when shown at a greater width on the Master Plan or Official
Map of the Borough of East Newark or said street constitutes an extension
on an existing street with a greater width than 50 feet.
e.
Substandard Street Right-of-Way and Pavement Width. In connection
with subdivisions that adjoin or include existing streets that do
not conform to widths as shown on the Master Plan or Official Map
or the street width requirements of this chapter, the applicant shall
dedicate additional right-of-way or pavement width along either one
or both sides of said road. If the subdivision is along one side only,
1/2 of the required extra width shall be dedicated.
f.
Street Grades. Grades of arterial and collector streets shall not
exceed 6%. Grades on other streets shall not exceed 10%. No street
shall have a minimum grade of less than 1/2%.
g.
Street Intersections. Street intersections shall be as nearly at
right angles as is possible and in no case shall be less than 60°.
The block corners at intersections shall be rounded at the curbline
with a curve having a radius of not less than 20 feet.
h.
Street Jogs. Street jogs shall have center-line offsets of not less
than 125 feet.
i.
Reverse-Cut Tangents. A tangent is at least 100 feet long and shall
be introduced between reverse curves on arterial and collector streets.
j.
Street Line Deflection. When connecting street lines deflect from
each other at any one point by more than 10° and not more than
45°, they shall be connected by a curve with a radius of not less
than 100 feet for minor streets and 300 feet for arterial and collector
streets.
k.
Changes in Grade. All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
l.
Cul-de-Sac Streets. Dead end streets (cul-de-sac) shall not be longer
than 600 feet and shall provide a turnaround at the end with a radius
of not less than 50 feet and tangent whenever possible to the right
side of the street. If a dead-end street is of a temporary nature,
a singular turnaround shall be provided and provisions made for future
extension of the street and reversion of the excess right-of-way to
the adjoining properties.
m.
Street Names. No street shall have a name which will duplicate or
so nearly duplicate as to be confused with the names of existing streets.
The continuation of an existing street shall have the same name. The
Police Department shall approve the names of all streets.
n.
Sidewalks. Where sidewalks are required, there shall be provided
a minimum walkway width of four feet constructed in accordance with
the requirement of the Borough Engineer.
[Ord. 10/19/95; Art. VIII]
a.
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area by Zoning
Ordinance and to provide for convenient access, circulation control
and safety of street traffic.
b.
In blocks of 1,000 or more feet in length, pedestrian crosswalks
may be required in locations deemed necessary by the approving authority.
Such walkways shall be at least 10 feet wide in right-of-way with
a five-foot wide improved pavement surface. Said walkway may also
include other improvements, including streetlighting.
c.
For all uses, including commercial, industrial and planned development
group areas, block size shall be sufficient to accommodate the proposed
uses and to permit reasonable access, circulation and firefighting
and emergency services.
[Ord. 10/19/95, Art. VIII]
a.
Lot dimensions and areas shall not be less than the requirements
of the Zoning Ordinance.
b.
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
c.
Each lot must front upon an approved and improved street with a right-of-way
width of at least 50 feet in width, except as provided herein.
d.
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra-width line, and all setbacks shall
be measured from such line.
e.
Where there is a question as to the suitability of a lot or lots
for their intended use due to such factors as rock formations, drainage
conditions, watercourses, historic sites, flood conditions or similar
circumstances, the approving authority may, after adequate investigation,
withhold approval of such lots.
[Ord. 10/19/95; Art. VIII]
a.
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially with the lines of such watercourses
and such further width or construction, or both, as will be adequate
for the purpose.
b.
Natural features, such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision containing
such features.
c.
Any public use as defined herein shall be use of suitable size, shape
and location under the provision of reservation contained herein.
d.
In a large-scale development, easements along rear property lines
or elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and shall be located in consultation
with the utility companies or municipal departments concerned.
[Ord. 10/19/95; Art. VIII]
All installations of water mains, culverts and storm and sanitary
sewers shall be connected with an approved system and shall be adequate
to handle all present and probable future development.
[Ord. 10/19/95; Art. VIII]
a.
For all major subdivisions, the applicant shall arrange with the
serving utility for the underground installation of all utility distribution
supply lines and service connections in accordance with the provisions
of the applicable standard terms and conditions incorporated as a
part of its tariffs as the same are then on file with the State of
New Jersey, Board of Public Utility Commissioners, and shall submit
to the approving authority prior to the granting of final approval
a written instrument from each serving utility which shall evidence
full compliance with the provisions of this subsection; provided,
however, that lots in such electric and telephone service from such
overhead lines, but the service connections from the utilities overhead
lines shall be installed underground. The location in the proposed
subdivision shall be developed in conjunction with and as part of
the complete subdivision plan.
b.
Whenever the utility is not installed in the public right-of-way,
an appropriate utility easement not less than 20 feet in width shall
be provided.
c.
The approving authority may in its discretion waive the installation
of the underground utilities where such installation will result in
peculiar and exceptional practical difficulties to or exceptional
and undue hardship upon the applicant by reason of exceptional topographic
conditions or by reason of other extraordinary and exceptional situation
or condition of the lands in such subdivision.
d.
Whenever underground utilities are installed in accordance with the
provisions hereof, fire alarm systems servicing the development shall
also be installed in an appropriate subsurface distribution system
connecting the necessary alarm stations. The manner of installation
and the number and location of alarm stations shall be in a manner
approved by the Fire Department.
[Ord. 10/19/95; Art. VIII]
a.
No topsoil shall be removed from the site or used as spoil. Topsoil
moved during the course of construction shall be redistributed so
as to provide at least six inches of cover to all areas of the subdivision
and shall be stabilized by seeding or planting.
b.
In all applications for subdivision, the applicant shall meet the
requirements of Chapter 251, Laws of 1975, the New Jersey, Soil Erosion
Control Act. The applicant shall provide evidence of approval from
the Soil Conservation Service, where applicable, prior to action by
the approving authority or required public hearings.
[Ord. 10/19/95; Art. IX]
a.
All applications for site plan approval shall be prepared, signed
and sealed by a professional engineer or architect. They shall bear
the signature and seal of a licensed land surveyor as to topographic
and boundary survey data.
b.
All site plans shall comply with the requirements hereinafter set
forth and shall contain the following information and data where applicable.
1.
A title block shall be indicated in the lower right-hand corner of
the plan and shall include the name and address of the applicant,
including the block and lot number of the site; the title of the development;
and the name, address, license number and seal of the person preparing
the plan. If the owner is a corporation, the name and address shall
be submitted with the application.
2.
A date block of the site plan adjacent to the title block containing
the date of preparation. All subsequent revisions shall be noted and
dated.
3.
A key map showing the location of the tract with reference to surrounding
properties, existing railroads, streets, streams, rivers, drainage
rights-of-way and water or utility rights-of-way or easements within
500 feet of the boundaries of the subject premises.
4.
A scale of not less than 50 feet to the inch shall be used and a
graphic representation of the scale shall be displayed, and a North
arrow. All distances and dimensions shall be in feet and decimals
of a foot and all bearings shall be given to the nearest 10 seconds.
5.
A map indicating all parcels and lots, together with the names of
all owners of adjacent property within 200 feet of the subject premises
with the respective block and lot numbers of said properties, as shown
on the current municipal tax records.
6.
Zone boundaries shall be shown on the site plan as they affect the
parcel. Adjacent zone districts within 200 feet shall also be indicated.
Such features may be shown on a separate map or as a key on the detail
map itself.
7.
Property lines of the entire property, required building setback
lines and lines of existing and proposed streets, lots, reservations,
easements and areas dedicated to public use, including grants, restrictions
and rights-of-way. The total area of the subject property shall be
indicated in square feet.
8.
Reference to any existing covenants that are in effect or are intended
to cover all or any of the tract. A copy of such covenants, deed restrictions,
easements or exceptions shall be submitted with the application. If
there are no known covenants, deed restrictions, easements or exceptions
affecting the site, a notation to that effect shall be indicated on
the site plan.
9.
Location of existing buildings on the site which shall remain and
all other structures, such as walls, fences, culverts, bridges, roadways,
etc., with spot elevations of such structures. Structures to be removed
shall be indicated by dashed lines; structures to remain shall be
indicated by solid lines.
10.
Right-of-way and pavement widths of all streets upon which the subject
property has access. All distances as measured along with right-of-way
lines existing streets abutting the property to the nearest intersection
with any other street.
11.
Location plans and elevations of all proposed buildings and other
structures, including required yard and setback areas, building height
in feet and stories and lot coverage calculations.
12.
Location, height, dimensions and details of all signs either freestanding
or affixed to a building. Where signs are not to be provided, a notation
to that effect shall be indicated on the site plan.
13.
Location of all storm drainage structures, including rim and invert
elevations, and sediment control devices and utility lines whether
publicly or privately owned, with pipe sizes, grades, and direction
of flow; and, if any existing utility lines are underground utility
lines shall be shown.
14.
Existing and proposed contours, referred to United States Coast and
Geodetic Survey datum, with a contour level of one foot for slopes
of 3% or less; an interval of two feet for slopes of more than 3%
but less than 15% and an interval of five feet for slopes of 15% or
more. Existing contours are to be shown by dashed lines and proposed
contours are to be clearly indicated by solid lines.
15.
Location of existing rock outcrops, high points, watercourses, depressions,
woodland areas and other significant existing features, including
previous flood elevations of watercourses where available and ponds
and marsh areas as may be determined by the survey.
16.
All proposed streets with profiles indicating grading; and cross
sections showing width of roadway, location and width of sidewalk,
where required, and location and size of utility lines according to
community standards and specifications.
17.
The proposed use or uses of land and buildings and proposed location
of buildings, including proposed grades. Floor space of all buildings
and estimated number of employees, housing units or other capacity
measurements, where required, shall also be indicated. If the precise
use of the building is unknown at the time of the application, an
amended plan showing the proposed use shall be required prior to a
certificate of occupancy.
18.
All means of vehicular ingress and egress to and from the site onto
public or private streets, showing the size and location of driveways
and curb cuts, including the possible organization of traffic channels,
acceleration and deceleration lanes, additional width and other traffic
controls which may be required. Improvements, such as roads, curbs,
sidewalks and other design detail, shall be indicated, including dimensions
of parking stalls, access aisles, curb radii, direction of traffic
flow and other conditions as may be required in the Zoning Ordinance
or this chapter.
19.
The location and design of any off-street parking areas or loading
areas showing size and location of bays, aisles and barriers.
20.
The location of all proposed waterlines, valves and hydrants and
all sewer lines or alternative means of water supply or sewage disposal
and treatment in conformance with the applicable municipal standards
and appropriate utility companies, where applicable, including rim
and invert elevations.
21.
The proposed location, direction of illumination, power and time
of proposed outdoor lighting in conformance with applicable standards
of the community, including type of standards to be employed, radius
of light and intensity in foot-candles.
22.
The proposed screening and landscaping and a planting plan indicating
natural vegetation to remain and areas to be planted and type of vegetation
to be utilized.
23.
The proposed stormwater drainage system as to conform with designs
based on a fifteen-year storm, using one hour intensity of 2.0 inches.
All site plans shall be accompanied by a plan sketch showing all existing
drainage within 500 feet of any boundary, and all areas such as paved
areas, grassed areas, wooded areas and any other surface area contributing
to the calculations and methods used in the determination.
24.
Such other information or data as may be required by the approving
authority in order to determine that the details of the site plan
are in accordance with the standards of the Zoning Ordinance or standards
contained herein.
25.
Such other information or data as may be required by the approving
authority for determination that the details of the site plan are
in accordance with all applicable municipal, County and State ordinances
and regulations.
[Ord. 10/19/95; Art. IX]
The following legends shall be indicated on the site plan.
a.
To be signed before submission:
|
I CONSENT TO THE FILING OF THIS SITE PLAN WITH THE BOROUGH OF
EAST NEWARK.
| |
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Applicant
|
Date
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b.
To be completed before submission:
SITE PLAN OF _________________________________________
LOT ______________ BLOCK ______________ ZONE _________
DATE ____________________ SCALE ______________________
APPLICANT ___________________________________________
ADDRESS _____________________________________________
c.
To be signed before submission:
|
I HEREBY CERTIFY THAT I HAVE PREPARED THIS SITE PLAN AND THAT
ALL DIMENSIONS AND INFORMATION ARE CORRECT.
| |
|
| |
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Name
| |
|
| |
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Title and License Number
| |
d.
To be signed before issuance of building permit:
|
APPROVED BY THE ________________________________ OF THE BOROUGH
OF EAST NEWARK.
| |
|
| |
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Date
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Chairperson
|
e.
To be signed before __________ approval is given.
|
I HAVE REVIEWED THIS SITE PLAN AND CERTIFY THAT IT MEETS ALL
CODES AND ORDINANCES UNDER MY JURISDICTION.
| |
|
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Date
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Engineer
|
f.
To be signed before issuance of building permit:
|
I HEREBY CERTIFY THAT ALL REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED
OR THAT A PERFORMANCE GUARANTY HAS BEEN POSTED IN ACCORDANCE WITH
______________ OF THE SITE PLAN ORDINANCE.
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|
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Construction Official
| |
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Engineer
| |
g.
To be signed prior to issuance of a certificate of occupancy:
|
I HEREBY CERTIFY THAT ALL THE REQUIRED IMPROVEMENTS OF THIS
SITE PLAN HAVE BEEN INSTALLED IN COMPLIANCE WITH ALL APPLICABLE CODES
AND ORDINANCES.
| |
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Date
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Engineer
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Date
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Construction Official
|
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OCCUPANCY PERMIT ISSUED
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Date
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[Ord. 10/19/95; Art. X]
In reviewing any application for site plan approval, conditional
use; approval or combinations thereof, the approving authority, advisory
boards, professional advisers and the applicant shall be guided by
the general and specific requirements contained herein.
a.
Circulation.
1.
The circulation system shall consider pedestrian and vehicular traffic
movement within and adjacent to the plat with particular emphasis
on the provision and layout of parking areas, off-street loading and
unloading and movement of people, goods, and vehicles from access
roads, within the site and between buildings and vehicles.
2.
All parking spaces shall be usable and 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 and egress to the site.
b.
Building Design and Layout. The design and layout of buildings and
parking areas shall be reviewed so as to provide an aesthetically
pleasing design and efficient arrangement. Particular attention shall
be given to safety and fire protection; impact on surrounding development
and contiguous and adjacent buildings and lands; and environmental
considerations.
c.
Lighting. Adequate lighting shall be provided to ensure safe movement
of persons and vehicles for security purposes. Directional lights
shall be arranged so as to minimize glare and reflection on adjacent
properties.
d.
Buffering. Buffering, where required, shall be located around the
perimeter of the site to minimize headlights of vehicles, noise, light
from structures and the movement of people and vehicles and to shield
activities from adjacent properties. Buffering may consist of fencing,
evergreens, shrubs, bushes or deciduous trees, or combinations thereof,
to achieve the stated objectives.
e.
Landscaping. Landscaping shall be provided as part of the overall
plan designed and integrated into building arrangements, topography
and parking and buffering requirements. Landscaping shall include
trees, bushes, shrubs, ground cover, perennials, annuals, plants,
sculpture, art, street furniture and the use of building and paving
materials in an imaginative manner.
f.
Signs. Signs shall be designed so as to be aesthetically pleasing
and harmonious with other signs on the site and located so as to achieve
their purpose without constituting hazards to vehicles and pedestrians.
g.
Utilities.
1.
Storm drainage, sanitary waste disposal, water supply and solid waste
disposal shall be reviewed and considered. Particular emphasis shall
be given to the adequacy of existing systems and the need for improvements
to adequately carry runoff and sewage and to maintain an adequate
supply of water at sufficient pressure.
2.
Solid waste disposal shall be reviewed to ensure frequent collection,
aesthetic considerations and protection against vermin and rodents.
All systems shall meet municipal specifications as to installation
and construction.
h.
Environmental Considerations.
1.
Environmental elements relating to soil erosion and sedimentation,
preservation of trees, protection of watercourses and water quality,
noise pollution, topographic limitation areas, wetland areas and other
environmental and ecological factors will be reviewed, where appropriate,
to minimize adverse development effects.
2.
Provisions shall be made for the elimination of all loud and offensive
noise to the general public.
[Ord. 10/19/95; Art. X; Ord. No. 17-07 § 1]
a.
Number of Parking Spaces Required. The number of off-street parking
spaces required shall be as set forth in the following table. If determination
of the number of required parking spaces results in a fractional space,
the fraction shall require one additional parking space.
Off-Street Parking Requirements
|
Use
|
Required Parking Spaces
|
|---|---|
|
Banks and savings institutions
|
1 for each 300 square feet of floor area or 8 for each teller
window, whichever is greater
|
|
Bowling lanes
|
5 for each lane
|
|
Churches and other places of worship
|
1 for each 3 seats or 1 for each 72 inches of seating space
when benches rather than seats are used
|
|
Community buildings, social halls and places of public assembly
|
1 for each 2 seats, except that where a specific amount of seating
is undetermined, then 1 space shall be required for each 75 square
feet of assemblage area
|
|
Funeral homes and mortuaries
|
10 for each parlor or slumber room
|
|
Gasoline service stations
|
4 for each bay
|
|
Home occupations and professional occupations
|
2 for each 400 square feet of gross floor area devoted to use,
and 1 additional space for each employee
|
|
Industrial and manufacturing uses
|
1 for each 500 square feet of floor area or 2 for each 4 employees
in the maximum working shift, whichever is greater
|
|
Laboratory and research uses
|
1 for every 300 square feet of floor area
|
|
Medical or dental clinics or offices
|
4 for each doctor or dentist, plus 1 for each employee
|
|
Motels, hotels, and motor lodges
|
1 for each rental unit and, in addition, compliance with the
requirements for each particular additional use located on the property,
such as restaurants, eating and drinking establishments, retail stores
and meeting rooms
|
|
Nursing homes, hospitals and convalescing homes
|
1 for every 2 beds, plus 1 per staff member and employee in
the maximum work shift
|
|
Offices, businesses and professional (other than medical and
dental)
|
1 for every 250 square feet of floor area
|
|
Residential dwellings, except one- and two-family dwellings
|
2 for each dwelling unit
|
|
Restaurants, eating and drinking establishments and catering
halls
|
1 for every 2 1/2 seats, plus 1 for each 2 employees
|
|
Restaurants, fast-food
|
1 for each 2 seats, plus 1 for each 2 employees in the maximum
work shift, or a minimum of 40 parking spaces, whichever is greater
|
|
Retail stores, store groups, shops and shopping centers
|
1 for each 150 square feet of floor area where the floor area
shall not exceed 2,000 square feet; and 1 for each 175 square feet
of floor area where the floor area shall exceed 2,000 square feet
|
|
Schools:
| |
|
Elementary
|
3 for every 2 teaching stations
|
|
High school, business, college
|
3 for every 2 teaching stations, plus 1 space for every 3 students
of driving age
|
|
Theaters
|
1 for each 3 seats
|
|
Wholesale establishments, warehouses and furniture stores
|
1 for each 600 square feet of floor area
|
|
Mixed land uses
|
Mixed land uses in the same building shall be calculated as
the sum of the individual uses unless the applicant can demonstrate
to the approving authority that the parking characteristics of the
individual uses are such that the total needs of the development are
less than the sum of the parts, and the number of spaces to be provided
will satisfy the lesser need
|
|
Other uses not provided herein
|
To be determined by the approving authority
|
b.
Location of Parking Spaces. The approving authority shall approve
the location of all proposed parking spaces on the site and shall
take into consideration the size and topography of the site; visibility
from the site to the adjoining street, as well as within the parking
area; conditions of safety relating to the movement of people and
vehicles; and the glare, noise, dust and other similar considerations.
c.
Parking Area Design Standards.
1.
Aisle Width. Provision shall be made for the safe and adequate circulation
of pedestrians and vehicles within and adjoining the subject property.
The width of all aisles providing direct access to individual parking
stalls shall be in accordance with the standards established in the
following table. Only one-way traffic shall be permitted in aisles
of less than 24 feet.
|
Parking Angle
(degrees)
|
Minimum Aisle Width
(feet)
|
|---|---|
|
0 (parallel)
|
12
|
|
30
|
12
|
|
45
|
13
|
|
60
|
18
|
|
90 (perpendicular)
|
24
|
d.
Size of Parking Stalls.
1.
Parking stalls for churches, community buildings and social halls,
hospitals and nursing homes, manufacturing and industrial uses, business
and professional offices and wholesale and warehouse establishments
shall have a minimum area of 180 square feet of space exclusive of
aisles, and shall measure nine feet in width and 20 feet in length.
2.
For all other uses, there shall be a minimum area of 200 square feet
of space, exclusive of aisles, which shall measure 10 feet in width
and 20 feet in length.
e.
Circulation Within Parking Area.
1.
Except for attendant parking, all parking spaces shall be designed
free and clear of any obstruction to individual parking stalls.
2.
Such parking spaces shall be located in such a fashion as to permit
all vehicles to exit in a safe and orderly manner. Under no condition
shall vehicles be permitted to back out of a parking lot driveway
or otherwise block the free movement of traffic within the parking
area or specific points of safety control, such as fire hydrants,
doorways, elevators, or other similar locations.
3.
Aisle widths and circulation patterns shall be designed to permit
emergency and service vehicles, such as delivery trucks, solid waste
collection vehicles and the like, to have reasonable access to and
space for their intended functions.
4.
Pedestrian circulation patterns shall be, to as great an extent as
possible, separated from vehicle traffic. Safety zones, crossing points
and sidewalk areas, where warranted, shall be provided.
5.
The use of pedestrian carts or other similar accessory vehicles shall
not be permitted to be retained within the driving area of the parking
facility.
6.
Dead end parking aisles are prohibited except when unavailable as
determined by the Planning Board.
f.
Driveway Design Criteria.
1.
Location of Driveways.
(a)
All entrance and exit driveways to a public or private street
shall be so located as to afford maximum safety to said roadway and
to provide for safe and convenient ingress and egress and to minimize
conflict with the flow of traffic.
(b)
In no case shall there be permitted unrestricted access along
the length of the street or streets upon which the parking area abuts.
(c)
Where a site is located at the intersection of two streets,
no driveway entrance or exit shall be located within 50 feet of the
point where the curb return of the street intersection and the curbline
meet.
(d)
No part of any driveway shall be located closer than 20 feet
to any other driveway on an adjoining parcel nor shall more than one
driveway be located closer than 40 feet to another driveway on the
same site as measured from the closest edge of any two driveways along
the same right-of-way line.
(e)
No entrance or exit driveway shall be located on a traffic circle
or on a ramp of an interchange or within 50 feet of the beginning
of any ramp or other portion of an interchange.
2.
Geometric Design. The geometric design of a driveway connection to
a public or private street shall be governed by sound traffic engineering
principles. The following guidelines are utilized in preparing a geometric
design, but some deviation may be necessitated from time to time due
to the many variables encountered in the course of preparing a design.
The applicant should be aware, therefore, that although the driveway
layout may conform to these guidelines, conditions may dictate deviation
from them, and requirements of the Municipal Engineer shall be final.
(a)
Two-way operation. Driveways used for two-way operation will
intersect a public or private street at an angle as near to 90°
as site conditions will permit and in no case will be less than 60°.
(b)
One-way operation. Driveways used for vehicles in one direction
of travel (right-turn only) shall not form an angle smaller than 45°
with a public street.
(c)
The dimensions of driveways shall be designed to adequately
accommodate the volume and character of vehicles anticipated to be
attracted daily onto the land development for which a site plan is
prepared. The required maximum and minimum dimensions for driveway
connection to a public or private street at 90° are indicated
in the following table. Driveways serving large volumes of daily traffic
or traffic over 25% of which is truck traffic shall be required to
utilize high-to-maximum dimensions. Driveways serving low daily traffic
volume or traffic less than 25% of which is truck traffic shall be
permitted to use low-to-minimum dimensions.
|
Driveway Width, Depressed Curb and Curb Return Radius Standards
| ||||
|---|---|---|---|---|
|
One-Way Operation
| ||||
|
Driveway Width
(feet)
|
Depressed Curb
(feet)
|
Curb Return Radius
(feet)
| ||
|
Min.
|
Max.
| |||
|
3- to 10-family residences
|
12-15
|
32-35
|
20
|
30
|
|
Over 10-family residences
|
15-16
|
35-38
|
20
|
30
|
|
Commercial and industrial
|
15-30
|
35-50
|
35
|
45
|
|
Service stations
|
20-30
|
35-50
|
20
|
35
|
|
3- to 10-family residences
|
22-26
|
44-50
|
20
|
30
|
|
Over 10-family residences
|
24-30
|
46-52
|
25
|
35
|
|
Commercial and industrial
|
30-50
|
50-70
|
35
|
45
|
|
Service stations
|
40-50
|
50-60
|
20
|
35
|
|
Driveways connecting to a public or private street at an angle
shall have the same widths as shown in the above table. The width
of depressed curbs and the radius of curb returns shall provide for
the sharpest turning radii of vehicles using the driveway, keeping
said vehicles within their prescribed lanes.
|
(d)
Any vertical curve on a driveway shall be flat enough to prevent
the dragging of any vehicle undercarriage.
(e)
Should the sidewalk be so close to the curb at a depressed curb
driveway as to cause the ramp to be too steep and be likely to cause
undercarriage drag, the sidewalk shall be appropriately lowered to
provide a suitable ramp gradient.
g.
Maintenance of Off-Street Parking and Loading Areas. Every parcel
of land used as a public or private off-street parking or loading
area shall be maintained in good condition, free of hazards and deterioration.
All pavement areas, sidewalks, curbs, drainage facilities, lighting,
bumpers, guardrails, markings, signs, landscaping and other improvements
shall be maintained in workable, safe, and good condition.
h.
Waiver of Parking Requirements. If any applicant can clearly demonstrate
to the approving authority that, because of the nature of the operation
or use, the parking requirements of this section are unnecessary or
excessive the approving authority shall have the power to approve
a site plan showing less paved parking area than required by this
section; provided, however, that a landscaped area of sufficient size
to meet the deficiency shall be set aside and reserved for the purpose
of meeting future off-street parking requirements in the event that
a change of use of the premises shall make such additional off-street
parking spaces necessary.
i.
Other Off-Street Parking Requirements.
1.
Limitations as to Use. All off-street parking areas shall be used
solely for the parking of passenger automobiles, and no commercial
repair work or service of any kind shall be constructed on such parking
lot.
2.
Nonavailability. At any time the required off-street parking facilities
cease to be available as required, the certificate for the building
or buildings built in conjunction with such parking areas shall be
canceled and become null and void.
j.
Off-Street Parking Construction.
1.
All off-street parking areas shall be graded and drained so as to
dispose of all surface water in a manner so as not to unreasonably
impair the surroundings.
2.
All off-street parking areas, aisles and driveways shall be surfaced
with asphalt, bituminous or cement binder pavement according to specifications
established for this purpose by the Borough Engineer.
3.
All parking areas and access drives shall be edged by a concrete
curb or Belgian block set at least six inches above the paved surface.
[Ord. 10/19/95; Art. X]
a.
In any district, in connection with every building or building group
or part thereof hereinafter erected which is to be utilized by industrial
and commercial uses or requires the distribution of material or merchandise
by vehicles and for any residential development containing 30 or more
dwelling units and for large-scale public and quasi-public uses, there
shall be provided and maintained, on the same zone lot with such building,
off-street loading spaces in accordance with the requirements of the
following table.
|
Floor Area
(square feet)
| ||
|---|---|---|
|
Land Use1
|
At Which First Berth is Required
|
At Which Second Berth is Required2
|
|
Industrial:
|
5,000
|
40,000
|
|
Manufacturing
|
5,000
|
40,000
|
|
Warehouse
|
5,000
|
40,000
|
|
Laboratory, research
|
5,000
|
40,000
|
|
Commercial:
| ||
|
Wholesale
|
5,000
|
40,000
|
|
Retail
|
5,000
|
20,000
|
|
Service establishments
|
5,000
|
40,000
|
|
Commercial recreation
|
5,000
|
100,000
|
|
Restaurants
|
2,000
|
25,000
|
|
Office buildings
|
5,000
|
100,000
|
|
Hotels
|
10,000
|
100,000
|
|
Funeral homes
|
10,000
|
100,000
|
|
Residential:
| ||
|
Apartment buildings
|
20,000
|
100,000
|
|
Institutional, public:
| ||
|
Schools
|
10,000
|
100,000
|
|
Hospitals, nursing homes
|
10,000
|
100,000
|
|
Auditoriums, arenas
|
10,000
|
100,000
|
|
1
|
In the case of a multiple-use building, the amount of off-street
loading space required shall be equal to the sum of the parts unless
same can be demonstrated to be in excess, as shall be subject to determination
by the approving authority.
|
|
2
|
An additional berth shall be required for each additional amount
of square feet as indicated as required between the need for one-
and two-berth intervals.
|
b.
Each such loading space shall not be less than 12 feet in width and
35 feet in length, depending upon the functions to be performed. The
overall floor-to-ceiling height or clear distance shall not be less
than 12 feet, which may be increased where required.
c.
Except for required buffer areas, each such loading zone space may
occupy any required side or rear yard but shall not be located in
the required front yard. When adjoining a residential use, institutional
use or place of general assembly, a suitable screened or landscaped
buffer shall be provided.
d.
Off-street loading spaces shall not be located within any fire prevention
zone, within 25 feet of any fire hydrant or within 10 feet of any
stairway, doorway, elevator or other general means of entry to and
from a building for the general public, nor shall it block or in any
way interfere with the free flow of pedestrians from any means of
ingress or egress, nor shall it interfere with the free flow of pedestrians
or vehicles. All such loading spaces shall be appropriately indicated
by sign or other visual communication as to said location.
e.
All loading and unloading operations shall be conducted entirely
within the boundaries of the lot concerned, and no vehicle or conveyance
shall in any manner use public streets, sidewalks or rights-of-way
for loading or unloading operations other than for ingress or egress
to the lot.
[Ord. 10/19/95; Art. X]
a.
Lighting. In connection with every site plan, the applicant shall
submit plans for all proposed exterior lighting. These plans shall
include the location, type of light, radius of light and intensity
in foot-candles. The following design standards shall be followed:
1.
The style of the light and light standard shall be consistent with
the architectural style of the principal building.
2.
The maximum height of freestanding lights shall not exceed the height
of the principal building or 35 feet, whichever is less.
3.
All lights shall be shielded to restrict the maximum apex angle of
the cone of illumination to 150°.
4.
Where lights along property lines will be visible to adjacent property,
the lights shall be appropriately shielded.
5.
Spotlight-type fixtures attached to buildings shall be avoided, except
where properly screened from adjacent properties.
6.
Freestanding lights shall be located and protected as to avoid being
damaged by vehicles.
7.
Lighting shall not be permitted which requires flashing or intermittent
illumination. Lighting which requires change in color, intensity or
hue shall likewise be prohibited. Said lighting shall in no way interfere
with, detract from or diminish in any way from the effectiveness of
any traffic signal or similar safety or warning device.
b.
Signs.
1.
Each site plan application shall include a sign plan showing the
specific design, location, size, construction and illumination.
2.
If the applicant is unable to provide said details for signs, the
approving authority shall condition its approval upon receipt of same
prior to the issuance of a certificate of occupancy and shall be subject
to the Borough Sign Ordinance.
[Ord. 10/19/95; Art. X]
a.
Landscaping. A landscaping plan shall be submitted with each site
plan application. The plan shall identify existing and proposed trees,
shrubs, bushes, plant material, ground cover and natural features
such as boulders and rock outcroppings.
b.
Buffer Areas. Buffers, including fences, landscaping, beams and mounds,
shall be used to minimize any adverse impacts or nuisances from the
site to adjacent areas and shall be provided:
1.
Along property lines shielding various uses from one another.
2.
Where interior roads or driveways run parallel with roadways exterior
to the site.
3.
Where parking areas abut other properties.
4.
In the general area of refuse storage areas, loading and unloading
areas and outdoor storage areas.
5.
As wind-break areas.
6.
To shield areas from deleterious noise or other adverse conditions.
[Ord. 10/19/95; Art. X]
a.
Gas, Electric and Telephone Service.
1.
Gas, electric and telephone service shall be provided by the applicant
in concert with the appropriate public utility providing such service.
Said service on the site shall be provided as a part of an underground
system.
2.
If such facilities cannot be reasonably provided due to topographic
or geologic condition of the land or due to technological circumstances,
and where the applicant can adequately demonstrate the lack of feasibility
of same to the satisfaction of the approving authority, a waiver of
this requirement may be granted.
3.
Where existing utility lines, such as electric and telephone poles,
exist off-tract and require relocation as a result of the proposed
development, the approving authority shall be assured that said relocation
will not create or maintain any hazardous or dangerous conditions.
b.
Water Supply and Sanitary Sewage Disposal. Adequate provisions for
water supply and sanitary sewage disposal shall be indicated. Said
facilities shall include and not be limited to approvals, where appropriate,
of the engineer of the serving utility company, the Department of
Health and the Fire Department. The locations of all proposed fire
hydrants or similar facilities shall be indicated on the plan, and
said areas shall provide for appropriate fire lanes or protective
areas which shall not be impeded by parking or standing vehicles or
other obstructions, particularly in commercial centers.
c.
Stormwater Drainage.
1.
Provisions shall be made for the safe and adequate drainage of surface
runoff waters in and from the premises so that flooding and erosion
of the property and the property of others will be prevented.
2.
Each site plan submitted to the approving authority shall be reviewed
by the Engineer to establish requirements to prevent adverse drainage
conditions both on and off the site.
3.
The drainage systems shall be designed in conformance to accepted
engineering standards. To facilitate the review of proposed drainage
facilities for development, design calculations prepared by the applicant's
engineer shall accompany the application.
4.
The design considerations shall include but not be limited to drainage
areas, runoff calculations, storm drains, pipelines, inlet designs
and manholes.
5.
Unless otherwise stipulated by the Municipal Engineer, drainage facilities
shall be designed on the basis of a fifteen-year storm, using a one-hour
intensity of two inches.
[Ord. 10/19/95; Art. X]
a.
Curbing.
1.
General.
(a)
Where curbing is lacking, an applicant for site plan approval
shall install curbing along the extent of all property fronting public
and private streets in accordance with municipal standards and specifications.
(b)
The Municipal Engineer may require curbing within parking areas
in order to facilitate drainage and provide separation between pedestrian
and vehicular movement.
2.
Alignment and Grade. Curb grading and alignment is to be determined
as established in the area unless otherwise required by the Municipal
Engineer.
3.
Curbing at Driveway Openings. Where a proposed driveway is to serve
any land development of 50 or more parking spaces, curbing need not
be carried across the driveway opening as a depressed curb, but rather
may be swept back as curb returns. Where the driveway serves a facility
having less than 50 parking spaces, a depressed curb driveway shall
be utilized.
b.
Street Widening.
1.
The right-of-way width, measured from lot line to lot line, shall
not be less than 50 feet, except when shown at a greater width on
the Master Plan or Official Map or when said street constitutes an
extension of an existing street with a greater width than 50 feet.
2.
In connection with site plans that adjoin or include existing streets
that do not conform to widths as shown on the Official Map or Master
Plan or are less than 50 feet in width, the applicant shall dedicate
additional width along either one or both sides of said road. If the
site plan is along one side only, 1/2 of the required difference in
roadway width shall be dedicated.
c.
Sidewalks.
1.
Each land development requiring site plan approval may be required
to provide a sidewalk within the street right-of-way.
2.
Pedestrian walkways or sidewalks may also be required for any development
of 50 or more parking spaces within said parking area to provide convenient
and safe access for pedestrian circulation.
3.
Sidewalks shall be constructed of concrete, brick or other similar
material and shall be at least four feet in width.
4.
Sidewalks between parking areas and principal structures, along aisles
and driveways and wherever pedestrian traffic shall occur shall be
raised six inches or more above the parking area except when crossing
streets or driveways. Sidewalks, when constructed along a building,
shall be located not less than three feet from the building.
[Ord. 10/19/95, Art. X]
a.
Provision shall be made for the proper storage and collection of
refuse. All such storage shall be maintained within the confines of
an enclosed building or structure and shall be reasonably accessible
for vehicular collection on the site or shall be appropriately screened
and landscaped where outdoor storage is necessary.
b.
The Board of Health shall approve the location and method of collection
on the site.
[Ord. 10/19/95; Art. X]
a.
Retaining Walls. Retaining walls shall be designed to be safe and
adequate for the purpose intended. Said walls shall not detract from
the aesthetic beauty of the site when constructed and to this end
shall be fenced or landscaped in accordance with the plans to be approved
by the approving authority.
b.
Outdoor Storage. Outdoor storage, where permitted, shall be suitably
located and approved by the approving authority, which shall consider
the relationship of such areas to adjacent properties and roadways;
provided, however, that in all such cases where storage is permitted,
such areas shall be suitably screened.
c.
Design Standards for Physically Handicapped Persons.
1.
Applicability. In accordance with Chapters 220, 221 and 224 of the
Laws of 1975, all plans and specifications for the construction or
remodeling of any public building, as defined herein, shall provide
facilities for the physically handicapped.
2.
Design of Facilities and Buildings.
(a)
All public buildings shall contain at least one principal entrance
accessible to and usable by physically handicapped persons, which
entrance shall be either ramped or at ground level.
(b)
On each floor open to the public, at least one water closet
shall be provided for each sex. In general, toilet facilities shall
be provided to accommodate wheelchair occupants, which facilities
shall include adequate stall door width, grab rails, sufficient space
and appropriate height.
(c)
A drinking fountain of suitable height and extension for wheelchair
occupants shall be provided on every floor open to the public.
(d)
In a multistory building an elevator sufficient in size to accommodate
a wheelchair shall be provided.
(e)
At least one public telephone at a height accessible to wheelchair
occupants shall be provided.
3.
Parking Lot Design.
(a)
A minimum of 1% of the total number of parking spaces, but not
less than two parking spaces, shall be designed and designated for
physically handicapped persons. Said spaces shall be most accessible
and approximate to the building or buildings which the parking spaces
serve.
(b)
Each space or group of spaces shall be identified with a clearly
visible sign displaying the international symbol of access along with
the following wording: "These spaces reserved for physically handicapped
drivers."
(c)
Each space shall be 12 feet wide to allow room for persons in
wheelchairs or on braces or crutches to get in and out of either side
of an automobile onto level, paved surface suitable for wheeling and
walking.
(d)
Where possible, such spaces shall be located so that persons
in wheelchairs or using braces or crutches are not compelled to wheel
or walk behind parked cars.
(e)
Where applicable, curb ramps shall be provided to permit handicapped
people access from parking area to sidewalk.
4.
Sidewalks. A sidewalk hereafter constructed or reconstructed on public
or private property for public use shall be constructed in a manner
that will facilitate use by physically handicapped persons. At points
of intersection between pedestrian and motorized lines of travel,
and at other points where necessary to avoid abrupt changes in grade,
a sidewalk shall slope gradually to street level so as to provide
an uninterrupted line of travel.
[Ord. 10/19/95; Art. XI]
a.
Before recording final subdivision plats or approving site plan plats,
the approving authority shall require that the applicant shall have
installed or shall have furnished performance guaranties for the installation
of on-tract improvements in accordance with Borough specifications
as follows: streets, street signs, grading, pavement, curbs, gutters,
sidewalks, walkways, streetlighting, shade trees, water mains, fire
hydrants, culverts, storm sewers, sanitary sewers or other means of
sewage disposal, drainage structures, erosion control and sedimentation
control devices, public improvements of open space and surveyors'
monuments as required by the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A.
46:23-9.9 et seq.).
b.
All such required improvements shall be certified by the Borough
Engineer unless the applicant shall have filed a performance guaranty
sufficient in amount to cover the cost of all such improvements or
uncompleted portions thereof as estimated by the Borough Engineer.
[Ord. 10/19/95; Art. XI]
a.
The performance guaranty shall be furnished in favor of the Borough in an amount equal to 120% of the cost of installation for improvements it may deem necessary or appropriate as specified in subsection 31-14.2 herein.
b.
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 approving authority and the
Governing Body by resolution.
c.
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.
d.
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 partial approval
is indicated, the cost of the improvements rejected shall be set forth.
e.
The Governing Body shall either approve, partially approve or reject
the improvements on the basis of the report of the Borough Engineer
with the advice and consent of the approving authority 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 its 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.
f.
If any portion of the required improvements are 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.
g.
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.
h.
The performance guaranty shall be approved by the Governing Body
as to form, sufficiency and execution. Such performance guaranty shall
run for a period to be fixed by the approving authority. However,
with the consent of the owner and the surety, if there is one, the
Governing Body may, by resolution, extend the term of such performance
guaranty for an additional period not to exceed one year.
[Ord. 10/19/95; Art. XI]
a.
Prior to the acceptance of any improvement herein, a maintenance
guaranty shall be furnished in favor of the Borough of East Newark
for a period not exceeding two years after final acceptance of the
improvement, in an amount not to exceed 15% of the cost of the improvement.
b.
Simultaneously with the submission of a maintenance guaranty, the
applicant shall file with the Borough as-built drawings accurately
showing the location, profile and size of all storm drains, catch
basins, sanitary sewers, water mains and all utility and service connections
constructed in the subdivision or site plan.
[Ord. 10/19/95; Art. XI]
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 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.
[Ord. 10/19/95; Art. XI]
[Ord. 10/19/95; Art. XII]
a.
Any subdivision or site plan requiring off-tract improvements, as
defined herein, shall comply with the provisions of this section.
b.
An off-tract improvement shall be one or more required improvements
which are necessary for the successful completion of a development
in the interest of furthering the public health, safety and general
welfare, and where said improvements are located off-tract.
c.
An off-tract improvement shall be required where either the existing
facilities serving the area or subarea are already operating at a
deficient level of service, or the inclusion of a new development
will make such present level or service deficient according to engineering
standards utilized in determining such levels of service.
d.
The proportionate contribution of any such off-tract improvement
to the applicant shall be reasonably related to the relative benefit
or use of the total area so served.
e.
Under the conditions of this chapter, off-tract improvements shall
be limited to new or improved water distribution, sanitary sewage
disposal and distribution and stormwater and drainage distribution
facilities and all necessary appurtenances thereto; utility easements
to new or improved street and right-of-way widths, traffic regulation
and control devices, intersection improvements, utility relocation
where not provided elsewhere and other traffic, circulation and safety
factors which are directly related to the property or properties in
question.
f.
Off-tract improvements shall not include the improvement costs for
an entire utility system or street system or major segment thereof,
including sewage treatment plants or water supply or treatment facilities
or other similar undertaking, unless said improvement is significantly
affected by the property or properties in question.
[Ord. 10/19/95; Art. XII]
a.
Each subdivision or site plan requiring approving authority action
shall be subject to a determination and findings as follows:
1.
That certain off-tract improvements are or are not necessary to implement
such subdivision or site plan.
2.
That, in instances where off-tract improvements are required, the
terms and conditions which shall be imposed upon the applicant shall
ensure the successful and reasonable implementation of same.
b.
Regulations governing off-tract improvements shall be based upon
circulation and comprehensive utility plans pursuant to the adopted
Master Plan by the East Newark Planning Board or adopted utility or
circulation plans of East Newark or other governmental or utility
authority.
c.
In the event that the approving authority determines that one or
more improvements constitute an off-tract improvement, the approving
authority, by resolution, shall notify the Governing Body of same,
specifying the authority's recommendation relative to the estimated
cost of same, the owner or developer's pro rata share of the cost
and possible methods or means to implement same, including but not
limited to performance guarantees, cash contributions, development
agreements and other forms of surety.
d.
Where an applicant pays the amount determined as the 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 or such an amount.
e.
The approving authority shall not take any final action on a preliminary
subdivision or site plan until all aspects of such conditions have
been mutually agreed to by both the applicant and the Governing Body,
and a written resolution to that effect by the Governing Body has
been transmitted to the approving authority.
[Ord. 10/19/95, Art. XII]
a.
Performance and Maintenance Guarantees. Where a performance or maintenance guarantee or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedure and requirements as specified in Section 31-14.
b.
Development Agreement. Where a development agreement is required
governing off-tract improvements or other conditions as may be required
by this chapter or by the approving authority, said agreement shall
be in accordance with above. Said agreement may specify the amount
of cash contributions, if any, the method of payment and the obligation
or obligations to be the undertaking of the Borough of East Newark.
c.
Cash Contributions.
1.
When Not Required. Cash contributions for off-tract improvements
shall not be required under the following terms or conditions.
(a)
Where other County or State agencies or utility authority have
jurisdiction over the subject improvement and require a cash contribution
guaranty or other surety of the applicant in lieu of such conditions
imposed by Borough of East Newark; or
(b)
Where a benefit assessment or other similar tax levy is imposed
upon the applicant and other landowners similarly situated within
a designated service area for the off-tract improvements provided;
or
(c)
Where the applicant, where legally permissive, can undertake
the improvements in lieu of the municipality subject to standards
and other conditions as may be imposed by Borough of East Newark.
2.
Methods of Payment.
(a)
Where a cash contribution is required, said contribution will
be deposited with the Treasurer of the Borough of East Newark with
transmittal letters forwarded to the Governing Body, the Borough Engineer
and the approving authority.
(b)
Any and all moneys received by the Treasurer shall be deposited
in an escrow account for the purpose of undertaking the improvements
specified. Where such improvements are not undertaken or initiated
for a period of 10 years, the funds shall be returned to the owner
of record of said properties, provided that the conditions specified
in paragraph c1 of this subsection have not been imposed. Where such
condition does exist, funds held in escrow will be returned as soon
as practical to the owner of record of said properties.
[Ord. 10/19/95; Art. XII]
Where a cash contribution or other financial distribution is
determined the following criteria shall be utilized in determining
the proportionate share of such improvement to the applicant.
a.
Street widening, alignment, corrections, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvements not covered elsewhere,
the construction of new streets and other similar street or traffic
improvements. The applicant's proportionate cost shall be in the ratio
of the estimated peak-hour traffic generated by the proposed property
or properties to the sum of the present deficiency in peak-hour traffic
capacity of the present facility and the estimated peak-hour traffic
generated by the proposed development. The ratio thus calculated shall
be increased by 10% for contingencies.
b.
Water distribution facilities, including the installation of new
water mains, the extension of existing water mains, the relocation
of such facilities and the installation of other appurtenances associated
therewith. The applicant's proportionate cost shall be in the ratio
of the estimated daily use of water from the property or properties,
in gallons per day, for the existing system or subsystem and the estimated
daily use of water for the proposed development. The ratio thus calculated
shall be increased by 10% for contingencies.
c.
Sanitary sewage distribution facilities, including the installation,
relocation or replacement of collector and interceptor sewers and
the installation, relocation or replacement of other appurtenances
associated therewith. The applicant's proportionate cost shall be
in the ratio of the estimated daily flow, in gallons, to the sum of
the present deficient capacity for the existing system or subsystem
and the estimated daily flow from the proposed project or development.
In the case where the peak flow from the proposed development may
occur during the peak flow period for the existing system, the ratio
shall be the estimated peak flow rate from the proposed development,
in gallons per minute, to the sum of the proposed development. The
greater of the two ratios thus calculated shall be increased by 10%
for contingencies and shall be the ratio used to determine the cost
to the applicant.
d.
Stormwater and drainage improvements including the installation,
relocation or replacement of transmission lines, culverts and catch
basins, and the installation, relocation or replacement of other appurtenances
associated therewith. The applicant's proportionate cost shall be
in the ratio of the estimated peak surface runoff as proposed to be
delivered into the existing system, measured in cubic feet per second,
to the sum of the existing peak-hour flow, in cubic feet per second,
deficient for the existing system and the estimated flow as proposed
to be delivered. The ratio thus calculated shall be increased by 10%
for contingencies.
[Ord. 10/19/95; Art. XIII]
a.
Under the provisions of this chapter and State statutes, the Borough
of East Newark, other governmental agencies, the Board of Education
and State, County and other public bodies can be designed to maintain
and accept public open space for recreational or conservational use.
These public agencies can accept and maintain such open space, provided
that the dedication, is not conditioned upon the same being made available
to public use.
b.
Where a subdivision or site plan indicates an area is to be utilized
for open space, this chapter shall require that the applicant provide
for an organization for the ownership and maintenance of said open
space for the benefit of owners or residents of the development, if
said open space is not dedicated to the municipality or other governmental
agency. Such organization shall not be dissolved and shall not dispose
of any open space, by sale or otherwise, except to an organization
conceived and established to own and maintain the open space for the
benefit of such development, and thereafter such organization shall
not be dissolved or dispose of any of its open space without first
offering to dedicate the same to the Borough of East Newark wherein
the land is located.
c.
In the event that such organization shall fail to retain the open
space in reasonable order and condition, the administrative officer
designated by resolution to administer this section may serve written
notice upon the owners of the development setting forth the manner
in which the organization has failed to maintain the open space in
reasonable condition, and said notice shall include demand that such
deficiencies of maintenance be cured within 35 days thereof and shall
state the date and place of a hearing thereon, which shall be held
within 15 days of the notice. At such hearing, the designated municipal
body or administrative officer may modify the terms of the original
notice as to deficiency and may give a reasonable extension of time
not to exceed 65 days' within which they may be cured. If the deficiencies
set forth in the original notice or in the modification thereof shall
not be cured within said 35 days or any permitted extension thereof,
the Borough in order to preserve the open space and maintain the same
for a period of one year, may enter upon and maintain such land. Said
entry and maintenance shall not vest in the public any rights to use
the open space except when the same is voluntarily dedicated to the
public by the owners. Before the expiration of said year, the designated
Borough body or officer, as the case may be, shall, upon its initiative
or upon the request of the organization theretofore responsible for
the maintenance of the open space, call a public hearing, upon 15
days' written notice to such organization and to the owners of the
development, to be held by such Borough body or officer, at which
hearing such organization and the owners of the development shall
show cause why such maintenance by the Borough shall not at the election
of the Borough, continue for a succeeding year. If the designated
Borough body or officer shall cease to maintain said open space at
the end of said year. If the Borough body or officer shall determine
that such organization is not ready and able to maintain said open
space in reasonable condition, the Borough may in its discretion,
continue to maintain said open space during the next succeeding year,
subject to a similar hearing and determination in each year thereafter.
The decision of the Borough body or officer in any case shall constitute
a final administrative decision subject to judicial review.
d.
If a municipal body or officer is not designated by resolution to
administer this section, the Governing Body shall have the same powers
and be subject to the same restrictions as provided in this section.
e.
The cost of such maintenance by the Borough shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the open space in accordance with assessed value at
the time of imposition of the lien, and shall become a lien and tax
on said properties and be added to and be a part of the taxes to be
levied and assessed thereon and shall be enforced and collected, with
interest, by the same officers and in the same manner as other taxes.
[Ord. 10/19/95; Art. XIII]
a.
Applicability.
1.
If the Master Plan of East Newark or the Official Map of the Borough
provides for the reservation of designated streets, public drainageways,
flood control basins or public areas within the proposed development,
before approving a subdivision or site plan, the approving authority
may further require that such streets, ways, basins, or areas be shown
on the plat in locations, and sizes suitable to their intended uses.
The approving authority may reserve the location and extent of such
streets, ways, basins or areas shown on the plat for a period of one
year after the approval of the final plat or within such further time
as may be agreed to by the developer.
2.
Unless during such period or extension thereof the government entity
having jurisdiction 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 plat 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 street and roadways, flood control basins or
public drainageways necessitated by the subdivision or land development
and required for final approval.
b.
Compensation to Applicant. 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 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 real property taxes apportioned to 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 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 subdivision or site plan approval
caused by the resolutions.
c.
Procedure for Payment. To be determined by the Governing Body.
[1]
Editor's Note: Ordinance No. 17-07 deleted "Appeals to Governing
Body" previously codified in this subsection.
[Ord. No. 10/19/95; Art.
XIV; N.J.S.A. 40:55D-55]
a.
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which municipal approval is required, such person shall be subject
to a penalty not to exceed $1,000, and each lot disposition so made
may be deemed a separate violation.
c.
Effect on Transference, Purchase or Grantee. In any such action,
the transferee, purchaser or grantee is entitled to a lien upon the
portion of the land from which the subdivision was made that remains
at the possession of the developer or his assigns or successors to
secure the return of any deposit made or purchase price paid and also
to a reasonable search fee, survey expense and title closing expense,
if any. Any such action must be brought within two years after the
date of the recording of the instrument or transfer, sale or conveyance
of said land or within six years, if unrecorded.
[Ord. 10/19/95; Art. XIV]
[Ord. 10/19/95; Art. XV]
All amendments of this chapter shall be adopted in accordance
with the provision of New Jersey law.
[Ord. 10/19/95; Art. XV]
In the interpretation and the application of the provisions
of this chapter, they shall be held to be the minimum requirements
of the promotion of the health, safety, morals and general welfare.
It is not intended to interfere with or abrogate or annul its rules,
regulations or ordinances, provided that where this chapter imposes
greater restrictions, the provisions of this chapter shall apply.
