[Ord. #1950; Ord. #2564; Ord. #2715]
[Ord. #1950; Ord. #2715 § I; amended 10-13-2020 by Ord. No.
359810-13-2020 by Ord. No. 3598; 4-12-2022 by Ord. No. 3644]
a.
Site plan review and approval shall be required from the Planning
Board for all land development, improvement, rehabilitation, alteration
or change in use for any residential, institutional, commercial, industrial
development involving one or more of the following:
1.
An enlargement of a building area 750 square feet or more;
2.
The rehabilitation of 2,500 square feet or more of building area;
3.
Any vehicular parking or storage lot development in excess of 10
or more vehicles;
4.
Disturbance of any surface area of greater than 3,500 square feet.
Approval of the site plan shall be obtained prior to the commencement
of any excavations, compactions, removal of soil, clearing of a site,
construction or demolition or placing of any fill material on lands
contemplated for development. Site plan approval is a prerequisite
to the issuance of a building permit. No Certificate of Occupancy
shall be issued unless all construction and development conforms to
the plans as approved by the reviewing board. In circumstances where
the areas are less than the above and where there might involve substantial
changes in such matters as traffic, access and parking, lighting,
safety and buffer requirements, the Zoning Official shall review the
proposed development to determine if application to the Planning Board
is required, regardless of whether a proposed use is permitted.
b.
Exceptions to the requirements of § 20-1.1.
1.
Site plan review will not be required for the construction of a single
detached one- or two-family home which is not part of a planned unit
development, adjacent to a lot or lots to be developed or constructed
for a similar use within a period of one year of the date of a certificate
of occupancy.
2.
Site plan review shall not be required for interior renovations related
to changes in tenancy provided the proposed use is permitted and no
additional parking is required by the change in use.
3.
Site plan review and approval shall not be required from the Planning
Board for all land development, improvement, rehabilitation, alteration
or change in use for any residential, institutional, commercial, industrial
development involving one or more of the following, provided that
the application is approved by the Planning Board Site Plan Subcommittee
consisting of the Construction Official, Zoning Official, Township
Engineer, Township Planner, and Planning Board Chairman or a Planning
Board member designated by the Chairman and one class 4 member of
the Planning Board. The Planning Board Secretary shall be present
at the Planning Board Subcommittee meetings to record and distribute
meeting minutes.
[Ord. #1950]
If, prior to the issuance of a zoning permit, both site plan
approval and approval by the Board of Adjustment or the Township Governing
Body shall be required because of matters arising under the zoning
ordinance, the applicant shall first obtain site plan approval. Such
approval shall be conditioned on the granting of the required zoning
approval and shall not be effective unless and until the required
zoning approval shall have been granted. The Planning Board may make
a nonbinding recommendation to the Board of Adjustment as to whether,
in the opinion of the Planning Board, such zoning approval should
be granted.
[Ord. #1950; Ord. #2564 § 3]
Twenty-five copies of an application for site plan approval
on a form approved by the Planning Board and Zoning Board of Adjustment,
together with 25 copies of the site plan, shall be submitted to the
director of planning or his/her designee. Where County Planning Board
review is required by the Essex County Site Plan Review Resolution,
the applicant shall file a separate application together along with
any required materials with the Essex County Planning Board.
[Ord. #1950]
a.
Certification of Perfection. The site plan application shall not be considered perfected until it is certified by the zoning officer or, in his absence, the Township Engineer, that the application contains all pertinent information requested therein and that the site plan is in the form and shows all the information required by subsection 20-1.5. The determination of whether or not the application meets the requirements for perfection shall be made within three working days of submission of the application. The zoning officer shall notify the applicant of such determination with the reasons for lack of perfection if defects are found. The application shall not be considered as filed until it is certified as perfected.
b.
Distribution. The zoning officer shall mark each copy of the perfected
application with the date of certification of perfection and shall
transmit a copy of the application and site plan within 24 hours of
receipt thereof, to each of the following:
1.
Township Planning Board Secretary;
2.
Township Engineer;
3.
Township Police Chief or other Police Officers designated by the
Commissioner of Public Safety;
4.
Paid Fire Department Officer as designated by the Commissioner of
Public Safety;
5.
Township Shade Tree Commission;
6.
Planning Consultant to the Planning Board;
7.
Building Inspector;
8.
Township Attorney.
Three copies of the application and site plan shall be transmitted
by the building inspector to the chairman of the Township Planning
Board or to the chairman of the site plan committee if such committee
has been appointed.
c.
Site Plan Committee. If the board desires, it may, by resolution,
create a site plan committee to review applications prior to consideration
by the board and to make recommendations as to the need for changes
in the plan and/or opinions from officials and consultants.
d.
Referral to Officials and Consultants. If the board deems necessary
to its proper consideration of the site plan, it may request technical
advice from any or all of the officials, commissions and consultants
to which the plan has been transmitted under paragraph b above, and
any other Township officials or Township agency or expert consultant
on performance standards. The officials, agencies and consultants
shall submit written reports to the board concerning the site plan
prior to the second regular meeting following referral action by the
board. Failure to submit a report or to request an extension of time
to do so shall be deemed an affirmative statement that the official,
agency or consultant has no unfavorable comment to make.
e.
Planning Board Review. The board shall act on a site plan application, not later than the second regular meeting following the date of certification of perfection, by approving or disapproving the site plan or by referring it to one or more officials, agencies or consultants as provided by paragraph d above. If the action is referral, the board shall approve or disapprove the site plan not later than the third regular meeting following such referral action. The board shall notify the applicant and the zoning officer, in writing, of its action of approval, disapproval or referral. In disapproving a site plan, the board shall enter its reasons for such action in its records and submit a copy of such reasons to the applicant. When a site plan is approved, the chairman and secretary of the Planning Board shall sign and date the statement of approval on the site plan required by subsection 20-1.5. In considering approval or disapproval of the site plan, the board and its consultants and advisors shall be guided by the standards set forth in subsection 20-1.6. In approving a site plan, the board may attach such conditions as it deems necessary to bring the plan into conformance with such standards. In approving a site plan, the board shall state that such approval is contingent upon and shall not become final until approval of any necessary variance by the Board of Adjustment and approval by any Town, County State or Federal agency with jurisdiction over the proposed development.
[Ord. #1950]
The site plan shall be prepared, signed and sealed by a professional
engineer, architect or professional planner licensed to practice in
the State of New Jersey and shall bear the signature and seal of a
licensed land surveyor as to topography and boundary survey data.
The plan shall be drawn to a scale of not less than 20 feet
to the inch, unless the site is of such size that it cannot be shown
at this scale on a sheet 30 inches by 42 inches, in which case a scale
convenient to show the site on such sheet may be used. The site plan
shall be drawn on a sheet of one of the following sizes:
|
8 1/2 x 13 inches
|
24 x 36 inches
|
|
15 x 21 inches
|
30 x 42 inches
|
Each site plan shall have the following information:
a.
Name and title of applicant, owner and person preparing map.
b.
Place for signature of chairman and clerk of the Planning Board.
c.
Tax map lot and block numbers.
d.
Date, graphic scale and north sign.
e.
Bearing of all property lines with reference to north and south and
length of these lines.
f.
Zone district in which property in question falls and zone district
of adjoining property.
g.
All setback dimensions, landscaped areas, fencing and trees of over
six inch caliper.
h.
Location of all signs and exterior lighting with size of sign and
description of height of light fixtures and strength in watts and
direction of illumination.
i.
The location of the principal building and all accessory structures
with dimensions of the structures and of the distances to lot lines.
j.
Storm water system including roof leaders and inlets, and design
data supporting the adequacy of the system to handle future storm
flows.
k.
Sanitary sewage disposal system.
l.
Water supply system.
m.
All curbs, sidewalks, driveways, parking space layout, and off-street
loading areas with dimensions.
n.
Rights-of-way, easements and all lands to be dedicated to the Town
or County.
o.
The entire property in question, even though only a portion of the
property is involved in the site plan provided, however, that where
it is impossible to show the entire property on the required sheet,
a key map is permitted.
p.
Based on most recent tax records, names of owners and use of property
of all lands adjacent to the property and block and lot numbers for
all of the above.
q.
All property lines, streets, roads, retaining walls, rock outcrops,
marsh areas, ponds and streams within 200 feet of the property.
r.
All entrances and exits to public streets, both on the site and within
200 feet thereof.
s.
Existing and proposed contours, referred to U.S. coast and Geodetic
datum, with a contour interval of not more than two feet for slopes
less than 15% and an interval of five feet for slopes of 15% or more.
Existing contours shall be indicated by dashed lines and proposed
contours by solid lines.
t.
Proposed finished grade elevations at all corners of existing and
proposed buildings.
u.
The proposed use of each building, the use of each outdoor area,
the floor space of each building, the total number of parking spaces
and the estimated maximum number of employees. If the precise use
of a building is unknown at the time of application, an amended plan
showing the proposed use shall be required prior to issuance of certificate
of occupancy.
v.
The distances, measured along the right-of-way lines of existing
streets abutting the property, to the nearest intersections with other
streets.
w.
Satisfactory evidence of conformance to the performance standards
set forth by the zoning ordinance, where such standards are applicable.
Such evidence may be submitted with the site plan as a supplementary
document.
x.
Such other data as may be required by the Planning Board for determination
that the site plan is in accordance with the standards of this section,
the zoning ordinance and all other applicable Township ordinances.
[Ord. #1950]
All site plans shall be designed in accordance with the following
standards and shall meet all requirements of this chapter, the subdivision
ordinance and all other applicable Township ordinances, and shall
conform to all particulars of the adopted Township Master Plan and
Official Map.
a.
Off-Street Parking.
1.
The parking plan shall provide adequate access to and egress from
each parking space and shall provide for safe and adequate circulation
of pedestrians and vehicles. The width of all aisles or driveways
providing direct access to four or more individual parking stalls
shall be in accordance with the following requirements:
|
Aisle Width
(feet)
| ||
|---|---|---|
|
Parking Angle
(degrees)
|
9 Foot Stall Width
|
8.5 Feet Stall
|
|
0° (parallel parking)
|
12
|
12
|
|
30°
|
11
|
11
|
|
45°
|
13
|
13.5
|
|
60°
|
18
|
18.5
|
|
90° (perpendicular parking)
|
24
|
26
|
2.
Where possible, only one-way traffic shall be permitted in aisles
or driveways providing direct access to spaces placed at an angle
of other than 90° to the aisles or driveway. Any such aisle or
driveway providing for two-way traffic shall be at least 24 feet in
width.
3.
In all cases where there is sufficient space on the site, parking
intended for shoppers shall be angle parking, at an angle of between
30° and 60° to the access aisle. All parking spaces shall
be not less than 19 feet in length. Parking spaces for other than
employees shall be at least nine feet in width. Employee spaces shall
be at least 8.5 feet in width.
4.
Off-street parking areas shall be designed to prevent the maneuvering
of vehicles into or out of parking spaces within any portion of an
entrance driveway that is within 10 feet of the right-of-way line
of any street or within 20 feet of the right-of-way line of any County
road. Off-street parking shall be designed so as to permit all vehicles
to avoid the necessity of backing onto any street from the site. One-,
two- and three-family dwellings shall be exempt from the provisions
of this paragraph.
5.
No required off-street parking space, parking access lane or maneuvering
space shall be located within a proposed street right-of-way as shown
on the Belleville master plan or official map or the Essex County
Highway System Master Plan or official map.
6.
Where an off-street parking plan for the site in question is shown
on Belleville Master Plan, the Planning Board shall require that the
parking plan conform as closely as is practicable, the Planning Board
may require that the parking plan be adaptable to future conformance
to the master plan.
7.
All parking lots over 20,000 square feet in area shall have at least
5% of the area within the parking lot devoted to landscaping, including
shade trees. Such areas shall be not less than five feet in least
dimension and shall be located between, within or at the ends of parking
rows.
b.
Off-Street Loading.
1.
Off-street loading spaces shall be located so as to cause the lease
practicable noise and aesthetic disturbance to persons using neighboring
properties. No loading space shall be located so that a vehicle using
a space will block the passage of pedestrians or vehicles. Each loading
space shall be located and designed to permit any vehicle expected
to use such space to maneuver from a driveway into and out of such
space without encroaching upon any portion of an existing right-of-way
or on any street right-of-way proposed by the Belleville Master Plan
or Official Map or the Essex County Master Plan or Official Map.
2.
Any use expected to be served by any vehicle more than 25 feet in
length shall provide off-street loading spaces at least 12 feet wide
and as long as the longest vehicle expected to serve such use. The
site plan shall stipulate the type and length of vehicle expected
to serve the site.
c.
Customer Service Areas. Any use such as bank or gasoline station
that provides or expects to provide temporary stopping space or maneuvering
space for vehicles of patrons seeking service from their cars, shall
show such space on the site plan. Such space shall be located at least
10 feet back of any street line or any proposed street line as shown
by the Belleville Master Plan or Official Map or the Essex County
Master Plan or Official Map.
d.
Driveways.
1.
Driveway Location:
(a)
All entrance and exit driveways shall be located so as to afford
maximum safety to and minimum disruption of traffic on the street.
(b)
Where practicable, no part of any driveway or exit to a public
street shall be closer to the intersection of the center lines of
two intersecting streets than a distance equal to the right-of-way
width of the intersecting streets. Where the frontage of the lot is
too narrow to permit the above distance, the driveway shall be located
as far from the intersection as possible.
(c)
Any driveway exiting onto a collector or arterial street as
defined by the Belleville Master Plan, except for driveways serving
three-family residences, shall be so designated in profile and grading
and so located as to permit the following minimum sight distance measured
in each direction along such arterial or collector street, such measurement
to be from a point 10 feet behind the curb line or shoulder of the
street and at a height of 3.75 feet from the driveway pavement at
that point, to the top of an object 4.5 feet above the street pavement.
|
Allowable Speed on Mayor or Collector Street
|
Required Sight Distance in Feet
|
|---|---|
|
25 MPH
|
150
|
|
30 MPH
|
200
|
|
35 MPH
|
250
|
|
40 MPH
|
300
|
|
45 MPH
|
350
|
|
50 MPH
|
400
|
(d)
Where practicable, no part of any driveway may be located within
10 feet of any side property line, except that the Planning Board
may permit a driveway serving two or more adjacent sites to be located
on or within 10 feet of a side property line. Where a driveway to
a parking lot for the site in question is shown on the Nutley Master
Plan, the Planning Board shall require that such driveways be located
on the site plan so as to conform as closely as practicable to the
master plan.
(e)
Wherever practicable, the Planning Board shall require that
a minimum clear distance of 25 feet measured along the street right-of-way
line shall separate the closest edges of any two driveways.
2.
Number of Driveways. The number of driveways provided from a site
directly to any one street shall not exceed one for a site frontage
on such street of 100 feet or less, and shall not exceed two for a
site frontage on such street over 100 feet. Where more than one driveway
is permitted, the Planning Board shall require that each driveway
be designated as either an exit or an entrance where such designation
will facilitate vehicle and pedestrian movement within the site without
hindering traffic movement on the street. In the case of gasoline
service stations, the Planning Board shall allow such additional driveways
as will best provide for safe traffic flow.
3.
Driveway Angle. Driveways used for two-way shall intersect the street
at an angle as near to 90° as practicable and in no case less
than 60°. Driveways used for one-way operation with right turns
only shall form an angle of not smaller than 45° to the street.
4.
Driveway and Interior Road Dimensions. The dimensions of entrance
and exit driveways and interior roads shall be adequate to accommodate
the volume and character of vehicles anticipated to be using the site,
but not wider than necessary to accommodate the expected traffic at
a speed of 15 miles per hour. Where a driveway is to serve a facility
having less than 50 parking spaces a depressed curb driveway shall
be used. If a driveway is to serve more than 50 parking spaces, curb
returns of not less than 15 feet in radius may be used. Any vertical
curve on a driveway shall be flat enough to prevent the dragging of
any vehicle undercarriage. Driveway pavement shall extend to the pave
portion of the street with which it connects.
e.
Interior Roads. Interior roads shall be adequate in number, grade,
alignment and provision of visibility and shall furnish safe and adequate
circulation.
f.
Sidewalks. Sidewalks shall connect the main entrance of each building
with the street or with the interior road giving access to the building.
Interior roads giving access to buildings shall have a sidewalk on
at least one side of such road. Each parking area shall be provided
with a sidewalk connecting the parking area to the building entrance
or entrances to be used by the employees, general public or tenants
using the parking area.
g.
Construction. Construction of all parking areas intended to be used
by more than five cars, and of all roadways, curbs and sidewalks shall
be according to the specifications established for these purposes
by Township ordinance or by the Township Engineer.
h.
Signs.
1.
Traffic Sign. To facilitate the safe and efficient manner of traffic
into and out of a site, the Planning Board may require the installation
of specified directional, regulatory or advisory signs or pavement
markings at designated locations on the site or on the right-of-way.
Such signs shall be of a size, color and design specified in accordance
with the "Uniform Manual of Traffic Control Devices."
2.
Advertising Signs. Advertising, business or political signs which
revolve, move, flash, or give the illusion of movement shall be prohibited
within 25 feet of any existing or proposed future curbline. Nothing
in this section shall permit any sign prohibited by this chapter or
any other ordinance.
i.
Drainage.
1.
Surface Runoff. Provision shall be made for safe and adequate drainage
of the surface runoff waters in and from the premises so that flooding
and erosion of the property and the property of others will be prevented.
Calculations on which the design of drainage facilities is based shall
be submitted with the site plan. Unless otherwise provided by the
Planning Board upon the advice of the Township Engineer, drainage
facilities shall be designed on the basis of a storm of one hour duration
using a rainfall intensity of not less than 2.6 inches per hour.
2.
Facilities in Street. Each development shall be required to provide
adequate drainage facilities along public streets. Where runoff from
the development requires enlargement, modification or reconstruction
of existing Township drainage structures, such development shall pay
the cost of such improvement.
3.
Streams. When a development lies within a drainage basin of 1/2 square
mile or greater and an alteration or improvement of a water course
is proposed by the site plan, evidence of submission of the proposed
alteration or improvement to the New Jersey Division of Water Policy
and Supply shall accompany the site plan application.
j.
Water Supply and Sewage Disposal. The proposed water supply and sanitary
sewage and waste disposal measures shall be adequate and in accord
with regulations of all bodies with jurisdiction over such measures.
k.
Utilities. Facilities shall be provided for placing all utilities,
including telephone and electric power lines underground.
l.
Adverse Effect on Utilities. The proposed development shall have
no adverse effect on existing municipal utilities. Should additional
or improved municipal utilities be required to prevent such adverse
effect, the Planning Board shall forward its recommendation regarding
installation of the necessary improvements to the Governing Body and
shall not issue final site plan approval until the applicant has entered
into agreement with the Governing Body regarding installation of payment
for installation of such improvements.
m.
Street Improvements. Improvements to Township streets and/or dedication
of additional right-of-way may be required of the applicant if such
is necessitated by the proposed development. Such improvements or
dedications shall be in accordance with specifications set forth in
the land subdivision ordinance, and the master plan.
n.
Design of Structures. The design of any structure shall not be destructively
incongruous with the character of the neighborhood, in the opinion
of the Planning Board.
o.
Landscaping. Portions of all front, rear and side yards are not used
for required driveways, sidewalks, off-street parking or loading,
accessory buildings or playground areas shall be attractively planted
with trees, shrubs, plants, and grass lawns or ground cover. Not more
than 10% of such areas to be planted may be covered with stones or
pebbles of not less than one inch in diameter in lieu of grass or
ground cover. Existing trees of six inch caliper or over shall not
be removed unless they are so located as to interfere unduly with
construction.
p.
Shade Trees. Each site plan with street frontage totaling 50 feet
or more shall allow one or more trees in the street right-of-way bordering
the site.
q.
Screening. In additional to screening required by other sections
of this chapter, the Planning Board shall require screening in the
following cases:
1.
Outdoor storage, where permitted, shall be screened so as to be shielded
from public view and from view from adjacent properties, insofar as
practicable.
2.
All parking areas for four or more vehicles and all off-street loading
areas in any district shall be screened so as to be shielded from
view from any lot in any R District adjacent to or across a street
from the subject site.
3.
Where metal fencing, or walls of other than decorative masonry are
necessary for security purposes, such fencing, or walls shall not
be located in any required yard unless screened so as to be shielded
from public view and from adjacent lots in any R district insofar
as practicable.
4.
Required screening shall be at least five feet in height and shall
consist of a solid evergreen hedge or a landscaped redwood or cedar
fence or a landscaped, decorative masonry wall. Screening shall be
maintained in a safe and sightly condition and such maintenance shall
be the responsibility of the property owner. No screening over six
feet in height shall be permitted unless such screening is placed
a clear distance of one foot from the property line for each foot
the height of the screening exceed six feet.
r.
Buffer Strips. Where any nonresidence use adjoins a lot in any R
District, a landscaped buffer strip at least five feet in width adjoining
the R District shall be provided.
s.
Solid Waste Storage. Garbage, trash, refuse and other solid waste
shall be stored in covered containers. Such containers shall be stored
indoors or in an unroofed enclosure the walls of which shall be at
least six feet high.
t.
The Planning Board may require provision of such additional measures
as it deems necessary to protect public areas or neighboring properties
from adverse effects of the proposed development which would be harmful
to health, safety, conservation or property value and general welfare.
[Ord. #1950]
The applicant shall, prior to the signing of the site plan,
deposit with the Township of Belleville such sum as the board deems
sufficient to defray the costs to the board of referral to the planning
consultant or other expert consultant from which the board has requested
and received technical advice.
[Ord. #1950]
In the event an applicant obtains site plan approval and thereafter
applies for a Certificate of Occupancy without having first completed
the improvements required by the approved site plan, the Planning
Board, upon application, may permit a Certificate of Occupancy to
be issued if the applicant first supplies to the Township a performance
guarantee with sufficient sureties, in a form satisfactory to the
board attorney, in an amount sufficient in the opinion of the Township
Engineer, to insure the completion of the improvement shown on the
approved site plan.
[Ord. #1950]
If construction, occupancy or use, as the case may be, shall
not have been commenced and diligently pursued within one year of
the date of final site plan approval, or within such extended period
as the board for good cause may have granted, the approval shall expire
and be void.
The following additions to and changes in the existing zoning
ordinance are needed to accommodate the site plan approval amendments:
|
ARTICLE III
|
|
Definitions
|
|
RESIDENTIAL DEVELOPMENT — Shall mean the construction
of two or more dwellings on two or more adjacent lots within one twelve-month
period, unless such lots have been held by separate owners for a period
exceeding 12 months.
|
|
DECORATIVE MASONRY — Shall mean concrete or cinderblock
with a patterned or openwork face, brick or stone.
|
|
GROSS FLOOR AREA — Shall mean the total of the areas of
each floor of a building including any cellar or basement and any
attic with a floor.
|
|
ARTICLE XIII
|
|
Administrations
|
|
2. Zoning Permits.
|
|
A. After "The Zoning Officer shall grant or refuse a zoning
permit within 10 days after receipt of application." Add:
|
|
except when site plan approval is required, in which case the
Zoning Officers shall grant or refuse the permit upon receipt of notice
of final action on the Site Plan by the Planning Board.
|
|
B. Change to read:
|
|
A zoning permit shall be obtained from the Zoning Officer for
any of the following:
|
|
(a) The construction or alteration of any building or part of
a building or any sign.
|
|
(b) The painting of a sign on a building.
|
|
(c) Occupancy and use of vacant land.
|
|
(d) Occupancy and use or change in the occupancy, ownership
or use of any building.
|
|
(e) Change in the use of land or part of the lot.
|
|
No such construction, alteration, occupancy, use or change of
occupancy, ownership or use, shall take place until a zoning permit
therefore has been issued by the Zoning Officer, and no excavation
for any building or use of land shall commence until a zoning permit
for such building or use has been issued by the Zoning Officer.
|
