[Amended 4-18-1985 by Ord. No. 842-85; 3-6-1986 by Ord. No. 912-86; 1-6-2003 by Ord. No. 1556-02]
No building permit shall be issued for the construction,
alteration or enlargement of any building or structure or for any
parking area, with the exception of single-family or two-family detached
dwellings, until site plan approval has been granted by the Planning
Board or, in the case of a D variance, by the Board of Adjustment,
in accordance with the procedures set forth in the Land Development
Procedures Ordinance of the City of Passaic,[1] and including the following:
A.
All conditional uses.
B.
All uses in which the proposed construction, alteration or enlargement exceeds 5,000 square feet, except that there shall be no threshold for uses covered in Subsection C hereof.
C.
All uses of greater intensity than the current use,
or which increase the parking demand over that of the current use,
or which increase the number of dwelling units or which require use
or density variances or which require an alteration to an existing
parking lot, or a building or property which was granted site plan
or subdivision approval within the prior two years.
D.
All parking areas with a capacity of five or more
cars.
E.
All uses on a county road not covered by any of the
foregoing, except that, for uses not covered by any other subsection
within this section, the Administrative Officer may waive such requirement
if, in his opinion, the alterations to be done are minor in nature
and would not lead to a change in use or an intensification of the
currently permitted use for the buildings or parts thereof in question.
[Amended 9-17-1987 by Ord. No. 990-87]
Applications for site plan approval shall be submitted and reviewed in accordance with the provisions of Chapter 29, Land Development Procedures, of the Code of the City of Passaic.
[Added 3-19-2024 by Ord. No. 2436-24]
A.
This section is intended to ensure that any property that benefits
from a site plan approval by the City of Passaic Planning Board or
Zoning Board of Adjustment that results in a multifamily residential
or mixed use development of five dwelling units or more produces affordable
housing at a set-aside rate of 20% for affordable for-sale units and
at a set-aside rate of 15% for affordable rental units.
B.
Mandatory set-aside requirements:
(1)
Any multifamily or single-family attached residential development,
including the residential portion of a mixed-use project, that is
approved to contain five or more new dwelling units as a result of
a site plan approval by the City of Passaic Planning Board or Zoning
Board of Adjustment shall be required to set aside 20% of for-sale
units and 15% for projects in which the low and moderate income units
are to be offered for rent. Where a set-aside percentage results in
a fractional unit, the total set-aside requirement shall be rounded
upwards to the next whole number.
(2)
In the event that there is more than one affordable unit, the developer
shall provide a mix of bedroom unit types among the affordable units
in conjunction with the following bedroom distribution:
(a)
No more than 20% of affordable dwelling units within one building
shall consist of one-bedroom units and studios;
(b)
At least 30% of all affordable dwelling units are two-bedroom
units;
(c)
At least 20% of all affordable dwelling units are three-bedroom
units unless the market rate component of the project does not include
three bedroom units; and
(d)
The remainder of the affordable dwelling units, if any, may
be allocated at the discretion of the applicant.
(3)
The maximum income limits for the affordable units are as established
annually by the U.S. Department of Housing and Urban Development (HUD).
(4)
The maximum rental limits are as established annually by the U.S.
Department of Housing and Urban Development (HUD).
(5)
A twenty-year deed restriction must be placed on each affordable
unit.
(6)
This section does not apply to developments containing four dwelling
units or less.
(7)
This section does not apply to any sites for which standards have
been established by an adopted redevelopment plan.
(8)
Applicants can receive up to a 20% density bonus for affordable units
created above the mandatory minimum established by this section.
(9)
This requirement does not create any entitlement for a property owner
or applicant for subdivision or site plan approval, a Zoning amendment,
use variance, or adoption of a redevelopment plan in an area in need
of redevelopment or rehabilitation, or for approval of any particular
proposed project.
(10)
All site plan approvals of qualifying residential developments
shall be conditioned upon compliance with the provisions of this section.
[1]
Editor's Note: Former § 317-30,
Review by Development Review Advisory Committee, was repealed 9-17-1987
by Ord. No. 990-87.
The proposed site plan shall contain the following:
A.
There shall be a key map showing the location of the
subject property with reference to surrounding areas and existing
street intersections.
B.
The proposed site plan shall show, in scale, the property
lines of the entire parcel of land for which site plan approval is
sought and indicate the dimensions of said property.
C.
The proposed site plan shall include the name of the
applicant, the date the proposed site plan was prepared, a North arrow,
the scale to which the proposed site plan is drawn, the name and seal
of the person who prepared the proposed site plan, the block and lot
numbers of the lands for which the site plan approval is sought as
shown on the most current tax assessment maps of the City of Passaic
and the names of all streets abutting such lot and block.
[Amended 9-17-1987 by Ord. No. 990-87]
D.
The proposed site plan shall include the names of
all owners of adjacent property, together with block and lot numbers
of such property.
E.
The site plan shall show the zoning district in which
the parcel is located, together with zone boundaries within 100 feet
therefrom.
F.
The location of all existing and proposed buildings
and structures on the lands for which site plan approval is sought,
together with the distances of said buildings and structures from
the property lines of said lands and from each other.
G.
The right-of-way and pavement widths of all public
streets upon which the lands for which the site plan approval is sought
fronts to a distance of 100 feet beyond such lands. State highways
and county road requirements shall be adhered to in all cases.
H.
A statement by the owner of whether any property adjoining
the lands for which site plan approval is sought is or is not owned
by said owner.
I.
The location and dimensions of all existing and proposed
driveways, curb cuts, private access roads, curbing, parking areas,
parking stalls, loading areas and loading bays and the location of
all existing driveways within 200 feet of the lot.
J.
The proposed landscaping, screening and exterior lighting,
including the location, number, size and type of existing landscaping
and trees to remain; the location, number, size and type of trees,
shrubs and landscaping to be installed; and the location, type, height,
intensity and illumination area of any lighting to be installed.
K.
Arrows which indicate the direction of traffic on
all driveways, interior drives and parking areas.
L.
The location of any existing and proposed railroad
sidings, streams, drainage rights-of-way, water or other utility rights-of-way
or easements.
M.
Existing and proposed drainage facilities and drainage
calculations.
N.
Existing and proposed contour lines at two-foot intervals
or a sufficient number of spot elevations.
[Amended 9-17-1987 by Ord. No. 990-87]
O.
The proposed use or uses of land and buildings, together
with floor space of all buildings. If the precise use of the building
is unknown at the time of application, an amended plan showing the
proposed use shall be required prior to issuance of a certificate
of occupancy.
P.
The site plan shall show the location and design of
any off-street parking areas or loading areas, showing size and location
of bays, aisles and barriers. Parking stalls shall be numbered for
identification.
[Amended 9-17-1987 by Ord. No. 990-87]
Q.
The site plan shall show the location and type of
garbage and refuse disposal facilities, including maneuvering areas.
R.
Where applicable, the site plan shall show the location
and treatment of open space.
S.
Front, rear and side building elevations drawn to
scale.
[Amended 9-17-1987 by Ord. No. 990-87]
T.
Where applicable, the following information shall
be provided:
(1)
The number of employees.
(2)
A narrative describing nature of operation or activities
to occur on the site.
(3)
A narrative describing trucking on the site; number
and size of trucks used in the applicant's operation; number, size
and frequency of trucks making deliveries; and time of loading and
unloading operations.
V.
The location of fire hydrants within 200 feet of site.
[Added 9-17-1987 by Ord. No. 990-87]
W.
A place for the signatures of the Chairman and Secretary
of the reviewing board.
[Added 9-17-1987 by Ord. No. 990-87]
X.
The location of storage space for recyclables.
[Added 7-7-1988 by Ord. No. 1026-88[2]]
(1)
In residential uses, including mixed uses, the plan
should show both the area within the dwelling units and the central
collection area.
(2)
In commercial or industrial uses, in addition to showing
the actual location on the site plan, the applicant must submit documentation
of recyclables to be generated and the calculations which determined
the floor area required.
Y.
Such other data or information that reasonably may
be necessary for the Planning Board to meet the objectives of site
plan approval in acting on a particular application.
Z.
The proposed site plan shall contain a zoning table.
[Added 1-6-2003 by Ord. No. 1556-02]
In considering a site plan, the Planning Board
shall take into consideration the public health, safety and general
welfare, the comfort and convenience of the public in general and
residents of the immediate neighborhood in particular and, prior to
approving such site plan, shall find that it meets all the requirements
of this chapter. The Planning Board shall also take into consideration
the general purposes of this chapter and the achievement of the following
specific objectives:
A.
Maximum safety of traffic access and egress.
B.
Maximum safety of pedestrian and vehicular traffic
on the site.
C.
The accomplishment of a site layout and overall appearance
of all buildings, so that there will be no adverse effect upon the
desirability of adjacent zoning districts by impairing their established
character.
D.
No adverse impact on existing stormwater and sanitary
facilities.
The Planning Board, in approving a site plan,
may impose appropriate conditions and safeguards with respect to,
but not limited to, the following:
A.
Traffic access: that all proposed accessways to and
from a public street are adequate, but not excessive, in number, adequate
in width, grade, alignment and visibility and not located too near
to street intersections, schools or places of public assembly and
other similar considerations.
B.
Circulation and parking: that the interior vehicular
circulation system is adequate and that adequate parking spaces are
provided and are easily accessible and that access and egress is designed
to avoid creating traffic or safety hazards on the abutting streets.
C.
Landscaping, screening and lighting: that parking,
lighting and service areas are reasonably screened from view of adjacent
residential districts and that buffer area requirements of this chapter
are complied with.
D.
That adequate water supply, drainage, shade trees,
sewerage facilities and other utilities necessary for essential services
to residents and occupants have been provided.
E.
That the layout or arrangement of buildings and parking
areas is consistent with the requirements of the Zoning Ordinance.
In the event that the Construction Official
determines that any of the requirements of the site plan approval
cannot be met for a temporary period of time by reason of weather,
act of God or other cause not created by the applicant, the Construction
Official, upon the applicant posting a performance bond secured by
a surety company authorized to do business in the State of New Jersey
in an amount reasonably estimated by the Construction Official to
be the cost of completing such requirements, shall issue a temporary
certificate of occupancy for a period not to exceed one year. The
said bond shall be conditioned upon the applicant completing within
a period of one year from the date of issuance of a temporary certificate
of occupancy all of the site plan requirements then not complete.
In the event that such requirements are not completed within said
one-year period of time, the Construction Official shall revoke the
temporary certificate of occupancy issued and shall cause the said
requirements to be completed at the sole cost and expense of the applicant.
[Amended 9-17-1987 by Ord. No. 990-87]
As a condition of issuing a certificate of occupancy
under site plan approval procedures, the certificate of occupancy
shall be based on continued maintenance and upkeep of buildings, grounds
and landscaping as shown on the site plan. To ensure proper maintenance,
a bond shall be secured in the same fashion as the performance bond
in an amount not to exceed 15% of the cost of the improvements. The
bond shall be posted with the municipality for a period of two years
from the date of the final certificate of occupancy.
If the Planning Board or Board of Adjustment finds that any of the submission requirements listed in § 317-30 of this article are not applicable to a particular application, the Board may waive the submission of such requirements.
[Amended 3-6-1986 by Ord. No. 912-86]
A.
Approval of a site plan by the Planning Board or Board
of Adjustment shall be noted by the signing of the same by the Chairman
and Secretary of the respective Board.
B.
A copy of the approved site plan, together with the
Board resolution, shall be forwarded to the Construction Official.
The Construction Official, together with the City Engineer and the
City Planner and/or Zoning Officer, shall enforce the provisions of
the site plan approval and any other conditions contained in the resolution,
and the Construction Official shall not issue a certificate of occupancy
until the City Engineer and City Planner and/or Zoning Officer have
certified that all requirements of site plan approval have been met.
[Amended 1-6-2003 by Ord. No. 1556-02]
Approval of site plans shall be valid for the
periods prescribed by the Municipal Land Use Law, N.J.S.A. 40:55D-49
and 55D-52, and in accordance with the Land Development Procedures
Ordinance of the City of Passaic (0rd. No. 361-77).[1]
[1]
Editor's Note: Former § 317-39,
Application fees, was repealed 9-17-1987 by Ord. No. 990-87.
