[HISTORY: Adopted by the Mayor and Council of the Borough of Dumont by Ord. No. 879 (Ch. 16A of the 1970 Revised Ordinances). Amendments noted where applicable.]
The purpose of this chapter will be to provide rules, regulations and standards to guide the process of site plan review and approval in the Borough of Dumont in order to promote the public health, safety, convenience, morals and general welfare of the Borough. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services and to achieve the purposes set forth in Article 1 of the Municipal Land Use Law, P.L. 1975, c. 291.
The rules, regulations and standards set out in this chapter shall be considered the basic requirements for the protection of the public health, safety and welfare of the citizens of the Borough.
Any action taken by the Joint Land Use Board and the Mayor and Council under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community.
[Added by Ord. No. 912]
As used in this chapter, the following terms shall have the meanings indicated:
- MINOR SITE PLAN
- A site plan for a development or building alteration requiring less than 10 parking spaces, containing less than 2,500 new or additional square feet of floor area and not having more than 50% lot coverage. A "minor site plan" shall not involve a planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42. The approval authority, upon receipt of a site plan application, shall by a vote of the majority of its members decide whether or not to treat the said application as a "minor site plan."
[Amended by Ord. No. 1141]
Except as hereinafter provided, there shall be no building permit or certificate of occupancy issued for any new construction or for any enlargement, alteration, or addition to any existing structure for any commercial, industrial, office building, garden apartment, apartment or structure designed for multifamily use where such use or uses are permitted by Chapter 455, Zoning, unless the developer submits a site plan to and final approval is granted pursuant to a resolution of the Joint Land Use Board. No certificate of occupancy shall be given unless all construction conforms to the site plan approved by the Joint Land Use Board. For new construction, alteration or additions which do not include any zoning variances and which do not expand or reduce any prior nonconforming use(s), the Building Department shall issue permits and certificates of occupancy in the ordinary course.
Site plan approval shall not limit the requirements for submission of an application to the appropriate board for subdivision, conditional use approvals and/or any and all variances that may be required either by ordinance or pursuant to state statute.
Any change in use, ownership or occupancy of an existing nonresidential structure or use shall require approval of the Joint Land Use Board prior to the issuance of a certificate of occupancy by the Building Inspector. This provision, however, shall not be construed to require site plan approval or change of use approval for a tenancy of office space in an office building containing three or more separate offices, provided that the Building Inspector finds that no substantial change in use or occupancy is involved or that no exterior changes or parking revisions are contemplated.
If improvements are not required, the applicant shall be required to submit a change of use application and required application fee as provided in § 209-19 and an accompanying sketch plat indicating the location and layout of all existing structures, lot configuration, general parking and loading areas, lighting, drainage, landscaping and other general site factors. The sketch map shall be drawn to a scale which shall be indicated on the map. If the Joint Land Use Board finds that the change of use or intensity of activity does not require additional improvements, the Board shall approve the application and forward a copy of its action to the Building Inspector.
If the Joint Land Use Board determines that certain improvements are required, the Board may require submission of a partial or complete site plan application as provided in this chapter.
The provisions herein shall not apply to detached one- or two-family dwelling unit buildings.
Each application for site plan approval, when required pursuant to N.J.S.A. 40:27-6.6, shall be submitted by the applicant to the Bergen County Planning Board for review or approval as required by the aforesaid sections.
The Joint Land Use Board, when acting upon applications for site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions of N.J.S.A. 40:55D-1 et seq., if the literal enforcement of one or more will exact undue hardship because of peculiar conditions pertaining to the land in question; if such exception is granted, it shall be done by a resolution of the Joint Land Use Board which sets forth the reasons for the exception in the particular case and demonstrates that the exception will not have an adverse effect on surrounding properties, the neighborhood or the Borough in general.
The Joint Land Use Board shall have the power to review and approve or deny conditional uses or subdivisions simultaneously with the review for site plan approval without the developer being required to make further application to the Joint Land Use Board or the Joint Land Use Board being required to hold further hearings. The longest time period for action by the Joint Land Use Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to the Municipal Land Use Act, notice of the hearing on the plat shall include reference to the request for such conditional use.
The Joint Land Use Board shall approve a site plan application only when satisfied that the plan adequately provides for the following:
Safe and efficient vehicular and pedestrian circulation.
Off-street parking and loading shall be adequate for the proposed use.
Adequate screening and landscaping and appropriate location of structures.
Exterior lighting for safety reasons, in addition to adequate streetlighting.
Streets within the land development shall be of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for fire-fighting and emergency equipment to buildings and shall be coordinated so as to compose a convenient system consistent with the circulation element of the Master Plan. No street shall be required of a width greater than 50 feet within the right-of-way line unless said street constitutes an extension of an existing street of a greater width or already has been shown on the Master Plan at a greater width.
Adequate water supply, drainage, shade trees, sewage facilities and other utilities necessary for essential service to residents and occupants.
Any area reserved for public use shall be of suitable size, shape and location to serve its intended purposes.
Any open space to be set aside as part of a residential cluster shall comply with those provisions and as provided for in N.J.S.A. 40:55D-1 et seq.
No development shall take place in a delineated floodway area and shall be permitted in a delineated flood fringe area only where it is determined by the Municipal Engineer that the first floor elevation will be above the flood level and that construction and landfilling will not significantly increase flooding in other areas.
Adequate protection and conservation of soils through the submission of an erosion and sedimentation control plan approved by the appropriate authority for all site plans that will result in disturbance of 5,000 square feet of land or more.
Standards for the grading, improvement and construction of streets or driveways and for any required walkways, curbs, gutters, streetlights, fire hydrants and water, drainage, sewage facilities and other improvements found necessary shall be as provided to the developer by the Borough Engineer. Where certain utilities to be installed are under other governmental authority or jurisdictions, the standards shall be provided by those jurisdictions and shall be adhered to by the developer. A letter approving the proposed installations and a statement as to who will carry out the construction shall be required.
Preservation of existing natural resources on the site.
All taxes and assessments against the site shall be paid prior to any preliminary approval.
At least 14 days prior to the date of the regular public meeting the Joint Land Use Board, the applicant shall file with the Borough Clerk a completed application for site plan review as specified herein. The Secretary of the Joint Land Use Board shall inform the applicant of the steps necessary for the submission of applications and of the regular meeting dates of the Joint Land Use Board.
[Amended by Ord. No. 1141]
See § 209-19 of the Code of the Borough of Dumont.
A completed application for preliminary approval shall consist of:
Site plan details are primarily for the use of the Joint Land Use Board to establish criteria required to make decisions and recommendations. The following shall be provided for a preliminary site plan review. In some circumstances, additional information beyond these may be required of the applicant. If so, these should be indicated by the Joint Land Use Board as early in the proceedings as possible for the orderly presentation of the application or approval. Surveys, the general plan, grading and utility plans, landscaping plans, architectural plans and elevations may be indicated on separate drawings and documents.
Title, key map location of development and the name and address of the record owner and/or development and site planner preparing the site development plan shall be given.
All revisions shall be noted and dated.
Site plans should be presented at a scale no smaller than one inch equals 50 feet, nor larger than one inch equals 20 feet. Size of sheets should not exceed 36 inches by 24 inches.
Scale and graphic scale shall be given.
North arrow, in the same direction on all sheets, shall be given.
Survey of the property prepared by a licensed surveyor or engineer of New Jersey, showing boundaries of properties, lines of all existing streets and roads, easements, rights-of-way and areas dedicated to public use within 200 feet of the property shall be submitted.
The names and addresses of all owners of adjacent property shall be given.
Existing and proposed buildings with dimensions showing, with first floor elevation and present and finished grade elevations at all corners and entrances shall be shown. Present buildings and structures to be removed are to be indicated.
A topographic map to delineate existing contours at two-foot intervals, up to 10 feet beyond property lines, as well as proposed grading and contours, wooded areas, trees (where six inches or greater in diameter), floodplains, ponds, streams and drainage ditches, etc., shall be submitted.
The location of all existing and proposed structures, i.e., walls, fences, culverts, bridges, roadways, etc., with grade elevations for each structure, shall be indicated.
Existing zones of the development site and of any different zones within 200 feet of the property shall be indicated.
The distance of the property line (measured along the center line of existing streets abutting the property) to the nearest intersection shall be given.
The boundaries of the property, building and setback lines, lines of existing streets, lots, reservations, easements and areas dedicated to public use shall be shown.
The locations of all utility structures and lines, existing and proposed stormwater drainage, on-site and on-tract and from buildings and structures, as well as telephone, power and light, water hydrant locations, sewer, gas, etc., whether privately or publicly owned, with manholes, inlets, pipe sizes, grades, inverts and directions of flow, shall be indicated.
The location, size and nature of the entire lot or lots in question, of contiguous lots owned by the applicant or owner of record or in which the applicant has a direct interest, even though only a portion of the entire property is involved in site plan development, shall be shown. Provide on a key map, if necessary.
All proposed easements and public and community areas shall be shown.
All means of vehicular ingress to and egress from the site onto public streets, showing the size and location of driveways, curb cuts and curbing, sight lines and radii, shall be indicated.
The location and design of off-street parking areas, showing their size and the locations of internal circulation, traffic patterns, parking space, aisles, driveways, curbing, barriers and wearing surface finished and construction shall be shown.
Location, arrangement and dimensions of truck loading and unloading platforms and docks shall be shown.
The provisions for refuse and garbage disposal shall be indicated, as well as to ensure that areas are not exposed to view, are unpolluting, covered from weather and are secure from vandalism.
Provisions for screening storage of equipment, attached or separate from buildings, shall be shown.
All existing or proposed exterior lighting shall be indicated (freestanding and/or on building), for size, nature of construction, lumens, heights, area and direction of illumination, footcandles produced as well as time controls proposed for outdoor lighting and display.
All existing and proposed signs and their sizes, the nature of construction and location, height and orientation, including all identification signs, traffic directional signs and arrows, freestanding and facade signs and time controls for sign lighting, if any, shall be noted.
Locations, dimensions and construction of off-site sidewalks, on-site exits, walks and sidewalks shall be indicated. Provision should be made for pedestrian safety, accessways and, where necessary, a bicycle system and racking.
Proposed screening, green areas, landscaping and fencing, including a planting plan and schedule (sizes, types, number) prepared by a qualified landscape architect or landscape designer shall be shown.
Improvements to adjoining streets and roads and traffic control devices necessary in streets or highways shall be shown. Acceleration and deceleration lanes, paving, land dedication or acquisition for roads should be shown.
Copies of any covenants and deed restrictions intended to cover any of the development site should be submitted.
Elevations, sketches, renderings or pictures of any new buildings or structures should be submitted.
Preliminary architectural floor plans and elevations should be submitted, with the name, address, professional number and seal of the architect.
The proposed use or uses of land and buildings, together with the floor space of all buildings and the estimated number of employees. 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.
The location of all existing and proposed waterlines, valves and hydrants and all sanitary sewer lines or alternative means of water supply or sewage disposal and treatment, as well as storm drains and appurtenances shall be shown.
The location and use of all existing structures within 100 feet of the boundaries of the site and evidence of compliance with any state requirements which may be applicable shall be given.
If the applicant is a corporation or partnership, it shall conform to the provisions of N.J.S.A. 40:55D-48.1 et seq.
Appropriate places for signatures and dates of approval of the Chairman and Secretary of the Joint Land Use Board shall be supplied.
The Building Inspector shall have the power to waive submission of any of the above items which are not applicable to a particular application; except that in the case of engineering requirements, the waiver must be approved by the Borough Engineer.
A complete application for final approval shall consist of the following:
The required fee.
Proof of filing with the County Planning Board, if required under N.J.S.A. 40:27-6.6.
Twelve copies of the site plan in final form, including all the information shown on the preliminary plan, plus the information required herein. The site plan and any engineering or architectural documents required shall be in final form and accurate for final approval.
Final site plan details are primarily a refinement of the preliminary details by providing final engineering and architectural information which will be classified as site plan construction details. The following data shall be provided on the final site plan:
Upon submission to the administrative officer of the Joint Land Use Board of an application for preliminary site plan approval, said administrative officer shall review the application, together with all documents to be submitted with said application. If the application for development is found to be incomplete, the developer shall be notified in writing within 45 days of the original submission of such application. In the event that no notification is received within 45 days, said application shall be deemed to be properly submitted.
In the event the Joint Land Use Board requires any substantial amendment to the layout of improvements proposed by the developer which have been the subject of a hearing, an amended application for development shall be submitted and acted upon, as in the case of an original application for development.
Upon submission to the administrative officer of a completed application for preliminary site plan approval for 10 acres or less, the Joint Land Use Board shall grant or deny preliminary site plan approval within 45 days of such completed submission or within such further time as may be consented by the developer. Upon submission of a completed application for preliminary site plan approval of more than 10 acres, the Joint Land Use Board shall grant or deny preliminary site plan approval within 95 days of the date of such completed submission or within such further time as may be consented to by the developer. In the event there is no action taken by the Joint Land Use Board within the time period provided for herein, said Board shall be deemed to have granted preliminary site plan approval of the site plan.
The Secretary of the Joint Land Use Board approving a preliminary site plan shall certify two full sets, on each page, with an appropriate stamp showing date of approval, file number, Chairman's signature and Secretary's signature. One set shall be given to the applicant and one set shall be retained in the official files of the Joint Land Use Board.
Preliminary site plan approval of site plan shall, except as provided herein, confer upon the applicant the following rights for a three-year period from the date of preliminary approval:
The general terms and conditions of the preliminary site plan approval shall not be changed, including but not limited to the use requirements; layout and design standards for streets, curbs and sidewalks; lot size, yard dimensions and off-tract improvements; and any requirements pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the Borough from modifying, by ordinance, such general terms and conditions of any preliminary site plan approval as related to the public health, safety and welfare.
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 as the case may be.
The applicant may apply for and the Joint Land Use Board may, in its discretion, grant extensions of preliminary site plan approvals for additional periods of time of at least one year, but not to exceed a total extension of two years, provided that if the designed standards had been revised by ordinance, such revised standards may govern.
In the event there is preliminary site plan approval for an area of 50 acres or more, the Joint Land Use Board may grant the rights referred to above herein for such a period of time longer than three years, as shall be determined by the Board to be reasonable, taking into consideration: the number of dwelling units and nonresidential floor area permissible under the preliminary approval, economic conditions and the comprehensiveness of the development.
The applicant may apply for thereafter and the Joint Land Use Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Joint Land Use Board 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 may govern.
Final approval of site plans shall be as follows:
The Joint Land Use Board shall grant final approval of a site plan application if the detailed drawings and specifications conform to the standards established herein for final approval and the conditions for preliminary approval have been complied with.
Final approval shall be granted or denied within 45 days after submission of a completed application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Joint Land Use Board to act within the period prescribed shall constitute final approval and a certificate of the administrative officer as to the failure of the Joint Land Use Board to act shall be issued upon request of the applicant.
As a condition of final site plan approval, the Joint Land Use Board may require that the applicant install certain improvements on the site, consistent with the design standards of this chapter, relating to:
Whenever review or approval of an application for a final approval is required by the County Planning Board pursuant to Section 8 of P.L. 1968, c. 285, (N.J.S.A. 40:27-6.6) the Joint Land Use Board shall condition any final approval upon timely receipt of a favorable report upon the application by the Bergen County Planning Board, by its failure to report thereon within its required time period.
The Joint Land Use Board may condition final site plan approval on or as a condition to the issuance of a zoning permit in accordance with N.J.S.A. 40:55D-65d. The Joint Land Use Board may require and shall accept in accordance with the standards adopted herein for the purposes of assuring the installation and maintenance of on-tract improvements as follows:
The furnishing of a performance guaranty in favor of the Borough in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate, including streets, grading, pavements, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors' monuments as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewerage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open spaces, landscaping and any other reasonably required on-site improvements by the Borough Engineer.
Provision for a maintenance guaranty to be posted with the Borough for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements.
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 for improvements for which the performance guaranty has been provided may be extended by said body by resolution.
In the event 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 costs of improvements not completed or corrected, and the Borough may, either prior to or after the receipt of the proceeds thereof, complete such improvements.
When all of the required improvements have been completed, the obligor shall notify the Joint Land Use Board, 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 Joint Land Use Board 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 improvements rejected shall be set forth.
The Joint Land Use Board shall either approve, partially approve or reject the improvements on the basis of a report of the Borough Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where a partial approval is granted, the obligor shall be released from all liability pursuant to his performance guaranty, except from that portion adequately sufficient to secure completion of the improvements not yet approved. The failure of the Joint Land Use Board to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor's surety, if any, shall be released from all liability pursuant to said performance guaranty.
If any portion of the required improvements are rejected, the Joint Land Use Board may require the obligor to complete such improvements, and upon completion, the same procedure or notification as set forth above shall be followed.
Nothing herein shall be construed to limit the right of the obligor to contest, by legal proceedings, any determination by the Joint Land Use Board or by the Borough Engineer.
The obligor shall reimburse the Joint Land Use Board for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection improvements.
In the event it is determined that the application for final site plan approval by the developer requires off-tract improvements, the contributions thereon shall be determined pursuant to the provisions of N.J.S.A. 40:55D-41.
The zoning requirements applicable to the preliminary site plan approval first granted by the Joint Land Use Board and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49, whether conditionally granted or otherwise, shall not be changed for a period of two years after the date of final approval.
In the case of a site plan for a planned unit development or residential cluster of 50 acres or more or a conventional site plan for 150 acres or more, the Joint Land Use Board may grant the rights referred to in Subsection A above herein for such a period of time, longer than two years, as shall be determined by the Joint Land Use Board 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 developer may apply for thereafter and the Joint Land Use Board may grant an extension of final approval for such additional period of time as shall be determined by the Joint Land Use Board 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.
The developer shall undertake construction in substantial conformance with the approved final site plan, provided that the Joint Land Use Board may permit a deviation from the final plan if caused by change of conditions beyond the control of the developer since the date of final approval and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and Zoning Ordinance.
The Secretary of the Joint Land Use Board approving a final site plan shall certify three full sets on each page with an appropriate stamp, showing the date approved, file number and Chairman's signature. One set shall be given to the applicant, one to the Zoning Enforcement Officer for his use and one set shall be for retention in the official files of the Joint Land Use Board.
Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit, zoning permit or certificate of occupancy, as the case may be, shall be grounds for the revocation of any building permit, zoning permit or certificate of occupancy, as the case may be. A written notice of revocation sent by certified mail by the Zoning Officer or Building Inspector, as the case may be, shall specify the conditions of site plan approval which have been violated, and such revocation shall effectively terminate the validity of any building permit, zoning permit or certificate of occupancy theretofore issued.
For any and every violation of the provisions of this chapter, the owner, developer, contractor, lessee, tenant or any other person having an interest in any building or premise where such violation has been committed or shall exist and who neglects or refuses to abate such violation within five days after written notice has been served upon him by personal service or by certified mail shall, upon conviction thereof, be subject to a fine of not more than $500 or to imprisonment for a term of not more than 90 days, or both, in the discretion of the court before whom a conviction is had. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.
This chapter shall be known and may be cited as the "Site Plan Review Ordinance of the Borough of Dumont."