[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.]
A.
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.
B.
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.
C.
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:
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; 6-16-2009 by Ord. No. 1385; 4-26-2022 by Ord. No. 1598]
A.
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.
B.
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.
C.
The provisions herein shall not apply to detached one- or two-family
dwelling unit buildings.
D.
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.
E.
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.
F.
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 plan 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:
B.
Safe and efficient vehicular and pedestrian circulation.
C.
Off-street parking and loading shall be adequate for
the proposed use.
D.
Adequate screening and landscaping and appropriate
location of structures.
E.
Exterior lighting for safety reasons, in addition
to adequate streetlighting.
F.
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.
G.
Adequate water supply, drainage, shade trees, sewage
facilities and other utilities necessary for essential service to
residents and occupants.
H.
Any area reserved for public use shall be of suitable
size, shape and location to serve its intended purposes.
I.
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.
J.
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.
K.
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.
L.
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.
M.
Preservation of existing natural resources on the
site.
N.
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.
A completed application for preliminary approval
shall consist of:
A.
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.
(1)
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.
(2)
All revisions shall be noted and dated.
(3)
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.
(4)
Scale and graphic scale shall be given.
(5)
North arrow, in the same direction on all sheets,
shall be given.
(6)
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.
(7)
The names and addresses of all owners of adjacent
property shall be given.
(8)
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.
(9)
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.
(10)
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.
(11)
Existing zones of the development site and of any
different zones within 200 feet of the property shall be indicated.
(12)
The distance of the property line (measured along
the center line of existing streets abutting the property) to the
nearest intersection shall be given.
(13)
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.
(14)
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.
(15)
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.
(16)
All proposed easements and public and community areas
shall be shown.
(17)
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.
(18)
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.
(19)
Location, arrangement and dimensions of truck loading
and unloading platforms and docks shall be shown.
(20)
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.
(21)
Provisions for screening storage of equipment, attached
or separate from buildings, shall be shown.
(22)
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.
(23)
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.
(24)
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.
(25)
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.
(26)
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.
(27)
Copies of any covenants and deed restrictions intended
to cover any of the development site should be submitted.
(28)
Elevations, sketches, renderings or pictures of any
new buildings or structures should be submitted.
(29)
Preliminary architectural floor plans and elevations
should be submitted, with the name, address, professional number and
seal of the architect.
(30)
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.
(31)
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.
(32)
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.
(33)
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.
(34)
Appropriate places for signatures and dates of approval
of the Chairman and Secretary of the Joint Land Use Board shall be
supplied.
B.
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:
A.
The required fee.
B.
Proof of filing with the County Planning Board, if
required under N.J.S.A. 40:27-6.6.
C.
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:
A.
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.
B.
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.
C.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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:
A.
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.
B.
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.
C.
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:
D.
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.
A.
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:
(1)
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.
(2)
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.
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 for improvements for which the performance
guaranty has been provided may be extended by said body by resolution.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
A.
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.
B.
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.[1]
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."
