[HISTORY: Adopted by the Mayor and Council
of the Borough of Northvale 7-9-1975 as Ord. No. 409; amended in its entirety 12-10-1980 by Ord. No. 476 (Ch. 59 of the 1969 Code).
Amendments noted where applicable.]
This chapter shall be known and may be cited
and referred to as the "Site Plan Review Ordinance of the Borough
of Northvale."
The purpose of this chapter is to exercise to
the fullest extent the powers granted to the borough to manage land
use through site plan review to the fullest extent permitted by the
Municipal Land Use Law and the Constitutions of the United States
and the State of New Jersey and to generally exercise the police power.
To that end, without limiting the foregoing, the stated purpose of
this chapter is the same as the Municipal Land Use Law and, in particular,
N.J.S.A. 40:55D-2.
[Amended 12-10-1995 by Ord. No. 693-95]
A.
In each case where an application for a zoning or
building permit is made, a site plan, drawn to scale of not smaller
than one inch equals 50 feet and showing the following in information
shall be submitted (no fewer than 10 copies) with the application.
(1)
All lot line dimensions, elevations and contours,
five-foot intervals on ten-percent slopes and two-foot intervals on
lesser slopes.
(2)
Building setback, side line and rear yard distances.
(3)
The location of all buildings.
(4)
The location of off-street parking areas with dimensions
showing parking spaces, loading docks, access drives, traffic circulation
and location and description of any lighting in connection with the
parking area.
(5)
The location and description of all proposed lighting
and signs.
(6)
The type of surface paving, curbing, sidewalks, storm
drainage facilities, water mains and sanitary sewer lines.
(8)
The location of all structures within 200 feet of
the property lines.
(9)
The front elevation of all buildings.
(10)
The proposed use of the site.
(11)
The location, size and nature of all existing
and proposed rights-of-way, easements, community areas, buffer zones
and other encumbrances which may affect the lot or lots in question
and the location size and description of any lands to be conveyed
to the Borough of Northvale. There shall also be submitted a copy
of any covenants or deed restrictions that are intended to cover all
or any part of the tract.
(12)
The location of all fire hydrants and potable
water systems, existing and proposed.
(13)
The name, title and address of the applicant
and the owner and the name, title and address of the person preparing
the plan or maps and appropriate seals of the professionals participating
in the preparation of the same. Maps shall include a place for the
signatures of the Chairman and Secretary of the approving authority,
as well as a place for the signature and seal of the Borough Engineer
of the Borough of Northvale. The Municipal Tax Map lot and block numbers
of the lot or lots, tax sheet number and key location map for all
properties shall be on the map or plan. The map shall include all
dates of preparation and revised dates, as the case may be.
(14)
Indication of proposed traffic access and ways
showing alignment and visibility and safety consideration.
(15)
A description of the structure or structures,
including the architect's rendering and a description of all facing
materials to be used. All facing materials shall be brick, stone or
other material approved by the approving authority.
(16)
The location and width of proposed driveways
and curb cuts.
(17)
A parking layout showing the number of stalls
in each block.
(18)
Architectural plans illustrating the existing
and proposed floor plans and existing and proposed building elevations.
A list of the proposed exterior materials and proposed exterior material
colors.
[Added 11-10-2020 by Ord. No. 1025-2020]
(19)
Such other information and data as may be required by the approving
authority in order to determine that the details of the site plan
are in accord with the standards of the zoning ordinances and other
ordinances of the Borough of Northvale and, further, that the building
or use will not be detrimental to the public interest.
[Amended 11-10-2020 by Ord. No. 1025-2020]
B.
The following applications shall not require a site
plan:
(1)
A one-family residence, or an accessory use thereof.
(2)
Repairs or improvements which do not change the exterior
dimensions of the structure or accessory use thereof.[3]
[3]
Editor's Note: Former Subsection B(3), which
immediately followed this subsection, concerning uses which do not
change the use of premises, was repealed 11-5-1997 by Ord. No. 721-97.
[Added 4-10-1985 by Ord. No. 530-85]
The developer may elect to submit a separate application requesting approval of a variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of Chapter 200, Zoning.
A.
After a public hearing, the approving authority shall
take formal action either approving or disapproving the preliminary
site plan within the time required by N.J.S.A. 40:55D-46.
B.
The approving authority shall grant preliminary approval, provided that the applicant has complied with the requirements of § 159-3 of this chapter.
D.
If the approving authority acts favorably on a preliminary
site plan, the Chairman of the approving authority shall affix his
signature to the plan with a notation that it has received tentative
approval, and he shall then return the same to the applicant for compliance
with final approval requirements.
E.
A copy of the resolution setting forth the action
taken by the approving authority shall be forwarded forthwith to the
Borough Clerk, the Construction Official, the applicant and the applicant's
attorney.
F.
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
pursuant to Section 37 of Chapter 291 of the Laws of 1975,[2] whether conditionally or otherwise, shall not be changed
for a period of two years after the date of final approval. Thereafter,
the rights granted thereunder shall expire. However, if the developer
has followed the standards prescribed for final approval and has duly
recorded the plat as required in Section 42 of Chapter 91 of the Laws
of 1975,[3] the Planning Board may extend such period of protection
for an extension up to one year. Notwithstanding any other provisions
of this chapter, the granting of final approval terminates the time
period of preliminary approval pursuant to Section 37 of Chapter 291
of the Laws of 1975[4] for the section granted final approval.
[Amended 9-9-1992 by Ord. No. 647-92]
[Amended 11-10-1987 by Ord. No. 583-87]
A.
In order to assure compliance with this chapter, all
business and industrial property owners will deliver to the Mayor
and Council a permanent maintenance guaranty in an amount not to exceed
1% of the assessed value of the real property at the time of application,
to a maximum of $25,000
B.
Before a recording of or as a condition of final site
plan approval or as a condition to the granting of a zoning permit
pursuant to N.J.S.A. 40:55D-65, the municipal agency may require and
shall accept in accordance with the standards adopted by this chapter
for the purpose of assuring the installation and maintenance of on-tract
improvements a permanent maintenance guaranty in an amount not to
exceed 1% of the assessed value of the subject property at the time
of application to a maximum of $25,000.
C.
For the purposes of this section, "assessed value"
shall mean a predetermined valuation of the subject real estate, including
a valuation of the estimated cost of the proposed construction/renovation
to any existing structure as if it were completed in conformance with
the subject site plan.
D.
Should the funds represented by the bond be attached
or otherwise depleted by the borough to cover expenses it has incurred
in fulfilling the property owner's obligation to maintain the subject
property, the property owner or obligor must then restore the full
value of the bond to the amount of 1% of the assessed value of the
subject property at the time of application. Any such deficiency may
also be restored to the borough by a lien on the subject property,
if necessary.
E.
The amount of performance guaranty may be reduced
by the governing body, by resolution, when portions of the maintenance
and upkeep of the improvements have been certified by the Construction
Code Official or the Superintendent of the Department of Public Works
to have been completed. The time allowed for the maintenance and upkeep
of the improvements for which the performance guaranty has been provided
may be extended by said body by resolution.[1]
F.
When all of the required maintenance and upkeep of
the improvements have been completed, the obligor shall notify the
governing body, in writing, by certified mail addressed in care of
the Borough Clerk, of the completion of said maintenance and upkeep
on the improvements and shall send a copy thereof to the Construction
Code Official or the Superintendent of the Department of Public Works.
Thereupon, the Construction Code Official or the Superintendent of
the Department of Public Works shall inspect all of the maintenance
and upkeep of the improvements and shall file a detailed report, in
writing, with the governing body, indicating either approval, partial
approval or rejection of the maintenance and upkeep of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the value of the maintenance and upkeep of the improvements
rejected shall be set forth.[2]
G.
The governing body shall either approve or reject
the maintenance and upkeep of the improvements on the basis of the
reports of the Construction Code Official or the Superintendent of
the Department of Public Works and shall notify the obligor, in writing,
by certified mail, of the contents of said report and the action of
said municipal agency with relation thereto, not later than 65 days
after receipt of the notice from the obligor of the maintenance and
upkeep of the improvements. Where partial approval is granted, the
obligor shall be released from all liability pursuant to its performance
guaranty, except for the portion adequately sufficient to secure provisions
of the maintenance and upkeep of the improvements not yet approved.
Failure of the governing body to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the maintenance and upkeep of the improvements, and the obligor
and surety, if any, shall be released from all liability, pursuant
to such performance guaranty.[3]
H.
If any portion of the required maintenance and upkeep
of the improvements are rejected, the municipal agency may require
the obligor to complete such maintenance and upkeep of the improvements,
and upon completion, the same procedure of notification as set forth
in this section shall be followed.
I.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
of the Construction Code Official or the Superintendent of the Department
of Public Works.[4]
J.
In the event that final approval is by stages or section
of development pursuant to N.J.S.A. 40:55D-38, the provisions of this
subsection shall be applied by stage or section.
K.
Inspection by the borough of the maintenance and upkeep
of improvements and utilities by the site plan applicant shall not
operate to subject the borough to liability for claims, suits or liability
of any kind that may at any time arise because of defects or negligence
during the construction or any time thereafter, it being recognized
that the responsibility to maintain safe conditions at all times during
construction and to provide proper utilities and improvements is upon
the site plan applicant and his contractors, if any.
A.
A final plan shall be submitted to the Secretary of
the approving authority as provided in N.J.S.A. 40:55D-49 and any
supplements thereto.
B.
Prior to final approval, the approving authority shall
have received the following:
(1)
A letter containing a list of all items to be covered
by a performance guaranty (cash or certified check), the quantities
of each item, the cost of each of them and the total amount of all
items.
(2)
A letter from the Borough Engineer stating that the
required improvements have been installed to his satisfaction in accordance
with the applicable borough specifications and that the performance
guaranty is adequate to cover the cost of the remaining improvements.
(3)
A letter from the developer's engineers stating that
the final plan conforms to the preliminary plan as submitted and approved.
The developer shall be liable for additional engineering fees incurred
by the borough where such certification is found to be incorrect.
C.
Where the approving authority deems it appropriate,
a combined preliminary and final application may be submitted simultaneously.
A.
In reviewing a site plan application, the approving
authority shall ascertain that the following minimum requirements
are complied with:
(1)
That the provisions of this chapter with respect to
height, minimum lot areas, mandatory open spaces and the like are
complied with.
(2)
That adequate provision is made for off-street parking
in accordance with the revised ordinances of the Borough of Northvale
and that adequate traffic circulation and protection to adjoining
properties are provided.
(3)
That adequate provision is made for disposal of stormwater
as approved by the Borough Engineer.
(4)
That the location, design or construction of any building
is not likely to involve risks of traffic congestion, public safety
or hazard.
(5)
That the design or construction of any building will
not be so markedly incongruous with the character of the neighborhood
as to materially affect the value of adjacent or nearby property.
(6)
That all other applicable provisions of the Northvale
ordinances are met.
(7)
That the applicant has obtained necessary approvals
of any state, county or municipal agencies or that the approving authority
conditions any approval upon the applicant obtaining such necessary
approvals.
(8)
That the proposed plan is suitable as to appearance
and nature of use in relation to the district in which it is located
and that the impact of the proposed use upon other properties in the
area is considered.
(9)
That consideration is given to environmental protection
for the health, safety and welfare of the community.
(10)
That the landscaping plan as submitted by the
applicant is suitable and that shade trees are provided for as set
forth in any regulation of the Northvale Shade Tree Committee.
(11)
That the approving authority shall give consideration
to such other elements or aspects of the site plan and proposed use
as may relate to the design of the plan, the general environment of
the area or the health, safety and general welfare of the public and
in so doing may refer the application to such other agencies as may
be desirable for report and recommendation.
B.
Exceptions. The foregoing are intended as minimum
requirements applying to site plans involving property improvements
and new building construction. If it can be demonstrated to the satisfaction
of the approving authority that, because of peculiar conditions relating
to the property or proposed construction, such details are not necessary
to properly evaluate the site plan, the approving authority may modify
or waive any of the specific site plan details.
The Chairman of the approving authority may
appoint a Site Plan Committee consisting of three members, which Committee
shall review all site plans and by majority vote recommend a procedure
to be followed by the approving authority in its review.
A.
MINOR SITE PLAN
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
A development plan which does not involve a planned unit
development or any new street or extension of any off-tract improvement
which is to be prorated pursuant to N.J.S.A. 40:55D-42 and which contains
the information reasonably required in order to make an informed determination
as to whether the requirements established by this chapter for approval
have been met. A "minor site plan" shall additionally mean a site
plan for a development or building alteration requiring fewer than
10 parking spaces as required in the Northvale Code, containing less
than 2,500 new or additional square feet of floor area and not having
more lot coverage than 50%. The approving authority, upon receipt
of a site plan application, shall, by a vote or a majority of its
members, decide whether or not to treat said application as a "minor
site plan."
B.
The approving authority may waive notice in public
hearing for application for development if it finds that such application
conforms to the definition of a minor site plan.
C.
Minor site plan approval shall be deemed to be final
approval of the site plan by the approving authority, provided that
the approving authority may condition such approval on terms ensuring
the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39,
40:55D-41 and 40:55D-53.
A.
Prior to the granting of final approval, the developer
shall have installed or shall have furnished a cash guaranty as herein
provided for the ultimate installation of the following:
(1)
Final surface cost of the streets and pavements.
(2)
Storm sewers, culverts, water mains, sanitary sewers
and hydrants.
(3)
Monuments.
(4)
Sidewalks and curbs.
(5)
Street signs and streetlights.
(6)
Shade trees.
(7)
Topsoil protection.
(8)
Inspection and approval. All improvements shall be
subject to inspection and approval by the Borough Engineer, who shall
be notified at least 48 hours prior to the time when inspection will
be required of embankments, drainage facilities, waterlines, sewers,
pavements or sidewalks. No underground installation shall be covered
until inspected and approved by the Borough Engineer.
B.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and
40:55D-42, construction of or contributions for off-tract water, sewer,
drainage and street improvements may be required in accordance with
the following criteria:
(1)
Improvements to be constructed at sole expense of
applicant. In cases where reasonable and necessary need for an off-tract
improvement or improvements are necessitated or required by the proposed
development application and when no other property owners receive
a special benefit thereby, the approving authority may require the
applicant, as a condition of site plan approval, at the applicant's
sole expense, to provide for and construct such improvements as if
such were on-tract improvements in the manner provided hereafter and
as otherwise provided by law.
(2)
Contributions by applicant toward required off-tract
improvements.
(a)
In cases where the need for any off-tract improvement
is necessitated by the proposed development application and where
the approving authority determines that properties outside the development
will also be benefited by the improvements, such determination shall
be made by the approving authority, in writing. Said resolution or
determination of the approving authority shall specify the off-tract
improvements which are necessary and the terms and conditions which
shall be imposed upon the applicant to ensure the successful and reasonable
implementation of the same. In its deliberation as to whether off-tract
improvements are required, the approving authority shall be guided
by the rules and regulations specified in any of the ordinances of
the Borough of Northvale, as well as this chapter. The approving authority
may also be guided by counsel from its attorney, the Borough Engineer
and any consultant or other qualified experts and municipal officials
relative to the subject matter.
(b)
In the event that the approving authority determines
that one or more improvements constitute an off-tract improvement,
the approving authority shall notify the Mayor and Council of the
same, specifying the approving authority's recommendation relative
to the estimated cost of the same, the applicant's prorated share
of the cost and possible methods or means to implement the same, including
but not limited to performance and maintenance guaranties, cash contributions,
development agreements and other forms of surety.
(c)
The approving authority shall not grant final
approval on the application until all aspects of such conditions have
been mutually agreed to by both the applicant and the Mayor and Council
of the Borough of Northvale and a written resolution to that effect
by the Mayor and Council has been transmitted to the approving authority.
(3)
Methods of implementation. Where a performance or
maintenance guaranty or other surety is required in connection with
an off-tract improvement, the applicant shall be required to follow
the same procedures and requirements as specified in this chapter
for other improvements.
(4)
Development agreement. Where a development agreement
is required governing off-tract improvements or other conditions as
may be required by this chapter or by the approving authority, said
agreement shall be approved as to form, sufficiency and execution
by the approving authority's attorney and the Borough Attorney. Said
agreement shall specify the amount of cash contributions, if any,
the method of payment of the same, the relative timing of such payment
and the obligation or obligations to be undertaken by the Borough
of Northvale.
(5)
Pro rata formula for determining applicant's share
for off-tract improvements.
(a)
Where an off-tract improvement is required,
in order to determine the proportionate share of such improvement
to the applicant, the approving authority is to apply the current
construction costs to a comparison of the increase in value of off-site
properties by the off-site improvement as compared to the increase
in value of the proposed development.
(b)
In determining the pro rata amount of the cost
of any required off-tract improvement which shall be borne by the
applicant, the approving authority shall also determine the pro rata
amount of cost to be borne by other owners of lands which will be
benefited by the proposed improvements.
A.
In interpretating and applying the provisions of this
chapter, all terms contained herein shall be held to be minimum requirements
for the promotion of the public health, safety, convenience, prosperity
and general welfare of the borough.
B.
Whenever the requirements of this chapter are at variance
with the requirements of any other lawfully adopted rules, regulations,
ordinances, deeds, restrictions or covenants, the more restrictive
or that comprising the higher standard shall govern.
C.
As used herein, the terms "off-tract" and "off-site"
shall be considered one and the same, and the terms "applicant" and
"developer" shall be considered one and the same, as the case may
be.
