[HISTORY: Adopted by the Borough Council of the Borough of Haledon 7-12-1989
by Ord. No. 6-14-89A (Ch. 179 of the 1984 Code). Amendments
noted where applicable.]
This chapter shall be known as and may be cited as the "Site Plan Review
Ordinance of the Borough of Haledon."
The purpose of this chapter shall be to provide rules, regulations and
standards to guide the development of land sites in the Borough of Haledon,
other than for detached one- and two-family dwellings, in order to protect
the public health, safety, convenience and general welfare of the municipality.
It shall be administered to include, and is limited to, standards and requirements
relating to:
A.
Preservation of landscape. The landscape shall be preserved
in its natural state, insofar as practical, by minimizing tree and soil removal,
and any grade changes shall be in keeping with the general appearance of surrounding
development areas. Unsightly storage or processing areas shall be adequately
screened, and adequate vision shall be maintained to ensure the safety of
vehicular and pedestrian traffic.
B.
Relation of proposed buildings to environment. Proposed
structures shall be related harmoniously to the terrain and to all existing
buildings. The achievement of such relationship may include the enclosure
of space in conjunction with other existing or proposed buildings and the
creation of focal points with respect to avenues of approach, terrain features
or other buildings.
C.
Driveway, parking and circulation. The safety, convenience
and adequacy of vehicular access to the site shall be considered in relation
to surrounding traffic conditions. The convenience and orientation of required
off-street parking spaces to the building or buildings being served shall
be considered. The safety, convenience and adequacy of pedestrian circulation
within and around the site in relation to surrounding traffic conditions and
the orientation of such circulation to surrounding development shall be considered.
D.
Surface water drainage. Special attention shall be given
to proper site surface drainage so that removal of surface waters will not
adversely affect neighboring properties or the public storm drainage system.
Stormwater shall be removed from all roofs, canopies and paved areas and carried
away in an efficient and approved manner. Surface water in all paved areas
shall be collected at intervals so that it will not obstruct the flow of vehicular
or pedestrian traffic and will not create puddles in the paved areas.
E.
Utility service. Electric, telephone and cable television
lines and any other similar lines shall be underground where practicable.
Any utility installation remaining above ground shall be located so as to
have harmonious relation to neighboring properties and the site.
F.
Advertising features. The size, location, lighting and
materials of all permanent signs and outdoor advertising structures or features
shall not detract from and shall, to the fullest extent feasible, be integrated
with the design of proposed buildings and structures and surrounding properties.
G.
Special features. Exposed refuse and garbage storage
or disposal areas and storage areas, exposed machinery installations, service
areas, truck loading areas, utility buildings and structures and similar accessory
areas and structures shall be subject to such setbacks, screen plantings or
other screening methods as shall be reasonably required to prevent their being
incongruous with the existing or contemplated site design and the surrounding
properties.
H.
Application of design standards. The standards of review
outlined above shall also apply to all accessory buildings, structures, freestanding
signs and other site features, however related to the major buildings or structures.
In all cases, the conformity of the proposed development with the objectives
and purposes of the Comprehensive Plan for the Borough and the intent and
spirit of this Article shall be maintained.
The provisions of this chapter shall be administered by the Haledon
Planning Board in accordance with P.L. 1975, c. 297, N.J.S.A. 40:55D-37.
For the purposes of this chapter, site development shall consist of
the construction of any building, other than a detached one-family or two-family
dwelling, involving a floor area of over 100 square feet. Site development
shall also include the construction of parking areas and driveways for more
than two vehicles, except in connection with a detached one- or two-family
dwelling, and the regrading, removal of vegetation or displacement of soil
in an area of over 5,000 square feet.
A.
Submission of preliminary site plan.
(1)
Any owner of land within the Borough of Haledon shall,
prior to developing a site as defined and covered by this chapter, submit
to the Planning Board or, in the case of a use variance, the Zoning Board,
a site plan and such other information as is reasonably necessary to make
an informed decision as to whether the requirements necessary for preliminary
site plan approval have been met. The site plan and any engineering documents
to be submitted may be in tentative form and shall be for discussion purposes
for preliminary approval.
(2)
The Secretary of the Planning Board or Zoning Board,
depending on which Board has jurisdiction, shall transmit a copy to the Borough
Engineer. If the application for development is found to be incomplete by
the Borough Engineer, the developer shall be notified thereof within 45 days
of the submission of such application, or it shall be deemed to be properly
submitted. Copies shall also be transmitted to the Borough Public Works Director.
(3)
If the Planning Board or Zoning Board requires any substantial
amendment in the layout of improvements proposed by the developer that have
been the subject of a hearing, an amended application for development shall
be submitted and proceeded upon, as in the case of the original application
for development.
(4)
The Planning Board shall, following public hearing if
variances are involved or the plan is determined to be of major significance,
if the proposed development complies with this chapter and P.L. 1975, c. 291
(N.J.S.A. 40:55D-1 et seq.), grant preliminary site plan approval.[1]
(5)
Upon the submission of a complete application for a site
plan of 10 acres of land or less, the Planning Board shall grant or deny preliminary
approval within 45 days of the date of such submission or within such further
time as may be consented to by the developer. Upon the submission of a complete
application for a site plan of more than 10 acres, the Planning Board shall
grant or deny the preliminary approval within 95 days of the date of such
submission or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval of the site plan.
(6)
Whenever review or approval of the application by the
County Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A.
40:27-6.6), the Borough Planning Board shall condition any approval that it
grants upon timely receipt of a favorable report on the application by the
County Planning Board or approval of the County Planning Board by its failure
to report thereon within the required time period.
B.
Effect of preliminary site plan approval.
(1)
Preliminary approval of a site plan shall protect the
applicant for a three-year period from the date of the preliminary approval
from changes in the general terms and conditions on which preliminary approval
was granted, including but not limited to use requirements; layout and design
standards for streets, curbs and sidewalks; lot size; yard dimensions and
off-tract improvements; and any requirements peculiar to such preliminary
site plan approval. However, nothing herein shall be construed to prevent
the Borough from modifying by ordinance such general terms and conditions
of the preliminary approval as relate to public health and safety.
(2)
The applicant may submit for final approval on or before
the expiration date of the preliminary approval the whole or a section or
sections of the preliminary site plan.
(3)
The applicant may apply for and the Planning Board or
Zoning Board may grant extensions on such preliminary approval for additional
periods of at least one year, but not to exceed a total extension of two years,
provided if the design standards have been revised by ordinance, such revised
standards may govern.
C.
Submission of final site plan. The final site plan shall be submitted within the time limit specified in § 332-5B(2) above, and the Planning Board or Zoning Board shall act upon the final site plan within 45 days after the date of submission. A public hearing shall not be required, except that if any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing is made or is required, the plan shall again go through the procedure required for a preliminary site plan.
D.
Inspection and completion of improvements. The installation
of improvements as approved in the final site plan shall be subject to inspection
by the Borough Engineer, and approval shall be revoked if there is a significant
deviation from the site plan as approved. Performance and maintenance bonds
shall be released subject to approval by the Borough Engineer and the Borough
Council. All improvements shall be completed in a timely manner so as not
to leave the site in an unfinished or unsightly condition, as determined by
the Borough Engineer, and if this is not done, the final approval shall be
deemed to be revoked, and the performance and maintenance bonds may be used
by the Borough to restore the site to an acceptable condition.
E.
Time for completion of improvements. Any site plan approved
under the terms of this chapter shall be good for a period of three years
from the date of said approval where a building or structure is involved in
said plan. If all conditions of approval have not been met as approved within
said three-year period, a new site plan approval will be required.
A.
Required data.
(1)
Every development plan shall be prepared by a licensed
architect, a licensed professional engineer or land surveyor and shall be
drawn to a scale of not less than one inch equals 30 feet if the subject property
is less than two acres; to a scale of not less than one inch equals 50 feet
if the subject property is more than two acres and less than five acres; and
to a scale of not less than one inch equals 100 feet if the subject property
is more than five acres. Every development plan shall show the following:
(a)
A place for the signatures of the Chairman and Secretary
of the Planning Board and the Borough Engineer.
(b)
The location and size of plot.
(c)
The location of all existing structures within two 200
feet of the subject property and the setback of adjoining structures.
(d)
Proposed final contours at contour intervals of two feet,
as well as proposed elevations at significant points, on United States Coast
and Geodetic datum.
(e)
The required building setback, side yards and rear yard.
(f)
The proposed location of all new buildings, as well as
the locations of any existing buildings on the subject property, whether such
existing buildings are to remain or to be demolished.
(g)
The proposed location of all driveways and off-street
parking areas, with dimensions showing parking spaces and the plan of traffic
circulation, including any off-tract improvements required. A share of cost
shall be paid by the developer according to the benefit received.
(h)
The type of proposed surface paving and curbing, including
any off-tract improvements required. A share of cost shall be paid by the
developer according to the benefit received.
(i)
The proposed means of sanitary sewage disposal and water
supply, including any off-tract improvements required. A share of cost shall
be paid by the developer according to the benefit received.
(j)
The proposed means of surface water drainage, including
any off-tract improvements required. A share of cost shall be paid by the
developer according to the benefit received.
(k)
A landscaping plan, including location of proposed planting,
seeding, screening and shade trees, prepared and signed by a qualified landscape
designer.
(l)
The description, size, height and location of all proposed
signs.
(m)
The description and locations of all proposed outdoor
lighting.
(n)
Facilities for the collection of recyclables. Commercial
and industrial buildings of 1,000 square feet or more shall incorporate facilities
for the placement of containers for recyclables as specified under state,
county and municipal requirements, such as to permit the appropriate storage
and removal of such containers.
(2)
There shall also be submitted drawings of every principal
or accessory structure proposed to be erected or altered on the subject property.
The drawings shall show at least the schematic floor plans and exterior design.
The exterior design shall show all elevations of the structures and indicate
the proposed construction materials.
(3)
Soil erosion and sediment control. A soil erosion and
sediment control plan shall be submitted.
(4)
Waiver of requirements. The Planning Board or its properly
authorized committee, or the Zoning Board where it has jurisdiction, may,
upon written application, waiver part or all of the requirements of this section
in instances where, in the opinion of the Planning Board or such committee
or the Zoning Board, such requirements as provided in this section will not
be useful or helpful to the Planning Board or Zoning Board with regard to
its deliberation.
A.
Site plan submissions shall be accompanied by a deposit
to cover the cost of review services provided by the Borough Engineer, Planning
Consultant, Borough Attorney, Planning Board Attorney, Zoning Board Attorney
and other Borough personnel; the publication of notices; and other required
expenses. The Borough Clerk shall place the deposit in a trust account in
the name of the applicant and shall charge thereto all disbursements to professional
consultants and Borough personnel for review services. The amount of the deposit
shall be determined as follows:
(1)
Preliminary site plan: $50 for each acre or part thereof
involved in the site to be developed, plus $1 for each 200 square feet of
building floor area of part thereof.
(2)
Final site plan: $50 for each acre or part thereof involved
in the site to be developed, plus $1 for each 200 square feet of building
floor area or part thereof.
B.
Any unused portion of the deposit shall be returned to
the applicant. If the cost of review services exceeds the amount of deposit,
sufficient additional funds shall be deposited before any approved site plan
is returned to the applicant or advertised.
C.
The inspection fee for the installation of improvements
which is to be paid for by the applicant shall be 2% of the estimated improvement
costs. The estimated improvement costs shall be determined as follows: In
cases where the amount of the required performance guaranty has been fixed
by the governing body, the amount of such guaranty shall represent the estimated
cost of improvements, or in other cases, the estimated cost of improvements
shall be determined by the governing body based upon the following:
A.
Requirements for certificate of occupancy. Whenever a
building permit has been issued after approval of a development plan, no certificate
of occupancy shall be issued for the subject property until all improvements
shown on the development plan have been installed in accordance with the plans
therefor. The Construction Official shall submit a written report to the Planning
Board or Zoning Board when all improvements have been installed in accordance
with the plans therefor. No certificate of occupancy shall be issued for a
period of five days after the Planning Board or Zoning Board has received
the foregoing report. In the event that the Chairman or Secretary of the Planning
Board or Zoning Board shall, within such period of five days, notify the Construction
Official that any improvement has, in the opinion of the Board, not been installed
in accordance with the development plan, the Construction Official shall not
issue a certificate of occupancy until the Planning Board or Zoning Board
authorizes it issuance.
B.
Failure to comply. Failure to comply with any of the
conditions of site plan approval subsequent to the receipt of a building permit
or certificate of occupancy, as the case may be, shall be construed to be
a violation of this chapter and shall be grounds for the revocation of any
building permit or certificate of occupancy, as the case may be. Written notice
of revocation, sent by certified mail, by the Construction Official requiring
compliance with the conditions of site plan approval, within a period of time
of not less than five days, shall effectively revoke any building permit or
certificate of occupancy, as the case may be, if compliance shall not be made
within the time limit set.
