This Part 3 shall be known and may be cited
as the "Site Plan Review Ordinance of the Borough of Maywood," hereinafter
referred to as "this Part 3."
The provisions contained in this Part 3 are
designed to provide a comprehensive review and guide so as:
A.
To ensure that any development or redevelopment is
accomplished with the criteria, standards and requirements of this
Part 3 as well as other ordinances and laws affecting the subject
matter.
B.
To regulate the site design of land development and
define the role of the public and private interests by setting forth
the standards to be enforced.
C.
To protect and enhance existing natural features,
to protect features of historical significance, to improve the natural
and man-made environment and to protect areas from flooding and erosion.
D.
To supplement existing land use controls and to implement
effective, comprehensive planning of the municipality in order to
adequately regulate the total impact upon the community of specific
site developments.
E.
To assure the harmonious development of uses within
the Borough of Maywood that may have a substantial impact upon the
character of the municipality, the quality of the environment, the
distribution and cost of municipal services, traffic, utilities, appearance
and property values within the municipality.
F.
To effect comprehensive planning and to promote the
public health, safety and general welfare by regulating site design
of land development pursuant to N.J.S.A. 40:55D-37 et seq.
As used in this Part 3, the following terms
shall have the meanings indicated:
The land required for the installation of stormwater sewers
or drainage ditches or required for drainage purposes along a natural
stream or watercourse or other body of water.
A development plan which requires site plan approval but
which:
Does not involve 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.
Does not involve the construction, reconstruction,
enlargement or substantial structural change to any building.
Does not involve a change of use or a lawful
nonconforming use.
Does not involve problems of either flooding,
erosion, drainage or traffic safety with respect to ingress and egress
to the lot or from the lot.
Does not involve a variance from any provision
of the Zoning Ordinance.[1]
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings to develop
the same under this Part 3.
The Planning Board.
[Amended 2-13-1996 by Ord. No. 1-96]
A.
Except as otherwise provided herein, no building in
the Borough of Maywood shall be erected or moved or externally altered
or added to or enlarged or reconstructed unless and until site plan
approval has been obtained by resolution of the reviewing board.
B.
Except as otherwise provided herein, no parking areas,
parking aisles, grades, slopes, manholes, traffic control signs on
the lot, egress or ingress roads, required planting areas, required
buffer areas, sidewalks, drainage facilities, fencing, lighting, utility
facilities, curbing, acceleration and deceleration lanes, etc., on
any lot or lots shall be constructed, altered or extended without
first obtaining site plan approval by resolution of the reviewing
board.
C.
No use of any lot or building in the Borough of Maywood
shall be changed so as to use any lot or building for a use different
from the use proposed and approved previously or approved on any previous
site plan application to the reviewing board without obtaining new
site plan approval by resolution of the reviewing board.
D.
Except as otherwise provided herein, site plan review
and approval shall be required before any excavation, removal of soil,
clearing of a site or placing of any fill on lands contemplated for
development.
E.
Except as otherwise provided herein, no building permit
shall be issued for any building or use or reduction or enlargement
in size or other alteration of any building or change in use of any
building, including accessory structures, unless a site plan is first
submitted and approved by the reviewing board, and no certificate
of occupancy shall be given unless all construction and development
conform to the plans as approved by the reviewing board.
F.
Site plan approval shall not be required for any detached one-or two-dwelling-unit buildings or any uses accessory thereto, such as a private garage or storage shed incidental to residential uses, except as noted under Subsection G hereof, but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required by municipal ordinances.
H.
Exemptions.
[Added 7-29-1997 by Ord. No. 15-97[2]]
(1)
Notwithstanding any other provision of this Part 3,
site plan approval shall not be required for any acquisition or sale
of land by the Borough of Maywood or for any development undertaken
by the Borough of Maywood on lands owned, leased or to be owned or
leased by the Borough of Maywood, provided that such acquisition,
sale or development is authorized by resolution or ordinance adopted
by the Mayor or Council.
(2)
Except as otherwise provided, the Mayor and Council
may refer any proposal for acquisition, sale or development to the
municipal agency for its review, comments and recommendations prior
to effecting such acquisition or sale or commencing construction of
such development. This referral may be waived at the discretion of
the Mayor and Council. Upon such referral, the municipal agency shall
review and evaluate the same and apply the same criteria thereto as
if such acquisition, sale or development did, in fact, require site
plan approval. Such review however, shall be advisory only, and under
no circumstances shall the approval of the municipal agency be required.
[2]
Editor's Note: Resolution No. 91B-97, adopted
7-29-1997, set forth supporting reasons for the adoption of Ord. No.
15-97.
