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Borough of Kenilworth, NJ
Union County
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Table of Contents
Table of Contents
Code
New Laws (4) Index Notes (1)
For the purposes of this Part 2, "site development" shall consist of the construction of any building, other than a detached one-family dwelling or a detached two-family dwelling, if such is permitted by zoning ordinance or variance, involving a floor area of over 100 square feet or under 100 square feet in the case of commercial or industrial buildings. "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 feet. Repaving of existing parking areas shall not be considered site development requiring site plan approval.[1]
[1]
Editor's Note: Original § 255-227, Administration, which previously followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 120-9.2, Administration.
A. 
Application. Any owner of land within the Borough, prior to developing a site, shall submit to the Planning Board Secretary or his/her designee such number of copies, as specified in the Planning Board's application form, of a preliminary site plan and such other information as is required below in tentative form for preliminary approval. The applicant may, however, submit such site plan and accompanying information in final form and may request final approval concurrently with preliminary approval, which request may be granted by the Board if the data required for final approval under § 120-15.9 hereunder is found to be complete and satisfactory.
B. 
Determination of completeness. The administrative officer shall review the application for development, and if it is found to be incomplete, the developer shall be notified thereof within 45 days of the submission of such application, or it shall be deemed to be complete.
C. 
Amendments. If the Planning 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.
The Planning Board shall, if the proposed development complies with this Part 2 and N.J.S.A. 40:55D-1 et seq., grant preliminary site plan approval. A public hearing shall be required.
Whenever review or approval of the application by the County Planning Board is required by 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 by the Planning Board by its failure to report thereon within the required time period.
A. 
Change of requirements. 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; 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 preliminary approval as relate to public health and safety.
B. 
Extensions of approval period; conditions. The applicant may apply for and the Planning 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 that if the design standards have been revised by ordinance, such revised standards may govern.
A. 
Approval by whole or by section. 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.
B. 
Submission to administrative officer and Board. The final site plan shall be submitted to the administrative officer, in the number of copies requested by the Planning Board's application form, for forwarding to the Planning Board for final approval. The administrative officer shall immediately notify the Secretary of the Planning Board upon receipt of the final site plan application.
C. 
Public hearing. 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 site plan shall again go through the procedure required for preliminary site plans as an amended preliminary site plan.
A. 
Changes from approved plan. The site plan, as approved by the Planning Board, shall be binding upon the applicant. Any changes from the approved site plan shall require resubmission and reapproval by the Planning Board, with appropriate fees.
B. 
Expiration of approval. The approved site plan shall remain effective for a period of two years from the date of approval, and all improvements shall be installed within that time period.
Site plans shall be drawn on a map or maps to a scale not smaller than one inch equals 40 feet and not larger than one inch equals 10 feet and shall include and show the following information with respect to the subject property, except that preliminary site plans may be submitted without grade elevations and engineering designs and may include only preliminary architectural floor plans and typical elevations:
A. 
The name and address of the applicant and the owner.
B. 
The name, address and title of the person preparing the site plan, maps and accompanying data.
C. 
The date of preparation and the dates of each revision, where applicable.
D. 
A signature and certification by a registered engineer, land surveyor or architect, with property survey data to be based on current survey.
E. 
An appropriate place for the signatures of the Chairperson and Secretary of the Planning Board and the Borough Engineer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
The lot and block number or numbers from the Borough Tax Maps.
G. 
The length and bearings of the lot lines of the proposed project.
H. 
A scale, North sign and key map relating the site to the streets in the surrounding area.
I. 
The zone district in which the lot or lots are located and the zone district or districts of all the immediately adjoining lots.
J. 
The location, size and nature of all existing and proposed rights-of-way, easements and other encumbrances which may affect the lot or lots in question.
K. 
The location, size and nature of the entire lot or lots in question, and any contiguous lots owned by the applicant or in which the applicant has a direct or indirect interest, even though only a portion of the entire property is involved in the site plan for which approval is sought, provided that where it is physically impossible to show the entire lot or lots or contiguous lot or lots on one map, a key map thereof shall be submitted.
L. 
The location, names and pavement and right-of-way widths of all existing and proposed streets abutting the lot or lots in question.
M. 
The property lines of all abutting properties, together with the names and addresses of the owners as disclosed on the Borough Tax Map and tax rolls as of the date of the site plan application.
N. 
The location of the nearest portions of existing buildings on properties abutting the site in question.
O. 
The existing and proposed principal building or structure and all accessory buildings or structures, if any, with dimensions showing present and finished grade elevations at all corners and entrances of such buildings or structures, first-floor elevations and the complete floor plans and elevation plans thereof.
P. 
Present and proposed topography, based on New Jersey Geodetic Control Survey Datum, at one-foot contour intervals, including sufficient distance outside the site to show the relationship to adjoining properties.
Q. 
All existing and proposed setback dimensions.
R. 
Landscaped areas, trees over six-inch caliper on the part of the site affected by the proposed development, fencing, size and type of planting and plant material upon the subject lot or lots, including a planting plan drawn by a qualified landscape architect or landscape designer and signed by him/her.
S. 
The location, type and size of all existing and proposed curbs, sidewalks, driveways, street pavement widening, fences, retaining walls and parking space areas, together with the dimensions of all the foregoing, for the site and the nearest portions of properties abutting the site.
T. 
The number of employees, total and maximum on one shift.
U. 
The location, type and size of existing and proposed catch basins, storm drainage facilities and all utilities, both above and below ground. Drainage calculations shall be submitted to show stormwater detention in conformance with Subchapter 7, Stormwater Management (N.J.A.C. 5:21-7.1 et seq.), of the Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., and the adequacy of proposed storm drainage facilities and security against flooding.
V. 
Evidence of approval by the State Department of Environmental Protection, where applicable, including encroachment permits. A showing shall be made of how the requirements of Part 4, Stormwater Control, are complied with in regard to flood protection and control of stormwater runoff.
W. 
All existing and proposed signs and their size, nature of construction and location.
X. 
All existing and proposed exterior lighting, including size, nature of construction, location, height, the area and direction of illumination and the lumen power.
Y. 
Soil erosion and sediment control plan, as described in this Part 2, for sites where over 5,000 square feet of ground area is being disturbed.
Z. 
Cost estimates and proposed construction and maintenance bonds and construction time schedules related to building construction for any required improvements under Part 2 not proposed to be completed before the issuance of a certificate of occupancy.
AA. 
Plans for any off-tract improvements, including cost estimates and calculations of the share to be borne by the developer, under the standards described in this Part 2.
BB. 
Any and all other information and data necessary to meet any of the requirements of this Part 2 not listed above, and any information and data required by the county or state.
In the course of its review, the Board may consider the following:
A. 
The layout of the site with respect to the arrangement and widths of driveways on the site and giving access thereto.
B. 
The amount of space required for automobile parking and for the loading and unloading of goods and materials, the location of such space and access thereto.
C. 
The improvement of roadways and automobile parking areas by grading, surfacing and the installation of drainage structures.
D. 
Lighting.
E. 
The installation of waterlines and facilities for sanitary sewerage.
F. 
The display of signs.
G. 
The appropriateness of the site plan and of the design of the buildings in relation to the physical characteristics of the site, the character of the neighborhood and the most beneficial prospective use of land in the neighborhood.
H. 
Conformance with the objectives of the Master Plan, Part 3, Zoning, and this Part 2.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
I. 
The location, design and adequacy of screening and landscaping.
The installation of improvements as approved in the final site plan, other than buildings, shall be subject to inspection by the Borough Engineer. Approval shall be revoked if there is a significant deviation from the site plan as approved. Performance and maintenance bonds may be required and shall be released subject to approval by the Borough Council upon recommendation by the Borough Engineer. 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. 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.