Elmwood Park City Zoning Code
ARTICLE XIV
Administration and Permits
§ 34-56.1 Appointment and Duties.
[1969 Code § 88-41; Ord. No. 1978-6]
a.
The Borough Council shall appoint a Zoning Officer who shall be authorized to and shall administer and enforce the provisions of this chapter. At the discretion of the Borough Council, this position may be held by the Construction Official.
b.
The Zoning Officer shall receive applications for permits to construct, alter, use or occupy any building or land and shall issue such permits to applicants having complied with the provisions of this chapter. In no case shall a permit be granted by the Zoning Officer for the construction, alteration, and use of any building or land that would be in violation of this chapter.
c.
The Zoning Officer or his duly authorized agent shall have the right in accordance with law to enter and inspect any building premises and examine any plans during the daytime course of his duties to determine whether or not any construction, alteration or use of any building or use of land is in conformance with any permit issued therefor under the provisions of this chapter.
d.
The Zoning Officer shall order, in writing, the remedying of any conditions or the cessation of any construction, alterations, or use found to be in violation of any provisions of this chapter or of any conditions which may have been attached to the issuance of a permit to construct, alter or use, a building or lot by an official or official body of the Borough of Elmwood Park acting under this chapter.
§ 34-56.2 Records.
[1969 Code § 88-41; Ord. No. 1978-6]
a.
The Zoning Officer shall keep a record of all applications for permits and certificates issued and denied, together with all notations of specific conditions involved. He shall file and safely keep copies of all site plans and information supplemental thereto which shall be part of the records of his office and shall be available for the use of the Borough Council and of other officials of the Borough of Elmwood Park, Bergen County, or the State of New Jersey.
b.
The Zoning Officer shall prepare a monthly report for the Borough Council summarizing for the period since his last previous report all permits issued and all violations found and consequent actions taken by him. A copy of each such report shall be filed with the Tax Assessor.
§ 34-56.3 Cases of Doubt.
[1969 Code § 88-41; Ord. No. 1978-6]
Should the Zoning Officer be in doubt as to the meaning or intent of any provision of this chapter as to the location of a district boundary line on the Zoning Map or as to the propriety of issuing any permit in the particular case, he shall refer the matter to the Board of Adjustment for interpretation and decision.
§ 34-58.1 Building Permit and Procedure.
[1969 Code § 88-42; Ord. No. 1978-6; Ord. No. 92-9]
a.
No construction, alteration, or excavation for any building or other structure nor any use of building or land shall be begun without the issuance of a permit by the Zoning Officer indicating that the proposal is in compliance with the provisions and requirements of this chapter. A permit issued in accordance with the State Uniform Construction Code and satisfying the requirements thereof shall also satisfy the additional requirements of this chapter.
b.
All applications for permit shall be made on forms provided by the Zoning Officer. Each such application shall be accompanied by a site plan prepared in triplicate and drawn to such scale as required to show exact dimensions and locations of all buildings, yards, lot lines, off-street parking and such other appropriate details and information as may be necessary to provide for the administration of this chapter. All dimensions shown on these plans relating to the lot to be used or built upon shall be based on actual survey, deed description, or an approved subdivision plat. Where approval of the site plan is required, submittals required under § 34-59 shall also meet the requirements of this section. One copy of the approved site plan shall be returned to the applicant together with the permit issued by the Zoning Officer and with such conditions as may have been attached thereto by an official body of the Borough of Elmwood Park acting under this chapter. In those instances where permits are not granted, the applicant shall be advised in writing as to the specific conditions involved.
c.
Any permit issued shall become invalid if the authorized work shall not be commenced within six months after the issuance of the permit, or if the authorized work is suspended or abandoned for a period of six months after work has commenced, or if the authorized work is not completed within two years of the date of issuance. The Zoning Officer, subject to the approval of the Mayor and Council by resolution, may issue a new permit granting a reasonable continuation of time where unavoidable conditions prevented the initiation or completion of the work within these prescribed time periods.
§ 34-58.2 Certificates of Occupancy.
[1969 Code § 88-42; Ord. No. 1978-6; Ord. No. 88-10; Ord. No. 02-23 § 6; Ord. No. 12-17 § 2]
Any structure hereafter altered or erected shall not be occupied or used, in whole or in part, for any purpose whatsoever until a Certificate of Occupancy shall have been issued by the Zoning Enforcement Officer, upon the Zoning Enforcement Officer being satisfied and certifying that the premises and building comply with all the provisions of the applicable ordinances and development approvals of the Borough of Elmwood Park including, but not limited to, Planning Board and Board of Adjustment approval. If the Zoning Enforcement Officer declines to issue a Certificate of Occupancy, his reasons for so doing shall be stated on the application, one copy of which shall be returned to the applicant. Appeals from a decision of the Zoning Enforcement Officer or the question of issuance of a Certificate of Occupancy may be made to the Board of Adjustment. No change in the use of any premises shall be made until a new zoning permit and Certificate of Occupancy have been granted after application therefor.
§ 34-58.3 Certificate of Continuing Occupancy for Commercial, Industrial and Residential Premises.
[1969 Code § 88-42; Ord. No. 1978-6; Ord. No. 91-11; Ord. No. 92-7; Ord. No. 95-3; Ord. No. 02-3; Ord. No. 09-2 § 1; Ord. No. 12-17 § 3; Ord. No. 2015-08]
a.
No person shall occupy or use any portion of a commercial, industrial or residential building after such building or portion thereof has been vacated or sold, or for which there has been a change in use or a change in occupancy, until the owner/landlord shall have applied for and secured a Certificate of Continuing Occupancy from the Zoning Enforcement Officer of the Borough of Elmwood Park.
With respect to any change in occupancy/ownership in any nonresidential district the Zoning Officer shall have the discretion to determine whether a full review and approval by the Planning Board should be made prior to the issuance of a Continuing Certificate of Occupancy. At the discretion of the Zoning Officer continuing uses in nonresidential districts will be directed to the Planning Board for determination of adequacy in parking and conformance with the Zoning Ordinances of Elmwood Park and any land use resolutions in effect. The Zoning Enforcement Officer's review shall verify:
1.
The type of business of the new occupant is a permitted use.
2.
The number of employees of the new occupant shall be equal to or less than the past one.
3.
The number of parking spaces required by the new occupant shall be equal to or less than the past one.
4.
The nature of the interior renovations (i.e., substantial or minor) of the new occupant.
5.
New or relocated office, medical and/or retail use in a building.
If the Zoning Enforcement Officer determines that based upon the above factors Planning Board review and approval is not required, the Zoning Enforcement Officer shall then have the authority to issue to the owner/tenant the appropriate Continuing Certificate of Occupancy.
If the Zoning Enforcement Officer determines that based upon the above factors Planning Board review and approval is required, the matter shall then be referred to the Planning Board. The Planning Board shall review the application and impose the same requirements the Board applies in the issuance of a Continuing Certificate of Occupancy.
b.
Upon receipt by the Enforcement Officer of an application for a Certificate of Continuing Occupancy and payment of the requisite fee, the Enforcement Officer or person designated by him shall conduct an inspection of the premises in question to insure compliance with applicable building, health, safety and fire codes, regulations, ordinances and statutes of the Borough of Elmwood Park and State of New Jersey.
c.
The Enforcement Officer shall issue a Certificate of Continuing Occupancy upon his inspection and satisfaction that no violation of the aforementioned codes, regulations, ordinances and statutes exist.
d.
If violations are found to exist, there shall be no new occupancy or use of the premises until compliance with this subsection has been obtained. If compliance is not obtained within a reasonable time after inspection and notice, the Enforcement Officer is authorized to take appropriate legal action.
e.
The Enforcement Officer shall provide a form to be completed by each applicant. $100 shall be paid for residential single-family dwellings. A fee of $275 shall be paid for commercial multi-family or industrial properties. The Enforcement Officer may waive the inspection and the above fee if an inspection of the same premises has been made within 60 days, and there has been no physical change to the property.
§ 34-59.1 When Required.
[1969 Code § 88-43; Ord. No. 1978-6; Ord. No. 85-10]
No building permit shall be issued for any structure until a site plan has been reviewed and approved by the Planning Board pursuant to Subsection 34-63.7 of this chapter; except that the approval of a site plan for a detached one or two dwelling unit building and its accessory buildings on a lot shall not be necessary unless said property is a nonconforming or conditional use or is on a nonconforming lot or located in the flood hazard zone.
§ 34-59.2 Review by Planning Board.
[1969 Code § 88-43; Ord. No. 1978-6]
The Board shall review the proposal, determine whether or not the applicable standards provided by this chapter have been observed, note objections to such parts of the plans that do not meet the standards, and make corrections and recommendations for desired changes to effect compliance with the chapter and provide the most desirable alternative for development of the tract in compliance with the chapter.
§ 34-59.3 Referral for Additional Recommendations.
[1969 Code § 88-43; Ord. No. 1978-6]
The Board may refer the site plan to other individuals, professionals, committees, or subcommittees for comments and recommendations.
§ 34-59.4 Use Variances; Review by Board of Adjustment.
[1969 Code § 88-43; Ord. No. 1978-6]
Site plan review and approval as provided under this section shall be conducted by the Board of Adjustment, to the same extent and subject to the same conditions and restrictions as the Planning Board, whenever the Board of Adjustment is reviewing an application for use variance pursuant to Subsection 34-64.10a4 of this chapter.
§ 34-59.5 Application.
[1969 Code § 88-43; Ord. No. 1978-6; Ord. No. 93-5]
a.
At least 14 days before date of the scheduled monthly meeting of the Planning Board, the applicant desiring to obtain site plan approval shall file with the Zoning Officer:
b.
Any application for land development shall be submitted to the proper Administrative Officer, in writing, in quadruplet, on forms supplied by the Planning Board/Zoning Board of Adjustment. All information and required data must conform to the following requirements before any application shall be considered as complete:
1.
No application shall hereafter be scheduled for a public meeting until the application has been determined to be complete.
2.
The Borough Engineer is hereby named as the Board's designee to certify the completeness/incompleteness of each application for development.
3.
Within the forty-five-day statutory period the Borough Engineer will notify the Board and applicant, in writing, as to whether the application is complete or incomplete (and, if incomplete, setting forth deficiencies).
5.
Nothing contained herein is intended to deprive the Planning Board/Zoning Board of Adjustment of its right to waive stated deficiencies or to supplement the deficiency list as work sessions progress.
§ 34-59.6 Preliminary Site Plan Approval.
[1969 Code § 88-43; Ord. No. 1978-6]
a.
For preliminary approval, submission in tentative form for discussion purposes of the tract and any engineering documents shall be considered sufficient. If submission of architectural plans are necessary, preliminary plans and elevations shall be sufficient.
b.
If an application for site plan approval is found to be incomplete, the applicant shall be notified thereof within 45 days of the submission of such application or it shall be deemed to be properly submitted.
c.
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the applicant that have been the subject of a hearing pursuant to Article XVII of this chapter (§ 34-65), the applicant shall be required to submit an amended application, which shall be proceeded on as in the case for the original application.
d.
Upon submission of a complete application for a site plan of 10 acres of land or less, the Planning Board shall grant or deny preliminary site plan approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a site plan of more than 10 acres, the Planning Board shall grant or deny preliminary site plan 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.
e.
The Planning Board when acting upon applications for preliminary 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 for site plan review and approval contained in this Article. If the literal enforcement of one or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
f.
Preliminary approval of a site plan shall, except as provided in Subsection 4 below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
1.
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and tract improvements; and any requirements peculiar to the site plan pursuant to Subsection 34-59.9; except that 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;
2.
That 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; and
3.
That 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.
4.
In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections 1, 2 and 3 above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration: (a) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (b) economic conditions, and (c) the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration: (a) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (b) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (c) economic conditions and (d) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
§ 34-59.7 Final Site Plan Approval.
[1969 Code § 88-43; Ord. No. 1978-6; Ord. No. 1985-10]
a.
The Planning Board shall grant final site plan approval if the detailed drawings, specifications and estimates of the applicant's submittal for final site plan approval conform to the conditions of preliminary approval and the standards set forth in this chapter.
b.
Final approval shall be granted or denied within 45 days after submission of a complete application for final approval, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval and a certificate of the Secretary of the Board as to the failure of the Planning Board to act shall be issued on request of the applicant.
c.
Before final approval of the site plan, the applicant shall submit a copy of the site plan and supporting documents and data to the County Planning Board for its approval subject to the adopted site plan resolution of the County. The County Planning Board shall have 30 days from the receipt of the site plan to report to the Borough Planning Board. In the event of disapproval, such report shall state the specific reasons therefor. If the County Planning Board fails to report to the Borough Planning Board within the thirty-day period, said site plan shall be deemed to have been approved by the County Planning Board. Upon mutual agreement between the County Planning Board and the Borough Planning Board, with approval of the applicant, the thirty-day period may be extended for an additional thirty-day period and such extension shall so extend the time within which the Borough Planning Board is required to act.
d.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Subsection 34-59.6, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to Subsection 34-59.6, for the section granted final approval.
e.
No permit shall be issued by the Construction Official until receipt of the Planning Board's approval or the expiration of the time period, whichever comes first. If no approval is received during the above time period, or authorized extension(s), the Construction Official may thereupon issue the applicable permit. In the event the Planning Board disapproves the plans, no permits shall be issued. Any applicant wishing to make a change in an approved application shall follow the same procedure as the original application. No Certificate of Occupancy shall be issued to a new occupant of an existing building until the proposed use and site plan are reviewed and approved by the Planning Board. Where more parking or loading may be required, they shall be constructed by the applicant in accordance with this chapter, together with the extension or enlargement of the existing drainage system where deemed necessary by the Borough Engineer prior to the issuance of a Certificate of Occupancy for the new occupant.
§ 34-59.8 Plan Preparation.
[1969 Code § 88-43; Ord. No. 1978-6; Ord. No. 1985-10]
Each site plan shall be submitted at a scale of one inch equals 50 feet, 40 feet, 30 feet or 10 feet for a tract up to 40 acres in size; one inch equals 100 feet for a tract over 40 acres. All plans shall have approved title box and be signed and sealed by an architect or engineer licensed to practice in the State of New Jersey, submitted on one of four of the following standard sheet sizes (8.5 inches by 13 inches; 15 inches by 21 inches; 23 inches by 36 inches; 30 inches by 42 inches) and including the following dates (if one sheet is not sufficient to contain the entire territory of the tract, the tract may be divided into sections to be shown on separate sheets of equal sizes, all sheets with the same scale, with references on each sheet to the adjoining sheets); completed application forms, name of the development, tax map lots and block numbers, zoning district, schedule of required and proposed zoning specifications, including floor area breakdowns, setbacks and yards, names and addresses of the owner and the applicant, name and addresses of the property owners within 200 feet of the site, names of the existing streets within 500 feet of the site, key map, north arrow, graphic scale, all existing and proposed elevations in the U.S.C. & G. datum, date of the original plan and each subsequent revision date, total tract acreage to 1/100th of an acre, a boundary survey of the tract certified by a land surveyor licensed in the State of New Jersey, existing and proposed streets and street names, existing and proposed contour lines at one foot intervals and/or sufficient spot elevations inside the tract and within 50 feet of the tract's boundaries, existing and proposed elevations at buildings and lot corners, existing and proposed watercourses, existing and proposed storm drainage lines including pipe types, sizes and slopes, inlets and manhole types, inverts grates and rim elevations, retaining walls, drywells, all pertinent details, drainage calculations, proposed roof leader connections, existing and proposed sanitary sewer lines and laterals (including cleanouts), existing and proposed water mains and laterals (including gate valves and shut off boxes), existing and proposed gas, electric, telephone, cable T.V. lines and connections, existing structures on the site and adjoining lots, existing woods, existing and proposed landscaped areas, existing and proposed pavements and details, existing and proposed curbs and details, existing and proposed driveways (including types and curbs opening sizes), existing and proposed walks, sidewalks and details, existing and proposed traffic arrangements and signs, existing and proposed easements, proposed lighting of the site, proposed hours of operations, proposed number of employees, proposed parking and loading (numbering spaces), general notes reflecting and explaining proposed improvements, sequence of improvements construction, compliance with Borough's and other pertinent specifications, other pertinent data and information as may be required by the respective Board, appropriate places for the signatures of the respective Board Chairman, Secretary, and Borough Engineer and the dates of the official Board action.
§ 34-59.9 Plan Information.
[1969 Code § 88-43; Ord. No. 1978-6]
Each site plan shall have the following information shown thereon or annexed thereto:
a.
Building and Use Plan. This plan shall show the size, height, location, arrangement and use of all existing and proposed structures and signs including proposed total building coverage in acres or square footage, as well as percent of the lot coverage, with an architect's scaled elevations of the front, side and rear of any structure and sign to be erected or modified to the extent necessary to apprise the Planning Board of the scope of the proposed work. Any existing structures on the tract shall be identified either to remain or be removed. A written description of the proposed use(s) and operation(s) of the building(s) including the number of employees in nonresidential buildings; the proposed number of shifts to be worked and maximum employees on each shift; expected truck and tractor-trailer traffic; emission of noise, glare, vibration, heat, odor, air and water pollution; safety hazards; and anticipated expansion plans incorporated in the building design. Floor plans shall be submitted as well as the types of materials to be utilized for exterior walls.
b.
Circulation Plan. This plan shall show access streets and street names; acceleration/deceleration lanes; curbs, aisles and lanes; access points to public streets; sight triangles; traffic channelization; easements; fire lanes; driveways; number and location of parking and loading spaces, loading berths or docks; pedestrian walks; bikeways and all related facilities for the movement and storage of goods, vehicles and persons on the tract, and lights, lighting standards, signs and driveways within the tract and within 100 feet of the tract. Sidewalks shall be shown from each entrance/exit along expected paths of pedestrian travel such as, but not limited to, access to parking lots, driveways, other buildings on the tract, and across common yard areas between buildings. Plans shall be accompanied by cross sections of new streets, aisles, lanes, driveways, bikeways and sidewalks. Any expansion plans for the proposed use shall show feasible parking and loading expansion plans to accompany building and expansion.
c.
Landscaping Plan. This plan shall show existing and proposed wooded areas, buffer areas including the intended screening devices and buffers, grading at two-foot contour intervals inside the tract and within 50 feet of its boundaries, seeded and/or sodded areas, ground cover, retaining walls, fencing, signs, recreation areas, shrubbery, trees, and other landscaping features. These plans shall show the location and type of man- made improvements and the location, species, and caliper of plant material and trees to be located on the tract. All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, berms, rock formations, contours, existing foliage, and the planting of coniferous and/or deciduous trees native to the area in order to maintain or re-establish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any tract shall be planned for aesthetic, drainage, and erosion control purposes. The grading plan, drainage facilities, and landscaping shall be coordinated to prevent erosion and siltation as outlined under the Borough Soil Removal Ordinance and the Standards for Soil Erosion and Sediment Control in New Jersey (adopted by the New Jersey State Soil Conservation Committee), as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water from the tract and contributing upstream areas.
d.
Facilities Plan. This plan shall show the existing and proposed locations of all drainage; open space; common property; fire, gas, electric, telephone, sewerage and water line locations; and solid waste collection and disposal methods including proposed grades, sizes, capacities, and materials to be used for facilities installed by the applicant. Installations by utility companies need only show their locations on the plan. All easements acquired or required on the tract and across adjacent properties shall be shown and copies of legal documentation that support the granting of an easement by an adjoining property owner shall be included. The method of sanitary waste disposal shall be shown. All proposed lighting shall be shown including the direction, angle, height, and reflection of each source of light. All utilities shall be installed underground.
§ 34-59.10 Purpose of Standards.
[1969 Code § 88-43; Ord. No. 1978-6]
The standards noted above and elsewhere in this chapter shall be for the general purposes of enhancing the neighborhood; providing adequate access to off-street parking and loading facilities for employees, visitors and residents; providing buffering techniques for safety and/or aesthetic purposes; preventing uses which violate applicable State and Federal safety and environmental regulations; preserving floodways and flood hazard areas; and requiring that all raw materials, fuel, goods in process, finished goods, machinery and equipment shall be housed and screened from residential uses.
§ 34-59.11 Modification of Plan Information Requirements.
[1969 Code § 88-43; Ord. No. 1978-6]
The Planning Board or Board of Adjustment, in reviewing the site plan for a proposed development, may waive or modify plan information required from the applicant as determined to be reasonable considering the scope and nature of the proposed development.