Fairfield City Zoning Code
ARTICLE IX
Site Plan Review and Approval
§ 45-58.1 Requirements for Building Permits, Certificates of Occupancy or Certificates of Continued Occupancy for Existing Nonresidential Buildings Without Site Plan Approval.
[1969 Code § 75-92; Ord. No. 591; Ord. No. 738; Ord. No. 997; Ord. No. 91-15]
A building permit and/or Certificate of Occupancy and/or a Certificate of Continued Occupancy shall be issued without site plan approval for any change of tenancy so long as the use is permitted, and any repair, alteration or recertification of any nonresidential building provided that the application fully complies with all applicable building codes and provisions of this chapter and further provided that the proposal complies with the following standard(s):
a.
Repairs. All interior or exterior repairs which are intended to maintain or improve the property either aesthetically or structurally or both provided that the repairs do not violate any other standard of this section.
b.
Alterations; Interior. Interior alterations for a permitted use provided that the overall usable interior space is not increased or decreased by more than 10% or such other variation as is authorized by the BOCA Code and that office space is not increased or decreased from the present percentage of office use in the building to more than 50% office use for the building, and further provided that the Construction Official determines that the new use will not increase parking requirements in excess of the existing site parking capacity spaces or traffic flow and in the opinions of the Construction Official and Township Engineer the exterior lighting is sufficient and the property complies with the Property Maintenance Code. (A construction permit will not be withheld based on a property maintenance code violation but a final Certificate of Occupancy may be withheld pending correction of any Property Maintenance Code violation for which the owner has been given notice on issuance of the permit.) The Construction Official shall render such decision within 20 working days after application for a building permit or Certificate of Occupancy is filed.
1.
Building Interior Work.
(a)
Electrical (i.e. alarm systems, upgrade in service, lighting fixtures).
(b)
Plumbing.
(c)
Heating and ventilation.
(d)
Fire (i.e. sprinkler systems, underground tank installation, underground tank removal spray booths).
(e)
Reconfiguration of interior space without real location of use area (i.e. partitioning within designated office floor area of building, segregation within warehouse area).
c.
Alterations; Exterior. Exterior alterations for a permitted use that do not expand the size of a structure provided that the alterations do not adversely impact parking, traffic flow or overall site drainage. Exceptions from the "Impact" restrictions shall be minor changes to the location of loading spaces and the relocation of up to 10% of the on-site parking spaces as shown on the approved site plan plus associated traffic aisles shall be permitted upon approval of the Construction Official and Township Engineer provided they do not adversely impact the site or surrounding area and in the opinions of the Construction Official and Township Engineer, the exterior lighting is sufficient and the property complies with the Property Maintenance Code. (A construction permit will not be withheld based on a Property Maintenance Code violation but a final Certificate of Occupancy may be withheld pending correction of any Property Maintenance Code violation for which the owner has been given notice on issuance of the permit.) The Construction Official shall render such decision within 20 working days after application for building permit or Certificate of Occupancy is filed. If the exterior alterations face upon or adversely impact upon an abutting residential property, the application shall be submitted to the Site Plan Committee.
2.
All Repair Work.
(a)
All repair work necessary to properly maintain the property, both as aesthetically and structurally, such however, being limited to repair and replacement in kind.
3.
Notwithstanding any of the provisions contained therein, any requests for a construction permit may at the discretion of the Township Engineer and Construction Official be referred to the Planning Board for site plan approval.
4.
All applications for construction permits must be reviewed and approved by the Township Engineer and Township Construction Official.
d.
Change in Tenancy or New Use. Changes in tenancy or new use shall fully comply with this chapter and the applicant shall demonstrate in writing to the Zoning Officer that the parking and traffic of the existing developed site are adequate to accommodate the new use and further provided that the Zoning Officer shall determine that the new use will not adversely impact the site parking, traffic flow and lighting.
e.
Notice of Decisions to Mayor and Planning Board. A copy of all decisions granting or denying applications for building permits or Certificates of Occupancy under this section shall also be filed with the Governing Body and Planning Board.
f.
Denial of Application for Building Permit or Certificate of Occupancy; Referral to Site Plan Committee. Notwithstanding any of the provisions contained hereinabove, any application for a building permit or Certificate of Occupancy shall be referred to the Site Plan Committee if the Construction Official and Township Engineer conclude that the applicant has failed to satisfy any of the criteria set forth hereinabove or if the officials are unable to determine whether the applicable criteria have been satisfied. Any such referral under this subsection shall be made within 10 days after filing of the application and the referral shall be made to the Site Plan Committee by the Construction Official or the Township Engineer.
No application for building permits or Certificates of Occupancy shall be granted for any change in tenancy, new use, repair, alteration or enlargement of any non-residential building that does not comply with the standards of one or more of the above subsections unless a site plan for the same is first approved by the Planning Board (or the requirement for site plan approval is waived as provided for hereinafter) and no Certificate of Occupancy shall be given unless all construction conforms to the approved plan.
§ 45-58.2 Establishment of Site Plan Committee; Site Plan Waiver.
[Ord. No. 91-15]
a.
A Site Plan Committee is hereby established consisting of two members of the Planning Board (appointed by the Chairman), and the Township Engineer. The Planning Board Chairman shall have the power to rotate the assignment of Planning Board Members to the Site Plan Committee and the Planning Board Chairman shall also have the power to designate alternates to the Site Plan Committee among Planning Board Members. The Construction Official shall be included on the Committee as an ex-officio, non-voting member. Two regular members of the Committee shall be needed to constituted a quorum. The Committee is hereby empowered to grant site plan waivers authorized by a majority of the voting members of the Committee.
b.
The Committee shall hear and decide all requests for site plan waivers submitted directly to the Committee by an applicant or referred to it from the Construction Official and/or Township Engineer as authorized in Subsection 45-58.1e hereinabove and shall approve site plan waivers if the Committee determines that there has been substantial compliance with the above criteria.
c.
The Site Plan Committee shall render its determination in writing on all site plan waivers within 20 days of the referral of such matters from the Construction Official and/or Township Engineer or directly from the applicant. Any written request by an applicant for a site plan waiver to the full Planning Board shall be submitted to the administrative officer of the Planning Board within 10 days after the Committee's decision.
d.
If the Committee is unable to determine that there has been substantial compliance with the above criteria and/or denies the site plan waiver and/or upon written request of the applicant, the site plan waiver request shall be submitted to the full Planning Board for its review and determination and the Planning Board shall hear and determine such written request within 30 days. In the absence of such a request, the Site Plan Committee's decision to deny a site plan waiver shall be final.
§ 45-58.3 Application for Site Plan Waiver.
[Ord. No. 91-15]
Notwithstanding any other provisions contained in this section, any applicant may file an application for a site plan waiver directly with the Planning Board and the Planning Board shall hear and decide such site plan waiver application itself within 30 days.
§ 45-58.4 Approval of Site Plan Waiver.
[Ord. No. 91-15]
In the event that a site plan waiver has been granted either by the Site Plan Committee or the full Planning Board, the application shall be immediately referred to the Construction Official and Township Engineer for direct processing within 10 days of the building permit and/or Certificate of Occupancy applications in accordance with requirements of the applicable provisions of Construction Codes and this chapter.
§ 45-58.5 Prohibition of Site Plan Approval Where Taxes or Assessments are Due or Delinquent.
[Ord. No. 91-15]
In accordance with the provisions of N.J.S.A. 40:55D-39(e) and 40:55-65(h), the applicant shall submit to the Planning Board, proof that no taxes or assessments from local improvements are due or delinquent on the property for which any site plan or other development application is made. If the applicant fails to provide such proof, the Planning Board shall withhold its approval of any site plan or other development application.
§ 45-58.6 Site Plan Approval Required.
[1969 Code § 75-92; Ord. No. 591; Ord. No. 738]
Site plan approval shall be required for a single lot or parcel of land having one or more abutting properties with an existing house thereon. The site plan shall be drawn and acted upon in accord with this subsection.
a.
Before a permit is issued for construction of a building upon a parcel or parcels of land, as described above, a site plan shall be submitted to the Construction Official, at the time of application for a permit to build upon a residential property, showing the following:
1.
The existing and proposed elevations based upon the United States Coast and Geodetic Survey of the midpoints and corners of all property lines; existing elevations of abutting properties at a point five feet, more or less, outside of the property lines and at right angles thereto, at the midpoints and corners, as well as any unusual variation of the prevailing contour; the existing elevation of the center line of the street opposite both corners and the midpoint of the property line abutting any street; the proposed finished floor elevation of the garage floor; and/or, as the case may be, the finished floor elevation of the lowest proposed finished room.
2.
The proposed flow of water runoff from the roof leaders, as well as from the premises, to the point where it leaves the property, indicating the means, if any, of directing the flow to that point.
3.
The location of any structures, such as retaining walls, curbing, etc., which are proposed as part of the development of the parcel, as well as the location of the buildings proposed to be erected.
b.
The site plan will be submitted to the Engineering Department of the Township for its decision. Approval shall be based on the following:
c.
No fee shall be required for submission of the site plan for a residential development.
§ 45-58.7 Greatest Restrictions Shall Apply.
[1969 Code § 75-92; Ord. No. 591; Ord. No. 738]
This section shall not in any way abrogate or impair any provision of law, ordinances or regulations, except where it imposes a greater restriction.
§ 45-59 PROCEDURE FOR NONRESIDENTIAL DEVELOPMENT.
See Chapter 62, as amended.