Montvale City Zoning Code
ARTICLE XII
Site Plan Review
§ 400-101 Title.
This article consists of an ordinance establishing rules, regulations and standards governing site plan review within the Borough of Montvale, pursuant to the authority as set forth in Chapter 291 of the Laws of 1975,[1] and amendments and supplements thereto, setting forth the procedure to be followed in applying and administering these rules, regulations and standards, and providing penalties for the violations thereof, being incorporated and a part of an ordinance entitled, "Comprehensive Revision of Chapter 400 of the Code of the Borough of Montvale, County of Bergen, State of New Jersey," as the same has been amended and supplemented.
[1]
Editor's Note: See N.J.S.A. 40:55D-1, the Municipal Land Use Law.
§ 400-102 Short title.
This article of this chapter shall be known as the "Site Plan Review and Procedures Ordinance of the Borough of Montvale."
§ 400-103 Purposes.
Such regulations are deemed necessary to achieve the following purposes:
A.
Promote orderly development. To protect the character and to maintain the stability of all areas within the community and to promote the orderly and beneficial development of such areas.
B.
Promulgate rules and regulations. To provide rules, regulations and procedures where applicable and to the extent the same have not been otherwise promulgated by ordinance in the Borough of Montvale which will guide the appropriate development of the lands within the Borough in a manner which will promote the public health, safety, morals and general welfare.
C.
To protect against hazards and danger. To secure safety from fire, flood, panic and other natural and man-made disasters.
D.
Design standards. To encourage the design and location of streets which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion.
E.
Creative development techniques. To promote a desirable physical environment through creative development techniques, design and arrangement.
F.
Open spaces. To promote the conservation of open space and to protect the natural resources and to prevent overcrowding through improper land use.
§ 400-104 Definitions.
A. ADMINISTRATIVE OFFICER APPLICANT APPLICATION FOR DEVELOPMENT APPROVING AUTHORITY BOARD BUILDING COMMON OPEN SPACE CONDITIONAL USE CONVENTIONAL COUNTY MASTER PLAN DAYS DEVELOPER DEVELOPMENT DRAINAGE ENVIRONMENTAL COMMISSION EROSION FINAL APPROVAL GOVERNING BODY HISTORIC SITE INTERESTED PARTY LAND LOT MAINTENANCE GUARANTY MASTER PLAN MINOR APPLICATION OFFICIAL COUNTY MAP OFFICIAL MAP OFF SITE OFF TRACT ON SITE ON TRACT OPEN SPACE PERFECTED APPLICATION PERSON PLAN PLANNED RESIDENTIAL DEVELOPMENT PLAT SIGHT TRIANGLE SITE PLAN(1) (2) (3)
Unless the context otherwise indicates, the following definitions shall be used in the interpretation and construction of this article. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot"; the word "used" includes the words "arranged, designed, constructed, converted, rented, leased or intended to be used"; the word "shall" is mandatory and not optional; and the word "may" is permissive.
The Secretary to the Montvale Planning Board for any application before the Planning Board.
A developer submitting an application for development.
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to law.
The Planning Board of the Borough of Montvale.
The Planning Board of the Borough of Montvale.
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
An open space area within or related to a site designated as a development or designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
Development other than planned development.
A composite of the Master Plan for the physical development of Bergen County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Bergen County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4, as the same may be amended or supplemented.
The number of calendar days for the purposes of this chapter.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill and any use or change in the use of any building or other structure or use or extension of use of land, for which permission may be required.[1]
The removal of surface water or groundwater from land by drains, grading or other means, including the control of runoff, to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
The official action of the approving authority taken on a preliminary approved site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
The Mayor and Borough Council of the Borough of Montvale.
Any building, structure, area or property that is significant in the history, architecture, archeology or culture of this state, its communities or the nation and which has been so designated.
For the purpose of this chapter, any person, whether residing within or without the Borough of Montvale, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire or enjoy property under this chapter, or under any other law of this state or the United States have been denied, violated or infringed by an action or failure to act under this Code.
Includes improvements and fixtures on, above or below the ground surface.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
Security, other than cash, which may be accepted by the Borough of Montvale for the maintenance of any improvements required by this chapter.
A composite of one or more written or graphic proposals for the development of the Borough of Montvale, adopted by the Montvale Planning Board.
Any application, other than for subdivision, where the aggregate estimated cost of improvements to the land, inclusive of site improvements, where necessary, do not exceed $500.
[Added 5-12-1987 by Ord. No. 87-836]
The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Bergen County pursuant to N.J.S.A. 40:27-5.
A map and accompanying ordinance adopted by the governing body of the Borough of Montvale pursuant to law. Such a map shall be deemed to be conclusive with respect to the location and width of streets and public drainageways and the location and extent of flood control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence.
Located outside the lot lines of the lot in question but within the property (of which the lot is part) which is the subject of a development application or on a contiguous portion of a street or right-of-way.
Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for use and enjoyment by owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
[Added 8-9-1994 by Ord. No. 94-974]
For the purpose of this chapter, one that is submitted in a proper and complete form, including all required application forms and maps, all required fees are submitted and filed within the appropriate time schedules, and proof is included that no taxes or assessments for local improvements are due or delinquent on the property for which approval is sought.
Any individual, firm, association, partnership, corporation, syndicate, copartnership, trust or other legal entity.
The provisions for development of a planned development, including a plat of the subdivision; all covenants relating to use, location and bulk of buildings and other structures; intensity of use or density of development; public or private streets, driveways and parking facilities; open space and public facilities.
[Added 7-13-1993 by Ord. No. 93-951]
An area with a specified minimum of five acres of contiguous land to be developed as a single entity according to a plan containing one or more residential clusters and which may include public or quasi-public uses, all for the primary benefit of the residential development.
[Added 7-13-1993 by Ord. No. 93-951]
A map or maps of a subdivision or site plan pursuant to the provisions of this article and/or Chapter 350, Subdivision of Land, of the Borough of Montvale.
[Amended 7-13-1993 by Ord. No. 93-951]
As defined in § 400-8 of this chapter.
[Added 8-9-1994 by Ord. No. 94-974; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.
Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.
§ 400-105 Review required.
A.
Except as hereinafter expressly provided, no building or land shall be used, and no building or structure shall be built, altered, erected or used, and no other land shall be cleared or graded, nor any building permit or certificate of occupancy issued as a matter or right, but such shall be granted on application and approval of the Planning Board of the Borough of Montvale, as may in the case be the appropriate authority, in accordance with the provisions as embodied in this article and Article XIII. Development plan approval shall be required for all cases except those specifically excepted from the provisions of this chapter.
[Amended 3-12-1996 by Ord. No. 96-1020]
B.
Notwithstanding the provisions of this article, no site plan approval shall be required prior to the issuance of a building permit or certificate of occupancy for any new building or addition to an existing building if such building or addition is used or is intended to be used solely as a single-family or two-family detached dwelling or as an accessory thereto.
§ 400-106 Fees and deposits.
A.
Unless otherwise provided by law or elsewhere by ordinance, the nonrefundable fees and the deposits in connection with site development applications or the rendering of any services by the Planning Board shall be as set forth in this section. In the event of a conflict between the fees in this section and those set forth on Schedule A, adopted by ordinance and on file with the Land Use Administrator, the fees on Schedule A shall apply.
[Amended 7-8-1986 by Ord. No. 86-818; 5-12-1987 by Ord. No. 87-836; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Escrow fees.
(1)
In addition to the required application fees established herein, the applicant shall be required to establish one or more escrow accounts with the Borough of Montvale to cover the reasonable costs of professional review and consultation.
(2)
Said escrow fees shall be required for preliminary site plan approval, final site plan approval and any site plan requiring conditional use approval, any site plan requiring subdivision approval and any site plan requiring a variance of any type.
C.
Such additional deposits to be paid to the Borough Treasurer at the time of submission of a development plan are as follows:
[Amended 7-8-1986 by Ord. No. 86-818; 2-24-1998 by Ord. No. 98-1083]
(1)
Three thousand dollars for the 40,000 square feet of land or part thereof included within the site development.
(2)
An additional sum computed at the rate of $75 per 1,000 square feet of land or part thereof in excess of one acre.
(3)
A sum computed at the rate of $30 per 100 square feet for the first 30,000 square feet of building floor area or part thereof included within the site development plan.
(4)
An additional sum computed at the rate of $15 per 100 square feet for each square foot of building floor area in excess of 30,000 square feet.
D.
Use of deposits; reimbursement of professionals and consultants.
[Amended 12-12-1995 by Ord. No. 95-1014]
(1)
Funds on deposit shall be expended to reimburse the municipality and approving authority in accordance with P.L. 1995, c. 54,[1] for moneys paid to professionals and consultants engaged by them on account of the reasonable cost to their services rendered with reference to the application for which the deposit has been established. Upon receipt of sufficient funds for the escrow account, the administrative officer shall notify the professionals and other consultants of the approving authority that all appropriate examinations and reviews may be undertaken.
[1]
Editor's Note: See N.J.S.A. 40:55D-53.2 et seq.
(2)
Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be by a voucher from the professional, including municipal employees who may render such services. This voucher shall identify the personnel performing the service and, for each date the services performed, the hours spent to one-fourth-hour increment, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Treasurer of the Borough of Montvale on a monthly basis. The professional shall send an informational copy of all vouchers or statements sent to the Treasurer of the Borough simultaneously to the applicant. The Treasurer of the Borough shall prepare and send to the applicant a statement which shall include an accounting of funds, listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis, if monthly charges exceed $1,000.
(3)
If an escrow account or deposit contains insufficient funds to enable the Borough to perform required application reviews or improvement inspections, the Treasurer of the Borough shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall forthwith post a deposit to the account in an amount to be agreed by the Borough or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
(4)
Upon final approval of and receipt of the signed site plan, the applicant shall send written notice by certified mail to the Treasurer of the Borough, the approving authority and to the relevant Borough professional that the application is completed. After receipt of such notice, the professional shall render a final bill to the Treasurer of the Borough within 30 days and shall send a copy simultaneously to the applicant. The Treasurer of the Borough shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with P.L. 1985, c. 315,[2] shall be refunded to the developer along with the final accounting.
[2]
Editor's Note: See N.J.S.A. 40:55D-53.1.
E.
The applicant shall, prior to the signing of an approved plan, deposit with the Borough of Montvale for the purpose of reimbursing the municipality or approving authority for disbursements made to its professionals subsequent to the approval on account of the application a sum equal to 3% of the estimated cost of the site improvements, which sum shall not be less than $200.
F.
As a further condition to approval and the issuance of a building permit, the applicant shall be required to enter into a developer's agreement with the Borough of Montvale, as drawn by the Borough Attorney, detailing the conditions of approval and the nature and scope of the work to be performed by the applicant.
G.
The installation of all improvements shall be required prior to the issuance of a certificate of occupancy; provided, however, that in lieu of the completion of certain improvements deemed nonessential to the use and occupancy of the premises, the Mayor and Council may, for good cause shown, in their discretion, permit upon proof by the applicant that no substantial hazard or detriment will be created, the posting of performance guaranties in appropriate form with sufficient securities in a form satisfactory to the governing body and in an amount sufficient to ensure completion of the said improvements.
H.
The application fee for approval by the approving authority of a certificate of occupancy or change in use, ownership or occupancy for an existing building where no improvements or variances are to be required shall be $75, payable to the Borough of Montvale. In addition, where the approving authority has granted an approval upon which conditions are imposed, the approving authority may, in its discretion, require the applicant to deposit with the Borough of Montvale, for the purpose of reimbursing the municipality or approving authority for disbursements made to its professionals for the preparation of a memorializing resolution of approval and/or required inspections related thereto, a sum equal to 3% of the estimated cost of meeting the conditions, which sum shall not be less than $200. All other procedures and requirements of this § 400-106 relating to escrow deposits shall also apply in the case of any deposit required by this subsection.
[Amended 7-8-1986 by Ord. No. 86-818; 12-10-1996 by Ord. No. 96-1045]
I.
Appeals.
[Added 12-12-1995 by Ord. No. 95-1014]
(1)
An applicant shall notify, in writing, the governing body, with copies to the Treasurer of the Borough, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the Borough in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to the provisions of P.L. 1975, c. 291.[3] The governing body, or its designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals any charge to an escrow account or a deposit by the Borough professional or consultant pursuant to the procedures set forth in P.L. 1995, c. 54.[4]
(2)
During the pendency of any appeal, the Borough or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course. Further, the Borough or approving authority shall not withhold, delay or deny reviews, inspections, signing of site plans, the reduction or the release of performance or maintenance guaranties, the issuance of construction permits or certificates of occupancy or any other approval or permit because an appeal has been filed or is pending under this subsection. The Treasurer of the Borough may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Treasurer shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount of the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
§ 400-107 Application procedure.
[Amended 9-11-1990 by Ord. No. 90-910; 11-11-1997 by Ord. No. 97-1072; 3-10-2020 by Ord. No. 2020-1478]
An applicant for sketch plat approval shall submit the following along with the application:
A.
The applicant shall submit five large copies (at least 24 inches by 36 inches but no more than 30 inches by 42 inches), 17 half-size copies, and one digital PDF copy (via email, CD, or thumb drive) of a completed application form, and all other required documentation in this section.
B.
In addition to the filing of an application and copies thereof as provided herein, the applicant shall file a sketch plat for the purpose of preliminary review or proceed immediately to file a formal site development plan as is provided for in § 400-109 of this chapter. In the event that the applicant elects to file a sketch plat with the approving authority, copies thereof shall be provided simultaneously with the application to those persons and agencies provided in § 400-109 of this chapter.
C.
The sketch plat, if submitted, shall be sufficiently detailed and understandable so as to show the subject property and surrounding land and shall set forth at least the following information:
(1)
Lot and block designation(s) of the property and the development name.
(2)
Property address.
(3)
Name and address of the applicant and record owner of the property, if other than the applicant.
(4)
Name, phone number, email address, license number, and seal of the person, firm, or organization preparing the sketch plat and for whom the sketch plat has been prepared.
(5)
Name, phone number, email address, license number of the architect, landscape architect, planner, and traffic engineer, if applicable.
(6)
Date prepared with all subsequent revisions noted on the sketch plat and dated.
(7)
North arrow, written and graphic scales, and reference meridian.
(8)
A key map showing the location of the property with reference to the surrounding area showing the lot and block number(s) of the property, lot and block numbers of adjacent properties, rights-of-way, zoning districts, and municipal boundaries. The map shall be drawn at a scale of not less than one inch equals 1,000 feet and include a North arrow and written and graphic scales.
(9)
The location, names, and existing widths of the adjacent streets, rights-of-way, and curblines.
(10)
Names of all owners of record of adjacent properties within 200 feet of the tract, together with the lot and block numbers of the properties as shown on the most recent municipal tax records.
(11)
The existing zoning of the property and on all adjacent lands.
(12)
Tabulation of all applicable zone district bulk requirements with a comparison to the existing and proposed conditions. All calculations to determine bulk regulations shall be provided (i.e., lot coverage, building height, floor area ratio, etc.).
(13)
List of all variances and waivers/exceptions being sought by the applicant.
(14)
Location and width of any existing watercourse, existing rock outcrops, depressions, lakes and ponds, wooded areas, marshes, and any other significant environmentally sensitive or natural terrain features as may be determined by survey.
(15)
Location of any flood hazard areas with delineation and elevation of the 100-year-flood boundary or stormwater overflow within 200 feet of the tract.
(16)
Location of uses and outline of structures including walls, fences, culverts, underground storage tanks, bridges, and roadways presently located on the subject property and on properties immediately adjacent thereto for a distance of 200 feet.
(17)
Location of existing wells and septic systems on site and within 100 feet of the property.
(18)
Location of paved areas, sidewalks, vehicular accesses, and circulation elements between the property and public streets.
(19)
Location of any existing sewers, culverts, or water lines.
(20)
The location of existing and proposed buildings with front, rear, and side yard setback dimensions and structural improvements.
(21)
Location and area of proposed sidewalks, driveways, loading areas, off-street parking, or other paved areas.
(22)
Any proposed grading, including the locations of proposed streets.
(23)
Any proposed utilities, including stormwater drainage.
(24)
Existing and proposed contours of the land, with a contour interval of not less than two feet. Existing contours are to be indicated by dashed lines, and proposed contours are to be indicated by solid lines. The reference datum shall be the United States Coast and Geodetic Survey data or other datum acceptable to the Borough Engineer.
(25)
Location of all lands with a topographic slope of 15% or greater in its natural state shall be separately designated on the topographic map of the property. A table shall accompany the map that provides existing and proposed steep slopes on the property in both square feet and percent.
(26)
All trees exhibiting a diameter of four inches or more measured 12 inches above the ground shall be specifically located, and all trees proposed to be removed shall be specified and provided in tabular format with size (dbh) and species.
(27)
Landscape plan illustrating the location illustrating the location of all proposed plantings, including street trees, mulched areas, and lawn areas, along with a table detailing the proposed planting botanical name, common name, size, quantity, and planting details.
D.
A written description of the proposed use and off- and on-tract improvements.
§ 400-108 Presubmission conference.
A.
Prior to the approval of the sketch plat, the applicant shall, if required, meet in person with the approving authority and/or the Environmental Commission or their designated representatives. The purpose of the conference shall be to discuss the proposed uses of the development, to review the application and sketch plat submitted therewith and to determine what additional information should be supplied to conform with the detailed filing of the site development plan provided for under § 400-107 of this chapter.
B.
The presubmission conference required herein shall be held within 30 days of the receipt of the application and sketch plat by the designated officials. The approving authority and/or the Environmental Commission or their duly designated representatives may within 10 days of the date of the presubmission conference submit their reports, comments and recommendations to the applicant.
§ 400-109 Formal site development plan filing procedure.
[Amended 8-9-1988 by Ord. No. 88-869; 9-11-1990 by Ord. No. 90-910; 7-13-1993 by Ord. No. 93-951; 8-9-1994 by Ord. No. 94-974; 11-11-1997 by Ord. No. 97-1072; 1-26-1999 by Ord. No. 99-1111; 12-14-1999 by Ord. No. 99-1137; ; 3-10-2020 by Ord. No. 2020-1478]
The applicant shall, simultaneously with the filing of the application herein provided for or at any time thereafter, proceed to file a detailed site plan and with respect thereto shall proceed as follows:
A.
Preliminary site plan and copies.
(1)
File five large copies (at least 24 inches by 36 inches but no more than 30 inches by 42 inches), 17 half-size copies, and one digital PDF copy (via email, CD, or thumb drive) of the site development plan and related information with the Secretary of the Board.
(2)
Said plan and copies shall be submitted to the Board Secretary at least 21 days prior to the Board meeting at which approval is requested and shall be accompanied by the fees and deposits in the amounts herein set forth in this chapter referable to the site development plan review.
B.
An application shall be considered perfected and filed when the application forms have been duly submitted, the fees and deposits paid, and the Borough Engineer and the Borough Planner shall have certified that the site development plan has been drawn in accordance with § 400-109 of this chapter and is otherwise in a form required for the formal action of the Board.
C.
The officials to whom a copy of the site development plan has been submitted shall forward to the Board, not later than eight days prior to the second regular meeting of the Board succeeding the perfection of the application, their recommendations and comments, if any, in writing, concerning the site development plan. The Board shall consider the recommendations thus advanced but shall proceed in the absence of such recommendations.
D.
The applicant shall cause the site development plan to be prepared by a licensed professional engineer or land surveyor. Site development plan elements shall include those listed below, which are appropriate to the proposed development or use:
(1)
Scale and dimensions. The map shall be at a scale of 10, 20, 30 or 40 feet to the inch, except that if the property has a maximum dimension in excess of 900 feet, a scale of 50 feet to the inch may be used.
(2)
Description data.
(a)
Lot and block designation(s) of the property and title of development.
(b)
Address of the property.
(c)
Name and address of the record owner of the property and applicant, if other than the record property owner.
(d)
Name, address, license number, and seal of the person, firm, or organization preparing the plan and for whom the plan has been prepared.
(e)
Date prepared with all subsequent revisions shall be noted on the plan.
(f)
North arrow, written and graphic scales, and reference meridian.
(g)
Sufficient description or information to designate precisely the boundaries of the property bearings which begin to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
(h)
The location, names, and existing widths of adjacent streets, rights-of-way, and curblines.
(i)
A key map showing the location of the property with reference to the surrounding area, showing the lot and block number(s) of the property, address, lot and block numbers of adjacent properties, rights-of-way, zoning districts, and municipal boundaries. The map shall be drawn at a scale of no less than one inch equals 1,000 feet and include a North arrow and written and graphic scales.
(j)
An aerial photograph with the property boundaries to evaluate effects upon existing vegetation and surrounding land uses.
(k)
Names of all owners of record of adjacent properties within 200 feet of the site, together with the lot and block numbers of the subject premises as shown on the most recent municipal tax records.
(l)
Location, width, and purpose of all existing and proposed easements, including, but not limited to, utility, drainage, sight, and access easements, within or joining the property.
(m)
Tabulation of all applicable zone district bulk requirements with a comparison to the existing and proposed conditions. All calculations to determine bulk requirements shall be provided (i.e., lot coverage, building height, floor area ratio, etc.).
(n)
List of all variances and waivers/exceptions being sought by the applicant.
(o)
Approval block for signatures of the Board Chairperson, Board Secretary, Borough Engineer, and any outside agencies required to approve the proposed development.
(3)
Natural features.
(a)
Existing and proposed contours of the land, with a contour interval of not less than two feet. Existing contours are to be indicated by dashed lines, and proposed contours are to be indicated by solid bold lines. The reference datum shall be the United States Coast and Geodetic Survey data or other datum acceptable to the Borough Engineer.
(b)
Location and width of any existing watercourse, existing rock outcrops, depressions, lakes and ponds, marshes, wooded areas, and any other environmentally sensitive or natural terrain features as may be determined by survey.
(c)
Location of any wetland areas and wetland transition areas as determined by a letter of interpretation from the NJDEP or a qualified wetlands expert and a metes and bounds survey of said wetlands. Said areas shall be appropriately flagged in the field.
(d)
Location of any flood hazard areas with delineation and elevation of the 100-year-flood boundary or stormwater overflow, including a metes and bounds description of the same, within 200 feet of the site.
(e)
All lands with a topographic slope of 15% or greater in its natural state shall be separately designated on the topographic map of the site. The applicant shall provide a breakdown of existing and proposed steep slopes on the property in square feet and percent.
(f)
All trees exhibiting a diameter of four inches or more measured 12 inches above the ground shall be specifically located, and all trees proposed to be removed shall be specified. The applicant shall present a table of existing and proposed trees to be removed by size (dbh).
(4)
Existing structures and utilities.
(a)
Location of all uses, buildings, and structures drawn to scale on and within 100 feet of the subject property. All structures, including walls, fences, culverts, bridges, roadways, and underground storage tanks, that are existing and proposed to remain shall be indicated with spot elevations. Structures to be removed shall be indicated by dashed lines.
(b)
Location of all paved areas, sidewalks, vehicular access, and circulation elements, including rights-of-way, traffic control, directional signage, and railroads, between the site and public streets.
(c)
Location, dimensions, grades, and flow direction of existing streets, culverts, and water lines, as well as other underground and aboveground utilities, including sanitary sewer, water, stormwater management, telephone, electric, gas, and cable TV, within and adjacent to the property.
(d)
Any existing buildings, structures, and walls that are of historic importance or are of important archaeological, cultural, scenic or architectural significance on the subject property or within 200 feet of the property shall be so noted on the plans.
(e)
Location and details of existing signage, lighting, landscaping, and solid waste areas to remain.
(f)
The location of existing wells and septic systems on site and within 100 feet of the site.
(5)
Proposed development.
(a)
The applicant shall set forth in detail the exact use to be made of the property and the buildings and structures thereon, including, but not limited to, required yard and setback areas, lot coverage and building coverage calculations, and building height in feet and stories.
(b)
The location of the proposed buildings or structural improvements with spot elevations at each corner of the proposed buildings. Floor space of all buildings, number of employees, housing units or other capacity measurements, where required, shall be so indicated.
(c)
Survey of the site signed and sealed by a licensed professional land surveyor.
(d)
Location, size, and details of all proposed signs.
(e)
Lighting plans, including location, type, wattage, height, direction, power, time of use, construction details, isolux lines, and location of security lighting, if proposed. Lighting plans shall comply with Chapter 250, Lighting, §§ 250-3, 250-4, 250-5, 250-6, 250-7 and 250-8, and a failure to comply with said sections shall be deemed to require a variance. All plans shall include the following:
[Amended 9-14-2021 by Ord. No. 2021-1510]
[1]
Description of outdoor light fixtures including component specifications such as lamps, reflectors, optics, angle of cutoff, supports, and poles, and include manufacturers' catalog cuts.
[2]
Locations and description of every outdoor light fixture and hours of operation.
[4]
Computer-generated photometric grid showing footcandle readings every 10 feet and the average footcandles.
[5]
Foundation details for light poles.
(f)
Preliminary architecture plans prepared by a licensed professional architect which include floor plans and building elevations illustrating floor area and room divisions, building height, facade design, and roof-mounted equipment, if applicable.
(g)
Landscape plan illustrating the location of all proposed plantings, including street trees, mulched areas, and lawn areas, along with a table detailing the proposed planting botanical name, common name, size, quantity, and planting details.
(h)
Details of traffic control devices with direction of traffic flow.
(i)
Location of fire lanes and other parking restrictions.
(j)
Soil erosion and sediment control plan. If more than 500 cubic yards of soil is proposed to be moved (cut plus fill), an application for a major soil movement permit and information in accordance with § 329-4 shall be submitted.
(k)
The location, arrangement, and construction of proposed sidewalks, driveways, loading areas, off-street parking areas, bicycle parking areas, solid waste and recycling disposal areas, fences, retaining walls, outdoor storage areas, or other paved areas. Improvements such as roads, parking areas, sidewalks, and other design details shall be indicated, including dimensions of parking stalls, access aisles, curb radii and traffic flows, and handicapped persons access facilities shall be provided.
(l)
Any proposed grading shall be illustrated at an interval of not less than two feet.
(m)
Location and design of proposed utility structures and lines, on-tract stormwater drainage with manholes, inlets, pipe sizes, grades, inverts, and flow directions, telephone, electric, water, gas, sanitary sewer, and cable TV lines.
(n)
Location of proposed area(s) to be used for snow equipment staging and/or the temporary storage of snow.
(o)
Location of any contemplated public improvements on or adjoining the property as indicated by the Borough Engineer.
(p)
If the site development plan is to be developed in phases, a phasing plan shall be submitted.
(q)
A garbage and refuse recycling plan providing for an area reserved for the separation of garbage and recyclable materials, inclusive of provisions for the storage of recyclable and nonrecyclable waste and areas reserved for the pickup of such.
(r)
Appropriate details to the Borough, county, and state standards, including sidewalks, curbs, paving, street signs, drainage, etc.
E.
An outline of any existing and proposed deed restrictions or covenants.
F.
Name, phone number, email address, and license number of the architect, landscape architect, planner, and traffic engineer, if applicable.
H.
Copies of completed and submitted applications to the Bergen County Planning Board and Bergen County Soil Conservation District, if applicable.
I.
Stormwater management plan, if applicable, three copies.
§ 400-110 Final site plan submission requirements.
[Added 3-10-2020 by Ord. No. 2020-1478]
The applicant shall, simultaneously with the filing of the application herein provided for or at any time thereafter, proceed to file a detailed site plan and with respect thereto shall proceed as follows:
A.
In addition to the requirements provided in § 400-109, five large copies (at least 24 inches by 36 inches but no more than 30 inches by 42 inches), 17 half-size copies, and one digital PDF (via email, CD, or thumb drive) of the following information shall be submitted for all final major site plans:
(1)
The preliminary site plan resolution of approval along with all proposed additions, modifications, or departures from said approval, if applicable.
(2)
Final construction documents, including:
(a)
Final site plans prepared by a licensed professional engineer for development, including construction details and engineering data.
(b)
Final architecture plans prepared by a licensed professional architect, detailing the proposed floor plans and building elevations and the size, materials, colors, and textures of the building façade.
(c)
Final landscape plans substantially conforming to the preliminary landscape plan and detailing specifications for all landscape improvements, planting details, and irrigation and maintenance details.
(3)
Certification and will-serve letters from water, sewer, electric, and gas utilities.
(4)
Four copies of all deeds with metes and bounds description for proposed easement dedications including dedication of additional road right-of-way.
§ 400-111 Approval or disapproval of site development plan.
A.
The approving authority shall take action under this section within the time periods provided in Chapter 65, Land Use Procedures, of the Code of the Borough of Montvale, as the same may be from time to time amended and supplemented.
B.
The action of the approving authority shall be in such form and on such notice as is required by Chapter 65, Land Use Procedures, of the Code of the Borough of Montvale, as the same may be from time to time amended and supplemented.
C.
Final plans and working drawings should not be submitted until after approval of the site development plan.
D.
Amendments to the site development plan as approved shall be acted upon in the same manner as the original plan.
§ 400-112 Performance standards.
As a prerequisite to the issuance of any building permit or certificate of occupancy for any use in the nonresidential districts, the applicant shall be required to demonstrate the following:
A.
Fire and explosion hazards. All activities of operation involving fire or explosive hazards shall be carried on in conformity with the provisions of Chapter 203, Fire Prevention, of the Code of the Borough of Montvale.
B.
Smoke, fumes, gases, dust, odors. There shall be no emission of any smoke, fumes, gas, dust, odors or any other atmospheric pollutant which will disseminate beyond the boundaries of the lot occupied by such use.
C.
Liquid or solid waste. No use or occupancy shall discharge industrial waste of any kind into any reservoir, pond, pool or other body of open water. The discharge of untreated industrial waste into a stream shall be approved by the Borough and New Jersey State Health Departments. Effluence from a treatment plant shall at all times comply with the standards and requirements of Chapter 457, Sanitation and Health, of the Code of the Borough of Montvale.
D.
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which use is conducted.
E.
Glare. There shall be no direct, sky-reflected glare exceeding 0.5 footcandle measured at the property line of the lot occupied by such use. This regulation shall not apply to light used at the entrance and exits of service drives leading to a parking lot.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F.
No uses shall be permitted which are violative of any of the provisions of this chapter of the Borough of Montvale, including but not limited to the ordinances of the Board of Health. There shall be no vehicular access to any use established in nonresidential districts from any street that primarily serves residential neighborhoods.
G.
Signs. All signs shall comply with Article IX, Signs, of this chapter of the Code of the Borough of Montvale.
H.
All buildings shall have adequate fire protection facilities and equipment and shall comply in all respects with Chapter 203, Fire Prevention.
I.
Landscaping.
(1)
Effective landscaping, including the placement of trees, shrubs and grass, shall be provided in order to ensure the harmonious development of the area wherein a site is located and the attractiveness of the subject premises and to protect the natural resources of the premises. Landscaping plans shall be submitted to the Environmental Commission for its recommendations. The above-mentioned landscaping plan shall include screening as is otherwise required by this chapter.
(2)
It is the intention of this section to provide appropriate screening to conserve the existing natural resources and to develop a natural environment in harmony with the surrounding areas.
J.
Waste disposal.
[Amended 8-9-1988 by Ord. No. 88-869]
(1)
Each site shall provide an area or areas internal of any principal building to be constructed, or external, provided that the same is concealed from parking areas, other properties and semipublic areas on the site with suitable vegetative material.
(2)
Said areas shall be located at a place where they may be easily accessed without interfering with the general traffic circulation plan intended for the property.
(3)
Areas so reserved shall include provision for the separation of the nonrecyclable and recyclable waste, as well as provision for the storage of each classification of material.
(4)
The area reserved for the storage of such materials shall not be less than that as recommended or directed by the New Jersey Board of Public Utilities or the Bergen County Utility Authority; provided, however, that in the absence of any such recommendation or regulation, the areas reserved shall be sufficient in size to accommodate the storage of separated waste materials based on the maximum building occupancy, as limited by the Uniform Construction Code adopted by the Borough of Montvale, times 1.5 pounds of waste per day.
K.
Tree removal. No trees four inches or larger in diameter measured 12 inches above the ground shall be removed from the property unless the same shall interfere with the construction of buildings or utilities. In addition, no tree which, if removed, will impair growth and development of remaining trees on the property of the applicant or adjacent properties and/or cause erosion of soil, impair existing drainage, lessen property values in the neighborhood or impair the aesthetic values of the area shall be removed.
[Added 11-11-1997 by Ord. No. 97-1072]
§ 400-113 Public hearings.
[Amended 7-13-1993 by Ord. No. 93-951]
A.
A public hearing shall be required for the following applications:
B.
Availability of maps and documents prior to hearing. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of hearing at normal business hours, in the office of the administrative officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
§ 400-114 Effect of approval.
The approval granted by the approving authority as above provided for shall be considered preliminary, which approval shall be deemed final upon application of the developer to the approving authority and upon the latter's final determination that all of the conditions of the preliminary approval, including the site development work, have been completed and are so certified by the Borough Engineer to the approving authority and the governing body.
§ 400-115 Exceptions; simultaneous review and approval.
A.
The approving authority, when acting upon an application for preliminary site plan approval, shall have the power to grant such exceptions from the requirements of the design standards required for site plan approval as may be reasonable and within the general purpose and intent of the provisions of site plan review, if the literal enforcement of one or more provisions of this chapter is impracticable or will effect undue hardship because of peculiar conditions pertaining to the land in question.
B.
The approving authority shall have the power to review and approve or deny under appropriate circumstances and within the power vested in it by the acts of the legislature, applications for subdivisions, site plans and variances and conditional uses where permitted simultaneously.
§ 400-116 Off-tract improvements.
As a condition for approval of a site plan, the approving authority may require the developer to pay his pro rata share of the costs of providing reasonable street improvements and water, sewerage and drainage facilities and easements therefor, located outside the property limits of the development but necessitated or required by the construction of improvements within the development; provided, however, that this section shall in no way obligate the municipality to install such improvements in order to facilitate development, nor shall the approving authority approve a development requiring capital expenditure without appropriate action by the governing body.
§ 400-117 Expiration of site plan approval.
All site plan approval shall remain in effect for the period stated in Chapter 65, Land Use Procedures, of the Code of the Borough of Montvale, as the same may be from time to time amended and supplemented.
§ 400-118 Enforcement.
[Amended 10-13-1987 by Ord. No. 87-840]
This article shall be administered and enforced by the Building Code officials, police or Fire Marshal and approving authority.
§ 400-119 Interpretation.
In their interpretation and application, the provisions of this article shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, prosperity and general welfare.
§ 400-120 Repealer.
All ordinances or parts of ordinances which are inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.
§ 400-121 When effective.
This article shall take effect immediately after final passage and publication as provided by law.[1]
[1]
Editor's Note: The following sections of original Art. IX of the 1966 Code, Miscellaneous District Regulations, added 3-10-1981 by Ord. No. 81-726, were repealed as indicated: § 128-9.1, Definitions, as amended 1-26-1993 by Ord. No. 92-940 and 3-11-2003 by Ord. No. 2003-1190, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II); § 128-9.2, Standards for fences, was repealed 3-11-2003 by Ord. No. 2003-1190; § 128-9.3, Permit required for construction of fence, was repealed 3-11-2003 by Ord. No. 2003-1190; § 128-9.5, Repealer, as amended 11-10-1981 by Ord. No. 81-740, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II); § 128-9.6, When effective, as amended 11-10-1981 by Ord. No. 81-740, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).