North Plainfield City Zoning Code
ARTICLE I
GENERAL PROVISIONS
§ 22-1 SHORT TITLE.
[Ord. #679, S 101]
This chapter shall be known and may be cited as the "Land Development Regulations of the Borough of North Plainfield, New Jersey".
§ 22-2 PURPOSES.
[Ord. #679, S 102]
There is hereby ordained by the Council for the Borough, pursuant to the provisions of P.L. 1975, c. 291, a Land Development Chapter for the following purposes:
a.
To guide the appropriate use of development of all lands in the Borough, in a manner which will promote the public health, safety, morals, and general welfare;
b.
To secure safety from fire, flood, panic and other natural and man-made disasters;
c.
To provide adequate light, air and open space;
d.
To ensure that the development of the Borough does not conflict with the development and general welfare of neighboring municipalities, the County and the State as a whole;
e.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;
f.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
g.
To provide sufficient space in appropriate locations for a variety of residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all citizens;
h.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;
i.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
j.
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;
k.
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
l.
To provide that the unique character of its neighborhoods be maintained.
§ 22-3 DEFINITIONS.
[Ord. #679, S 103; Ord. #679-G, S 1; Ord. #679-M-86-12; Ord. #92-11, S 1; Ord. No. 2018-06]
As used in this chapter:
Shall mean a separate, subordinate structure or building on the same lot with a principal and main structure or building and devoted exclusively to an accessory use.
Shall mean a use naturally, normally and customarily incidental and subordinate to the principal or main use of a structure, building or lot.
Shall mean the Federal Insurance Administrator, to whom the Secretary has delegated the administration of the Federal Flood Insurance Program.
Shall mean an establishment, business or use having as a predominant part of its stock in trade and presented for observation or purchase by persons therein: books, magazines, photographs, pictures, films, devices or other periodicals or documents which are distinguished or characterized by their emphasis on matter depicting or relating to sexual activities.
Shall mean an enclosed building with the capacity for one or more persons used predominantly for presenting for observation therein, material distinguished or characterized by an emphasis on matter depicting or relating to sexual activities.
Shall mean any change in the supporting members of a structure, to add to or reduce the size of a structure, a change in use from that permitted in one zone district to a use permitted in another district, a conversion of a structure or building or part thereof, or removal of a structure from one location to another.
Shall mean (a) less than completely or opaquely covered human genitals, buttocks, pubic regions and female breasts; or, (b) human male genitals in a discernibly rigid or aroused state, even if completely and/or opaquely covered.
Shall mean a building designed and used for three or more dwelling units.
Shall mean any part of the surface of the land area comprising the Borough.
Shall mean the open, non-habitable space between the ceiling beams of the top habitable story and the roof rafters in any building.
Shall mean the flood having a 1% chance of being equaled or exceeded in any given year.
Shall mean a portion of the building partly underground and having more than 1/2 of its clear height above the average level of the finished grade at the front of the building, or adjoining ground. (See Cellar.)
Shall mean a room used, designated for use, or designed for use by one or more persons for sleeping.
Shall mean the length on one side of the street between two street intersections.
Shall mean a person who is not related to the head of the household and who pays for the privilege of boarding.
Shall mean the Borough of North Plainfield, a municipal corporation in the County of Somerset, New Jersey.
Shall mean a structure having a roof supported by columns, piers, walls or similar structural parts, used or intended to be used for the housing, enclosure or shelter of persons, animals or property of any kind.
Shall mean a line set back from a street line in accordance with certain specified distances as hereinafter set forth.
Shall mean an establishment, business or use which features dancing depicting, describing or demonstrating sexual activities or anatomical areas by male and/or female entertainers.
Shall mean a portion of a building partly underground, and having more than 1/2 of its clear height below the average level of the finished grade at the front of the building or adjoining ground. (See Basement.)
Shall mean the Borough Clerk of North Plainfield.
Shall mean a retail business in which food and other convenience related products are sold at retail, along with the retail sale of motor fuels to usual and customary passenger vehicles and light trucks with the business being operated under one ownership and operating entity.
[Ord. No. 2018-06]
Shall mean the ownership of two or more contiguous lots of real property by one person or by two or more persons owning such property in the same form of ownership, i.e., joint tenants, tenants by the entirety, or tenants in common.
Shall mean a lot at the junction of and having frontage on two or more intersecting streets. A corner lot is also a lot bounded on two or more sides by the same street. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
Shall mean the officially established elevation of the street curb in front of the mid-point of the front lot line.
Shall mean an open porch without a roof.
Shall mean that amount and rate of precipitation used in drainage design calculations.
Shall mean as defined by statute.
Shall mean any room or rooms, or suite or apartment thereof, whether furnished or unfurnished, which is occupied, or intended, arranged or designed to be occupied, for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof, or any of his servants, agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy thereof.
Shall mean a detached building designed for and containing one dwelling unit only occupied exclusively by one family.
Shall mean a detached building containing two dwelling units occupied exclusively for two families.
Shall mean a person or any number of persons related by blood, marriage or adoption, and foster children placed with such families by the N.J. Board of Child Welfare or duly incorporated child care agency, including in-servants, living together as single, non-profit housekeeping unit and using certain rooms and cooking facilities in common; or a group of not more than four persons not related by blood living together as a single non-profit housekeeping unit and using certain rooms and cooking facilities in common.
Shall mean the total area of all floors of a building or portion thereof computed by using the inside dimensions of the outside walls of each floor of the building or portion thereof; however, excluding attic and basement floors, open porches, breeze ways, and garages. Any basement area in a nonresidential zone that is used for sale or display and is open to the public.
Shall mean a determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a 1% or greater change of occurrence in any given year.
Shall mean an official map of a community issued by the Administrator, where the boundaries of the flood, mudslide, (i.e., mudflow) related erosion areas having special hazards have been designated as Zone A.M. and/or E.
Shall mean an official map of a community, on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.
Shall mean any land area susceptible to being inundated by water from any source.
Shall mean the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and flood plain management regulations.
Shall mean the lines marking the limits of floodways on Federal, State and local flood plain maps.
Shall mean a detached accessory building or portion of the principal building designed primarily for the storage of passenger vehicles and not more than one commercial vehicle with a rated capacity not exceeding three-quarter (3/4) ton owned or used by the occupant of the principal building to which the garage is an accessory.
Shall mean a garage, other than a private garage available to the public, operated for gain, and which is used for sale, storage, servicing, rental, and/or repair of automobiles, or other motor vehicles, including the sale of motor parts and accessories, oil and other fuel incidental to the aforesaid uses; provided, that the aforesaid uses shall be conducted within an enclosed building.
Automatic car wash operations are included within this definition; but, it does not include automotive service stations even though some of the uses herein are the same or similar to automotive service stations.
Shall mean a place where gasoline or other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale at retail to the public, including sale of accessories, oiling, greasing, washing, and light motor vehicle repairs on the premises, but in no case to include major vehicle repairs or rebuilding, or fender, body or frame straightening, painting or rebuilding.
Shall mean a building or group of buildings situated on one lot and containing separate dwelling units for no less than four families.
Shall mean a building or premises in which or upon which is conducted a business involving the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil regardless of any other business on the premises, which business may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not necessarily including facilities for body repair work or painting.
Shall mean any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not a "habitable floor".
Shall mean vertical distance measured, in the case of flat roofs, from the curb level to the highest point of the roof beams, adjacent to the street wall, and in the case of pitched roofs, from the curb level to the average height of the gable. In the case of both flat roofs and pitched roofs, the measurement shall be made through the center of the street facade. Where no roof beams exist or there are structures wholly or partly above the roof, the heights shall be measured from the curb level to the highest point of the building. Where the walls of a building do not adjoin the street, the average level of the ground along the front wall of the building may be taken in measuring its height instead of the curb level.
Shall mean any condition of the surface area which produces in excess of 50% of runoff from rainfall as determined by drainage calculations.
Shall mean non-profit institutions limited to churches, church-owned cemeteries, public or private day schools, not operated for profit, covering grades kindergarten through grade 12, hospitals for humans, municipally owned or operated buildings or structures used for public purposes.
Shall mean any lot other than a corner lot.
Shall mean a parcel of land, the location, dimensions and boundaries of which are set forth on the latest Borough Tax Map. Despite what may be disclosed on the current Borough Tax Map, however, if contiguous lots, any one of which is substandard and fails to meet the minimum lot size requirements of the zone in which it falls, are in common ownership, the entire land area shall, for the purposes of administering and enforcing this chapter, be construed to be one lot.
Shall mean the total area included within the lot lines.
Shall mean a distance between the mean front street line and the mean rear line of a lot. The greater frontage of a corner lot is its depth and the lesser frontage is its width and such lesser frontage shall be the front street line of a corner lot.
Shall mean the distance between side lot lines at their foremost points, (where they intersect with the street line) shall not be less than the required lot width along the street line.
Shall mean the mean width of a lot measured at right angles to its depth.
Shall mean an establishment, business or use which provides the service of massage and body manipulation, unless operated by an athletic trainer, chiropractor, physical therapist, physician or masseuse licensed by, or registered with, the State of New Jersey.
Shall mean a subdivision of land that does not involve:
Shall mean simultaneous residential and nonresidential uses of a single lot or building on a single lot.
Shall mean a structure, transportable in one or more sections which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
Shall mean an establishment, business or use which provides the service of modeling in a manner depicting, describing or demonstrating sexual activities or anatomical areas for the purpose of reproducing such depictions, descriptions or demonstrations by means of photographs, moving pictures, or video recording.
Shall mean one or more structures, each structure consisting of 20 or more sleeping units, all of which shall be furnished with furniture, baths, lights, linens and maid service, and to be utilized to accommodate guests for compensation, together with an office for registry purposes and such other usual and customary incidental uses as may be allowed in accordance with the provisions of this chapter.
Shall mean a lawful use of a building, structure or land in existence at the time of adoption of this chapter, which use is in violation of the use regulations of the zone in which it is located.
Shall mean a lawful structure in existence at the time of adoption of this chapter, which is in violation of the height, bulk, yard, court, or similar regulation of the zone in which it is located.
Shall mean any dwelling unit shall be construed to be occupied if one or more persons or a family customarily reside in the dwelling unit overnight. In nonresidential buildings, the installation, storage or use of equipment, merchandise or machinery in any commercial, public or industrial building shall be construed as constituting occupancy of the building.
Shall mean a building or portion thereof used as the place of business of a person, corporation, firm or public agency for professional services and/or administrative and executive purposes as distinguished from a shop or store.
Shall mean an accommodation for the off-street parking of a commercial vehicle for the purpose of delivery to or receipt from a building of goods and materials and having a width of at least 10 feet, a length of at least 25 feet and a clearance above grade of at least 14 feet.
Shall mean an open area, other than a street or other public way, used for the parking of motor vehicles and available for use whether for a fee or as a service or privilege for clients, customers, suppliers or residents.
Shall mean an accommodation for the off-street parking of one motor vehicle. Such parking space shall have an area of not less than 200 square feet exclusive of access drives or aisles, shall be a minimum of 10 feet in width measured perpendicular to the axis of the length and shall have adequate provisions for ingress and egress on the property.
Shall mean an open area other than a street or other public road or way used for the parking of motor vehicles, including access drives or aisles for ingress or egress thereto and therefrom.
Shall mean a recreation area that adjoins a dwelling at ground level; a court.
Shall mean a test designed to determine the ability of the ground to absorb storm runoff. The details of the test, including certification or observation requirements shall be set by the Borough Engineer and shall be in accordance with accepted engineering standards and practices.
Shall mean and include any person, individual, business entity, partnership, association, corporation, company or organization of any kind or nature, including state and local government and agencies.
Shall mean a porch which is not fully enclosed with permanent or semi-permanent material.
Shall mean a colonnade or covered ambulatory.
Shall mean a lot including any buildings or structures thereon.
Shall mean a structure arranged, adapted or designed for a predominant or primary purpose for which a lot may be used.
Shall mean adult bookstores, adult motion picture theaters, cabarets, massage shops and modeling studios.
Shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
Shall mean a person who is not related to the head of the household and who pays for the privilege of rooming.
Shall mean (a) fondling of human genitals, buttocks, pubic regions or female breasts; (b) acts of oral or sexual intercourse, autoeroticism, sodomy or the simulation of any of the above acts; or, (c) stimulation of human genitals.
Shall mean a visible device for attracting attention and/or giving information, through the use of letters, symbols, or any other means such as, but not limited to, models, flags and pennants. Such sign shall be deemed to consist of the background to which it is affixed and if not affixed to a background shall be deemed to include all of the area within its maximum horizontal and vertical dimensions which most clearly outline the sign. Not included or restricted are the flag, pennant, or insignia of the Nation, State, Borough or other division of government.
Shall mean a sign concerning objects or matters not directly related to the premises on which it is located, for example, a billboard.
Shall mean a sign identifying the occupant of a structure or space and his profession or activity.
Shall mean a flexible sign supported at one or both ends.
Shall mean a sign identifying the business, activity, products, uses or other matters concerning the parcel or premises on which the sign is located.
Shall mean any sign erected, constructed or maintained for the purposes of displaying outdoor advertising by means of posters, pictures, pictorial or reading matter, when such sign is supported by one or more uprights, or braces, placed upon or in the ground and not attached to any part of the building.
Shall mean any sign erected, constructed or maintained upon the roof of any building.
Shall mean any sign or poster on any outside surface or plane that may be painted or affixed to any exterior wall, surface or window of any building.
Shall mean any letter, word, model, sign, device or representation used in the nature of an advertisement, announcement or direction affixed to any building wall and extending beyond the building wall to which it is attached.
Shall mean ownership by one person or ownership by two or more persons jointly, in common, or by the entirety, of a separate lot not adjoining land in the same ownership.
Shall mean an area having special flood hazards and shown on a FHBM or FIRM as Zone A, AO, A1-99.
Shall mean the agency of the State government or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program in that State.
Shall mean a portion of a building situated above a story with a minimum height of five feet where the walls meet a sloping roof and having a minimum average height of 7 1/2 feet.
Shall mean a public or private right-of-way commonly used by the public for motor vehicle movement and which is approved for purposes of issuing building permits.
Shall mean anything constructed or erected which requires permanent or temporary location on the ground or attachment to something having such location, including a gas or liquid storage tank, that is principally above ground as well as a mobile home.
Shall mean any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
Shall mean one of a series of single-family dwellings attached by common wall extending from the basement to the roof to a similar unit or units and having individual front and rear entrances.
Shall mean an area designed for the parking of wheeled vehicles used or designed to be used for sleeping or other human occupancy.
Shall mean a building used for the temporary storage of goods, materials or merchandise for later or subsequent distribution or delivery elsewhere for purposes of processing or sale.
Shall mean the projected heights in relation to mean sea level reached by floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.
Front Yard shall mean an area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the abutting street right-of-way line and the nearest part of the principal structure on the lot.
Side Yard shall mean an area, unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and nearest part of the principal structure on the lot.
Rear Yard shall mean an area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest part of the existing or proposed principal structure on the lot.
Shall mean the Borough official charged with interpreting and enforcing the Land Development Chapter unless otherwise specified herein.
§ 22-4 ADMINISTRATIVE PROCEDURES.
[Ord. #679, S 104]
The Council, Planning Board, and Zoning Board of Adjustment shall adopt, and may amend reasonable rules and regulations, not inconsistent with the Municipal Land Use Law of 1975, P.L. 1975, c. 291 or this chapter for the administration of their functions, powers and duties, and shall furnish a copy thereof to any person upon request and may charge a reasonable fee, as established by Section 22-17 of this chapter, for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the Clerk's office.
§ 22-5 MEETINGS; QUORUMS.
[Ord. #679, S 105; Ord. #679-I-85-1]
Every Borough Agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the Borough Agency shall be scheduled not less than once a month and shall be held as scheduled unless cancelled for lack of applications for development to process. The Borough Agency may provide for special meetings, at the call of the chairman, or on request of any two of its members, which shall be held on notice to its members and the public in accordance with the provisions of the "Open Public Meetings Act", P.L. 1975, c. 231, and agency regulations. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of a quorum except as otherwise required by Section 22-48 and Section 22-14, paragraph e; Subsection 22-27.7, paragraph a; Subsection 22-89.2, paragraph d; and Subsection 22-89.8, paragraph b of this chapter. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of Section 22-48 or Subsection 22-89.2, paragraph d of this chapter shall be deemed an action denying the application. Nothing herein shall be construed to contravene any statute providing for procedures for governing bodies.
§ 22-6 PUBLIC MEETINGS AND MINUTES.
[Ord. #679, S 106]
a.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the provisions of the "Open Public Meetings Act", P.L. 1975, c. 231 and agency regulations.
b.
Minutes of every regular or special meeting shall be kept and shall include the names of all persons appearing and addressing the Borough Agency and of the persons appearing by attorney, the action taken by the Borough Agency, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Borough Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such meeting. Such interested party may be charged a fee as established by Section 22-17 of this chapter for reproduction of the minutes for his use.
§ 22-7 HEARINGS.
[Ord. #679, S 107; Ord. #91-10, S 21]
a.
The Borough Agency shall hold a hearing on each application for development, or adoption, revision or amendment of the Master Plan.
b.
The Borough Agency shall make the rules governing such hearings. 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 the hearing during normal business hours in the office of the Agency Secretary. The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
c.
The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law", P.L. 1953, c. 38 shall apply.
d.
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
e.
Technical rules of evidence shall not be applicable to the hearing, but the chairman of the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
f.
The Borough Agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Borough Agency shall furnish a transcript, or duplicate recordings in lieu thereof, on request to any interested party at his expense.
g.
Each decision on any application for development shall be in writing and shall include findings of fact and conclusions based thereon.
h.
A copy of the decision shall be mailed by the Secretary of the Borough Agency within 10 days of the date of decision to the applicant, or if represented then to his attorney, without separate charge, and to all who request a copy of the decision for a fee as specified by Section 22-17 of this chapter. A copy of the decision shall also be filed by the Borough Agency in the office of the Borough Clerk. The Agency Secretary shall make a copy of such filed decision available to any interested party for a fee as specified in Section 22-17, of this chapter and available for public inspection at his office during Borough business hours.
i.
A brief notice of the decision shall be published in an official newspaper of the Borough. Such publication shall be arranged by the Agency Secretary provided that the applicant may in any case provide for publication of the decision. The applicant shall pay a fee as designated by Section 22-17 for publication of the notice, unless applicant submits proof acceptable to the Agency Secretary within 10 days of the decision that he has provided for the required publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the Borough or the applicant.
§ 22-8 CONTENTS OF NOTICE OF HEARING ON APPLICATION FOR DEVELOPMENT OR ADOPTION OF MASTER PLAN.
[Ord. #679, S 108]
Notices pursuant to Sections 22-9 and 22-10 of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered, and, in the case of notices pursuant to Section 22-9 of this chapter, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to Section 22-7, paragraph b, of this chapter.
§ 22-9 NOTICE OF APPLICATIONS.
[Ord. #679, S109]
Notice pursuant to paragraphs a, b, d, e, f, and g of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.
a.
Public notice of hearings on applications for development, including all site plans and preliminary and final major subdivision approval shall be given by the applicant. Public notice shall be given by publication in an official newspaper of the Borough. In addition, the Secretary of the Planning Board and the Board of Adjustment shall publish in an official newspaper of the Borough, notice of all applications to come before the respective Board.
b.
Notice of a hearing requiring public notice pursuant to paragraph a of this section shall be given to the owners of all real property as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by: a. serving a copy thereof on the property owner as shown on the current tax duplicate, or his agent in charge of the property, or b. mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicates. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
c.
Upon the written request of an applicant, the Administrative Officer shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to paragraph b of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee of $10 shall be charged for such a list.
d.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality.
e.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other County land or situated within 200 feet of a municipal boundary.
f.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
g.
Notice shall be given by personal service or certified mail to the director of the Division of State and Regional Planning, New Jersey Department of Community Affairs, of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Borough pursuant to Section 22-7, paragraph b, of this chapter.
h.
The applicant shall file an affidavit of proof of service with the Borough Agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
§ 22-10 NOTICE CONCERNING MASTER PLAN.
[Ord. #679, S 110]
The Planning Board shall give:
a.
Public notice of a hearing on adoption, revision or amendment of the Master Plan; such notice shall be given by publication in an official newspaper of the Borough at least 10 days prior to the date of the hearing;
b.
Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on adoptions, revision or amendment of a Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any hearing;
c.
Notice by personal service or certified mail to the County Planning Board of (1) all hearings on adoption, revision or amendment of the Borough Master Plan at least 10 days prior to the date of the hearing; such notice shall include a copy of any proposed Master Plan, or any revision or amendment thereto; and (2) the adoption, revision or amendment of the Master Plan not more than 30 days after the date of such adoption, revision or amendment; such notice shall include a copy of the Master Plan or revision or amendment thereto.
§ 22-11 EFFECT OF MAILING NOTICE.
§ 22-12 NOTICE OF HEARING ON ORDINANCE OR CAPITAL IMPROVEMENT PROGRAM; NOTICE OF ACTION ON CAPITAL IMPROVEMENT OR OFFICIAL MAP.
[Ord. #679, S 112]
a.
Notice by personal service or certified mail shall be made to the clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
b.
Notice by personal service or certified mail shall be made to the County Planning Board of (1) all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearings, and (2) the adoption, revision or amendment of the Borough capital improvement program or Borough Official Map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the Borough Official Map or the Borough capital program, or any proposed revision or amendment thereto, as the case may be.
Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.
§ 22-13 FILING OF DEVELOPMENT REGULATIONS.
[Ord. #679, S 113]
The Borough Clerk shall file, with the County Planning Board as soon after passage as possible, all development regulations, including this chapter and any amendments or revisions thereto, and file and maintain for public inspection copies of the regulations in the office of the Clerk.
§ 22-14 APPEAL TO THE BOROUGH COUNCIL; TIME; NOTICE; MODIFICATION; STAY OF PROCEEDINGS.
[Ord. #679, S 114; Ord. #679-I-85-1, S1]
a.
Any interested party may appeal to the Borough Council any final decision of the Board of Adjustment approving an application for development pursuant to Subsection 22-89.2, paragraph d, of this chapter. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to Section 22-7, paragraph i, of this chapter. The appeal to the Borough Council shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the grounds therefor and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the Borough Council only upon the record established before the Board of Adjustment.
b.
Notice of the meeting to review the record below shall be given by the Borough Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Section 22-7, paragraph h, and to the Board of Adjustment of least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the Borough Council shall provide for verbatim recording and transcripts of such meetings pursuant to Section 22-7, paragraph f.
c.
The appellant shall, (1) within five days of service of the notice of the appeal pursuant to paragraph a hereof, arrange for a transcript pursuant to Section 22-7, paragraph f, of this chapter for use by the Borough Council and pay a deposit of $50 or the estimated cost of such transcription, whichever is less, or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Borough Clerk; otherwise, the appeal may be dismissed for failure to prosecute.
The Borough Council shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to Section 22-7, paragraph i, of this chapter unless the applicant consents in writing to an extension of such period. Failure of the Borough Council to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board.
d.
The Borough Council may reverse, remand or affirm with or without the imposition of conditions the final decision of the Board of Adjustment approving a variance pursuant to Subsection 22-89.2, paragraph d, of this chapter. The review shall be made on the record made before the Board of Adjustment.
e.
The affirmative vote of a majority of the full authorized membership of the Borough Council shall be necessary to reverse, remand or affirm with or without conditions any final action of the Board of Adjustment.
f.
An appeal to the Borough Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board from whose action the appeal is taken certified to the Borough Council after the notice of appeal shall have been filed with such Board, that by reason of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Board from whom the appeal is taken and on good cause shown.
g.
The Borough Council shall mail a copy of the decision to the appellant or if represented then to his attorney, and to the applicant, without separate charge, and for a fee as designated by Section 22-17 of this chapter to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in an official newspaper of the Borough. Such publication shall be arranged by the Borough Clerk, provided that the applicant may arrange such publication if he so desires.
h.
Nothing herein shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
§ 22-15 ENFORCEMENT.
[Ord. #679, S 115]
The Borough Council shall enforce this chapter. In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter, the Borough Council and its agents or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
§ 22-16 CONDITIONAL APPROVALS.
[Ord. #679, S 116]
a.
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or any other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the approving authority shall process such application for development in accordance with this chapter, and, if such application for development complies with the requirements of this chapter, the approving authority shall approve such application conditioned on removal of such legal barrier to development.
b.
In the event that development proposed by an application for development requires an approval by a governmental agency other than the approving authority, the approving authority shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the approving authority shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the approving authority is prevented or relieved from so acting by the operation of law.
§ 22-17 FEES.
[Ord. #679, S 117; Ord. #679F; Ord. #679-J-85-22, S 1; Ord. #679L-86-1; Ord. #90-04, S 8; Ord. #91-10, S 22; Ord. #91-17, S 1; Ord. #94-05, S 1; Ord. #95-27 S 3; Ord. #08-08]
a.
b.
Board of Adjustment.
Application fees by statutory (N.J.S.A. 40:55D-70) type:
1.
"A": $300.00 fixed fee, refundable upon decision favorable to applicant
2.
"B": $300.00 fixed fee
3.
"C": $200.00 fixed fee
c.
Planning Board — Board of Adjustment.
1.
2.
Miscellaneous (in addition to application and site plan review):
(a)
$400.00 for a special meeting requested by applicant
(b)
$200.00 or 50% of the original application fee, whichever is greater, to reschedule a hearing already on the agenda due to failure to appear, applicant's request, failure to notify or publish properly or other delays by the applicant
(c)
Reproduction of documents: $5.00 for first five pages or portion thereof and $1.00 for each additional page
(d)
Actual cost of publication plus $15.00 for each publication
(e)
Copy of Zoning Ordinance—as established by Borough Council
(f)
Temporary banner permit: $80.00
d.
Technical Review Escrow Deposits.
1.
In addition to the filing fees or any other fees required in this section, an applicant shall file with the administrative officer an escrow deposit of adequate funds to cover the costs incurred for the technical review of the application by any professional consultant whose services are deemed necessary to report on the application. The Borough Treasurer shall place all such deposits in an escrow account in the name of the applicant and shall charge against such account all disbursements in connection with the costs referred to above.
The term "professional personnel" or "professional services," as used herein, shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser or other expert who would provide professional services to insure an application meets performance standards set forth in the ordinance and other experts whose testimony is in an area in which the applicant has presented expert testimony.
Costs incurred for technical review include:
(a)
All expenses of professional personnel incurred and paid by it necessary to process an application for development before a municipal agency such as, but not by way of limitation:
(1)
Charges for reviews by professional personnel of applications and accompanying documents;
(2)
Issuance of reports by professional personnel to the municipal agency setting forth recommendations resulting from the review of any documents submitted by the applicant;
(3)
Charges for any telephone conference or meeting requested or initiated by the applicant, his attorney or any of his experts;
(4)
Review of additional documents submitted by the applicant and the issuance of reports relating thereto;
(5)
Review or preparation of easements, developers' agreements, deeds or the like; and,
(6)
Preparation for attendance at special meetings.
(b)
The cost of expert advice or testimony obtained by the municipal agency for the purpose of corroborating testimony of applicant's experts; provided that the municipal agency gives prior notice to the applicant of its intention to obtain such additional expert advice or testimony and affords the applicant an opportunity to be heard as to the limitations on the nature and extent thereof.
No applicant shall be responsible to reimburse the municipality for the preparation of a resolution or memorializing resolution setting forth the findings and conclusions of the municipal agency with respect to an application.
2.
Escrow Schedule.
(b)
The following escrow amounts shall apply to variance applications which do not include or are not associated with applications for subdivisions of land or site review:
(c)
Site Plan Review Escrow Accounts. The following escrow amounts shall apply to site plan review:
Classification | Required fee |
|---|---|
Preliminary site plan | $600.00 plus $0.10 per square foot of new or modified gross building floor area |
Preliminary site plan | $1,200.00 plus $100.00 per unit |
Final site plan | $200.00, plus $0.02 per square foot of new or modified gross building floor area or $20.00 per dwelling |
(d)
Construction and Final Inspection Escrow Account. All land use improvement applications requiring construction and final inspection of improvements shall provide an inspection escrow as follows:
Total Cost of Improvements | Inspection Escrow |
|---|---|
Less than $5,000.00 | $700.00 |
$5,000.00 — $9,999.00 | $700.00 plus 5% of the excess over $5,000.00 |
$10,000.00 — $49,000.00 | $1,200.00 plus 4% of the excess over $10,000.00 |
$50,000.00 — $74,999.00 | $4,400.00 plus 3.5% of the excess over $50,000.00 |
$75,000.00 — $99,999.00 | $6,150.00 plus 3% of the excess over $75,000.00 |
Over $100,000.00 | $7,650.00 plus 2.5% of the excess over $100,000.00 |
3.
Administration of Technical Review Escrow Deposits.
(a)
Each technical review escrow deposit shall be held by the Borough in a trust account separate from the general funds of the Borough.
(b)
Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Borough for technical review deposits pursuant to this paragraph, said money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, shall continue to be the property of the applicant and shall be held in trust by the Borough in escrow.
(c)
Deposits received from any developer pursuant to paragraph 3(b) above shall be deposited in a banking institution or savings and loan association in this State insured by an agency of the Federal government, or in any other fund or depository approved for such deposits by the State, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The municipality shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except, that the municipality may retain for administrative expenses a sum equivalent to no more than thirty-three and one-third (33 1/3%) percent of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
(d)
In the event that the funds in the escrow account should become depleted to 35% or less of the original amount prior to the completion of the application procedure and additional funds are necessary to cover the cost of processing said application, the applicant shall deposit additional funds of not less than 50% of the initial escrow deposit amount. In order to expedite the processing of applications by the Borough agency, the administrative officer shall notify the applicant immediately upon the depletion of funds in the escrow account or as soon as insufficiency of funds becomes evident or is expected.
(e)
All payments charged to the deposit shall be pursuant to vouchers from the professional stating the hours spent, the hourly rate and the expenses incurred. The municipality shall render a written final accounting to the developer on the uses to which the deposit was put. Thereafter, the municipality shall, upon written request, provide copies of the vouchers to the developer.
(f)
If the salary, staff support and overhead for a professional are provided by the municipality, the charge to the deposit shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary of each of the professionals by (2) the number of hours spent by the respective professional on review of the application for development or the developer's improvements, as the case may be. For other professionals the charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the municipality.
(g)
All fees and escrow deposits shall be paid prior to certification by the administrative officer that the application is complete. The Borough agency shall not process and/or take action on the application unless all fees and deposits required in the manner described above shall have been paid by the applicant. No plat or site plan shall be signed, nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been approved by the Governing Body unless the applicant shall have deposited with the Borough Clerk an amount agreed upon by the applicant and the municipal agency and such amount is likely to be sufficient to cover all reimbursable items. Upon posting such deposit with the Borough Clerk, the appropriate maps or permits may be signed and released or issued to the developer.
(h)
Any of the funds remaining in the escrow account upon completion of the application procedure, as well as any interest the applicant may be entitled to under N.J.S.A. 40:55D-53.1, shall be returned to the applicant. The municipality shall render a final written accounting to the developer on the uses to which the deposit was put, and the account shall be terminated.
4.
Request for a Special Meeting. An applicant may request a special meeting. The Board shall schedule such special meeting(s) at a date and time convenient to the applicant, the Board and the public. There shall be paid to the Borough, prior to the meeting, a special meeting escrow deposit of $750, $100 of which shall be paid as a nonrefundable administrative charge. If the applicant has in escrow at the time of the request for a special meeting more than $750 net of any vouchers presented or to be presented, then no additional special meeting deposit shall be required. If the special meeting is continued for additional hearings, or additional review which requires further professional services to the Board, the applicant shall, if the applicant's escrow is less than $750 at the time of the next meeting, post with the Borough an additional $750 for each said additional hearing.
§ 22-18 CONSTRUCTION OF CHAPTER.
[Ord. #679, S 22-18; Ord. #679-I-85-1]
In the event of any inconsistency between any provision of this chapter or the ordinances of which this chapter is amendatory and any land usage statutes of the State of New Jersey now or hereafter adopted, this chapter shall be so construed to the extent possible to give full intent and meaning to the purposes of this chapter, consistent with statutory provisions.
§ 22-19 SATELLITE DISHES.
[Ord. #08-15; Ord. #08-19; Ord. #10-07]
a.
Satellite Dish shall mean any apparatus, building and/or structure which is designed for the purpose of receiving or transmitting television, radio, satellite or similar signals.
b.
Size and Location. A satellite dish which complies with the following requirements shall be a permitted use in all zones, except the Washington Park Historic District, where the placement of a satellite dish on lots within the District must conform to the standards established for satellite dishes within the Washington Park Historic District.
1.
The surface area of any satellite dish shall not exceed 50 square feet or eight feet in diameter.
2.
The satellite dish shall be erected on a secure ground-mounted foundation or securely attached to the roof of the principal structure and properly grounded, as described further below.
3.
All power controls and signal cables from the satellite dish to the structure being served shall be buried underground and installed in accordance with the appropriate building and electric codes. All exterior wiring shall conform to all applicable "weather proofing" standards.
4.
The satellite dish shall be located in the rear yard of the property unless no signal can be obtained by locating the dish in the rear yard of the property, in which case the satellite dish may be placed in the front or side yard of the property. The satellite dish shall in all cases be placed in a location which is not visible from the street, to the extent possible while still receiving an acceptable signal. Placement of the satellite dish shall comply with all yard and setback requirements for the principal structure.
5.
The satellite dish shall be located and screened to minimize visibility from the street and adjacent properties. If the property owner cannot adequately screen the satellite dish without incurring significant expense, he or she may install the satellite dish and, within 30 calendar days after such installation, meet and confer with the Zoning Officer to determine an adequate and inexpensive means to screen the satellite dish.
6.
Only one satellite dish shall be permitted for each individual lot, unless the property owner cannot obtain a signal with only one satellite dish.
c.
Notification. Within 10 calendar days after placement on the property of the satellite dish, the property owner and/or a person or entity in possession of the property shall notify the Construction Code Official, in writing, that a satellite dish has been placed on the property and describe the location where the satellite dish has been placed. If the satellite dish has been located in the front or side yard of the property or if more than one satellite dish has been placed on the property, the notification shall include a notarized, sworn statement that either no signal could be received by placement of the satellite dish in the rear yard or that no signal could be received by installing only one satellite dish, whichever is applicable.
d.
(Reserved)
e.
Maintenance Requirements; Enforcement.
1.
Every satellite dish shall be maintained in a safe, presentable and good structural material condition at all times. If the satellite dish is not made to comply with adequate safety and maintenance standards, the Zoning Official shall require its removal in accordance with this section.
2.
No persons shall maintain or permit to be maintained on any premises owned or controlled by him any satellite dish which is in a dangerous or defective condition. Any such satellite dish shall be removed or repaired by the owner of the premises or the owner of the satellite dish, whichever is applicable. Upon failure of the owner to remove or repair a dangerous or defective satellite dish, the Zoning Official shall proceed as described herein.
3.
The Zoning Official shall cause to be removed any satellite dish that endangers the public safety such as an abandoned, dangerous or materially, electrically or structurally defective satellite dish or a satellite dish for which no permit has been issued. The Zoning Official shall prepare a notice which shall describe the satellite dish and specify the violation involved and which shall state that the satellite dish must be removed or the violation corrected within 10 calendar days. If the violation is not corrected within the 10 calendar day period, the Zoning Official shall cause same to be removed. All notices shall be sent by certified mail, return receipt requested and regular mail. The notice shall be mailed to the owner of the property on which the satellite dish is located, the owner of the satellite dish, if known, and the occupant of the property.
4.
Any person having an interest in the satellite dish or the property may appeal the determination of the Zoning Official ordering removal or compliance by filing a written notice of appeal with the Borough Administrator within 10 calendar days after receipt of the notice. Notwithstanding the above, in cases of imminent danger to the public safety or other emergency, the Zoning Official may cause the immediate removal of a dangerous or defective satellite dish without notice. The Borough Administrator shall render his decision within 10 calendar days of receipt of such written notice of appeal and his decision shall be final.
5.
Any satellite dish removed by the Zoning Official pursuant to the provisions of this section shall become the property of the Borough and may be disposed of in any manner deemed appropriate by the Borough. The cost of removal of the satellite dish shall be considered a debt owed to the Borough by the owner of the satellite dish and the owner of the property, and may be recovered in an appropriate court action by the Borough or attached as a lien by the Borough to the property, whichever the Borough chooses.
f.
Existing Satellite Dishes.
1.
After enactment of this section, the Zoning Official or his designee shall, as soon as practicable, survey the Borough for satellite dishes which do not conform to the requirements of this section. Upon determining that a satellite dish is nonconforming, the Zoning Official shall notify the owner or user of the property on which the satellite dish is located of the nonconformity and his/her requirements to meet the conditions/terms of this section.
2.
Any satellite dish located within the Borough on the date of adoption of this section, or located in an area annexed to the Borough thereafter, which does not conform to the provisions of this section, is eligible for characterization as a legal nonconforming satellite dish if the satellite dish was in compliance with applicable law on the date of adoption of this section.[1]
3.
(Reserved)
4.
Nothing in this section shall relieve the owner or user of a legal nonconforming satellite dish or owner of the property on which the satellite dish is located from the provisions of this section regarding safety, maintenance and repair of such satellite dish; provided, however, that no maintenance or repair shall have the effect of making the satellite dish nonconforming.
5.
Landlords with multiple satellite dishes on their properties must ascertain whether said dish(es) are active and/or could be made conforming to this section within 60 calendar days of notice by the Borough of the enactment of this section remove all nonfunctioning and/or nonconforming satellite dishes.
g.
Fines. Any person violating any provision of this section shall be fined in accordance with Chapter 1, Article 1-5, entitled "General Penalty," of the Code of the Borough of North Plainfield.
h.
(Reserved)