Passaic City Zoning Code
ARTICLE VIII
Site Plan Approval
§ 317-28 Approval required for issuance of building permit.
[Amended 4-18-1985 by Ord. No. 842-85; 3-6-1986 by Ord. No. 912-86; 1-6-2003 by Ord. No. 1556-02]
No building permit shall be issued for the construction, alteration or enlargement of any building or structure or for any parking area, with the exception of single-family or two-family detached dwellings, until site plan approval has been granted by the Planning Board or, in the case of a D variance, by the Board of Adjustment, in accordance with the procedures set forth in the Land Development Procedures Ordinance of the City of Passaic,[1] and including the following:
A.
All conditional uses.
B.
All uses in which the proposed construction, alteration or enlargement exceeds 5,000 square feet, except that there shall be no threshold for uses covered in Subsection C hereof.
C.
All uses of greater intensity than the current use, or which increase the parking demand over that of the current use, or which increase the number of dwelling units or which require use or density variances or which require an alteration to an existing parking lot, or a building or property which was granted site plan or subdivision approval within the prior two years.
D.
All parking areas with a capacity of five or more cars.
E.
All uses on a county road not covered by any of the foregoing, except that, for uses not covered by any other subsection within this section, the Administrative Officer may waive such requirement if, in his opinion, the alterations to be done are minor in nature and would not lead to a change in use or an intensification of the currently permitted use for the buildings or parts thereof in question.
§ 317-29 Application procedure.
[Amended 9-17-1987 by Ord. No. 990-87]
Applications for site plan approval shall be submitted and reviewed in accordance with the provisions of Chapter 29, Land Development Procedures, of the Code of the City of Passaic.
§ 317-30 Affordable housing mandatory set-aside. [1]
[Added 3-19-2024 by Ord. No. 2436-24]
A.
This section is intended to ensure that any property that benefits from a site plan approval by the City of Passaic Planning Board or Zoning Board of Adjustment that results in a multifamily residential or mixed use development of five dwelling units or more produces affordable housing at a set-aside rate of 20% for affordable for-sale units and at a set-aside rate of 15% for affordable rental units.
B.
Mandatory set-aside requirements:
(1)
Any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, that is approved to contain five or more new dwelling units as a result of a site plan approval by the City of Passaic Planning Board or Zoning Board of Adjustment shall be required to set aside 20% of for-sale units and 15% for projects in which the low and moderate income units are to be offered for rent. Where a set-aside percentage results in a fractional unit, the total set-aside requirement shall be rounded upwards to the next whole number.
(2)
In the event that there is more than one affordable unit, the developer shall provide a mix of bedroom unit types among the affordable units in conjunction with the following bedroom distribution:
(a)
No more than 20% of affordable dwelling units within one building shall consist of one-bedroom units and studios;
(b)
At least 30% of all affordable dwelling units are two-bedroom units;
(c)
At least 20% of all affordable dwelling units are three-bedroom units unless the market rate component of the project does not include three bedroom units; and
(d)
The remainder of the affordable dwelling units, if any, may be allocated at the discretion of the applicant.
(3)
The maximum income limits for the affordable units are as established annually by the U.S. Department of Housing and Urban Development (HUD).
(4)
The maximum rental limits are as established annually by the U.S. Department of Housing and Urban Development (HUD).
(5)
A twenty-year deed restriction must be placed on each affordable unit.
(6)
This section does not apply to developments containing four dwelling units or less.
(7)
This section does not apply to any sites for which standards have been established by an adopted redevelopment plan.
(8)
Applicants can receive up to a 20% density bonus for affordable units created above the mandatory minimum established by this section.
(9)
This requirement does not create any entitlement for a property owner or applicant for subdivision or site plan approval, a Zoning amendment, use variance, or adoption of a redevelopment plan in an area in need of redevelopment or rehabilitation, or for approval of any particular proposed project.
(10)
All site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section.
[1]
Editor's Note: Former § 317-30, Review by Development Review Advisory Committee, was repealed 9-17-1987 by Ord. No. 990-87.
§ 317-31 Contents of proposed site plan.
The proposed site plan shall contain the following:
A.
There shall be a key map showing the location of the subject property with reference to surrounding areas and existing street intersections.
B.
The proposed site plan shall show, in scale, the property lines of the entire parcel of land for which site plan approval is sought and indicate the dimensions of said property.
C.
The proposed site plan shall include the name of the applicant, the date the proposed site plan was prepared, a North arrow, the scale to which the proposed site plan is drawn, the name and seal of the person who prepared the proposed site plan, the block and lot numbers of the lands for which the site plan approval is sought as shown on the most current tax assessment maps of the City of Passaic and the names of all streets abutting such lot and block.
[Amended 9-17-1987 by Ord. No. 990-87]
D.
The proposed site plan shall include the names of all owners of adjacent property, together with block and lot numbers of such property.
E.
The site plan shall show the zoning district in which the parcel is located, together with zone boundaries within 100 feet therefrom.
F.
The location of all existing and proposed buildings and structures on the lands for which site plan approval is sought, together with the distances of said buildings and structures from the property lines of said lands and from each other.
G.
The right-of-way and pavement widths of all public streets upon which the lands for which the site plan approval is sought fronts to a distance of 100 feet beyond such lands. State highways and county road requirements shall be adhered to in all cases.
H.
A statement by the owner of whether any property adjoining the lands for which site plan approval is sought is or is not owned by said owner.
I.
The location and dimensions of all existing and proposed driveways, curb cuts, private access roads, curbing, parking areas, parking stalls, loading areas and loading bays and the location of all existing driveways within 200 feet of the lot.
J.
The proposed landscaping, screening and exterior lighting, including the location, number, size and type of existing landscaping and trees to remain; the location, number, size and type of trees, shrubs and landscaping to be installed; and the location, type, height, intensity and illumination area of any lighting to be installed.
K.
Arrows which indicate the direction of traffic on all driveways, interior drives and parking areas.
L.
The location of any existing and proposed railroad sidings, streams, drainage rights-of-way, water or other utility rights-of-way or easements.
M.
Existing and proposed drainage facilities and drainage calculations.
N.
Existing and proposed contour lines at two-foot intervals or a sufficient number of spot elevations.
[Amended 9-17-1987 by Ord. No. 990-87]
O.
The proposed use or uses of land and buildings, together with floor space of all buildings. If the precise use of the building is unknown at the time of application, an amended plan showing the proposed use shall be required prior to issuance of a certificate of occupancy.
P.
The site plan shall show the location and design of any off-street parking areas or loading areas, showing size and location of bays, aisles and barriers. Parking stalls shall be numbered for identification.
[Amended 9-17-1987 by Ord. No. 990-87]
Q.
The site plan shall show the location and type of garbage and refuse disposal facilities, including maneuvering areas.
R.
Where applicable, the site plan shall show the location and treatment of open space.
S.
Front, rear and side building elevations drawn to scale.
[Amended 9-17-1987 by Ord. No. 990-87]
T.
Where applicable, the following information shall be provided:
(1)
The number of employees.
(2)
A narrative describing nature of operation or activities to occur on the site.
(3)
A narrative describing trucking on the site; number and size of trucks used in the applicant's operation; number, size and frequency of trucks making deliveries; and time of loading and unloading operations.
V.
The location of fire hydrants within 200 feet of site.
[Added 9-17-1987 by Ord. No. 990-87]
W.
A place for the signatures of the Chairman and Secretary of the reviewing board.
[Added 9-17-1987 by Ord. No. 990-87]
X.
The location of storage space for recyclables.
[Added 7-7-1988 by Ord. No. 1026-88[2]]
(1)
In residential uses, including mixed uses, the plan should show both the area within the dwelling units and the central collection area.
(2)
In commercial or industrial uses, in addition to showing the actual location on the site plan, the applicant must submit documentation of recyclables to be generated and the calculations which determined the floor area required.
Y.
Such other data or information that reasonably may be necessary for the Planning Board to meet the objectives of site plan approval in acting on a particular application.
Z.
The proposed site plan shall contain a zoning table.
[Added 1-6-2003 by Ord. No. 1556-02]
§ 317-32 Objectives.
In considering a site plan, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and residents of the immediate neighborhood in particular and, prior to approving such site plan, shall find that it meets all the requirements of this chapter. The Planning Board shall also take into consideration the general purposes of this chapter and the achievement of the following specific objectives:
A.
Maximum safety of traffic access and egress.
B.
Maximum safety of pedestrian and vehicular traffic on the site.
C.
The accomplishment of a site layout and overall appearance of all buildings, so that there will be no adverse effect upon the desirability of adjacent zoning districts by impairing their established character.
D.
No adverse impact on existing stormwater and sanitary facilities.
§ 317-33 Conditions and safeguards.
The Planning Board, in approving a site plan, may impose appropriate conditions and safeguards with respect to, but not limited to, the following:
A.
Traffic access: that all proposed accessways to and from a public street are adequate, but not excessive, in number, adequate in width, grade, alignment and visibility and not located too near to street intersections, schools or places of public assembly and other similar considerations.
B.
Circulation and parking: that the interior vehicular circulation system is adequate and that adequate parking spaces are provided and are easily accessible and that access and egress is designed to avoid creating traffic or safety hazards on the abutting streets.
C.
Landscaping, screening and lighting: that parking, lighting and service areas are reasonably screened from view of adjacent residential districts and that buffer area requirements of this chapter are complied with.
D.
That adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants have been provided.
E.
That the layout or arrangement of buildings and parking areas is consistent with the requirements of the Zoning Ordinance.
§ 317-34 Performance guaranties.
In the event that the Construction Official determines that any of the requirements of the site plan approval cannot be met for a temporary period of time by reason of weather, act of God or other cause not created by the applicant, the Construction Official, upon the applicant posting a performance bond secured by a surety company authorized to do business in the State of New Jersey in an amount reasonably estimated by the Construction Official to be the cost of completing such requirements, shall issue a temporary certificate of occupancy for a period not to exceed one year. The said bond shall be conditioned upon the applicant completing within a period of one year from the date of issuance of a temporary certificate of occupancy all of the site plan requirements then not complete. In the event that such requirements are not completed within said one-year period of time, the Construction Official shall revoke the temporary certificate of occupancy issued and shall cause the said requirements to be completed at the sole cost and expense of the applicant.
§ 317-35 Continued maintenance required.
[Amended 9-17-1987 by Ord. No. 990-87]
As a condition of issuing a certificate of occupancy under site plan approval procedures, the certificate of occupancy shall be based on continued maintenance and upkeep of buildings, grounds and landscaping as shown on the site plan. To ensure proper maintenance, a bond shall be secured in the same fashion as the performance bond in an amount not to exceed 15% of the cost of the improvements. The bond shall be posted with the municipality for a period of two years from the date of the final certificate of occupancy.
§ 317-36 Waiver of submission requirements.
If the Planning Board or Board of Adjustment finds that any of the submission requirements listed in § 317-30 of this article are not applicable to a particular application, the Board may waive the submission of such requirements.
§ 317-37 Procedure upon approval.
[Amended 3-6-1986 by Ord. No. 912-86]
A.
Approval of a site plan by the Planning Board or Board of Adjustment shall be noted by the signing of the same by the Chairman and Secretary of the respective Board.
B.
A copy of the approved site plan, together with the Board resolution, shall be forwarded to the Construction Official. The Construction Official, together with the City Engineer and the City Planner and/or Zoning Officer, shall enforce the provisions of the site plan approval and any other conditions contained in the resolution, and the Construction Official shall not issue a certificate of occupancy until the City Engineer and City Planner and/or Zoning Officer have certified that all requirements of site plan approval have been met.
[Amended 1-6-2003 by Ord. No. 1556-02]
§ 317-38 Expiration of approval.
Approval of site plans shall be valid for the periods prescribed by the Municipal Land Use Law, N.J.S.A. 40:55D-49 and 55D-52, and in accordance with the Land Development Procedures Ordinance of the City of Passaic (0rd. No. 361-77).[1]
§ 317-39 (Reserved) [1]
[1]
Editor's Note: Former § 317-39, Application fees, was repealed 9-17-1987 by Ord. No. 990-87.