Roselle City Zoning Code
ARTICLE IV
Procedures for Site Plan Approval
§ 650-8 General intent.
All site plans shall be formally reviewed, except as noted herein, in two stages; preliminary and final. Preliminary and final stages may be combined by the applicant. As a condition for combined stage application, the time for approval by the Planning Board shall be the total of the mandated approval time allowed to each review stage, as noted herein.
§ 650-9 Filing, referral and classification procedures.
A.
Filing. Site plan applications shall be received for official processing by the Borough. The applicant shall submit one copy of all required applications, plans and exhibits as set forth under the appropriate site plan review stage of this article to the Land Use Administrator, who shall thereafter notify the applicant of remaining completeness items, fees and of the required number of copies of application documents, plan and exhibits to be submitted at the scale required. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee.
B.
Referral.
(1)
The Land Use Administrator shall forward, upon receipt of a site plan application in proper form with requisite fees, one copy of an application to the Borough Engineer for their determination of completeness and classification of an application. Alternatively, the Land Use Administrator may determine completeness. Completeness review shall not commence until application and escrow fees have been paid. A determination of completeness shall be made within seven business days of the filing date whether the application is complete or noting items omitted or other deviations of ordinances.
(2)
If the application is deemed to be complete, the Land Use Administrator shall distribute copies of the application to the Development Review Committee. If the application is found to be incomplete or in violation of any applicable codes and ordinances, the applicant shall be notified by certified mail as to the items omitted or other deviations of ordinance.
(3)
The Development Review Committee shall review the complete application within 14 days of the determination of completeness and shall report to the Planning Board its findings.
C.
Classification. The Land Use Administrator shall determine whether the Planning Board or Zoning Board has approval jurisdiction on the application. The Land Use Administrator may confer with the Borough Attorney in making this determination.
§ 650-10 Preliminary and final site plan requirements.
A.
Map details. All maps or other documents submitted for site plan review shall contain the following information in addition to specific site plan details as required for each review stage.
(1)
The title and location of the property.
(2)
The name and addresses of landowner and applicant. If a corporation is landowner or applicant, the principal office and name of the president and secretary shall be included.
(3)
The name, address and professional license number and seal of the professional preparing the documents and drawings. All plans shall be prepared, signed and sealed by a licensed professional engineer or architect.
(4)
A place for the signature of the Chair and Secretary of the Planning Board and Health Officer.
(5)
The date of the plan and any modifications thereto.
(6)
The following legends shall be on the site plan map:
(a)
(Preliminary) or (Final) Site Plan of Lot _____ Block _____ Zone.
(b)
Date _____ Scale.
(c)
Applicant and Applicant Address.
(d)
Site Plan Control Number.
(e)
I consent to the filing of this site plan with the Planning Board of Roselle Borough. (Owner Signature and Date)
(f)
To be signed before issuance of a building permit and incorporated only on a final site plan (as applicable): I hereby certify that a bond has been posted for all the required improvements in compliance with all applicable codes and ordinances. (Borough Clerk Signature and Date).
(g)
To be incorporated only on final site plan and signed prior to issuance of a building permit: Verification that payment of municipal taxes or assessments is current (Tax Collector Signature and Date)
(h)
Approved by the Planning Board (Preliminary Approval Date) (Final Approval Date) (Planning Board Chair Signature and Date)
(i)
Expiration of Approval (Date Without Extensions).
§ 650-11 Sketch site plan review.
A.
Objectives of review. Applicants for preliminary approval are encouraged to submit for review by the Development Review Committee sketch site plans for informal discussions and recommendations. The sketch site plan shall be reviewed to determine the proposal's compliance with applicable Borough ordinances and the general site design concept, including use, location and bulk, buildings and improvements, density, open space, traffic and pedestrian patterns and other general design components. The sketch site plan shall be to scale, but detailed dimensions need not be shown. Said sketch site plans shall be used as a basis for changes and redesign so as to avoid undue expense and delay in preparing more detailed plans and specifications in subsequent review stages. The Development Review Committee shall not be governed by any statutory time limits in its review of sketch site plans, and it is expressly understood that compliance with the Development Review Committee recommendations shall not bind the Planning Board in subsequent deliberations.
B.
Sketch site plan details. The sketch site plan may be prepared by the applicant and contain sufficient information for discussion by the Development Review Committee and the applicant.
§ 650-12 Preliminary site plan approval.
A.
The preliminary site plan shall be reviewed to determine the acceptability of the detailed design concept and shall be in sufficient detail to enable the Board to ascertain compliance with the performance standards and other standards of this chapter, as well as applicable Borough ordinances.
B.
Application. Once a preliminary site plan is deemed complete, the applicant shall submit 15 copies of the preliminary site plan and application, along with the requisite fee to the Land Use Administrator.
C.
Preliminary site plan details. The preliminary site plan application technical materials, notwithstanding any other requirements of this or other Borough ordinances, shall include the submission of the Borough's "Preliminary Site Plan Checklist," and shall contain the following:
(1)
A locator map at a scale of one inch equals 500 feet or less, showing the lot and block number of the parcel in question and the lot and block numbers of adjacent and opposite properties within 200 feet of the subject property. The map should also show any contiguous lot in which the applicant has any direct or indirect interest and the nature of the applicant's interest.
(2)
An aerial photo superimposed upon the plans with the tract boundaries outlined; also photographs of the property, where necessary, to show any unusual topographic, environmental or physical aspect of the site. This would include but not be limited to vegetation, natural drainageways, wetlands and existing structures and improvements.
(3)
The preliminary plat or plan shall be clearly and legibly drawn or reproduced at a scale of not less than 50 feet to one inch or as approved by the Borough Engineer and shall show or be accompanied by the following:
(a)
North arrow, scale, graphic scale, date and notes and dated revisions.
(b)
The zoning district in which the parcel is located, together with the district boundaries included within the boundaries of the parcel or within 200 feet therefrom. All setback lines, landscape strips, landscape buffers, building heights and other bulk requirements shall be shown and dimensioned.
(c)
The survey map, prepared by a licensed surveyor of New Jersey, showing boundaries of the properties, lines of all existing streets and roads, easements, rights-of-way and areas dedicated to public use within 200 feet of the development. These shall be dimensioned and, where applicable, referenced as to direction.
(d)
Reference to any existing or proposed deed restrictions or exceptions concerning all or any portion of the parcel. A copy of such covenants, deed restrictions or exceptions shall be submitted with the application.
(e)
The existing and proposed contours, referred to United States Coast and Geodetic Survey Datum, at a contour interval of not less than two feet. Existing contours are to be indicated by solid lines. Location of existing high points, watercourses and drainageways, depressions, ponds, marshes, vegetation, wooded areas and other significant existing features including previous flood elevations of watercourses, ponds and areas as determined by survey shall be shown. Trees of five inches or over in caliper shall be specifically located and identified. Any proposed change of such natural features shall be specifically noted.
(f)
The location, size, elevation, slope and type of storm drainage structures and other utility structures, above- and below-grade, whether publicly or privately owned. Design calculations supporting the adequacy of proposed drainage structures and/or surface drainage shall be submitted.
(g)
The location of all existing buildings, bridges, culverts, paving, lighting, signs or any other structures with grade elevations for each structure.
(h)
The distances measured along the right-of-way lines of existing streets abutting the property, to the nearest intersection with other streets.
(i)
The proposed use or uses of the land, buildings and structures.
(j)
The quantitative aspects of the proposal, such as improvement coverage, number of units, square feet of construction, value of construction, density, coverage, number of employees, number of residents and area of land, etc. Specifically identified on the site plan, in tabular form, shall be pertinent zoning data, indicating the bulk/area requirements of the zone in which the proposed development is located and how the proposed development responds to the zoning requirements.
(k)
The proposed buildings and structures and any existing structures to remain, with dimensions, setbacks, heights (in feet and stories) and first floor or grade elevations. Existing buildings and structures to be removed shall be indicated; sketch or typical building elevations indicating type of materials to be used.
(l)
The location and designs of any off-street parking areas, bicycle parking, service, trash or loading areas, showing size and location of bays, aisles, barriers, planters, maneuvering areas and traffic patterns. Include manufacturer's cut or illustration depicting the type of bicycle parking facility proposed. Also provide the typical plan layout of the facility at an appropriate scale to determine the location from walkways and building lines.
(m)
The means of vehicular access for ingress to and egress from the site, showing the proposed traffic channels, lanes and any other structure or device intended to control traffic.
(n)
The location, design, dimensions and materials details in the form of construction documents for any on- or off-site pedestrian parks, walkways and bicycle pathways, open space, common open space and recreation areas or any other public uses.
(o)
The location and design of all proposed utility structures and lines, stormwater drainage on-site and off-tract, with manholes, inlets, pipe sizes, grades, inverts and directions of flow, as well as telephone, power and light, water hydrant locations, sewer and gas, whether publicly or privately owned.
(p)
The location and design of the proposed screening, landscaping and planting, including a planting plan and schedule of plant materials.
(q)
The location of all outdoor lighting (freestanding or on building), the size, nature of construction, lumens, heights, area and direction of illumination, footcandles produced, typical manufacturer cuts illustrating style and time controls proposed for outdoor lighting and display.
(r)
The location and design of all signs, the size, nature of construction, height and orientation, including all identification signs, traffic and directional signs and arrows, freestanding and facade signs and time controls for sign lighting.
(s)
The location and size of all proposed easements, rights-of-way, public areas to be dedicated to the public or to be restricted or defined by deed or any other arrangement. Also, the location of any Master Plan proposals indicating roadway, public area or facility shall be shown.
(5)
Where applicable, the method by which any common or public open space or commonly held building or structure is to be owned and maintained.
(6)
A landscape plan, prepared by a licensed landscape architect, at a minimum scale of one inch equals 50 feet or larger. Different graphic symbols shall be used to show the location and spacing of shade trees, ornamental trees, evergreen trees, shrubs and ground cover. The size of the symbol must be representative of the size of the plant and shown to scale. The plan shall:
(a)
Illustrate the proposed site plan elements as they relate to existing structures and site amenities, including existing woodlands, isolated trees greater than five inches in caliper, existing topographic contours and any and all other natural environmental features.
(b)
Show the intent, location and type of all existing and proposed landscaping and buffering.
(c)
Conceptually indicate plant types and general construction materials to be used, as appropriate.
(d)
Superimpose an aerial photograph on the drawings, with the site boundaries outlined to evaluate the effects upon existing vegetation and surrounding land uses.
(e)
Provide on-site photographs of existing features and topography, as appropriate.
(f)
Contain a planting schedule, including specific plant botanical and common names, sizes, spacing and comments.
(g)
Indicate all existing vegetation to be saved or removed.
(h)
Show the location, form, height and width of other landscape architectural materials, such as berms, fences, walls, site furniture, bridges and walks. When required, a section to show the effective height of a proposed berm or fence in relation to the height of the area being screened should be provided (i.e., center line of road to building).
(7)
If wetlands exist, as per N.J.A.C. 7:7A, the Freshwater Wetlands Protection Act rules are to be complied with prior to the submission of plans to the Borough. All areas of wetlands shall be depicted on plans with surveyor's metes and bounds information for the out-bounds of such areas. A letter of interpretation issued by the New Jersey Department of Environmental Protection shall be submitted, indicating the presence or absence of freshwater wetlands on the parcel in question.
D.
Preliminary site plan review.
(1)
Within 45 days of receipt by the Land Use Administrator of a complete minor site plan application or within 95 days of receipt of a complete application for a major site plan, the Planning Board shall act upon the application. Upon receipt of a complete application, the Land Use Administrator shall submit one copy to each member of the Development Review Committee and the Planning Board as well as one copy of the application to the following professionals:
(2)
The professionals shall have a period of 21 days from the determination of completeness date to make a report and recommendations concerning the preliminary site plan. The Planning Board shall take such recommendations into account, but shall have the right to proceed in the absence of any such recommendation.
E.
Preliminary site plan hearing. All actions of the Planning Board on preliminary site plans shall be at a public hearing. Public notice of an application as provided in § 650-81 of this chapter shall be required.
F.
Preliminary site plan action. After the conclusion of the hearing, but in no event later than the first regular meeting following the hearing, the Planning Board shall by resolution approve, disapprove or conditionally approve the preliminary site plan, stating reasons for any disapproval.
G.
Effect of preliminary approval. Preliminary approval of a site plan shall, except as provided in Subsection H, below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements, layout and design standards for streets, curbs and sidewalks, lot size, yard dimensions and on-site and off-tract improvements and any requirements peculiar to the specific site plan. The Borough may modify by ordinance such general terms and conditions of preliminary approval as they relate to public health and safety, provided that such modifications are in accord with amendments adopted by ordinance subsequent to approval.
(2)
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.
H.
Extension of preliminary approval.
(1)
The applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
(2)
In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
(3)
In the event that no extension is applied for, preliminary approval shall expire and the site plan shall lapse three years from such approval.
I.
Variances; Planning Board review in lieu of Board of Adjustment. The Planning Board, when reviewing applications for site plans, shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment variances from lot area, lot dimensional, setback and yard requirements, provided that relief shall not be granted for more than one lot.
§ 650-13 Final site plan approval.
A.
The final site plan shall be reviewed to ascertain whether the construction documents to be utilized in construction of the project substantially conform to the approved preliminary site plan.
B.
The applicant shall submit 15 copies of the final site plan and application, along with the requisite fee to the Land Use Administrator.
C.
Final site plan details. The final site plan application shall include the submission of the Borough's "Final Site Plan Checklist" and the application technical materials shall include the following:
(1)
The approved preliminary site plan, together with all proposed additions, changes or departures therefrom, if applicable.
(2)
Final construction documents, among other items, illustrating:
(a)
The final plans for site development and site improvement, including those construction details as may be specified at the time of preliminary approval.
(b)
The ground floor or other floor plans sufficient to show pedestrian, vehicular or other access as it relates to the final site plan.
(c)
The building elevation or typical elevations, including size, structure, materials, colors and textures.
(d)
Elevations or typical illustrations of any accessory structures or signs.
(e)
A final landscape plan, signed and sealed by a certified or licensed landscape architect, in the form of construction drawings and substantially conforming to the approved preliminary landscape plan. The plan shall be prepared for separate halftone sheets of the engineer's grading site plan with contour lines so that landscape details and grading are clearly shown and may be adequately reviewed. The plan shall include the location and detailed specifications for all landscape and architectural improvements, including planting details, manner of irrigation, existing trees to be removed and preserved, landscape management and a maintenance schedule and agreement.
D.
Final site plan review.
(1)
Within 45 days after submission of a complete final site plan application or within such further time as may be agreed upon by the applicant, the Planning Board shall approved the application for final site plan approval with or without conditions, provided that the following requirements are met:
(a)
The detailed drawings and specifications meet all applicable codes and ordinances.
(b)
The final plans are substantially the same as the approved preliminary site plans.
(c)
Bonds have been posted to ensure the installation of improvements, as applicable.
(d)
Proof has been submitted that all taxes and assessment for local improvements on the property have been paid.
(2)
Upon receipt of a complete application, the Land Use Administrator shall submit one copy to each member of the Development Review Committee and one copy to each of those professionals having received a copy of the preliminary plan.
(3)
The Development Review Committee shall have a period of 14 days and professionals shall have a period of 21 days after the receipt of the final plan to make a report and recommendations concerning the final plan. The Planning Board shall take such recommendations into account, but shall have the right to proceed in the absence of any such recommendation.
E.
Final plan hearing. The Planning Board action shall take place at a hearing. No public notice of application shall be required.
F.
Effect of final approval. Final approval shall terminate the time period of preliminary approval for the section granted final approval and shall guarantee the applicant that the zoning requirements applicable to the preliminary approval and all other rights conferred upon the applicant as part of preliminary approval shall not be changed for a period of two years after the date of final approval.
G.
Time limit for final approvals and extensions.
(1)
Final approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The Planning Board may extend final approval and the protection offered under Subsection F, above, for one year. Up to three such extensions may be granted.
(2)
In the case of a site plan for a planned commercial development, planned industrial park development or residential cluster of 50 acres or conventional site plan for 150 acres or more, the Planning Board may extend the rights granted under final approval for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensives of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
H.
Conditions of final approval. The Planning Board may, as a condition of final approval:
(1)
Grant final approval only for designated geographic sections of the development.
(2)
Grant final approval for certain work, but require resubmission for final approval for designated elements, such as, but not limited to, landscaping, signs or street furniture and require approval of these elements as a prerequisite for a certificate of occupancy.
(3)
Condition the granting of a certificate of occupancy subject to the applicant or developer or subsequent heirs or assignees meeting certain requirements within a designated period of time, not to exceed one year, from the date of issuance of the certificate of occupancy. This may include, but is not limited to, installation of landscaping, erection of signs, installation of improvements or re-evaluation of circulation patterns.