Westfield City Zoning Code
ARTICLE 9
Submission Requirements for Development Applications
§ 9.01 General procedure for completeness review.
This article sets forth the submission requirements for the various categories of subdivision, site plan and variance applications to the Planning Board and the Zoning Board of Adjustment. The following general procedures shall apply to the completeness review of applications:
A.
In order to be determined complete for review by the Board, all of the required information must be submitted; provided, that the applicant may request that one or more of the submission requirements be waived. A written request, explaining the basis for such request(s) must be submitted for such waiver requests in order to be considered. The Board or its authorized committee shall grant or deny the waiver request within 45 days of receipt of the written request.
B.
If more than one development application category is to be considered by the Board, the applicant shall be required to submit the information required for all of the individual applications. The applicant shall have the option of submitting separate drawings and documents for each type of application, or drawings and documents which combine the required information for the various types of applications.
C.
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application.
D.
The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this ordinance or any revisions in the accompanying documents, as well as the submission of any information previously waived, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.
§ 9.02 General requirements; supporting documentation.
In addition to the submission requirements for the individual categories of applications in the following sections, all categories of applications, except for conceptual site plans and conceptual subdivisions, shall be required to submit the following:
A.
For purposes of completeness review only, three paper copies of the appropriate application form(s). Thereafter, if the review determinations that the application is complete, the applicant shall submit three completed and signed paper originals and 18 paper copies (if submitting to the Planning Board) or one completed and signed paper original and 10 paper copies (if submitting to the Zoning Board of Adjustment) of the appropriate application form(s). A digital copy in PDF format of the appropriate application form(s) shall also be submitted. Notwithstanding the above, the Board Secretary may require a greater or lesser number of copies in particular cases as appropriate. If any item on the form is not applicable, is unknown or is otherwise unable to be completed, the item shall not be left blank, but the words "not applicable,” "unknown," "none" or other appropriate language shall be used.
[Amended 11-12-2019 by G.O. No. 2150; 9-14-2021 by G.O. No. 2222]
B.
Written description of the application, including a description of the proposed use and improvements.
C.
Statement indicating all of the provisions of the Land Use Ordinance from which a waiver or variance is sought, together with a statement of reasons why same should be granted. The statement shall include both existing and proposed violations of the Land Use Ordinance.
D.
Receipt indicating that applicable fees and initial escrow deposits are paid.
E.
Certificate from the Tax Collector indicating that all taxes and assessments for the subject property are paid up to and including the most recent collection period.
F.
Certificate from both the Board of Adjustment and the Planning Board indicating the nature and date of prior actions, if any, by the respective boards affecting the subject property, and a copy of the board resolutions of such actions.
G.
Affidavit of ownership. If applicant is not the owner, applicant's interest in land must be indicated; e.g., tenant, contract/purchaser, lien holder, etc., and permission of property owner to file the application must be submitted.
H.
If applicant is a corporation or partnership applying to the Board or the Council for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes, list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class as required by § 8.26.
I.
A statement of any and all approvals which are required from other governmental entities.
J.
For minor subdivisions, preliminary major site plans and preliminary major subdivisions, one of the following when in the opinion of the Town Engineer there exists or there is substantial likelihood that there exists on the subject property or on adjacent property freshwater wetlands which could materially affect the proposed development pursuant to rules promulgated under the Freshwater Wetlands Protection Act:
1.
A letter of interpretation from the N.J.D.E.P. indicating the absence of freshwater wetlands, or indicating the presence and verifying the boundaries of freshwater wetlands, and classifying same by resource value;
2.
A letter of exemption from the N.J.D.E.P. certifying that the proposed activity is exempt from the Freshwater Wetlands Protection Act, and regulations promulgated thereunder;
3.
A copy of any application made to the N.J.D.E.P. for any permit concerning a proposed regulated activity in or around freshwater wetlands; or
4.
Documentation demonstrating that no wetlands exist on the subject property, and demonstrating that no wetlands exist on adjacent property that would affect or limit development on the property which is the subject of the development application.
K.
A copy of any protective covenants or deed restrictions, if any, affecting the property in question; or an affidavit from the owner certifying that no such covenants or restrictions exist.
L.
Photographs depicting the subject site, the existing structure from all sides, site improvements, roadway access and yard areas.
[Amended 3-27-2012 by Ord. No. 1983]
§ 9.03 General requirements; plan information.
[Amended 11-12-2019 by G.O. No. 2150; 9-14-2021 by G.O. No. 2222]
In addition to the submission requirements for the individual categories of applications in the following sections, all categories of applications, except for conceptual site plans and conceptual subdivisions, shall be required to submit three paper copies of the required plot plan, site plan, or subdivision plan, for purposes of completeness review only. Thereafter, if the review determinations that the application is complete, the applicant shall submit 18 paper copies, if submitting to the Planning Board, or 11 paper copies, if submitting to the Zoning Board of Adjustment, of any required plot plan, site plan or subdivision plan, signed and sealed by the professional who prepared the plot plan, site plan or subdivision plan, and a digital copy in PDF format. If review by the Architectural Review Board is required, five additional paper copies of the plan shall be submitted. Notwithstanding the above, the Board Secretary may require a greater or lesser number of paper copies in particular cases as appropriate. Any plan submitted as part of an application to a Town agency shall be prepared by an individual pursuant to the regulations in N.J.A.C. 13:27, 13:40, and 13:41, as amended, provided that the owner of a single-family detached or two-family dwelling may sign the plans for an application if he has prepared them. All such plans shall contain the following information:
A.
Title block containing the type of application, name and address of applicant and owner; name, address, signature, license number and seal of plan preparer; existing lot and block numbers; municipality and county, date prepared and date(s) of all plan amendments.
B.
Signature block for signatures of Chairman and Secretary of the Board.
C.
The name of all adjoining property owners as disclosed by current Town tax records.
D.
A key map showing the location of the tract to be considered in relation to the surrounding area within at least 500 feet of the subject property.
E.
Scale of map, both written and graphic. The scale shall consist of no more than 50 feet to the inch.
F.
North arrow.
G.
Zoning district in which parcel is located, and the zone district of adjacent property, along with the standardized zoning table provided by the Zoning Officer, placed upon the plan, indicating tract area, lot area(s), lot width(s), all yard setbacks, building and impervious coverage, building height, floor area ratio, density and number of parking spaces, both as to required, existing and proposed, for the subject property. If the application involves a conditional use, compliance with the applicable conditional use standards shall be indicated on the plan.
H.
Existing and proposed boundaries of the site(s) in question, with bearings and dimensions of same. The number of each existing tax lot in accordance with the tax map shall be shown.
I.
Municipal boundary line(s), if any, crossing or adjacent to the subject property.
J.
Location and width of existing easements or rights-of-way on or abutting the subject property, including but not limited to streets, utility and drainage easements, sight easements and access easements.
K.
Location of existing and proposed buildings, with setbacks from property lines dimensioned on the plan.
L.
Location of existing and proposed paved areas, including parking and loading areas, driveways, sidewalks, etc., showing the design of such areas.
M.
Location of natural features, including woodlands, all trees as required by the Tree Preservation Ordinance, Chapter 29A of the Code of the Town of Westfield; streams and other water bodies; wetlands if required pursuant to § 9.02J; flood hazard areas and rock outcrops on the property; and any of the foregoing on adjacent properties if same affect the proposed development.
N.
Location of any required dedication or reservation for streets or any area shown on the Official Map or Master Plan.
O.
Soil erosion and sedimentation control plan, if required pursuant to the Soil Erosion and Sediment Control Act.
P.
Construction details and specifications sufficient to illustrate the nature of site improvements, including but not limited to the following, when appropriate: paving, curbing, walls, fences, utility and storm drainage structures, soil erosion control structures, tree protection devices, light fixtures and standards, signs, planting and staking details, and barrier-free access design.
§ 9.04 Submission requirements for conceptual site plans and subdivisions.
Applications for informal review of conceptual site plans and/or subdivisions shall be required to submit a plan of the proposed development. The procedures for completeness review of formal applications shall not apply to such plan, except as provided below; however, the Board Secretary shall refer the plan to the appropriate persons and agencies, who shall provide suggestions as to any additional information that may be helpful to the Board in reviewing the plan. The applicant may choose to proceed without providing such additional information, or may provide some or all of the suggested information. Once the applicant has finalized his plan submittal, the application shall be scheduled for the Board's agenda; provided that any application for informal review shall provide the following prior to referral or review by the Board:
A.
Three completed and signed paper originals, 18 paper copies of the appropriate application form, and a digital copy in PDF format.
[Amended 11-12-2019 by G.O. No. 2150]
B.
Eighteen paper copies of the concept plan and a digital copy in PDF format.
[Amended 11-12-2019 by G.O. No. 2150]
C.
Written description of the application, including a description of the proposed use and improvements.
D.
Receipt indicating that applicable fees and initial escrow deposits are paid.
E.
Certificate from the Tax Collector indicating that all taxes and assessments for the subject property are paid up to and including the most recent collection period.
§ 9.05 Additional requirements for minor subdivisions.
In addition to the requirements indicated in § 9.02 and § 9.03, the information below shall be shown on the plans for all minor subdivision applications. Minor subdivision plans to be filed with the County Recording Officer shall use a sheet size of either 8.5 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches or 30 inches by 42 inches.
A.
Name of the map.
B.
Dimensions, bearings, and curve data for all property lines and easements.
C.
Location and description of existing and proposed monuments, including monuments where found, monuments set or reset, and monuments to be set or reset.
D.
Proposed lot and block numbers for each proposed lot.
E.
Reference meridian for north arrow shown graphically.
F.
Date of the survey.
G.
Required building envelopes drawn for each lot, showing graphically and by dimension the minimum front, side and rear yard setbacks, as well as any easements within which the construction of buildings is prohibited.
H.
Location, dimensions and nature of existing and proposed improvements in any streets, within or abutting the tract.
I.
Existing and proposed topographic contours, both for the tract and for adjacent areas affecting the development. Contour intervals shall not exceed the following: up to 10% grade, two feet; over 10% grade, five feet. Contour elevations shall be referenced to the New Jersey Geodetic Control Survey datum.
J.
The location of existing buildings on existing lots adjacent to the subject property for a distance of 100 feet from the perimeter lot lines of the subject property.
[Amended 3-27-2012 by Ord. No. 1984]
K.
Location of existing and proposed wells and septic systems and location of existing and proposed connections to public water and sanitary sewer systems, as well as connections to other utilities.
L.
Certification from a licensed surveyor as to the accuracy of the details on the plat and as to compliance with provisions of the Map Filing Law.
M.
Certification from a licensed surveyor as to the setting of monuments or from the Town Clerk as to the posting of a bond for the future setting of monuments.
N.
Certification from the Town Engineer as to the plat's compliance with the provisions of the Map Filing Law and all applicable Town ordinances and requirements.
O.
A statement from the Town Engineer that he has received a map showing all utilities in exact location and elevation identifying those portions already installed and those to be installed, and that the developer has installed all improvements in accordance with all Town regulations, and/or a statement by the Town Clerk that proper performance guarantees have been posted with the Town Council for the installation of required improvements.
P.
When approval of a plat is required by an officer or agency of the Town, County or State, such approval shall be referenced and certified on the plat.
§ 9.06 Additional requirements for preliminary major subdivisions.
In addition to the requirements indicated in § 9.02 and § 9.03, the information below shall be shown on the plans for all preliminary major subdivision applications:
A.
The proposed name of the subdivision.
B.
Curve data for all property lines.
C.
Proposed lot and block numbers for each proposed lot.
D.
Required building envelopes drawn for each lot, showing graphically and by dimension the minimum front, side and rear yard setbacks, as well as any easements within which the construction of buildings is prohibited.
E.
Location and use of open space, if any, to be deeded to the Town or controlled by an open space organization, as well as the use and nature of any other common areas.
F.
Location, dimensions and nature of existing and proposed improvements in any streets, within or abutting the tract for a minimum distance of 200 feet beyond the tract boundaries, including profiles and cross-sections for all proposed streets, sidewalks, alleys, and planting strips; radii, points of curvature and tangency and central angles of all curves, both centerline and curb.
G.
Existing and proposed water supply, including plans and profiles of proposed water mains, pipe material and sizes, valves, joints, hydrants and location of private wells.
H.
Existing and proposed sanitary sewer service, and existing septic disposal tanks, lines and fields. If connection to public sanitary sewers is contemplated, the applicant shall submit plans and profiles of proposed sanitary sewer lines; pipe length, material and sizes; location of pumping stations, manholes and other structures; and appropriate elevations.
I.
Plans and profiles of existing and proposed storm drainage design and improvements, including a map showing the entire drainage area; the drainage area contributing to each pertinent drainage structure; drainage tabulation sheets showing calculations for each drainage area; length, size and material of drain pipes; direction of flow; location of inverts, manholes, dry wells, groundwater recharge basins, swales, drainage basins and other structures; and elevations of grates, inverts, etc.
J.
Proposed location of easements for gas, electric, telephone and cable television service.
K.
Existing and proposed topographic contours, both for the tract and for adjacent areas affecting the development. Contour intervals shall not exceed the following: up to 10% grade, one foot; over 10% grade, five feet. Contour elevations shall be referenced to the New Jersey Geodetic Control Survey datum.
L.
If regrading near existing buildings is proposed, proposed spot grades at the corners of all buildings, and finished floor elevations of buildings.
M.
Location and description of existing and proposed street trees, landscaping and natural vegetation to remain. Information for proposed plantings shall include common and scientific names, number of plants, planted size and root specification.
N.
The location and design of fences, walls, sidewalks and similar improvements to be proposed.
O.
If development is proposed in phases or stages, a phasing plan.
P.
Proposed street lighting plan.
[Amended 9-29-2009 by Ord. No. 1945]
Q.
A developer of affordable housing shall incorporate on the plan a table identifying the location, required bedroom distribution, and intended occupancy (low- or moderate-income) of all affordable units, in compliance with the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1.
[Added 4-28-2020 by G.O. No. 2165]
§ 9.07 Additional requirements for final major subdivisions.
In addition to the requirements indicated in § 9.02 and § 9.03, the information below shall be shown on the plans for all minor subdivision applications.
A.
If final approval is granted after the construction of public improvements, and the design of said improvements after construction is different than shown on the plans for preliminary approval, those items required for preliminary major subdivisions pursuant to § 9.06, shown in final form.
B.
Information sufficient to demonstrate that all of the conditions of preliminary approval have been satisfied.
C.
Name of the map.
D.
Location and description of existing and proposed monuments, including monuments where found, monuments set or reset, and monuments to be set or reset.
E.
Reference meridian for north arrow shown graphically.
F.
Date of the survey.
G.
Certification from a licensed surveyor as to the accuracy of the details on the plat and as to compliance with provisions of the Map Filing Law.
H.
Certification from a licensed surveyor as to the setting of monuments or from the Town Clerk as to the posting of a bond for the future setting of monuments.
I.
Certification from the Town Engineer as to the plat's compliance with the provisions of the Map Filing Law and all applicable Town ordinances and requirements.
J.
A statement from the Town Engineer that he has received a map showing all utilities in exact location and elevation identifying those portions already installed and those to be installed, and that the developer has installed all improvements in accordance with all Town regulations, and/or a statement by the Town Clerk that proper performance guarantees have been posted with the Town Council for the installation of required improvements.
K.
A developer of affordable housing shall incorporate on the plan a table identifying the location, required bedroom distribution, and intended occupancy (low- or moderate-income) of all affordable units, in compliance with the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1.
[Added 4-28-2020 by G.O. No. 2165]
§ 9.08 Additional requirements for minor site plans.
In addition to the requirements indicated in § 9.02 and § 9.03, the following information shall be submitted for all minor site plans:
A.
Location of existing and proposed parking, loading, access and circulation improvements, signs, exterior lighting and landscaping.
B.
If interior renovations or alterations are proposed, floor plans for existing and proposed buildings, showing the use and layout of internal space, at a scale consisting of no more than eight feet per inch.
C.
If alterations to the existing building facade are proposed, elevations showing the extent and nature of the construction.
D.
If revisions to existing topographic contours or spot elevations are proposed, or if the building entrance or finished floor elevation is proposed to be revised, existing and proposed contours and/or spot elevations portraying the change.
§ 9.09 Additional requirements for preliminary major site plans.
In addition to the requirements indicated in § 9.02 and § 9.03, the following information shall be submitted for all preliminary major site plans:
A.
Location of existing and proposed buildings and their setbacks from property lines, plus the location of existing buildings and paved areas on adjacent properties.
B.
Floor plans for existing and proposed buildings, showing the use and layout of internal space, and front, rear and side building facade elevations, both at a scale consisting of no more than eight feet per inch.
C.
Location and design of existing and proposed parking, loading, access and circulation improvements, showing dimensions of same.
D.
Existing and proposed topographic contours of the site and adjacent areas affecting the site. Contour intervals shall be no greater than: 10% grade or less, two feet; over 10% grade, five feet. Contour elevations shall be referenced to the New Jersey Geodetic Control Survey datum.
E.
If new buildings or paved areas are proposed, or if regrading near existing buildings is proposed, proposed spot grades at the corners of all buildings and in appropriate pavement locations, and finished floor elevations.
F.
Existing and proposed utility service, including any existing septic systems, connections to sanitary sewers, wells, connections to water mains, fire hydrants, etc.
G.
Existing and proposed storm drainage design and improvements, including a map showing the entire drainage area, the drainage area contributing to each pertinent drainage structure and drainage tabulation sheets showing calculations for each drainage area. Provisions for rooftop drainage shall also be shown.
H.
Existing and proposed site illumination, including height and location of fixture, type of fixture and bulb, pole material, and manufacturer's isocandela diagram superimposed upon the site plan.
I.
Location and description of existing and proposed landscaping. Information for proposed landscaping shall include common and scientific names, number of plants, planted size and root specification.
J.
Existing and proposed signs, including the size, materials, nature of construction, location and any illumination of same.
K.
The location and design of fences, walls, sidewalks and similar improvements to be proposed.
L.
The location and design of solid waste disposal containers and recycling containers.
M.
If development is proposed in phases or stages, a phasing plan.
N.
A developer of affordable housing shall incorporate on the plan a table identifying the location, required bedroom distribution, and intended occupancy (low- or moderate-income) of all affordable units, in compliance with the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1
[Added 4-28-2020 by G.O. No. 2165]
§ 9.10 Additional requirements for final major site plans.
In addition to the requirements indicated in § 9.02 and § 9.03, the following information shall be submitted for all final major site plans:
A.
If final approval is granted after the construction of public improvements, and the design of said improvements after construction is different than shown on the plans for preliminary approval, those items required for preliminary major site plans pursuant to § 9.09, shown in final form.
B.
Information sufficient to demonstrate that all of the conditions of preliminary approval have been satisfied.
C.
A developer of affordable housing shall incorporate on the plan a table identifying the location, required bedroom distribution, and intended occupancy (low- or moderate-income) of all affordable units, in compliance with the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1.
[Added 4-28-2020 by G.O. No. 2165]
§ 9.11 Submission requirements for variance applications or appeals.
All applications or appeals for a "C" variance or "D" variance, when site plan or subdivision approval is not required, or when the variance application has been bifurcated from subsequent site plan or subdivision applications which may be required by this ordinance, shall submit the information required by § 9.02 and § 9.03. The Board reviewing the application shall have the authority to request additional information not required by § 9.02 and § 9.03, if in its opinion, such additional information is necessary to make an informed decision on the application or appeal.
§ 9.12 Submission requirements for other applications or appeals.
[Amended 11-12-2019 by G.O. No. 2150]
Applications or appeals for other than variance relief shall be required to submit the information specified in the procedural sections for said appeals, § 7.01E.2, § 7.01F.2, § 7.02B.2 and 3, or § 7.02C.1 through 3, as appropriate. In addition, a digital copy in PDF format of the information specified shall be submitted.
§ 9.13 Green Development Checklist.
[Added 9-22-2020 by G.O. No. 2189; amended 3-11-2025 by G.O. No. 2025-05]
A.
In addition to the requirements indicated elsewhere in this article, all applications for development shall complete and submit the Green Development Checklist.[1] Failure to do so will render the application incomplete. While completion of the checklist is mandatory, it is for information purposes only, and compliance with the items found herein will not become a condition of approval.
[1]
Editor's Note: The Green Development Checklist is an attachment to this chapter.
B.
The purpose of this checklist is to raise sustainable (green) design practices and track Westfield's overall sustainable (green) design practices. These practices include: reduce energy usage; increasing electrification; increasing the use of alternative energy; implementing water conservation measures; improving air quality; increasing the use of electric vehicles; reducing waste and increasing the use of recycled and green building materials; improving biodiversity as well as the site's ability to absorb rainfall by increasing use of native plants.
C.
The above practices support Westfield's objective to meet and exceed the State goals to reduce greenhouse gases by 2050 to 20% or less than the amount released in 2006. As Westfield has 0.33% of New Jersey's population, but 0.53% of New Jersey's residential greenhouse gas emissions, our Town plays an integral part of meeting this goal.