Whenever a term is used in this chapter which is defined in P.L. 1975, c. 291, such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
All sections of the Land Subdivision Ordinance, Zoning Ordinance, Site Plan Review Ordinance or any other ordinance of the Township of Nutley which contain provisions contrary to the provisions of this chapter shall be and are hereby (to the extent of such inconsistency) repealed.
Pursuant to the provisions of P.L. 1975, c. 291, Section 81, the substantive provisions of the existing Land Subdivision Ordinance, Zoning Ordinance and Site Plan Review Ordinance of the Township of Nutley and the development regulations set forth therein shall continue in full force and effect and shall be read in para materia with this chapter.
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Article IV of this chapter.
This chapter shall be known and may be cited as the "Land Use Procedures Ordinance of the Township of Nutley."
Immediately upon adoption of this chapter, the Municipal Clerk shall file a copy of this chapter with the County Planning Board as a required by law. The Clerk shall also file with said County Planning Board copies of all other ordinances of the municipality relating to land use, such as the Subdivision, Zoning and Site Plan Review Ordinances.
A. No fences of any type shall be permitted in any front yard.
[Amended 9-18-1990 by Ord. No. 2328]
B. A fence erected along the side lines from the front line of a main structure to the rear line of such main structure and within such lines shall not exceed four (4) feet in height and shall not be less than two (2) feet in height and shall be of fifty percent (50%) open construction (i.e., the open spaces in the fence shall be at least the same width as the width of each picket, slat or other construction element of such fence). The setback for any such fence shall be in line with the furthest setback of the adjacent property or the property upon which the fence is being erected, whichever setback is greater. [Amended 9-18-1990 by Ord. No. 2328]
C. A fence erected along the side lines from the rear line of a main structure to the rear property line and along said rear property line and within such lines shall not exceed six (6) feet in height and not be of solid construction. A stockade fence is hereby deemed to be of solid construction. [Amended 8-17-82 by Ord. No. 2087]
D. (Reserved)
E. (Reserved)
F. (Reserved)
G. A fence erected on any corner lot shall conform to the fence requirements for the adjoining properties and shall be in accordance with the provisions of the Nutley Zoning Ordinance.
H. If, by the application of the provisions of this chapter, because of the location or position of any interior lots, the owners of lands along a common boundary line are restricted to the erection of fences of one.or the other of two (2) maximum heights, then, in such case, notwithstanding such provisions, all owners along said common boundary line shall be permitted to erect a fence of the greater maximum height, provided the fence so erected is the kind or type required by the provisions of this chapter.
I. No permit shall be issued for the construction of any fence, the apparent purpose of which is to obstruct light and air in relation to adjoining property or for any fence which shall constitute a hazard, including but not limited to spike-type, barbwire and electrical fences. [Amended 9-18-1990 by Ord. No. 2328]
J. The finish side of the fence, as determined by the Construction Official, shall face toward the direction of the adjoining properties.
K. Notwithstanding the foregoing, a stockade fence with no open construction may be erected in accordance with the location -and height limitations contained in Subsection C hereof if the written consent of the adjoining property owner or owners is filed with the Construction Official. [Added 8-17-82 by Ord. No. 2087]
The Construction Official of the Township of Nutley shall administer and enforce this chapter and shall make the determination concerning compliance with this chapter and the issuance of construction permits.
Fees shall be as per construction permit fee schedule.
This chapter shall supersede any conflicting ordinance or any other regulation to the extent that this chapter imposes more stringent requirements. It is not intended to repeal, modify or change any ordinance, State Uniform Construction Code or other regulations, except as herein stated.
Any person who violates any provision of this chapter shall be liable for a fine not exceeding five hundred dollars ($500.) or imprisonment for a term not exceeding ninety (90) days, or both. Each day in. which such violation continues shall constitute a separate violation or offense.
Application for appeal from the decision of the Construction Official shall be made to the Zoning Board of Adjustment in accordance with the provisions of
A. No construction permit or certificate of occupancy shall be issued for any use except one- and two-family detached dwellings and permitted accessory use thereto unless a site plan shall have first been approved by the Planning Board in accordance with the terms of this chapter, except that site plan approval also shall not be required for the following except as set forth in Subsection B.
(1) Minor repairs to the interior of a building or structure not involving structural changes as determined by the Construction Official.
(2) Renovations or alterations to the exterior design of a building or structure which do not involve a major structural change or enlargement of the building, as determined by the Construction Official.
(3) Certificates of continued use, zoning permits, certificates of change in use and certificates of occupancy for renovation, alterations, interior minor repairs and additions, exempt from site plan approval, as determined by the Construction Official.
(4) Signs as described in this chapter.
(5) In cases where an expansion or an addition to an existing use, structure or building, the standards established by this chapter shall be applicable except when the expansion or addition does not exceed 15% of the gross floor area or 1,000 square feet of the existing use, whichever shall be the lesser.
B. The Construction Official may, at his discretion, refer any application for a construction permit or use to the approving authority for site plan approval where, in his judgment, the construction, reconstruction, alteration, use or sign will affect motor vehicle and pedestrian circulation, drainage, water supply, sewage disposal, landscaping, lighting, off-street parking or loading or any lack of any or all of these factors, environmental factors and other considerations as specified in this chapter.
The procedures for obtaining site plan approval shall follow the requirements of the Municipal Land Use Law, Chapter 291, Laws of New Jersey 1975. Site plan approval shall generally be under the jurisdiction of the Approving board except when the application also involves a "d" variance in accordance with N.J.S.A. 40:55D-70, in which case site plan approval shall be under the jurisdiction of the Board of Adjustment
Eighteen copies of an application for site plan approval on a form approved by the Approving board, together with 18 copies of the site plan shall be submitted to the administrative officer. The application shall be accompanied by a fee in accordance with the Schedule of Fees,
A. Certification of completeness.
The site plan application shall not be considered complete until it is certified by the Construction Official that the application contains all pertinent information requested therein and that the site plan is in the form and shows all the information required by this chapter. The determination of whether or not the application meets the requirements for completeness shall be made within 45 days of submission of the application. The Construction Official shall notify the applicant of such determination with the reasons for lack of completeness if defects are found. The application shall not be considered as filed until it is certified as complete and all required fees are paid.
B. Distribution of application.
(1) The Construction Official shall mark each copy of the completed application with the date of certification of completeness and shall transmit a copy of the application and site plan, within three days of completeness, to each of the following:
(a) Secretary of the Approving board.
(b) Township Engineer.
(c) Township Police Chief or other police officer designated by the Commissioner of Public Safety.
(d) Paid Fire Department officer as designated by the Commissioner of Public Safety.
(e) Township Shade Tree Commission.
(f) Planning consultant
(g) Construction Official.
(h) Township Clerk.
(2) Nine copies of the application and site plan shall be transmitted by the Construction Official to the Chairman of the Approving board or to the Chairman of the Site Plan Committee if such Committee has been appointed.
C. Site Plan Committee.
If the Board desires, it may, by resolution, create a Site Plan Committee to review applications prior to consideration by the Board and to make recommendations as to the need for changes in the plan and/or opinions from officials and consultants.
D. Referral to officials and consultants.
If the Board deems necessary to its proper consideration of the site plan, it may request technical advice from any or all of the officials, commissions and consultants to which the plan has been transmitted under Subsection B of this section and any other Township officials or Township agencies or expert consultants on performance standards. Said officials, agencies and consultants shall submit written reports to the Board concerning the site plan within the 20 calendar days following referral action by the Board. Failure to submit a report or to request an extension of time to do so shall be deemed an affirmative statement that the official, agency or consultant has no unfavorable comment to make.
E. Time limits for Board review.
(1) The time limits for action by the Approving board shall be the same as those set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-37 et seq.
(2) The Board shall notify the applicant and the Construction Official of its actions or approval, disapproval or referral. In disapproving a site plan, the Board shall enter its reasons for such action in its records and submit a copy of such reasons -to the applicant. When a site plan is approved, the Chairman and Secretary of the Approving board shall sign and date the statement of approval on the site plan required by this chapter. In considering approval or disapproval of the site plan, the Board and its consultants and advisors shall be guided by the standards set forth in this chapter. In approving a site plan, the Board may attach such conditions as it deems necessary to bring the plan into conformance with such standards.
(3) In approving a site plan, the Board shall state that such approval is, subject to and shall not become final until approval of any necessary actions by any Township, Essex County, state or federal agency with jurisdiction over the proposed development.
A. The site plan shall be prepared, signed and sealed by a professional engineer, architect or professional planner licensed to practice in the State of New Jersey and shall bear the signature and seal of a licensed land surveyor as to topography and boundary survey data. The plan shall be drawn to a scale of not less than 20 feet to the inch, unless the site is of such size that it cannot be shown at this scale on a sheet 30 inches by 42 inches, in which case a scale convenient to show the site on such sheet may be used. The site plan shall be drawn on a sheet of one of the following sizes:
(1) Eight and five-tenths inches by 13 inches.
(2) Fifteen inches by 21 inches.
(3) Twenty-four inches by 36 inches.
B. Each site plan shall show the following information:
(1) The name and title of the applicant, owner and person preparing map.
(2) A place for the signature of the Chairman and Secretary of the Approving board.
(3) Tax Map lot and block numbers.
(4) The date, graphic scale and North sign.
(5) Bearings of all property lines with reference to north and south and length of these lines.
(6) The zone district in which property in question falls and zone district of adjoining properties within 400 feet.
(7) All setback dimensions, landscaped areas, fencing and trees of over six-inch caliper.
(8) The location of all signs and exterior lighting with size of signs and description and height of light fixtures and strength in lumens and direction of illumination.
(9) The location of the principal building and all accessory structures with dimensions of the structures and of the distances to lot lines.
(10) Stormwater system, including roof leaders and inlets, and design data supporting the adequacy of the system to handle twenty-five-year storm flows.
(11) Sanitary sewerage disposal system.
(12) Water supply system and all other utilities.
(13) All curbs, sidewalks, driveways, parking space layout and off-street loading areas with dimensions.
(14) Rights-of-way, easements and all lands to be dedicated to the Township or Essex County.
(15) The entire property in question, even though only a portion of said property is involved in the site plan; provided, however, that where it is impossible to show the entire property on the required sheet, a key map is permitted.
(16) Based on most recent tax records, the names of owners and use of property of all lands adjacent to the property and block and lot numbers for all of the above.
(17) All property lines, streets, roads, retaining walls, rock outcrops, marsh areas, ponds and streams within 400 feet of the property.
(18) All entrances and exits to public streets, both on the site and within 400 feet thereof.
(19) Existing and proposed contours, referred to United States Coast and Geodetic datum, with a contour interval of not more than two feet for slopes less than 10%, and an interval of five feet for slopes of 10% or more. Existing contours shall be indicated by dashed lines and proposed contours by solid lines.
(20) Proposed finished grade elevations at all corners of existing and proposed buildings.
(21) The proposed use of each building, the use of each outdoor area, the floor space of each building, the total number of parking spaces and the estimated maximum number of employees. If the precise use of a building is unknown at the time of application, an amended plan showing the proposed use shall be required prior to issuance of certificate of occupancy.
(22) The distances, measured along the right-of-way lines of existing streets abutting the property, to the nearest intersections with other streets.
(23) Satisfactory evidence of conformance to the performance standards set forth by this chapter, where such standards are applicable. Such evidence may be submitted with any site plan as a supplementary document
(24) All existing easements, deed restrictions, other covenants and previous variances granted for the subject property.
(25) Such other data as may he required by the Approving board for determination that the site plan is in accordance with the standards of this chapter and all other applicable Township ordinances.
