§ 201-6. General standards.

A. All site plans shall be designed in accordance with the following standards and shall meet all requirements of this chapter, the Subdivision Ordinance and all other applicable Township ordinances and shall conform to all particulars of the adopted Township Master Plan and Official Map.

(1) Off-street parking.

(a) The parking plan shall provide adequate access to and egress from each parking space and shall provide for safe and adequate circulation of pedestrians and vehicles. The width of all aisles or driveways providing direct access to five or more individual parking stalls shall be in accordance with the following requirements:

(b) Where possible, only one-way traffic shall be permitted in aisles or driveways providing direct access to spaces placed at an angle of other than 90 to the aisles or driveway. Any such aisle or driveway providing for two-way traffic shall be at least 24 feet in width.

(c) In all cases where there is sufficient space on the site, parking intended for shoppers shall be angle parking, at an angle of between 30 and 60, to the access aisle. All parking space shall be not less than 19 feet in length. All parking spaces shall be at least nine feet in width. Handicapped parking shall comply with the New Jersey Barrier Free Code.

(d) Off-street parking areas shall be designed to prevent the maneuvering of vehicles into or out of parking spaces within any portion of an entrance driveway that is within 10 feet of the right-of-way line of any street or within 20 feet of the right-of-way line of any county road. Offstreet parking areas shall be designed so as to permit all vehicles to avoid the necessity of backing into any street from the site.

(e) No required off-street parking space, parking access lane or maneuvering space shall be located within a proposed street right-of-way as shown on the Nutley Master Plan or Official Map or the Essex County Highway System Master Plan or Official Map.

(f) Where an off-street parking plan for the site in question is shown on the Nutley Master Plan, the Approving board shall require that the parking plan conform as closely as is practicable to the Master Plan. Where immediate conformance is not practicable, the Approving board may require that the parking plan be adaptable to future conformance to the Master Plan.

(g) All parking lots of over 20,000 square feet in area shall have at least 5% of the area within the parking lot devoted to landscaping, including shade trees. Such areas shall be not less than five feet in least dimension and shall be located between, within or at the ends of parking rows. In addition, any parking lot abutting a street or adjoining a residential use shall have buffering along the affected property line to minimize headlight glare, noise and to shield activities from adjacent properties. Buffering may consist of evergreens, shrubs, bushes or deciduous trees, or combinations thereof, to achieve the stated objectives.

(2) Off-street loading.

(a) Off-street loading spaces shall be located so as to cause the least practicable noise and aesthetic disturbance to persons using neighboring properties. No loading space shall be located so that a vehicle using the space will block the passage of pedestrians or vehicles. Each loading space shall be located and designed to permit any vehicle expected to use such space to maneuver from a driveway into and out of such space without encroaching upon any portion of an existing right-of-way or on any street right-of-way proposed by the Nutley Master Plan or Official Map.

(b) Any use expected to be served by any vehicle more than 25 feet in length shall provide offstreet loading spaces at least 12 feet wide and as long as the longest vehicle expected to serve such use. The site plan shall stipulate the type and length of vehicle expected to serve the site.

(3) Customer service areas.

Any use such as a bank or gasoline station that provides or expects to provide temporary stopping space or maneuvering space for vehicles of patrons seeking service from their cars shall show such space on the site plan. Such space shall be located at least 10 feet back of any street line or any proposed street line as shown by the Nutley Master Plan or Official Map or the Essex County Master Plan or Official Map.

(4) Driveways.



(a) Driveway location.

[1] All entrance and exit driveways shall be located so as to afford maximum safety to and minimum disruption of traffic on the street

[2] Where practicable, no part of any driveway entrance or exit to a public street shall be closer to the intersection of the center lines of two intersecting streets than a distance equal to the right-of-way width of the wider of the intersecting streets. Where the frontage of the lot is too narrow to permit the above distance, the driveway shall be located as far from the intersection as possible.

[3] Any driveway exiting onto a collector or arterial street as defined by the Nutley Master Plan, except for driveways serving three-family residences, shall be so designed in profile and grading and so located as to permit adequate sight distance.

[4] Where practicable, no part of any driveway may be located within 10 feet of any side property line, except that the Approving board may permit a driveway serving two or more adjacent sites to he located on or within 10 feet of a side property line. Where a driveway to a parking lot for the site in question is shown on the Nutley Master Plan, the Approving board shall require that such driveway be located on the site plan so as to conform as closely as practicable to the Master Plan.

[5] Wherever practicable, the Approving board shall require that a minimum clear distance of 25 feet measured along the street right-of-way line shall separate the closest edges of any two driveways.

(b) Number of driveways. The number of driveways provided from a site directly to any one street shall not exceed one for a site frontage on such street of 100 feet or less and shall not exceed two for a site frontage on such street of over 100 feet. Where more than one driveway is permitted, the Approving board shall require that each driveway be designated as either an exit or an entrance where such designation will facilitate vehicle and pedestrian movement within the site without hindering traffic movement on the street. In the case of gasoline service stations, the Approving board shall allow such additional driveways as will best provide for safe traffic flow.

(c) Driveway angles. Driveways used for two-way operation shall intersect the street at an angle as near to 90 as practicable and in no case less than 60. Driveways used for one-way operation with right turns only shall form an angle of not smaller than 45 to the street

(d) Driveway and interior road dimensions. The dimensions of entrance and exit driveways and interior roads shall be adequate to accommodate the volume and character of vehicles anticipated to be using the site, but not wider than necessary to accommodate the expected traffic at a speed of 15 miles per hour. Where a driveway is to serve a facility having less than 50 parking spaces, a depressed curb driveway shall be used. If a driveway is to serve more than 50 parking spaces, curb returns of not less than 15 feet in radius may be used. Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Driveway pavement shall extend to the paved portion of the street with which it connects. Pavement design within the street right-of-way shall meet the specifications of the Township Engineer.

(5) Interior roads.

Interior roads shall be adequate in number, grade, alignment and provision of visibility and shall furnish safe and adequate circulation.

(6) Sidewalks.

Sidewalks shall connect the main entrance of each building with the street or with the interior road giving access to the building. Interior roads giving access to buildings shall have a sidewalk on at least one side of such road. Each parking area shall be provided with a sidewalk connecting the parking area to the building entrance or entrances to be used by the employees, general public or tenants using said parking area.

(7) Construction.

Construction of all parking areas intended to be used by more than five cars, and of all roadways, driveways, curbs, traffic barriers and sidewalks, shall be according to the specifications established for these purposes by Township ordinance or by the Township Engineer.

(8) Signs.

(a) Traffic signs. To facilitate the safe and efficient movement of traffic into and out of a site, the Approving board may require the installation of specified directional, regulatory or advisory signs or pavement markings at designated locations of the site or on the right-of-way. Such signs shall be of a size, color and design specified in accordance with the Uniform Manual on Traffic Control Devices.

(b) Advertising signs. Advertising, business or political signs which revolve, move, flash or give the illusion of movement shall be prohibited within 25 feet of any existing or proposed future curbline. Nothing in this section shall permit any sign prohibited by this chapter or any other ordinance.

(9) Drainage.

(a) Surface runoff. Provision shall be made for safe and adequate drainage of the surface runoff waters in and from the premises so that flooding and erosion of the property of others will be prevented. Calculations on which the design of drainage facilities is based shall be submitted with the site plan. Unless otherwise provided by the Planning Board upon the advice of the Township Engineer, drainage facilities shall be designed on the basis of a storm of one-hour duration using a rainfall intensity of not less than 2.6 inches per hour.

(b) Facilities in streets. Each development shall be required to provide adequate drainage facilities along public streets. Where runoff from the development requires enlargement, modification or reconstruction of existing Township drainage structures, such development shall pay the cost of such improvements.

(c) Streams. When a development lies within a drainage basin of 1/2 square mile or greater and an alteration or improvement of watercourse is proposed by the site plan, evidence of submission of the proposed alteration or improvement to the New Jersey Division of Water Policy and Supply shall accompany the site plan application.

(10) Water supply and sewage disposal.

The proposed water supply and sanitary sewage and waste disposal measures shall be adequate and in accord with regulations of all bodies with jurisdiction over such measures.

(11) Utilities.

Facilities shall be provided for placing all utilities, including telephone and electric power lines and cable television lines, underground.

(12) Adverse effect on utilities.

The proposed development shall have no adverse effect on existing municipal utilities. Should additional or improved municipal utilities be required to prevent such adverse effect, the Approving board shall forward its recommendation regarding installation of the necessary improvements to the governing body and shall not issue final site plan approval until the applicant has entered into agreement with the governing body regarding installation, or payment for installation, of such improvements.

(13) Street improvements.

Improvements to Township street and/or dedication of additional right-of-way may be required of the applicant if such is necessitated by the proposed development. Such improvements or dedications shall be in accordance with specifications set forth in the Land Subdivision Ordinance of the Township of Nutley and the Nutley Master Plan.

(14) Building design and layout.

The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection; impact on surrounding development and contiguous and adjacent buildings and lands; and environmental considerations.

(15) Landscaping.

Portions of all front, rear and side yards which are not used for required driveways, sidewalks, off-street parking or loading, accessory buildings or playground areas shall be attractively planted with trees, shrubs, plants and grass lawns or ground cover. Not more than 10% of such areas to be planted may be covered with stones or pebbles of not less than one inch in diameter in lieu of grass or ground cover. Existing trees of six-inch caliper or over shall not be removed unless they are so located as to interfere unduly with construction.

(16) Shade trees.

Each site plan with street frontage totaling 50 feet or more shall show one or more shade trees in the street right-of-way bordering the site. The applicant shall request the Shade Tree Commission to plant such trees and shall reimburse the Shade Tree Commission for the expense of such planting. Such shade trees shall be located not further apart than 50 feet. These requirements may be modified or eliminated in an individual case by the Shade Tree Commission if that body deems the requirements not practicable for a particular site. Wherever practical, existing shade trees on the property and along the street shall be preserved.

(17) Screening.

In addition to screening required by other sections of this chapter, the Approving board shall require screening in the following cases:

(a) Outdoor storage; where permitted, shall be screened so as to be shielded from public view and from view from adjacent properties, insofar as practicable.

(b) All parking areas for five or more vehicles and all off-street loading areas in any district shall be screened so as to be shielded from view from any lot in any R District adjacent to or across a public street from the subject site.

(c) Where metal fencing or walls of any kind are necessary for security purposes, such fencing or walls shall not be located in any required yard unless screened so as to be shielded from public view and from adjacent lots in any R District, insofar as practicable.

(d) Required screening shall be at least the height of the object being screened and shall consist of a solid evergreen hedge or a landscaped redwood or cedar fence or a landscaped, decorative masonry wall. The Approving board may require a lower height in areas where safety requires a lower screening. Screening shall be maintained in a safe and sightly condition, and such maintenance shall be the responsibility of the property owner. No screening over six feet in height shall be permitted unless such screening is placed a clear distance of one foot from the property line for each foot the height of the screening exceeds six feet

(18) Buffer strips.

Where any nonresidence use adjoins a lot in any R District, a landscaped buffer strip at least six feet in width adjoining the R District shall be provided.



(19) Solid waste storage.

Garbage, trash, refuse and other solid waste shall be stored in covered containers. Such containers shall be stored indoors or in an unroofed enclosure, the walls of which shall be at least six feet high.

(20) The Approving board may require provisions of such additional measures as it deems necessary to protect public areas or neighboring properties from adverse effects of the proposed development which would be harmful to health, safety, conservation of property value and general welfare.

§ 201-7. Fees.

The applicant shall, prior to review of the site plan, deposit with the Township of Nutley such sum as the Board deems sufficient to defray the costs to the Board of referral to the planning consultant or other expert consultant from which the Board has requested and received technical advice in accordance with the Township Escrow Ordinance.

§ 201-8. Performance guaranty.

In the event that an applicant obtains site plan approval and thereafter applies for a certificate of occupancy without having first completed the improvements required by the approved site plan, the Approving board, upon application, may authorize a certificate of occupancy to be issued if the applicant first supplies to the Township a performance guaranty with sufficient sureties, in a form satisfactory to the board Attorney, in an amount sufficient in the opinion of the Township Engineer and Construction Official to ensure the completion of the improvement shown on the approved site plan.

§ 201-9. Rights conferred.

Preliminary and final site plan approval shall confer upon the applicant the rights conferred in the Municipal Land Use Law, Chapter 291, Laws of New Jersey 1975, N.J.S.A. 40:55D-49 through 40:55D-52.

§ 201-10. Waiver.

The Approving board may waive any submission requirement for site plans or design standard above specified upon a finding that such waiver does not endanger public health, safety or welfare and provided further that the reasons for any such waiver are included in the resolution of approval.

§ 201-11. Minor site plan.

A. Prior to the approval of any minor site plan by the Planning Board, an application shall be filed in accordance with. and shall contain all data and information required in this chapter.

(1) A minor site plan shall be considered by the Site Plan Committee, which shall compile a report to be submitted to the full Planning Board for decision.

(2) The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval, provided that if a construction permit or zoning permit is not issued for the approved minor site plan within said two-year period, the approval of said minor site plan shall become null and void.

(3) If the application for a minor site plan is classified as other than a minor site plan by the Site Plan Committee, the applicant will be so notified, and the applicant will follow the procedures contained herein for processing approval of a preliminary and final plat site plan.

(4) No site plan shall be processed as a minor site plan under the terms of this section if any one of the following conditions is present:

(a) The construction of a new building or structure.

(b) The granting of any variance.

(c) A planned development.

(d) Any new street or extension of any off-tract .improvement which is to be prorated pursuant to N.J.S.A. 40:55D-5.

(5) If the Planning Board or Site Plan Subcommittee finds that the application for development conforms to the definition of minor site plan, the Planning Board may waive notice and public hearing for such application.

B. Notice. All applicants for conventional site plan approval shall be required to serve notice of the same in accordance with the provisions of N.J.S.A. 40:55D-12a through g.

Checklist for Site Plan Application

A. Type of site plan:

(1) Repairs (interior).

(2) Renovation or alteration (exterior).

(3) Certificate of continued use.

(4) Zoning permit.

(5) Change of use.

(6) Sign.

(7) Addition.

(8) Percent or size of addition.

(9) New structure.

(10) New accessory structure.

(11) Use group.

B. Eighteen copies of application and site plan.

C. Fee: in accordance with Schedule of Fees, 33-40.

D. Date received application.

E. Date certified as complete.

F. All plans submitted shall be drawn at a scale not smaller than one inch equals 20 feet, signed and sealed by a professional engineer, architect or professional planner, and shall bear the signature and seal of the licensed land surveyor as to topography and boundary survey data and shall contain the following:

(1) The name and title of the applicant owner and the person preparing the map.

(2) The date, scale and North point.

(3) A place for the signatures of the Chairman and Secretary of the approving board.

(4) The Tax Map lot and block numbers.

(5) The bearing of all property lines with reference to north and south and the length of these lines.

(6) The zone district and the zone districts of adjoining properties within 400 feet.

(7) All entrances and exits to public streets on site and within 400 feet thereof.

(8) All property lines, streets, roads, retaining walls, rock outcrops, marsh areas, ponds and streams within 400 feet.

(9) The location of principal and accessory structures, with dimensions of the structures and distances to lot lines.

(10) All setback dimensions, landscaped areas, fencing and trees over six inches in caliper.

(11) The location of all signs and exterior lighting, with the size and height of signs and light fixtures and the strength in lumens and direction of illumination.

(12) The stormwater system, including roof leaders and inlets, and design data supporting the adequacy of the system to handle twenty-five-year storm flows.

(13) The sanitary sewage disposal system.

(14) The water supply system and all other utilities.

(15) All curbs, sidewalks, driveways, parking space layouts and off-street loading areas, with dimensions.

(16) The rights-of-way, easements and all lands to be dedicated to the county.

(17) The names of owners and use of property of all lands adjacent to the property and block and lot numbers.

(18) The site plan drawn on a sheet size of 8.5 inches by 13 inches, 15 inches by 21 inches or 24 inches by 36 inches.

(19) The entire property shall be shown; when impossible on the required sheet size, a key map is permitted.

(20) Existing and proposed contours, with a contour interval not more than two feet for slopes less than 10%; existing contours by dashed lines, proposed by solid lines.

(21) The proposed finished grade elevations at all corners of existing and proposed buildings.

(22) The proposed use of the building.

(23) The proposed use of the outdoor area.

(24) The floor space of each building and the total number of parking spaces and estimated occupancy of employees.

(25) The distances along right-of-way lines of existing streets abutting the property to the nearest intersection.

(26) All existing easements, deed restrictions, other covenants and previous variances granted for the property.

(27) The floor plan of proposed structures, with accompanying front, rear and side elevations drawn to scale.

(28) A landscaping plan, buffer plan and landscaping schedule showing -the number, size and species of plantings.

(29) A soil erosion and sediment control plan.

(30) Applications filed with the county.