ARTICLE VIII REQUIRED DEVELOPMENT APPROVALS, DEVELOPMENT PERMITS AND APPROVAL PROCESS SUBDIVISION, SITE PLAN, VARIANCE, AND HISTORIC APPROPRIATENESS REVIEW AND APPROVAL PROCESS
§17:8-1. APPROVALS REQUIRED

A. Development permit:

1. It is the intent of this ordinance to utilize a development permit where a building even if a construction permit or approving authority action may may not be be required but where regulatory oversight is necessary to insure proper and safe installation of site elements such as fences, swimming pools, sheds and other site elements or structures as seen fit by the Zoning Officer. where regulatory oversight is necessary to insure proper and safe installation of site elements such as fences, swimming pools, sheds, and other site development or structures. as seen fit by the Zoning Officer A development permit is considered a prior approval for issuance of a building construction permit under the regulations of the Uniform Construction Code. The issuance of a building construction permit or certificate of occupancy shall be deemed to require include the issuance of a development permit.

2. No structure or part thereof shall be erected, raised, moved, extended, enlarged, altered, or demolished and no land shall be altered, filled or used unless and until a development permit has been granted by the Zoning Officer. No lot or lots shall be occupied, used, raised in grade six inches (6"), cleared, fenced, or altered or improved in any way in whole or in part for any purpose whatsoever unless and until the zoning officer issues a development permit therefor shall have been issued by the zoning officer . A development permit shall be required for the use of any land, even if there is no structure. which do not have upon them a structure.

3. The zoning officer shall review all applications for improvements and upon finding the improvement in accordance with this ordinance issue a development permit upon payment of the fee specified in Article XIII of this ordinance. Whenever there shall be a change contemplated in the use of any lot or lots which do not have a structure upon them, a new development permit shall be required.

4. Where the proposed construction is either a new structure or an addition to an existing structure, the applicant shall submit three (3) sets of plot plans, building floor plans and architectural elevations to the Zoning Officer. The plot plan shall show finished grades, open spaces, the established front yard building lines within 100' of both sides of the structure upon which the land is located and such other information that the Zoning Officer determines is necessary to show that the proposed structure shall comply with all of the requirements of this ordinance for the zone district in which the lot is located. Said plan shall be drawn to scale and shall show actual dimensions and figures. All building plans and plot plans shall be signed and sealed by an appropriate New Jersey licensed professional authorized by the New Jersey Administrative Code to prepare such plans. The owner of a single family dwelling unit may prepare and sign said building plans and shall file an affidavit to that effect with said plans.

5.No development permit shall be issued for the erection, moving, extending, enlarging, or altering of any structure, or part thereof, unless and until the plan and intended uses therefore indicate that such structure is designed to conform in all respects to the provisions of this and all other applicable ordinances of the City. No development permit shall be issued by the zoning officer until final approval has been granted by the appropriate approving authority. Development permits for developments requiring a variance from this ordinance shall only be issued upon receipt of a written order from the appropriate authority, or upon the satisfaction of all conditions contained within a memorialized resolution of approval.

6. No development permit shall be issued for the erection, moving, extending, enlarging, or altering of any structure, or any part thereof, including a single and two family dwelling unit, unless and until the grading and drainage of the site has been reviewed and approved by the City Engineer. All applications for building permits and all plans submitted for such applications that are not submitted to the Planning Board or Board of Adjustment shall be forwarded to the City Engineer for review and approval of the grading and drainage. Such review shall not be required for the extension, enlargement or alteration of a single or two-family dwelling unit where such construction would not increase the lot coverage of the existing structure by more than twenty-five (25) percent.

7. No development permit shall be issued prior to the issuance of a Certificate of Appropriateness as may be required pursuant to Article X.

8. It shall be the duty of the Zoning Officer to issue such permits as may be required when it is sufficiently demonstrated that the land use, structure, and all other relevant aspects of an application for development conform with all of the requirements of this ordinance, and that all other reviews and actions, if any, as required by other state and local regulations have been complied with and all necessary approvals have been secured.

9. When the Zoning Officer determines that the applicant's proposed development does not meet the requirements of this ordinance, the Zoning Officer shall refuse to issue a permit in writing and direct the applicant to request approval from the appropriate approving authority. The applicant may appeal this decision to the Board of Adjustment for a reversal of the Officer's decision in accordance with Article VIII of this ordinance.

10. If it shall appear at any time to the Zoning Officer that the development permit or development application or accompanying plans are in any respect false or misleading, or that site work is being performed upon the premises differing materially from that called for in the applications filed with him under existing zoning laws or ordinances, the Zoning Officer may revoke any permit issued, it shall be the duty of the person holding the same to surrender it and all copies thereof to the Zoning Officer. After applicable permits have been revoked, the Zoning Officer shall, before issuing any revised permit, require the applicant to file an indemnity bond in favor of the City with sufficient surety conditioned for compliance with this ordinance and all laws and ordinances then in force, and in a sum sufficient to cover the cost of removing the structure if it does not comply.

11. Whenever the city or any duly constituted board, agency or department thereof is acting in or pursuant to the performance of a governmental function, carrying out a legislative mandate or in the exercise of its private right as a corporate body, any city owned operated or controlled building, structure, facility or use either existing or proposed shall not be subject to the provisions of this Chapter.

B. Subdivision:

Any owner of land lying within the City of Plainfield shall, prior to the subdivision or re-subdivision of land as defined by this ordinance, and before conveying legal or equitable title to such subdivision or any part thereof, obtain final approval of a subdivision plat pursuant to the provisions of this ordinance. Such approval shall be a condition precedent to filing of such plats with the county recording officer. Failure to obtain final subdivision approval as required shall subject the property owner to the provisions of N.J.S.A. 40:55D-54 and 40:55D-55.

C. Site plan:

1. No permit for any development, except as hereinafter provided, may be issued until approval of a site plan by resolution of the Planning Board or Zoning Board of Adjustment has been granted. Any owner of land lying within the City of Plainfield shall, except as hereinafter provided, prior to any change of use of land requiring a certificate of occupancy, or commencement or enlargement of any use requiring fencing, walls or landscape screening pursuant to this ordinance, or prior to any improvement of land involving excavation, removal of soil, clearing of any site, or placing of any fill on land contemplated for development, or before any construction or alteration of any structure or parking area that would extend the exterior dimensions of such area, or requiring additional parking, obtain final site plan approval pursuant to the provisions of this ordinance. Site plan approval is required for conversions of one- and two-family dwelling units to three or more family dwelling units.

2. The following developments shall be exempt from site plan review, but shall require approval by the Zoning Officer in order to ensure compliance with all provisions of this Chapter:

a. The construction of a single-family detached or two-family dwelling unit buildings, and construction of structures and establishment of uses accessory thereto;

b. Change of tenancy or occupancy for non-residential uses where the change does not require relief from any provisions of this ordinance, and where the administrative officer has found the amount and size of existing parking to conform to the requirements of this ordinance;

c. Interior alterations to permitted non-residential structures and uses that comprise less than an aggregate of two-thousand (2,000) square feet, and where the administrative officer has found that parking conforms to the requirements of this ordinance;

d. Exterior alterations to residential and non-residential structures to cosmetically enhance the appearance of a building or structure, provided said exterior alterations do not change or enlarge the perimeter of the building or structure, and do not require relief from any provisions of this ordinance;

e. Four hundred (400) square feet or less of additional principal or accessory building floor area, or other development less than or equal to four hundred (400) square feet;

f. Rooftop mechanical equipment or other similar appurtenant additions;

g. Enlargements or modifications to existing exterior trash and/or recycling storage areas, where such area does not require relief from any provisions of this ordinance;



h. Fences accessory to non-residential uses;

i. Signs, awnings and canopies accessory to principal residential and non-residential uses;

j. Demolitions.

3. No building permit shall be issued for any structure or other construction activity until final approval has been granted to a site plan for such development or such development has been certified as exempt by the Zoning Officer pursuant to the provisions of this ordinance. Where no exemption is certified, no building permit shall be issued except in conformance with the site plan approval and no building permit shall be issued until satisfactory proof has been submitted by the applicant that compliance has been achieved with all requirements of the approving authority and all necessary easements, rights of way, leases or other documents required to commence and complete the work requisite in the approved site plan have been obtained.

4. The plot plan required herein shall indicate current site improvements and be prepared, dated and certified by, or properly referenced to, a licensed land surveyor of the State of New Jersey.

5. No certificate of occupancy shall be granted unless all construction and development conform to the plans as approved by the Planning Board or Zoning Board of Adjustment. Signature of the construction official on the certificate of occupancy shall certify that all provisions of this ordinance have been complied with for the property or structure in question.

6. A Certificate of Compliance shall be required to be obtained prior to occupancy after the sale or conveyance of any commercial, industrial, institutional, mixed use or other property or structure within the City. No person shall occupy such property after such sale or conveyance unless such Certificate of Compliance shall have been obtained. The issuance of said Certificate of Compliance shall be contingent upon the following:

a. The Zoning Officer's certification that the existing use is a proper use within the zone in which the property is located (This use, and its designation within Article IX of this ordinance, is to be specifically stated on the Certificate);

b. An inspection made by the City Engineer of all stormwater discharges from the structure and property to insure that no water from roof drains, sump pumps, or other storm water collection or storage facilities is directed into the City sanitary sewer system; (all such connections must be removed, and proper connections in the City stormwater system are to be installed prior to the issuance of any Certificate of Compliance).

7.Time Limitations.

a. The Zoning Officer shall issue or deny a development permit within twenty (20) days of the date of application for said permit.

b. A development permit shall remain valid for one (1) year following its issuance.

8.A development permit shall specify the use of the lot or lots, or structure(s) as the case may be, in accordance with the uses stated in Article IX of this ordinance and any terms or conditions under which the issuance is made. Any change of use shall be treated as a new use and a new development permit shall be required. Before any development permit shall be issued for any such change of use, all provisions of this ordinance shall be complied with in the same manner as if the new use or structure was an initial use of land or structure.

§17:8-2.REQUIRED DEVELOPMENT APPLICATION DATA AND OFFICIAL CHECKLIST FOR COMPLETENESS

A. An application for development shall not be accepted for filing unless and until all escrows and fees, three (3) copies of plans and three (3) completed application forms are submitted.

B. All applications for development shall comply with the requirements set forth below unless the approving authority grants submission waivers. provide exhibits regarding the site to be developed or subdivided. The approving authority may request other such information as may be reasonably required but such additional information shall not affect the completeness of the application. The required information or official checklist for completeness is as follows:

9.Said exhibits shall include:

10.

**Webmasters Note: The numbering of the previous subsections are consistent with the original document.

1. Name of the proposed development and general description of plan and proposed use;

2. All administrative information required on the application forms as adopted by the approving authorities applicable to the proposed development;

3. Copy of any protective covenants and deed restrictions related to the subject property (if a deed restriction or easement is found to exist after an approving authority has granted approval to an application, the approval shall be deemed null and void. The applicant will be required to submit a revised application with the new information);

4. All block/lot numbers and owners of the subject properties;

5. A tax search indicating current status of all taxes, assessments, and fees due to the City of Plainfield;

6. All requisite escrow deposits and fees;

7. Corporation Disclosure Statement if required under N.J.S.A. 40:55-D48.1 et seq.;

8. Consent to enter approval;

9.A map or drawing in one of four standard sizes, 8 1/2" x13", 30"x42", 24"x36", or 15"x21", folded to a maximum size of 9"x12", and numbered in sequential fashion indicating total sheets submitted showing:

a. Key map at a maximum scale of 1"=600' indicating all streets and zone districts within six hundred feet of the subject property;

b. Name, address and phone number of applicant and property owner;

c. Name, address, phone number and seal of architect, engineer, surveyor, planner or landscape architect who prepared plan;

d. Date prepared and any and all revision dates;

e. Graphic scale and north arrow;

f. Dimensions and bearings of all existing and proposed property lines, easements, covenants and deed restrictions;

g. Dimensions of existing and proposed street right of ways, both within and adjacent to the subject property, including street names, and distance to nearest intersection along street ROW;

h. Location, dimensions and use of all existing and proposed structures, showing the height, building area, pedestrian and vehicular entrances and fire escapes;

i. Square footage and/or acreage to the nearest tenth of all parcels;

j. General slope and natural drainage, and watercourse locations and all natural and significant features (wooded areas, ponds, marshes, etc) including trees over 4" caliper;

k. Location and dimensions of existing and proposed drainage improvements, parking spaces and aisles, loading, curb cuts, driveways, driveway aprons, sidewalks and yards (front, side, and rear);

l. Delineation of flood hazard areas;

m. Tabulation indicating the square foot area of structures, pavement and open space and the percent of their lot coverage and floor area ratio;

n. Zoning district of the subject property;

o. A current outbound survey of the tract or a survey no more than five (5) years old certified by a licensed land surveyor that there has been no changes. Such survey shall include the adjacent right of way with curbs, driveways and sidewalks certified by a licensed New Jersey land surveyor, or appropriate reference to such survey;



p. Zoning table showing all required and proposed conditions including all relief from zone requirements that is being sought;

q. A specific submission waiver request for each required site plan/subdivision requirement of this ordinance;

r. Signature block for City Engineer, board chairman and board secretary.

s. List of all variances and design waivers that are requested.

C. Minor subdivision plat. The following information is required in addition to that specified in A above:

1. Location, dimensions and bearings of all property lines and easements- existing, proposed, and proposed to be eliminated;

2. Location of all structures and curb cuts on adjacent tracts fronting the same right-of way as the subject property.

D. Preliminary major subdivision plat. The following information is required in addition to that specified in A and B above:

1. Location of all proposed street right of ways, including cross sections and center line profiles and tentative grades;

2. Plans and profiles of any proposed utility layout, including easements;

3. Approximate location of all structures on adjacent tracts within two hundred (200) feet and along the same street line as the subject property.

4. All existing and proposed contours at one (1) foot intervals within the tract and within one hundred (100) feet of the subject property indicating high and low points.

E. Final subdivision plat. The following information is required in addition to that specified in A and B or C above:

1. Certification of the City Engineer pursuant to all appropriate articles of this ordinance;

2. A plat, in conformance with the "Official Map Filing Act", or deed description in conformance with an approved preliminary plat;

3. Proof of posting all requisite bonds and fees;

4. If applicable, a stream encroachment permit or waiver for the proposed development;



5. If applicable, a permit or exemption issued under the Soil Erosion and Sedimentation Control Act;"

6. The location of all land to be reserved or dedicated to public use;

7.The location and description of all monuments.

F. Site plan for preliminary approval. The following information is required in addition to that specified in A. above:

1. Scaled architectural depiction of exterior building elevations, a description of facade materials and floor plans of sufficient detail to apprise the approving authority of the scope of the proposed work;

2. Building construction type/class (BOCA CODE);

3. Location of all existing and proposed subsurface and above ground utilities, (gas, water, telephone, electric, sanitary sewer, oil, etc.) including the location of all laterals;

4. Finished floor elevations of all existing and proposed structures referenced to geodetic data;

5. The approximate location of all structures on adjacent properties;

6. Existing and proposed contour lines at one foot (1') intervals inside the tract and within thirty feet (30') of the tract's boundaries with spot elevations at all changes in grade due to construction.

7. Location of off-street parking and loading areas, vehicular and pedestrian ingress and egress with directional traffic flow indicators, truck movement wheel base templates, sight triangle easements, fire lanes, stall dimensions and pavement surface type;

8. Curbing and apron type;

9. Computation of required storm water detention volume and specification of minimum volume to be detained subsurface as part of a complete site drainage and grading plan;

10. Total architectural lighting plan indicating location, type, and height of lighting standards with accompanying illumination design average and one foot-candle trace;

11. Location, type, and height of fences, walls, and screening;

12. Location and plant schedule of trees, shrubs, and seeded areas;

13. Location and height of terraced and bermed areas and location at all open space areas;

14. Location, type, and volume of refuse storage and recycling facilities;

15. Appropriate construction details;

16. Location, type and dimension of pedestrian paths, walkways and sidewalks and all barrier free design;

17.A written description of the proposed use(s) and operation(s) of the building(s), including:

a. The number of employees or, members of non-residential buildings;

b. The proposed number of shifts to be worked and the maximum number of employees on each shift;

c. Expected truck traffic; and

d. Anticipated hours of operation and anticipated expansion plans incorporated in the building design;

18.A sign plan for all existing and proposed signs including:

a. Locations, positions, dimensions and total height of all signs.

b. Source of illumination, if applicable;

c. Material used in sign fabrication;

19.Type and quantity of expected sanitary discharge.

Site plan for final approval. The following information is required in addition to that specified in A and E above:

1. A site plan conforming to the conditions of preliminary approval;

2. If applicable, a stream encroachment permit or waiver for the proposed development;

3. If applicable, a permit or exemption issued under the Soil Erosion and Sedimentation Control Act;

4. If applicable, a permit or waiver from the New Jersey Department of Transportation for curb cuts or other improvements within the State right of way, and proof of conformance with the State Highway Access Management Code adopted by the State with respect to any State applicable highways;

5.Proof of posting all requisite bonds and fees;

Any other information as may be reasonably required by the approving authority in the course of their approval/resolution.