N.J. Admin. Code § 19:4-4.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:4-4.4 - Application for zoning certificate; technical requirements

(a) Zoning certificate applications for new buildings and additions, and in other instances where required by the NJMC staff, shall include a valid survey of the tract, signed and sealed by a New Jersey-licensed professional land surveyor. The survey shall be based on the datum of the National Geodetic Survey of the National Ocean Service, in Stateplane feet. Horizontal datum shall conform to North American Datum of 1983 (NAD83) and vertical datum shall conform to North American Vertical Datum of 1988 (NAVD88), incorporated herein by reference, as amended and supplemented, for which information is available at NGS Information Services, NOAA, N/NGS12, National Geodetic Society, SSMC-3, #9202, 1315 East-West Highway, Silver Spring, MD 20910-3282. The survey shall include, at minimum:

1. Bearings and distances of all property lines;

2. Block and lot designations;

3. Acreage of the site to the nearest tenth of an acre;

4. Adjacent property lines and the names of the adjacent property owners within 200 feet of the subject property;

5. All areas claimed by the State of New Jersey as riparian, now or formerly, including any grants or releases;

6. Structures;

7. Waterways, wetlands, drainage ditches, and drainage structures or systems;

8. Easements;

9. Utilities; and

10. Vehicular use areas.

(b) All plans and professional reports submitted in conjunction with an application for a zoning certificate shall be submitted in triplicate and shall be signed and sealed by a New Jersey-licensed professional engineer, professional land surveyor, professional planner, or registered architect, as required by law. All landscape plans and open space plans for sites with an area greater than five acres shall be signed and sealed by a New Jersey certified landscape architect.

(c) General site plan requirements are as follows:

1. All site plans or sets thereof shall be based on a valid survey as specified in paragraph (a) above, drawn to scale, and contain the following:

i. The name and address of the property owner;

ii. The address and block and lot designation of the subject property and areas within 200 feet;

iii. The zoning designation of the subject property, including the location of the zone line where applicable;

iv. All existing physical features, including topography, the location of any watercourses and environmentally sensitive areas, the mean high water line, and any drainage facilities on or within 200 feet of the subject property;

v. The building footprint, dimensions, height, setbacks, lowest floor elevation, and the location of exit doors for all existing structures;

vi. The location and configuration of vehicular use areas; and

vii. The location, configuration, and dimension of streets, ROWs, easements, utility lines, sidewalks, alleys and curbs.

(d) The application shall include such other additional information as required below, based on the specific type of application, to determine compliance with these regulations, including:

1. Requirements for new buildings and additions:

i. In addition to the requirements of (c) above, the site plan shall include the following:

(1) The building footprint, dimensions, height, setbacks, lowest floor elevation, and the location of exit doors for all proposed structures;

(2) The existing and proposed floor area, itemized in square footage by use;

(3) The existing and proposed lot coverage and floor area ratio (FAR) calculations;

(4) The proposed topography of the site;

(5) Delineation of wetlands;

(6) Circulation patterns (auto, truck, and pedestrian) and the location and design of vehicular use areas, including the layout of parking and loading areas and sidewalks;

(7) The location of all utilities and the location and screening of utility structures;

(8) An open space plan prepared in accordance with 19:4-8.8;

(9) A landscape plan prepared in accordance with 19:4-8.9;

(10) A lighting plan prepared in accordance with 19:4-8.1 3, including illumination level plot or footcandle trace and design details of poles and fixtures;

(11) The location and screening of all refuse and recycling areas;

(12) The location of existing and proposed signage, including dimensions, height, setback, and illumination;

(13) Design details, including pavement, curbing, safety islands, fencing, and drainage facilities;

(14) Details sufficient to determine the site's compliance with the NJ UCC Barrier Free Subcode, N.J.A.C. 5:23-7;

(15) Building elevations, including details of facade materials;

(16) A zoning summary table; and

(17) The elevation in relation to mean sea level to which any structure has been floodproofed; and

ii. Other plans and reports to be submitted:

(1) Drainage plans and calculations prepared in accordance with 19:4-8.6; and

(2) Certification by a New Jersey-licensed professional engineer or registered architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in 19:4-9.2 0(b).

2. Requirements for site improvements:

i. In addition to the requirements of (c) above, the site plan shall include the following:

(1) The proposed topography of the site;

(2) Delineation of wetlands;

(3) Circulation patterns (auto, truck, and pedestrian) and the location and design of vehicular use areas, including the layout of parking and loading areas and sidewalks;

(4) The location of all utilities and the location and screening of utility structures;

(5) An open space plan prepared in accordance with 19:4-8.8;

(6) A landscape plan prepared in accordance with 19:4-8.9;

(7) A lighting plan prepared in accordance with 19:4-8.1 3, including illumination level plot or footcandle trace and design details of poles and fixtures;

(8) The location and screening of all refuse and recycling areas;

(9) Design details, including pavement, curbing, safety islands, fencing, and drainage facilities;

(10) Details sufficient to determine the site's compliance with the NJ UCC Barrier Free Subcode, N.J.A.C. 5:23-7; and

(11) A zoning summary table; and

ii. Other plans and reports to be submitted:

(1) Drainage plans and calculations prepared in accordance with 19:4-8.6.

3. Requirements for a change in use:

i. In addition to the requirements of (c) above, the site plan shall include the following:

(1) An outline of the location within the building footprint where the change in use is proposed;

(2) The existing and proposed floor area of each use;

(3) The proposed location and configuration of vehicular use areas; and

(4) A zoning summary table; and

ii. Other plans and reports to be submitted:

(1) Existing and proposed floor plans.

4. Requirements for signs:

i. In addition to the requirements of (c) above, the site plan shall include the following:

(1) The location of existing and proposed signage, including the setback to all property lines; and

ii. Other plans and reports to be submitted:

(1) Inventory of existing signage, including size, dimensions, height, and other such details as may be required;

(2) A signage plan, drawn to scale, indicating the dimensions, height and elevations of proposed signage, including any proposed text, construction type, color and illumination; and

(3) Architectural elevation of building facade(s).

5. Requirements for fences:

i. In addition to the requirements of (c) above, the site plan shall include the following:

(1) The location and height of the proposed fence and gates; and

(2) Detail of the fence.

6. Requirements for the placement of fill:

i. A zoning certificate application addendum for fill; and

ii. In addition to the requirements of (c) above, the site plan shall include the following:

(1) The location of existing structures and utilities on the property in question and within 200 feet of the proposed filling, excavation, regrading, or surcharge area;

(2) The location, nature and extent of any existing filled area;

(3) The location and size of the proposed filling, excavation, regrading, or surcharge area, with the boundary indicated thereon;

(4) The proposed fill sequence and proposed final elevations;

(5) Soil erosion and sedimentation control measures;

(6) Site security measures; and

(7) The proposed location of any settlement plates or inclinometers; and

iii. Other plans and reports to be submitted:

(1) Drainage plans and calculations prepared in accordance with 19:4-8.6;

(2) A preliminary site plan of the ultimate development of the site with sufficient detail to evaluate compliance with applicable use and bulk regulations, including a zoning summary table; and

(3) A detailed geotechnical investigation report prepared, signed and sealed by a New Jersey-licensed Professional Engineer specializing in geotechnical engineering, including the following:

(A) A description of existing soil and groundwater conditions in the area to be filled, or built upon, including copies of all soil boring logs, test pit investigations and test reports;

(B) The identification of the proposed final use and any interim uses for the filled area;

(C) The purpose of the fill or stockpile operation;

(D) The recommended fill operation, including, as required, excavation of existing fill/soils, site preparation, placement of fill, thickness of lifts, compaction, etc.;

(E) The recommended fill material, including type, moisture content, size grading, organic content, etc.;

(F) Recommendations for the control of groundwater during site work and/or foundation construction;

(G) An analysis of the effects of the proposed fill operation on future construction type/costs;

(H) Recommendations on the engineering properties of all soils subjected to loading condition;

(I) Recommendations for the protection of adjacent property and existing structures and utilities from settlement, mud waving, movement, etc.;

(J) An analysis of existing access roads and site ingress and egress, and recommendations for any traffic control measures related to the earthwork operations;

(K) Recommendations for dust control and street sweeping or other road maintenance;

(L) Analysis of existing drainage patterns, including all upstream drainage, and recommendations for drainage during the operation and upon completion;

(M) Recommendations for soil erosion and sedimentation control;

(N) Recommendations for monitoring of the fill/stockpile operation, including quality assurance and quality control procedures; and

(O) Recommendations for final cover/seeding so as to reestablish vegetation as quickly as possible if the filled area will not be used or constructed upon for more than one year.

7. Requirements for retail sale events and outdoor events:

i. In addition to the requirements of (c) above, the site plan shall include the following:

(1) The location of display and sale areas for outdoor sales and events; and

ii. Other plans and reports to be submitted:

(1) A floor plan indicating the dimensions of indoor display and sale areas, emergency exits, aisle widths, and location of bathroom facilities.

8. Requirements for antennas, satellite dishes and towers:

i. In addition to the requirements of (c) above, the site plan shall include the following:

(1) The location and setbacks of the proposed structure;

(2) The setbacks of all existing structures that will support the proposed antenna, satellite dish, or tower; and

(3) Details of the proposed screening method; and

ii. Other plans and reports to be submitted:

(1) Elevations and details of the proposed structures and any existing structure that will support the proposed antenna, satellite dish, or tower, including height and dimensions.

9. Requirements for tanks:

i. In addition to the requirements of (c) above, the site plan shall include the following:

(1) The location and size of proposed tanks, pumps, vent stacks, and other associated equipment;

(2) The proposed setbacks to property lines and structures;

(3) Any proposed site improvements, such as curbing, paving, landscaping, and fencing;

(4) Details of the proposed screening method;

(5) Details of the physical barrier protection and the proposed foundation; and

(6) A zoning summary table; and

ii. Other plans and reports to be submitted:

(1) Hold down calculations for below-ground tanks; and

(2) Material Safety Data Sheets.

10. Requirements for refuse and recycling areas:

i. In addition to the requirements of (c) above, the site plan shall include the following:

(1) The proposed location, showing dimensions, size, and setbacks;

(2) Details on construction and screening, including concrete pad, fencing and landscaping; and

(3) A zoning summary table.

(e) The following additional information shall accompany the zoning certificate application:

1. Architectural renderings of all structures, where required by the NJMC;

2. Sufficient information to determine that there will be compliance at all times with all applicable performance standards of N.J.A.C. 19:4-7, including:

i. A description of the activity to be conducted in sufficient detail to indicate the extent to which the proposed operation will produce waste products, conditions, or external effects which are regulated by these regulations;

ii. A description of the type and location of any abatement devices or recording instruments used to control or measure conformity with any of the performance standards of these regulations; and

iii. Such other data and certifications as may be required by the NJMC from a specific applicant to determine compliance with these regulations;

3. If the portion of the lot that is proposed for development is subject to the State's riparian interest as shown on maps issued by the NJDEP pursuant to law, a copy of one of the following, unless otherwise provided by rule of the Commission:

i. A duly executed riparian instrument releasing the State's interest;

ii. A permit or other authorization duly executed by the Bureau of Tidelands Management authorizing the applicant to proceed with the placement of certain improvements; or

iii. A final judgment rendered by a court of competent jurisdiction declaring that the State has no interest in the subject property;

4. Any deed restrictions, covenants, and easements pertaining to the subject property;

5. A Soil Erosion and Sediment Control plan, where required by other agencies having jurisdiction;

6. Proof of submittal to other agencies having jurisdiction and copies of all other agency approvals obtained by the applicant; and

7. Other such information from a specific applicant as may be required by the NJMC.

(f) The technical requirements of (a) through (e) above may be waived by the Chief Engineer upon written request in accordance with the following:

1. A request for a waiver shall specify the provision in (a) through (e) above from which the waiver is requested and the reason(s) for the request.

2. The Chief Engineer may grant waivers from the technical submittal requirements, in writing, upon finding that conformance with the NJMC rules may be determined without the specific submittal.

3. The Chief Engineer may grant waivers from the technical submittal requirements of this section in cases where there is undue hardship in carrying out the literal provisions thereof, or where the literal enforcement of one or more of the technical submittal requirements is impractical.

4. The Chief Engineer shall have 10 business days to render a decision on the waiver request.

5. Upon a substantive change of an application or unforeseen circumstance, the NJMC reserves the right to require the submittal of a waived technical requirement when deemed necessary by the Chief Engineer to determine conformance with the NJMC rules.

N.J. Admin. Code § 19:4-4.4

Amended by R.2006 d.163, effective 5/1/2006.
See: 37 N.J.R. 4198(a), 38 N.J.R. 1860(a).
In (d)1i, deleted "and" from the end of (15) and inserted (17), in 1ii, substituted "; and" for a period at the end of (1) and inserted (2).
Amended by R.2009 d.40, effective 1/20/2009.
See: 40 N.J.R. 4696(a), 41 N.J.R. 624(b).
Rewrote the introductory paragraph of (a); in (a)4, deleted "and" from the end; in (a)5, substituted a semicolon for a period at the end; added (a)6 through (a)10; in (d)1i(1), deleted "(NGVD)" following "elevation"; and in (d)6iii(3)(N), substituted "quality assurance and quality control procedures" for "quality control, settlement plates, inclinometers, etc.".
Amended by R.2011 d.118, effective 4/18/2011.
See: 42 N.J.R. 2938(a), 43 N.J.R. 1044(a).
In the introductory paragraph of (e)3, inserted "portion of the" and "that is proposed for development"; added new (f)3; and recodified former (f)3 and (f)4 as (f)4 and (f)5.