A.
Any owner of land within River Vale shall, prior to
subdividing or resubdividing land, as defined in this Part 8, submit
to the Secretary of the Joint Planning Board, or the designated official,
at least two weeks prior to the regular meeting of the Board an original
and eight black-on-white prints of a sketch plat of the proposed subdivision,
together with three completed application forms, for purposes of classification
and preliminary discussion. At the time of submission a fee of $250
shall be paid to the Township Clerk, as well as a deposit of $500
for costs.
[Amended 4-14-1969; 8-26-2004 by Ord. No. 0-9-04]
B.
The Joint Planning Board, for the purpose of minor
subdivision approval procedure, is hereby empowered to waive full
notice and hearing in all those cases in which the Subdivision Committee
of the Joint Planning Board, appointed by the Chairman with the approval
of the Board, unanimously find no cause for review of the sketch plat
by the entire Board or for unfavorable action upon the subdivision.
In such cases, the Subdivision Committee shall classify and approve
said sketch plat as a minor subdivision. Such finding shall be deemed
approval and a notation to the effect shall be made on the sketch
plat and signed by the Chairman of the Board or Chairman of the Subdivision
Committee. In the event that County Planning Board approval is required,
the sketch plat shall first be forwarded to that Board for its consideration.
Except where Joint Planning Board approval is necessary, the Secretary
of the Joint Planning Board shall return the plan to the subdivider
within one week following the meeting at which approval was granted.
The failure of the Subdivision Committee to act upon the matter within
one week following the meeting at which such sketch plat is presented
shall be deemed to constitute disapproval.
C.
Copies.
(1)
Before the Municipal Clerk returns any approved
sketch plat to the subdivider, the owner shall furnish the original
and eight copies, at least one of which shall be sent to the following:
(2)
The cost of the copies will be charged to the
subdivider and shall be collected before the return of the original
sketch plat to the subdivider.
D.
Either a deed description or plat map drawn in compliance
with N.J.S.A. 46:23-9.9 et seq. shall be filed by the subdivider with
the county recording officer within 90 days from the date of return
of the approved sketch plat.
F.
When, in the opinion of the Joint Planning Board,
undue hardship would result from strict compliance with the major
subdivision approval procedure, the general purpose and intent of
the rules, regulations and standards established by this Part 8 would
not be impaired, and no new street or extension of a street is shown,
the Joint Planning Board is hereby empowered to authorize prosecution
and disposition of the application as a minor subdivision, provided
that the Board shall not, in any case in which an application has
originally been classified as major, waive full notice, hearing or
the filing fees and deposit for costs applicable to major subdivisions.
[Added 8-14-1969]
G.
In addition to the requirements of Subsection D, the original plat of a minor subdivision or of any subdivision approved pursuant to the provisions of Subsection F shall, upon execution, remain on file in the office of the Township Clerk as a permanent public record of the action of the Board, together with any official minutes or resolutions of the Board pertaining thereto.
[Added 8-14-1969]
A.
At least six black-on-white prints of the preliminary
plat, together with three completed application forms for preliminary
approval, shall be submitted to the Township Clerk two weeks prior
to the Joint Planning Board meeting at which consideration is desired.
At the time of submission, fees are to be paid by the applicant as
follows: A fee of $500 plus $50 per lot shall be paid to the Township
Clerk as an additional filing fee. In addition, there shall be made
a deposit for costs of an additional $1,500 plus $50 per lot. Any
portion of the deposit for costs not expended shall be returned to
the subdivider. The Township Clerk shall immediately notify the Secretary
of the Joint Planning Board of the receipt of the preliminary plat
fees.
[Amended 8-26-2004 by Ord. No. 0-9-04]
B.
The Secretary of the Joint Planning Board shall notify
by mail at least five days prior to the hearing all property owners
within 200 feet of the extreme limits of the subdivision as their
names appear on the municipal tax record. Said notice shall state
the time and place of hearing, a brief description of the subdivision
and that a copy of said subdivision has been filed with the Municipal
Clerk for public inspection. The Secretary shall also cause notice
of the hearing to be published in the official newspaper or a newspaper
of general circulation in the municipality at least 10 days prior
to the hearing.
C.
Copies of the preliminary plat shall be forwarded
by the Secretary of the Joint Planning Board prior to the hearing
to the following persons:
D.
The Joint Planning Board shall act on the preliminary
plat within 90 days after submission to the Municipal Clerk, but in
no case before the expiration of the twenty-day period within which
the County Planning Board may submit a report on said subdivision.
In all cases the recommendation of the County Board shall be given
careful consideration in the final decision of the local Joint Planning
Board. If the County Planning Board has approval authority pursuant
to N.J.S.A. 40:27-12,[1] its action shall be noted on the plat, and, if disapproved,
two copies of the reasons for disapproval shall be returned with the
plat. If either the Joint Planning Board or County Planning Board
disapprove a plat, the reasons for disapproval shall be remedied prior
to further consideration. The person submitting a plat shall be notified
of the action of the Planning Board within 90 days of its submission.
If approval is required by any other officer or public body, the same
procedure as applies to submission and approval by the County Planning
Board shall apply.
[1]
Editor's Note: Repealed by L. 1968, c. 285.
E.
If the Joint Planning Board acts favorably on a preliminary
plat, the Chairman of the Joint Planning Board shall affix his signature
to the plat with a notation that it has received preliminary approval
and return it to the subdivider for compliance with final approval
requirements.
F.
Preliminary approval of a major subdivision shall
confer upon the applicant the rights established by Section 37 of
P.L. 1975, c. 291 (N.J.S.A. 40:55D-49), as the same may be amended
from time to time, for a period of three years from the date on which
the resolution of preliminary approval is adopted or for such extended
periods as provided therein.
[Amended 4-22-1993 by Ord. No. 0-1-93]
[Amended 8-14-1969]
A.
At the time specified in the Subsection B, a builder's agreement shall be entered into between the owner and subdivider and the Joint Planning Board and Township Council of River Vale. Said agreement shall specifically detail all items of public improvements to be performed, the amounts of bonds to be furnished, other requirements of the Joint Planning Board and all other items as agreed and stipulated between the owner and subdivider and the governing body and Joint Planning Board of the Township of River Vale. Said agreement shall be prepared by the Joint Planning Board and approved by the Township Council.
B.
At the time of the granting of preliminary approval
and before commencement of improvements or soil-moving operations,
the Joint Planning Board may require the posting of a performance
guaranty, as approved by the Joint Planning Board Attorney, in an
amount not to exceed 120% of the cost of the public improvements and
work as required by the Joint Planning Board, which cost shall be
determined by the Township Engineer according to the method of calculation
set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
The Township Engineer shall prepare an itemized cost estimate of the
improvements covered by the performance guaranty, which itemized cost
estimate shall be appended to each performance guaranty posted by
the obligor. The Joint Planning Board shall require that a sum not
in excess of 10% of such estimated cost shall be posted with the Township
as a cash performance bond. Subject to the provisions of N.J.S.A.
40:55D-53 and N.J.S.A. 40:55D-53.2, as the same may be amended from
time to time, the Joint Planning Board shall require that a sum equal
to 7% of such estimated cost, or $1,250, whichever is greater, be
deposited with the Township before commencement of operations to cover
the expenses incurred and to be incurred by the Township for engineering
services and legal expenses in connection with the subdivision and
application and in connection with the inspection and certification
of improvements within the development, but in no instance shall the
deposit required exceed a reasonable amount in light of the scale
and complexity of the development. In the event that the expenses
incurred for engineering services and legal expenses exceed the balance
held by the Township for such purposes, then the Township Administrator
shall notify the subdivider or developer that further moneys must
be deposited. The Joint Planning Board shall take no further action
on the application unless and until this further deposit is made.
The builder's agreement shall provide that if the Township's approved
expenses for such purposes shall exceed the amount deposited, the
subdivider or developer shall pay such excess amount to the Township,
and shall further provide that any portion of the deposit for costs
not required to be expended for such purposes shall be refunded to
the subdivider or developer, as the case may be. No such deposit shall
be charged with an amount unless the same shall represent a reimbursement
to the Township for payments by it for services rendered, upon proper
vouchers, as provided by law. In every case, any charge to the deposit
provided for herein shall be reviewed and approved by the municipality
as to the necessity for the performance of the service and the reasonableness
of the amount charged therefor, to the same extent as if there were
no provision for reimbursement to the Township and in light of the
standards set forth in N.J.S.A. 40:55D-53.2 governing escrow payments
for professional services. The Township Engineer shall perform the
following inspections in connection with the certifications of improvements
within the development:
[Amended 4-22-1993 by Ord. No. 0-1-93]
(1)
Prior to the start of any excavation work, the
developer shall notify the Township Engineer. At the time, the Township
Engineer shall inspect the construction location and grade stakes,
original ground conditions and weather conditions and shall decide
whether work is to proceed or be delayed.
(2)
During rough grade work, the Township Engineer
shall conduct periodic inspection of work progress and investigate
any subsurface conditions that are encountered. If, during the course
of construction, unforeseen conditions, such as springs, aquifer layers,
high groundwater tables and miscellaneous unknowns are encountered,
it shall be determined by the Township Engineer whether or not the
developer shall install additional catch basins, storm drains, french
drains or any other drainage appurtenances.
(3)
The Township Engineer shall inspect all drainage
trenches and storm-drain pipes prior to any backfilling of the trenches.
The storm-drain pipes, pipe joints and pipe bedding shall be backfilled
and tamped in accordance with standard specifications approved by
the Township Engineer.
(4)
The Township Engineer shall inspect excavation,
subbase and pouring of curbs and sidewalks. Said construction shall
conform to plans and specifications, the approved maps and Township
specifications and regulations.
(5)
The tickets for deliveries on the site of materials
or supplies may be inspected to determine the quantities used.
(6)
The Township Engineer shall inspect and check
the materials and amount of said materials used for the subbase material.
Said materials shall conform to the requirements as set forth on the
plans and specifications and to Township specifications and requirements.
When approval is given by the Township Engineer, the work may proceed.
(7)
The Township Engineer shall inspect final pavement
construction work during the course of said construction. The pavement
shall be constructed in accordance with the requirements as set forth
on the plans and specifications, the approved maps and Township specifications
and regulations.
(8)
The Township Engineer shall inspect the site
of grading of individual lots so as to avoid dangerous conditions
or the creation of low spots on lawns, driveways and other areas.
(9)
The installation of concrete monuments shall
be inspected by the Township Engineer.
(10)
Utilities shall be inspected by the Township
Engineer in conjunction with the various utility companies concerned.
(11)
The Township Engineer shall inspect the installation
of shade trees in conjunction with a member of the Shade Tree Committee.
C.
Any and all moneys posted by the developer or subdivider
as a deposit for costs of the Township's professional engineering
and legal expenses shall be deemed a credit to reduce by such amount
the required posting of 7% of the cost of construction of subdivision
improvements. The balance of any remaining moneys on deposit with
the Township of River Vale shall be refunded to the applying parties
at any time following expiration of 60 days from the receipt by the
Township Clerk of the certification of the Board Secretary that all
costs and expenses of the Township arising out of or due to the subdivision
applicant have been paid or sufficient provision therefor has otherwise
been made.
D.
A deposit of $50 to the Township of River Vale shall
be made for each concrete monument as shown on the plat and not actually
in place, which moneys shall be refunded to the owner on demand after
the monuments have been set by the owner's engineer to the satisfaction
of the Township Engineer. If the monuments are not set within 30 days
after written notice to the owners by the Township Engineer, the Township
shall retain said moneys as liquidated damages, and the governing
body shall then direct the Township Engineer to place the monuments.
The Township, at its option, may, in lieu of the above deposit, accept
a bond approved by the Board Attorney.
[Amended 8-26-2004 by Ord. No. 0-9-04]
E.
Prior to release of the performance bond, the applicant
shall file with the Township Engineer as-built drawings, in ink, on
tracing cloth to such scale as required by the Township Engineer,
accurately showing the location, profile, size and appurtenances of
all storm drains, catch basins, septic tanks and septic systems, sanitary
sewers and water mains and all utilities, including service connections,
constructed within the subdivision. Such as-built drawings shall be
and become the property and public record of the Township of River
Vale. Upon submission of the as-built tracings to the Township Engineer
and upon the improvements being completed, installed and accepted
by the Township and upon compliance with the law and upon the performance
of all other terms of the builder's agreement, the Township Council,
after review and recommendation by the Joint Planning Board, shall
release the performance bond, provided that a maintenance bond in
an amount not to exceed 15% of the cost of the public improvements
and work, or of the original installation, is posted, which cost shall
be determined by the Township Engineer according to the method of
calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A
40:55D-53.4). The maintenance bond shall be reviewed for form and
approved by the Joint Planning Board Attorney and shall run for a
period not to exceed two years from final acceptance of the improvement.
[Amended 4-22-1993 by Ord. No. 0-1-93]
[Amended 8-14-1969; 4-22-1993 by Ord. No. 0-1-93]
A.
The final plat shall be submitted to the Municipal
Clerk for forwarding to the Joint Planning Board for final approval
within three years from the date of preliminary approval. The Municipal
Clerk shall immediately notify the Secretary of the Joint Planning
Board upon receipt of a final plat, and the Joint Planning Board shall
act upon the final plat within 45 days after the date of submission
for final approval to the Municipal Clerk.
B.
The original tracing, one translucent tracing, cloth
copy, two cloth prints, six black-on-white prints and three copies
of the application form for final approval shall be submitted to the
Secretary of the Joint Planning Board at least two weeks prior to
the date of a regular meeting of the Joint Planning Board. At the
time of submission, fees are to be paid to the Township Clerk by the
applicant as follows: A filing fee of $500 plus $100 per lot. Unless
the preliminary plat has been approved without changes, the final
plat shall incorporate all changes or modifications required by the
Joint Planning Board.
[Amended 8-26-2004 by Ord. No. 0-9-04]
C.
The final plat shall be accompanied by a statement
by the Municipal Engineer that he is in receipt of a map showing all
utilities in exact location and elevation, identifying those portions
already installed and those to be installed, and that the subdivider
has complied with one or both of the following:
E.
If the Joint Planning Board approves the final plat,
a notation to that effect shall be made on each plat and shall be
signed by the Chairman and the Secretary of the Joint Planning Board.
F.
Failure of the Joint Planning Board to act within
the allotted time or a mutually agreed upon extension shall be deemed
to be favorable approval, and the Municipal Clerk shall issue a certificate
to that effect.
H.
Expiration of approval.
(1)
Except as provided hereinbelow, approval of
a major subdivision shall expire 95 days from the date of signing
of the plat unless within such period the plat shall have been duly
filed by the developer with the county recording officer. The Joint
Planning Board may, for good cause shown, extend the period for recording
for an additional period not to exceed 190 days from the date of the
signing of the plat.
(2)
The Joint Planning Board may extend the ninety-five-day
or one-hundred-ninety-day period if the developer proves to the reasonable
satisfaction of the Joint Planning Board that the developer was barred
or prevented, directly or indirectly, from filing because of delays
in obtaining legally required approvals from other governmental or
quasi-governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. The length of the
extension shall be equal to the period of delay caused by the wait
for the required approvals, as determined by the Joint Planning Board.
The developer may apply for the extension either before or after what
would otherwise be the expiration date.
I.
No plat shall be accepted for filing by the county
recording officer unless it has been duly approved by the Joint Planning
Board and signed by the Chairman, Acting Chairman or Secretary.
