A.
Any owner of lands within the Borough or his legally
constituted agent shall, prior to subdividing or resubdividing such lands,
submit to the Secretary of the Planning Board through the Borough Clerk's
office, at least two weeks prior to its next regular meeting, a sketch plat
of the proposed subdivision, conforming to the requirements of this chapter,
for the purpose of classification and preliminary discussion, together with
an application form properly filled out in triplicate on forms to be furnished
by the Planning Board. In cases of minor subdivisions, the applicant may at
the same time submit his final plat for simultaneous consideration. A copy
shall at the same time likewise be submitted to the Secretary of the Board
of Health.
B.
The Board of Health shall, within 10 days, inform the
Planning Board as to its approval or disapproval of the existing or proposed
facilities for water supply and sewage disposal for the lands involved. If
disapproved, the plat shall be processed as a major subdivision.
C.
The Subdivision Committee of the Planning Board shall
classify the plat as involving either a major or a minor subdivision.
D.
The Subdivision Committee may, in acting upon minor subdivisions,
waive full notice of hearing requirements. The Subdivision Committee may then
hold such hearing without the presence of the remaining members of the Planning
Board. At the hearing, the Subdivision Committee may consider the sketch plat
and the final plat simultaneously, and no preliminary plat shall be required
on minor subdivisions unless required due to special circumstances.
E.
The Subdivision Committee shall certify that it has by
unanimous vote found no cause for review by the entire Board and no cause
for unfavorable action and that the application constitutes a minor subdivision
under this chapter and that it has been approved by the County Planning Board.
F.
If approved, the Planning Board Chairman shall date and
sign the sketch plat and final plat of the minor subdivision and return them
to the applicant; provided, however, that he shall first furnish to the Borough
Clerk eight copies thereof and pay a fee of $100 to the Borough for filing
thereof. Where the Subdivision Committee approves a minor subdivision, such
approval shall remain valid for 190 days from the date of approval. [1]
G.
The Borough Clerk shall file copies of the sketch plat
and final plat, duly endorsed, with the following:
H.
In all cases where the action of the Subdivision Committee
is not unanimous or where the determination is unfavorable, the application
shall be referred to the entire Board for hearing and action.
A.
The following fees shall be paid to the Borough by the
applicant or developer at the time of filing or submission to the Planning
Board of any matters within the jurisdiction of this chapter. All fees paid
hereunder shall be received as general revenue and represent the reasonable
and average cost to the Borough for expenses, both direct and indirect, occasioned
by the review and appraisal of plans, processing of applications, examinations
of maps, profiles or other instruments of design, preparation of developers'
agreements or other legal fees, inspection of engineering matters, other engineering
expense and, in general, for all costs in conjunction with the administration
and enforcement of this chapter. The specific fees shall be as hereinafter
enumerated:
(1)
(2)
Variable fees. In addition to the fees applicable under
Subsection A(l), the developer shall be charged variable fees as follows:
(a)
Final plat map: $5 per lot, plus a sum equal to 5% of
the estimated cost of improvements, which estimate shall be determined by
the Borough Engineer and incorporated in any developers' agreements required
by this chapter.
(b)
Any special or extraordinary charges determined by resolution
of the Mayor and Council of the Borough upon recommendation by the Planning
Board.
(3)
Miscellaneous charges. In addition to the fixed and variable
fees enumerated in Subsections A(l) and A(2), the developer shall bear the
cost of:
(a)
Any premiums for performance bonds required by this chapter.
(b)
Any premiums for maintenance bonds required by this chapter.
(c)
Cash deposits accepted in lieu of bonds.
(d)
A specific cash bond deposit in the sum of $250 for each
stone monument to ensure installation thereof after final grading has been
completed.
[Amended 1-1-1989 by Ord.
No. 88-26-1003]
(e)
A cash deposit of applicable filing fees for the county
in accordance with statutory rates in effect at the time such filing is required.
B.
All such miscellaneous charges, if deposited in cash,
shall be processed by the Borough Treasurer through the trust account of the
Borough, with disbursements being made therefrom upon standard voucher. Any
surplus remaining to the credit of any particular developer shall be refunded
by authority of a resolution adopted by the Mayor and Council at the time
such improvements in conjunction with such developer have been approved or
accepted by the municipality.
A.
At least 10 black on white prints of the preliminary
plat, together with three properly filled out application forms for preliminary
approval, shall be submitted to the Borough Clerk, including the necessary
fees as provided herein, at least two weeks prior to the Planning Board meeting
at which consideration is desired. At the time of filing, a fee of $200 shall
be paid to the Borough Clerk to cover the costs of the hearing. The Borough
Clerk shall immediately notify the Secretary of the Planning Board upon receipt
of a preliminary plat. [1]
B.
The applicant shall notify, by registered or certified
mail, at least five days prior to the hearing, all owners of property within
200 feet of the boundary of the subject property in all directions as their
names appear on the municipal tax records. Such notice shall state the time
and place of hearing, a brief description of the subdivision and that a copy
of the subdivision plat has been filed with the Borough Clerk for public inspection.
The applicant 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. The applicant shall furnish the list
of property owners, proof of publication and mailing, as required herein,
at or prior to the hearing to the Secretary of the Board.
C.
Copies of the preliminary plat, application and other
data shall be forwarded by the Borough Clerk, prior to the hearing, to the
following persons:
D.
The County Planning Board shall submit its report on
the proposed subdivision within 30 days after the application is referred
to it. Failure of the county to report within said time period shall be deemed
approval. In all cases, the recommendations of the County Board shall be given
careful consideration in the final decision of the Planning Board. If the
County Planning Board has approval authority pursuant to N.J.S.A. 40:27-6.3,
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 Planning
Board or County Planning Board disapprove a plat, the reasons for disapproval
shall be remedied prior to further consideration. Preliminary approval or
disapproval may be applicable to the entire subdivision or any part thereof
and may include any limiting conditions applicable thereto.
E.
During the twenty-day period after the filing of the
application, the Board of Health shall likewise submit a report on the proposed
subdivision. If Sanitation Classes S-2 or S-3 are involved, copies of the
application, maps and other data, including a site plan, shall also be submitted
and copies thereof submitted to the Secretary of the Board of Health at the
same time the application is made.
F.
The hearing shall be held no less than 10 nor more than
40 days after submission of the application to the Borough Clerk.
G.
At the hearing, the Planning Board shall take into consideration
all information and factors of which it may have knowledge, as well as all
information elicited from the application, preliminary plat and from the testimony.
H.
Preliminary plan review. Within 45 days of the submission
to the Planning Board Secretary of a complete subdivision application for
10 lots or less or within 95 days of submission of a complete application
for a subdivision of more than 10 lots or within such further time as may
be agreed upon by the developer, the Planning Board shall act upon the application.
Failure to act within such time period shall be deemed preliminary approval.
I.
Planning Board variances in lieu of Board of Adjustment.
The Planning Board, when reviewing applications for subdivisions, shall have
the power to grant, to the same extent and subject to the same restrictions
as the Board of Adjustment, variances from lot and bulk area, as well as off-street
parking and loading requirements, provided that relief pursuant to this subsection
shall not be granted on more than one lot. Said variances shall be granted
where, by reason of exceptional narrowness, shallowness or shape of a specific
piece of property, or by reason of exceptional topographic conditions or by
reason of other extraordinary and exceptional situation or condition of such
piece of property, the strict application of any zoning regulation would result
in peculiar and exceptional practical difficulties to or exceptional and undue
hardship upon the developer of such property. The variance granted from such
strict application of such regulation shall relieve such difficulties or hardship;
provided, however, that no variance shall be granted under this subsection
to allow a structure or use in a district restricted against such structure
or use.
J.
If the Planning Board acts favorably on a preliminary
plat application, a notation to that effect shall be made and it shall be
forwarded to the applicant. If the application is not approved, the applicant
shall be informed in writing, with the reasons thereof, within 10 days of
the Board's decision.
K.
Such preliminary approval shall carry with it the following
rights and obligations for a three-year period from the date of preliminary
approval:
(1)
That the general terms and conditions under which the
preliminary approval was granted will not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions; and off tract improvements; provided, however,
that subsequent approval of a final plat based thereon may be denied, either
in whole or in part, in cases where it appears that conditions detrimental
to public health will or may subsequently result.
(2)
That the applicant may submit on or before the expiration
date the whole or part or parts of the plat for final approval.
(3)
That the applicant will comply with all conditions pertaining
to the preliminary approval.
(4)
That the applicant will record in the Bergen County Clerk's
office all finally approved plats within 90 days after such final approval.
(5)
That such preliminary approval shall not be deemed to
waive the requirements of any Health Ordinance or requirements of the local
Board of Health.
(6)
That the applicant may apply for and the Planning Board
may grant extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years, provided
that if the design standards have been revised by ordinance, such revised
standards may govern.
L.
In the case of a subdivision for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections K(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units permissible under preliminary approval and potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
The Planning Board may grant a rehearing on any application which has
previously been denied, provided that the notice and publication required
for the original hearing have again been given and a rehearing fee of $100
paid.
A.
Before consideration of a final subdivision plat, the subdivider shall install all of the improvements required under Article IV of this chapter. The Planning Board shall, in the alternative, require the posting of adequate performance guaranties for improvements and fees to assure the Borough of the completion of the improvements within a fixed period of time prior to such final consideration. A builders' agreement shall be entered into between the owner and subdivider and the Borough. Such agreement shall specifically detail all items of public improvements to be performed, the amounts of bonds and fees to be furnished and all other items as agreed and stipulated between the owner and subdivider and the Planning Board of the Borough. Such agreement shall be prepared by the Borough Attorney.
B.
The Planning Board shall require an agreed program of
installation of the requisite utilities and improvements, wherein streets
will not be paved until all heavy construction is completed and utilities
are installed. The timing and procedure shall be outlined to the subdivider
in each case, and he shall adhere thereto.
C.
The Planning Board may, in cases involving building construction,
require satisfactory proof that suitable provisions have been made to protect
the foundations, walls and basements of the proposed buildings from water
seepage and leakage into the same. It may likewise require guaranties to rectify
any such seepage and leakage by the builder for a period of one year after
issuance of the certificate of occupancy of such building.
D.
In order to prevent premature occupancy of dwelling houses,
no certificate of occupancy shall be issued by the Building Inspector unless
and until all street improvements have been completed and so certified by
the Borough Engineer and the necessary Board of Health certificates have been
obtained.
As a condition for approval of a subdivision, the Planning Board may
require an applicant to pay his pro rata share of the cost of providing reasonable
and necessary street improvements and water, sewerage and drainage facilities
and easements therefor located outside the property limits of the development
but necessitated or required by construction or improvements within such development.
Such improvements shall be based on the circulation and comprehensive utility
service plans of the Borough-adopted Master Plan as required by N.J.S.A. 40:55D-42
and 40:55D-28. The proportionate or pro rata amount of the cost of such facilities
that shall be borne by each developer or owner within a related and common
area shall be computed by the Borough Engineer or such other persons as requested
by the Planning Board according to the following formulas. Where an applicant
pays the amount determined as his pro rata share under protest, he shall institute
legal action within one year of such payment in order to preserve the right
to a judicial determination as to the fairness and reasonableness of such
amount.
A.
The final plat, conforming to the requirements of this
chapter and any limiting conditions imposed in the preliminary approval of
the preliminary plat, shall be submitted to the Borough Clerk for forwarding
to the Planning Board for final approval within three years from the date
of preliminary approval. The Borough Clerk shall immediately notify the Secretary
of the Planning Board upon receipt of a final plat, and the Planning Board
shall act upon the final plat within 45 days after the date of submission
for final approval to the Borough Clerk.
B.
The original tracing, one translucent tracing cloth copy,
two cloth prints, four black-on-white prints and three copies of the application
form for final approval shall be submitted to the Secretary of the Planning
Board through the Borough Clerk's office at least five days prior to the date
of a regular Planning Board meeting. Unless the preliminary plat is approved
without changes, the final plat shall have incorporated all changes or modifications
required by the Planning Board.
C.
The final plat shall be accompanied by a statement by
the Borough 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:
(1)
Installed all improvements in accordance with the requirements
of these regulations; or
(2)
A performance guaranty has been posted with the Borough
Clerk, approved by the Borough Attorney, in sufficient amount to assure the
completion of all required improvements. The amount of the bond is to be established
by the Borough Engineer.
D.
Any plat which requires County Planning Board approval,
pursuant to N.J.S.A. 40:27-6.3, shall be forwarded to the County Planning
Board by the Borough Clerk for its action prior to final approval.
E.
The Planning Board need not hold a public hearing on
applications for final approval but shall determine that all conditions and
requirements of the preliminary approval have been complied with, performance
guaranties furnished, if required, that no adverse changes in conditions have
occurred since the prior hearing and, in general, that the project is in satisfactory
condition for final approval.
F.
Failure of the Planning Board to act within the allotted
time or a mutually agreed upon extension shall be deemed to be favorable approval,
and the Borough Clerk shall issue a certificate to that effect unless the
County Planning Board or other agency has disapproved the application.
G.
Effect on final approval. Such final approval shall carry with it the following rights and obligations for a two-year period from the date of final approval: The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the applicant pursuant to § 234-24K of these regulations, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided for herein. If the applicant has followed all standards prescribed for final approval and has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one year up to a maximum of three such extensions. The granting of final approval terminates the time period of preliminary approval pursuant to § 234-24K of these regulations.
I.
The final plat, after final approval, shall be filed
by the subdivider with the county recording officer within 95 days from the
date of such approval or 190 days in the case of a minor subdivision. If any
final plat is not filed within this period, the approval shall expire. [1]
J.
Approval of the final plat by the Planning Board shall
not in any case be taken to imply that building or other permits will be granted
where Sanitation Classes S-2 or S-3 are involved and Board of Health requirements
are not to be satisfied.
