[HISTORY: Adopted by the Borough Council
of the Borough of Glen Rock 1-24-1977 by Ord. No. 852 (Ch. XXIV of the 1971
Revised General Ordinances). Amendments noted where applicable.]
This chapter shall be known as the "Subdivision
and Site Plan Ordinance of the Borough of Glen Rock."
The purpose of this chapter is to provide rules,
regulations and standards to guide land subdivision and the development
of land in the Borough in order to promote its public health, safety,
convenience and general welfare. It shall be administered to ensure
orderly growth and development, conservation, protection and proper
use of land and adequate provision for circulation, utilities and
services.
As authorized by N.J.S.A. 40:55D-37, the provisions
of this chapter shall be administered by the Planning Board, provided
that whenever, pursuant to law or ordinance, the Board of Adjustment
has jurisdiction to grant the plan or subdivision approval, then the
applicable provisions of this chapter shall be administered by the
Board of Adjustment.
This chapter shall not be construed to repeal Chapter 230, Zoning, or any part thereof. All other ordinances which are inconsistent with the provisions of this chapter shall be deemed superseded to the extent of such inconsistency.
Certain words and terms in this chapter shall
be given the following meanings:
The person with whom applications for development are filed
pursuant to this chapter. The administrative officer for the Board
of Adjustment shall be the Clerk to the Board of Adjustment. The administrative
officer for the Planning Board shall be the Clerk to the Planning
Board.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction of the issuance of a permit for
construction within the bed of a mapped street or for construction
of a structure not having access or not related to a street.
A certificate issued by the Construction Code Official for
the construction, reconstruction, remodeling, alteration or repair
of a building upon approval of the submitted application and plans.
A certificate issued by the proper administrative officer
of the Borough certifying:
That there is in the Borough a duly established
Planning Board.
That there is in the Borough an ordinance controlling
the subdivision of land.
Whether a subdivision has been approved by the
Planning Board for the land designated in the application for such
certificate and, if so, the date of such approval and any extensions
and terms thereof.
A certificate issued by the Construction Code Official upon
completion of the construction of a new building or addition or upon
a change in the occupancy of a building other than a dwelling unit
as defined in this chapter which certifies that all requirements of
this chapter or such adjustment therefrom which has been granted by
the Board of Adjustment have been met and that the purpose for which
a building or land is to be used is in conformance with the uses permitted
and all other requirements under this chapter for the zone in which
it is located or is to be located.
[Amended 9-28-1997 by Ord. No. 1291]
Calendar days.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required pursuant to this chapter.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development and the means necessary for water supply preservation
or prevention or alleviation of flooding.
The lands required for the installation of stormwaters, sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:1-1 to 58:1-34.[1]
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey, and in an administrative proceeding before
a municipal agency, any person, whether residing within or without
the Borough, whose right to use, acquire or enjoy property is or may
be affected by any action taken under this chapter or whose rights
to use, acquire or enjoy property under this chapter or under any
law of this state or of the United States have been denied, violated
or infringed by an action or a failure to act hereunder.
Any off-street space available for the loading or unloading
of goods and having direct usable access to the street or alley.
A parcel or portion of land separated from other parcels
or portions by description, as on a subdivision or record of survey
map, or by metes and bounds for the purpose of sale, lease or separate
use.
The area of a lot expressed in square feet or acres. Any
portion of a lot included within the right-of-way lines of a street
(improved or unimproved), street easement or street dedication shall
not be included in calculating the lot area. Any portion of a lot
included within easement lines, right-of-way lines or dedicated for
utilities, access or public use other than streets, as above, shall
be included in calculating the lot area.
[Amended 3-24-2004 by Ord. No. 1466]
Any security which may be accepted by the Borough for the
maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5 and cash.
[Amended 9-28-1997 by Ord. No. 1291]
Any site plan not classified as a minor site plan.
[Added 12-16-2009 by Ord. No. 1614]
Any subdivision not classified as a minor subdivision.
A composite of the mapped and written proposals recommending
the physical development of the Borough, which shall have been duly
adopted by the Planning Board.
A development plan of a lot where only changes to the parking
area are proposed including striping, dumpster location, fencing,
location of handicapped parking, curbing, etc. Also changes to use
which intensifies the parking requirement. Classification as a minor
site plan is at the discretion of the Zoning Official.
[Added 12-16-2009 by Ord. No. 1614]
A building containing three or more dwelling units, occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
[Added 3-28-1994 by Ord. No. 1227; amended 11-14-1994 by Ord. No.
1238]
Located outside the lot lines of the lot in question but
within the property of which the lot is a part, which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings to develop
the same under this or any other ordinance.
An off-street space available for the parking of a motor
vehicle, provided that such space shall have a minimum width of 10
feet and a minimum depth of 20 feet, exclusive of maneuvering areas,
passageways, driveways and loading spaces appurtenant thereto.
Any applicant for development, the owners of the subject
property and all owners of property and government agencies entitled
to notice under this chapter.
Any security which may be accepted by the Borough, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5 and cash.
[Amended 9-28-1997 by Ord. No. 1291]
The Planning Board of the Borough of Glen Rock.
The map or maps of a subdivision or site plan.
Rights conferred pursuant to this chapter prior to final
approval after specific elements of a development plan have been agreed
upon by the Planning Board and the applicant.
The preliminary map indicating the proposed layout of the subdivision, which is submitted to the secretary of the Planning Board for its consideration and tentative approval and meeting the requirements of § 192-10C of this chapter.
Space allocated for collection and storage of source-separated
recyclable materials.
[Added 3-28-1994 by Ord. No. 1227; amended 11-14-1994 by Ord. No.
1238]
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices.
Any other information required by this chapter
that may be reasonably required in order to make an informed determination
pursuant to this chapter.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway; or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action; or a street or way
on a plat duly filed and recorded in the office of the county recording
officer prior to the appointment of a planning board and the grant
to such board of the power to review plats; and includes the land
between the street lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, sidewalks, parking areas and
other areas within the street lines. For the purpose of this chapter,
streets shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSThose which are parallel with and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or herself or for another.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
Divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairperson to be
for agricultural purposes, where all resulting parcels are five acres
or larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order.
Conveyances so as to combine existing lots by
deeds or other instrument.
The term "subdivision" shall also include the
term "resubdivision."
[1]
Editor's Note: Said N.J.S.A. 58:1-1 et seq.
was repealed by the Laws of 1945, Chapter 22, the Laws of 1979, Chapter
359, and the Laws of 1981, Chapter 262. See now N.J.S.A. 58:1A-1 et
seq. For the specific disposition of the subject matter of these sections,
see the Table included in N.J.S.A. 58:1-1.
A.
Minimum requirements. The rules, regulations and standards
contained in this chapter shall be considered the minimum requirements
for the protection of the public health, safety and welfare of the
citizens of the Borough. Any action taken by the Planning Board or
the Board of Adjustment under the terms of this chapter shall give
primary consideration to the above-mentioned matters and to the welfare
of the entire community.
B.
Variances permissible. If the subdivider or site plan
applicant or his or her agent can clearly demonstrate that because
of peculiar conditions pertaining to this land the literal enforcement
of one or more of these regulations is impracticable or will exact
undue hardship, the Planning Board may permit such variance or variances
as may be reasonable and within the general purpose and intent of
the rules, regulations and standards established by this chapter.
No person shall sell or agree to sell any land
which forms part of a subdivision as defined in this chapter until
final approval of such subdivision has been obtained pursuant to this
chapter.
A.
Permit for new building. No building permit shall
be issued for a new building unless a site plan shall have first been
approved by the Planning Board or the Board of Adjustment in accordance
with the terms of this chapter.
B.
Permit for addition to existing building. No building
permit shall be issued for an addition to an existing building unless
a site plan shall have first been approved by the Planning Board or
the Board of Adjustment in accordance with the terms of this chapter.
C.
Certificate of occupancy. No certificate of occupancy shall be issued for any new building for any addition to an existing building or for any change in use, ownership or occupancy of a building if under Chapter 230, Zoning, a greater number of parking spaces would be required for such new use or occupancy, unless the building and its appurtenances conform in all respects to an approved site plan or an approved amendment to an approved site plan.
D.
Exception. Notwithstanding the provisions of Subsections A, B and C of this section, no site plan approval shall be required prior to the issuance of a building permit for any new building or addition to an existing building or, prior to the issuance of a certificate of occupancy for any building or addition, if such building or addition is used or shall be used solely as a single-family or two-family dwelling or as an accessory thereto.
E.
Waiver of site plan.
[Added 3-14-2018 by Ord. No. 1780]
(1)
The Planning Board may waive site plan approval requirements if i) the construction or alteration or change of use does not affect existing traffic circulation, drainage, relationship of buildings to each other or to the parking area, landscaping, buffering, lighting, parking requirements and other considerations of site plan review or if any such changes are deemed to be de minimis and ii) there is an accurate, approved site plan or existing conditions plan or as-built drawings on file. In order to request such a waiver, the applicant must submit an application for development and pay the application fee of $100 and appropriate escrows. The applicant shall include with such application such plans and other documentation as the Planning Board may require to make its determination. Any waiver that is granted may be on the condition that the applicant provide additional information or as-built drawings and comply with any requirements of the Planning Board Engineer. Notwithstanding that a waiver may be granted, the provisions of Subsection 4-41 of the Zoning Ordinance shall remain applicable.[1] No public notice shall be required for the waiver application.
[1]
Editor's Note: So in original.
(2)
The site plan approval requirements may also be waived by the Zoning Officer, if the Zoning Officer determines that i) the change in use is a change from one permitted use to another permitted use, ii) there is no increase in the parking requirements pursuant to the Glen Rock Zoning Ordinance, Chapter 230, or the existing site has enough parking spaces to meet the parking requirements of the Zoning Ordinance, and iii) there is an accurate, approved site plan, existing conditions plan, or as-built drawings on file.
[Amended 9-28-1997 by Ord. No. 1291; 5-25-2005 by Ord. No. 1502; 12-16-2009 by Ord. No. 1614]
For a minor subdivision, the procedure shall
be as follows:
A.
Application data to identify owners and property.
An application shall be submitted to the proper administrative officer,
in writing, in duplicate, on forms supplied by the Planning Board,
furnishing pertinent data such as names and addresses of the owner,
agent and engineer and identification of the property involved.
B.
Specifications. The application shall be accompanied
by 15 copies of a plan of the proposed subdivision accurately drawn
to a scale of not less than one inch equals 100 feet, certified by
a licensed land surveyor. All designs shall be done by a licensed
professional engineer. The plan shall be of a size acceptable to the
County Clerk for filing and shall indicate:
(1)
The location of the lots to be created in relation
to the entire tract.
(2)
All existing structures and wooded areas within the
subdivision and within 200 feet thereof.
(3)
The name of the owner and of all adjoining property
owners as disclosed by the most recent Borough tax records.
(4)
The tax map sheet, zone district, block and lot numbers.
(5)
All streets and streams within 500 feet of the subdivision.
Both the width of paving and the width of rights-of-way shall be shown
for streets.
(6)
The area in square feet of all lots to be created.
(7)
A key map showing the entire subdivision and its relation
to surrounding areas.
(8)
Easements, covenants, streets, buildings, watercourses,
railroads, bridges, culverts, drainpipes, rights-of-way and drainage
easements.
(9)
Any variance or variances required.
(10)
Acreage of the entire parcel to be subdivided.
(11)
The date, north arrow and scale.
(12)
If regrading of the site other than in the foundation
area of any proposed buildings or within 10 feet is to be done, a
map showing existing and proposed contours at contour intervals of
two feet may also be required to be submitted before the plat is classified.
C.
Time limit for receipt of application. The Planning
Board shall require receipt of an application 10 days prior to the
meeting at which action is to be taken on such application.
D.
Approval. Upon receipt of a completed application, the Board shall, within the time periods prescribed by this chapter, approve or conditionally approve the subdivision without the necessity of full notice and hearing, classify the subdivision as a major subdivision or disapprove the subdivision. The Board may, in addition to any other conditions which the Board may deem necessary in order to carry out the purposes of this chapter, require as a condition for minor subdivision approval that the applicant shall install such improvements required by § 192-12 of this chapter as the Board, in accordance with the law, shall deem necessary. Such improvements shall be in accordance with the standards set forth in § 192-13, and performance guaranties may be required in accordance with § 192-15.
E.
Distribution of copies of minor subdivision plat.
Before the administrative officer returns any approval of the minor
subdivision plat to the subdivider, sufficient copies shall be sent
to:
A.
Site plan and major subdivision procedure. For preliminary
approval of a major subdivision or site plan, the procedure shall
be as follows:
(1)
An application shall be submitted to the proper administrative
officer, in writing and in duplicate, on forms supplied by the Planning
Board, furnishing pertinent data such as names and addresses of the
owner, agent and engineer and identification of the property involved.
(2)
The application shall be accompanied by 10 copies of a preliminary plat of the proposed subdivision of the site plan, accurate and to scale as to boundaries, existing features and proposed features. The accuracy of the boundaries and existing features shall be certified by a licensed land surveyor. All design shall be done by a licensed professional engineer. The details of the plat shall be in conformity with Subsection B of this section.
(3)
Simultaneously with filing the application, copies
of the preliminary plat shall be forwarded by the applicant to the
following persons:
(a)
The Borough Engineer.
(b)
The Board of Health.
(c)
The Chief of Police.
(d)
The Division of Public Works.
(e)
The Fire Prevention Bureau.
(f)
The Shade Tree Advisory Committee.
(g)
The Construction Code Official.
(h)
The Borough Zoning Officer.
[Added 5-25-2005 by Ord. No. 1502]
(i)
Glen Rock Environmental Commission.
[Added 3-9-2011 by Ord. No. 1638]
(4)
The applicant shall produce proof by affidavit of
the date such copies were sent. The persons and Board may make recommendations,
in writing, to the Board within 30 days after service of the preliminary
plat upon them. The Board shall take the recommendations into account,
but shall have the authority to proceed in the absence of such recommendations
or to disregard or modify such recommendations. Copies of all recommendations
shall be sent to the applicant by the recommending professionals and
the Boards.
(5)
Upon receipt of a completed application, the Planning
Board shall schedule a public hearing. The applicant shall thereupon
give notice of such hearing in accordance with the requirements of
any ordinance of the law.
B.
Site plan and major subdivision plat details.
(1)
Preliminary plat requirements. The preliminary plat
of a site plan or subdivision shall contain the following:
(a)
Date. All revisions to be noted and dated.
(b)
Key map. A key map showing the location of the
tract with reference to surrounding properties and existing street
intersections.
(c)
Title of development. The title of the development,
north arrow, scale, block and lot number, the name and address of
the record owner, the name and address, license number and seal of
the person preparing the plat. If the owner of the premises is a corporation,
the name and address of the president and secretary shall be submitted
with the application.
(d)
Scale map. A scale of not less than one inch
equals 100 feet. All distances shall be in feet and decimals of a
foot, and all bearings shall be given to the nearest second.
(e)
Property owners. The names, as shown on the
current tax records of all owners of the property within 200 feet
of the subdivision, together with the block and lot numbers of the
property.
(f)
Zoning district. The zoning district in which
the parcel is located, together with zone boundaries included within
the boundaries of the parcel or within 200 feet therefrom.
(g)
Survey data. Survey data showing boundaries
of the property, building or setback lines and lines of existing and
proposed streets, lots, reservations, easements and areas dedicated
to public use, including grants, restrictions and rights-of-way.
(h)
Covenants; deed restrictions. Reference to any
existing or proposed covenants, deed restrictions or exceptions covering
all or any part of the parcel. A copy of such covenants, deed restrictions
or exceptions shall be submitted with the application.
(i)
Distances to public intersections. The distances,
measured along the right-of-way lines of existing streets abutting
the property, to the nearest intersections with other public streets.
(j)
Existing structures. The location of existing
buildings and all other structures, including walls, fences, culverts
and bridges, with spot elevations of such buildings and structures.
Structures which are to remain or which are to be removed shall be
clearly indicated.
(k)
Storm drainage structures; utility lines. The
location of all existing and proposed storm drainage structures and
utility lines, whether publicly or privately owned, with pipe sizes,
grades and direction of flow, locations of inlets, manholes or other
appurtenances and appropriate invert and other elevations. If any
existing utility lines are underground, the estimated location of
such utility line shall be shown.
(l)
Contours. Existing and proposed contours, referred
to United States Coast and Geodetic datum, with a contour interval
of one foot for slopes of less than 10% and an interval of two feet
for slopes of more than 10%. Existing contours shall be indicated
by dashed lines and proposed contours shall be indicated by solid
lines.
(m)
Existing features. The location of existing
rock outcrops, high points, watercourses, depressions, ponds, marshes,
wooded areas and other significant existing features, including previous
flood elevations of watercourses, ponds and marsh areas, as determined
by survey.
(n)
Proposed streets. All proposed streets, with
profiles, indicating grading and cross-sections showing the width
of the roadway, the location and width of curbs, if any, and the location
and size of utility lines conforming to the standards and specifications
of the Borough.
(o)
Existing water- and sewer lines. The location
of all existing and proposed waterlines, valves and hydrants and all
sewer lines or alternative means of water supply or sewage disposal
and treatment.
(p)
Existing and proposed stormwater drainage system.
All site plans and major subdivisions shall be accompanied by a plan
sketch showing all existing drainage within 500 feet of any boundary
and all areas such as paved areas, grassed areas, wooded areas and
any other surface area contributing to the calculations and showing
methods used in the drainage calculations.
(q)
Acreage. Acreage, to the nearest tenth of an
acre, of tract to be subdivided and the area, in square feet, of all
lots.
(r)
Monuments. Positions of existing and proposed
monuments.
(s)
Open spaces. Open spaces, if any, to be dedicated
for public parks or playgrounds or other public use and the location
and use of all property reserved for the common use of all property
owners.
(t)
Soil percolation tests. Soil percolation tests
or soil log tests, or both, as required by the Board of Health.
(u)
Other information. Such other information or
data as may be required by the Planning Board or the County Planning
Board for determination that the details of the subdivision are in
accordance with the standards of this chapter and all other ordinances
of the Borough and all other applicable laws, ordinances or resolutions.
(2)
Additional requirements. In addition to the requirements of Subsection B(1) of this section, the preliminary plat of a site plan shall contain the following:
(a)
Use of land; buildings. The proposed use or
uses of land and buildings, together with the floor space of all buildings
and the estimated number of employees. If the precise use of the building
is unknown at the time of application, an amended plan showing the
proposed use shall be required prior to issuance of a certificate
of occupancy.
(b)
Vehicular access. The means of vehicular access
for ingress and egress from the site, showing in particular the size
and location of driveways and curb cuts; walkways; the proposed traffic
channels, if any; additional width, if any; and any other means of
controlling vehicular and pedestrian traffic.
(c)
Off-street parking. The location and design
of any off-street parking areas or loading areas showing the size
and location of bays, aisles and barriers.
(d)
Illumination. The location, direction of illumination,
power and hours of operation of existing and proposed outdoor lighting.
(e)
Signs. The location and elevation plan of existing
and proposed signs.
(f)
Buffer area. The location and dimensions of
the proposed buffer area.
(g)
Landscaping. The proposed screening, landscaping
and planting plan.
C.
Effect of preliminary approval. Preliminary approval of a major subdivision or of a site plan shall, except as provided in Subsection C(4) of this subsection, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
Use requirements; design standards. The general terms
and conditions on which preliminary approval was granted shall 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; and, in the case of a site
plan, any requirements for preservation of existing natural resources,
for safe and efficient vehicular and pedestrian circulation, parking
and loading, for screening, landscaping and location of structures
and for exterior lighting; except that nothing herein shall be construed
to prevent the Borough from modifying by ordinance such general terms
and conditions of preliminary approval as relate to public health
and safety.
(2)
Submission for final approval. The applicant may submit
for final approval on or before the expiration date of preliminary
approval the whole or a section or sections of the preliminary subdivision
plat.
(3)
Extensions on preliminary approval. 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.
(4)
Areas of 50 acres or more excepted.
(a)
In the case of a subdivision or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection C(1), (2) and (3) of this section for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration:
(b)
The applicant may apply for thereafter and the
Planning Board may thereafter grant an extension to preliminary approval
for such additional period of time as shall be determined by the Planning
Board to be reasonable, taking into consideration:
[1]
The number of dwelling units and nonresidential
floor area permissible under preliminary approval.
[2]
The potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval.
[3]
Economic conditions.
[4]
The comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
may govern.
A.
Site plan and major subdivision procedure. For final
approval of a major subdivision or site plan, the procedure shall
be as follows:
[Amended 10-29-1984 by Ord. No. 1029]
(2)
Copies of plat. The original cloth tracing and five
white prints, blue or black on white, of the plat of a subdivision
shall accompany the application. No final plat shall be required for
a site plan.
(3)
No substantial difference from preliminary plat. The
plat of a subdivision shall not differ substantially from the preliminary
plat as approved.
(4)
Scale drawing of final plat. The final plat of a subdivision
shall be drawn in ink on tracing cloth at a scale of not less than
one inch equals 100 feet and in compliance with all the provisions
of the Map Filing Law, N.J.S.A. 46:23-1 et seq.,[2] and with the plat details contained in Subsection B of this section.
[2]
Editor's Note: N.J.S.A. 46:23-1 through 46:23-9.6
were repealed by L. 1953, c. 358. See now N.J.S.A. 46:23-9.7 et seq.
(5)
Record of submission date. The administrative officer
shall make a record of the date of submission of the final plat and
application to him or her and shall forthwith transmit the final plat
and application to the Planning Board.
(6)
Conditions for final approval. Prior to final approval,
the Board, upon the advice of the Borough Engineer, shall determine:
(a)
The nature of the improvements to be required
as a condition of final approval.
(b)
The estimated value of the improvements installed
or to be installed in accordance with this chapter.
(c)
The nature and amount of performance guaranties,
if any, to be required as a condition to final approval.
(d)
The amounts to be deposited to reimburse the
Planning Board and Borough for costs incurred or to be incurred for
legal, engineering and other consultant reports, for recording fees
and for any other costs anticipated by the Board.
(e)
Any other conditions upon which final approval
shall be granted.
(7)
Additional requirements for approval. Prior to final
approval, the applicant shall submit to the Board:
(a)
A developer's agreement, prepared by the Board
attorney, setting forth the obligations of the applicant in connection
with the final approval.
(b)
A performance guaranty, in a form satisfactory
to the Board and Borough, complying with this chapter and guaranteeing
performance of the developer's agreement.
(c)
Maintenance guaranties, if any, for work completed
prior to final approval.
(d)
Deeds for any easements, rights-of-way or public
lands in a form satisfactory to the Board attorney.
(e)
Funds to be deposited to reimburse the Board
for costs incurred or to be incurred for legal, engineering and other
consultant reports, for recording fees and for any other costs anticipated
by the Board.
(f)
Evidence of compliance with any other conditions
imposed by the Board.
(g)
Single-family attached dwellings. Prior to approval
of any site plan for the erection of a townhouse within the A-2T Residence
District, the Planning Board shall find the following facts and conclusion:
[1]
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the standards of Chapter 230, Zoning, pursuant to N.J.S.A. 40:55D-65.
[2]
That the proposals for maintenance and conservation
of the common open space are reliable and the amount, location and
purpose of the common open space are adequate.
[3]
That provision through the physical design of
the proposed development for public services control over vehicular
and pedestrian traffic and the amenities of light and air, recreation
and visual enjoyment are adequate.
[4]
That the proposed development will not have
an unreasonably adverse impact upon the area in which it is proposed
to be established.
[5]
In the case of a proposed development which
contemplates construction over a period of years, that the terms and
conditions intended to protect the interests of the public and of
the residents, occupants and owners of the proposed development in
the total completion of the development are adequate.
(8)
Time limit. Within 45 days after submission of a complete
application to the proper administrative officer or within such further
time as may be agreed to by the applicant, but in no event less than
the thirty-day reporting period within which the County Planning Board
may act, the Planning Board shall approve, conditionally approve or
disapprove the final plat and report such action, whether it be approval,
conditional approval or disapproval, to the Borough Council. In case
of approval, the final plan shall be so certified. The applicant shall
be notified of the Board's action and the reasons therefor.
(9)
Copies of approved final plat. Upon final approval
by the Planning Board and after all required signatures are placed
on the original tracing, the administrative officer shall request
the applicant's engineer to have one cloth print and one Mylar reproducible
and 10 copies made of such final plat and a file copy thereof with
each of the following:
(a)
The Secretary of the Board.
(b)
The Engineer of the Board.
(c)
The Construction Code Official.
(d)
The Tax Assessor.
(e)
The Borough Clerk.
(f)
The Board of Health.
(g)
The Superintendent of Public Works.
(h)
The Shade Tree Advisory Committee.
(i)
The Borough Zoning Officer.
[Added 5-25-2005 by Ord. No. 1502]
(j)
Glen Rock Environmental Commission.
[Added 3-9-2011 by Ord. No. 1638]
B.
Site plan and major subdivision plat details. The
final plat of a subdivision shall contain the following:
(1)
The date, name and location of the subdivision, the
name of the owner, the graphic scale and the reference meridian.
(2)
The tract boundary lines, rights-of-way, lines of
streets, street names, easements and other rights-of-way, land to
be reserved or dedicated to public sale, all lot lines and other site
lines, with accurate dimensions, bearings or deflection angles and
radii, arcs and central angles of all curves and area of each lot.
(3)
The names, exact locations and widths of all existing
and recorded streets intersecting or paralleling the plot boundaries
within a distance of 200 feet.
(4)
The purpose of any easement or land reserved or dedicated
to public use shall be designated, and the proper use of the site
other than residential shall be noted.
(5)
The lot, block and street numbers as approved by the
Borough Engineer, including lot and block numbers of abutting property.
(6)
The minimum building setback line on all lots and
other sites.
(7)
The location and description of all monuments.
(8)
The names and owners of adjoining unsubdivided land.
(9)
Certification by a surveyor as to the accuracy of
the details of the plot.
(10)
Certification that the applicant is the agent
or owner of the land or that the owner has given consent under an
option agreement.
(11)
When approval of a plat is required by any other
officer or body of a municipality, county or state, such approval
shall be certified on the plat or evidence shall be submitted that
an application has been made for such approval.
(12)
Proposed final grades of all streets shall be
shown to a scale of one inch equals five feet vertical and one inch
equals 50 feet horizontal, on sheets 24 inches by 36 inches. Drawings
shall include both plans and profiles and shall show elevations of
all monuments referred to the United States Coast and Geodetic Survey
level bench marks, and such elevations shall be shown in feet and
hundreds of feet.
(13)
The plans and profiles of storm and sanitary
sewers and water mains.
(14)
A certificate from the Tax Collector that all
taxes are paid to date.
(15)
Written proof that the land set aside or shown
for easement, public use or streets is free and clear of all liens
and encumbrances.
C.
Site plan and major subdivision; as-built plans.
(1)
After installation of the improvements required by
this chapter, the subdivider or applicant for site plan approval shall
cause to be prepared, signed and sealed by a licensed professional
engineer or land surveyor the following:
(a)
Contours; location. Plans showing:
[1]
The contours at two-foot intervals for lands
having slopes averaging 10% or greater and at one-foot intervals for
lands of lesser average slopes of the land as finally graded; and
[2]
The location, as built, of all improvements
required by this chapter, including, without intending to limit the
generality hereof, the location of water mains, gas mains and underground
supply lines for light, power and telephone service and all of their
appurtenances.
(b)
Profiles. Profiles, as built, of streets, storm
sewers and sanitary sewers and their respective appurtenances.
(c)
Cross sections. Cross sections, as built, of
streets.
(2)
The plans, profiles and cross sections required by
this subsection shall be hereinafter referred to as "as-built plans."
A.
Required improvements.
(1)
On-site and off-site improvements. The subdivider
or site plan applicant shall provide for the ultimate installation
of the following on-site and off-site improvements.
(a)
Pavement of streets. The pavement of streets
or portions thereof in accordance with the standards approved by the
Municipal Engineer.
[Amended 9-28-1997 by Ord. No. 1291]
(b)
Signs. Approved street signs.
(c)
Curbs. Curbs and gutters.
(d)
Topsoil. No topsoil shall be removed from the
site or used as soil except in accordance with the provisions of the
soil ordinance[1] of the Borough. All replaced or redistributed topsoil
shall be stabilized by seeding, planting or such other method as may
be specified in the soil-moving permit to ensure that it will remain
in place and free from erosion.
(e)
Monuments. Monuments shall be of the size and
shape required by N.J.S.A. 46:23-9.11 and shall be placed in accordance
with such statute.
(f)
Utilities. Utilities, including sewage disposal
systems, storm drains and culverts, water and gas mains and electrical
supply lines for light, power and telephone service, hydrants and
connections thereof with approved existing and proposed systems.
(g)
Shade trees. Shade trees shall be located on
the street line so as not to interfere with the utilities or sidewalks
and shall be of the type approved by the Shade Tree Commission.
(h)
Suction point for fire apparatus. Where public
water supply is not available and where a natural pond or stream in
or adjacent to the subdivision will permit, an approved suction point
for fire apparatus may be required.
(i)
Underground utility lines. For all major subdivisions,
the subdivider shall arrange with any serving utility for the underground
installation of all utility distribution supply lines and service
connections, in accordance with the provisions of the applicable standards,
terms and conditions incorporated as part of its tariffs as the same
are then on file with the State of New Jersey Board of Public Utility
Commissioners, and shall submit to the Planning Board prior to the
granting of final approval a written instrument from each serving
utility which shall evidence full compliance with the provisions of
this subsection, provided that lots in the subdivisions which abut
existing streets where overhead electric or telephone distribution
supply lines have theretofore been installed on any portion of the
streets involved may be supplied with electric and telephone service
from such overhead lines, but the service connections from the utilities
overhead lines shall be installed underground. The location of access
facilities for servicing the utility in the proposed subdivision shall
be developed in conjunction with and as part of the complete subdivision
plan.
(2)
Off-tract water, sewer, drainage and street improvements.
The subdivider or site plan applicant shall, at his or her own cost,
provide for the ultimate installation of all off-tract water, sewer,
drainage and street improvements and easements therefor required by
the Planning Board in connection with the subdivision or site plan
if such off-tract improvements:
(3)
Costs of improvements. The subdivider or site plan
applicant shall provide for payment of his or her proportionate share,
allocated in accordance with this chapter, of the cost of the ultimate
installation of all off-tract water, sewer, drainage and street improvements
and easements therefor required by the Planning Board in connection
with the subdivision or site plan if such off-tract improvements:
(4)
Landscaping; parking areas.
(a)
(b)
All such improvements shall meet the design
standards of this chapter.
B.
Improvements; inspection. All of the improvements
installed by a subdivider or site plan applicant shall be subject
to inspection and approval by the Borough Engineer, who shall be notified
by the subdivider or site plan applicant at least 24 hours prior to
the start of construction. No underground installation shall be covered
until so inspected and approved.
A.
Compliance required. The subdivider shall observe
the requirements and principles of land subdivision in the design
of each subdivision or portion thereof as hereinafter set forth in
this section.
B.
General standards. The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough. Natural features such as forested areas, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision or site plan containing such features. Where an Official Map or Master Plan, or both, has or have been adopted, the subdivision shall conform to the proposals and conditions shown hereon. The streets, drainageways, school sites, flood-control basins, public parks and playgrounds and other public areas shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats. Where no Master Plan or Official Map exists, streets and drainages shall be shown on the final plat in accordance with N.J.S.A. 40:56D-44 and shall be such as to lend themselves to the harmonious development of the Borough and to enhance the public welfare in accordance with the design standards set forth in Subsection C through G of this section.
[Amended 2-8-2006 by Ord. No. 1519]
C.
Streets.
(1)
The arrangements of streets not shown on the Master
Plan or Official Map shall be such as to provide for the appropriate
extension of existing streets.
(2)
Minor streets shall be so designed as to discourage
through traffic.
(3)
Subdivisions abutting arterial streets shall provide
a marginal service road or reserved frontage with a buffer strip for
planting or some other means of separation of through and local traffic
as the Planning Board may determine to be appropriate.
(4)
Right-of-way widths measured from the street center
line to the lot line shall not be less than specified in the Master
Plan or Official Map, but in no event shall any street width be greater
than 50 feet unless such street constitutes an extension of an existing
street of greater width or already has been shown on the Master Plan
at the greater width or already has been shown in greater width on
the Official Map.
(5)
No subdivision that shows reserved strips controlling
access to streets shall be approved except where the control and disposal
of land comprising such strips has been placed in the Council under
conditions approved by the Planning Board.
(6)
Grades on all streets shall not exceed 10%. No street
shall have a minimum grade of less than 1%.
(7)
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 70°. The block
corners at intersections shall be rounded at the curbline with a curve
having a radius of not less than 20 feet.
(8)
Street jogs with center line offsets of less than
125 feet shall be prohibited.
(9)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(10)
When connecting street lines deflect from each
other at any one point by more than 10° and not more than 45°,
they shall be connected by a curve with a radius of not less than
100 feet for minor streets and 300 feet for arterial and collector
streets.
(11)
All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
(12)
Include dead-end streets only when unavailable. A cul-de-sac shall be no longer than four times the required lot width to create lots of minimum area as specified in Chapter 230, Zoning, for the district in which it is located. On each cul-de-sac, a turnaround having an outside radius of at least 50 feet or satisfactory equivalent turning area shall be provided. The provisions of this subsection may be waived by the Planning Board if the subdivider cannot feasibly develop the tract without exceeding the length requirements of dead-end streets under this subsection. On each cul-de-sac, the developer shall incorporate landscaped islands and cul-de-sacs with flush curbs and vegetated swales and/or vegetated filter strips.
[Amended 2-8-2006 by Ord. No. 1519]
(13)
No street shall have a name which will duplicate
or be likely to be confused with the names of existing streets. The
continuation of an existing street shall have the same name.
(14)
Provisions of half streets, except to complete
existing half streets, shall be prohibited.
(15)
Access by streets shall be provided for all
lots in the subdivision and adjacent streets to the limits of the
subdivision.
(16)
All streets shall be designed so as to limit
on-street parking to allow for narrower paved widths, where appropriate.
[Added 2-8-2006 by Ord. No. 1519]
D.
Blocks.
(1)
Block length and width or acreage within bounding roads shall be such as to accommodate the size of the lot required in the area by Chapter 230, Zoning, and to provide for the convenient access, circulation control and safety of street traffic.
(2)
In blocks over 1,000 feet long, pedestrian walkways
may be required in locations deemed necessary by the Planning Board.
Each walkway shall be 10 feet wide and be straight from street to
street.
(3)
For commercial, group housing or industrial use, block
size shall be sufficient to meet all area and yard requirements for
such use.
E.
Lots.
(2)
Insofar as is practical, side lot lines shall be at
right angles to straight streets and radial to curved streets.
(3)
Each lot shall front upon an approved street at least
50 feet in width.
(4)
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra width line, and
all setbacks shall be measured from such line.
(5)
Where there is a question as to the suitability of
a lot or lots for their intended use due to factors such as rock formation,
flood conditions, inadequate sod-bearing capacity, high water table
or relative impermeability of soil which may result in unsatisfactory
sewage disposal or similar circumstances, the Planning Board may,
after adequate investigation, withhold approval of such lots.
F.
Public use and service areas.
(1)
Easements along property lines or elsewhere for utility
installation may be required. Such easements shall be at least 10
feet wide and shall be located in consultation with the companies
or Borough departments concerned.
(2)
Where a subdivision is traversed by a watercourse,
drainageway channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse and such further width or construction,
or both, as will be adequate for the purpose.
(3)
Natural features such as trees, brooks, hilltops and
views shall be preserved whenever possible in designing any subdivision
containing such features.
G.
Utilities; design standards, inspections and approvals.
(1)
All storm drains and culverts and all sewage disposal
systems and installations, both individual and public, shall meet
the standards prescribed by and be approved by the Borough and engineering
authorities having jurisdiction thereof.
(2)
All utilities and installations connected with systems
maintained and controlled by privately owned public utilities shall
meet the standards for underground installation prescribed by and
be approved by the public utilities and by the Borough Engineer.
A.
Planning Board to be guided by applicable standards. In reviewing site plans, the Planning Board and all advisory boards and professional advisers shall be guided by the standards set forth in this section and in § 192-13 when applicable.
B.
Driveways and accessways. There shall be adequate
provisions for ingress and egress to all parking spaces. Access drives
or driveways shall be no less than 12 feet wide for ingress or egress
and 25 feet wide for both ingress and egress. No driveway or access
drive shall be closer than 25 feet to the street lot lines of any
two intersecting streets. Pervious paving materials shall be permitted
to be used in order to permit stormwater runoff and to promote groundwater
recharge.
[Amended 2-8-2006 by Ord. No. 1519]
C.
Buffer strips. The site plan shall indicate buffer
strips and planting strips as required by this chapter. In the event
that the Planning Board shall determine that additional buffer strips
or planting strips are required to protect public areas or neighboring
properties from adverse effects of the proposed building or addition,
the Board may require such additional buffer or planting strips. Buffer
areas may be used for stormwater management by disconnecting impervious
services and treating runoff from these impervious surfaces. The Shade
Tree Advisory Committee may recommend landscaping and foundation planting
which shall ensure the attractiveness of premises subject to this
chapter and the protection of soil thereon. The recommendations shall
require, however, that, where applicable, natural vegetation shall
be incorporated within all buffer and planting strips.
[Amended 2-8-2006 by Ord. No. 1519]
D.
Circulation.
(1)
Provisions shall be made for the safe and adequate
circulation of pedestrians and vehicles within the property. Parking
areas and all aisles and driveways shall be in accordance with the
requirements of the Transportation and Traffic Engineering Hand Book
published by the Institute of Traffic Engineers, 1976 Edition.
|
Parking Angle
(degrees)
|
Aisle or Driveway Width
(feet)
| |
|---|---|---|
|
Parallel parking
|
12
| |
|
30
|
12
| |
|
45
|
13
| |
|
60
|
18
| |
|
90
|
25
|
(2)
Only one-way traffic shall be permitted in aisles
or driveways providing direct access to parking spaces placed at an
angle other than 90°.
E.
Drainage. Provision shall be made for the safe and
adequate drainage of the surface runoff waters in and from the premises
so that flooding and erosion of the property and the property of others
shall be prevented, preferably through the use of natural vegetated
swales to convey surface runoff in lieu of inlets and pipes. Unless
otherwise provided by the Planning Board, drainage facilities located
within the jurisdiction of the New Jersey Department of Environmental
Protection (NJDEP) shall be in accordance with the rules and regulations
of the NJDEP Land Use Regulation Program's rules and regulations.
In addition, drainage facilities shall be designed in accordance with
the Borough’s Stormwater Management Ordinance, as amended.[1]
[Amended 2-8-2006 by Ord. No. 1519]
F.
Fencing and screening. Provision shall be made for
the protective and covering fencing and screening of such portions
of the property as the Planning Board, upon recommendation of the
Shade Tree Advisory Commission, may deem necessary for the safety
and welfare of those persons most likely to be exposed to the property.
G.
Garbage and refuse. Provision shall be made for the
indoor or enclosed storage of garbage and refuse.
H.
Illumination. The lighting of the building, the property
and all signs on the property shall be such as not to produce any
glare at the exterior lot lines of the premises. The traffic circulation
patterns shall be such as to eliminate at the exterior lot lines glare
from the lights of automobiles on the property.
I.
Loading spaces. There shall be provided on the same lot with the building for which such are to be used loading berths in accordance with the provisions of Chapter 230, Zoning. Each loading space shall be at least 10 feet wide, 25 feet long and 14 feet high and shall as nearly as may be practicable be located in such a position as to cause the least hindrance to internal circulation of traffic and the least noise and aesthetic disturbance to the public and neighboring property owners. No loading space shall be located in a position in which any vehicle using the space will block the free passage of pedestrians or vehicles on the street.
J.
Noise, vibrations, odor and pollution. Provision shall
be made for the elimination of all offensive noise, vibration or other
pollution to the general public emanating from the use of the property.
K.
Parking.
(1)
The Planning Board shall approve the most appropriate location on the site for the proposed parking area, in view of the size and topography of the property, considerations of safety and aesthetics, the requirement of adequate buffer and the elimination of glare, dust and noise caused by traffic. There shall be provided for each building subject to this chapter the number of off-street parking spaces in accordance with the provisions of Chapter 230, Zoning.
(2)
Each off-street parking space shall have an area of
at least 200 square feet, exclusive of access drives or aisles, shall
be 10 feet wide and 20 feet in length and shall be surfaced as to
be usable for parking. The Planning Board in its discretion may reduce
the size of the parking space to a lesser square footage, width and
length if the nature of the use dictates, but in no instance shall
parking spaces be less than nine feet in width and 18 feet in length.
If off-site parking is contemplated, the Board in addition shall determine
what provisions, if any, are required for the safe and adequate circulation
of pedestrians between the parking area and the property.
(3)
All parking areas and appurtenant maneuvering areas,
passageways and driveways serving semipublic office research, commercial
and industrial uses shall be illuminated adequately during the hours
between sunset and sunrise when the use is in operation. Adequate
shielding shall be provided by all such users to protect adjacent
residential districts from the glare of such illumination and from
the glare of automobile headlights produced by automobiles entering
and leaving the area.
(4)
Off-street parking areas shall be effectively screened
on any side which adjoins or faces premises situated in any residential
district or institutional premises by a solid, uniformly painted fence
or wall not less than four feet nor more than six feet in height maintained
in good condition, provided that where the adjacent owners agree,
in writing, a screening hedge or natural landscaping may be substituted
for the required fence or wall. No part of any parking areas shall
be closer than 10 feet to any school, hospital or other institutional
building unless properly screened in accordance with Planning Board
requirements.
(5)
Parking areas may be located in any yard space, but
shall not be closer than 10 feet to any street line.
(6)
Off-street parking areas located in commercial districts
which provide parking for 20 or more vehicles shall be provided with
shade trees of a type approved by the Shade Tree Advisory Committee.
Natural vegetation shall be used for shade tree plantings. The shade
trees shall be located in a planned manner within the parking lot
area as recommended by the Borough Shade Tree Commission and approved
by the Planning Board. There shall be not less than one shade tree
for every 10 parking spaces.
[Amended 2-8-2006 by Ord. No. 1519]
(7)
The Planning Board may, upon satisfactory proof that
the occupancy of the buildings for which a community parking program
is provided does not require final grading and surfacing of the entire
area, grant permission for deferment of that portion of the final
grading and surfacing not required by the then-current occupancy and
use. No person shall permit or cause to be occupied any building by
more persons than shall be permitted by Planning Board approval of
the community parking plan. In the event that the Planning Board shall
determine, after notice to the owner of buildings participating in
the community parking plan and a hearing, that the partially paved
and graded parking area is inadequate, the owner shall forthwith complete
the final grading and surfacing of the entire required parking area.
[Amended 2-9-1987 by Ord. No. 1081]
(8)
Parking areas may be constructed with pervious paving
materials to minimize stormwater runoff and to promote groundwater
recharge.
[Added 2-8-2006 by Ord. No. 1519]
L.
Paving and curbs. Paving, when required, shall be
dustless, durable, all-weather pavement and shall be adequate in size
and location to direct surface water runoff away from neighboring
properties and toward approved drainage systems. Curb cuts or flush
curbs with curb stops shall be permitted to allow vegetated swales
to be used for stormwater conveyance and to allow the disconnection
of impervious areas. In addition, the use of pervious paving materials,
where appropriate, is permitted in order to minimize stormwater runoff
and promote groundwater recharge.
[Amended 2-8-2006 by Ord. No. 1519]
M.
Retaining walls. Retaining walls shall be designed
to be safe and adequate for the purpose intended.
N.
Sewage disposal. Provision shall be made in accordance
with applicable regulations of all boards and bodies with jurisdiction
over the collection and disposal of sewage. No site plan approval
may be granted until the Board of Health has certified that a sanitary
system has been designated to its satisfaction.
O.
Sidewalks. Sidewalks shall be provided where needed
to protect the safety of pedestrians. All sidewalks shall be designed
to discharge stormwater to neighboring lawns, when feasible, to disconnect
these to impervious surfaces or use permeable paving materials, where
appropriate.
[Amended 2-8-2006 by Ord. No. 1519]
P.
Storage. Outside storage, when permitted, shall only
be permitted in areas approved by the Board. Such areas shall, as
nearly as may be practicable, be shielded from public view and protected
by adequate fencing or screening.
Q.
Utilities. Facilities shall be provided for placing
all utilities underground, including telephone and electric power
lines.
R.
Recycling plan.
[Added 8-15-1989 by Ord. No. 1147; amended 3-28-1994 by Ord. No.
1227; 11-14-1994 by Ord. No. 1238]
(1)
Facilities shall be provided for the collection and disposal of recycling materials designated in Chapter 184, Solid Waste, Article II, Recycling, within any multifamily housing development and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of building and land.
(2)
Recycling facilities. There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with the anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in accordance with the Municipal Recycling Coordinator and shall be consistent with the District Recycling Plan adopted in pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), Chapter 184, Solid Waste, Article II, Recycling, of the Code of the Borough of Glen Rock and any applicable requirements of the Municipal Master Plan, pursuant to Section 26 of P.L. 1987, c. 102 [2]
[2]
Editor's Note: See N.J.S.A. 40:55D-28.
(3)
Minimum standards of recycling area.
(a)
The recycling area shall be conveniently located
for the residential disposition of source-separated recyclable materials,
preferably near but clearly separated from a refuse dumpster.
(b)
The recycling area shall be well lit and shall
be safely and easily accessible by recycling personnel and vehicles.
Collection vehicles shall be able to access the recycling area without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the recycling area and the bins or containers
placed therein, against theft of recyclable materials, bins or containers.
(c)
The recycling area or the bins or containers
placed therein shall be designed so as to provide protection against
adverse conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard and which are located in an outdoor recycling area
shall be equipped with a lid or otherwise covered so as to keep the
paper or cardboard dry.
(d)
Signs clearly identifying the recycling area
and the materials accepted therein shall be posted at all points of
access to the recycling area. Individual bins or containers shall
be equipped with signs indicating the materials to be placed therein.
(e)
Landscaping and/or fencing shall be provided
around any outdoor recycling area and shall be developed in an aesthetically
pleasing manner.
A.
Performance guaranty form; approval terms; reduction
of amount.
[Amended 7-12-1982 by Ord. No. 971]
(1)
No final plat or final site plan shall be approved
by the Planning Board until the subdivider or site plan applicant
shall:
(a)
Have filed with the Borough Clerk a performance guaranty in an amount estimated by the Borough Engineer to be sufficient to cover 120% of all required improvements listed in § 192-12A(1) through (4) of this chapter and assuring the installation of all such improvements on or before an agreed date.
(b)
Have deposited with the Borough Treasurer a sum determined by the Borough Engineer and the Planning Board to be equal to the subdivider's proportionate share, as determined in accordance with § 192-16 of this chapter, of the cost of all off-tract improvements required in accordance with § 192-12A(3).
(2)
The performance guaranty shall be in the Borough's
prescribed form of performance bond on which the subdivider shall
be principal and shall be secured either by a bonding or surety company
approved by the Council or by a certified bank or cashier's check.
The proceeds of such shall be returnable to the subdivider without
interest after full compliance by the subdivider with all of the requirements
of this chapter and the developer's agreement.
(3)
The performance guaranty shall be approved by the
Borough Attorney as to form, sufficiency and execution. Such performance
guaranty shall run for a period to be fixed by the Planning Board,
but in no case for a term of more than three years. However, with
the consent of the owner and of the surety, if there be one, the Council
may, by resolution, extend the term of such performance guaranty for
an additional period or periods, but the extensions shall not exceed,
in the aggregate, three years. The amount of the performance guaranty
may be reduced by the Council by resolution when portions of the required
improvements have been installed.
B.
Procedure on completion of improvement; liability
for breach of performance guaranty; performance by Borough.
(1)
Procedure upon completion of improvement.
(a)
When all of the necessary and appropriate improvements
have been completed, the obligor shall notify the Council, in writing,
by certified or registered mail, of the completion of the aforesaid
improvements and shall send a copy thereof to the Borough Engineer.
The Council shall direct and authorize the Borough Engineer to inspect
all of the aforesaid improvements. The Borough Engineer shall, within
45 days after receipt of the notice from the obligor, file a report,
in writing, with the Council, which report shall be detailed and shall
indicate either approval, partial approval or rejection. If such improvements
or any portion thereof shall not be approved or shall be rejected
by the Borough Engineer, the report shall contain a statement of reasons
for such nonapproval or rejection. Where the report indicates partial
approval of such improvements, it shall indicate the costs of the
improvements for which approval is rejected or withheld.
[Amended 9-28-1997 by Ord. No. 1291]
(b)
The Council shall accept or reject the improvements,
grant partial approval or withhold approval on the basis of such report
and shall notify the obligor, in writing, by certified or registered
mail, of the contents of such report and the action of the Council
with relation thereto not later than 45 days after receipt of the
notice from the Borough Engineer. Where partial approval is granted,
the obligor shall be released from all liability pursuant to its performance
guaranty bond, except for that portion adequately sufficient to secure
the improvements not yet approved.
[Amended 9-28-1997 by Ord. No. 1291]
(c)
Failure of the Council to send or provide such
notification to the obligor within 45 days shall be deemed to constitute
approval of the improvements, and the obligor and surety, if any,
shall be released from all liability pursuant to such performance
guaranty.
[Amended 9-28-1997 by Ord. No. 1291]
(d)
If any portion of the improvements shall be
approved or shall be rejected by the Council, the obligor shall cause
the same to be completed and, upon completion, the same procedure
of notification as outlined herein shall be followed.
(e)
Nothing herein, however, shall be construed
in limitation of the obligor's right to contest or question by legal
proceedings or otherwise any determination of the Council or the Borough
Engineer.
(f)
The obligor shall be responsible for all of
the inspection fees of the Borough Engineer incurred in making the
foregoing inspections.
(g)
Nothing herein shall affect the obligation of
any person relating to the posting of appropriate maintenance bonds
when required.
(2)
Liability for breach of guaranty; performance by Borough.
If the required improvements have not been completed or corrected
in accordance with the performance guaranty, the obligor and surety
shall be liable thereon to the Borough for the reasonable cost of
the improvements not completed or corrected, and the Borough, either
before or after receipt of the proceeds of any performance guaranty,
shall install such improvements.
C.
Discharge of principal and surety on performance guaranty
upon completion; maintenance guaranty bond.
(1)
Performance guaranty; discharge on completion. Upon
certification by the Borough Engineer that the improvements have been
installed and completed in accordance with the performance guaranty
and upon tender by the owner or a proper maintenance guaranty bond,
the Borough Council shall, by resolution, accept such improvements
and discharge the principal and surety from all liability arising
out of the performance guaranty.
(2)
Maintenance guaranty bond. The maintenance guaranty
bond shall be:
(a)
Subject to the approval of the Borough Attorney
as to form, sufficiency and execution.
(b)
In such amount as the Borough Engineer shall
prescribe, but not to exceed 15% of the cost of the improvements or
of the original installation.
(c)
Conditioned upon the maintenance of all of the
improvements in good condition and repair for a period of two years
next following the date of adoption of the aforesaid resolution of
acceptance.
A.
Procedure for determination and allocation of costs.
If the Planning Board shall determine that off-tract improvements
are required in connection with any subdivision or site plan, then
prior to granting final approval:
(1)
The Planning Board shall report to the Borough Council:
(2)
The Borough Council shall determine and report to
the Planning Board whether the off-tract improvements shall be constructed
by:
(a)
The Borough as a general improvement, as a local
improvement or as a combination thereof; or
(b)
The subdivider or site plan applicant with a
formula specified by the Borough Council providing for partial reimbursement
if the improvement specially benefits property other than that within
the subdivision or site plan.
(3)
The Planning Board shall require as a condition for
approval of the final plan or site plan that:
(a)
If the improvement is to be constructed by the Borough as a local improvement, the subdivider or site plan applicant shall deposit with the Borough Treasurer, in addition to the amount specified in Subsection A(1), the estimated amount by which the subdivision or site plan will be specially benefitted by the improvement; or
B.
Standards for allocating cost.
(1)
General factors in determination of costs. In determining
the allocation of costs for off-tract improvements as between the
subdivider or site plan applicant, other property owners and the Borough,
the Planning Board shall be guided by the following factors:
(a)
The total estimated costs of the off-tract improvements.
(b)
The increase in market values of the properties
affected and any other benefits conferred.
(c)
The needs created by the application.
(d)
Population and land use projection for the land
within the general areas of the subdivision or site plan and other
areas to be served by the off-tract improvements.
(e)
The estimated time for construction of the off-tract
improvements.
(f)
The condition and periods of usefulness of the
improvements which may be based upon the criteria of N.J.S.A. 40A:2-22.
(2)
Specific factors in determination of costs. Without
limiting the generality of the forgoing, the Planning Board may take
into account the following specific factors:
(a)
Streets. With respect to street, curb, gutter,
sidewalk, shade tree, streetlight, street sign and traffic light improvements,
the Board may consider:
(b)
Drainage. With respect to drainage facilities,
the Board may consider:
[1]
The relationship between the area of the subdivision
or site plan and the area of the total drainage basin of which the
subdivision or site plan is a part.
[2]
The proposed use of land within the subdivision
or site plan and the amount of land area to be covered by impervious
surfaces on the land within the subdivision or site plan.
[3]
The use, condition or status of the remaining
land area in the drainage basin.
(c)
Water; gas; electric supply. With respect to
water, gas and electric supply and distribution facilities, the Board
may consider the use requirements of the use proposed by the subdivision
or site plan and the use requirements of all other properties to be
benefitted by the improvements.
(d)
Sewerage facilities. With respect to sewerage
facilities, the Board may consider:
[1]
The anticipated volume of effluent from the
use proposed for the subdivision or site plan and the anticipated
volume of effluent from all other properties to be benefitted by the
improvements.
[2]
The types of effluent anticipated and particular
problems requiring special equipment or added costs.
C.
Deposits. Any money received by the Borough Treasurer
for off-tract improvements to be constructed or installed by the Borough
pursuant to the provisions of this chapter shall be deposited in a
suitable depository therefor and shall be used only for the improvements
for which they are deposited or improvements satisfying the same purpose.
If construction of improvements for which the Borough is responsible
has not commenced within five years from the date of deposit, the
amount deposited with any income thereon shall be returned to the
subdivider or site plan applicant or his or her successor in interest.
D.
Actual costs.
(1)
Borough Treasurer to determine costs. Upon completion
of any improvement constructed by the Borough as a general or local
improvement, the total cost of such improvement shall be determined
by the Borough Treasurer. The difference between actual cost as so
determined and the estimated cost shall be computed.
(2)
Remittance by or refund to subdivider or site plan
applicant. The subdivider or site plan applicant or his or her successor
in interest shall make remittance to the Borough if the actual cost
exceeds the estimated cost or shall receive a refund from the funds
deposited with the Borough if the estimated cost exceeds the actual
cost in an amount which bears the same relationship to the difference
between the actual and estimated costs as the amount deposited by
the subdivider or site plan applicant for his or her proportionate
share of the estimated cost bears to the total estimated cost.
(3)
Collection of costs. Any sum payable by the subdivider
or site plan applicant or his or her successor in interest may be
levied and collected by the Borough in the same manner as is provided
by law for the levy and collection of real estate taxes.
E.
Successor in interest. In the absence of an express
provision in a deed or deeds of conveyance, it shall be presumed:
(2)
That each such fee owner shall be charged with or
entitled to receive a pro rata share, based on lot area, of any funds
to be returned or additional charge to be made pursuant to this subsection.
Upon payment of any such sums to the fee owners, the Borough shall
be released of liability to any other person.
A.
Transfer or sale before final subdivision approval.
If before final subdivision approval has been granted any person transfers
or sells or agrees to transfer or sell, except pursuant to an agreement
expressly conditioned on final subdivision approval as owner or agent,
any land which forms a part of a subdivision for which Borough approval
is required by this chapter, such persons shall be subject to a penalty
not to exceed $1,000, and each lot disposition so made may be deemed
a separate violation.
B.
Violation; penalty. Any owner, tenant or other occupant, agent, architect, builder, contractor or any other worker or any other person who shall commit, take part or assist in any violation other than a violation set forth in Subsection A or who shall knowingly maintain any building or premises in which any violation of this chapter shall exist may, upon conviction thereof, for each and every violation, be fined not exceeding $1,000, be imprisoned in the Bergen County Jail for a period not exceeding 90 days, serve a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the court. Each day that a violation is permitted to exist shall constitute a separate offense.
[Amended 9-28-1997 by Ord. No. 1291]
C.
Civil remedy; unlawful building. In case any building
or structure is erected, constructed, altered, repaired, converted
or maintained or any building, structure or land is occupied in violation
of this chapter, the Borough Council, the Construction Code Official
or an interested party, in addition to other remedies, may institute
any appropriate action or proceeding:
(1)
To prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use.
(2)
To restrain, correct or abate such violation.
(3)
To prevent the occupancy of such building, structure
or land.
(4)
To prevent any illegal act, conduct, business or use
in or about such premises.
D.
Civil remedy; unlawful sale of land.
(1)
In addition to the other remedies set forth in this chapter, the Borough Council or the Construction Code Official may, in the event of a sale, transfer or agreement which violates Subsection A of this section, institute and maintain an action:
(2)
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land from which
the subdivision was made that remains in the possession of the developer
or his or her assigns or successors to secure the return of any deposit
made or purchase price paid and also a reasonable search fee, survey
expense and title closing expense, if any. Any such action shall be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of such land or within six years,
if unrecorded.
A.
Conditions for granting of a waiver. The provisions
of this chapter shall be considered the minimum requirements for the
protection of the public health, safety and welfare of the citizens
of the Borough. Any action taken by the Planning Board under the terms
of this chapter shall give primary consideration to the above-mentioned
matters and to the welfare of the entire community. If the subdivider
or his or her agent can clearly demonstrate that because of peculiar
conditions pertaining to his or her land the literal enforcement of
one or more of these regulations is impracticable or will exact undue
hardship, the Planning Board may permit such waiver or waivers as
may be reasonable and within the general purpose and intent of the
rules, regulations and standards established by this chapter. In making
its findings, the Planning Board shall take into account the nature
of the proposed use and its effect on the existing use of other lands
in the vicinity, the number of persons to reside or work in the proposed
subdivision and the probable effect of the proposed subdivision upon
the traffic conditions in the vicinity. No waiver shall be granted
unless the Planning Board finds that the following exist:
(1)
That there are special circumstances or conditions
affecting the property such that the strict application of the provisions
of this chapter would deprive the applicant of the reasonable use
of his or her land.
(2)
That the waiver is necessary for the preservation
and enjoyment of a substantial property right of the applicant.
(3)
That the granting of the waiver is not detrimental
to the public welfare or injurious to property in the area in which
the property is situated.
B.
Procedure for a waiver.
(1)
Petition for a waiver. A petition for any waiver shall
be submitted, in writing, by the subdivider at the time of the filing
of the final plat for the consideration of the Planning Board. The
petition shall state fully the grounds for the application and all
of the facts relied upon by the petitioner.
(2)
Provisional waiver. If the relief sought by the applicant relates to a variance or exception from the terms and provisions of Chapter 230, Zoning, the Planning Board, in instances where it does not have the power to grant the necessary variance, may grant a provisional waiver as to the provisions of this chapter. If such provisional waiver is granted, the applicant shall then apply to the Board of Adjustment, upon notice as provided by statute, for such additional relief sought. If the applicant is successful in obtaining relief by way of exception or variance, he or she shall then present the evidence thereof to the Planning Board, and thereupon, the provisional waiver shall be modified in accordance with the earlier action of the Planning Board and the subsequent action of the Board of Adjustment.
All applications for subdivisions and site plan
review filed prior to the effective date of this chapter may be continued.
Immediately upon adoption of this chapter, the
Borough Clerk shall file a copy of this chapter with the County Planning
Board, as required by law.
[Added 4-14-1980 by Ord. No. 925]
A.
Minor subdivision and minor site plan review fees.
[Amended 10-26-1987 by Ord. No. 1105; 7-27-1992 by Ord. No.
1201]
(1)
At the time of filing a sketch plat for a minor subdivision, the subdivider shall deposit with the Borough Clerk a filing fee as provided in Chapter 101, Fees, by check made payable to the Borough of Glen Rock, to cover the administrative costs of the Borough. In addition thereto, the subdivider shall deposit an amount, in cash or by certified check, to be held by the Borough in escrow, the sum as provided in Chapter 101, Fees, initially, which may be charged for the actual out-of-pocket expenses of the Borough for services rendered to it, including but not limited to legal and engineering fees. If the subdivision is classified by the Planning Board as a major subdivision or if it is determined by the Planning Board that off-site improvements shall be required in connection with the subdivision, the subdivider, in addition to any fees and deposits hereinbefore required, shall further deposit the amounts under Subsection B hereof, but he or she shall receive a credit for any amount paid pursuant to this subsection.
[Amended 9-28-1997 by Ord. No. 1291]
(2)
Upon the filing of any application for a minor site plan approval, the developer shall deposit with the Borough Clerk a filing fee as provided in Chapter 101, Fees, by check made payable to the Borough of Glen Rock, to cover the administrative costs of the Borough. In addition thereto, the developer shall deposit an amount, in cash or by certified check, to be held by the Borough in escrow, the sum as provided in Chapter 101, Fees, initially, which may be charged for the actual out-of-pocket expenses of the Borough for services rendered to it, including but not limited to legal and engineering fees.
[Amended 9-28-1997 by Ord. No. 1291]
(3)
When the amounts deposited in escrow under Subsections A(1) and (2) above by the subdivider or developer for the actual out-of-pocket expenses for the Borough has been obligated or exhausted, the subdivider or developer shall, upon request, prior to the time the Borough authorizes further expenditures, deposit additional amounts as to cover further out-of-pocket expenses of the Borough for legal, engineering, publication, filing, recording, transcribing and similar items.
B.
Major subdivision review fees.
[Amended 10-26-1987 by Ord. No. 1105; 7-27-1992 by Ord. No.
1201]
(1)
At the time of filing of a sketch plat for a major subdivision, the subdivider shall deposit with the Borough Clerk a filing fee as provided in Chapter 101, Fees, by check made payable to the Borough of Glen Rock, to cover the administrative costs of the Borough. In addition thereto, the subdivider shall deposit an amount, in cash or by certified check, to be held by the Borough in escrow, the sum as provided in Chapter 101, Fees, initially, which may be charged for the actual out-of-pocket expenses of the Borough for services rendered to it, including but not limited to legal and engineering fees.
[Amended 9-28-1997 by Ord. No. 1291]
(2)
When the amount deposited in escrow under Subsection B(1) above by the subdivider for the actual out-of-pocket expenses of the Borough has been obligated or exhausted, the subdivider shall, upon request, prior to the time the Borough authorizes further expenditures, deposit additional amounts as required to cover further out-of-pocket expenses of the Borough for legal, engineering, publication, filing, recording, transcribing and similar items.
C.
Major subdivision deposit. In connection with a major subdivision, after preliminary approval by the Planning Board and before any work is undertaken by the subdivider, the subdivider shall enter into a developer's agreement with the Borough and shall deposit with the Borough Clerk of the Borough of Glen Rock an amount as provided in Chapter 101, Fees, to cover the cost of periodic inspection as the improvements are made, including engineering fees and legal fees in connection therewith. If at any time the amount on deposit shall fall below the sum as provided in Chapter 101, Fees, the subdivider shall deposit an additional amount as determined by the Borough Engineer representing 5% of the estimated cost for the completion of said improvements in accordance with the final plat of such major subdivision.
[Amended 9-28-1997 by Ord. No. 1291]
D.
Site plan review fees and inspection approval deposit.
[Amended 10-26-1987 by Ord. No. 1105; 7-27-1992 by Ord. No.
1201; 9-28-1997 by Ord. No. 1291]
(1)
Upon the filing of any application for preliminary site plan approval, the developer shall deposit with the Borough Clerk a filing fee as provided in Chapter 101, Fees, by check made payable to the Borough of Glen Rock, to cover the administrative costs of the Borough. In addition thereto, the developer shall deposit an amount, in cash or by certified check, to be held by the Borough in escrow, the sum as provided in Chapter 101, Fees, initially, which may be charged for the actual out-of-pocket expenses of the Borough for services rendered to it, including but not limited to legal and engineering fees.
(2)
Upon the preliminary approval of all site plan applications and prior to final approval thereof, the developer shall enter into a developer's agreement with the Borough and shall deposit with the Borough Clerk of the Borough of Glen Rock an amount as provided in Chapter 101, Fees, as well as inspection fees in connection with said site plan improvements as determined by the Borough Engineer to cover engineering and legal fees of the Borough. If at any time the amount on deposit shall fall below the sum as provided in Chapter 101, Fees, the applicant shall deposit an additional amount as determined by the Borough Engineer representing 5% of the estimated cost for the completion of said required improvements and inspection fees.
E.
Disposition of remaining credit; restrictions on charges
to deposits.
(1)
Upon the applicant or developer obtaining final approval
for either a subdivision or site plan, said applicant or developer
shall be entitled to apply any credit remaining in his or her escrow
deposit under any of the foregoing subsections to the developer's
escrow fund required to ensure completion of all improvements. All
balances remaining in any escrow fund required under any subsection
of this section shall be credited to the applicant's or developer's
final escrow fund as required by the developer's agreement, to be
filed with the Borough upon certification by the Engineer that all
engineering services related to the review of the application and
the construction of the improvements have been completed and all engineering
services have been properly billed to the Borough.
(2)
No deposit required by this section should be charged
with an amount unless the same shall represent a reimbursement to
the Borough for payments by it for services rendered, upon proper
vouchers, duly sworn to, as provided by law. In every case, any charge
to the deposit provided for herein shall be reviewed and approved
by the Borough 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 provisions for reimbursement to the Borough.
F.
Miscellaneous.
(1)
Nothing herein contained in this section is intended to supersede or repeal the provisions of § 192-16, Off-tract improvements, which section shall remain in full force and effect.
(2)
It is expressly intended, however, that the provisions
of the within section shall repeal all of the provisions contained
in Borough Ordinance No. 814 as heretofore enacted.
G.
Payments to professionals; deposits and procedures.
[Added 6-28-2000 by Ord. No. 1354]
(1)
Escrow deposits. In addition to the initial fees or charges as elsewhere set forth, the municipal agency shall require escrow deposits in accordance with the provision of the fee and deposit schedule set forth in § 101-4. (The amount of the initial deposit shall be calculated in accordance with N.J.S.A. 40:55D-53.2b.) Such fees or charges shall be based upon a schedule established by resolution. The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvement or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses, except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill.
(2)
Scope of reimbursed services. The municipality shall
be entitled to be reimbursed for the review of applications, both
as to completeness and as to content; for the review and preparation
of documents such as, but not limited to: drafting resolutions, developer's
agreements and necessary correspondence with the applicant or the
applicant's professionals.
(3)
Deposit of escrow funds; refunds. Deposits received
from any applicant in excess of $5,000 shall be held by the Chief
Financial Officer in a special interest-bearing deposit account, and,
upon receipt of bills from professionals and approval of said bills
as hereinafter provided for, the Chief Financial Officer may use such
funds to pay the bills submitted by such professionals or experts.
The municipality shall not be required to refund an amount of interest
paid on a deposit which does not exceed $100 for the year. If the
amount of interest exceeds $100, the entire amount shall belong to
the applicant and shall be refunded to him by the municipality annually
or at the time the deposit is repaid or applied for the purposes for
which it has deposited, as the case may be, except that the municipality
will retain for administrative expenses a sum equivalent to no more
than 33 1/3% of that entire amount, which shall be in lieu of
all other administrative and custodial expenses. All sums not actually
so expended shall be refunded to the applicant within 90 days after
the final decision by the appropriate municipal agency with respect
to such application, upon certification by the Board Secretary that
such application has been finally decided.
(4)
Payments.
(a)
Each payment charged to the deposit for review
of applications, review and preparation of documents and inspection
of improvements shall be pursuant to a voucher from the professional,
which voucher shall identify the personnel performing the service,
and each date the services were performed, the hours spent to one-quarter-hour
increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial Officer. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer of the municipality simultaneously
to the applicant and the municipal agency for whom said services were
performed.
(b)
The Chief Financial Officer shall prepare and
send to the applicant a statement which shall include an accounting
of funds listing all deposits, interest earnings, disbursements and
the cumulative balance of the escrow account. This information shall
be provided on a quarterly basis if monthly charges are $1,000 or
less, or on a monthly basis if monthly charges exceed $1,000. If an
escrow account or deposit contains insufficient funds to enable the
municipality or approving authority to perform required application
reviews or improvement inspections, the Chief Financial Officer shall
provide the applicant with a notice of the insufficient escrow or
deposit balance. In order for work to continue on the development
or the application, the applicant shall, within a reasonable time
period, post a deposit to the account in an amount to be agreed upon
by the municipality or approving authority and the applicant. In the
interim, any required health and safety inspections shall be made
and charged back against the replenishment of funds.
(5)
Payments required prior to issuance of permits. No
zoning permits, building permits, certificates of occupancy or any
other types of permits may be issued with respect to any approved
application for development until all bills for reimbursable services
have been received by the municipality from professional personnel
rendering services in connection with such application and payment
has been made.
(6)
Close out procedures.
(a)
The following close out procedures shall apply
to all deposits and escrow accounts established under the provisions
of N.J.S.A. 40:55D-1 et seq. and shall commence after the approving
authority has granted final approval and signed the subdivision plat
or site plan, in the case of application review escrows and deposits;
or after the improvements have been approved in accordance with N.J.S.A.
40:55D-53, in the case of improvement inspection escrows and deposits.
(b)
The applicant shall send written notice by certified
mail to the Chief Financial Officer of the municipality and the approving
authority and to the relevant municipal professional, that the application
or the improvements, as the case may be, are completed. After receipt
of such notice, the professional shall render a final bill to the
Chief Financial Officer of the municipality within 30 days and shall
send a copy simultaneously to the applicant. The Chief Financial Officer
of the municipality shall render a written final accounting to the
applicant on the uses to which the deposit was put within 45 days
of receipt of the final bill. Any balances remaining in the deposit
or escrow account, including interest in accordance with N.J.S.A.
40:55D-53.1, shall be refunded to the developer along with the final
accounting.
(7)
Scope of charges. All professional charges for review
of an application for development, review and preparation of documents
or inspection of improvements shall be reasonable and necessary, given
the status and progress of the application or construction. Review
fees shall be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with the conditions of approval or review of requests for
modification or amendment made by the applicant. A professional shall
not review items which are subject to approval by any state governmental
agency and not under municipal jurisdiction except to the extent consultation
with a state agency is necessary due to the effect of state approvals
on the subdivision or site plan.
(8)
Limitation of inspection fees. Inspection fees shall
be charged only for actual work shown on a subdivision or site plan
or required by an approving resolution. Professionals inspecting improvement
under construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work, and such
inspections shall be reasonably based on the approved development
plans and documents.
(9)
Substitution of professionals. If the municipality
retains a different professional or consultant in place of a professional
originally responsible for development application review, or inspection
of improvements, the municipality or approving authority shall be
responsible for all time and expenses of the new professional to become
familiar with the application or the project, and the municipality
or approving authority shall not bill the applicant or charge to the
deposit or the escrow account for any such services.
(10)
Estimate of cost of improvements. The cost of
the installation of improvements for the purposes of N.J.S.A. 40:55D-53
shall be estimated by the Municipal Engineer based on documented construction
costs for the public improvements prevailing in the general area of
the municipality. The developer may appeal the Municipal Engineer's
estimate to the County Construction Board of Appeals, established
pursuant to N.J.S.A. 52:27D-127.
(11)
Appeals.
(a)
An applicant shall notify, in writing, the governing
body, with copies to the Chief Financial Officer, the approving authority
and the professional whenever the applicant disputes the charges made
by a professional for a service rendered to the municipality in reviewing
applications for development, review and preparation of documents,
inspection of improvements or other charges made pursuant to N.J.S.A.
40:55D-53.2. The governing body or its designee shall, within a reasonable
time, attempt to remediate any disputed charges. If the matter is
not resolved to the satisfaction of the applicant, the applicant may
appeal to the County Construction Board of Appeals, established pursuant
to N.J.S.A. 52:27D-127 any charge to an escrow account or deposit
by any municipal professional or consultant, or the cost of the installation
of improvements estimated by the Municipal Engineer pursuant to N.J.S.A.
40:55D-53.4. An applicant or his authorized agent shall submit the
appeal in writing to the County Construction Board of Appeals. The
applicant or his authorized agent shall simultaneously send a copy
of the appeal to the municipality, approving authority and any professional
whose charges are the subject of the appeal. An applicant shall file
an appeal within 45 days from receipt of the informational copy of
the professional's voucher required by N.J.S.A. 40:55D-53.2c, except
that if the professional has not supplied the applicant with an informational
copy of the voucher, then the applicant shall file his appeal within
60 days from receipt of the municipal statement of activity against
the deposit or escrow account required by N.J.S.A. 40:55D-53.2c. An
applicant may file an appeal for an ongoing series of charges by a
professional during a period not exceeding six months to demonstrate
that they represent a pattern of excessive or inaccurate charges.
An applicant making use of this provision need not appeal each charge
individually.
(b)
Appeals shall be taken in accordance with the
Rules and Procedures established by the County Construction Board
of Appeals.
(c)
During the pendency of any appeal, the municipality
or approving authority shall continue to process, hear and decide
the application for development and to inspect the development in
the normal course and shall not withhold, delay or deny reviews, inspections,
signing of subdivision plats or site plans, the reduction or the release
of performance or maintenance guaranties, the issuance of construction
permits or certificates of occupancy, or any other approval or permit
because an appeal has been filed or is pending under this subsection.
The Chief Financial Officer of the municipality may pay charges out
of the appropriate escrow account or deposit for which an appeal has
been filed. If a charge is disallowed after payment, the Chief Financial
Officer of the municipality shall reimburse the deposit or escrow
account in the amount of any such disallowed charge or refund the
amount to the applicant. If a charge is disallowed after payment to
a professional or consultant who is not an employee of a municipality,
the professional or consultant shall reimburse the municipality in
the amount of any such disallowed charge.
