A.
Pursuant to the provisions of N.J.S.A. 40:55D-37, approval of subdivision plats by resolution of the Stanhope Planning Board shall be required as a condition for the filing of such plats with the county recording officer. Approval of site plans by resolution of the Stanhope Planning Board shall be required pursuant to Subsection D of this section as a condition for the issuance of a building permit and certificate of occupancy, provided that the resolution of the Stanhope Board of Adjustment shall substitute for that of the Stanhope Planning Board whenever the Stanhope Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to § 100-109B of this chapter.
B.
Each application for subdivision approval, where required
pursuant to N.J.S.A. 40:27-6.2, and each application for site plan
approval, where required pursuant to N.J.S.A. 40:27-6.6, shall be
submitted by the applicant to the County Planning Board for review
and approval, as required by the aforesaid sections, and the approving
authority shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the County Planning
Board or approval by the County Planning Board by its failure to report
thereon within the required time period.
C.
The Secretary of the Stanhope Planning Board shall
distribute the site plan and subdivision application for review and
report and, where required, approval as follows:
D.
Applicability. Site plan review and approval shall
be required before any change of use or before any excavation, removal
of soil, clearing of a site or placing of any fill on lands contemplated
for development, and, except as hereinafter provided, no building
permit shall be issued for any building or use or reduction or enlargement
in size or other alteration of any building or change in use of any
building, including accessory structures, unless a site plan is first
submitted and approved by the reviewing board, and no certificate
of occupancy shall be given unless all construction and development
conform to the plans as approved by the reviewing board.
E.
Site plan approval will not be required for any detached
one- or two-family dwelling unit buildings or any uses accessory thereto,
such as a private garage or storage shed incidental to residential
uses; however, home occupations shall require site plan approval.
[Amended 5-29-1990 by Ord. No. 1990-10]
F.
The reviewing board may waive site plan approval requirements
if the construction or alteration or change of occupancy or use does
not affect existing traffic circulation, drainage, relationships of
building to each other, landscaping, buffering, lighting and other
considerations of site plan review. Each applicant shall prepare and
submit the request for waiver of site plan application with the required
fee.
[Amended 10-31-1989 by Ord. No. 1989-23]
[Amended 9-28-1982 by Ord. No. 1982-11; 8-27-1996 by Ord. No. 1996-13]
A.
The applicant shall submit 18 copies of his completed
application for minor subdivision or site plan to the Administrative
Officer of the Borough or the Secretary of the Planning Board. Time
for the Board's review shall not begin to run until the submission
of a complete application with the required fee. Unless the applicant
is informed, in writing, by the Secretary of the Planning Board within
45 days of the actual submission of the application that it is incomplete,
said application shall be deemed complete as of the date it was submitted.
B.
All required submissions shall be made to the Administrative
Officer or the Secretary of the Planning Board 14 days prior to the
regular meeting date of the Planning Board.
C.
A complete application for a minor subdivision shall
consist of the following:
[Amended 2-25-1997 by Ord. No. 1997-3]
(1)
Eighteen copies of a completed Basic Application -
B and all required documents in accordance therewith, submitted to
the secretary of the Planning Board 14 days prior to the regular meeting
day of the Board.
(3)
Certification from the Borough that all taxes, water
and sewer and other assessments are paid through the latest billing.
(4)
Certification from the Mayor and Council that adequate
water supply and sewer capacity exist to service the proposed development.
(5)
A plat in the following format and in which the following
information and data are set out:
(a)
Map sizes 18 inches by 24 inches, 24 inches
by 36 inches or 24 inches by 42 inches, folded into eighths.
(b)
A key map showing the property and its relation
to the surrounding area, streets and highways and zone district boundaries
within 500 feet, or its relation to the nearest intersection, whichever
is the most distant.
(c)
A chart indicating all zone requirements and
those which are being proposed, including lot size(s); frontage; front,
side and rear yard setbacks.
(d)
The date and the revision dates of drawing,
and the name of the owner and applicant.
(e)
Tax map sheet, block and lot numbers for subject
property and adjoining properties.
(f)
The name and address of the owner and deed reference
for which ownership is obtained.
(g)
The name and license number of the engineer,
land surveyor, architect or planner, with document seal.
(h)
Boundary survey data or some other similarly
accurate base bearings and distances prepared by a licensed surveyor.
(i)
The location of the subdivided portion of the
entire tract.
(j)
All current and proposed lot lines and lines
to be eliminated.
(k)
All property line dimensions and directions,
angles or bearing, and setback lines.
(l)
The area of the entire tract and area of each
proposed lot, accurate to within 1/100th of an acre.
(m)
All existing and proposed streets, right-of-way
widths, street lines and names.
(n)
Graphic scale not to exceed one inch equals
100 feet.
(o)
True North arrow.
(p)
All existing and proposed rights-of-way and
easements.
(q)
Existing and proposed drainage features and
ditches within 200 feet.
(r)
All existing or proposed structures, wooded
areas and stream topography shown at two-foot contour intervals, except
where the slope exceeds 15% and in which case intervals may be at
five feet for those intervals.
(s)
An approval block for the signatures of the
Chairman, Board Secretary and Board Engineer.
[Added 2-25-1980 by Ord. No. 1980-4; amended 4-19-1983 by Ord. No. 1983-5; 3-29-1988 by Ord. No. 1988-6]
Subdivision and site plan fees are to provide
for the administrative, clerical and professional services, the cost
of processing, including but not limited to engineering, planning
consultant and attorney's fees, reviewing, holding public hearings
on and acting upon all development plan applications, including engineering
costs incurred in the inspection of improvements during construction,
and for the cost of plotting subdivisions on the base maps of the
Borough and recording the establishment of new lots or new lot lines
in all appropriate offices.
A.
An applicant shall be responsible to reimburse the
municipality for:
(1)
All expenses of professional personnel incurred
and paid by it necessary to process an application for development
before a municipal agency, such as, but not by way of limitation:
(a)
Charges for reviews by professional personnel
of applications and accompanying documents.
(b)
Issuance of reports by professional personnel
to the municipal agency setting forth recommendations resulting from
the review of any documents submitted by the applicant.
(c)
Charges for any telephone conference or meeting
requested or initiated by the applicant, his attorney or any of his
experts.
(d)
Review of additional documents submitted by
the applicant and issuance of reports relating thereto.
(e)
Review or preparation of easements, developer's
agreements, deeds or the like.
(f)
Preparation for and attendance at special meetings.
(2)
The cost of expert advice or testimony obtained
by the municipal agency for the purpose of corroborating or reviewing
testimony of the applicant's experts, provided that the municipal
agency gives prior notice to the applicant of its intention to obtain
such additional expert advice or testimony and affords the applicant
an opportunity to be heard as to the necessity for such additional
advice or testimony and definition of the limitations on the nature
and extent thereof.
B.
No applicant shall be responsible to reimburse the
municipality for any of the following:
(1)
The municipal agency shall be entitled to be
reimbursed by the applicant for attendance of the municipal agency’s
professional personnel for that application at regularly scheduled
meetings and at special meetings requested to be called by the applicant.
The applicant shall be billed at the professionals’ regular
billing rates.
[Amended 5-27-1997 by Ord. No. 1997-13; 9-28-2004 by Ord. No. 2004-8]
C.
The term "professional personnel" or "professional
services," as used herein, shall include the services of a duly licensed
engineer, surveyor, planner, attorney, realtor, appraiser, architect
or other expert who would provide professional services to ensure
that an application meets performance standards of Stanhope Borough
or any other experts whose testimony is in an area testified to by
the applicant's expert.
D.
No plat or site plan shall be signed nor shall any
zoning permits, building permits, certificates of occupancy or any
other types of permits 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
approved by the governing body. The applicant may, however, at his
option, deposit with the Municipal Clerk an amount agreed upon by
the applicant and the municipal agency as likely to be sufficient
to cover all reimbursable items; and, upon posting said deposit with
the Municipal Clerk, the appropriate maps or permits may be signed
and released or issued to the developer. If the amount of the deposit
exceeds the actual costs as approved for payment by the governing
body, the developer shall be entitled to a return of the excess deposit,
but if the charges submitted and approved by the governing body exceed
the amount of the deposit, the developer shall be liable for payment
of such deficiency.
E.
No professional personnel submitting charges to the municipality for any of the services referred to in Subsection A(1)(a) of this section shall charge for any of the services contemplated by Subsection A(1)(a) of this section at any higher rate or in any different manner than would normally be charged the municipality for similar work as ascertained by the professional's contract of employment with the municipality or by provisions of the Municipal Salary Ordinance. Payment of any bill rendered by a professional to the municipality with respect to any service for which the municipality is entitled to reimbursement under this article shall in no way be contingent upon receipt of reimbursement by a developer, nor shall any payment to a professional be delayed pending reimbursement for a developer.
F.
Deposits received from any developer pursuant to Subsection A of this section shall be held by the Treasurer in a special deposit account, pursuant to N.J.S.A. 40:55D-53.1, and, upon receipt of bills from professionals duly approved by the governing body, the Treasurer may use such escrow funds to pay the bills submitted by such professional or professionals, return any surplus funds to the developer or bill the developer for any shortfall.
G.
Whenever any application which initially has been
submitted to the Planning Board or the Zoning Board of the Borough
of Stanhope is not fully processed within the time frames provided
within this article and is resubmitted within one year of the original
filing date for further action by said Board, there shall be a fee
for resubmission work and review of the Borough Engineer, Attorney
or Planner in the amount of 50% of the initial application fee and
50% of the initial escrow account fee.
H.
The Zoning Board shall have the authority to waive all or any portion of an escrow fee otherwise required by § 100-34.3 whenever it shall deem said escrow requirement to be inconsistent with the size and/or nature of the particular application being considered.
[Added 2-28-1989 by Ord. No. 1989-1]
[Added 3-29-1988 by Ord. No. 1988-6]
A.
Except as otherwise specifically provided herein,
all fees required by this article shall be payable to the Borough
Clerk at the time of filing any application for site plan or subdivision
approval. All fees shall be paid by check payable to the Borough of
Stanhope, which check for all fees in excess of $250 shall be in the
form of a certified or bank cashier's check.
B.
All permits, determinations, resolutions or certificates
of approval are subject to the payment of all fees provided for in
this article, and no approvals shall be given by the Planning Board
until proof has been submitted to them that the requisite application
fees and escrow account fees have, in fact, been paid to the Borough
Clerk.
[Added 3-29-1988 by Ord. No. 1988-6]
Every application for development shall be accompanied
by a check payable to the Borough of Stanhope in accordance with the
following schedule. For purposes of this article, the term "area being
disturbed" means any area whereupon activity involving the clearing,
excavation, storing, grading, filling or transporting of soil will
occur or whereupon any other activity will occur which causes soil
to be exposed to the danger of erosion, including the detachment or
movement of soil or rock by water, wind, ice and/or gravity.
A.
Schedule of fees.
|
Type
|
Application Fee
|
PLUS
|
EscrowAccount
| ||
|---|---|---|---|---|---|
|
Subdivision
| |||||
|
Minor plat
[Amended 9-28-2004 by Ord. No. 2004-8] |
$50
|
$4,000
| |||
|
Preliminary major plat
[Amended 2-22-2011 by Ord. No. 2011-01] |
$100
|
$60 per lot, plus $0.01 per square foot of original
lot area provided that a minimum of $6,000 shall be deposited
| |||
|
Final major plat
[Amended 9-28-2004 by Ord. No. 2004-8] |
$50
|
$30 per lot, provided that a minimum of $2,000
shall be deposited
| |||
|
Concept plan for formal review
| |||||
|
Minor plat
|
$25
|
$250
| |||
|
Major plat
|
$50
|
$500
| |||
|
Site plans
| |||||
|
Preliminary plan
| |||||
|
Nonresidential
|
$100
|
$100 per acre or part thereof, plus $0.15 per
square foot of gross floor area, provided that a minimum of $2,000
shall be deposited
| |||
|
Residential
|
$100
|
$60 per unit, provided that a minimum fee of
$2,000 shall be provided
| |||
|
Site plan waiver
[Added 10-31-1989 by Ord. No. 1989-23; amended 5-29-1990 by Ord. No. 1990-10; 9-28-2004 by Ord. No. 2004-8; 2-22-2011 by Ord. No. 2011-01] |
$100
|
$500
| |||
|
Final plan
[Amended 9-28-2004 by Ord. No. 2004-8] | |||||
|
Nonresidential
|
$50
|
$50 per acre or part thereof, plus $0.10 per
square foot of gross floor area, provided that a minimum fee of $2,000
shall be deposited
| |||
|
Residential
|
$50
|
$30 per unit, provided that a minimum fee of
$2,000 shall be deposited
| |||
|
Concept plan for formal review
|
$50
|
$500
| |||
|
Variances
[Amended 2-28-1989 by Ord. No. 1989-1; 9-28-2004 by Ord. No. 2004-8] | |||||
|
Appeals (N.J.S.A.40:55D-70a)
[Amended 2-22-2011 by Ord. No. 2011-01] |
$75
|
$500
| |||
|
Interpretation (N.J.S.A. 40:55D-70b)
[Amended 2-22-2011 by Ord. No. 2011-01] |
$75
|
$500
| |||
|
"C" variance: residential, other than lot size
[Amended 4-7-2009 by Ord. No. 2009-02; 2-22-2011 by Ord. No. 2011-01] |
$75
|
$500
| |||
|
Lot size: residential
|
$75
|
$500
| |||
|
Lot size: nonresidential
|
$250
|
$600
| |||
|
"C" variance: nonresidential
[Amended 4-7-2009 by Ord. No. 2009-02; 2-22-2011 by Ord. No.
2011-01] |
$75
|
$600
| |||
|
Use: residential
|
$225
|
$1,000
| |||
|
Use: nonresidential
|
$325
|
$1,500
| |||
|
Permit (N.J.S.A. 40:55D-34)
|
$150
|
$150
| |||
|
Permit (N.J.S.A. 40:55D-35)
|
$150
|
$500
| |||
|
Concept plan, zoning change
|
$250
|
$2,500
| |||
|
| |||||
|
Appeals to Borough Council
|
$250
|
$400
| |||
|
| |||||
|
Certified list of property owners
|
$0.25 per name or $10, whichever is greater
|
None required
| |||
|
Copy of minutes, transcripts or decisions
|
$5 for first page, plus $0.25 per page of said
document
|
None required
| |||
|
Special meeting held at request of applicant
|
$100
|
$1,000
| |||
B.
The application fee is a flat fee to cover administrative
expenses and is nonrefundable. The escrow account is established to
cover the costs of professional services, including engineering, planning,
legal and other expenses connected with the review and processing
of the submitted materials. Sums not utilized in the review process
shall be returned to the applicant. If additional sums are deemed
necessary, the applicant shall be notified of the required additional
amount and shall add such sum to the escrow within 15 days.
C.
Where one application for development includes several
approval requests, the sum of the individual required fees shall be
paid.
D.
Each applicant for subdivision or site plan approval
shall agree to pay all reasonable costs for professional review of
the application and for inspection of the improvements. All such costs
for review and inspection must be paid before any approval plat, plan
or deed is signed or any construction permit is issued, and all remaining
costs must be paid in full before any occupancy of the premises is
permitted or certificate of occupancy issued.
E.
If an applicant desires a court reporter, the cost
for taking testimony and transcribing it and providing a copy of the
transcript to the Borough shall be at the expense of the applicant,
who shall arrange for the reporter's attendance.
[Added 3-29-1988 by Ord. No. 1988-6]
A.
No final application for development, whether for
an entire tract or a section thereof, shall be approved by the Board
until the satisfactory completion and performance of all required
public improvements have been certified to the Board by the Borough
Engineer, unless the owner shall have filed with the Borough a performance
guaranty assuring the installation of said public improvements on
or before an agreed date as hereinafter provided.
B.
It is the intention of the Borough Council that residents
living in each new section of a development be provided with a lot
and/or dwelling unit and tract area that is as complete as possible
with respect to tract and individual lot and/or dwelling unit improvements.
In order to accomplish this objective and except as hereafter provided,
all remaining improvements shall be completed as to each category
set forth in the performance guaranty to a percentage extent equal
to the percent of lots and/or dwelling units which have been conveyed
in any manner.
C.
Performance guaranty estimate.
(1)
A performance guaranty estimate shall be prepared
by the applicant's engineer and submitted to the Borough Engineer
for review and approval, setting forth all requirements for improvements,
as fixed by the Board, and their estimated cost. Prior to final approval
by the Board of the application for development, the Borough Council
shall pass a resolution either approving or adjusting this performance
guaranty.
(2)
The performance guaranty estimate shall include
all items as provided in N.J.S.A. 40:55D-53, including streets, grading,
pavement, gutters, curbs, sidewalks, streetlighting, shade trees,
surveyor's monuments as shown on the final map and required by the
Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water
main culvert, storm sewers, sanitary sewers or other means of sewage
disposal, drainage structures, erosion control and sedimentation control
devices, public improvements of open space and, in the case of site
plans only, other on-site improvements and landscaping.
[Added 4-30-1991 by Ord. No. 1991-11]
D.
All site improvements and utility installations for
both site plans and subdivisions shall be inspected during the time
of their installation under the supervision of the Borough Engineer
to ensure satisfactory completion. The cost of said inspection shall
be the responsibility of the owner, who shall deposit with the Treasurer
a sum in accordance with the following schedule, to be applied to
payment of the inspection costs:
[Added 4-30-1991 by Ord. No. 1991-11]
(1)
Nine percent of the amount of the performance
guaranty estimate up to $50,000; plus
(2)
Seven percent of the amount of the performance
guaranty estimate between $50,000 and $250,000; plus
(3)
Five percent of the amount of the performance
guaranty estimate between $250,000 and $1,000,000; plus
(4)
Two percent of the amount of the performance
guaranty estimate in excess of $1,000,000.
E.
In no case shall any paving work be done without permission
from the Borough Engineer. At least two working days' notice shall
be given to the Borough Engineer prior to any construction so that
he or a qualified representative may be present at the time the work
is to be done.
[Added 4-30-1991 by Ord. No. 1991-11]
F.
Streets shall not be paved with a wearing course until
all heavy construction is completed. Shade trees shall not be planted
until all grading and earth moving is completed. The seeding of grass
and the placement of surveyor's monuments shall be among the last
operations.
[Added 4-30-1991 by Ord. No. 1991-11]
G.
Inspections; installation of improvements.
[Added 4-30-1991 by Ord. No. 1991-11]
(1)
The Borough Engineer's office shall be notified
prior to each of the following phases of work so that he or a qualified
representative may inspect the work:
(a)
Road subgrade.
(b)
Curb and gutter forms.
(c)
Curbs and gutters.
(d)
Road paving.
(e)
Sidewalk forms.
(f)
Sidewalks.
(g)
Drainage pipes and other drainage construction.
(h)
Street names and signs.
(i)
Monuments.
(j)
Sanitary sewers.
(k)
Detention and/or retention basins.
(l)
Topsoil, seeding and planting.
(m)
Underground utilities.
(2)
Any improvement installed contrary to the plan
or plat approval by the Borough shall constitute just cause to void
the municipal approval.
(3)
Any improvement installed without notice for
inspection pursuant to the hereinabove shall constitute just cause
for:
(a)
Removal of the uninspected improvement;
(b)
The payment by the developer of any costs for
material testing;
(c)
The restoration by the developer of any improvements
disturbed during any material testing; and/or
(d)
The issuance of a stop-work order by the Borough
Engineer pending the resolution of any dispute.
H.
Inspection by the Borough of the installation of improvements
and utilities shall not operate to subject the Borough of Stanhope
to liability for claims, suits or liability of any kind that may at
any time arise because of defects or negligence during construction
or at any time thereafter; it being recognized that the responsibility
to maintain safe conditions at all times during construction and to
provide proper utilities and improvements is upon the owner and his
contractors, if any.
[Added 4-30-1991 by Ord. No. 1991-11]
[Added 3-29-1988 by Ord. No. 1988-6]
A.
The owner shall present two copies of the performance
guaranty, in an amount equal to 120% of the approved performance guaranty
estimate when secured by a bond or in an amount equal to 100% of the
approved performance guaranty when secured by cash or irrevocable
letter of credit, for approval as to form and execution by the Borough
Attorney.
B.
The Borough Attorney shall notify the Secretary of
the Board prior to the meeting that the performance guaranty is properly
executed and can be added to the agenda.
[Added 3-29-1988 by Ord. No. 1988-6]
A.
The performance guaranty shall be made payable and
deposited to the Borough of Stanhope and shall be in the form of cash,
irrevocable letter of credit or certified check or a performance bond
in which the owner shall be principal, the bond to be provided by
an acceptable surety company licensed to do business in the State
of New Jersey. The Borough shall issue its receipt for such deposits
and shall cause the same to be deposited in the name of the Borough
to be retained as security for completion of all requirements and
to be returned to the owner on completion of all required work or,
in the event of default on part of the owner, to be used by the Borough
to pay the cost and expense of obtaining completion of all requirements.
B.
The applicant may request, in writing, to the Borough
Clerk the refund of the unused remaining portion of the fee; and,
upon full accounting and closure of the file, as determined by the
Chairman of the Planning Board or Zoning Board, as the case may be,
the remaining funds will be returned to the applicant.
[Amended 9-28-1982 by Ord. No. 1982-11; 5-29-1990 by Ord. No. 1990-10; 8-27-1996 by Ord. No. 1996-13; 2-25-1997 by Ord. No. 1997-3]
A complete application for preliminary approval
of a major subdivision or site plan shall consist of the following:
A.
Eighteen copies of a completed Basic Application -
B and all required documents in accordance therewith, submitted to
the Secretary of the Planning Board 14 days prior to the regular meeting
day of the Board.
C.
Certification from the Borough that all taxes, water
and sewer and other assessments are paid through the latest billing.
D.
Certification from the Mayor and Council that adequate
water supply and sewer capacity exist to service the proposed development.
E.
A plat in the following format and in which the following
information and data are set out:
(1)
Map sizes 18 inches by 24 inches, 24 inches by 36
inches or 24 inches by 42 inches folded into eighths.
(2)
A key map showing the property and its relation to
the surrounding area, streets and highways and zone district boundaries
within 500 feet, or its relation to the nearest intersection, whichever
is the most distant.
(3)
A chart indicating all zone requirements and those
which are being proposed, including lot size(s); frontage; front,
side and rear yard setbacks.
(4)
The date and the revision dates of drawing, and the
name of the owner and applicant.
(5)
Tax map sheet, block and lot numbers for subject property
and adjoining properties.
(6)
The name and address of the owner and deed reference
for which ownership is obtained.
(7)
The name and the license number of the engineer, land
surveyor, architect or planner, with document seal.
(8)
Boundary survey data or some other similarly accurate
base bearings and distances prepared by a licensed surveyor.
(9)
All current and proposed lot lines and lines to be
eliminated.
(10)
All property line dimensions and directions,
angles or bearing and setback lines.
(11)
The area of the entire tract and area of each
proposed lot, accurate to within 1/100th of an acre.
(12)
All existing and proposed streets, with dimensions,
street lines and names.
(13)
Graphic scale not to exceed one inch equals
100 feet.
(14)
True North arrow.
(15)
All existing and proposed rights-of-way and
easements with dimensions.
(16)
Existing and proposed drainage features and
ditches within 200 feet.
(17)
All existing and proposed grading, structures,
wooded areas and stream topography shown at two-foot contour intervals,
except where the slope exceeds 15%, and in which case intervals may
be at five feet for those areas.
(18)
Cross sections and profiles of all existing
and proposed streets abutting the lots and within 250 feet of the
site.
(19)
An approval block for the signatures of the
Chairman, Board Secretary and Board Engineer.
F.
Drainage and storm systems, sanitary sewers and utilities.
(1)
The location, type and size of all existing and proposed
catch basins, storm drainage structures, facilities, watercourses
and ditches.
(2)
The location, size and type of sanitary sewer lines.
(3)
The location and type of utilities, such as electric,
gas, telephone and water and underground lines, present and proposed.
(4)
Show by means of arrows that the lot drains into existing
waterways or storm drains, with details of top grate, invert and size
of pipe.
(5)
The location and profiles of all water courses and
drainage facilities within 300 feet of the limits of the development.
(6)
Stormwater management and control plan, including
storm drainage calculations certified by a professional engineer.
(7)
Construction design details for proposed stormwater
or retention basins.
G.
Compliance with all requirements of the zoning district
within which the property is located and/or identification of all
variances and waivers.
H.
Copy of any covenants or deed restrictions.
I.
Soil erosion and sediment control plan and application
to soil conservation district for approval.
J.
An applicant applying for a project located within
a flood hazard area shall apply for approval in conformance with the
Ninety-Day Construction Permit Act.
K.
M.
For major subdivision, the following should also be
included:
N.
For site plans, the following additional items should
be included:
(1)
The total building area (gross area of all floors)
in square feet.
(2)
The location of all existing and proposed structures
and any other physical elements on or within 100 feet of the site
with finished grade elevations at corners.
(3)
First floor elevations of all buildings and at corners
of buildings.
(4)
Ground floor area expressed in square feet.
(5)
Proposed use of all buildings and sections thereof.
(6)
Location, graphic representation and dimensions of
all existing and proposed signs.
(7)
Provision for refuse and recycling and screening details.
(8)
Loading areas and dimensions.
(9)
All fencing with construction details.
(10)
Details of all proposed retaining walls.
(11)
Parking areas, showing numbered spaces and sizes,
including required handicapped spaces.
(12)
A landscaping plan which includes shade trees
selected from a list prepared by the Stanhope Shade Tree Commission.
(13)
All existing and proposed landscaped areas,
including a planting plan indicating size at planting, size at fifteen-year
growth, species and spacing of all plant material and trees.
(14)
Existing trees over four inches in diameter,
noting those which are proposed to be removed.
(15)
Fire prevention, including fire protection systems,
hydrants and traffic flow pattern for fire-fighting vehicles.
(16)
Recycling plan which shall include details of
container location and screening.
[Added 10-31-1989 by Ord. No. 1989-23]
The complete application fee for site plan waiver
shall consist of the following;
A.
The applicant's name, address and telephone number.
B.
Property location by street address, zone and tax
block and lot; and the owner's name.
C.
Lot size (perimeter and area).
D.
A survey, plot plan or sketch of the property (in
that order of preference) that includes all improvements thereon and
all dimensions thereof.
E.
Name of business; number of employees; number of shifts
and employees per shift; hours and days of operation.
F.
Number of existing dedicated parking spaces on site
and elsewhere; and other parking.
G.
Type of business, e.g., manufacturing, wholesale,
etc.; percentage or amount of square footage of buildings to be occupied;
other tenants or occupants; description of interior improvements or
changes.
H.
Reason for site plan waiver request.
I.
At least six photographs of the property showing each
side of the building and any parking entrance and exit points.
J.
Method and location of garbage disposal and recycling.
A.
Before approving a subdivision or site plan, the approving
authority shall require that streets, public drainageways, flood control
basins and public areas designated for reservation on the Master Plan
or Official Map must be shown on the plat on locations and sizes suitable
to their intended uses. The approving authority may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
for a period of up to one year after the approval of the final plat
or within such further time as may be agreed to by the developer.
Unless during such period or extension thereof the Borough shall have
entered into a contract to purchase or institute condemnation proceedings
according to law for the fee or a lesser interest in the land comprising
such streets, ways, basins or areas, the developer shall not be bound
by such reservations shown on the plat and may proceed to use such
land for probate use in accordance with applicable development regulations.
The provisions of this section shall not apply to streets and roads,
flood control basins or public drainageways necessitated by the subdivision
or land development and required for final approval.
B.
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use. In such instance, unless a lesser amount has previously
been mutually agreed upon, just compensation shall be deemed to be
the fair market value of an option to purchase the land reserved for
the period of reservation, provided that determination of such fair
market value shall include but not be limited to consideration of
the real property taxes apportioned to the land reserved and prorated
for the period of reservation. The developer shall be compensated
for the reasonable increased cost of legal, engineering or other professional
or site plan approval, as the case may be, caused by the reservation.
C.
Upon the submission to the approving authority of
an application for development showing development proposed for an
area reserved on the Official Map or Master Plan, the secretary of
the approving authority shall notify the Borough Council in writing
of such application and that the approving authority intends to grant
approval for said development in the reserved area unless the Borough
Council notifies the approving authority prior to the date for final
approval that it intends to reserve the area in question and will
provide compensation to the developer for such reservation. Said notice
of intent to reserve shall thereupon proceed either to reach an agreement
with the developer as to the amount of compensation to be paid for
such reservation or negotiate a purchase price for said reserved area.
Upon the Borough Council's arriving at the amount to be paid the developer
by way of compensation for reservation or purchase, said amount shall
be deposited in escrow for the benefit of the developer.
A.
No driveway which intersects with the right-of-way
line of any public road within the Borough of Stanhope may be constructed
or modified unless the owner of the land in which the driveway is
to be constructed or modified first obtains a zoning permit and a
building permit as required from the Building Construction Official.
A driveway is modified within the means of this development regulation
when it is paved, widened, narrowed or when its location or grade
is changed. A modification shall not include resurfacing of an existing
paved driveway. All driveways that intersect with the right-of-way
line of any public road within the Borough of Stanhope, which is being
constructed subsequent to the effective date of this development regulation,
and all such driveways existing on the effective date of this development
regulation which are modified subsequent to the effective date of
this development regulation shall be constructed in accordance with
the following minimum requirements:
[Amended 9-28-2004 by Ord. No. 2004-8]
(1)
The driveway shall have a minimum driving width of 10 feet and have a maximum slope of 9%, except as provided in Subsection A(2) hereof.
(2)
The first 15 feet, as measured from the traveled way,
shall not exceed 3.5%.
(3)
Driveways shall be constructed so as to be perpendicular
to the traveled way of the public road for a distance at least 15
feet from the edge of the traveled way and shall intersect the traveled
way at the perpendicular.
B.
The developer shall pay the full cost of all off-tract
improvements that are wholly necessitated by the proposed development
if said improvements benefit lands other than those within the subdivision
or site plan.
D.
In the event the approving authority shall determine
that off-tract improvements are required in connection with any subdivision
or site plan, then prior to granting final approval:
(1)
The approving authority shall report to the Borough
Council the following:
(2)
The Borough Council shall determine and report to
the approving authority whether and by what date the off-tract improvements
will be constructed by the Borough as a general improvement or as
a local improvement or as a combination thereof, or whether the developer,
at his option, may construct the required off-tract improvements and
be reimbursed pursuant to a formula specified by the Borough Engineer
if the improvement specifically benefits property other than that
within the subdivision or site plan.
(3)
The approving authority shall require, as a condition
of final approval of the subdivision plat or site plan, that:
(a)
If the improvement is to be constructed by the
Borough as a general improvement, the developer shall deposit with
the Borough Treasurer an amount equal to the difference, if any, between
the estimated cost of the improvement and the estimated cost of the
improvement total amount by which all properties, including the subdivision
or site plan, shall be serviced by the improvement.
(b)
If the improvement is to be constructed by the Borough as a local improvement, the developer shall deposit with the Borough Treasurer, in addition to the amount specified in Subsection D(3)(b) above, the estimated amount by which the subdivision or site plan will be specifically benefited by the improvement.
E.
No zoning permit or building permit shall be issued
by the Zoning Officer or the Building Construction Official for the
construction or modification of any driveway unless a plan of the
proposed construction or modification is submitted showing the location,
dimensions and grade.
[Amended 9-28-2004 by Ord. No. 2004-8]
F.
Without limiting the generality of the foregoing,
the approving authority may take into account the following specific
factors:
(1)
With respect to street, curb, gutter, sidewalk, streetlight,
street sign and traffic improvements, the approving authority may
consider:
(2)
With respect to drainage facilities, the approving
authority may consider:
(a)
The relationship between the areas of the subdivision
or site plan and the area of the total drainage basin of which the
subdivision or site plan is a part.
(b)
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.
(c)
The use, condition or status of the remaining
land area in the drainage basin.
(3)
With respect to water, gas and electric supply and
distribution facilities, the approving authority may consider the
use requirements of the use proposed for the subdivision or site plan
and the use requirements of all other properties to be benefited by
the improvements.
(4)
With respect to sewage facilities, the approving authority
may consider:
(a)
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 benefited by the
improvement.
(b)
The types of effluent anticipated and particular
problems requiring special equipment or added costs.
G.
Any money received by the Borough Treasurer for the
off-tract improvements to be constructed or installed by the Borough
pursuant to the provisions of this section 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, together with any interest thereon, shall be returned
to the developer or his successor in interest.
H.
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 ordinance for such improvements.
The difference between the actual cost as is determined and the estimated
cost shall be computed. The developer or his successor in interest
shall make remittance to the Borough, if the estimated cost exceeds
the total cost, in an amount which bears the same relationship to
the difference between the actual and estimated costs as the amount
deposited by the developer for his proportionate share of the estimated
cost bears to the total estimated cost. Any sum payable by the developer
or his 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.
I.
In the absence of an express provision in a deed or deeds of conveyance, it shall be presumed that the fee owners of all lots in the subdivision or site plan at the date any deposit or portion thereof is returned or additional charge is made pursuant to Subsections G and H of this section are the lawful successors in interest to the developer, and each such fee owner shall be charged with or entitled to receive a pro rata share, based in lot area, of any funds to be returned or additional charge to be made pursuant to this section. Upon payment of any such sums to said fee owners, the Borough shall be released of liability to any other person.
Prior to approval of planned developments, the
approving authority shall find the following facts and conclusions:
B.
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.
C.
That provisions through the physical design of the
proposed development for public services, control over vehicular and
pedestrian traffic and the amenities of light and air and recreational
and visual enjoyment are adequate.
D.
That the proposed planned development will not have
an unreasonably adverse impact upon the area in which it is proposed
to be established.
E.
In the case of a proposed planned 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.
F.
That proposed buildings shall be oriented and located
so as to provide the greatest level of solar access protection if
the standard in § 100-34C(4)(v) cannot be met. The standard
shall then become:
[Added 9-28-1982 by Ord. No. 1982-11]
(1)
Building orientation. At least 50º of all proposed
buildings shall be oriented so that the longest side is within 30º
of true South.
(2)
Building locations. All proposed buildings shall be
located so as to avoid shading caused by natural or man-made objects
located to the south to the greatest extent practicable.
(3)
In developing the tract, special care shall be taken to ensure that landscaping is preserved or provided to enhance the opportunities for space cooling of buildings and paved surfaces to reduce winter winds and to avoid blocking sunlight to the south walls of proposed buildings. Evergreen trees should be planted in locations that block winter winds without shading buildings to the north. Deciduous trees should be located to provide summer shading for the south, east and west sides of proposed buildings as well as south-facing roofs consistent with the provision of solar access required by § 100-34.
A.
The Borough may, at any time and from time to time,
accept the dedication of land for public use and maintenance or any
interest therein required to be set aside, designated and reserved
for the use and enjoyment of owners and occupants of land adjoining
or neighboring such land as a condition of approval of planned unit
development, planned unit residential development or residential cluster,
but such dedication shall not be required by the approving authority.
B.
The developer shall provide for an organization for
the ownership and maintenance of any open space for the benefit of
owners or residents of a development, if said open space is not dedicated
to the Borough. Such organization shall not be dissolved and shall
not dispose of any open space, by sale or otherwise, except to an
organization conceived and established to own and maintain the open
space for the benefit of such development, and thereinafter such organization
shall not be dissolved or dispose of any of its open space without
first offering to dedicate the same to the Borough.
C.
In the event that such organization shall fail to
maintain the open space in reasonable order and condition, the Recreation
Commission may serve written notice upon such organization or upon
the owners of the development, setting forth the manner in which the
organization has failed to maintain the open space in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the Recreation Commission may modify the terms of
the original notice as to deficiencies and may give a reasonable extension
thereof. The Borough, in order to preserve the open space and maintain
the same for a period of one year, may enter upon and maintain such
land. Said entry and maintenance shall not vest in the public any
rights to use the open space except when the same is voluntarily dedicated
to the public by the owners. Before the expiration of said year, the
Recreation Commission shall, upon its initiative or upon the request
of the organization theretofore responsible for the maintenance of
the open space, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by the Recreation Commission, at which hearing such organization and
the owners of the development shall show cause why such maintenance
by the Borough shall not, at the election of the Borough, continue
for a succeeding year. If the Recreation Commission shall determine
that such organization is ready and able to maintain said open space
in reasonable condition, the Borough shall cease to maintain said
open space at the end of said year. If the Recreation Commission shall
determine such organization is not ready and able to maintain said
open space in a reasonable condition, the Borough may, in its discretion,
continue to maintain said open space during the next succeeding year,
subject to similar hearing and determination in each year thereafter.
The decision of the Recreation Commission in any case shall constitute
a final administrative decision, subject to judicial review.
D.
The cost of such maintenance by the Borough shall
be assessed pro rata against the properties within the development
that have a right of imposition of the lien and shall become a lien
and tax on said properties and be added to and be part of the tax
to be levied and assessed thereon and enforced and collected with
interest by the same officer and in the same manner as other taxes.
A.
Site plans.
(1)
Upon the submission to the Clerk of the Planning Board or administrative officer of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief, pursuant to § 100-21 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Clerk of the Planning Board or within such further time as may be consented to by the applicant.
(2)
Upon the submission of a complete application for
a site plan of more than 10 acres, the Planning Board shall grant
or deny preliminary approval of the site plan within 95 days of the
date of such submission or within such further time as may be consented
to by the applicant.
B.
Subdivisions.
(1)
Upon the submission to the Clerk of the Planning Board of a complete application for a minor subdivision, as defined in § 100-46 of this chapter, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for minor subdivision approval also involves an application for relief, pursuant to § 100-21 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the Clerk of the Planning Board or within such further time as may be consented to by the applicant.
(2)
Upon the submission of a complete application for
a major subdivision, the Planning Board shall grant or deny preliminary
approval within 95 days of the date of such submission or within such
further time as may be consented to by the developer.
C.
Failure of the Planning Board to reach a decision
within the specified time periods or extensions thereof shall result
in the approval of the subdivision and/or site plan as submitted.
D.
The Planning Board may waive site plan approval requirements
if the construction or alteration or change of occupancy or use does
not affect existing circulation, drainage, relationships of buildings
to each other, landscaping, buffering, lighting and other considerations
of site plan review.
E.
If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of a hearing, an amended application for development
shall be submitted and proceeded upon as in the case of the original
application for development. The Planning Board shall, if the proposed
development complies with this chapter, grant preliminary subdivision
or site plan approval.
F.
Nothing herein shall be construed to limit the right
of a developer to submit a sketch plat to the Planning Board for informal
review, and neither the Planning Board nor the developer shall be
bound by any discussion or statements made during such review, provided
that the right of the developer at any time to submit a complete application
for subdivision or site plan approval shall not be limited by his
submission of a sketch plat, and the time for the Planning Board's
decision shall not begin to run until the submission of a complete
application.
Preliminary approval of a major subdivision
or site plan, except as provided in Subsection D of this section,
shall confer upon the applicant the following rights for a three-year
period from the date of the preliminary approval:
A.
That 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, existing natural resources to be
preserved in the site; vehicular and pedestrian circulation, parking
and loading; screening, landscaping and location of structures; exterior
lighting, both for safety reasons and streetlighting, 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.
B.
That 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 or site
plan.
C.
That the applicant may apply for and the reviewing
board may grant an extension on such preliminary approval for an additional
period 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.
D.
In the case of a subdivision or site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsections A, B and C above for such period of time, longer than three years, as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
A.
The reviewing board shall grant final approval if
the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by this chapter
for final approval; the conditions of preliminary approval; the completion
of required improvements; certification that all taxes and water,
sewer and other assessments are paid through the last billing; and,
in the case of a major subdivision, the standards prescribed by the
Map Filing Law, N.J.S.A. 46:23-9.9 et seq., provided that in the case
of a planned development, the reviewing body may permit minimal deviations
from the conditions beyond the control of the developer since the
date of preliminary approval without the developer being required
to submit another application for development for preliminary approval.
B.
Final approval shall be granted or denied within 45
days after submission of a complete application to the Clerk of the
approving authority or within such further time as may be consented
to by the applicant. Failure of the approving authority to act within
the period prescribed shall constitute a final approval of the application
for final approval as submitted, and a certificate of the Secretary
of the approving authority as to the failure of the approving authority
to act shall be issued on request of the applicant, and it shall be
sufficient in lieu of the written endorsement or other required evidence
of approval.
C.
A complete application for final approval shall consist
of the following, where applicable:
(1)
A properly completed final subdivision or site plan
approval form.
(2)
The required fee.
(3)
Complete required improvements.
(4)
A site plan in final form, including all the information
shown on the preliminary plan, plus whatever is required as a condition
of final approval.
(5)
A subdivision plat conforming with the Map Filing
Law, N.J.S.A. 46:23-9.9 et seq.
A.
The approving authority, when acting upon applications
for major or minor subdivision approval, shall have the power to grant
such exceptions from the requirements for subdivision approval as
may be reasonable and within the general purpose and intent of the
provisions for subdivision review and approval of this chapter, if
the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
B.
The approving authority, when acting upon applications
for preliminary site plan approval, shall have the power to grant
such exceptions from the requirements for site plan approval as may
be reasonable and within the general purpose and intent of this chapter
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
C.
The approving authority shall have the power to review
and approve or deny site plans simultaneously with review for subdivision
approval without the developer being required to make further application
to the approving authority or the approving authority being required
to hold further hearings. The longest time period for action by the
approving authority, whether it be for subdivision or site plan approval,
shall apply.
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 100-41 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivisions, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 100-47 of this chapter. If the developer has followed the standards prescribed for final approval and, in the case of subdivision, has duly recorded the plat as required in § 100-47 of this chapter, the approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval, pursuant to § 100-41 of this chapter, for the section granted final approval.
B.
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the approving authority may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the reviewing board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
A.
Before recording of final subdivision plats or as
a condition of final site plan approval, the approving authority may
require and shall accept, in accordance with the standards adopted
by this chapter for the purpose of assuring the installation and maintenance
of on-tract and off-tract improvements:
(1)
The furnishing of a performance guaranty in favor
of the Borough in an amount not to exceed 120% of the cost of the
installation for final roadway wearing surface, monuments, landscaping,
walks and shade trees. All other improvements on tract and off tract
are to be completed and approved by the Borough of Stanhope as shown
on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9
et seq., provided that no more than 10% of the total performance guaranty
shall be required to be in cash, and the balance shall be in the form
of a bond from a bonding company approved by the Borough Council and
the State of New Jersey. The Borough Engineer shall review the improvements
required by the approving authority, which are to be bonded, and itemize
their cost. Said itemization shall be the basis for determining the
amount of performance guaranty and maintenance guaranty required by
the approving authority. The Borough Engineer shall forward his estimate
of the cost of improvements to the applicant within 30 days of the
date of receipt of a request, by certified mail, for said estimate.
The developer will provide for year-round maintenance until the Borough
of Stanhope assumes responsibilities.
(2)
The furnishing of a maintenance guaranty to be posted
with the Borough Council for a period not to exceed two years after
final acceptance of the improvement in an amount not to exceed 15%
of the cost of the improvement. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or the improvements are covered by a performance or
maintenance guaranty to another governmental agency, no performance
or maintenance guaranty, as the case may be, shall be required for
such utilities or improvements.
B.
The amount of any performance guaranty may be reduced
by the Borough Council by resolution when portions of the improvements
have been certified by the Borough Engineer to have been completed.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be established by the Borough
Council by resolution.
C.
If the required improvements are not completed or
corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable therefor to the Borough for the
reasonable cost of the improvements not completed or corrected, and
the Borough may, either prior to or after the receipt of the proceeds
thereof, complete such improvements.
D.
When all of the required improvements have been completed,
the obligor shall notify the Borough Council in writing, by certified
mail addressed in care of the Borough Clerk, of the completion of
said improvements and shall send a copy thereof to the Borough Engineer.
Thereupon, the Borough Engineer shall inspect all of the improvements
and shall file a detailed report, in writing, with the Borough Council,
indicating either approval, partial approval or rejection. If partial
approval is indicated, the cost of the improvements rejected shall
be set forth.
E.
The Borough Council shall either approve, partially
approve or reject the improvements on the basis of the report of the
Borough Engineer and shall notify the obligor in writing, by certified
mail, of the contents of said report and the action of said approving
authority with relation thereto not later than 65 days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guaranty, except for the
improvements not yet approved. Failure of the Borough Council to send
or provide such notification to the obligor within 65 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.
F.
If any portion of the required improvements are rejected,
the approving authority may require the obligor to complete such improvements
and, upon completion, the same procedure of notification as set forth
in this section shall be followed.
G.
The obligor shall reimburse the Borough for all reasonable
inspection fees paid the Borough Engineer for the foregoing inspection
of improvements.
A.
The Planning Board may waive notice and public hearing for an application for development if the Subdivision Committee of the Planning Board appointed by the Chairman finds that the application for development conforms to the definition of minor subdivision in § 100-3 of this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board of said Subdivision Committee may condition such approval on terms ensuring the provision of improvements pursuant to Article XVIII of this chapter.
B.
Minor subdivision approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the Secretary of the Planning Board or within such further time
as may be consented to by the applicant. Failure of the Planning Board
to act within the period prescribed shall constitute minor subdivision
approval, and a certificate of the Clerk of the Planning Board as
to the failure of the Planning Board to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other evidence of approval herein required and shall
be so accepted by the county recording officer for purposes of filing
subdivision plats.
C.
Approval of a minor subdivision shall expire 190 days
from the date of municipal approval unless within such period a plat
in conformity with such approval and the provisions of the Map Filing
Law or a deed clearly describing the approved minor subdivision is
filed by the developer with the county recording officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed accepted
for such filing shall have been signed by the Chairman and Secretary
of the Planning Board. In reviewing the application for development
for a proposed minor subdivision, the Planning Board may accept a
plat not in conformity with the Map Filing Law, provided that if the
developer chooses to file the minor subdivision as provided herein
by plat rather than deed, such plat shall conform with the provisions
of said law.
D.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision approval
was granted shall not be changed for a period of two years after the
date of minor subdivision approval, provided that the approved minor
subdivision shall have been duly recorded as provided herein.
A.
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the county
recording officer. The approving authority may, for good cause shown,
extend the period for recording for an additional period not to exceed
190 days from the date of signing of the plat.
B.
Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the Planning Board or a copy of the certificate, signed by the Chairman and Secretary of the Planning Board, indicating that the approving authority failed to reach a decision on the subdivision application within the prescribed time. The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guaranties required pursuant to § 100-45 of this chapter.
A.
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 person
shall be subject to a penalty not to exceed $500, and each lot disposition
so made may be deemed a separate violation.
A.
The prospective purchaser, prospective mortgagee or
any other person interested in any land which forms part of a subdivision
or which formed part of such a subdivision three years preceding August
1, 1976, may apply in writing to the Planning Board Chairman for the
issuance of a certificate certifying whether or not such subdivision
has been approved by the Planning Board. Such application shall contain
a diagram showing the location and dimension of the land to be covered
by the certificate and the name of the owner thereof.
B.
The Planning Board Chairman shall make and issue such
certificate within 15 days after the receipt of such written application
and the fees therefor. Said officer shall keep a duplicate copy of
each certificate, consecutively numbered, including a statement of
the fee charged, in a binder as a permanent record of his or her office.
C.
Each such certificate shall be designated a "certificate
as to the approval of subdivision of land" and shall certify:
(1)
That there exists in the Borough of Stanhope a duly
established Planning Board and that there is an ordinance controlling
subdivision of land adopted under the authority of the Municipal Land
Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
(2)
Whether the subdivision, as it relates to the land
shown in said application, has been approved by the Planning Board
and, if so, the date of such approval and any extensions and terms
thereof, showing that the subdivision of which the lands are a part
is a validly existing subdivision.
D.
The Planning Board Chairman shall be entitled to demand
and receive for such certificate issued by him a reasonable fee not
in excess of that provided in N.J.S.A. 54:5-14 and 54:5-15. The fees
so collected by the Borough Clerk shall be paid by him or her to the
Borough.
