[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 3-28-1988 as Ord. No. 88-3.
Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 129.
Fees and licenses — See Ch. 147.
Fire prevention — See Ch. 155.
Garbage, rubbish and refuse — See Ch. 161.
Recycling — See Ch. 213.
Sewers and sewage disposal — See Ch. 219.
Streets and sidewalks — See Ch. 225.
Trees and shrubs — See Ch. 247.
Affordable housing — See Ch. 275.
Flood damage prevention — See Ch. 281.
Housing rehabilitation — See Ch. 288.
Land use procedures — See Ch. 291.
Soil removal — See Ch. 297.
Stormwater control — See Ch. 301.
Zoning — See Ch. 310.
Sanitary standards — See Ch. 333.
This chapter shall be known as the "Subdivision and Site Plan Ordinance"
of the Borough of New Providence.
The purpose of this chapter shall be to provide rules, regulations and
standards to guide land use and development in the Borough of New Providence
in order to promote the public health, safety, convenience and general welfare
of the Borough. It shall be administered to ensure the orderly growth and
development, conservation, protection and proper use of land and adequate
provision for circulation, utilities and services.
All definitions found in the Municipal Land Use Law and the Zoning Ordinance
of the Borough of New Providence[1] shall apply to this chapter.
A.
Required approvals.
(1)
Review and approval of subdivision plats shall be required
prior to the filing of the plats with the county recording officer.
(2)
Site plan review and approval shall be required before
any change of use or addition of use or before any excavation, removal of
soil, clearing of a site or placing of any fill on lands in New Providence.
Except as hereinafter provided, no construction permit shall be issued for
any structure or use or reduction or enlargement in size or other alteration
of any structure or use or change in use of any structure, including accessory
structures, unless a site plan is first submitted and approved. No certificate
of occupancy shall be given unless all construction and development conform
to the site plan as approved.
B.
Exemptions and exceptions.
(1)
Subdivision or individual lot applications for detached
one- or two-dwelling unit buildings or any uses accessory thereto, such as
a private garage or storage shed incidental to residential uses, shall be
exempt from site plan review and approval, but this shall not limit the requirements
for submission and approval of site plans and subdivision plats as otherwise
required by this chapter.
(2)
When acting upon applications for preliminary or minor
subdivision approval or preliminary site plan approval, the reviewing board
shall have the power to grant such exceptions from the requirements for subdivision
or site plan approval as may be reasonable and within the general purpose
and intent of the provisions 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.
(3)
No amendment shall be required to any subdivision or
site plan application submitted before the effective date of this chapter.
A.
Planning Board. The approval provisions of this chapter
shall be administered by the Planning Board of the Borough of New Providence.
B.
Board of Adjustment. The Board of Adjustment shall have
the power to grant, to the same extent and subject to the same restrictions
as the Planning Board, subdivision or site plan approval whenever the proposed
development requires approval by the Board of Adjustment of a D variance pursuant
to Municipal Land Use Law, N.J.S.A. 40:55D-70d (Chapter 291, Land Use Procedures,
§ 291-6D).
All subdivision and site plan applications shall conform to the applicable
provisions of the Zoning Ordinance, the Land Use Procedures Ordinance[1] and this chapter.
A.
Informal. Developers are encouraged to request an informal
review of a concept plan for a development for which the developer intends
to prepare and submit an application. The developer shall not be bound by
any concept plan for which review is requested, and the reviewing board shall
not be bound by any such review.
B.
Minor.
(1)
Applications for development that conform to the definition
of "minor subdivision" or "minor site plan" shall be classified as minor applications.
(2)
Sketch plats shall be required for minor subdivision
applications. Other plats and engineering documents required for major subdivisions
shall not be required.
C.
Site plan and major subdivision.
(1)
Applications not conforming to the definitions for minor
site plan or minor subdivision shall be classified as site plan and major
subdivision applications, respectively.
(2)
(3)
Additional information required to make an informed decision
as to whether the application meets the requirements of this chapter are specified
on the application forms and in their instructions and shall be submitted
along with the site plan and plats.
(5)
Subdivision plats, site plans and any engineering documents
may be submitted in tentative form for discussion purposes for preliminary
approval. All architectural plans submitted for preliminary site plan approval
shall be sufficient if they contain preliminary plans and elevations.
(6)
If the reviewing 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 shall be submitted and processed,
as in the case of the original application for development.
D.
Planned developments.
(1)
Applications for development that conform to the definition
for planned commercial development, planned development, planned unit development,
planned unit residential development or residential cluster shall be classified
as planned development applications.
(2)
Subdivision plats and site plans for planned developments
shall include all information required for site plan and major subdivision
applications.
(3)
Additional information required to make an informed decision
as to whether the application meets the requirements of this chapter and the
Zoning Ordinance[3] are specified on the application forms and in their instructions
and shall be submitted along with the site plans and plats.
(4)
Applications for final approval for planned unit developments,
planned unit residential developments or residential clusters may include
minimal deviations from the conditions of preliminary approval necessitated
by change of conditions beyond the control of the developer since the date
of preliminary approval. The developer, in these situations, shall not be
required to submit another application for development for preliminary approval.
A.
Submission requirements.
(2)
Each application for subdivision approval, where required
pursuant to Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), and each
application for site plan approval, where required pursuant to Section 8 of
P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), shall be submitted by the applicant
to the Union County Planning Board for review or approval, as required by
the aforesaid sections. The New Providence Planning Board or Board of Adjustment
shall condition any approval that it grants upon timely receipt of a favorable
report on the application by the Union County Planning Board or approval by
the Union County Planning Board by its failure to report thereon within the
required time period.
(3)
The applicant shall submit copies of the site plan application
to the Somerset-Union County Soil Conservation District office.
(4)
No application for site plan approval shall be deemed
complete in the absence of proof that a plan for soil erosion and sedimentation
control has been submitted as required above or proof that such a plan is
not required for the particular application. If the Conservation District
has failed to grant or deny certification of the erosion plan at the time
of preliminary approval of applicant's site plan, preliminary approval
shall be conditioned on certification of the applicant's erosion plan.
(5)
No application for development for a structure within
the area which would be inundated by the one-hundred-year design flood of
any nondelineated stream or for a change in land use within a delineated floodway
or any state-administered and -delineated flood fringe area, when such change
would require approval by the Department of Environmental Protection, may
be granted by the New Providence Planning Board or Board of Adjustment to
any person without application to and approval by said Department as required
pursuant to N.J.S.A. 58:16A-55.3.
(6)
No application after July 1, 1988, for development in
an area designated as a freshwater wetland nor after July 1, 1989, for development
in a transition or buffer area adjacent to a freshwater wetland may be granted
by the New Providence Planning Board or Board of Adjustment to any person
without application to and approval by the Department of Environmental Protection
as required pursuant to the New Jersey Freshwater Wetlands Protection Act
(N.J.S.A. 13:9B-1 et seq.).
B.
Notice requirements.
(1)
Notice of hearings on all applications for both preliminary
and final approval are required as are hearings on all application covered
by § 305-8E.
(2)
The reviewing board may waive the notice requirements
of this chapter for minor applications, and no notice shall be required for
informal applications.
B.
Review.
(1)
Time period for filing.
(a)
The Planning Board or Board of Adjustment shall have
the number of days specified in this section from the filing of a complete
application, as defined in the Land Use Procedures Ordinance,[2] to grant or deny an application unless:
[1]
The applicant consents to further time for review of
the application; or
(b)
In the former case, the reviewing board shall have as
long to complete its review as agreed to by the applicant. In the latter case,
the review period shall be the longer period specified in this section.
(2)
If the applicant has requested simultaneous approval
of conditional uses or site plans with subdivision approval, the longest time
period for action by the reviewing board, whether it is for subdivision, conditional
use or site plan approval, shall apply.
(3)
Failure of the reviewing board to act within the period
prescribed shall constitute approval of the application, and a certificate
of the Borough Clerk as to the failure of the board to act shall be issued
on request to 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.
Forty-five-day review period. The review period for the
following types of applications shall be 45 days, except as noted in Subsection
B(1) above: minor site plan, minor subdivision, preliminary site plan which
involves 10 acres of land or less than 10 dwelling units or fewer, preliminary
major subdivision of 10 or fewer lots, final approval of site plan and final
approval of major subdivision.
D.
Ninety-five-day review period. The review period for
the following types of applications shall be 95 days except as noted in Subsection
B(1) above: preliminary site plan which involves more than 10 acres or more
than 10 dwelling units, preliminary subdivision of more than 10 lots and site
plan review required as part of an application for conditional use.
E.
One-hundred-twenty-day review period.
(1)
The review period for an application for approval of
a subdivision plat or a site plan which includes a request for relief for
any of the reasons specified below shall be 120 days: the Zoning Ordinance[4] prohibition of a building or structure in the bed of a mapped
street or public drainageway, flood control basin or public area identified
on the Official Map; the Zoning Ordinance prohibition of a building or structure
not related to a street; an application to the Planning Board or Board of
Adjustment for a C variance pursuant to the Municipal Land Use Law, N.J.S.A.
40:55D-70c; an application to the Board of Adjustment for a D variance pursuant
to the Municipal Land Use Law, N.J.S.A. 40:55D-70d; an appeal of any decision
by the Zoning Officer; or a direct application which, if submitted to the
Zoning Officer, would result in a disapproval.
(2)
In the event that the developer elects to submit to the
Planning Board or Board of Adjustment separate consecutive applications for
any condition of Subsection E(1) above or to the Board of Adjustment for a
D variance, the one-hundred-twenty-day review period shall apply to the application
for approval of the variance or building or structure location. The period
for granting or denying and subsequent approval of the subdivision plat or
site plan shall be as specified in Subsections C and D of this section.
(3)
The Board of Adjustment may refer applications with a
one-hundred-twenty-day period to the Planning Board for its report, provided
that such reference shall not extend the period of time within which the Board
of Adjustment shall act.
A.
Minor applications.
(1)
Approval of a minor application shall be deemed to be
final approval of the application, provided that the applicant shall be required
to provide all applicable improvements required in this chapter.
(2)
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision or minor site
plan approval was granted shall not be changed for a period of two years after
the date of approval, provided that the approved minor subdivision shall have
been duly recorded as provided in this section.
(3)
Approval of a minor subdivision shall expire 190 days
from the date of board approval unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law[1] or a deed clearly describing the approved minor subdivision is
filed by the developer with the county recording officer, the Borough Engineer
and the Borough Tax Assessor. Any such plat or deed accepted for such filing
shall have been signed by the chairman and secretary of the reviewing board.
In reviewing the application for development for a proposed minor subdivision,
the Planning Board or Board of Adjustment 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 therein by plat rather than deed, such plat
shall conform with the provisions of said law.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Preliminary approval.
(1)
The Planning Board or Board of Adjustment shall, if the
proposed subdivision or site plan complies with this chapter and the requirements
set forth in the Municipal Land Use Law, grant preliminary approval to the
subdivision or site plan.
(2)
Preliminary approval of a major subdivision or of a site
plan shall confer upon the applicant the following rights for a three-year
period from the date of the preliminary approval:
(a)
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, natural resources to be preserved on the site; vehicular and pedestrian
circulation; parking and loading; screening; landscaping; location of structures;
and 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 the public health and safety.
(b)
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, as the case may be.
(c)
The applicant may apply for and the approving board may
grant extensions on such preliminary approval for additional periods of at
least one year but not to exceed a total expansion of two years, provided
that if the design standards have been revised by ordinance, such revised
standards may govern.
C.
Final approval.
(1)
Final approval shall be granted if the detailed drawings,
specifications and estimates of the application for final approval conform
to the standards of §§ 305-17 and 305-18 of this chapter, the
conditions of preliminary approval and, in the case of a major subdivision,
the standards prescribed by the Map Filing Law.[2]
[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer pursuant
to this section, 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 a major subdivision, the rights conferred by this section shall
expire if the plat has not been duly recorded within the time period provided
in this section. If the developer has followed the standards prescribed for
final approval and, in the case of a subdivision, has duly recorded the plat
as required, the approving agency 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 this section for the section
granted final approval.
(3)
All development shall be substantially in accordance
with the final development plan, provided that the reviewing board may permit
a deviation from the final plan if caused by change of conditions beyond the
control of the developer since the date of final approval and the deviation
would not substantially alter the character of the development or substantially
impair the intent and purpose of the Master Plan and Zoning Ordinance.[3]
(4)
All on-site and off-tract improvements that may be required
pursuant to §§ 305-10, 305-11 and 305-12 of this chapter shall
be completed either prior to or subsequent to final approval of the subdivision
or site plan, provided that all improvements to be completed subsequent to
final approval may be subject to a performance guaranty as provided for in
§ 305-15.
(5)
Final approval may, at the request of the developer,
be by stages or sections of the development. A floor of a multifloor structure
may be considered a stage or section of the development.
(6)
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 board 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.
(7)
No subdivision plat shall be accepted for filing by the
county recording officer until it has been approved by the Planning Board
or Board of Adjustment as indicated on the instrument by the signature of
the chairman and secretary of the approving board or a certificate has been
issued in accordance with § 305-8B(3) of this chapter. The signatures
of the chairman and secretary of the approving board shall not be affixed
until the developer has posted the guaranties required pursuant to § 305-15
of this chapter.
D.
Simultaneous approval.
(1)
The Planning Board and the Board of Adjustment shall
have the power to grant preliminary and final approval simultaneously, provided
that all application requirements have been met.
(2)
The Planning Board and the Board of Adjustment shall
have the power to review and approve or deny conditional uses or site plans
simultaneously with review for subdivision approval without the developer
being required to make further application to the reviewing board or that
board being required to hold further hearings.
E.
Planned developments. In order to grant subdivision or
site plan approval for a planned development, the Planning Board or the Board
of Adjustment shall find the following facts and conclusions:
(2)
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)
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)
The proposed planned 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, 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.
(6)
All other requirements of this chapter for preliminary
and final approval shall apply.
The subdivider shall observe the following requirements and principles
of land subdivision in the design of each subdivision or portion thereof:
A.
General. The subdivision plat shall conform to design
standards that will encourage good development patterns within the borough
and shall conform to the proposals and conditions shown in the Master Plan
and the Official Map. The streets, drainage, rights-of-way, school sites,
public parks and playgrounds shown in the Master Plan or on the Official Map
shall be considered in the approval of subdivision plats.
B.
Streets. Streets shall be such as to lend themselves
to the harmonious development of the borough and enhance the public welfare
in accordance with the following design standards:
(1)
The arrangement 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 reverse frontage with a buffer strip for planting
or some other means of separation of through and local traffic as the reviewing
board may determine appropriate.
(4)
The right-of-way width for all streets shall be measured
from lot line to lot line and shall not be less than 50 feet, except that
the right-of-way width for minor streets, internal roads and alleys shall
be determined on an individual basis and shall in all cases be of sufficient
width and design to safely accommodate the maximum traffic, parking and loading
needs and maximum access for fire-fighting equipment.
(5)
No subdivision showing reserve strips controlling access
to streets shall be approved except where the control and disposal of land
comprising such strips has been placed with the Mayor and Borough Council
under conditions approved by the reviewing board.
(6)
Subdivisions that adjoin or include existing streets
that do not conform to widths as shown on the Master Plan or the Official
Map or the street width requirements of this chapter shall dedicate additional
width along one or both sides of said streets. If the subdivision is along
one side of said street only, one-half (1/2) of the required extra width shall
be dedicated.
(7)
Grades of arterial and collector streets shall not exceed
4%. Grades on other streets shall not exceed 10%. No street shall have a minimum
grade less than one-half of one percent (1/2 of 1%). Maximum grade within
any intersection shall not exceed 3%, and approaches to any intersection shall
follow a straight course within 100 feet of the intersection. Streets shall
follow the contours of the land wherever possible.
(8)
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60°. The block corners
of intersections shall be rounded at the curbline with a curve having a radius
of not less than 20 feet and shall have a clear sight angle of not less than
30 feet at the street and lot line.
(9)
Street jogs with center line offsets of less than 125
feet shall be prohibited.
(10)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(11)
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.
(13)
Dead-end streets.
(a)
Dead-end streets (culs-de-sac) shall be no longer than
600 feet and shall provide a turnaround at the end with a radius of not less
than 50 feet and tangent whenever possible to the right side of the street.
(b)
If a dead-end street is of a temporary nature, a similar
turnaround shall be provided and provisions made for future extension of the
street and reversion of the excess right-of-way to the adjoining properties.
(14)
No street shall have a name which will duplicate or be
so nearly duplicate as to be confused with the names of existing streets.
The continuation of an existing street shall have the same name, unless the
reviewing board waives this requirement. All street names shall be subject
to approval by the reviewing board.
C.
D.
Lots.
(2)
In so far as is practical, side lot lines shall be at
right angles to straight streets and radial to curved streets.
(3)
Each lot must front upon an approved street at least
50 feet in width.
(4)
Where extra width has been dedicated for the widening
of existing streets, lots shall begin at such extra wide 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 formations,
flood conditions or similar circumstances, the reviewing board may, after
adequate investigation, withhold approval of such lots.
E.
Public use and service areas.
(1)
In large-scale developments, easements along rear property
lines or elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and located in consultation with the companies
and borough departments concerned.
(2)
Where a subdivision is traversed by a watercourse, public
drainageway channel or street, 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 and land contours,
shall be preserved whenever possible in designing any subdivision containing
such features.
F.
Other requirements. Any required walkways, curbs, gutters,
streetlights, shade trees, fire hydrants and water, drainage and sewerage
facilities and other improvements as shall be found necessary shall be provided
as required by the Borough Engineer.
G.
Flexible designs. A developer may submit a subdivision
application for a conventional subdivision varying the lot areas and dimensions
and yards and setbacks otherwise required by the Zoning Ordinance[3] in such a way that the average lot areas and dimensions, yards
and setbacks within the subdivision conform to the conventional norms so that
the flexibility, economy and environmental soundness in layout and design
is enhanced, provided that such variations shall be appropriate to the type
of development permitted.
The following criteria have been set forth as a guide for evaluating
the adequacy of proposed development in the borough. The Planning Board or
Board of Adjustment shall review the site plan for compliance with all applicable
ordinances and the Master Plan; for harmony with surrounding uses and the
overall plan for development of the borough; for the promotion of the health,
safety, order, efficiency and economy of the borough; and for the maintenance
of property values and the general welfare. Based upon its review and the
degree to which it can make positive findings, the reviewing agency may approve,
conditionally approve, request modifications or deny approval of the site
plan based on evaluation of the site plans details with respect to the following:
A.
Pedestrian and vehicular traffic.
(1)
Pedestrian and vehicular traffic and movement within
and adjacent to the site, with particular emphasis on the provision and layout
of parking areas, off-street loading and unloading and the movement of people,
goods and vehicles from access roads, within the site, between buildings and
between buildings and vehicles. The reviewing board shall ensure that all
parking spaces are usable and are safely and conveniently arranged.
(2)
Access to the site from adjacent roads shall be designed
so as to interfere as little as possible with traffic flow on these roads
and to permit vehicles a rapid and safe ingress and egress to the site.
B.
Building design. The design and layout of buildings and
parking areas shall be reviewed so as to provide an aesthetically pleasing
design and efficient arrangement. Particular attention shall be given to safety
and fire protection, impact on surrounding development and contiguous and
adjacent buildings and lands.
C.
Lighting. Adequate lighting shall be provided to ensure
safe movement of persons and vehicles and for security purposes. Lighting
standards shall be a type approved by the reviewing board. Directional lights
shall be arranged so as to minimize glare and reflection on adjacent properties.
D.
Buffer areas. Buffering shall be located around the perimeter
of the site to minimize headlights of vehicles, noise, light from structures
and the movement of people and vehicles and to shield activities from adjacent
properties when necessary. Buffering may consist of fencing, evergreens, shrubs,
bushes, deciduous trees or combinations thereof to achieve the stated objectives.
E.
Landscaping. Landscaping shall be provided as part of
the overall site plan design and integrated into building arrangements, topography
and parking and buffering requirements. Landscaping shall include trees, bushes,
shrubs, ground cover, perennials, annuals, plants, sculpture, art and the
use of building and paving materials in an imaginative manner.
F.
Signs. Signs shall be designed so as to be aesthetically
pleasing, harmonious with other signs on the site and located so as to achieve
their purpose without constituting hazards to vehicles and pedestrians.
G.
Water, storm and sanitary facilities. Storm drainage,
sanitary waste disposal, water supply and solid waste disposal shall be reviewed
and considered. Particular emphasis shall be given to the adequacy of existing
systems and the need for improvements, both on-site and off-site, to adequately
carry runoff and sewage and to maintain an adequate supply of water at sufficient
pressure.
H.
Solid waste disposal. Solid waste disposal shall be adequate
to ensure freedom from vermin and rodent infestation. All disposal systems
shall meet borough specifications as to installation and construction.
I.
Environment. Environmental elements relating to soil
erosion, preservation of trees, protection of watercourses and resources,
noise, topography, soil and animal life shall be reviewed, and the design
of the plan shall minimize any adverse impact on these elements.
J.
Flood areas. Developments in land designated as subject
to flooding to avoid danger to life or property.
K.
Conservation of energy. Conservation of energy and use
of renewable energy sources.
L.
Recycling. Provisions for recycling of reusable materials
in conformance with borough ordinances.
A.
Density or intensity of land use. The Planning Board
or Board of Adjustment may, subject to the limitations of Chapter 310, Zoning,
§§ 310-22 and 310-46, allow for a greater concentration of
density or intensity of land use within a section or sections of development.
If a greater concentration of density or intensity of land use for any section
of a development is permitted, it shall be offset by a smaller concentration
in another or other sections to provide common open space.
B.
Procedure for reviewing applications. In reviewing all
applications for planned developments, the reviewing board shall consider
a general development plan of the proposed project. The development plan shall
show the proposed use, dimensions and locations of proposed structures and
of areas to be reserved for vehicular and pedestrian circulation, parking,
public uses such as schools and playgrounds, landscaping and other open spaces.
The board shall review architectural drawings and sketches demonstrating the
design, character of the proposed uses and physical relationship of the uses
and such other pertinent information as may be necessary. The board shall
review such plans to determine that the standards set forth herein are adhered
to.
D.
Vehicular and pedestrian circulation.
(1)
There shall be adequate, safe and convenient arrangement
of pedestrian circulation facilities, roadways, driveways, off-street parking
and loading space.
(2)
There shall be adequate and suitably located pedestrian
walks and landscaped spaces to discourage pedestrian use of the roadways,
driveways and parking spaces used for vehicular circulation.
E.
Paving and drainage. There shall be adequate design of
grades, paving, gutters, drainage and treatment of turf to handle stormwaters
and prevent erosion and formation of dust.
F.
Signs and lighting. Signs and lighting shall be so installed
as to eliminate any nuisance to adjoining properties or roadways and streets.
G.
Open space.
(2)
Open space resulting from a planned development may at
any time, and from time to time, be accepted by the Borough Council for public
use and maintenance.
(3)
Open space resulting from all planned developments, except
planned commercial developments, not dedicated to the borough shall be assigned
for ownership and maintenance to an organization provided for this purpose
by the developer. Such organization shall not be dissolved and shall not dispose
of any open space, by sale or otherwise, except to an organization which is
conceived and established to own and maintain the open space for the benefit
of such development and which thereafter shall not be dissolved or dispose
of any of its open space without first offering to dedicate the same to the
borough. The developer shall be responsible for the maintenance of any such
open space until such time as the organization established for its ownership
and maintenance shall be formed and functioning and shall be required to furnish
a performance guaranty for such maintenance for a period of two years after
the date of acceptance of all public streets in the development.
(4)
All documents pertaining to any organization established
to own and maintain common open space shall be subject to review and approval
of the Borough Attorney, who shall require that all portions thereof be recorded
as convenants running with the land.
H.
Failure to maintain open space.
(1)
In the event that the organization shall fail to maintain
the open space in reasonable order and condition, the Zoning Officer shall
serve written notice upon such organization or upon the owners of the development
setting forth the manner in which the organization or the owner has failed
to maintain the open space in reasonable condition and demanding that such
deficiencies be cured within 35 days. This notice shall also state the date
and place of a hearing thereon, which shall be held within 15 days of the
date of the notice. At such hearing, the board which granted approval of the
development may modify the terms of the original notice as to deficiencies
and may give an extension of time not to exceed 65 days within which they
shall be remedied. If the deficiencies set forth in the original notice or
in the modification thereof shall not be remedied within 35 days of the date
of the notice or within the period of any extension granted, 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 and is accepted
by the borough.
(2)
Hearing.
(a)
Before the expiration of said year, the reviewing board
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 the owners of the development,
to be held by the board, at which hearing such organization and the owners
of the development shall show cause why such maintenance by the borough shall
not, at the discretion of the borough, continue for a succeeding year.
(b)
If the board shall determine that such organization is
ready and able to maintain such open space in reasonable condition, the borough
shall cease to maintain said open space at the end of said year. If the board
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 a
similar hearing and determination, in each year thereafter.
(3)
The decision of the reviewing board in any case shall
constitute a final administrative decision subject to judicial review.
(4)
The cost of such maintenance by the borough shall be
assessed pro rata against the properties within the development that have
a right of enjoyment of the open space in accordance with assessed value at
the time of imposition of the lien and shall become a lien and tax on such
properties and be added to and be a part of the taxes to be levied and assessed
thereon.
I.
Affordable housing.
(1)
In reviewing all applications for developments that include
affordable housing dwelling units, the reviewing board shall favorably consider
requests for variances from the standards of this chapter and the Zoning Ordinance,[1] provided that the applicant has shown that:
(a)
The resulting change will satisfy the intent of the standard;
(b)
The resulting change will be designed in accordance with
acceptable engineering and/or architectural practices;
(c)
The resulting change will not have adverse health and/or
safety impacts on the residents of the borough or the surrounding area; and
(d)
The resulting change will not reduce the useful life
of the improvement.
(2)
Should a particular project require construction not
covered in the borough standards, the proposed design will be evaluated on
the basis of normally accepted engineering and/or architectural design practices.
In the case of nonconstruction-related items, the proposed design will be
evaluated on the basis of normally accepted engineering, architectural and/or
planning practices.
A.
General requirements. If the Master Plan or the Official
Map provide for the reservation of designated streets, public drainageways,
flood control basins or public areas within the proposed development, before
approving a subdivision or a site plan, the reviewing board shall require
that such streets, ways, basins or areas be shown on the plat or site plan
in locations and sizes suitable to their intended uses. The reviewing board
may reserve the location and extent of such streets, ways, basins or areas
shown on the plat for a period of 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 private use in accordance
with applicable development regulations.
B.
Applicability. The provision 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.
C.
Compensation. 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 instances, 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 reserve 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 services incurred in connection with obtaining subdivision
approval or site plan approval, as the case may be, caused by the reservation.
A.
As a condition for approval of a subdivision or site
plan, a developer may be required by the reviewing board to pay his pro-rata
share of the cost of providing reasonable and necessary street improvements
and water, sewerage and drainage facilities and easements therefor and other
improvements deemed necessary located outside the property limits of the subdivision
or development but necessitated or required by construction or improvements
within such subdivision or development.
B.
Requirements for providing off-street improvements shall
be based on the circulation and utility service plan elements of the Borough
Master Plan. The pro-rata amount of the cost of such facilities that shall
be borne by each developer or owner within a related and common area shall
be determined by the reviewing board in accordance with the following standards:
(1)
Street improvements. The developer's share shall
be based on the average daily traffic generated by the proposed development
as a proportion of total estimated average daily traffic on the street based
on complete development under existing zoning.
(2)
Water, sewer and drainage improvements. The developer's
share shall be based on capacity required by the development in question as
a proportion of total capacity for the service area in which the development
is located.
(3)
Other improvements.
(a)
The developer's share shall be determined by the
Borough Engineer.
(b)
Where a developer pays the amount determined as his pro-rata
share under protest, he shall institute legal action within one year of such
payment in order to preserve the right to a judicial determination as to the
fairness and reasonableness of such amount.
A.
Before final approval. Before recording of final subdivision
plats or as a condition of final plan approval, the reviewing board 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 improvements:
(1)
The furnishing of a performance guaranty to be posted
with the Borough Council in favor of the borough in an amount not to exceed
120% of the cost of installation for improvements it may deem necessary or
appropriate, 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, water mains, culverts, 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,
provided that no more than 10% of the total performance guaranties shall be
in cash and the balance shall be in the form of a bond from a bonding company
approved by the borough.
(2)
An itemization and cost estimate to be submitted by the
developer, and the Borough Engineer shall review the improvements and cost
estimates for reasonableness. Said itemization shall be the basis for determining
the amount of performance guaranty and maintenance guaranty required by the
reviewing board. 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 sent by certified mail for said estimate.
(3)
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 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.
Extensions.
(1)
The time allowed for installation of the improvements
for which the performance guaranty has been provided may be extended by the
Borough Council by resolution.
(2)
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.
C.
Default. If the required improvements are not completed
or corrected in accordance with the performance guaranty, the obligor and
surety, if any, shall be liable thereon to the borough for the reasonable
cost of the improvements not completed or corrected, and the borough may either
prior to or after receipt of the proceeds thereof complete such improvements.
D.
Completion. 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 of the improvements with a
statement of reasons for any partial approval or rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
E.
Council review. 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 Borough Council with
relation thereto, not later than 65 days after receipt of the notice from
the obligor of the completion of the improvements. When partial approval is
granted, the obligor shall be released from all liability pursuant to its
performance guaranty, except for the portion adequately sufficient to secure
provision of the improvements not yet approved, provided that 30% of the amount
of the performance guaranty posted may be retained to ensure completion of
all improvements. 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.
Rejection. If any portion of the required improvements
are rejected, the Borough Council 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.
Legal review. Nothing herein, however, shall be construed
to limit the right of the obligor to contest by legal proceedings any determination
of the Borough Council or the Borough Engineer.
H.
Inspection fees. The obligor shall reimburse the borough
for all reasonable inspection fees paid to the Borough Engineer for the foregoing
inspection of improvements, provided that the borough may require the developer
to post a deposit for all or a portion of the reasonably anticipated fees
to be paid to the Borough Engineer for such inspection.
I.
Staged development. The provisions of this section shall
apply to staged or section approval as permitted in § 305-9C.
J.
Contributions to housing fund.
(2)
Resolution. The resolution adopted by the approving board
shall condition its final approval on payment of the required fee at the time
a building permit is issued for the approved use. A copy of the resolution
of final approval shall be supplied to both the Construction Official and
the Housing Officer.
A.
Transfer before final subdivision approval.
(1)
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 or a subdivision for which approval
is required pursuant to this chapter, such person shall be subject to a penalty
not to exceed $1,000, and each lot disposition so made may be deemed a separate
violation. In addition to the foregoing, the borough may institute and maintain
a civil action:
(2)
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of land from which the subdivision
was made that remains in the possession of the developer or his assigns or
successors to secure the return of any deposits made or purchase price paid
and also a reasonable search fee, survey expense and title closing expense,
if any. Any such action must be brought within two years after the date of
the recording of the instrument of transfer, sale or conveyance of said land
or within six years, if unrecorded.
(3)
In addition to the foregoing, if the streets in the subdivision
are not such that a structure on said land in the subdivision would meet the
requirements for a building permit under Section 10 of the Official Map and
Building Permit Act (1953) (N.J.S.A. 40:55-1.39), the Borough of New Providence
may institute and maintain a civil action.
B.
Right of purchase. Any person who shall acquire for a
valuable consideration or interest in the lands covered by any certificate
as to approval of subdivision of land issued pursuant to Chapter 310, Zoning,
§ 310-57, in reliance upon the information therein contained shall
hold such interest free of any right, remedy or action which could be prosecuted
or maintained by the borough pursuant to the preceding Subsection A. The same
exemption from remedy or action by the borough applies if the Zoning Officer
fails to issue the certificate within 15 days of the receipt of an application
and fees as specified in Chapter 310, Zoning, § 310-57. Such application
addressed to the Borough Clerk shall be deemed to be addressed to the Zoning
Officer.
A.
Preparation. The site plan and its separate elements
shall be prepared by a professional engineer, land surveyor, architect, landscape
architect or professional planner. The site plan shall be based on the latest
Tax Map information and shall be of a standard size as required by the Map
Filing Law.[1] The site plan shall consist of a location map, site plan map(s)
of the affected property and such other maps and information as specified
in the site plan application checklist and shall conform with the provisions
of §§ 305-11 and 305-12 of this chapter. The Planning Board
or Board of Adjustment may, at the request of the developer, waive any of
the various requirements of the maps and submissions.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Other information. The reviewing board may require other
information and data for specific site plans. This data may include but is
not limited to geologic information, water yields, flood data, environmental
information, traffic counts, road capacities, market information, economic
data of proposed business or activity, hours of operation and similar information.
C.
Certification. The site plan application shall include
certification that no taxes on the property are delinquent.
A.
Sketch plat. The sketch plat shall be based on Tax Map
information or some other similarly accurate base at a scale (preferably not
less than 400 feet to the inch) to enable the entire tract to be shown on
one sheet and shall show or include the information specified in the subdivision
application checklist.
B.
Preliminary plat. The preliminary plat shall be clearly
and legibly drawn or reproduced at a scale of not less than one inch equals
100 feet and shall be clearly marked "Preliminary plat." Preliminary plats
shall be designed and drawn by a licensed (New Jersey) land surveyor, licensed
engineer or licensed planner. The plat shall be designed in compliance with
the provisions of §§ 305-10 and 305-12 of this chapter and
shall show or be accompanied by the checklist information specified in the
subdivision application checklist.
C.
Final plat. The final plat shall be in compliance with
all the provisions of the Map Filing Law,[1] and it shall be clearly marked "final plat." The final plat shall
show or be accompanied by the checklist information specified in the subdivision
application checklist.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
D.
Certification. All plats shall include certification
that no taxes on the property are delinquent.
These rules, regulations and standards shall be considered the minimum
requirements for the protection of the public health, safety and welfare of
the citizens of the Borough of New Providence. Any action taken by the Planning
Board, Board of Adjustment or the Mayor and Borough Council under the terms
of this chapter shall be given primary consideration to the above-mentioned
matters and to the welfare of the entire community.
