For a minor subdivision, the procedure shall
be as follows:
A.
An application shall be submitted to the Borough Clerk,
in writing, in duplicate, on forms supplied by the Planning Board,
furnishing pertinent data such as names and addresses of owner, agent,
engineer and identification of property involved.
B.
The application shall be accompanied by ten copies
of a plan of the proposed subdivision accurately drawn to a scale
of not less than one inch equals 100 feet, certified by a licensed
land surveyor. The plan shall be of a size acceptable to the county
clerk for filing and shall indicate:
(1)
The location of the lots to be created in relation
to the entire tract.
(2)
All existing structures and wooded areas within the
subdivision and within 200 feet thereof.
(3)
The name of the owner and of all adjoining property
owners as disclosed by the most recent Borough tax records.
(4)
The Tax Map sheet, block and lot numbers.
(5)
All streets and streams within 500 feet of the subdivision.
(6)
The area in square feet of all lots to be created.
(7)
A key map showing the entire subdivision and its relation
to surrounding areas.
(8)
Easements, streets, buildings, watercourses, railroads,
bridges, culverts, drain pipes, rights-of-way and drainage easements.
(9)
Any variance or variances required.
(10)
Acreage of the entire parcel to be subdivided.
C.
The Planning Board may require receipt of an application
ten days prior to the meeting at which action shall be taken on such
application.
D.
Upon receipt of a completed application, the Board shall, within the time periods prescribed by ordinance, approve or conditionally approve the subdivision without the necessity of full notice and hearing, classify the subdivision as a major subdivision, or disapprove the subdivision. The Board may, in addition to any other conditions which the Board may deem necessary in order to carry out the purposes of this chapter, require as a condition for minor subdivision approval, that the applicant install such improvements required by Article III as the Board, in accordance with law, shall deem necessary. Such improvements shall be in accordance with the standards set forth in Article IV and performance guarantees may be required in accordance with Article VIII.
E.
Before the Borough Clerk returns any approved minor
subdivision plat to the subdivider, the Clerk shall have sufficient
copies made to furnish one copy of each to the following. The cost
of the copies shall be charged to the subdivider and shall be collected
before the return of the original sketch plat to the subdivider.
A.
Procedure. For preliminary approval of a major subdivision
or site plan, the procedure shall be as follows:
(1)
An application shall be submitted to the administrative
officer, in writing, in duplicate, on forms supplied by the Planning
Board, furnishing pertinent data such as names and addresses of owner,
agent, engineer and identification of property involved.
(2)
The application shall be accompanied by ten copies of a preliminary plat of the proposed subdivision or of the site plan, accurate and to scale as to boundaries, existing features and proposed features. The accuracy of the boundaries and existing features shall be certified by a licensed land surveyor. All design shall be done by a licensed professional engineer. The details of the plat shall be in conformity with Subsection B below.
(3)
The preliminary plat shall be accompanied by a written
statement from the applicant which shall include:
(a)
The name and address of the owner or agent making
application.
(b)
The intention of the applicant respecting the
proposed character of the development.
(c)
The deed restrictions, if any, which will govern
the development.
(d)
The intended date of beginning development.
(e)
If the plat involves a residential cluster,
a brief description of the organization that will own and maintain
the common open space. In addition, if the plat involves a residential
cluster, the applicant shall submit an alternate plat showing the
subdivision of the tract into conventional lots that are not part
of a residential cluster and which would conform to the other requirements
of the zoning districts in which the tract is located if a residential
cluster were not proposed.
(4)
Simultaneously with filing the application, folded
copies of the preliminary plat shall be forwarded by the applicant
to the following persons:
(a)
The Borough Engineer;
(b)
The Board of Health or Health Officer;
(c)
The Chief of Police;
(d)
The Department of Public Works;
(e)
The Fire Prevention Bureau;
(f)
The Shade Tree Commission;
(g)
The Building Inspector;
(h)
Environmental Commission;
(i)
Professional planner.
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The applicant shall produce proof by affidavit
of the date such copies were sent. The persons and Boards may make
recommendations in writing to the Board within 30 days after service
of the preliminary plat on them. The Board shall take the recommendations
into account, but shall have the authority to proceed in the absence
of such recommendation or to disregard or modify such recommendations.
Copies of all recommendations shall be sent to the applicant by the
recommending professionals and boards.
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B.
Plat details.
(1)
The preliminary plat of site plan or subdivision shall
contain the following:
(a)
Date. All revisions shall be noted and dated.
(b)
Key map showing the location of the tract with
reference to surrounding properties and existing street intersections.
(c)
Title of development, North arrow, scale, block
and lot number, name and address of record owner, name and address,
license number and seal of person preparing the plat. If the owner
of the premises is a corporation, the name and address of the president
and secretary shall be submitted with the application.
(d)
A scale of not less than one inch equals 100
feet. All distances shall be in feet and decimals of a foot and all
bearings shall be given to the nearest 10 seconds.
(e)
The names, as shown on the current tax records,
of all owners of the property within 200 feet of the subdivision,
together with the block and lot numbers of the property.
(f)
The zoning district in which the parcel is located,
together with zone boundaries included within the boundaries of the
parcel or within 200 feet therefrom.
(g)
Survey data showing boundaries of the property,
building or setback lines, and lines of existing and proposed streets,
corner radii lots, reservations, easements and areas dedicated to
public use, including grants, restrictions and rights-of-way.
(h)
Reference to any existing or proposed covenants,
deed restrictions or exceptions covering all or any part of the parcel.
A copy of such covenants, deed restrictions or exceptions shall be
submitted with the application.
(i)
The distances, measured along the right-of-way
lines of existing streets abutting the property, to the nearest intersections
with other public streets.
(j)
Location of existing buildings and all other
structures, including walls, fences, culverts and bridges, with spot
elevations of such buildings and structures. Structures to be removed
shall be indicated by dashed lines; structures to remain shall be
indicated by solid lines.
(k)
Location of all existing and proposed storm
drainage structures and utility lines, whether publicly or privately
owned, with pipe sizes, grades and direction of flow, locations of
inlets, manholes or other elevations. If any existing utility lines
are underground, the estimated location of such utility lines shall
be shown.
(l)
Existing and proposed contours, referred to
U.S. Coast and Geodetic datum, with a contour interval of one foot
for slopes of less than 10%, and an interval of two feet for slopes
of more than 10%. Existing contours shall be indicated by solid lines.
(m)
Location of existing rock outcrops, high points,
watercourses, depressions, ponds, marshes, wooded areas and other
significant existing features, including previous flood elevations
of watercourses, ponds and marsh areas as determined by survey.
(n)
All proposed streets, with profiles, indicating
grading; and cross sections showing width of roadway, location and
width of sidewalk and location and size of utility conforming to the
standards and specifications of the Borough.
(o)
The location of all existing and proposed water
lines, valves and hydrants and all sewer lines or alternative means
of water supply or sewage disposal and treatment.
(p)
Existing and proposed storm water drainage system.
All site plans and major subdivisions shall be accompanied by a plan
sketch showing all existing drainage within 500 feet of any boundary,
and all areas such as paved areas, grassed areas, wooded areas and
any other surface area contributing to the calculations, and showing
methods used in the drainage calculations.
(q)
Acreage, to the nearest tenth of an acre, of
tract to be subdivided and the area, in square feet, of all lots.
(r)
Approximate position of existing and proposed
monuments.
(s)
Open spaces to be dedicated for public use and
the location and use of all property reserved by covenant in the deed
for the common use of all property owners. If the plat involves a
residential cluster, the plat shall contain the common open spaces,
the public open spaces and the plans for improvement, if any, thereof.
(t)
Such other information or data as may be required
by the Planning Board or the County Planning Board for determination
that the details of the subdivision are in accordance with the standards
of this chapter, and all other ordinances of the Borough and all other
applicable laws, ordinances or resolutions.
(2)
In addition to the requirements of § 218-7B(1), the preliminary plat of a site plan shall contain the following:
(a)
The proposed use or uses of land and buildings,
together with the floor space of all buildings and the estimated number
of employees. If the precise use of the building is unknown at the
time of application, an amended plan showing the proposed use shall
be required prior to issuance of a certificate of occupancy.
(b)
The means of vehicular access for ingress to
and egress from the site showing in particular the size and location
of driveways and curb cuts, walkways, the proposed traffic channels,
if any, additional width, if any, and any other means of controlling
vehicular and pedestrian traffic.
(c)
The location and design of any off-street parking areas or loading areas showing size and location of bays, aisles and barriers. The plat shall also contain an itemization of the proposed uses and the respective off-street parking requirements for each of said uses in accordance with § 255-48 of Chapter 255, Zoning.
(d)
The location, direction of illumination, power
and hours of operation of existing and proposed outdoor lighting.
(e)
The location and elevation plan of existing
and proposed signs.
(f)
The proposed screening, landscaping and planting
plan.
C.
Effect of preliminary approval. Preliminary approval of a major subdivision or of a site plan shall, except as provided in Subsection C(4) below, confer upon the applicant the following rights for a three-year period, with respect to a major subdivision and for a one-year period with respect to a site plan, from the date of the preliminary approval:
(1)
That the general terms and condition on which preliminary
approval was granted shall not be charged. Such terms and conditions
shall include, but not be limited to:
(a)
Use requirements.
(b)
Layout and design standards for streets, curbs
and sidewalks.
(c)
Lot size.
(d)
Yard dimensions and off-tract improvements and,
in the case of a site plan, any requirements for preservation of existing
natural resources, for safe and efficient vehicular and pedestrian
circulation, parking and loading, for screening, landscaping and location
of structures and for exterior lighting, except that nothing herein
shall be construed to prevent the Borough from modifying, by ordinance,
such general terms and conditions of preliminary approval as relate
to public health and safety.
(2)
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, as the case may be.
(3)
That the applicant may apply for and the Planning
Board may grant extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that if the design standards have been revised
by ordinance, such revised standards shall govern.
(4)
In the case of a subdivision or of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections C(1), (2) and (3) above for such period of time, longer than three years with respect to a subdivision, or longer than one year with respect to a site plan, as shall be determined by the Planning Board to be reasonable, taking into consideration:
(5)
The applicant may apply for thereafter and the Planning
Board may thereafter grant an extension to preliminary approval for
such additional period of time as shall be determined by the Planning
Board to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential
floor area permissible under preliminary approval.
(b)
The potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval.
(c)
Economic conditions.
(d)
The comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
shall govern.
A.
Procedure. For final approval of a major subdivision
or site plan, the procedure shall be as follows:
(1)
The plat of a subdivision and an application for final
approval, in duplicate and in a form approved by the Board, shall
be submitted to the proper administrative officer, together with the
fee required by this chapter.
(2)
The original cloth tracing and five white prints,
blue or black on white, of the plat of a subdivision shall accompany
the application. No final plat shall be required for a site plan.
(3)
The plat of a subdivision shall not differ substantially
from the preliminary plat as approved.
(4)
The final plat of a subdivision shall be drawn in
ink on tracing cloth at a scale of not less than one inch equals 100
feet and shall be in compliance with all the provisions of the Map
Filing Law[1] and with the plat details contained in Subsection B below.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(5)
The administrative officer shall make a record of
the date of submission of the final plat and application to him/her,
and shall forthwith transmit the final plat and application to the
Planning Board.
(6)
Prior to final approval of a subdivision or site plan
the Board, upon the advice of the Borough Engineer, shall determine:
(a)
The nature of the improvements to be required
as a condition of final approval.
(b)
The estimated value of the improvements installed
or to be installed.
(c)
The nature and the amount of performance guarantees,
if any, to be required as a condition to final approval.
(d)
The amounts to be deposited to reimburse the
Planning Board and Borough for costs incurred or to be incurred for
legal, engineering and other consultant reports, for recording fees
and for any other costs anticipated by the Board.
(e)
Any other conditions upon which final approval
shall be granted.
(7)
Prior to final approval of a subdivision or site plan,
the applicant shall submit to the Board:
(a)
A developer's agreement, prepared by the Board
attorney, setting forth the obligations of the applicant in connection
with the final approval.
(b)
A performance guarantee, in a form satisfactory
to the Board and Borough complying with this chapter and guaranteeing
performance of the developer's agreement.
(c)
Maintenance guarantees, if any, for work completed
prior to final approval.
(d)
Deed for any easements or rights-of-way, public
open space or other public land in a form satisfactory to the Board
attorney.
(e)
Funds to be deposited to reimburse the Board
for costs incurred or to be incurred for legal, engineering and other
consultant reports, for recording fees and for any other costs anticipated
by the Board.
(f)
If the plat involves a residential cluster with
common open space, the charter and bylaws, in a form satisfactory
to the board attorney, of the organization formed to approve and/or
maintain the common open space.
(g)
Evidence of compliance with any other conditions
imposed by the Board.
(8)
Within 45 days after submission of a complete application
for final approval to the proper administrative officer, or within
such further time as may be agreed to by the applicant, but in no
event less than the thirty-day reporting period within which the County
Planning Board may act, the Planning Board shall approve, conditionally
approve or disapprove the final plat or site plan and report such
action, whether it be approval, conditional approval or disapproval,
to the Borough Council. In case of approval, the final plat shall
be so certified. The applicant shall be notified of the Board's action
and the reasons therefor.
(9)
Upon final approval by the Planning Board and after
all required signatures are placed on the original tracing of the
subdivision plan, the administrative officer shall request the Borough
Engineer to have one cloth print and one Mylar reproducible and 10
copies made of such final plat and file copy thereof with each of
the following:
B.
Plat details. The final plat of a subdivision shall
contain the following:
(1)
Date, name and location of the subdivision, name of
owner, graphic scale and reference meridian.
(2)
Tract boundary lines, right-of-way lines of streets,
street names, easements and other rights-of-way, land to be reserved
or dedicated to public sale; all lot lines and other site lines, with
accurate dimensions, bearings or deflection angles and radii, arcs
and central angles of all curves; area of each lot.
(3)
The names, exact locations and widths of all existing
and recorded streets intersecting or paralleling the plot boundaries
within a distance of 200 feet.
(4)
The purpose of any easement or land reserved or dedicated
to public use shall be designated and the proposed use of site, other
than residential, shall be noted.
(5)
Lot, block and street number as approved by the Borough
Engineer, including lot and block numbers of abutting property.
(6)
Minimum building setback line on all lots and other
sites.
(7)
Location and description of all monuments.
(8)
Names of owners of adjoining unsubdivided lands.
(9)
Certification by surveyor as to accuracy of details
of plat.
(10)
Certification that the applicant is agent or
owner of the land, or that the owner has given consent under an option
agreement.
(11)
When approval of a plat is required by any other
officer or body of a municipality, county or state, such approval
shall be certified on the plat, or evidence shall be submitted that
an application has been made for such approval.
(12)
Proposed final grades of all streets shall be
shown to a scale of one inch equals five feet vertical and one inch
equals 50 feet horizontal on sheets 22 inches by 36 inches, and drawings
shall include both plans and profiles and shall show elevations of
all monuments referred to U.S.C. and G.S. level bench marks, and such
elevations shall be shown in feet and hundreds of feet.
(13)
Plans and profiles of storm and sanitary sewers
and water mains.
(14)
Certificate from the Tax Collector that all
taxes are paid to date.
(15)
Written proof that the land set aside or shown
for easement, public use or streets are free and clear of all liens
and encumbrances.
(16)
A written statement that the specifications
for the construction of the proposed streets, sidewalks, curbs, storm
drains and appurtenances and all other contemplated improvements meet
the requirements of all ordinances of the Borough relating to the
acceptance of streets or standard specifications of the Borough on
file with the Borough Engineer.
(17)
A written agreement to pay to the Borough Engineering
and inspection fees by it in connection with proper inspection of
the construction of the improvements.
(18)
A written estimate of the total cost of constructing,
installing and completing all improvements and monuments.
C.
As-built plans.
(1)
After installation of the improvements required by
this chapter, the subdivider or applicant for site plan approval shall
cause to be prepared, signed and sealed by a licensed professional
engineer or land surveyor:
(a)
Plans showing:
[1]
The contours at two-foot intervals for lands
having slopes averaging 10% or greater and at one-foot intervals for
lands of lesser average slopes of the land as finally graded.
[2]
The location, as built, of all improvements
required by this chapter, including, without intending to limit the
generality hereof, the location of water mains, gas mains and underground
supply lines for light, power and telephone service.
(b)
Profiles, as built, of streets, storm sewers
and sanitary sewers and their respective appurtenances.
(c)
Cross sections, as built, of streets.
(2)
The plans, profiles and cross sections required by
this subsection are hereinafter referred to as "as-built plans."
[Amended 5-17-2004 by Ord. No. 850-04]
Upon the approval of any minor or major subdivision,
the applicant shall pay to the Borough a fee of $200 per lot for the
purpose of updating and amending the Borough Tax Map to reflect any
necessary changes occasioned by such subdivision.
