Borough of Wanaque, NJ Article VI Development Review Procedures

§ 98-39 Filing procedures.

All development review filing procedures shall be in accordance with the provisions of this article.

§ 98-40 Jurisdiction.

The Planning Board shall have exclusive jurisdiction over subdivisions, site plans or conditions uses, except as hereinafter provided:

A. When reviewing applications for subdivisions, site plans or conditional uses, the Planning Board shall also be authorized to grant variances and approve issuance of permits for buildings or structures pursuant to § 98-9H of this chapter.

B. The Zoning Board of Adjustment shall have exclusive jurisdiction over the grant of a variance from the terms and provisions of the Zoning Ordinance except as set forth above.

C. When acting upon a use variance, the Zoning Board of Adjustment shall have the power to grant subdivision, site plan or conditional use approval pursuant to the provisions of this chapter.

§ 98-41 Prefiling of proposals.

Development proposals shall be prefiled with the municipal agency for purposes of determining the completeness of the submission. If the submission is found complete, formal action acknowledging receipt of one complete submission shall be taken by the municipal agency receiving the application for filing. All time restrictions for development proposals shall thereupon commence. If an application is found to be incomplete, the developer shall be notified thereof within 45 days of the submission of such application or it shall be deemed to be filed.

§ 98-42 Simultaneous review.

A. The municipal agency shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without the developer being required to make further application to the municipal agency or the municipal agency being required to hold further hearings. The longest time period for action by the municipal agency (beyond which a development proposal shall be deemed approved) shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.

B. Filing procedure. The developer shall file with the administrative officer, 12 black-on-white copies of the plat, 12 completed copies of the application form, three completed copies of the County Planning Board application form and the applicable fee.

C. The minor plat shall be clearly and legibly drawn by a licensed New Jersey engineer or land surveyor, and shall be at a scale of not less than one inch equals 100 feet; provided, however, that if the development proposal entails a building or structure requiring a site plan, then in that event design and informational requirements of Chapter 114, Article VI, of the Code of the Borough of Wanaque shall also be complied with. The minor plat shall contain the following:

(1) The location of that portion which is to be developed in relation to the entire tract.

(2) The tract name, Tax Map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:

(a) Name and address of record owner or owners.

(b) Name and address of the developer.

(c) Name and address of person(s) who prepared map.

(3) Existing and proposed lot lines and dimensions.

(4) The location of existing streets and buildings within 100 feet thereof.

(5) A copy of any protective covenants or deed restrictions applying to the land being developed.

(6) Certification by the Collector of Taxes that all taxes are paid to date.

(7) Compliance with all zoning requirements.

(8) Availability of existing utilities, if pertinent.

(9) Spot elevations on building site.

(10) Compliance with any flood regulations.

(11) Vehicular and pedestrian ingress and egress and circulation within the site.

(12) Architectural plans and elevations.

(13) Lighting and landscaping plans.

D. Should the municipal agency determine that any proposed development may create, either directly or indirectly, an adverse effect on either the remainder of the property being developed or nearby property, the municipal agency may require the developer to revise the plat. Where the remaining portion of the original tract is of sufficient size to be developed or subdivided further, the developer may be required to submit a plat of the entire remaining portion of the tract to indicate a feasible plan whereby the design of the proposed development, together with subsequent subdivisions or development, will not create, impose, aggravate or lead to any such adverse effect.

E. Within 45 days of the filing date, the Planning Board shall either approve, approve with conditions or disapprove all minor development proposals. A notation to such effect, including the date of the municipal agency's action, shall be made on all copies of the plat and shall be signed by the Chairman and Secretary of the municipal agency (or the Vice Chairman or Assistant Secretary in their absence, respectively), except that plats shall not be signed until all conditions are incorporated on the plat. All conditions on minor developments shall be complied with within 160 days of the meeting at which conditional approval was granted. Otherwise the conditional approval shall lapse.

F. 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 the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.). 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, including any conditions imposed by the municipal agency, and in conformity with the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed describing the approved minor subdivision is filed by the developer with the county recording officer, the Borough Planning Department and the Borough Tax Assessor.

G. The following rights shall be conferred upon minor development approval: Upon approval of a minor development the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor development was granted, shall not be changed for a period of two years after the date of approval, provided that in the case of a minor subdivision, the same shall have been duly recorded, pursuant to the Map Filing Law.

§ 98-43 Major development proposals.

A. Procedure. A developer shall file with the administrative officer 12 black-on-white copies of the preliminary plat, 12 completed copies of the application form for preliminary approval, three completed copies of the County Planning Board application, three copies of any protective covenants, deed restrictions and easements, applying to the land being developed, 12 copies of the drainage calculations, environmental impact report and soil erosion and sediment control data, if required.

B. The municipal agency shall submit one copy of the plat and supporting data to the County Planning Board, Borough Engineer, Board of Health, School Board, Environmental Commission, Planning Board, Fire Officials and other officials or departments, for review and recommendation. Upon mutual agreement between the County Planning Board and the municipal agency, with approval of the applicant, the thirty-day period for a County Planning Board report may be extended for an additional 30 days, and any extension shall so extend the time within which the municipal agency is required to act.

C. If the submission is accepted as a subdivision, the municipal agency shall grant or deny preliminary approval of a subdivision of 10 or fewer lots within 45 days of the filing date or within such further time as may be consented to by the developer. If the subdivision is in excess of 10 lots, the municipal agency shall grant or deny preliminary approval within 95 days of the filing date or within such further time as may be consented to by the developer. Failure of the municipal agency to act shall be deemed to be a grant of preliminary approval to the subdivision.

D. Acceptance of submission as a site plan.

(1) If the submission is accepted as a site plan, the municipal agency shall grant or deny preliminary site plan approval within the following time periods unless some further time has been consented to by the developer:

(a) A site plan for 10 acres of land or less: within 45 days of the filing date.

(b) A site plan of more than 10 acres: within 95 days of the filing date.

(2) Action may be taken on a preliminary site plan for 10 acres of land or less without a public hearing unless, in the opinion of the municipal agency, the proposed use, proposed intensity of development, location of the tract, traffic conditions or environmental concerns are of sufficient concern that the municipal agency desires to receive public comment. Where a public hearing is scheduled for a site plan, no action shall be taken until completion of the public hearing, and the scheduling and notifications for the hearing shall be in accordance with this chapter.

E. If the approving attorney requires any substantial amendment in the layout of improvements in either a site plan or subdivision as proposed by the developer and that plan had 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 municipal agency shall, if the proposed development complies with this chapter, grant preliminary approval.

F. Following required public hearing, the municipal agency may approve, disapprove or approve with conditions, the application. The decision shall be in writing and shall be sent to the applicant. If the municipal agency grants preliminary approval, its Chairman and Secretary (or the Vice Chairman or Assistant Secretary in their absence, respectively) and the Borough Engineer shall sign each page of the plat, provided, however, that the Borough Engineer shall not sign the preliminary or final site plan plat. If the plat is conditionally approved, it shall not be signed until all conditions are satisfied. If all conditions are not met, the conditional approval shall lapse.

G. Preliminary approval of a major subdivision or site plan.

(1) Preliminary approval of a major subdivision or site plan shall, except as provided in Subsection G(2) below, 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 any requirements peculiar to site plan approval; except that nothing herein shall be construed to prevent the municipality 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 plat; and

(c) That the applicant may apply for and the municipal agency 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.

(2) In the case of a development for an area of 50 acres or more, the municipal agency may grant the rights referred to in Subsection G(1)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval and the potential number of dwelling units and nonresidential floor area of the sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised by ordinance, such revised standards shall govern.

§ 98-44 Final major development proposals.

A. Procedure.

(1) The developer shall file with the administrative officer the following for a major subdivision: one mylar, two cloth and 12 black-on-white prints of the plat; and, for all other major developments, one reverse-line sepia and one black-on-white paper print. The developer shall also file 12 completed copies of the application form for final approval, one completed copy of the final plat check list, three completed copies of the County Planning Board application form, the performance guaranty, including off-tract improvements, if any, any maintenance guaranties and the applicable fee.

(2) The final plat shall be accompanied by letters directed to the Chairman of the municipal agency and signed by a responsible officer of the Sewer Authority and utility which provides water, gas, telephone and electricity, having jurisdiction in the area. Such letters shall review each proposed utility installation design and state the adequacy of the facility.

(3) The final plat shall be accompanied by a statement by the Borough Engineer that he is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation, that he has examined the drainage, erosion, stormwater control and excavation plans and found that the interest of the borough and of nearby properties are fully protected and identifying those portions of any improvements already installed and that the subdivider has either:

(a) Installed all improvements in accordance with the requirements of this chapter and the preliminary plat approval with a maintenance guaranty accompanying the final plat; or

(b) Posted a performance guaranty in accordance with this chapter and the preliminary plat approval for all partially completed improvements or improvements not yet initiated.

B. Action by the municipal agency.

(1) The municipal agency shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval 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.

(2) Final approval shall be granted or denied within 45 days of the filing date, or within such further time as may be consented to by the applicant. An approved final plat shall be signed by the Chairman and Secretary of the municipal agency (or the Vice Chairman or Assistant Secretary in their absence, respectively). Failure of the municipal agency to act within the period prescribed shall constitute final approval and a certificate of the Secretary as to the failure of the municipal agency 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.

(3) Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the municipal agency 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.

(4) Pursuant to N.J.S.A. 40:55D-52, the zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49 (§ 98-43G herein), 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 Subsection B(7) of this section. If the developer has followed the standards prescribed for final approval, the municipal agency may extend such period of protection for extensions of one year, but not to exceed three extensions. Upon the granting of final approval, the time period conferred upon the applicant by the granting of preliminary approval shall be terminated.

(5) In the case of a subdivision or site plan for a planned development of 50 acres or more or conventional subdivision or site plan of 150 acres or more, the municipal agency may grant the rights referred to in the above subsection for such period of time, longer than two years, as shall be determined by the municipal agency 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 municipal agency may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval and the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

(6) The developer shall supply sufficient copies of the approved final plat so the administrative officer can distribute one copy to each of the following: Borough Clerk, Borough Engineer, Tax Assessor and Planning Board and any other agency or person directed by the municipal agency.

(7) 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 municipal agency may, for good cause shown, extend the period of recording for an additional period not to exceed 190 days from the date of signing of the plat. In order for a subdivision plat to be accepted for filing by the county recording officer, such plat shall first have been approved by the municipal agency as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate shall have been issued as to the failure of the municipal agency to act within the required time. The signatures of the Chairman and Secretary shall not be affixed until the developer has posted the required guaranties. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the borough, the plat shall be expunged from the official record.

§ 98-45 Conditional uses.

A. Before any permit shall be issued for a conditional use, applications shall be made to the Planning Board, where such Board shall have primary jurisdiction thereof, or the Zoning Board of Adjustment in all other cases. The Planning Board shall grant or deny the application after public hearing, within 95 days of the filing date or within such further time as may be consented to by the applicant. Where a conditional use application involves a site plan or subdivision notice of the hearing shall include reference to all matters being heard and the Planning Board shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the Planning Board to act within the required time period shall constitute approval of the application.

B. In reviewing the conditional use application, the Planning Board shall review the number of employees or users of the property and the requirements set forth in the Zoning Ordinance[1] and shall give due consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience, such as but not limited to the proposed uses, the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting signs, drainage, sewage treatment potable water supply, utilities and structural locations and orientations, and shall conduct a public hearing on the application.

[1] Editor's Note: See Ch. 114, Zoning.

C. The use for which conditional uses are granted shall be deemed to be permitted uses in their respective districts, and each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant. All conditional uses shall require site plan review and approval by the Planning Board. Prior to making its decision, the Planning Board shall be satisfied that the conditional use is reasonably necessary for the convenience of the public in the location proposed. In the granting of conditional uses a time limit of one year from the date of the approval shall be set within which time the owner shall secure a building permit; otherwise, the approval granted shall be null and void.

§ 98-46 Guaranties required; inspections; release of guaranties.

A. Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the municipal agency 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 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, street signs, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors' 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 mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, fire boxes and installation relative hereto, 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.

(2) Provision for a maintenance guaranty to be posted with the governing body 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 in the event that 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 by the municipality for such utilities or improvements.

B. The amount of any performance guaranty may be reduced by the governing body, 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 extended by said body 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 thereon 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 governing body, 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 governing body, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

E. The governing body 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, or the contents of said report and the action of said municipal agency 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 that portion adequately sufficient to secure provisions of the improvements not yet approved. Failure of the governing body 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, ff any, shall be released from all liability, pursuant to such performance guaranty.

F. If any portion of the required improvements are rejected, the municipal agency 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. Nothing herein, however, shall be construed to limit the right of the obligor to contest, by legal proceedings, any determination of the governing body or the Borough Engineer.

H. The obligor shall reimburse the borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements.