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Township of Verona, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Verona 5-21-1979 as Ord. No. 9-79. Sections 127-6B(1) and 127-12A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 30.
Flood control — See Ch. 77.
Site plan review — See Ch. 118.
Soil removal — See Ch. 121.
Streets and sidewalks — See Ch. 125.
Water — See Ch. 146.
Zoning — See Ch. 150.
This chapter shall be known and may be cited as the "Land Subdivision Ordinance of the Borough of Verona."
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the Borough of Verona 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, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
A. 
Planning Board.
(1) 
The approval provisions of this chapter shall be administered by the Planning Board of the Borough of Verona, in accordance with Section 28 of Chapter 291 of the Laws of the 1975, N.J.S.A. 40:55D-1 et seq.
(2) 
The Chairman of the Planning Board, with the approval of the Board, is hereby empowered to appoint a Subdivision Committee consisting of three (3) members of the Planning Board. Said Committee shall have the power and duty of classifying any sketch plat as a minor subdivision if it meets with the conditions set forth in the definition of a minor subdivision and if said Committee shall find, unanimously, that there exists no cause for review by the entire Board or for unfavorable action. In such event, the finding of said Committee shall be deemed favorable referral by the Board, and the procedure set forth in § 127-6A shall be followed.
B. 
Zoning Board of Adjustment.
(1) 
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 approval pursuant to Article 6 of Chapter 291 of the Laws of 1975[1] whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to Subsection 57d of Article 9 of Chapter 291 of the Laws of 1975.[2]
[1]
Editor's Note: N.J.S.A. 40:55D-37 et seq.
[2]
Editor's Note: N.J.S.A. 40:55D-70d.
(2) 
Whenever an application for development requests relief pursuant to Subsection B(1) above, the Board of Adjustment shall grant or deny approval of the application within one hundred twenty (120) days after submission by a developer of a complete application to the Borough Clerk or within such further time as may be consented to by the applicant. Failure of the Board of Adjustment 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 of Adjustment 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 Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Municipal Board of Adjustment 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.
(4) 
An application under this section may be referred to any appropriate person or agency, including 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.
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 Verona. Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one (1) or more of these regulations is impracticable or will exact undue hardship, the Planning Board may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
A. 
Definitions. Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter:
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat.
BOARD OF ADJUSTMENT
The Board of Adjustment of the Borough of Verona.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary approved major subdivision after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FINAL PLAT
A final map of a subdivision and meeting the requirements of § 127-7C of this chapter.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MASTER PLAN
A composite of one (1) or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of Chapter 291 of the Laws of 1975.
[1]
MINOR SUBDIVISION
A subdivision of land that does not involve:
(1) 
The creation of more than three (3) lots fronting on an existing street.
(2) 
Planned development.
(3) 
Any new street.
(4) 
Extension of any off-tract improvement.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of Chapter 291 of the Laws of 1975.
[2]
OFF SITE
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject to a development application or contiguous portion of a street or right-of-way.
OFF TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON SITE
Located on the lot in question.
ON TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNER
Any individual, firm, association, syndicate, co-partnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PARTY IMMEDIATELY CONCERNED
For purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice pursuant to Chapter 291 of the Laws of New Jersey.
[3]
PERFORMANCE GUARANTY
Any security, which may be accepted by a municipality to ensure the fulfillment of required improvements prior to approval, including performance bonds, escrow agreements and other similar collateral or surety agreements, provided that not more than ten percent (10%) of the total performance guaranty shall be required in cash.
PLANNING BOARD
The Planning Board of the Borough of Verona.
PLAT
A map or maps of a subdivision.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to § 127-6 of this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY PLAT
A preliminary map indicating the proposed layout of a subdivision and meeting the requirements of § 127-7B of this chapter.
PUBLIC DRAINAGEWAY
Same as "drainage right-of-way."
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.
(1) 
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or
(2) 
The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
SKETCH PLAT
A sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 127-7A of this chapter.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by this act; or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
SUBDIVISION
The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size, divisions of property by testamentary or intestate provisions, divisions of property upon court order and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A committee of at least three (3) Planning Board members appointed by the Chairman of the Board for the purpose of classified subdivisions in accordance with the provisions of this chapter and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing or maintaining proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
[1]
Editor's Note: N.J.S.A. 40:55D-28.
[2]
Editor's Note: N.J.S.A. 40:55D-32 et seq.
[3]
Editor's Note: N.J.S.A. 40:55D-1 et seq.
B. 
Word usage. The word "shall" is mandatory and not optional.
A. 
Submission of sketch plat.
(1) 
Any owner of land within the Borough of Verona shall, prior to subdividing or resubdividing land, as defined in this chapter, submit to the Borough Engineer at least two (2) weeks prior to the regular meeting of the Board a sketch plat and the appropriate application forms. The Borough Engineer shall tentatively classify the subdivision as either major or minor and shall discuss the details of compliance with this chapter with the subdivider.
(2) 
If the plat is classified as a major subdivision, a notation to that effect shall be made on the sketch plat, which will be returned to the subdivider for compliance with the procedure in Subsections B and C hereinafter.
(3) 
If tentatively classified as a minor subdivision by the Engineer, the sketch plat shall be returned to the subdivider. The subdivider shall then have twelve (12) black-on-white copies made and return them with the original sketch plat to the Borough Engineer at least two (2) weeks prior to the regular Planning Board meeting. The Borough Engineer shall then discuss the sketch plat with the Subdivision Committee prior to the Planning Board meeting. If approved by unanimous action by the Subdivision Committee as a minor subdivision, the plat shall be reviewed by a member of the Committee before the Planning Board.
(4) 
The Planning Board may waive notice and public hearing for an application for development if the Planning Board or Subdivision Committee of the Board appointed by the Chairman finds that the application for development conforms to the definition of "minor subdivision."
(5) 
The Planning Board shall either affirm or disapprove the action of the Subdivision Committee by a majority vote of all of its members. If approved as a minor subdivision, the plat will then be signed by the Chairman and Secretary of the Planning Board, with the notation that it is approved as a minor subdivision and returned to the subdivider within one (1) week. No further Planning Board approval shall be required.
(6) 
The Borough Engineer shall then retain one (1) copy and forward one (1) copy of the sketch plat showing that it has been approved as a minor subdivision to each of the following:
(a) 
Borough Clerk.
(b) 
Tax Assessor.
(c) 
Secretary of the Planning Board.
(d) 
Construction Code Official.
(7) 
Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to § 127-8 of this chapter.
(8) 
If minor subdivision approval is denied, two (2) copies of the reason for denial shall be returned with the sketch plat to the applicant.
(9) 
Minor subdivision approval shall be granted or denied within forty-five (45) days of the date of submission of a complete application to the Borough Clerk or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Borough Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(10) 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Essex County Planning Board or approval by Essex County Planning Board by its failure to report thereon within the required time period.
(11) 
Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), 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 Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of said Act.
(12) 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two (2) years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
B. 
Submission of preliminary plat of major subdivision for tentative approval.
(1) 
At least twelve (12) black-on-white prints of the preliminary plat, together with three (3) completed application forms for preliminary approval, shall be submitted to the Borough Clerk two (2) weeks prior to the Planning Board meeting at which consideration is desired. At the time of filing, the fee provided for in Chapter A175, Fees, shall be paid to the Borough Clerk to cover the costs of publishing notice of the pending hearings on said subdivision. The Borough Clerk shall immediately notify the Clerk of the Planning Board upon receipt of a preliminary plat.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(2) 
If the application for development is found to be incomplete, the developer shall be notified thereof within forty-five (45) days of submission of such application, or it shall be deemed to be properly submitted.
(3) 
Upon receipt of the preliminary plat, the Planning Board shall establish a date and a place for the conducting of a public hearing thereon. The owner shall notify by registered mail, at least five (5) days prior to the hearing, all property owners within two hundred (200) feet of the extreme limits of the subdivision as their names appear on the borough tax record. Said notice shall state the date, time and place of hearing, a brief description of the subdivision and that a copy of said subdivision has been filed with the Borough Clerk for public inspection. Proof of said notice of mailing shall be furnished to the Planning Board. The Clerk of the Planning Board shall cause notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the borough at least ten (10) days prior to the hearing.
(4) 
Copies of the preliminary plat shall be forwarded by the Clerk of the Planning Board one (1) week prior to the hearing to the Borough Engineer.
(5) 
The Planning Board shall conduct a hearing on such application in accordance with the requirements of Section 6 of Chapter 291 of the Laws of 1975.[2]
[2]
Editor's Note: N.J.S.A. 40:55D-10.
(6) 
The Planning Board shall, if the proposed subdivision complies with this chapter and the requirements set forth in Chapter 291 of the Laws of 1975 (N.J.S.A. 40:55D-1 et seq.), grant preliminary approval to the subdivision.
(7) 
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development.
(8) 
If the Planning Board acts favorably on a preliminary plat, the Chairman of the Planning Board shall affix his signature to the plat with a notation that it has received preliminary approval and is returned to the subdivider for compliance with final approval requirements.
(9) 
Time period. Upon the submission to the Borough Clerk of a complete application for a subdivision of ten (10) or fewer lots, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than ten (10) lots, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision.
(10) 
Effect of preliminary approval. Preliminary approval of a major subdivision shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(a) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements, layout and design standards for streets, curbs and sidewalks, lot size, yard dimensions and off-tract improvements, 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 subdivision plat.
(c) 
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
C. 
Improvements or guaranties prior to final approval. Before consideration of a final subdivision plat, the subdivider will have met the requirements for improvements contained in  § 127-8 of this chapter.
D. 
Submission of final plat of major subdivision.
(1) 
The final plat shall be submitted to the Borough Clerk for forwarding to the Planning Board for final approval. The Borough Clerk shall immediately notify the Clerk of the Planning Board.
(2) 
The original tracing, one (1) translucent tracing cloth copy, two (2) cloth prints, eight (8) black-on-white prints and three (3) copies of the application form for final approval shall be submitted to the Clerk of the Planning Board, and one (1) to the Borough Engineer, at least five (5) days prior to the date of a regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board.
(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 in exact location and elevation, identifying those portions already installed and those to be installed, and that the subdivider has complied with one (1) or both of the following:
(a) 
He has installed all improvements in accordance with the requirements of these regulations and borough ordinances.
(b) 
A performance guaranty has been posted with the Borough Clerk in sufficient amount to assure the completion of all required improvements.
In addition, the final plat shall be accompanied by a memorandum of agreement which shall have been duly completed and executed by the developer. Said memorandum shall be on the form accepted by the Mayor and Council of the Borough of Verona and on file and obtainable from the office of the Borough Engineer. This form for the filing of a memorandum of agreement shall be deemed to be a part of this chapter.
(4) 
The Planning Board 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, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that, in the case of a planned unit development, the Planning Board may permit 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 without the developer being required to submit another application for development for preliminary approval.
(5) 
Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the Borough Clerk or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the Borough Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(6) 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Essex County Planning Board or approval by the Essex County Planning Board by its failure to report thereon within the required time period.
(7) 
Upon final approval, copies of the final plat shall be filed by the Secretary of the Planning Board with the following:
(a) 
Borough Clerk.
(b) 
Borough Engineer.
(c) 
Tax Assessor.
(d) 
Official issuing certificates as to approval for the subdivision of land.
(e) 
Construction Code Official.
(8) 
Final approval of a major subdivision shall expire ninety-five (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 Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of the signing of the plat.
(9) 
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to Section 35, 38, 44, 48, 54 or 63 of Chapter 291 of the Laws of 1975 (N.J.S.A. 40:55D-1 et seq.). The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to § 127-8 of this chapter.
(10) 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Subsection B(10) of this section, whether conditionally or otherwise, shall not be changed for a period of two (2) 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 has duly recorded the plat as required, the Planning Board may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to Subsection B(10) of this section for the section granted final approval.
E. 
Exception in application of subdivision regulations.
(1) 
The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter, if the literal enforcement of one (1) or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
(2) 
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer's being required to make further application to the Planning Board or the Planning Board's being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
F. 
Appeal procedure.
(1) 
Any interested party may appeal to the governing body any final decision of the Zoning Board of Adjustment or Planning Board. Such appeal shall be made within ten (10) days of the date of publication of such final decisions pursuant to Subsection D of this section. The appeal to the governing body shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Planning Board or Board of Adjustment.
(2) 
Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to the applicant and to the Board from which the appeal is taken at least ten (10) days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting.
(3) 
The governing body shall conclude a review of the record below not later than forty-five (45) days from the date of receipt of the transcript of the hearing unless the appellant consents in writing to an extension of such period. The appellant shall arrange for a transcript for use by the governing body. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period, without such written consent of the appellant, shall constitute a decision affirming the action of the Board.
(4) 
The governing body may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Planning Board or Board of Adjustment, as the case may be.
(5) 
The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand or modify any final action of either Board.
(6) 
An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board from whose action the appeal is taken certifies to the governing body, after the notice of appeal shall have been filed with such Board, that, by reasons of facts stated in the certificate, a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Board from whom the appeal is taken and on good cause shown.
(7) 
The governing body shall mail a copy of the decision to the appellant or, if represented, then to this attorney without separate charge and for a reasonable charge to any interested party who has requested it, not later than ten (10) days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the borough. Such publication shall be arranged by the Borough Clerk, and the Borough Council may make a reasonable charge for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the application.
(8) 
Nothing in this section shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
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 two hundred (200) feet to the inch to enable the entire tract to be shown on one (1) sheet and shall show or include the following information:
(1) 
The location of that portion which is to be subdivided in relation to the entire tract.
(2) 
All existing structures and wooded areas within the portion to be subdivided and within one hundred (100) feet thereof.
(3) 
The name of the owner and of all adjoining property owners as disclosed by the most recent borough tax records.
(4) 
Block and lot numbers and deed references.
(5) 
All streets, roads, drainage rights-of-way, easements, bodies of water and streams within two hundred (200) feet of the subdivision.
B. 
Preliminary plat. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one (1) inch equals one hundred (100) feet. 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 § 127-10 of this chapter and shall show or be accompanied by the following information:
(1) 
A key map showing the entire subdivision and its relation to surrounding areas.
(2) 
The tract name, block and lot number, date, reference meridian, graphic scale and the following names and addresses:
(a) 
Name and address of the record owner or owners.
(b) 
Name and address of the subdivider.
(c) 
Name and address of the person who prepared the map.
(3) 
Acreage of the tract to be subdivided to nearest tenth of an acre.
(4) 
Contours, at two (2) vertical intervals, of the land to be subdivided. Where drainage, street grades or the slope of land in adjacent areas affect the ultimate development of any plat, the Borough Engineer may require the subdivider to supply additional data with regard to such surrounding areas which will permit satisfactory design of the particular subdivision under consideration.
(5) 
The location of existing and proposed property and street lines and existing buildings, watercourses, railroads, bridges, culverts, drainpipes, together with any natural features such as wooded areas and rock formation.
(6) 
Plans and profiles of all proposed streets within the subdivision and profiles of existing or future continuing streets a minimum distance of two hundred (200) feet beyond the subdivision boundaries.
(7) 
Plans of proposed utility layouts (water, gas and electricity) showing feasible connections to existing or any proposed utility system. When an individual water supply is proposed, the plan for such system must be approved by the appropriate local or state health agency.
(8) 
Plans and profiles of all proposed and existing sanitary sewers, storm drains, drainage ditches or streams to which the proposed facilities shall be connected. When storm drains, drainage ditches or brook channel improvements are proposed or required, the plan for such improvement must be approved by the State Water Policy Commission if said improvement, in the opinion of the Planning Board, is of sufficient size as to so warrant.
(9) 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
C. 
Final plat. The final plat shall be drawn in ink on tracing cloth at a scale of not less than one (1) inch equals one hundred (100) feet, in compliance with all the provisions of Chapter 358 of the Laws of New Jersey 1953.[1] The final plat shall show or be accompanied by the following:
(1) 
Date, name and location of the subdivision, name of the 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 use, all lot lines and other site lines, with accurate dimensions, bearings and radii, arcs and central angles of all curves.
(3) 
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
(4) 
Each block shall be numbered, and the lots within each block shall be numbered consecutively, in accordance with borough ordinances.
(5) 
Minimum building setback line on all lots and other sites.
(6) 
Location and description of all monuments.
(7) 
Names of owners of adjoining land.
(8) 
Certification by engineer or surveyor as to accuracy of details of plat.
(9) 
Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
(10) 
Cross sections and profiles of streets, approved by the Borough Engineer, shall be required to accompany the final plat.
(11) 
Plans and profiles of storm and sanitary sewers.
(12) 
Current certification by a recognized title insurance company that the streets are free and clear of all encumbrances.
(13) 
Any extension of off-tract improvements necessitated by the proposed development.
(14) 
A soil erosion and sedimentation control plan, pursuant to the requirements of N.J.S.A. 4:24-39 et seq.
[1]
Editor's Note: Ordinance No. 358 of the Laws of 1953 added N.J.S.A. 46:23-9.1 through 46:23-9.6, which were repealed by Ch. 141 of the Laws of 1960. Said Ch. 141 added N.J.S.A. 46:23-9.9 et seq., which constitute the current provisions.
A. 
Standard requirements.
(1) 
Streets, curbs and sidewalks.
(a) 
All streets shall be graded and provided with an all-weather base and pavement in keeping with specifications and standards approved by the Mayor and Council of the Borough of Verona and on file in the office of the Borough Engineer. Pavement widths shall vary in keeping with the classification of the street and with the requirements of the Master Plan and Official Map, but in no case shall they be less than thirty (30) feet.
(b) 
Curbs shall be required for all streets and shall be installed to meet the requirements of the borough and at levels approved by the Borough Engineer.
(c) 
A sidewalk shall be installed on both sides of each street in the location and at the grade given or approved by the Borough Engineer and according to borough specifications.
(2) 
Storm drains, sanitary sewerage and utilities. Provisions shall be made for stormwater drainage, sanitary sewerage and utilities. All such installations shall be connected with an approved system and shall be adequate for all present and probable future development and shall be made according to the standard requirements and specifications of the Borough of Verona. Sanitary sewers and appurtenances shall be installed and connected in accordance with the Sanitary Sewer Ordinances of the Borough of Verona. At the discretion of the Borough Engineer, stormwater retention or detention facilities shall be designed and constructed for the purpose of controlling stormwater runoff from the proposed site. The facilities shall be designed and constructed in such a manner as not to allow more than a one-percent increase in runoff from the developed site into the present drainage system.
(3) 
Street signs. Appropriate street signs shall be installed at all street intersections and shall be of a type specified by the Borough of Verona Department of Public Works.
(4) 
Street lighting. Appropriate streetlights shall be installed where designated by the Borough Engineer in accordance with standards and specifications adopted by the Mayor and Council.
(5) 
Shade trees. Shade trees shall be planted on each side of every street at intervals of approximately fifty (50) feet and shall be size one and three-fourths (1 3/4) inches to two (2) inches and of the following types: European or silver linden; Norway, Schwedler or sugar maple; red, pin, black, chestnut or scarlet oak; or other approved variety.
(6) 
Monuments. Monuments of the size and shape required by Section 4 of Chapter 358 of the Laws of New Jersey 1953[1] shall be placed in accordance with said statute.
[1]
Editor's Note: Ordinance No. 358 of the Laws of 1953 added N.J.S.A. 46:23-9.1 through 46:23-9.6, which were repealed by Ch. 141 of the Laws of 1960. Said Ch. 141 added N.J.S.A. 46:23-9.9 et seq., which constitute the current provisions. See N.J.S.A. 46:23-9.11q for monument specifications.
(7) 
Topsoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least four (4) inches of cover to all areas disturbed and shall be stabilized by seeding or planting. No topsoil shall be removed from the site or used as spoil.
B. 
Inspection and costs. All improvements shall be installed under the supervision and inspection of the Borough Engineer, the cost thereof to be borne by the developer. Said costs shall be estimated at five percent (5%) of the total cost of the improvement, and such amount, in the form of cash or certified check, shall be deposited with the Borough Engineer before commencement of any construction. If said deposit shall be insufficient, any additional inspection costs shall be paid by the developer before the improvement is accepted by the borough. Any balance from the deposit, after inspection costs have been deducted therefrom, shall be refunded to the developer.
C. 
Construction requirements.
(1) 
Before any developer, his contractor or agents shall install any of the above-required improvements, said developer, his contractor or agents must be approved and accepted by the Borough of Verona for competency and previous experience.
(2) 
All construction stakes and grades thereon shall be set by a professional engineer or land surveyor in the employ of the developer or his contractor, and a duplicate copy of the notes made therefrom shall be filed with the Borough Engineer.
(3) 
No construction work shall commence without the Borough Engineer being properly notified. Such notice shall be given at least one (1) week before said commencement of work.
(4) 
The Standard Specifications of the Borough of Verona, as now or thereafter adopted, shall govern the construction and installation of all the above improvements. Failure of the developer, his contractor or agents to conform to said specifications will be just cause or the suspension of the work being performed, and no person, firm or corporation shall have the right to demand or claim damages from the Borough of Verona, its officers, agents or servants by reason of such suspension.
D. 
Performance guaranty for improvements.
(1) 
As a condition of final site plan approval, the Planning 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:
(a) 
The furnishing of a performance guaranty in favor of the municipality in an amount not to exceed one hundred twenty percent (120%) of the cost of installation for improvements it may deem necessary or appropriate, including streets, 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, erosion control and sedimentation control devices, public improvements of open space and other on-site improvements and landscaping, provided that no more than ten percent (10%) of the total performance guaranty shall be in cash, and the balance shall be in the form of a bond from a bonding company approved by the borough. The Borough Engineer shall review the improvements required by the Planning Board which are to be bonded and itemize their cost. Said itemization shall be the basis for determining the amount of performance guaranty and maintenance guaranty required by the Planning Board. The Borough Engineer shall forward his estimate of the cost of improvements to the applicant within thirty (30) days of the date of receipt of a request sent by certified mail for said estimate.
(b) 
The furnishing of a maintenance guaranty to be posted with the governing body for a period not to exceed two (2) years after final acceptance of the improvement, in an amount not to exceed fifty percent (50%) of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required for such utilities or improvements.
(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. 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.
(3) 
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.
(4) 
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 rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth. Prior to final acceptance of the improvements, the applicant shall file with the Borough Engineer and Construction Code Official as-built drawings prepared by the applicant's engineer and/or architect indicating any approved changes from the final plat plan.
(5) 
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 sixty-five (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 provision of the improvements not yet approved. Failure of the Borough Council to send or provide such notification to the obligor within sixty-five (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.
(6) 
If any portion of the required improvements is 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.
(7) 
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.
A. 
As a condition for approval of a site plan, a developer may be required by the Planning Board to pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvement within such development.
B. 
Requirements for providing off-tract 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 such developer or owner within a related and common area shall be determined by the Planning 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.
C. 
Where a developer pays the amount determined as a pro rata share under protest, he shall institute legal action within one (1) year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
A. 
General requirements.
(1) 
If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, before approving a subdivision, the Planning Board may require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one (1) year after the approval of the final plat or within such further time as may be agreed to by the developer.
(2) 
Unless during such period or extension thereof the municipality 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 provisions of this chapter shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision of 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 reserved for the period of reservation, provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval caused by the reservation.
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. The subdivision shall conform to the proposals and conditions of both the Official Map and Master Plan as shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on the officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats. Streets and drainage rights-of-way not shown on the Master Plan or Official Map shall be shown on the final plat in accordance with Section 38 of Chapter 291 of the laws of New Jersey of 1975[1] and 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]
Editor's Note: N.J.S.A. 40:55D-50.
B. 
Streets.
(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 Planning Board may determine appropriate.
(4) 
The right-of-way width shall be measured from lot line to lot line and shall be as follows:
(a) 
Arterial and collector streets shall be as indicated on the Master Plan and Official Map.
(b) 
All others shall be a minimum of fifty (50) feet.
(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 in the Mayor and Council under conditions approved by the Planning Board.
(6) 
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one (1) or both sides of said road unless waived by the Borough Council. If the subdivision is along one (1) side only, one-half (1/2) of the required extra width shall be dedicated.
(7) 
Grades of arterial and collector streets shall not exceed four percent (4%). Grades on other streets shall not exceed ten percent (10%). No street shall have a minimum grade of less than one-half of one percent (1/2 of 1%). Maximum grade within any intersection shall not exceed three percent (3%), and approaches to any intersection shall follow a straight course within one hundred (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 sixty degrees. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than fifteen (15) feet and shall have a clear sight triangle of not less than thirty (30) feet.
(9) 
Street jogs with center-line offsets of less than one hundred twenty-five (125) feet shall be prohibited.
(10) 
A tangent at least one hundred (100) feet long shall be introduced between reverse curves or arterial and collector streets.
(11) 
When connecting street lines deflect from each other at any one (1) point by more than ten degrees (10º) and not more than forty-five degrees (45º), they shall be connected by a curve with a radius of not less than one hundred (100) feet for minor streets and three hundred (300) feet for arterial and collector streets.
(12) 
All changes in grade shall be connected by vertical curves sufficient to provide a smooth transition and sight distance not less than the following at all points on the road:
(a) 
For arterial streets: three hundred (300) feet.
(b) 
For all other streets: two hundred (200) feet.
(13) 
Dead-end streets (culs-de-sac) shall not be longer than six hundred (600) feet and shall provide a turnaround at the end with a radius of not less than fifty (50) feet. 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 so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
C. 
Blocks.
(1) 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the Zoning Ordinance[2] and to provide for convenient access, circulation control and safety of street traffic. In general, block lengths shall not exceed one thousand (1,000) feet in areas of concentrated development.
[2]
Editor's Note: See Ch. 150, Zoning.
(2) 
For commercial group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use as set forth in the Borough Zoning Ordinance.[3]
[3]
Editor's Note: See Ch. 150, Zoning.
D. 
Lots.
(1) 
Lot dimensions and area shall not be less than the requirements of the Zoning Ordinance.[4]
[4]
Editor's Note: See Ch. 150, Zoning.
(2) 
Insofar 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 fifty (50) feet in width.
(4) 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line and all setbacks shall be measured from such line.
(5) 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.
E. 
Public use and service areas.
(1) 
In large-scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least fifteen (15) feet wide and located in consultation with the companies or borough departments concerned.
(2) 
Where a subdivision is traversed by a watercourse, 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, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features.
A. 
If, before final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board is required to act, such persons shall be subject to a fine not to exceed five hundred dollars ($500.) or to imprisonment for not more than ninety (90) days, and each parcel, plot or lot so disposed of shall be deemed a separate violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
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 requirements for a building permit under Section 10 of the Official Map and Building Permit Act (1953),[2] the borough may institute and maintain a civil action:
(1) 
For injunctive relief.
(2) 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with Chapter 291 of the Laws of New Jersey 1975.[3]
[3]
Editor's Note: N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: N.J.S.A. 40:55-1.39.
C. 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors to secure the return of any deposit made or purchase price paid and also to a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument or transfer, sale or conveyance of said land or within six (6) years, if unrecorded.