[HISTORY: Adopted by the Board of Commissioners
of the Village of Ridgefield Park 8-14-2001 by Ord. No. 01-09.
Amendments noted where applicable.]
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 Village. Any action taken under the terms of this chapter shall give primary consideration to the welfare of the entire community. These rules and regulations shall deal with the administration and composition of the Board of Adjustment and the Planning Board and regulate the use of land and buildings in the Village of Ridgefield Park and are enacted in order to promote and protect the public health, safety, morals and general welfare of the people. This chapter shall be known as the "Development Regulations of the Village of Ridgefield Park" and shall be read contemporaneously with the Zoning Ordinance (Chapter 96) of the Village of Ridgefield Park.
All provisions of this chapter may be amended
in accordance with applicable laws.
No appeals shall be made to the governing body
of the Village of Ridgefield Park from any decision of the Board of
Adjustment or Planning Board.
A.
Establishment and composition.
(1)
A Board of Adjustment is hereby established pursuant
to N.J.S.A. 40:55D-69 et seq., consisting of seven regular members
who shall be residents of the Village appointed by the Board of Commissioners
to serve for terms of four years from January 1 of the year of their
appointment. The terms of the members first appointed shall be so
determined that, to the greatest practicable extent, the expiration
of such terms shall be distributed evenly over the first four years
after their appointment, provided that the initial term of no member
shall exceed four years. Thereafter, the term of each member shall
be for four years. Nothing in this chapter shall, however, be construed
to affect the term of any present member of the Zoning Board of Adjustment,
all of whom shall continue in office until the completion of the term
for which they were appointed. There shall also be appointed by the
Board of Commissioners two residents of the Village who shall serve
as alternate members of the Board for a term of two years each. The
alternate members first appointed shall be appointed one for one year
and the other for two years, with each term thereafter being for two
years. Alternate members shall, at the time of their appointment,
be designated as "Alternate No. 1" and "Alternate No. 2." Alternate
members may participate in discussions of the proceedings but may
not vote except in the absence or disqualification of a regular member.
A vote shall not be delayed in order that a regular member may vote
instead of an alternate member. In the event that a choice must be
made as to which alternate member is to vote, Alternate No. 1 shall
vote.
(2)
No member of the Board of Adjustment may hold any
elective office or position in the Village.
(3)
A vacancy occurring otherwise than by expiration of
the term shall be filled for the unexpired term only.
B.
Board of Adjustment authority.
(1)
No variance or other relief may be granted under the
provisions of this section unless granted without substantial detriment
to the public good and without substantially impairing the intent
and purpose of the Zone Plan and Zoning Ordinance.
(2)
The Board of Adjustment shall have powers to:
(a)
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the Zoning Ordinance (Chapter 96).
(b)
Hear and decide requests for interpretation
of the Zoning Map or Ordinance or for decisions upon which such Board
is authorized to pass by any zoning or official map ordinance in accordance
with this Act.[1]
[1]
Editor's Note: References to "this Act" are
to N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law.
(c)
Hardship and use variances.
[1]
Where, by reason of exceptional narrowness,
shallowness or shape of a specific piece of property, or by reason
of exceptional topographic conditions or physical features uniquely
affecting a specific piece of property, or by reason of an extraordinary
and exceptional situation uniquely affecting a specific piece of property
or the structures lawfully existing thereon, the strict application
of any regulation pursuant to Article 8 of this Act would result in
peculiar and exceptional practical difficulties to or exceptional
and undue hardship upon the developer of such property, grant, upon
an application or an appeal relating to such property, a variance
from such strict application of such regulation so as to relieve such
difficulties or hardship; or
[2]
Where, in an application or appeal relating to a specific piece of property, the purposes of this Act would be advanced by a deviation from the Zoning Ordinance (Chapter 96) requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article 8 of this Act; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection, and provided that no variance from those departures enumerated in Subsection B(2)(d) of this section shall be granted under this subsection, and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has power to review a request for a variance pursuant to subsection a. of Section 47 of this Act.
(d)
Variance to allow departure from regulations.
[1]
In particular cases for special reasons, grant
a variance to allow departure from regulations pursuant to Article
8 of this Act to permit:
[a]
A use or principal structure in
a district restricted against such use or principal structure;
[b]
An expansion of a nonconforming
use;
[c]
Deviation from a specification
or standard pursuant to Section 54 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-67) pertaining solely to a conditional use;
[d]
An increase in the permitted floor
area ratio as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-4);
[e]
An increase in the permitted density
as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4),
except as applied to the required lot area for a lot or lots for detached
one- or two-dwelling-unit buildings, which lot or lots are either
an isolated undersized lot or lots resulting from a minor subdivision;
or
[f]
A height of a principal structure
which exceeds by 10 feet or 10% the minimum height permitted in the
district for a principal structure.
[2]
A variance under this subsection shall be granted
only by affirmative vote of at least five members, in the case of
a municipal board, or 2/3 of the full authorized membership, in the
case of a regional board, pursuant to Article 10 of this Act.
(f)
No variance or other relief may be granted under
the terms of this section, including a variance or other relief involving
an inherently beneficial use, without a showing that such variance
or other relief can be granted without substantial detriment to the
public good and will not substantially impair the intent and purpose
of the Zone Plan and Zoning Ordinance. In respect to any airport safety
zones delineated under the Air Safety and Zoning Act of 1983, P.L.
1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief
may be granted under the terms of this section permitting the creation
or establishment of a nonconforming use which would be prohibited
under standards promulgated pursuant to that act except upon issuance
of a permit by the Commissioner of Transportation. An application
under this section may be referred to any appropriate person or agency
for its report, provided that such reference shall not extend the
period of time within which the Zoning Board of Adjustment shall act.
C.
Appeals and applications.
(1)
Appeals to the Board of Adjustment may be taken by
any interested party within 20 days of the action by the officer from
whom the appeal is taken. Three copies of the notice shall be filed
with the Secretary of the Board of Adjustment, specifying the grounds
for the appeal. The officer from whom the appeal is taken shall transmit
to the Board all the papers constituting the record.
(2)
Applications to the Board of Adjustment without prior
application to an administrative officer shall be filed with the Secretary
of the Zoning Board of Adjustment. Three copies of the application
shall be filed along with all plot plans, maps or other papers required
by this chapter or rule of the Board of Adjustment.
(3)
An appeal stays all proceedings unless the officer
from whom the appeal is taken certifies to the Board of Adjustment
that, by reason of facts stated in the certificate, a stay would,
in his opinion, cause imminent peril to life or property. In such
cases, proceedings shall not be stayed otherwise than by a restraining
order, which may be granted by the Board of Adjustment or by the Superior
Court of New Jersey on application or notice to the officer from whom
the appeal is taken and on due cause shown.
(4)
Any application may be referred to any person or agency
for its report, provided such reference shall not extend the period
of time within which the Board of Adjustment shall act.
D.
Power to reverse or modify decisions. The Board of
Adjustment may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination appealed from, and
make such order, requirement, decision or determination as ought to
be made and, to that end, have all the powers of the administrative
officer from whom the appeal was taken.
E.
Time for decision. Unless a longer period is consented
to by the applicant, the Board of Adjustment shall render its decision
not later than 120 days after the date an appeal is taken from the
decision of an administrative officer or no later than 120 days after
the submission of a complete application for development without prior
applications to an administrative officer. If the developer elects
to submit separate consecutive applications for a use variance followed
by other subdivision, site plan or conditional use approvals, the
aforesaid provision shall apply to the application for approval of
the use variance. The period for granting or denying any subsequent
approval(s) shall be as otherwise provided in this chapter. Failure
of the Board to render a decision within the period prescribed or
within such further time as may be consented to by the applicant shall
constitute a decision favorable to the applicant.
F.
Expiration of a variance. In the granting of hardship
and use variances, a time limit of one year from the date of the variance
approval shall be set, within which time the owner shall secure a
building permit; otherwise, the variance granted shall be null and
void. The approving authority may, for good cause shown, extend the
period for securing a building permit for an additional period not
exceeding six months.
All requirements of this chapter shall be met
at the time of any erection, enlargement, moving or change in use.
A.
Before any permit shall be issued for a conditional
use, application shall be made to the Planning Board as the approving
authority, which shall grant or deny the application after public
hearing within 95 days of submission of a complete application to
the Administrative Officer or within such further time as may be consented
to by the applicant. Notice of the hearing shall include reference
to all matters being heard, including site plan and/or subdivision,
and the approving authority shall review and approve or deny the subdivision
or site plan simultaneously with the conditional use application.
Failure of the approving authority to act within the required time
period shall constitute approval of the application. In reviewing
the application, the approving authority shall review the number of
employees or users of the property and the requirements set forth
in this chapter and shall give due consideration to elements which
would affect the public health, welfare, safety, comfort and convenience,
such as but not limited to the proposed use(s), the character of the
area, vehicular travel patterns and access, pedestrianways, landscaping,
lighting, signs, drainage, sewage treatment, potable water supply,
utilities and structural location(s) and orientation(s). 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 even though a conditional use shall be a permitted use in
the district in which it is located. Conditional uses shall require
site plan approval. Prior to making its decision, the approval authority
shall be satisfied the conditional use is reasonably necessary for
the convenience of the public in the location proposed.
B.
In approving a conditional use, 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
shall be null and void. The approving authority may, for good cause
shown, extend the period for securing a building permit for an additional
period not exceeding six months.
This chapter shall take effect upon final passage,
publication and filing with the County Planning Board.
The developer shall, at the time of filing a submission, pay the following nonrefundable fees to the Village by certified check or bank money order. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the plat. Proposals requiring a combination of approvals, such as subdivision, site plan and/or a variance, shall pay a fee totaling the full fee of the approval with the highest fee, plus 1/2 the fee of the next-highest approval required and nothing for additional approvals. In the event the costs for reviewing major subdivisions and site plans exceed the following fees, the Village may require additional deposits in the amounts not to exceed 50% of the initial deposit for each additional deposit. In a development application which involves a substantial amount of review by the Village Engineer and other officials of the municipality, the developer and the approving authority may agree to some alternate fee and method of payment in addition to the minimum fee set forth below, provided said total fees are sufficient to cover municipal costs. (NOTE: See also §§ 96A-9 and 96A-11.)
A.
Subdivision, including clustered single-family dwelling
proposal.
[Amended 9-25-2007 by Ord. No. 07-07; 11-27-2007 by Ord. No.
07-08]
B.
Site plan.
[Amended 9-25-2007 by Ord. No. 07-07; 11-27-2007 by Ord. No.
07-08]
(2)
Preliminary site plan.
(a)
Residential single-family and two-family units: $200.
(b)
Residential multifamily units (three or more): $100 per unit;
minimum fee: $2,000.
(c)
Commercial/industrial and other: $500 per acre; minimum fee:
$2,000.
(d)
Freestanding or lighted signs not included in other site plans:
$300.
(e)
Planned development: $5,000.
[Added 10-25-2011 by Ord.
No. 2011-12]
C.
Variances and other appeals.
[Amended 9-25-2007 by Ord. No. 07-07; 11-27-2007 by Ord. No.
07-08]
(1)
Hear and decide appeals: $100.
(2)
Conditional uses: $750.
(3)
Interpretation of Zoning Map: $100.
(6)
Building permit in conflict with Official Map or building
permit for lot not related to a street: $250.
(7)
When an application requires more than one of the
above items, the applicant shall pay a separate fee for each item
required.
(8)
Additional fees shall be imposed to cover the cost
of preparing a developer's agreement, if required, and all other fees
charged by the Board's engineers, attorneys, planners and/or consultants
which are necessary in reviewing the application. The Board may require
that a sum of money be deposited in an escrow account to cover the
anticipated cost of its professionals, with any remaining amounts
to be refunded to the applicant at the conclusion of the matter. The
amount to be deposited shall be determined by the Board, in its sole
discretion.
D.
Preparation by the building officials of the list
of property owners to be served with notices: $0.25 per name or $10,
whichever is greater, for each list.
E.
Affidavit from Village Clerk as to current status
of taxes owed to the Village: $10 each.
F.
Escrow fees.
[Added 10-25-2011 by Ord.
No. 2011-12]
(1)
In addition to the required application fees established herein,
the applicant shall be required to establish one or more escrow accounts
with the Village to cover the reasonable costs of professional review
and consultation. Said escrow fees shall be required for informal
plan, preliminary plan approval and final plan approval, subdivision
and variance approval. Such escrow fees shall cover engineering, planning
and legal review.
(2)
Where consultation with experts outside the disciplines in Subsection F(1) is required due to the specific application involved, the applicant shall deposit additional escrow fees based on cost estimates or fee schedules provided by such outside experts.
(3)
Any unused portion of the escrow deposit(s) shall be returned to
the applicant. If the cost of such review services exceeds the amount
of the deposit, sufficient additional funds shall be deposited before
any approved site plan is returned to the applicant or advertised.
[Amended 3-27-2018 by Ord. No. 2018-02]
A.
Before filing of final subdivision plats or recording of minor subdivision
deeds or as a condition of final site plan approval or as a condition
to the issuance of a zoning permit pursuant to Subsection d. of Section
52 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-65), or as a condition of
approval of a permit update under the State Uniform Construction Code
for the purpose of updating the name and address of the owner of property
on a construction permit, the Village shall require and shall accept
in accordance with the standards set forth hereinbelow and regulations
adopted pursuant to Section 1 of P.L. 1999, c. 68 (N.J.S.A. 40:55D-53a)
for the purpose of assuring the installation and maintenance of certain
on-tract improvements, the furnishing of a performance guarantee,
and provision for a maintenance guarantee as set forth in this section.
(1)
The developer shall furnish a performance guarantee in favor of the
Village in an amount not to exceed 120% of the cost of installation
of only those improvements required by an approval or developer's
agreement, ordinance, or regulation to be dedicated to a public entity,
and that have not yet been installed, which cost shall be determined
by the Municipal Engineer, according to the method of calculation
set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4),
for the following improvements as shown on the approved plans or plat:
(a)
Streets.
(b)
Pavement.
(c)
Gutters.
(d)
Curbs.
(e)
Sidewalks.
(f)
Street lighting.
(g)
Street trees.
(h)
Surveyor's monuments, as shown on the final map and required
by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.;
repealed by Section 2 of P.L. 2011, C. 217) or N.J.S.A. 46:26B-1 through
N.J.S.A. 46:26B-8.
(i)
Water mains.
(j)
Sanitary sewers.
(k)
Community septic systems.
(l)
Drainage structures.
(m)
Public improvements of open space; and
(n)
Any grading necessitated by the preceding improvements.
(2)
The developer shall also furnish a performance guarantee to include,
within an approved phase or section of a development, privately owned
perimeter buffer landscaping, as required by the Village Code or imposed
as a condition of approval. At a developer's option, a separate performance
guarantee may be posted for the privately held perimeter buffer landscaping.
(3)
The Municipal Engineer shall prepare an itemized cost estimate of
the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
B.
The developer shall also furnish to the Village a safety and stabilization
guarantee in favor of the Village. At the developer's option, a safety
and stabilization guarantee may be furnished either as a separate
guarantee or as a line item of the performance guarantee. A safety
and stabilization guarantee shall be available to the Village solely
for the purpose of returning property that has been disturbed to a
safe and stable condition or otherwise implementing measures to protect
the public from access to an unsafe or unstable condition, only in
the circumstance that:
(1)
Site disturbance has commenced and, thereafter, all work on the development
has ceased for a period of at least 60 consecutive days following
such commencement for reasons other than force majeure, and
(2)
Work has not recommenced within 30 days following the provision of
written notice by the Village to the developer of the Village's intent
to claim payment under the guarantee.
(3)
The Village shall not provide notice of its intent to claim payment
under a safety and stabilization guarantee until a period of at least
60 days has elapsed during which all work on the development has ceased
for reasons other than force majeure. The Village shall provide written
notice to the developer by certified mail or other form of delivery
providing evidence of receipt.
(4)
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
(5)
The amount of a safety and stabilization bond guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows:
(6)
The Village shall release a separate safety and stabilization guarantee
to a developer upon the developer's furnishing of a performance guarantee
which includes a line item for safety and stabilization in the amount
required under this subsection.
(7)
The Village shall release a safety and stabilization guarantee upon
the Municipal Engineer's determination that the development of the
project site has reached a point that the improvements installed are
adequate to avoid any potential threat to public safety.
C.
In the event that the developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building, or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee," in favor of the Village in an amount equal
to 120% of the cost of installation of only those improvements or
items which remain to be completed or installed under the terms of
the temporary certificate of occupancy and which are required to be
installed or completed as a condition precedent to the issuance of
the permanent certificate of occupancy for the development, unit,
lot, building or phase of development and which are not covered by
an existing performance guarantee. Upon posting of a temporary certificate
of occupancy guarantee, all sums remaining under a performance guarantee
previously furnished by the developer which relate to the development,
unit, lot, building, or phase of development for which the temporary
certificate of occupancy is sought, shall be released. The scope and
amount of the temporary certificate of occupancy guarantee shall be
determined by the Municipal Engineer. The temporary certificate of
occupancy guarantee shall be released by the Municipal Engineer upon
the issuance of a permanent certificate of occupancy with regard to
the development, unit, lot, building, or phase as to which the temporary
certificate of occupancy relates.
D.
Prior to the release of a performance guarantee required pursuant
to this section, the developer shall post with the Village a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the improvements which are being released.
(1)
The developer shall post with the Village, upon the inspection and
issuance of final approval of the following private site improvements
by the Municipal Engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the following private
site improvements, which cost shall be determined according to the
method of calculation set forth in Section 15 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.4):
(2)
The term of the maintenance guarantee shall be for a period not to
exceed two years and shall automatically expire at the end of the
established term.
E.
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 guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Village for such utilities or improvements.
F.
Regulations concerning performance guarantees.
(1)
The time allowed for installation of the bonded improvements for
which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the Municipal Engineer according to the method of calculation set
forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4) as
of the time of the passage of the resolution.
(2)
If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Village for the reasonable
cost of the improvements not completed or corrected, and the Village
may either prior to or after the receipt of the proceeds thereof complete
such improvements. Such completion or correction of improvements shall
be subject to the public bidding requirements of the Local Public
Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
(3)
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of same to the public system, the obligor may request of
the governing body in writing, by certified mail addressed in care
of the Village Clerk, that the Municipal Engineer prepare, in accordance
with the itemized cost estimate prepared by the Municipal Engineer
and appended to the performance guarantee pursuant to this section,
a list of all uncompleted or unsatisfactory completed bonded improvements.
If such a request is made, the obligor shall send a copy of the request
to the Municipal Engineer. The request shall indicate which bonded
improvements have been completed and which bonded improvements remain
uncompleted in the judgment of the obligor. Thereupon the Municipal
Engineer shall inspect all bonded improvements covered by obligor's
request and shall file a detailed list and report, in writing, with
the governing body, and shall simultaneously send a copy thereof to
the obligor not later than 45 days after receipt of the obligor's
request.
(a)
The list prepared by the Municipal Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
(b)
The governing body, by resolution, shall either approve the
bonded improvements determined to be complete and satisfactory by
the Municipal Engineer, or reject any or all of these bonded improvements
upon the establishment in the resolution of cause for rejection, and
shall approve and authorize the amount of reduction to be made in
the performance guarantee relating to the improvements accepted, in
accordance with the itemized cost estimate prepared by the Municipal
Engineer and appended to the performance guarantee pursuant to this
Section. This resolution shall be adopted not later than 45 days after
receipt of the list and report prepared by the Muncipal Engineer.
Upon adoption of the resolution by the governing body, the obligor
shall be released from all liability pursuant to its performance guarantee
with respect to those approved bonded improvements, except for that
portion adequately sufficient to secure completion or correction of
the improvements not yet approved; provided that 30% of the amount
of the total performance guarantee and safety and stabilization guarantee
posted may be retained to ensure completion and acceptability of all
improvements. The safety and stabilization guarantee shall be reduced
by the same percentage as the performance guarantee is being reduced
at the time of each performance guarantee reduction.
(c)
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bond improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Village may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of all bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Village below 30%.
(d)
If the Municipal Engineer fails to send or provide the list
and report as requested by the obligor pursuant to this section within
45 days from receipt of the request, the obligor may apply to the
court in a summary manner for an order compelling the Municipal Engineer
to provide the list and report within a stated time and the cost of
applying to the court, including reasonable attorney's fees, may be
awarded to the prevailing party.
(e)
If the governing body fails to approve or reject the bonded
improvements determined by the Municipal Engineer to be complete and
satisfactory or reduce the performance guarantee for the complete
and satisfactory improvements within 45 days from the receipt of the
Municipal Engineer's list and report, the obligor may apply to the
court in a summary manner for an order compelling, within a stated
time, approval of the complete and satisfactory improvements and approval
of a reduction in the performance guarantee for the approvable complete
and satisfactory improvements in accordance with the itemized cost
estimate prepared by the Municipal Engineer and appended to the performance
guarantee pursuant to this section; and the cost of applying to the
court, including reasonable attorney's fees, may be awarded to the
prevailing party.
(f)
In the event that the obligor has made a cash deposit with the
Village or approving authority as part of the performance guarantee,
then any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee, provided that if the developer has furnished
a safety and stabilization guarantee, the Village may retain cash
equal to the amount of the remaining safety and stabilization guarantee.
(4)
If any portion of the required bonded improvements is rejected, the
approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification, as set forth in this section shall be followed.
(5)
Nothing herein shall be construed to limit the right of the obligor
to contest by legal proceedings any determination of the governing
body or the Municipal Engineer.
G.
Regulations concerning inspection fees.
(1)
The obligor shall reimburse the Village for reasonable inspection
fees paid to the Municipal Engineer for the foregoing inspection of
improvements; which fees shall not exceed the sum of the amounts set
forth hereinbelow. The Village shall require the developer to post
the inspection fees in escrow in an amount:
(a)
Not to exceed, except for extraordinary circumstances, the greater
of $500 or, except for extraordinary circumstances, the greater of
$500 or 5% of the cost of bonded improvements that are subject to
a performance guarantee under this section; and
(b)
Not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee under this section, which
cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.4).
(2)
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Municipal Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(3)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Municipal Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
(4)
If the Village determines that the amount in escrow for the payment
of inspection fees, as calculated hereinabove, is insufficient to
cover the cost of additional required inspections, the developer shall
deposit additional funds in escrow. In such instance, the Village
shall deliver to the developer a written inspection escrow deposit
request, signed by the Municipal Engineer, which informs the developer
of the need for additional inspections, details the items or undertakings
that require inspection, estimates the time required for those inspections,
and estimates the cost of performing those inspections.
H.
In the event that final approval is by stages or sections of development
pursuant to Subsection a. of Section 29 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-38), the provisions of this section shall be applied by stage
or section.
I.
To the extent that any of the improvements have been dedicated to the Village on the subdivision plat or site plan, the governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Municipal Engineer.
See § 96A-9, Guaranties and inspections.
A.
No zoning permit, building permit or certificate of
occupancy shall be issued where improvements to a property, sale of
land, use of property or subdivision(s) were undertaken in violation
of this chapter.
B.
A zoning permit shall be issued simultaneously with
or before the issuance of any building permit or certificate of occupancy.
Where a building permit is issued, no zoning permit shall be required.
C.
Any lot or building or change in use shall require
a certificate of occupancy prior to its use. No certificate shall
be issued unless the land, building and use comply with this chapter,
all matters incorporated on the approved subdivision or site plan
such as streets, drainage, parking and water and sewer service have
been completed and certified by the Municipal Engineer, and the Building
and Health Codes are complied with.
A.
There is hereby established pursuant to P.L. 1975,
c. 291, in the Village of Ridgefield Park, a Planning Board of nine
members, consisting of the following four classes:
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the municipality
other than a member of the governing body, to be appointed by the
Mayor, provided that, if there is an Environmental Commission, the
member of the Environmental Commission who is also a member of the
Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to
be the Class II Planning Board member if there is both a member of
the Zoning Board of Adjustment and a member of the Board of Education
among the Class IV or alternate members of the Planning Board.
(3)
Class III: a member of the governing body, to be appointed
by the governing body.
(4)
Class IV: six other citizens of the municipality to
be appointed as alternates, all such appointments to be made by the
Mayor. The members of Class IV shall hold no other municipal office,
except that one regular member may be a member of the Zoning Board
of Adjustment and one may be a member of the Board of Education. A
member of the Environmental Commission who is also a member of the
Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV
Planning Board member unless there be among the Class IV or alternate
members of the Planning Board both a member of the Zoning Board of
Adjustment and a member of the Board of Education, in which case the
member of the Environmental Commission shall be deemed to be the Class
II member of the Planning Board.
B.
Terms.
(1)
The term of the member composing Class I shall correspond
with his official tenure. The terms of the members composing Class
II and Class III shall be for one year or terminate at the completion
of their respective terms of office, whichever occurs first, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II or a Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever comes first. The term of a Class IV member who
is also a member of the Board of Adjustment or the Board of Education
shall terminate whenever he is no longer a member of such other body
or at the completion of his Class IV term, whichever comes first.
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined that to the greatest practicable extent
the expiration of such terms shall be evenly distributed over the
first four years after their appointment as determined by resolution
of the governing body; provided, however, that no term of any member
shall exceed four years, and further provided that nothing herein
shall affect the terms of any present members of the Planning Board,
all of whom shall continue in office until the completion of the term
for which they were appointed. Thereafter, all Class IV members shall
be appointed for terms of four years except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
was made.
(2)
Alternate members shall be designated at the time
of appointment by the Mayor as "Alternate No. 1" and "Alternate No.
2." The terms of the alternate members shall be for two years, except
that the terms of the alternate members shall be such that the term
of not more than one alternate member shall expire in any one year;
provided, however, that in no instance shall the terms of the alternate
members first appointed exceed two years. A vacancy occurring otherwise
than by expiration of term shall be filled by the Mayor for the unexpired
term only. No alternate member shall be permitted to act on any matter
in which he has, either directly or indirectly, any personal or financial
interest. An alternate member may, after public hearing if he requests
one, be removed by the governing body for cause. Alternate members
may participate in discussions of the proceedings but may not vote
except in the absence or disqualification of a regular member of any
class. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
C.
Vacancies. If a vacancy of any class shall occur otherwise
than by expiration of term, it shall be filled by appointment for
the unexpired term.
D.
Powers and duties. The Planning Board shall exercise
the following powers and duties:
(1)
To make, adopt and amend a Master Plan for the physical
development of the municipality pursuant to the provisions of N.J.S.A.
40:55D-28.
(2)
To administer the provisions of the subdivision and
site plan regulations of this chapter.
(3)
To approve conditional use applications as authorized
by state statute.
(4)
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(5)
To assemble data on a continuing basis as part of
a continuous planning process.
(6)
To consider and report to the governing body within
35 days after referral of any proposed development regulations submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a and to pass
upon other matters referred to it by the governing body pursuant to
the provisions of N.J.S.A. 40:55-26b.
(7)
In reviewing applications for approval of subdivision
plats, site plans or conditional uses, to:
(a)
Grant variances pursuant to N.J.S.A. 40:55D-60
and 40:55D-70c for lot area, lot dimensional, setback and yard requirements
to the same extent and subject to the same restrictions as the Board
of Adjustment.
(b)
Direct the issuance of a permit for a building
or structure either not related to a street (N.J.S.A. 40:55D-36) or
in the bed of a mapped street or public drainageway, flood control
basin or public area reserved on the Official Map (N.J.S.A. 40:55D-32).
(c)
Whenever relief is requested pursuant to this
subsection, notice of the hearing on the application for development
shall include reference to the application for a variance.
(8)
To perform such other advisory duties as are assigned
to it by ordinance or resolution for the aid and assistance of the
governing body or other municipal agencies or officers.
(9)
To review and make recommendations on such matters
as the location, character or extent of capital projects, in accordance
with N.J.S.A. 40:55D-31, to the governing body or other public agency
having jurisdiction of capital projects necessitating the expenditure
of public funds.
E.
Applications. Applications to the Planning Board shall
conform to the appropriate provisions of this chapter.
F.
Referrals. In reviewing plats or any other matters
referred to it, the Board may submit the data to any agency or individual
for review and comment.
A.
Organization of Board. The Planning Board shall elect
a Chairman and Vice Chairman from the members of Class IV. The Board
of Adjustment shall elect a Chairman and Vice Chairman from its membership.
Both Boards shall select a Secretary and Assistant Secretary, who
may or may not be a member of the Board or a municipal employee.
B.
Attorney. There is hereby created the office of Planning
Board Attorney and the office of Attorney to the Board of Adjustment.
Each Board may annually appoint, fix the compensation of or agree
upon the rate of compensation of their respective Board Attorney,
who shall be an attorney other than the Municipal Attorney.
C.
Experts and staff. Both Boards may employ or contract
for the services of experts and other staff and services as they may
deem necessary. Neither Board shall authorize expenditures which exceed,
exclusive of the gifts or grants, an amount appropriated by the governing
body for its use. Payment to experts shall be in accordance with § 13
of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2), as amended on September
17, 1995.
D.
Rules and regulations. Each Board shall adopt such
rules and regulations as are necessary to carry out its duties.
E.
Conflicts of interest. No member shall act on any
matter in which he has, either directly or indirectly, any personal
or financial interest. Whenever any member shall disqualify himself,
he shall not continue to sit with the Board on the hearing of such
matter nor participate in any discussion or decision relating thereto.
F.
Meetings.
(1)
Meetings shall be scheduled no less often than once
a month, and any meeting shall be held as scheduled unless canceled
for lack of applications for development to process.
(2)
Special meetings may be called by the Chairman or
on the request of any two Board members, provided there is notice
to the members and public in accordance with all applicable legal
requirements.
(3)
No action shall be taken at any meeting without a
quorum being present. All actions shall be by majority vote of the
members of the Board present at the meeting except where a specified
portion of the full authorized membership is required: N.J.S.A. 40:55D-9,
40:55D-26, 40:55D-34 and 40:55D-70d.
(4)
All meetings shall be open to the public. Notice of
meetings shall be given in accordance with the Open Public Meetings
Law, Chapter 231, Laws of New Jersey 1975 (N.J.S.A. 10:4-6 et seq.).
G.
Minutes. Minutes of regular and special meetings shall
be kept and shall include the names of persons appearing and addressing
the Board and of persons appearing by attorney; the action taken;
the findings, if any, and reasons therefor. The minutes shall be made
available for public inspection during normal business hours at the
office of the Village Clerk. Any interested party shall have the right
to compel production of the minutes and be charged a fee for their
reproduction.
H.
Hearing.
(1)
Rules. Both Boards may make rules governing the conduct
of hearings. The rules shall be consistent with N.J.S.A. 40:55D-1
et seq. and this chapter. The approving authority may waive the required
notices and hearing for minor and exempt subdivisions and minor and
exempt site plans except where a variance or conditional use is part
of the application.
(2)
Oaths. The presiding officer or such person as he
may designate shall have the power to administer oaths or issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law
of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(3)
Testimony. The testimony of all witnesses shall be
taken under oath or affirmation by the presiding officer, and the
right of cross-examination shall be permitted to all interested parties
through their attorneys, if represented, or directly, if not represented,
subject to the discretion of the presiding officer and to reasonable
limitations as to time and number of witnesses.
(4)
Evidence. Technical rules of evidence shall not be
applicable but irrelevant, immaterial or unduly repetitious evidence
may be excluded.
(5)
Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographer, mechanical or
electronic means. Each Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense. The charge for a copy of the transcript shall not be more
than the maximum permitted in N.J.S.A. 2A:11-15, and the transcript
shall be certified in writing by the transcriber to be accurate.[1]
[1]
Editor's Note: N.J.S.A. 2A:11-15 was repealed
by P.L. 1991, c. 119; see now N.J.S.A. 2B:7-4.
(6)
Certified court reporter. If an applicant desires
a certified court reporter, the cost of taking testimony and transcribing
it and providing a copy of the transcript to the approving authority
shall be at the expense of the applicant, who shall also arrange for
the reporter's attendance.
(7)
When any hearing before either Board shall carry to
two or more meetings, a member of the Board who was absent for one
or more of the meetings shall be eligible to vote on the matter upon
which the hearing was conducted, notwithstanding his absence from
one or more of the meetings; provided, however, that such Board member
has available to him the transcript or recording of all the hearing
from which he was absent and certifies in writing to the Board that
he has read such transcript or listened to such recording.
I.
Payment of taxes. Pursuant to the provisions of N.J.S.A.
40:55D-39 and 40:55D-65, every application for development submitted
to the Planning Board or to the Zoning Board of Adjustment shall be
accompanied by proof that no taxes or assessments for local improvements
are due or diligent on the property which is the subject of any such
application, or, if it is shown that taxes or assessments are delinquent
on the property, any approvals or other relief granted by either Board
shall be conditioned upon either the prompt payment of such taxes
or assessments or the making of adequate provision for the payment
thereof in such manner that the Village will be adequately protected.
The approving authority shall hold a public
hearing on each application for development, except that the approving
authority may waive the required notices and hearing for minor and
exempt subdivisions and site plans unless a variance or conditional
use is part of the application. All public hearings conducted on subdivisions,
site plans or variances before either the Board of Adjustment or Planning
Board shall follow the requirements of the Municipal Land Use Law
as summarized below (N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-12):
A.
Any maps and documents submitted for approval shall
be on file and available for public inspection at least 10 days before
the hearing date during normal business hours in the office of the
Administrative Officer.
B.
Each decision on any application shall be reduced
to writing as specified in N.J.S.A. 40:55D-10g and shall include findings
of facts and conclusions based thereon. Failure of a motion to approve
an application for development to receive the number of votes required
for approval shall be deemed an action denying the application, and
a resolution of memorialization shall be adopted to that effect in
accordance with N.J.S.A. 40:55D-10g. Adoption of a resolution of memorialization
shall not alter the time period required for rendering a decision,
shall be adopted by a majority of the members of the approving authority
who voted for the action on the application and no other member, and
shall be deemed a memorialization of an action taken and not to be
an action of the approving authority. Failure to adopt such a resolution
of memorialization within 45 days of rendering a decision on an application
shall result in the approval of the application.
C.
A copy of the decision shall be mailed by the approving
authority within 10 days of the date of the decision to the applicant,
or if represented by an attorney, then to the attorney, and a copy
shall also be filed in the office of the Administrative Officer. A
brief notice of the decision shall also be published, which shall
be arranged by the Administrative Officer. The period of time in which
an appeal of the decision may be made shall run from the first publication
of the decision.
D.
All notices shall state the date, time and place of
the hearing, the nature of the matters to be considered and an identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers, and the location and time(s)
at which any maps and documents are available for public inspection.
E.
All hearing notices shall be the responsibility of
the applicant and shall be given at least 10 days prior to the hearing
date.
(1)
Public notice shall be given by publication in the
official newspaper of the Village, if there be one, or in a newspaper
of general circulation in the municipality.
(2)
Notice shall be given to the owners of all real property,
as shown on the current tax duplicate, located in the state and within
200 feet in all directions of the property which is the subject of
such hearing, provided that this requirement shall be deemed satisfied
by notice to a condominium association in the case of any unit owner
whose unit has a unit above or below it, or to a horizontal property
regime in the case of any co-owner whose apartment has an apartment
above or below it. This notice shall be given by either serving a
copy thereof on the property owner as shown on the current tax duplicate,
or his agent in charge of the property, or mailing a copy thereof
by certified mail to the property owner at his address as shown on
the current tax duplicate.
(3)
Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership of common
elements or areas located within 200 feet of the property which is
the subject of the hearing, may be made in the same manner as to a
corporation without further notice to unit owners, co-owners or homeowners
on account of such common elements or areas.
(4)
Where a public hearing is required by this chapter,
a notice of hearings on applications for development involving property
located within 200 feet of an adjoining municipality shall be given
by personal service or certified mail to the clerk of such municipality.
(5)
Where a public hearing is required by this chapter,
a notice shall be given by personal service or certified mail to:
(a)
The County Planning Board, where the hearing
concerns a property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situated within 200 feet of a municipal
boundary.
(b)
The Commissioner of Transportation, where the
hearing concerns a property adjacent to a state highway.
(c)
The Director of the Division of State and Regional
Planning, where the hearing concerns a property which exceeds 150
acres or exceeds 500 dwelling units, and the notice to the Director
shall include a copy of any maps or documents required to be on file
with the Administrative Officer.
F.
The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing. Any notice
made by certified mail shall be deemed complete upon mailing.
G.
In addition to the foregoing notice requirements as set forth in
the Municipal Land Use Law,[1] whenever a property is the subject of any application
for development pursuant to the Municipal Land Use Law, the applicant
shall place a sign as hereinafter described on the property subject
to the application, thereby giving additional notice of the application.
[Added 11-10-2020 by Ord.
No. 2020-06]
(1)
The sign to be placed on the property shall be fabricated by the
Village and shall read as follows: "This property is subject to a
development application before the [Planning Board or Board of Adjustment,
as appropriate]. Please contact the Board Secretary at [insert appropriate
phone number] for further information regarding this proposed project."
(2)
The applicant shall be responsible for placement of the sign and
certification to the Board of the fact that the sign was placed on
the subject property.
(3)
The sign shall be placed on the subject property no more than two
weeks nor less than 10 days prior to the hearing and shall remain
on the property until the completion of the hearing and final vote
upon the application.
(4)
The sign shall measure 24 inches by 36 inches with a white background
and black lettering.
(5)
Neither the Planning Board nor the Board of Adjustment shall entertain
a hearing unless the applicant has certified that the sign was placed
on the subject property and remained on the subject property in accordance
with this section.
(6)
Nothing herein contained shall affect or dispense with any other
notice requirements mandated by the Municipal Land Use Law, but shall
be merely supplementary thereto.
(7)
The sign shall be placed by the applicant in a prominent position
as close to the sidewalk or street on which the property has frontage
so as to be readable from the sidewalk or street.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
These regulations shall not abate or modify
any action, penalty, liability or right pending under any ordinance
repealed by the adoption of this chapter except as expressly provided
in this chapter.
Any appeal for a variance to allow a structure
or use in a district restricted against such structure or use shall
have one copy forwarded to the Planning Board by the Administrative
Officer, together with a notice of the hearing date. The Planning
Board shall review the material and may make recommendations at the
public hearing. The Planning Board's recommendations may contain,
among other things, its opinion as to the compatibility of the proposal
to the Master Plan; applications which may have been or are currently
being processed by the Planning Board for similar uses elsewhere in
the Village; land use, traffic and other data considered by the Planning
Board to be relevant to the application; and what conditions, if any,
it would recommend be imposed on the applicant to improve compatibility
with the Master Plan and Zoning Ordinance should the Board of Adjustment
grant the variance.
A.
In case of any violation of this chapter, the Village
or an interested party may institute appropriate action to prevent
such violation; to restrain, correct or abate such violation; to prevent
the occupancy of said structure or land; and to prevent any illegal
act, conduct, business or use in or about such premises. Any person
convicted of such violations before a court of competent jurisdiction
shall be subject to a penalty not to exceed $500 and/or 90 days in
jail. Each day shall be deemed a separate violation.
B.
If before final subdivision approval any person as
owner or agent transfer or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, any land which forms a part of a subdivision for which municipal
approval is required, such person shall be subject to a penalty not
to exceed $1,000, and each lot disposition so made may be deemed a
separate violation.
C.
In addition, the Village may institute and maintain
a civil action:
(1)
For injunctive relief; and
(2)
To set aside and invalidate any conveyance made pursuant
to such a contract of sale if a certificate of compliance has not
been issued in accordance with N.J.S.A. 40:55D-56, but only if the
municipality has a Planning Board and has adopted by ordinance standards
and procedures in accordance with N.J.S.A. 40:55D-38.
D.
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 developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also a reasonable search fee, survey
expense and title-closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years if
unrecorded.
Conditional approval. The applicant shall comply
with reasonable conditions laid down by the approving authority for
design, dedication, improvements and the use of the land to conform
to the physical and economical development of the municipality and
to the safety and general welfare of the future residents/owners in
the development and the community at large. Where County Planning
Board review or approval is required on a subdivision or site plan,
the approving authority shall condition any approval it grants upon
either timely receipt of a favorable report by the County Planning
Board or approval from the County Planning Board due to its failure
to submit a report within the required time period. If the County's
report is timely and negative or attaches mandatory conditions, the
original action by the municipal approving authority shall be void
and the application shall be denied and a new resolution shall be
adopted which considers the County Planning Board's report.
To assist the applicant in completing initial
applications, a copy of the following checklist, attached to this
chapter as Exhibit A, for required submissions on applications to
the Planning Board or the Zoning Board of Adjustment shall be given
to each applicant. This checklist may be revised by the Board of Commissioners
by ordinance upon the recommendation of the Planning Board or Board
of Adjustment which recommendation shall be in resolution forms.
The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary site plan approval, shall have the power to grant such exceptions from the design and performance standards in Article V (§§ 96A-30 through 96A-52) of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. [See also § 96-5.2 of the Zoning Ordinance (Chapter 96) of the Village of Ridgefield Park.]
The approving authority may waive required notices
and hearings for minor and exempt subdivisions and site plans except
where a variance or conditional use is part of the application. Divisions
of land not considered a subdivision as defined in this chapter shall
be exempt from compliance with the requirements of this chapter only
after affirmative action by the approving authority. Such action shall
be taken following submission of documentation to the approving authority
showing the division of land for agricultural purposes where all resulting
parcels are five acres or larger in size; divisions by testamentary
or intestate provisions; divisions of property by court order; and
conveyances so as to combine existing lots by deed or other instrument,
as the case may be. Until exempted from the subdivision regulations
by the approval authority, no person can transfer, sell or agree to
transfer or sell, as owner or agent, any land which forms a part of
a subdivision for which approval is required.
The approving authority shall have the power to act upon subdivisions, conditional uses or site plans simultaneously without the developer making further application or the approving authority holding further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use or site plan approval 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. (See § 96A-6, Conditional uses.)
A site plan approval is required for all developments which do not meet the definition of "site plan, exempt" in § 96A-2.2 of the Zoning Ordinance (Chapter 96) of the Village of Ridgefield Park.
All applications shall be accompanied by plats plus other supporting documents as required for subdivision and site plan approval. (See also § 96A-16.)
A.
An informal review of a concept plan is optional.
At the request of the developer, the Planning Board shall grant an
informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
The purpose will be to review concepts to assist the applicant in
the preparation of subsequent plans. Other than classification, no
decisions will be made, no hearings held and no formal action taken.
Neither the developer nor the Planning Board shall be bound by this
informal review.
B.
Filing procedure. The developer shall file with the
Administrative Officer at least 10 days prior to the meeting of the
approving authority 12 black-and-white copies of the informal plat
and 12 completed copies of the application form.
C.
Action by the approving authority.
(1)
The approving authority shall classify the application
as a minor or major development within 45 days of the date of submission
or such further time as may be consented to by the applicant. If classified
as a minor or exempt subdivision or a minor or exempt site plan, no
public hearing need be required except if a variance or conditional
use is part of the application. If the approving authority requires
any changes prior to resubmitting the plat as a preliminary or final
plat, such changes and/or conditions shall be in writing and shall
be sent to the applicant.
(2)
If the approving authority determines the development
may directly or indirectly create an adverse effect on either the
property being developed or nearby property, the approving authority
may require the developer to revise the plat. Where any remaining
portion of the original tract is sufficient to be developed or subdivided
further, the developer may be required to submit a plat of the remaining
portion to indicate a feasible plan whereby the proposed development,
together with subsequent development, will not create, impose, aggravate
or lead to any such adverse effect(s).
Preliminary plats are required for all major
site plans and major subdivisions.
A.
Filing procedure.
(1)
The developer shall submit to the Administrative Officer at least 10 days prior to the public meeting of the approving authority 12 black-on-white copies of the preliminary plat; three completed copies of the application form for preliminary approval; two copies of any protective covenants, deed restrictions and easements applying to the land being developed; two copies of the drainage calculations and soil erosion and sediment control data as required in Article V (§§ 96A-34 and 96A-49) of this chapter; the applicable fee; and certification by the Tax Collector that all taxes are paid to date.
(2)
A corporation or partnership applying for permission
to subdivide a parcel of land into six or more lots or applying for
a variance a construct a multiple dwelling of 25 or more family units
or for approval of a site to be used for commercial purposes shall
list the names and addresses of all stockholders or individual partners
owning at least 10% of its stock of any class or at least 10% of the
interest in the partnership, as the case may be. If a corporation
or partnership owns ten-percent or greater interest in a partnership
subject to the above disclosure, that corporation or partnership shall
list the names and addresses of its stockholders holding 10% or more
of its stock or ten-percent or greater interest in the partnership,
as the case may be, and this requirement shall be followed by every
corporate stockholder or partner in a partnership until the names
and addresses of the noncorporate stockholders and individual partners
exceeding the ten-percent ownership criterion established in this
chapter have been listed. No Planning Board, Board of Adjustment or
municipal governing body shall approve the application of any corporation
or partnership which does not comply with this requirement of N.J.S.A.
40:55D-48.1. The penalty for concealment by a corporation or partnership
shall be as outlined in N.J.S.A. 40:55D-48.1.
(3)
The application shall include a complete environmental impact report (§ 96A-36) or a written request for a waiver of any or all of its requirements. If a waiver is requested, the approving agency shall either approve, approve in part or disapprove the request at the first regular meeting at which the application is heard. The applicant shall provide any required data within 15 days or at least 15 days prior to the date the approving authority is required to act, whichever comes first.
B.
Action by the approving authority.
(1)
The approving authority shall accept or reject the
submission as a complete application and, if rejected, notify the
applicant in writing of the deficiencies within 45 days of submission.
(2)
Public hearing. If accepted as an application, a public
hearing date shall be set and notice given.
(3)
Upon submission of a plat, the Administrative Officer
shall submit one copy of the plat and supporting data to the County
Planning Board, Municipal Engineer, Environmental Commission and any
other agency or person as directed by the approving authority for
review and action. Each shall have not more than 30 days from receipt
of the plat to report to the approving authority. In the event of
disapproval, such report shall state the reasons therefor. If any
agency or person fails to submit a report within 30 days, the plat
shall be deemed to have been approved by it or him. Upon mutual agreement
between the County Planning Board and the approving authority, with
approval of the developer, 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 approving authority is required
to act.
(4)
A subdivision of 10 or fewer lots shall be granted
or denied within 45 days of the date of a complete submission or within
such further time as may be consented to by the developer. With more
than 10 lots, the approving authority shall grant or deny preliminary
approval within 95 days of the date of a complete submission or within
such further time as may be consented to by the developer. Otherwise,
the approving authority shall be deemed to have granted preliminary
approval to the subdivision.
(5)
The approving authority shall grant or deny preliminary
site plan approval within the following time periods unless some further
time has been consented to by the developer
(6)
If the approving authority required any substantial
amendment in the layout of improvements in either a site plan or subdivision
and that plan had 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. The approving authority shall, if the
proposed development complies with this chapter, grant preliminary
approval.
(7)
The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report (§ 96A-36). The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 96A-14 of this chapter, Public hearings; notices. If the approving authority grants preliminary approval, its Chairman and Secretary (or the Vice Chairman or Assistant Secretary in their absence, respectively) and Municipal Engineer shall sign each page of the plat, indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse.
(8)
Preliminary approval shall, except as provided in Subsection B(9) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval; otherwise the approval shall be void:
(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;
any requirements peculiar to site plan approval; except that nothing
herein shall be construed to prevent the Village 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.
(c)
That the applicant may apply for and the approving
authority 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 may govern.
(9)
In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(8)(a), (b) and (c) above for such period of time longer than three years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.
A.
Filing procedure.
(1)
The developer shall file with the Administrative Officer
at least 10 days prior to the meeting of the approving authority the
original tracing; one translucent tracing copy; two cloth and 12 black-on-white
paper prints of the plat and three complete copies of the application
form; two copies of the performance guaranty approved by the governing
body, including off-tract improvements, if any; any maintenance guaranties;
the applicable fee; certification by the Tax Collector that all taxes
are paid to date; and certification by the Soil Conservation District
pursuant to the Soil Erosion and Sediment Control Act, Chapter 251
of the Laws of 1975.
(2)
Where utility services are to be extended to the development,
the final plat shall be accompanied by letters directed to the Chairman
of the approving authority and signed by a responsible officer of
the water company, sewer authority and utility which provides gas,
telephone and electricity that has jurisdiction in the area. Such
letters shall approve each proposed utility installation design and
state who will construct the facility.
(3)
The final plat shall be accompanied by a statement
by the Municipal 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 street, drainage, erosion, stormwater control and excavation plans
and found that the interests of the Village and of nearby properties
are fully protected, and identifying those portions of any improvements
already installed; and that the developer has either:
B.
Action by the approving authority.
(1)
The approving authority shall grant final approval
if the application conforms to this chapter, the conditions of previous
reviews and the standards prescribed by the Map Filing Law, N.J.S.A.
46:23-9.9 et seq. In the case of a minor or exempt subdivision or
site plan where there has been no previous submission of an informal
or preliminary plat, the approving authority may waive the required
notices and hearing except where a variance or conditional use is
part of the application. In the case of a planned development, the
approving authority may permit minimal deviations from the conditions
of preliminary plat approval necessitated by change of conditions
beyond the control of the developer since the date of the preliminary
approval. Minimal deviations shall not require the developer to submit
another application for preliminary approval.
(2)
Final approval shall be granted or denied within 45
days after submission of a complete application to the Administrative
Officer 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 approving authority (or the Vice Chairman or
Assistant Secretary in their absence, respectively). Failure of the
approving authority to act within the period prescribed shall constitute
final approval, and a certificate of the Administrative Officer as
to the failure of the approving authority to act shall be issued on
request of the applicant. Such certificate 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 approving authority shall condition any approval that it grants
upon timely receipt of a favorable report from the County Planning
Board or upon its failure to submit a report within the required time
period.
(4)
Final approval of a minor subdivision shall expire
190 days from the date of municipal approval unless a plat in conformity
with such approval, including any conditions imposed by the approval,
and in conformity with the provisions of the Map Filing Law (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 Municipal Engineer and the Village Tax Assessor. Such plat or
deed accepted for such filing shall have been signed by the Chairman
and Secretary of the approving authority (or the Vice Chairman or
Assistant Secretary in their absence, respectively). In reviewing
the application for development for a proposed minor subdivision,
the approving authority may accept a plat not in conformity with the
Map Filing Law, provided that, if the developer chooses to file the
minor subdivision by plat rather than deed, such plat shall conform
to the provisions of said law.
(5)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the county
recording officer. The approving authority may, for good cause shown,
extend the period for recording for an additional period not to exceed
190 days from the date of signing of the plat. No subdivision plat
shall be accepted for filing by the county recording officer until
it has been approved by the approving authority as indicated on the
instrument by the signatures of the Chairman and Secretary of the
approving authority (or the Vice Chairman or Assistant Secretary in
their absence, respectively) or a certificate has been issued as to
the failure of the approving authority 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 municipality,
the plat shall be expunged from the official records. It shall be
the duty of the county recording officer to notify the Planning Board
in writing within seven days of the filing of any plat, identifying
such instrument by its title, date of filing and official number.
(6)
Provided the approved final subdivision plat has been
filed with the county recording officer, the zoning requirements applicable
to the preliminary approval first granted to a site plan or a major
subdivision and all other rights conferred upon the developer pursuant
to the Municipal Land Use Law, whether conditionally or otherwise,
shall not be changed for a period of two years after the date of final
approval. If the developer has followed the standards prescribed for
final approval, the approving authority may extend such period of
protection for extensions of one year but not to exceed three extensions.
Upon granting of final approval, the rights conferred upon the applicant
by the granting of preliminary approval shall be terminated upon final
approval.
(7)
Provided the approved final plat of a minor subdivision
has been filed with the county recording officer, the zoning requirements
and general terms and conditions, whether conditional or otherwise,
upon which minor subdivision approval was granted shall not be changed
for a period of two years after the date of minor subdivision approval.
(8)
In the case of a subdivision or site plan for a planned development of 50 acres or more or a conventional subdivision or site plan of 150 acres or more, the approving authority may grant the rights referred to in Subsection B(6) and (7) above for such period of time longer than two years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for, and the approving authority may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(9)
The developer shall supply sufficient copies of the
approved final plat so that the Administrative Officer can distribute
one copy to each of the following: Village Clerk, Construction Official,
County Planning Board, Tax Assessor and Planning Board and any other
agency or person directed by the approving authority, and shall supply
one translucent cloth or Mylar copy to the Municipal Engineer.
A.
Plat conformity. All applications shall be submitted
in plat form, and all plats shall conform to the submission requirements.
All plats shall be drawn by a land surveyor, and all drawings of improvements
shall be prepared by a professional engineer, and all such drawings
shall bear the signature, embossed seal, license number and address
of the preparer.
B.
Informal subdivision plat for review and classification.
An informal subdivision plat shall meet the following requirements
and contain the following information:
(1)
Clearly and legibly drawn.
(2)
Graphic scale of not less than one inch equals 100
feet.
(3)
Existing and proposed street and lot layout, with
dimensions, showing that portion proposed for development in relation
to the entire tract.
(4)
Existing lot lines to be eliminated.
(5)
Area of original tract and each proposed lot.
(6)
Basic intent for water and sewage treatment.
(7)
Contours based on United States Geodetic Survey data.
(8)
Existing structures and uses.
(9)
All setback lines as well as the shortest distances
between buildings and proposed or existing lot lines.
(10)
All rivers and drainage rights-of-way, including
the direction of flow; the location of all drainage structures; and
the approximate location of wooded areas, flood hazard areas and floodway
lines, steep slopes, wetlands and swamps. Soil logs are not required.
However, where the slope and soil conditions indicate problems may
be encountered, soil logs as required for the preliminary plat may
be advisable.
(11)
Existing and proposed rights-of-way and easements
within the adjoining the tract, with sight triangles shown. Proposed
access points and parking areas shall be included on site plans.
(12)
The Tax Map sheet, block and lot number for
the tract and all adjacent lots; a title, including the words: "Informal
Plat for Review and Classification"; North arrow; space for the application
number; the date of the original drawing and the date and substance
of each revision.
(13)
Zoning district(s).
(14)
The name, address, signature and phone number
of the owner, developer and person preparing the plat.
(15)
A key map with North arrow showing the entire
development and its relation to surrounding areas.
C.
Preliminary subdivision plat. A preliminary subdivision
plat shall meet the following requirements and contain the following
information:
(1)
Clearly and legibly drawn.
(2)
Graphic scale of not less than one inch equals 100
feet.
(3)
Based on certified boundary survey.
(4)
Sheet sizes of 30 inches by 42 inches, 24 inches by
36 inches, 15 inches by 21 inches, or 8 1/2 inches by 13 inches.
If more than one sheet is required to show the entire subdivision,
one composite map shall show the entire subdivision with reference
to the sheets on which the various sections are shown.
(5)
Key map with North arrow showing the entire subdivision
in relation to surrounding areas, including the names of principal
roads, and at a scale of not less than one inch equals 2,000 feet.
(6)
Title block with the name of the subdivision; the
name of the municipality; Tax Map sheet, block and lot number; date
of preparation and most recent revision; meridian; North arrow; graphic
scale; the names, addresses, phone numbers and signatures of the owner,
developer and person(s) who prepared the plat(s), including the seal
of the latter; and space for the application number.
(7)
The names of all property owners within 200 feet of
the limits of the development as disclosed on the most recent municipal
tax records.
(8)
Tract acreage to nearest 1/1,000 of an acre; the number
of new lots; each lot line dimension scaled to the nearest foot; and
each lot area to the nearest square foot.
(9)
Existing and proposed contours at two-foot intervals
for areas with less than a ten-percent slope, at five-foot intervals
for areas with slopes in excess of 10%. For tracts containing slopes
in more than one category, the developer shall show every ten-foot
contour with a wider line. In instances where there is more than one
slope category or where there is a flat surface, the approving authority
may allow some other satisfactory contour intervals and/or additional
topographic data to meet the objectives of this section. All elevations
shall be related to a bench mark noted on the plan and be based on
United States Geodetic Control Survey, mean sea level datum.
(10)
Location of existing natural features such as
soil types, slopes exceeding 10%, wooded areas, rock outcroppings,
views within the development and the location of individual trees
outside wooded areas having a diameter of six inches or more as measured
five feet above ground level.
(11)
Plans and computations for any storm drainage
systems, including existing or proposed storm sewer lines within or
adjacent to the development and all required off-site and off-tract
drainage improvements, showing size, profile and slope of the lines,
direction of flow and the location of each drainage inlet, manhole,
culvert and headwall.
(12)
Plans, cross sections, center-line profiles,
tentative grades and details of proposed and existing utilities and
all improvements within street rights-of-way in the tract, including
the type and width of street pavement, curbs, sidewalks, bike routes,
shade tree planting, all utilities, including water, sewer, gas, electric,
telephone and cable television, and facilities such as storm drainage
facilities, detention ponds and erosion control. At intersections,
the sight triangles, radii of curblines, crosswalks, curb ramps and
street sign locations shall be shown. Final street naming may be deferred.
(13)
The names, locations, widths and purpose(s)
of existing and proposed easements, streets and other rights-of-way
in the development. The text of any deed restriction shall be included.
(14)
The locations and description of all monuments,
existing and proposed.
(15)
All lot lines that exist and will remain, those
proposed and those to be eliminated. All setback lines with dimensions
and municipal boundaries, if within 200 feet, shall be shown. Any
lot(s) to be reserved or dedicated to public use shall be identified.
Each block shall be numbered, and the lots within each block shall
be numbered as assigned by the Village Tax Assessor.
(16)
Locations of all existing structures and their
use(s) in the tract and within 200 feet, showing existing and proposed
front, rear and side yard setbacks, structures of historic significance
and an indication of existing structures and uses to be retained and
those to be removed.
(17)
Utility plans shall show feasible connections
to existing or proposed utility systems, with a letter from the serving
company stating that service will be available before occupancy of
any proposed structures.
(18)
Zoning district(s) and zoning district lines.
D.
Final subdivision plat. A final subdivision plat shall
meet the following requirements and contain the following information:
(1)
Clearly and legibly drawn.
(2)
Graphic scale of not less than one inch equals 100
feet unless a larger scale is approved by the Municipal Engineer that
is large enough to contain legibly written data on dimensions, bearings
and all other details of the boundaries.
(3)
Drawn by a licensed land surveyor in compliance with
the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).
(4)
Sheet sizes of 30 inches by 42 inches, 24 inches by
36 inches, 15 inches by 21 inches or 8 1/2 inches by 13 inches.
If more than one sheet is required to show the entire subdivision,
a separate composite map shall be drawn showing the entire subdivision
on one sheet and the sheets on which the various sections are shown.
(5)
The submission for final plat approval shall show
the following, except that the plat to be filed with the county recording
officer need only contain the data required for filing with the county
and all other data may be submitted on separate sheets:
(a)
Signature blocks for the approving authority,
Municipal Engineer and other endorsements required by law.
(b)
Tract boundary lines: municipal boundary line
if within 200 feet of the tract being subdivided; street names; all
lot lines and other site lines with accurate dimensions, bearing or
deflection angles and radii, arcs and chord bearings, with the distances
of all curves, all based on an actual survey by a land surveyor licensed
to practice in the State of New Jersey; minimum building setback lines;
and the area of each lot shown to the nearest square foot. All dimensions,
both linear and angular, of the exterior tract boundaries shall be
based on and calculated from surveyed traversing which shall have
an apparent error of field closure of 1:10,000 or better and shall
be corrected by accepted balancing methods to final errorless closure.
All final exterior and lot boundaries shall be similarly balanced
to final errorless closure.
(c)
Block and lot numbers in accordance with established
standards and in conformity with the Village Tax Map as approved by
the Village Tax Assessor and all street numbers where appropriate
shall be designated as specified by the approving authority.
(6)
The final plat shall be accompanied by the following:
(a)
A copy of the preliminary plat revised to show
all conditions and changes required by the approving authority at
the time of preliminary approval.
(b)
A statement that the applicant is agent or owner
of the land or that the owner has given consent to the development.
(c)
Appropriate local, county and state approvals.
A.
Plat conformity. All applications shall be submitted
in plat form, and all plats shall conform to submission requirements.
All plats shall be drawn by a licensed New Jersey land surveyor and
shall bear the signature, embossed seal, license number and address
of the land surveyor, except that plats submitted under the informal
discussion provisions and sketch plats of minor site plans are exempt
from this requirement. All drawings showing improvement designs shall
bear the signature and embossed seal, license number and address of
a licensed professional engineer of the State of New Jersey.
B.
Informal site plan for review and classification shall include the same data as required in § 96A-28B, plus lot lines, proposed building(s), proposed use(s), parking, loading, on-site circulation, driveways, wooded areas, approximate on-site or on-tract stormwater detention facilities and water and sewer service.
C.
Preliminary site plan plat.
(1)
Every preliminary site plan shall be at a minimum
graphic scale of one inch equals 10 feet, 20 feet, 30 feet, 40 feet
or 50 feet, certified by a New Jersey licensed architect or engineer,
including accurate lot lines certified by a New Jersey licensed land
surveyor, submitted on one of four of the following standard sheet
sizes: 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24
inches by 36 inches or 30 inches by 42 inches. The following data
shall be shown on the site plan or accompany it (if one sheet is not
sufficient to contain the entire territory, one composite map shall
show the entire development with reference to the sheets on which
the various sections are shown): all lot lines and the exterior boundaries
of the tract; North arrow; zone district(s) in which the tract is
located; date of original drawing and each subsequent amendment; existing
and proposed streets and street names; existing and proposed contours
at two-foot intervals throughout the tract and within 100 feet of
any building or paved area under review; title of the plan; streams;
total area to one square foot; total number of parking spaces; all
dimensions, areas and distances needed to confirm conformity with
the chapter, such as but not limited to building lengths, building
coverage, lot lines, parking spaces, loading spaces, setbacks and
yards; a small key map giving the general location of the parcel within
the Village; and a separate map showing the site in relation to all
remaining lands in the present owner's ownership.
(2)
Site plan information for preliminary and final approval.
Each site plan shall include the following information and be designed
to comply with Articles IV, V and VI[1] (see §§ 96A-18 through 96A-52) and be accompanied by an environmental impact report (§ 96A-36), unless waived by the approving authority, in whole or in part.
(a)
Building and use plan. The plan shall show the
size, height, location, arrangement and use of all proposed structures
and signs, including architect's scaled elevation of the front, side
and rear of any structure and sign (existing structures shall be identified
as either to remain or to be removed) and written description of the
proposed use(s) of nonresidential buildings, including the number
of employees or members, the proposed number of shifts to be worked
and the maximum number of employees on each shift, expected truck
and tractor-trailer traffic, emission of noise, glare, vibration,
heat, odor, air and water pollution, safety hazards and anticipated
expansion plans incorporated in the building design. Floor plans shall
be submitted. In apartment and townhouse projects, the number of dwelling
units, by type, shall be shown.
(b)
Circulation plan. This plan shall show access
streets by name, acceleration/deceleration lanes, curbs, sight triangles,
traffic channelization, traffic signs, easements, fire lanes, driveways,
parking and loading spaces, pedestrian walks, bikeways and related
facilities for the movement and storage of goods, vehicles and persons.
Cross sections and construction plans of streets, walkways, parking
lots and other paved and curbed areas shall be included. Sidewalks
shall be shown along expected paths of pedestrian travel, such as
but not limited to access from buildings to parking lots, driveways
and other buildings on the site. Any building expansion plans shall
show feasible parking and loading expansion.
(c)
Natural resources and landscaping plan. This plan shall show existing and proposed wooded areas, buffer areas, including the intended screening devices and buffers [Article IX of the Zoning Ordinance (Chapter 96) of the Village of Ridgefield Park], seeded and/or sodded areas, ground cover, retaining walls, fencing, signs, recreation areas, shrubbery, trees and other landscaping features. This plan shall show the location and type of man-made improvements and the location, number, species and caliper of plant material and trees to be located on the tract. All portions of the property not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation as outlined under the soil erosion and sediment control (§ 96A-49), floodplain [§ 96-8.5 of the Zoning Code (Chapter 96) of the Village of Ridgefield Park] and drainage (§ 96A-34) provisions, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.
(d)
Facilities plan. This plan shall show cross
sections and typical details as well as the locations of existing
and proposed drainage and stormwater runoff; open space; common property;
fire, gas, electric, telephone, sewerage and water lines, lighting;
and solid waste collection and disposal methods, including proposed
grades, sizes, capacities and materials to be used for facilities
installed by the developer. Installations by utility companies need
only show their locations on the plat. All easements acquired or required
on tract and off tract shall be shown, and copies of legal documentation
that support the granting of an easement by the owner of an off-tract
lot shall be included. All proposed lighting shall include the direction,
angle and height of each source of light. All utilities shall be installed
underground. All required state and federal approvals for environmental
considerations shall be submitted prior to preliminary approval or
be a condition of approval. All public services shall be connected
to approved public utility systems.
[1]
Editor's Note: So in original.
D.
Final site plan plat. The final plat shall follow
preliminary site plan requirements and shall include all changes required
as a condition of preliminary approval.
In general.
A.
All developments shall conform to design standards
encouraging sound development patterns within the Village. Where an
Official Map and/or Master Plan have been adopted, the development
shall conform to them.
B.
Character of the land. Land identified in the Master
Plan as critical areas or having severe or moderate soil characteristics,
particularly as the land relates to flooding, improper drainage, shallow
depth to water table, steep slopes, rock formations, utility easements
or similar features, shall not be used as buildable areas unless adequate
and acceptable methods are formulated by the developer to solve the
problems by methods meeting this chapter and all other regulations.
A.
Within any residential district, no building with
permitted professional office or other home occupation shall be constructed
or altered so as to be inharmonious with the residential character
of the adjacent residential areas.
For fire, rescue and other emergencies, all
principal buildings in all districts shall be clearly identified as
to house or street number by means of an unobstructed sign clearly
visible and legible from the main abutting street.
Concrete curbs shall be installed along all
streets. The standard curb section shall be 10 feet in length, with
preformed expansion joint material on not more than twenty-foot centers,
and shall be set in accordance with approved lines and grades, and
radial curbs shall be formed in a smooth curve. Chord segments are
prohibited. The finish shall be a smooth float finish with corners
rounded. Concrete curbs shall be six inches by nine inches by 20 inches
(eight-inch exposed face), using Class B concrete having a twenty-eight-day
compressive strength of 4,000 pounds per square inch, and shall be
air entrained. No driveway curb cut shall exceed 16 feet maximum.
The curbing shall be designed to provide barrier-free curb ramps constructed
in accordance with the "Design Standards for Curb Ramps for the Physically
Handicapped" of the New Jersey Department of Transportation.
All streets shall be designed to accommodate
storm drainage along streets. Any system shall be adequate to handle
all water which originates within the development and beyond, calculated
on the basis of maximum potential development as permitted under this
chapter. No water shall be diverted so as to overload existing drainage
systems or create flooding or the need for additional drainage structures
on other lands without proper and approved provisions being made for
taking care of these conditions, including off-tract improvements.
A.
A fifty-year storm curve shall be used in computing
stormwater runoff.
B.
The pipe size shall be determined by acceptable engineering
design procedures but not be less than 15 inches in diameter.
C.
Drainage inlets shall be located as directed by the
Municipal Engineer, but generally at intervals of not more than 400
feet or such shorter distances as required to prevent the flow of
surface water from exceeding six cubic feet per second at the drainage
inlet. Access manholes shall be placed at maximum five-hundred-foot
intervals throughout the system and at pipe injunctions.
D.
Storm drain pipes running longitudinally along streets shall not be located under curbing. Where storm drain pipes are installed outside of streets, easements or rights-of-way shall be required in accordance with § 96A-35.
E.
Storm drain pipes shall be laid to the exact lines
and grades approved by the Municipal Engineer. Specifications for
manholes, inlets and storm drains shall follow the 1961 State Highway
Specifications, as amended.
F.
Where any development is traversed by a watercourse or drainage ditch, a drainage right-of-way easement shall be dedicated to the Village conforming substantially with the lines of such watercourse. A minimum of 15 feet beyond the bank top on at least one side shall be provided for access to the drainage right-of-way. (See § 96A-35.)
G.
All developments shall incorporate on-site stormwater facilities that will result in stormwater leaving the property at the same rate that existed prior to the development. All measures shall comply with the soil erosion and sediment control provisions in § 96A-49. Grading shall direct drainage away from all buildings, prevent the collection of water in pools and avoid the concentration of stormwater from one lot to another.
H.
Where the amount of runoff determined by the Municipal
Engineer is sufficient to justify detention of peak flow, one or more
detention basins shall be required. Each detention basin shall have
a capacity to accept all surface water directed to it from a six-inch
rain in 24 hours, with outlets to permit complete draining of the
maximum capacity of the detention basin in not more than 36 hours.
Easements shall be along side and/or rear property
lines where possible, shall not be less than 15 feet wide, shall be
dimensioned on the plat and shall be identified as follows: "_____
easement granted to the Village of Ridgefield Park as provided for
in the Ridgefield Park Development Regulations Ordinance."
This report shall accompany all preliminary
plats:
A.
A description of the development, specifying what
and how it is to be done during construction and operation, and practical
alternate plans to achieve the objective(s).
B.
An inventory of on-site environmental conditions and
an assessment of the probable impact of the development upon them:
water supply; geology; soils and properties thereof, including capabilities
and limitations; sewerage; topography; vegetation; noise characteristics
and levels; land use; and aesthetics. Air and water quality shall
be described with reference to standards of the New Jersey Department
of Environmental Protection.
C.
A list and the status of the approvals needed from
federal, state or county agencies, including comments of these governmental
agencies.
D.
An evaluation of any adverse environmental impacts
which might not be able to be avoided, including air and water pollution,
noise, sedimentation and siltation, increase in Village services and
consequences to the Village tax structure.
E.
A description of steps to be taken to avoid or minimize
adverse environmental impacts during construction and operation, including
maps, schedules and other explanatory data.
F.
Notwithstanding the foregoing, the approving authority
may waive all or part of an environmental impact report if sufficient
evidence is submitted to support a conclusion that the development
will have a slight or negligible environmental impact or that the
complete report need not be prepared to evaluate the environmental
impact of the development.
Hydrants shall be installed on water mains at
intervals directed by the Fire Chief and Fire Commissioner in accordance
with the standards of the National Board of Fire Underwriters. Hose
connections shall conform to existing hydrants. Fire alarms shall
be placed at or near street intersections and be of a type used throughout
the Village.
Where open space or common property is set aside
in a development and said land is not to be deeded to the Village,
a homeowners' association shall be established for the purpose of
maintenance responsibility. The organization shall incorporate the
following provisions, which shall be submitted and approved prior
to final plat approval:
A.
Membership by all owners of property or interests
in the project shall be mandatory. Required membership and the members'
responsibilities shall be in writing between the organization and
each member in the form of a covenant, with each agreeing to liability
for his pro rata share of the organization's costs.
B.
The organization shall be responsible for liability
insurance (with the municipality carried as a named insured), taxes,
maintenance and any other obligations assumed by the organization
and shall hold the municipality harmless from any liability. The organization
shall not be dissolved and shall not dispose of any common open space
or common property by sale or otherwise except to an organization
conceived and established to own and maintain such open space or property
for the benefit of such development. Thereafter such organization
shall not be dissolved or dispose of any of its open space or property
without first offering to dedicate the same to the municipality wherein
the land is located.
C.
The organization shall be allowed to adjust the assessment
to meet changing needs.
D.
The organization shall clearly describe in its bylaws
all the rights and obligations of each tenant and owner, including
a copy of its covenants, model deeds and articles of incorporation.
The master deed shall state that every tenant and property owner shall
have the right to use all common properties.
E.
The articles of incorporation, covenants, bylaws,
model deeds and other legal instruments shall ensure that control
of the organization shall be transferred to the members based on a
percentage of the dwelling units sold and/or occupied and shall clearly
indicate that, in the event such organization shall fail to maintain
the common open space or common property in reasonable order and condition,
the Village may serve written notice upon such organization or upon
the owners of the development, setting forth the manner in which the
organization has failed to maintain the common open space or common
property in reasonable condition, and said notice shall include a
demand that such deficiencies of maintenance be cured within 35 days
thereof and shall state the date and place of a hearing thereon, which
shall be held within 15 days of the notice. At such hearing, the designated
Village body or officer, as the case may be, may modify the terms
of the original notice as to deficiencies and may give a reasonable
extension of time not to exceed 65 days within which they shall be
cured. If the deficiencies set forth in the original notice or in
the modification thereof shall not be cured within said 35 days or
any permitted extension thereof, the Village, in order to preserve
the common open space and common property and maintain the same for
a period of one year, may enter upon and maintain such land. Said
entry and maintenance shall not vest in the public any rights to use
the common open space and common property except when the same is
voluntarily dedicated to the public by the owners. Before the expiration
of said year, the Village Commissioners shall, upon its initiative
or upon the request of the organization theretofore responsible for
the maintenance of the common open space and common property, call
a public hearing upon 15 days' written notice to such organization
and to the owners of the development, to be held by the Village Commissioners,
at which hearing such organization and the owners of the development
shall show cause why such maintenance by the Village shall not, at
the election of the Village Commissioners, continue for a succeeding
year. If the Village Commissioners shall determine that such organization
is ready and able to maintain said open space and property in reasonable
condition, the Village shall cease to maintain said open space and
property at the end of said year. If the Village Commissioners shall
determine such organization is not ready and able to maintain said
open space and property in a reasonable condition, the Village Board
of Commissioners may, in its discretion, have the Village continue
to maintain said open space and property during the next succeeding
year, subject to a similar hearing and determination in each year
thereafter. The decision of the Village Commissioners in any such
case shall constitute a final administrative decision subject to judicial
review.
F.
The cost of such maintenance by the Village shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the common open space and common
property in accordance with assessed value at the time of imposition
of the lien and shall become a lien and tax on said properties and
be added to and be a part of the taxes to be levied and assessed thereon
and shall be enforced and collected with interest by the same officers
and in the same manner as other taxes.
The objective is to minimize undesirable off-site
effects. All area lighting in places such as parking lots or for security
shall provide translucent fixtures with shields around the light source.
The light intensity at ground level shall be a maximum of one footcandle.
The total quantity of light radiated above a horizontal plane passing
through the light source shall not exceed 7.5%. For recreation purposes,
more intense lighting may be permitted. In all instances, no lighting
source shall shine or reflect into windows or onto streets and driveways.
No lighting shall be a yellow, red, green or blue beam nor be rotating,
pulsating or of other intermittent frequency.
(See § 96A-11, Permits.)
A.
Insofar as is practical, lots shall be rectangular,
lot lines shall be straight and side lot lines shall be either at
right angles or radial to street lines,
B.
Each lot must front upon an approved paved street.
C.
Through lots with frontage on two streets are permitted,
provided access shall be to the street with the lower traffic function.
D.
On corner lots, the narrowest width shall be the front
yard to determine front, side and rear yard requirements, regardless
of how the owner faces the building. The building shall be set back
from both streets the required front yard distance unless the prevailing
setback on the street is different, in which case the building shall
be set back to conform to the prevailing setback.
E.
Extra width for street widenings in accordance with
an adopted Master Plan or Official Map shall either be dedicated or,
if not dedicated, be anticipated by increasing the lot size in anticipation
of future right-of-way.
F.
Where there is a question as to the suitability of
a lot(s) due to rock formations, flood conditions, high-water table
or similar circumstances, the approving authority may, after adequate
investigation, withhold approval of such lots.
G.
Where two or more contiguous lots exist under the
same ownership and one or more of said lots do not conform to the
area and/or dimension requirements of this chapter, said contiguous
lots shall be considered merged into the greatest number of conforming
lots.
H.
Any nonconforming lot existing on October 22, 1968,
and not meeting the definition of the previous subsection may have
a building permit issued for a permitted use without an appeal for
a variance, provided that the building coverage is not exceeded, the
new structure does not violate any height or setback requirements,
parking requirements are met and the nonconforming lot abuts lots
on either side that are developed and the nonconforming lot is the
largest possible assemblage of contiguous land under the preceding
subsection. The side and rear yards may be reduced by the same percentage
that the area of the undersized lot bears to the zone district requirements,
except that no yard shall be less than 1/2 that required by this chapter
or five feet, whichever is greater.
I.
Whenever land has been dedicated to the Village in
order to meet the minimum street width requirements or to implement
the Official Map or Master Plan, the Building Inspector shall not
withhold a building and/or occupancy permit when the lot depth and/or
area was rendered substandard due to such dedication and where the
owner has no adjacent lands to meet the minimum requirements.
J.
On any lot where the prevailing front yard setback
along a given street in an average block is greater than the minimum
required by this chapter, the minimum setback for the front of the
new building shall be increased to the average of the existing front
yard setbacks along that side of the block. The minimum setback for
the side of the building on a corner lot shall be the minimum front
yard requirements of this chapter.
Monuments shall be the size and shape required
by N.J.S.A. 46:23-9.12 (the Map Filing Law), as amended, be placed
in accordance with said statute and indicated on the final plat.
Before final approval, the approving authority
may require the payment of the developer's pro rata share of the following
off-site and off-tract improvements: street improvements, water system,
sewerage, drainage facilities and easements.
A.
Essential off-site and off-tract improvements may
be required to be installed or a performance guaranty furnished in
lieu thereof, with the total cost borne by the developer.
(1)
Where a development has no direct access to an improved
street, water supply or sanitary sewer, the approving authority may
nevertheless grant final approval if the developer shall acquire and
improve such street between the development and an existing improved
street and, in the case of water/sewer system(s), if the developer
shall acquire and improve such water and sanitary sewer connections
between the development and existing facilities.
(2)
Where drainage waters are diverted from the development
into other drainage systems or onto other lands or streets not adequate
to accommodate the additional waters, the approving authority may
grant final approval if the developer shall acquire, improve and dedicate
to the Village such enlarged, additional or new drainage facilities.
(3)
In lieu of the developer performing such off-site
and off-tract work, the developer may request and the governing body
may enter into an agreement for such work to be performed by the Village
or its contractors at the cost of the developer.
(4)
Where the approving authority determines that off-site
and off-tract improvements are essential to the development and the
developer does not consent to the improvements, the application shall
be denied without prejudice to a future application at such time as
the conditions no longer apply.
B.
Advisable off-site and off-tract improvements. Where
the approving authority finds that off-site and off-tract improvements
would be advisable, although not essential, and the improvements would
promote the objectives of this chapter and can be most appropriately
accomplished in connection with the development, and particularly
where the improvements would be required as a local improvement by
the Village with the costs assessed against all properties specially
benefited thereby, including the property of the developer, the following
provisions shall apply:
(1)
During the processing of the application the approving
authority shall refer its recommendations for off-site and off-tract
improvements to the governing body.
(2)
If the governing body concurs, the Municipal Engineer
or other authority retained by the Village shall determine the nature
of the off-site and off-tract improvements, including the needs created
by the applicant's proposed development and the then-existing needs
in the area, notwithstanding any work of the applicant. He shall estimate
the costs of such work, including all costs to be in any local improvement
ordinance and those to be assessed to the developer and including
costs for construction, engineering, any easement or right-of-way
acquisition, legal work, advertising, contingencies, bonding and assessments.
(3)
If the governing body will not adopt a local improvement
ordinance, the final development shall be designed accordingly and
the approving authority shall proceed on that basis.
(4)
If a local improvement ordinance is adopted, the governing
body shall proceed in the following manner:
(a)
If sufficient funds are available for the initial
appropriation, the governing body may appropriate such funds and adopt
such ordinance.
(b)
If sufficient funds are not available for the
initial appropriation, the governing body may determine the anticipated
amount that the lands of the applicant would be expected to be assessed.
[1]
The amount determined by the governing body
shall then be deposited by the applicant with the Village Treasurer
prior to final approval and prior to introduction of such local improvement
ordinance.
[2]
Such deposit shall be made concurrent with an
agreement between the applicant and the Village concerning the uses
of the deposit, which shall include the following stipulations: that
said funds shall be used by the Village solely for the expenses of
such off-site and off-tract improvements; that such deposit may be
appropriated by the Village, with other funds of the Village, and
may be co-mingled with other appropriated funds and expended by the
Village in connection with such purposes; that if such deposit is
not used by the Village within a specified time agreed upon by the
applicant, said funds shall be returned to the applicant; that upon
completion of the work by the Village or its contractors, the properties
specially benefited by such improvement shall be assessed as provided
by law, including the property of the applicant; that the applicant's
deposit shall be credited against the assessment made upon the applicant's
property (whether or not applicant is then the owner thereof); and
that if such deposit is less than the amount ultimately assessed against
such property, then the owner(s) of said property shall pay the difference
between the deposit and such assessment or, if the deposit exceeds
the amount assessed, the excess shall be refunded to the applicant,
without interest.
[3]
Where said off-site and off-tract improvements
are found by the approving authority to be advisable and important
to the sound development of the site, but the developer is unwilling
to make such deposit as specified above, then there shall be no final
approval until funds become available for the initial appropriation
required to adopt the local improvement ordinance.
(5)
The determination of the governing body whether or
not to proceed toward the adoption of a local improvement ordinance
shall be made within 30 days after the referral by the approving authority
unless such time shall be extended with the consent of the applicant.
If the determination is not made within the designated period, the
approving authority may proceed as if the governing body had determined
that it would not adopt such local improvement ordinance.
A.
Access to and from lots. Drives shall be limited to
two to any street. The center lines of access points shall be spaced
at least 65 feet apart. Each drive shall handle no more than two lanes
of traffic, be at least 50 feet from the street line of any intersecting
street, and be at least 20 feet from any property line. Curbing shall
either be depressed at the driveway or be rounded at the corners,
with the access drive connected to the street in the same manner as
another street.
B.
Access to parking and loading spaces. Access shall
be by on-site aisles to permit each vehicle to proceed to and from
each space without moving another vehicle. Parking spaces shall not
be an extension of any street right-of-way.
C.
Buffers. Parking and loading areas for 10 or more vehicles shall be buffered from adjoining streets and single-family residential uses, meeting the objectives of § 96A-37.
D.
Curbing. Off-street parking areas containing 10 or
more spaces and all off-street loading areas shall have concrete curbing
around the perimeter located in conjunction with an overall drainage
plan. Curbing shall be ramped in accordance with the "Design Standards
for Curb Ramps for the Physically Handicapped" of the New Jersey Department
of Transportation, with ramps opposite each aisle. Curbing shall be
located to control access from adjoining streets and prevent vehicles
from encroaching upon buffer and landscaped areas and street rights-of-way.
E.
Dimensions.
(1)
Off-street parking spaces shall be nine feet wide
and 19 feet in length. In parking lots containing more than 10 spaces,
a minimum of one space shall be at least 12 feet wide, and for parking
lots with more than 20 spaces, 5% of all spaces, but not more than
10 spaces, shall be 12 feet wide. These wider spaces shall be located
in one area and designated as parking for the handicapped. Each space
shall be identified by painted lines.
(2)
Off-street parking space aisles.
|
For Parking Spaces 9 Feet Wide
| |||
|
Angle of Parking Space
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
| |
|
90°
|
25
|
25
| |
|
60°
|
18
|
20
| |
|
45°
|
18
|
20
| |
|
30°
|
15
|
18
| |
|
Parallel
|
12
|
18
| |
(3)
Off-street loading spaces shall have 15 feet of vertical
clearance and be designed as follows:
|
Length
(feet)
|
Width
(feet)
|
Apron Length
(feet)
| ||
|
(90°)
|
(60°)
| |||
|
60
|
10
|
72
|
66
| |
|
60
|
12
|
63
|
57
| |
|
60
|
14
|
60
|
54
| |
F.
Drainage. Facilities shall be installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the drainage provisions of § 96A-34. Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least 12 inches below the proposed subgrade and filled with a suitable material, as determined by the Municipal Engineer. Where required by the Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to suitable drain. Parking spaces shall not exceed a grade of 4%, and interior access drives shall not exceed 6.5%.
G.
Surfacing. Surfacing shall be approved as part of
the plan approval. Areas to experience heavy traffic shall be paved
with not less than four inches of compacted base course of plant-mixed
bituminous stabilized base course constructed in layers of not more
than two inches compacted thickness, or equivalent, and a minimum
one-and-one-half-inch-thick compacted wearing surface of bituminous
concrete (FABC), or equivalent. All shall be constructed in accordance
with the standard specifications of the New Jersey Department of Transportation.
H.
Landscaping.
(1)
Landscaping in parking areas for more than 10 cars
and loading areas shall be shown on the site plan. Trees shall be
spaced so as not to interfere with driver vision and shall have branches
no lower than six feet. All areas between the parking area and the
building shall be landscaped with trees, shrubs and ground cover.
Any plantings which do not live shall be replaced within one year
or one season. A majority of the parking areas for more than 50 cars
shall be obscured from streets by buildings, landscaped berms, natural
ground elevation or plantings, singly or in combination.
(2)
In the R-3 Multifamily and R-4 Medium-Rise Multifamily
Zones, every 50 feet of parking shall be interrupted by a planting
strip of four feet (minimum).
(3)
In the OP Zone, landscaping and parking areas for
more than 50 vehicles shall have at least one tree for each 20 parking
spaces. However, no landscaping shall be required on a top level of
a parking garage.
K.
Location of parking and loading areas.
(1)
Parking and loading spaces shall be located on the
same lot as the use being served, except that a parking lot or parking
garage may be located on an adjoining lot, provided that the parking
lot or parking garage is located along the property line closest to
the building being served. No off-street parking or loading spaces
shall have direct access from a street. Parking areas for 10 or more
vehicles may occupy front, side or rear yard areas of commercial uses
and the side and rear yard areas of residential uses. Loading areas
shall be located and/or serviced so as not to be visible from public
streets.
(2)
No loading and parking space shall be located in any
required buffer area, and all spaces shall be set back at least two
feet from street and property lines and buffer areas to prevent any
part of a vehicle from overhanging the street right-of-way, property
line or buffer areas.
(3)
Parking spaces shall be within 200 feet of the entrance
of the building being served.
(4)
No parking shall be permitted in fire lanes, streets,
driveways, aisles, sidewalks or turning areas.
(5)
It shall be illegal to park, store or otherwise place
in any setback area required under this chapter which is adjacent
to a public street any passenger motor vehicle, commercial motor vehicle,
bus, trailer, boat, airplane, motorcycle, motor scooter or any similar
type means of conveyance. This prohibition shall not apply to legally
paved areas when the provisions of this chapter permit the parking
or storing of such vehicles but shall apply to any lawns, landscaped
areas or the like which are required by this chapter and are known
as either the front yard setback, the rear yard setback from a street,
or the side yard setback from a secondary street.
All public services shall be connected to approved
public utilities systems where they exist. The distribution supply
lines and service connections shall be installed underground, except
that lots which abut streets with existing overhead electric or telephone
lines may be supplied from those overhead lines, but the service connections
shall be installed underground. Should a road widening or an extension
of service occur as a result of the development, any replacement,
relocation or extension of existing overhead lines shall be underground.
All uses shall be provided with sewage disposal
facilities by the required extension of sewer mains and connections,
as approved by the Municipal Engineer, serving authority and, if required
by law, the New Jersey Department of Environmental Protection.
Where required, new shade trees shall be installed on each lot. Trees shall have a minimum diameter of 2.5 inches as measured three feet above the ground and be one of the following species approved by the approving authority. Trees shall be planted 30 feet apart along all streets and be located in the front of the lot in a line with other trees along the same side of the street but be at least 30 feet from streetlights and street intersections. Trees shall be balled and burlapped, nursery grown, free from insects and disease and true to species and variety. Stripping trees or filling around trees in the yard portion of a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted to reestablish the tone of the area and to conform to adjacent lots. Planted trees that do not live shall be replaced by the developer during the next planting season. Parking lots shall be planted as required in § 96A-43, Off-street parking and loading.
|
Sugar maple (Acer saccharum)
|
|
Red oak (Quercus borealis maxima)
|
|
Pin oak (Quercus palustris)
|
|
Ginkgo (male only), (Ginkgo biloba)
|
|
Thornless honey locust (Gleditsia triacanthos
inermis)
|
|
London plane (Platanus acerifolia)
|
|
Willow oak (Quercus phellos)
|
|
Scarlet oak (Quercus coccinea)
|
|
Sweet gum (Liquidambar styraciflua)
|
|
Japanese pagoda tree (Sophera japonica)
|
|
Little leaf linden (Tilia cordata)
|
Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety, considering the logical extension or improvement to existing sidewalks, probable volume of pedestrian traffic, the adjoining street classification, school bus stops and the general type of improvement intended. Where required, sidewalks shall be at least eight feet wide in a commercial zone and four feet wide in all other zones; four inches thick, except at points of vehicular crossing, where they shall be at least eight inches thick; of Class B concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch, and shall be air-entrained. Where sidewalks cross curbs, curb ramps shall be provided as outlined in § 96A-33, Curbs and gutters. Preformed expansion joint material shall be placed at twenty-foot intervals and where sidewalks abut curbing or a structure.
All major site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages to promote the public safety, health, convenience and general welfare of the community. See § 96-8.5, Floodplain regulations, of the Zoning Ordinance (Chapter 96) of the Village of Ridgefield Park, and § 96A-34, Drainage, of this chapter.
A.
Data required.
(1)
A plan establishing the means for controlling soil
erosion and sedimentation at the applicant's expense, certified by
the Soil Conservation District.
(2)
The plan shall be prepared by a professional engineer
licensed in New Jersey, except in instances where the preparation
of a plan does not include or require the practice of engineering
as defined in N.J.S.A. 45:8-28, and shall contain:
(a)
Location and description of general topography
and soil characteristics on and surrounding the site, including a
copy of the Soil Conservation Service soil survey.
(b)
Proposed changes to contours, showing existing
and post-construction conditions.
(c)
Proposed measures for controlling soil erosion
and sediment during and after construction.
(d)
The sequence of installing erosion and sediment
control measures, including anticipated starting and completion dates.
B.
General design principles.
(1)
Guiding principles.
(a)
Stripping of vegetation, grading or other soil
disturbance shall be done in a manner which will minimize soil erosion.
(b)
Whenever feasible, natural vegetation shall
be retained and protected.
(c)
The extent of the disturbed area and the duration
of its exposure shall be kept within practical limits.
(d)
Either temporary seeding, mulching or other
suitable stabilization measures shall be used to protect exposed critical
areas during construction or other land disturbances.
(e)
Drainage provisions shall accommodate increased
runoff resulting from modified soil and surface conditions during
and after development or land disturbance.
(f)
Water runoff shall be minimized and retained
on site, wherever possible, to facilitate groundwater recharge.
(g)
Sediment shall be retained on site.
(h)
Diversions, sediment basins and similar structures
shall be installed, where required, prior to any on-site grading or
land disturbance.
(2)
Grading and filling. All fill shall be clean fill
and/or topsoil. Grading shall be limited to areas shown on an approved
plat. Any topsoil disturbed during grading operations shall be redistributed
throughout the site.
(3)
Soil removal and redistribution. Excavation of soil,
other than as required to construct approved structures and facilities,
shall be prohibited. Any application proposing the disturbance of
more than 5,000 square feet of surface area of land, as defined in
the Soil Erosion and Sediment Control Act, P.L. 1975, c. 251 (N.J.S.A.
4:24-39 et seq.), shall include the following: the means to control
or prevent erosion; providing for sedimentation basin(s) for soil
that does erode due to water; controlling drainage, dust and mud on
the premises as well as on abutting lands; preserving soil fertility
and the ability of the area to support plant and tree growth by maintenance
of adequate topsoil consisting of at least six inches of the original
layer; maintaining necessary lateral support and grades of abutting
lands, structures and other improvements; preventing pits and declivities
which are hazardous or which provide insect-breeding locations; and
not altering the physical limitations and characteristics of the soil
in such a way as to prevent the use to which the land may lawfully
be put.
C.
Maintenance. All erosion and sediment control measures
shall be maintained for two years after completion or until such measures
are permanently stabilized, as determined by the Municipal Engineer,
whichever is longer.
D.
Exemptions. The following are exempt from the soil
erosion and sediment control provisions:
(1)
Land disturbance associated with the construction
of a single-family dwelling unit unless such unit is a part of a proposed
subdivision, site plan, zoning variance or building permit application
involving two or more such single-family dwelling units.
(2)
Land disturbance of 5,000 square feet or less of the
surface area of land for the accommodation of construction for which
the Standard Building Code of the State of New Jersey would require
a building permit.
(3)
Agricultural use of lands when operated in accordance
with a farm conservation plan approved by the local Soil Conservation
District or when it is determined by the local Soil Conservation District
that such use will not cause excessive erosion and sedimentation.
(4)
Use of land for gardening primarily for home consumption.
(5)
Percolation tests and/or soil borings.
A.
All developments shall be served by paved streets.
Streets not shown on the Master Plan or Official Map shall provide
for the appropriate extension of existing streets, conform to the
topography as far as practical and allow for continued extension into
adjoining undeveloped tracts.
B.
Residential development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where circumstance(s) may dictate that a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities, and abutting lots may be required to use one curb cut. All lots with reverse frontage shall have an additional 25 feet of lot depth to provide a buffer area, which shall be planted with nursery-grown trees or, where topography permits, earthen berms may be created. Berms shall not be less than five feet in height, shall be stabilized by ground cover and be planted with evergreens and deciduous trees according to a landscaping plan and § 96A-46.
C.
Street rights-of-way shall be measured from lot line
to lot line. No continuation of an existing street shall be continued
at a width less than the existing street, although a greater width
may be required in accordance with the following schedule:
|
Street Classification
|
Minimum Right-of-Way Width
(feet)
|
Traffic Lanes
|
Width Between Curbs
(feet)
| |
|---|---|---|---|---|
|
Arterial
|
70
|
4 at 10.5 feet
|
58
| |
|
Collector
|
60
|
2 at 11 feet
|
36
| |
|
Primary local
|
50
|
2 at 10 feet
|
34
| |
|
Secondary local
|
50
|
2 at 10 feet
|
30
|
D.
No reserve strips shall be approved except where the
control and disposal of land comprising such strips has been given
to the governing body.
E.
Where a development adjoins or includes existing streets
that do not conform to widths shown on the Master Plan or Official
Map or the requirements of this chapter, additional land along both
sides of said street sufficient to conform to the rights-of-way requirements
shall be either dedicated or anticipated in the development design
by creating oversized lots in a subdivision as well as increased building
setbacks to accommodate the widening at some future date. The additional
widening may be offered to the Village and, if offered, shall be expressed
on the plat as follows: "Street right-of-way easement granted to the
Village of Ridgefield Park." If the subdivision is along one side
only, 1/2 the required extra width shall be anticipated.
F.
Local streets shall be designed to discourage through
traffic, and grades shall not exceed 10%. On arterial and collector
streets, grades shall not exceed 4%. The minimum grade shall be 0.75%.
Maximum grade on any street within 100 feet of an intersection shall
be 4%.
G.
No local streets shall be part of a four-way intersection.
Intersecting street center lines shall be as nearly at right angles
as possible, and in no case shall they be less than 75°. Approaches
to all intersections shall follow a straight line for at least 100
feet, measured from the curbline of the intersecting street to the
beginning of the curve. No more than two street center lines shall
meet or intersect at any one point, and center-line offsets of less
than 125 feet shall be prohibited; intersections shall be rounded
at the curbline, with the street having the highest radius requirement
as outlined below determining the minimum standard for all curblines:
arterial at 40 feet, collector at 30 feet and local streets at 20
feet.
I.
Curved streets shall have a radius conforming to standard
engineering practice so that the minimum sight distance within the
curbline shall be 160 feet for a local street, 300 feet for a collector
street and 550 feet for an arterial street.
J.
Changes in horizontal and vertical alignment where
the algebraic difference "A" exceeds 1% shall be connected by a curve
having a length equal to 30A for local streets and 50A for collector
and arterial streets.
K.
Dead-end (cul-de-sac) streets.
(1)
Dead-end streets of a permanent nature (where its
extension is impractical or impossible) or of a temporary nature (where
provision is made for the future extension of the street) shall provide
a turnaround at the end with a right-of-way radius of not less than
50 feet and a curbline radius of not less than 40 feet. The center
point for the radius shall be on the center line of the associated
street or, if offset, to a point where the curbline radius is tangent
to the curbline of the approaching street.
(2)
If a dead-end street is temporary, provisions shall
be made for removal of the turnaround and reversion of the excess
right-of-way to the adjoining properties as an off-tract responsibility
of the developer creating the street extension when the street is
extended.
(3)
A dead-end street shall serve no more than 20 lots
or dwelling units nor exceed a length of 500 feet.
L.
No street shall have a name which duplicates or so
nearly duplicates in spelling or phonetic sound the name of existing
streets as to be confused therewith. The continuation of an existing
street shall have the same name. The names of new streets shall be
approved by the approving authority.
M.
Streetlighting. In all major developments, streetlights
shall be installed at street intersections and approximately 200 feet
apart along one side of all streets. All service connections shall
be underground. The design and type shall conform to recent installations
and be approved by the Engineer before installation.
N.
Streets shall be constructed in accordance with the
standard specifications of the New Jersey Department of Transportation.
Pavement thicknesses shall be not less than the following.
(3)
Where subbase conditions are wet, springy or of such
nature that surfacing would be inadvisable without first treating
the subbase, these areas shall be excavated to a depth of at least
12 inches below the proposed subgrade and filled with a suitable subbase
material as determined by the Municipal Engineer. Where required by
the Engineer, a system of porous concrete pipe subsurface drains shall
be constructed beneath the surface of the paving and connected to
a suitable drain. After the subbase material has been properly placed
and compacted, the surfacing material shall be applied.
No topsoil shall be removed from the development
site or used as spoil or fill. In addition, topsoil removed during
the course of construction shall be redistributed in the development
so as to provide equal distribution of cover to all areas of the development
and shall be stabilized by seeding and planting. At least six inches
of topsoil shall be provided on all areas not occupied by buildings
or walks.
Where water is accessible from a servicing utility,
the developer shall arrange for a connection to the system to serve
each use.
All amendments to this chapter which form a
part of the Development Regulations of the Village of Ridgefield Park
shall be adopted in accordance with the provisions of the New Jersey
Municipal Land Use Law.
A.
Any person or entity who violates any provision of
this chapter shall be punished by a fine not exceeding $1,000 or by
imprisonment in a place provided by the municipality for the detention
of prisoners not exceeding 90 days or by a period of community service
not exceeding 90 days. Any person who is convicted of violating this
chapter within one year of the date of a previous conviction of the
same ordinance, and who was fined for a previous violation or was
sentenced to a term in jail or to community service, shall be fined
by the court to an additional fine or jail sentence or community service
as a repeat defender. The additional penalty shall not be less than
$100 and shall not exceed the sum of $1,000 or imprisonment for a
term not to exceed 90 days or the person may be required to perform
community service for a term not to exceed 90 days.
B.
In the event a person cannot pay the fine, the court
may provide, in default of the payment of the fine, imprisonment in
the County Jail for a term not to exceed 90 days. The person may be
required to perform 90 days of community service. All penalties for
a violation of this chapter shall be in accordance with N.J.S.A. 40:49-5,
and the Code of the Village of Ridgefield Park. In addition to the
foregoing penalties, the municipality may enforce this chapter as
for any violation of ordinance in accordance with N.J.S.A. 40:55D-18,
which action shall be in the Superior Court of the State of New Jersey.
Each day a provision of this chapter is violated shall constitute
a separate and distinct violation.
All ordinances or parts of ordinances contrary
to or inconsistent with this chapter are hereby superseded. Any and
all ordinances or parts thereof in conflict or inconsistent with any
of the terms and provisions of this chapter are hereby repealed to
such extent as they are so in conflict or inconsistent.
This chapter is being published in accordance
with the provisions of N.J.S.A. 40:49-2 and 40:55D-62 et seq. Three
copies of this chapter as introduced have been placed on file in the
Village Clerk's office and are available for public inspection until
final action is taken on the chapter. Copies of these Development
Regulations, upon publication, shall be available to any members of
the public who request the same. This chapter shall become effective
upon final publication in accordance with the laws. A copy of this
chapter shall also be filed or adopted by the Bergen County Planning
Board.
[Added 11-26-2019 by Ord. No. 2019-12]
A.
Prior to the signing and recording of a final major subdivision plat,
and in the case of a site plan application, as a condition of final
site plan approval, the developer shall enter into an agreement with
the governing body and the approving land use board if so required
by the Village or the land use board. The agreement shall be in a
form acceptable to the Village Attorney and shall include provisions
ensuring, at a minimum, that the developer shall agree to:
(1)
Abide by the terms and conditions of approval;
(2)
Construct the required improvements in accordance with the approved
plans;
(3)
Maintain the constructed improvements, including but not limited
to payment of streetlighting charges, snow removal, maintenance of
storm drainage and sewer and water facilities;
(4)
Post appropriate performance guarantees and proof of insurance, including
indemnification agreements in favor of the Village, its land use boards,
and their respective employees, officers, officials, professionals
and agents;
(5)
Construct and manage all required affordable housing units in accordance
with the requirements of the Council on Affordable Housing, the New
Jersey Superior Court, or any other court or agency having jurisdiction
over the Village's affordable housing obligations;
(6)
Complete and maintain appropriate landscaping in accordance with
the landscape plan submitted to the land use board; and
(7)
Address all other items deemed necessary and appropriate by the Village
Attorney, Engineer, or Planner.
B.
The developer shall further agree that in the event the improvements
are not properly constructed or maintained, the Village may utilize
the cash portions of the performance guarantees to immediately address
the items presenting a safety hazard in the opinion of the Village.
C.
The developer shall reimburse the Village for the cost and expense
of preparing the developer's agreement and the filing of same
with the Bergen County Clerk in accordance with the Village's
applicable professional contract, prior to execution of same.
