For a minor subdivision, the procedure shall
be as follows:
A.
An application shall be submitted to the proper administrative
officer, in writing, in duplicate, on forms supplied by the Planning
Board, furnishing pertinent data, such as names and addresses of the
owner, agent and engineer and identification of the property involved.
B.
The application shall be accompanied by 10 copies
of a plan of the proposed subdivision accurately drawn to a scale
of not less than one inch equals 100 feet, certified by a licensed
land surveyor. All design shall be done by a licensed professional
engineer. The plan shall be of a size acceptable to the County Clerk
for filing and shall indicate:
(1)
The location of the lots to be created in relation
to the entire tract.
(2)
All existing structures and wooded areas within the
subdivision and contiguous lots.
(3)
The name of the owner and of all adjoining property
owners, as disclosed by the most recent municipal tax records.
(4)
The Tax Map sheet, block and lot numbers.
(5)
All streets and streams within 20 feet of the subdivision.
Both the width of paving and the width of rights-of-way shall be shown
for streets.
(6)
The area, in square feet, of all lots to be created.
(7)
A key map showing the entire subdivision and its relation
to surrounding areas.
(8)
Easements, covenants, streets, buildings, watercourses,
railroads, bridges, culverts, drainpipes, rights-of-way and drainage
easements.
(9)
Any variance or variances required.
(10)
The acreage of the entire parcel to be subdivided.
(11)
Date, North point and scale.
(12)
If regrading of the site, other than in the
foundation area of any proposed buildings or within 10 feet, is to
be done, a map showing existing and proposed contours at contour intervals
of two feet may also be required to be submitted before the plat is
approved.
C.
The Planning Board may require receipt of an application
14 days prior to the meeting at which action is to be taken on such
application.
D.
Upon receipt of a completed application, the Board shall, within the time periods prescribed by this chapter, approve or conditionally approve the subdivision without the necessity of full notice and hearing, classify the subdivision as a major subdivision or disapprove the subdivision. The Board may, in addition to any other conditions which the Board may deem necessary in order to carry out the purposes of this chapter, require as a condition for minor subdivision approval that the applicant install such improvements required by Article IV of this chapter as the Board, in accordance with law, shall deem necessary. Such improvements shall be in accordance with the standards set forth in Article V, and performance guaranties may be required in accordance with Article VII.
E.
Before the administrative officer returns any approved
minor subdivision plat to the subdivider, sufficient copies shall
be sent to the following:
For preliminary approval of a major subdivision
or site plan, the procedure shall be as follows:
A.
An application shall be submitted to the proper administrative
officer, in writing, in quadruplicate, on forms supplied by the Planning
Board, furnishing pertinent data, such as names and addresses of the
owner, agent and engineer and identification of property involved.
B.
The application shall be accompanied by the original drawing on tracing cloth and 10 copies of a preliminary plat of the proposed subdivision or of the site plan, accurate and to scale as to boundaries, existing features and proposed features. The accuracy of the boundaries and existing features shall be certified by a licensed land surveyor. All designs shall be done by a licensed professional engineer. The details of the plat shall be in conformity with § 303-16.
C.
Copies of preliminary plat.
(1)
Simultaneously with filing the application, copies
of the preliminary plat shall be forwarded by the applicant to the
following persons:
(2)
The applicant shall produce proof, by affidavit, of
the date such copies were forwarded. Said persons and boards may make
recommendations, in writing, to the Board within 30 days after service
of the preliminary plat on them. The Board shall take said recommendations
into account but shall have the authority to proceed in the absence
of such recommendation or to disregard or modify such recommendations.
Copies of all recommendations shall be sent to the applicant by the
recommending professionals and boards.
D.
Upon receipt of a completed application and the fees
required by the appropriate board, the Planning Board shall schedule
a public hearing. The applicant shall thereupon give notice of such
hearing in accordance with the requirements of this chapter and of
law.
E.
The developer shall notify, by registered mail, at
least 10 days prior to the hearing, all property owners within 200
feet of the extreme limits of the subdivision, as their names appear
on the municipal tax records. The notice shall state the time and
place of the hearing, a brief description of the proposed subdivision
and that a copy of the subdivision map has been filed with the Borough
Clerk for public inspection. The Planning Board Secretary shall, at
least 10 days prior to the hearing, cause a notice of the hearing
to be published in the official newspaper or a newspaper of general
circulation in the municipality.
[Added 9-17-1979 by Ord. No. 306[1]]
A.
The preliminary plat of a site plan or major subdivision
shall contain the following:
(1)
Date. All revisions shall be noted and dated.
(2)
Key map, at 1/4 the scale of the plat, showing the
location of the tract with reference to surrounding properties and
to a depth of 400 feet from existing street intersections.
(3)
Title of the development, North arrow, scale, block
and lot number, name and address of the record owner, and the name
and address and the license number and seal of the person preparing
the plat. If the owner of the premises is a corporation, the name
and address of the president and secretary shall be submitted with
the application.
(4)
A scale of not less than one inch equals 100 feet
as to subdivision plats and a scale of one inch equals 20 feet as
to site plans. All distances shall be in feet and decimals of a foot,
and all bearings shall be given to the nearest 10 seconds.
(5)
The names, as shown on the current tax records, of
all owners of the property within 200 feet of the subdivision, together
with the block and lot numbers of said property.
(6)
The zoning district in which the parcel is located,
together with zone boundaries included within the boundaries of the
parcel or within 200 feet therefrom.
(7)
Survey data, showing boundaries of the property, building
or setback lines and lines of existing and proposed streets, lots,
reservations, easements and areas dedicated to public use, including
grants, restrictions and rights-of-way.
(8)
Reference to any existing or proposed covenants, deed
restrictions or exceptions covering all or any part of the parcel.
A copy of such covenants, deed restrictions or exceptions shall be
submitted with the application.
(9)
The distances, measured along the right-of-way lines
of existing streets abutting the property, to the nearest intersections
with other public streets.
(10)
Location, type and size of all existing buildings
and all other structures, including walls, fences, culverts and bridges,
with spot elevations of such buildings and structures. Structures
to be removed shall be indicated by dashed lines; structures to remain
shall be indicated by solid lines.
(11)
Location of all existing and proposed storm
drainage structures and utility lines, whether publicly or privately
owned, with pipe sizes, grades and direction of flow, locations of
inlets, manholes or other appurtenances and appropriate invert and
other elevations. If any existing utility lines are underground, the
estimated location of said utility lines shall be shown.
(12)
Existing and proposed contours, referred to
United States Coast and Geodetic Survey datum, with a contour interval
of two feet for slopes of less than 10% and an interval of five feet
for slopes of more than 10%, to be extended 100 feet beyond the land
to be subdivided, plus tentative cross sections and center-line profiles
for all proposed new streets and proposed drainage facilities. Existing
contours are to be indicated by dashed lines, and proposed contours
are to be indicated by solid lines.
(13)
Location of existing rock outcrops, high points,
watercourses, depressions, ponds, marshes, wooded areas and other
significant existing features, including previous flood elevations
of watercourses, ponds and marsh areas, as determined by survey.
(14)
Proposed grades of all streets shall be shown
to a scale of one inch equals five feet vertical and one inch equals
50 feet horizontal, and drawings shall include both plans and profiles
and shall show elevations of all monuments referred to United States
Coast and Geodetic Survey level benchmarks, and such elevations shall
be shown in feet and hundredths of feet.
(15)
Plans and profiles of storm and sanitary sewers
and water mains.
(16)
The location of all existing and proposed waterlines,
valves and hydrants and all sewer lines or alternative means of water
supply or sewage disposal and treatment.
(17)
Existing and proposed stormwater drainage system.
All site plans and major subdivisions shall be accompanied by a plan
sketch showing all existing drainage within 500 feet of any boundary
and all areas, such as paved areas, grassed areas, wooded areas and
any other surface area, contributing to the calculations and showing
methods used in the drainage calculations.
(18)
Acreage, to the nearest tenth of an acre, of
the tract to be subdivided and the area, in square feet, of all lots.
(19)
Positions of existing and proposed monuments.
(20)
Open spaces, if any, to be dedicated for public
parks or playgrounds or other public use and the location and use
of all property reserved for the common use of all property owners.
(21)
Plans of proposed utility layouts (sewers, storm
drains, water, gas and electricity), showing feasible connections
to existing or any proposed utility systems. When an individual water
supply and/or sewage disposal system is proposed, the plan for such
system must be approved by the appropriate local, county and/or state
health agency.
(22)
Such other information or data as may be required
by the Planning Board or the County Planning Board for determination
that the details of the subdivision are in accordance with the standards
of this chapter, all other ordinances of the Borough and all other
applicable laws, ordinances or resolutions.
B.
In addition to the requirements of Subsection A of this section, the preliminary plat of a site plan shall contain the following:
(1)
The number and type of proposed use or uses of land
and buildings, together with the floor space of all buildings and
the estimated number of employees. If the precise use of the building
is unknown at the time of application, an amended plan showing the
proposed use shall be required prior to issuance of a certificate
of occupancy.
(2)
The means of vehicular access for ingress to and egress
from the site, showing, in particular, the size and location of driveways
and curb cuts; walkways; the proposed traffic channels, if any; additional
width, if any; and any other means of controlling vehicular and pedestrian
traffic.
(3)
The location and design of any off-street parking
areas or loading areas, showing size and location of bays, aisles
and barriers.
(4)
The location, direction of illumination, power and
hours of operation of existing and proposed outdoor lighting.
(5)
The location and elevation plan of existing and proposed
signs.
(6)
The proposed screening, landscaping and planting plan.
(7)
Such details as shall cause the preliminary plat of
the site plan to be in conformity with the standards promulgated by
the Commissioner of Transportation pursuant to the Air Safety and
Hazardous Zoning Act of 1983 (N.J.S.A. 6:1-80 et seq.) for any airport
hazard areas delineated under that Act.
[Added 5-16-1988 by Ord. No. 394]
A.
Preliminary approval of a major subdivision or of a site plan shall, except as provided in Subsection B of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs
and sidewalks; lot size; yard dimensions and off-tract improvements;
and, in the case of a site plan, any requirements for preservation
of existing natural resources, for safe and efficient vehicular and
pedestrian circulation, parking and loading, for screening, landscaping
and location of structures and for exterior lighting, except that
nothing herein shall be construed to prevent the municipality from
modifying, by ordinance, such general terms and conditions of preliminary
approval as relate to public health and safety.
(2)
That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary subdivision plat or site
plan, as the case may be.
(3)
That the applicant may apply for, and the Planning
Board may grant, extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
B.
In the case of a subdivision or of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration 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 or sections 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.
For final approval of a major subdivision or
site plan, the procedure shall be as follows:
A.
The plat and an application for final approval, in
quadruplicate and in a form approved by the Board, shall be submitted
to the proper administrative officer, together with the fee required
by ordinance.
B.
The original cloth tracing and five white prints (blue
or black on white) of the plat of a subdivision shall accompany the
application. No final plat shall be required for a site plan. The
number of prints required may be altered from time to time by the
appropriate board.
C.
The plat of a subdivision shall not differ substantially
from the preliminary plat as approved.
E.
The administrative officer shall make a record of
the date of submission of the final plat and application and shall
forthwith transmit the final plat and application to the Planning
Board.
F.
Prior to final approval, the Board, upon the advice
of the Borough Engineer, shall determine:
(1)
The nature of the improvements to be required as a
condition of final approval.
(2)
The estimated value of the improvements installed
or to be installed in accordance with this chapter.
(3)
The nature and amount of performance guaranties, if
any, to be required as a condition of final approval.
(4)
The amounts to be deposited to reimburse the Planning
Board and Borough for costs incurred or to be incurred for legal,
engineering and other consultant reports, for recording fees and for
any other costs anticipated by the Board.
(5)
Any other conditions upon which final approval will
be granted.
G.
Prior to final approval, the applicant shall submit
to the Board:
(1)
A developer's agreement, prepared by the Board Attorney,
setting forth the obligations of the applicant in connection with
the final approval.
(2)
A performance guaranty, in a form satisfactory to
the Board and Borough, complying with this chapter and guaranteeing
performance of the developer's agreement.
(3)
Maintenance guaranties, if any, for work completed
prior to final approval.
(4)
Deeds for any easements, rights-of-way or public lands,
in a form satisfactory to the Board Attorney.
(5)
Funds to be deposited to reimburse the Board for costs
incurred or to be incurred for legal, engineering and other consultant
reports, for recording fees and for any other costs anticipated by
the Board.
(6)
Evidence of compliance with any other conditions imposed
by the Board.
I.
Upon final approval by the Planning Board and after
all required signatures are placed on the original tracing, the administrative
officer shall request the Borough Engineer to have one cloth print,
one Mylar reproducible and 10 copies made of such final plat and file
a copy thereof with each of the following:
[Added 5-16-1988 by Ord. No. 390]
A.
Conditions precedent. Whenever any application for
development is approved subject to specified conditions, intended
to be fulfilled before the approval becomes effective, said conditional
approval shall lapse and become null and void unless all specified
conditions are fulfilled within 180 days of the date of conditional
approval.
B.
The fulfillment of all conditions precedent shall
be reported in writing to the Borough agency (i.e., Planning Board),
which may cause such reports to be verified in an appropriate manner.
Only upon fulfillment of all conditions shall any subdivision map
or site plan be signed or any required building or zoning permit or
certificate of occupancy be issued.[1]
C.
Conditions subsequent. Whenever any application for
development is approved subject to conditions which by their terms
are incapable of being fulfilled or are not required to be fulfilled
prior to the final approval of the application, the performance of
which is not guaranteed by bonds or securities of any type, failure
to fulfill any such condition within 180 days from the date of final
approval of the application for development shall be grounds for the
issuance of a stop-work order by the enforcing official and the withholding
of any zoning permit, certificate of occupancy or any other approval
until such condition or conditions are fulfilled.
D.
Nothing herein shall be construed to prevent the Borough
agency from specifying a longer period of time within which any specific
condition must be fulfilled or from granting, upon an ex parte application,
an extension of time for good cause shown.
E.
The fulfillment of all conditions shall be reported
in writing to the Borough agency, which may cause such reports to
be verified in an appropriate manner. Only upon fulfillment of all
conditions shall any subdivision map or site plan be signed or any
referred building or zoning permit or certificate of occupancy or
other required approval be issued.[2]
[Added 5-16-1988 by Ord. No. 390]
A.
An applicant shall be responsible to reimburse the
Borough for:
(1)
All expenses of professional personnel incurred and
paid by it necessary to process an application for development before
a Borough agency, such as, but not by way of limitation:
(a)
Charges for reviews by professional personnel
of applications and accompanying documents.
(b)
Issuance of reports by professional personnel
to the Borough agency setting forth recommendations resulting from
the review of any documents submitted by the applicant.
(c)
Charges for any telephone conference or meeting
requested or initiated by the applicant, his attorney or any of his
experts.
(d)
Review of additional documents submitted by
the applicant and issuance of reports relating thereto.
(e)
Review or preparation of easements, developer's
agreements, deeds, or the like.
(f)
Preparation for and attendance at special meetings.
(2)
The cost of expert advice or testimony obtained by
the Borough agency for the purpose of corroborating testimony of the
applicant's experts, provided that the Borough agency gives prior
notice to the applicant of its intention to retain such additional
expert advice and affords the applicant an opportunity to be heard
as to the necessity for such additional advice and definition of the
limitation on the nature and extent thereof.
B.
No applicant shall be responsible to reimburse the
Borough for any of the following:
(1)
Attendance by the Borough's professional personnel
at any regularly scheduled meeting of the Borough agency; provided,
however, that the Borough shall be entitled to be reimbursed for attendance
of its professional personnel at special meetings of a Borough agency
which were requested to be called by the applicant for the applicant's
convenience.
(2)
The preparation of a resolution or memorializing resolution
setting forth the findings and conclusions of the Borough agency with
respect to an application.
C.
The term "professional personnel" or "professional
services" as used herein shall include the services of a duly licensed
engineer, surveyor, planner, attorney, realtor, appraiser or other
expert who would provide professional services to ensure that an application
for development meets the performance standards set forth in this
chapter and other experts whose testimony is in an area testified
to by the applicant's expert or experts.
D.
No subdivision plot or site plan shall be signed,
nor shall any building or zoning permit or certificate of occupancy
be issued, until all bills for reimbursable services have been received
by the Borough from professional personnel rendering services in connection
with the application, unless the applicant shall have deposited with
the Borough Clerk an amount agreed upon by the applicant and Borough
agency as likely to be sufficient to cover all reimbursable items,
and upon the posting of said deposit with the Borough Clerk, the maps
or permits may be signed and released or issued to the applicant.
In the event the amount of deposit exceeds the actual cost of services
rendered, the applicant shall be entitled to return of the excess
deposit together with such interest as authorized by statute, but
if the charges submitted exceed the amount of deposit, the applicant
shall be liable for payment of such deficiency.[1]
The final plat of a site plan or subdivision
shall contain the following:
A.
Date, name and location of the subdivision, name of
the owner, graphic scale and reference meridian.
B.
Tract boundary lines; right-of-way lines of streets;
street names; easements and other rights-of-way; land to be reserved
or dedicated to public use; all lot lines and other site lines, with
accurate dimensions, bearings or deflection angles and radii, arcs
and central angles of all curves; and the area of each lot.
C.
The names, exact locations and widths of all existing
and recorded streets intersecting or paralleling the plot boundaries
within a distance of 200 feet.
D.
The purpose of any easement or land reserved or dedicated
to public use shall be designated, and the proposed use of the site,
other than residential, shall be noted.
E.
Lot, block and street numbers as approved by the Borough
Engineer, including lot and block numbers of abutting property.
F.
Minimum building setback line on all lots and other
sites.
G.
Location and description of all monuments.
H.
Names of owners of adjoining unsubdivided land.
I.
Certification by the surveyor as to the accuracy of
the details of the plat.
J.
Certification that the applicant is the agent or owner
of the land or that the owner has given consent under an option agreement.
K.
When approval of a plat is required by any other officer
or body of a municipality, county or state, such approval shall be
certified on the plat, or evidence shall be submitted that an application
has been made for such approval.
L.
Proposed final grades of all streets shall be shown
to a scale of one inch equals five feet vertical and one inch equals
50 feet horizontal on sheets 22 inches by 36 inches, and drawings
shall include both plans and profiles and shall show elevations of
all monuments referred to United States Coast and Geodetic Survey
level benchmarks, and such elevations shall be shown in feet and hundredths
of a foot.
M.
Plans and profiles of storm and sanitary sewers and
water mains.
N.
A certificate from the Tax Collector that all taxes
are paid to date.
O.
Written proof that the land set aside or shown for
easement, public use or streets is free and clear of all liens and
encumbrances.
P.
For final
site plan approval, where the subject land is contaminated and requires
remediation, written proof from the appropriate environmental agency
that the land has been fully remediated in accordance with all acceptable
standards.
[Added 4-18-2011 by Ord.
No. 658]
A.
After installation of the improvements required by
this chapter, the subdivider or applicant for site plan approval shall
cause to be prepared, signed and sealed by a licensed professional
engineer or land surveyor:
(1)
Plans showing:
(a)
The contours (at two-foot intervals for lands
having slopes averaging 10% or greater and at one-foot intervals for
lands of lesser average slopes) of the land as finally graded.
(b)
The location, as built, of all improvements
required by this chapter, including, without intending to limit the
generality hereof, the location of water mains, gas mains and underground
supply lines for light, power and telephone service, septic systems,
well heads and package treatment plants and all of their appurtenances.
(2)
Profiles, as built, of streets, storm sewers and sanitary
sewers, if applicable, and their respective appurtenances.
(3)
Cross sections, as built, of streets.
B.
The plans, profiles and cross sections required by
this section are hereinafter referred to as "as-built plans."
