[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 6-28-1983 by Ord. No. 568. Amendments noted where
applicable.]
GENERAL REFERENCES
Development fees — See Ch. 17.
Excavations and dredging — See Ch. 21.
Floodplain management — See Ch. 27.
Land use procedures — See Ch. 32A.
Landscaper registration — See Ch. 32C.
Official Map — See Ch. 39.
Property maintenance — See Ch. 47.
Soil movement — See Ch. 63.
Soil importation — See Ch. 63A.
Uniform Construction Code Department — See Ch. 77.
Zoning — See Ch. 85.
This chapter shall be known and may be cited as the "Land Subdivision
and Site Plan Review Ordinance of the Borough of Ho-Ho-Kus."
The purpose of this chapter is to provide guidelines, rules,
regulations and standards for land subdivision and for site plan review
in the Borough of Ho-Ho-Kus, in order to promote its public health,
safety, convenience and general welfare. Its administration will ensure
the orderly growth, development, conservation, protection and proper
use of land. It will provide for adequate traffic circulation and
utilities and serve to preserve and enhance the unique historical
character, appearance and visual quality of the Borough.
As authorized by N.J.S.A. 40:55D-37, the provisions of this
chapter shall be administered by the Planning Board; provided, however,
that whenever, pursuant to law or ordinance, the Board of Adjustment
has jurisdiction to grant the plan approval, then the applicable provisions
of this chapter shall be administered by the Board of Adjustment.
Certain words and terms in this chapter are to be given the
following meanings:
The person with whom applications for development are filed
pursuant to this chapter. The administrative officer for the Board
of Adjustment shall be the Secretary to the Board of Adjustment. The
administrative officer for the Planning Board shall be the Secretary
to the Planning Board.
As applied to a building, a structure or use, any change
in supporting or nonsupporting members of a building or structure,
any addition to or diminution of a building or structure, or change
in use from that of one district classification to another, or any
removal of a building or structure or part thereof from one location
to another.
A developer submitting an application for development.
The application form and all accompanying documents required by this chapter, Chapter 32A, Land Use Procedures, and the rules and regulations of the Board for approval of a subdivision plat, site plan, plan development, conditional use, zoning variance or direction of the issuance of a construction permit pursuant to the Municipal Land Use Act.[1]
A person licensed to engage in the practice of a professional
architect by the State of New Jersey pursuant to N.J.S.A. 45:3-1.
The Board of Adjustment or the Planning Board when either one is authorized to act by the Municipal Land Use Law, Chapter 32A, Land Use Procedures, or this chapter.
The Board of Adjustment of the Borough of Ho-Ho-Kus.
The Board of Health of the Borough of Ho-Ho-Kus.
The licensed engineer serving the Borough of Ho-Ho-Kus.
A structure enclosed within exterior walls or fire walls
built, erected and framed of component structural parts and designed
for the housing, shelter, enclosure and support of persons, animals
or property of any kind.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
An application form completed as specified by ordinance and
the rules and regulations of the Board, and all accompanying documents
required by ordinance for approval of the application for development,
including, where applicable, but not limited to, a site plan or subdivision
plat, provided that the Board may require such additional information
not specified in the ordinance, or any revisions in the accompanying
documents, as are reasonably necessary to make an informed decision
as to whether the requirements necessary for approval of the application
for development have been met. The application shall not be deemed
incomplete for lack of any such additional information or any revisions
in the accompanying documents so required by the Board. An application
shall be certified as complete immediately upon the meeting of all
requirements specified in the ordinance and in the rules and regulations
of the Board and shall be deemed complete as of the day it is so certified
by the administrative officer for purposes of the commencement of
the time period for action by the Board.
Calendar days.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill, and any use or change in the use
of any building or other structure or land extension or use of land
for which permission may be required pursuant to this chapter or the
Municipal Land Use Law.[2]
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions, as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
The lands required for the installation of stormwater sewers,
sanitary sewers or drainage ditches as required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage in accordance
with N.J.S.A. 58:1-1 et seq.[3]
A building designed or used exclusively as the living quarters
for one or more families, but not including campers, mobile homes
or trailers.
A detached building designed for or occupied exclusively
by not more than one family.
A detached building designed for or occupied by two families
living independently of each other.
A building or entirely self-contained portion thereof having
cooking, sleeping and sanitary facilities providing complete housekeeping
facilities for only one family.
A person licensed to engage in the practice of a professional
engineer by the State of New Jersey pursuant to N.J.S.A. 45:8-1.[4]
The official action of the Board taken on a preliminary approved
major subdivision or site plan after all conditions, engineering plans
and other requirements have been completed or fulfilled and the required
improvements have been installed or guaranties properly posted for
their completion or approval conditioned upon the posting of such
guaranties and entering into a developer's agreement, if required.
The final map of all or a portion of the subdivision or site
plan, which is presented for final approval in accordance with these
regulations and which, if approved, shall be filed with the proper
county recording officer, and meeting the requirements of this chapter.
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey.
In an administrative proceeding before a Borough agency, any
person, whether residing within or without the Borough, whose right
to use, acquire or enjoy property is or may be affected by any action
taken under this chapter or whose rights to use, acquire or enjoy
property under this chapter or under any law of this state or of the
United States have been denied, violated or infringed by an action
or a failure to act hereunder.
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading material.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area of a lot expressed in square feet or acres. Any
portion of a lot included in a street shall not be included in calculating
lot area. However, any portion of a lot or lots dedicated to the Borough
for the public use shall not be deducted from the calculation of the
lot area.
Any security that is acceptable to the governing body to
secure the maintenance of improvements installed by developers for
a period of three years after release of the performance guaranty
with respect to such improvements.
Any site plan not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to Section 19 of the Municipal Land Use Law.[5]
A development plan of one or more lots which proposes new
development within the scope of development specifically permitted
by ordinance as a minor site plan; does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to N.J.S.A. 40:55D-42 of the Municipal Land
Use Act; and contains the information reasonably required in order
to make an informed determination as to whether the requirements established
by ordinance for approval of a minor site plan have been met.
Any subdivision containing not more than two lots, provided
that such subdivision does not involve a planned development, any
new street or the extension of any off-tract improvement, the cost
of which is to be prorated pursuant to Section 30 of the Municipal
Land Use Act.[6]
Chapter 291 of the Public Laws of the State of New Jersey
of 1975, and all amendments and supplements thereto.[7]
A map adopted in accordance with the Official Map and Building
Permit Act, N.J.S.A. 40:55-1.30 et seq.,[8] or any prior act authorizing such adoption. Such map shall
be conclusive with respect to the locations and width of the streets,
public parks and playgrounds and drainage rights-of-way shown thereon.
Located outside the lot lines of the lot in question but
within the parcel of land (of which the lot is a part) which is the
subject of a development application or contiguous portion of a street
or right-of-way.
Not located on the parcel of land which is the subject of
a development application nor on a contiguous portion of a street
or right-of-way.
Located on the lot in question.
Located on the parcel of land which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings to develop
the same under this chapter.
Any applicant for development, the owners of the subject
land and all owners of land and government agencies entitled to notice
under this chapter.
Any security which may be accepted by the Borough, including
cash, provided that the Borough shall not require more than 10% of
the total performance guaranty in cash, in lieu of a requirement that
certain improvements be made before the Planning Board or other approving
body approves a plat, including performance bond, escrow agreements
and other similar collateral or surety agreements.
A certificate issued by the Uniform Construction Code Department[9] of the Borough of Ho-Ho-Kus upon completion of the construction
of a new building or addition, or upon a change in the occupancy of
a building (other than a dwelling unit as defined in this chapter),
which certifies that all requirements of this chapter, the construction
permit, the Uniform Construction Code and all other applicable laws
and ordinances have been met and that the purpose for which a building
or land is to be used is in conformance with the uses permitted and
all other requirements under this chapter for the zone in which it
is located or is to be located.
A construction permit issued by the Uniform Construction
Code Department of the Borough of Ho-Ho-Kus for the construction,
reconstruction, remodeling, alteration or repair of a building upon
approval of the submitted application and plans.
A person licensed to engage in the practice of professional
planning by the State of New Jersey pursuant to N.J.S.A. 45:14A-1
et seq.
The Planning Board of the Borough of Ho-Ho-Kus.
The map or maps of a subdivision or site plan.
Rights conferred pursuant to this chapter prior to final
approval after a complete application has been submitted and approved
and the requirements established by the Planning Board have been satisfied.
The preliminary map indicating the proposed layout of a subdivision
or site plan which is submitted to the Secretary of the Planning Board
for its consideration and tentative approval and meeting the requirements
of this chapter.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the biological, as well as drainage, function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical and to lessen nonpoint
pollution.
A structure designed for the separation of varying ground
levels.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
of a product of erosion.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping structures and signs, and
lighting and screening devices; and any other information required
by this chapter that may be reasonably required in order to make an
informed determination pursuant to this chapter.
The sketch map of a subdivision or a site plan of sufficient
accuracy to be used for the purpose of discussion and meeting the
requirements of this chapter.
Standards adopted by ordinance pursuant to Subsection 52d
of the Municipal Land Use Act[10] regulating noise levels, glare, earthborne or sonic vibrations,
heat, electronic or atomic radiation, noxious odors, toxic matters,
explosive and inflammable matters, smoke and airborne particles, waste
discharge, screening of unsightly objects or conditions and such other
similar matters as may be reasonably required by the municipality
or required by applicable federal or state laws or municipal ordinances.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
or which is shown upon a plat heretofore approved pursuant to law;
or which is approved by official action as provided by the Municipal
Land Use Act; or which is shown on a plat duly filed and recorded
in the office of the county recording officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
For the purpose of this chapter, streets shall be classified as follows:
ARTERIALThose which are used primarily for fast or heavy traffic.
COLLECTORThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such development.
MINORThose which are used primarily for access to the abutting properties.
MARGINAL ACCESSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created: divisions
of land found by the Planning Board or Subdivision Committee thereof
appointed by the Chairman to be for agricultural purposes where all
resulting parcels are five acres or larger in size; divisions of property
by testamentary or intestate provisions; division of property upon
court order, including but not limited to judgments of foreclosure;
consolidation of existing lots by deed or other recorded instrument;
and the conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the administrative officer to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the Tax Map or Atlas of the
municipality. The term "subdivision" shall also include the term "resubdivision."
A typed or printed verbatim record of the proceedings or
reproduction thereof.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Section 47 and Sections 29.2b, 57c and 57d of
the Municipal Land Use Act.[11]
A document signed by the administrative officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of Chapter 85, Zoning, or variance therefrom duly authorized by the Board pursuant to Sections 47 and 57 of the Municipal Land Use Act.[12]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[3]
Editor's Note: N.J.S.A. 58:1-1 et seq. was repealed by L.
1945, c. 22, p. 79, § 44; L. 1979, c. 359, § 15;
L. 1981, c. 262, § 26. See now N.J.S.A. 58:1A-1 et seq.
[4]
Editor's Note: N.J.S.A. 45:8-1 was repealed by L. 1938, c.
342, § 23. See now N.J.S.A. 45:8-27 et seq.
[5]
Editor's Note: See N.J.S.A. 40:55D-28.
[6]
Editor's Note: See N.J.S.A. 40:55D-42.
[7]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[8]
Editor's Note: N.J.S.A. 40:55-1.30 was repealed by P.L. 1975,
c. 291. See now N.J.S.A. 40:55D-1 et seq.
[10]
Editor's Note: See N.J.S.A. 40:55D-65d.
[11]
Editor's Note: See N.J.S.A. 40:55D-60, N.J.S.A. 40:55D-40b
and N.J.S.A. 40:55D-70c and d, respectively.
[12]
Editor's Note: See N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-70,
respectively.
A.
Subdivision approval. No person shall transfer, sell or agree to
transfer or sell, except pursuant to an agreement expressly conditioned
on final subdivision approval, any land which forms part of a subdivision
as defined in this chapter until final approval of such subdivision
has been obtained pursuant to this chapter.
B.
Site plan approval.
[Amended 12-11-1985 by Ord. No. 593; 4-22-1997 by Ord. No. 776]
(1)
No building permit shall be issued for a new building unless a site
plan shall have first been approved by the Planning Board or in accordance
with the terms of this chapter.
(2)
No building permit shall be issued for an addition or alteration
to an existing building unless a site plan shall have first been approved
by the Planning Board or in accordance with the terms of this chapter.
(3)
No certificate of occupancy shall be issued for any addition to an
existing building or for a change in use, ownership or occupancy of
a building or part thereof, unless a site plan shall have first been
approved by the Planning Board or in accordance with the terms of
this chapter.
(4)
Site plan review and approval shall be required before any excavation,
removal of soil, clearing of a site or placing of any fill or lands
contemplated for development.
(5)
Notwithstanding the provisions of Subsection B(1), (2), (3) and (4) of this section, no site plan approval shall be required prior to the issuance of a building permit for any new building or addition to an existing building or prior to the issuance of a certificate of occupancy for any building or addition, if such building or addition is used or to be used solely as a single- or two-family dwelling or an accessory thereto.
(6)
Notwithstanding the provisions of Subsection B(5) in this section, for purposes of this chapter, a townhouse development comprising more than two dwelling units shall be subject to site plan approval, and, prior to approval of any site plan for the erection of a townhouse within the R-5 Planned Residential Townhouse District, the Planning Board shall find the following facts and conclusions:
(a)
Departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards pursuant to N.J.S.A. 40:55D-65, Subsection c.
(b)
The proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate.
(c)
Provisions through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic
and the amenities of light and air, recreation and visual enjoyment
are adequate.
(d)
The proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(e)
In the case of a proposed development which contemplates construction
over a period of years, the terms and conditions intended to protect
the interests of the public and of the residents, occupants and owners
of the proposed development in the total completion of the development
are adequate.
[Added 4-22-1997 by Ord. No. 776]
The Planning Board may waive some or all of the procedural requirements
for site plan approval required for a change of occupancy by expressly
making specific findings that the proposed change of occupancy:
A.
Minor subdivision or site plan approval.
(1)
At least 14 days prior to the regular meeting of the Board, an applicant
requesting minor subdivision or site plan approval must submit to
the proper administrative officer the following:
(a)
A properly completed application form furnishing pertinent data,
such as names and addresses of the owner, agent and engineer, and
identification of property involved.
(2)
Upon receipt of a complete application, as defined herein, for minor subdivision or site plan approval, the Board shall, within the time period prescribed by Chapter 32A of this Code and N.J.S.A. 40:55D-1 et seq., approve or conditionally approve the subdivision or site plan without the necessity of full notice and hearing, classify the subdivision or site plan as a major subdivision or major site plan, or disapprove the subdivision or site plan. The Board may grant such exceptions as set forth in § 32A-9 and, in addition to 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 or site plan approval, that the applicant install such improvements as are required in § 32B-11 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 § 32B-10, and performance guaranties may be required in accordance with § 32B-12 of this chapter. In no event shall final approval be granted unless the applicant submits proof that no taxes or assessments for local improvements are due or delinquent on the property for which the application for minor subdivision and/or minor site plan is made.
(3)
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.6 or the Municipal Land Use
Act, the Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the County Planning
Board or approval by the County Planning Board by its failure to report
therein within the required time period.
(4)
Copies.
(a)
Before the administrative officer returns any approved minor
subdivision or site plan plat to the applicant, sufficient copies
shall be sent to each of the following:
(b)
The cost of the copies will be charged to the applicant and
shall be collected before the return of the original sketch plat to
the applicant.
(5)
For a minor subdivision, either a deed clearly describing the approved
minor subdivision or a plat in conformity with such approval and drawn
in compliance with the Map Filing Law, P.L. 1960, c. 141,[1] must be filed by the applicant with the county recording
officer, the Borough Engineer and the Borough Tax Assessor within
190 days from the date of Board approval, or said approval will expire.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(6)
If the plat is classified as a major subdivision or major site plan, a notation to that effect shall be made on the plat, which will be returned to the applicant for compliance with the procedure set forth in § 32A-10 of this Code. A public hearing shall be required on all major subdivisions or major site plans.
(7)
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which a minor subdivision or minor site plan approval was granted thereunder shall not be changed for a period of two years after the date of approval, provided that for an approved minor subdivision, it shall have been duly recorded as provided in § 32B-7A(5) of this chapter and the provisions of the Municipal Land Use Act.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Major subdivision and/or site plan preliminary approval.
(1)
Prior to the submission of an application for preliminary approval of a major subdivision or a major site plan, 18 blue- or black-on-white prints of a sketch plat shall be submitted to the proper administrative officer. Said plat shall be presented in tentative form for the purpose of defining specific application requirements for the preliminary major subdivision or major site plan approval. The details of the sketch plat shall be in conformity with § 32B-9A of this chapter. After the Board, or a subcommittee thereof, shall have reviewed the sketch plat and made any suggested changes, the applicant shall then proceed with an application for preliminary approval.
(2)
At least two weeks prior to the regular meeting of the Board, an
applicant requesting preliminary approval of a major subdivision or
major site plan must submit to the proper administrative officer in
writing, on forms supplied by the Board, the following:
(a)
A properly completed subdivision or site plan application form
furnishing pertinent data, such as names and addresses of the owner,
agent and engineer and identification of property involved.
(b)
Stockholders.
[1]
An application for permission to subdivide a parcel of land
into six or more lots, or applying for a variance to 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.
[2]
In the event that a corporation or partnership owns 10% or more
of the stock of a corporation, or a ten-percent or greater interest
in a partnership, subject to disclosure pursuant to the preceding
subsection, that corporation or partnership shall list the names and
addresses of its stockholders holding 10% or more of its stock or
a 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 ownership criterion of 10% established in the Municipal Land Use
Act have been listed.
(d)
The application shall be accompanied by 10 copies of a preliminary plat of the proposed major subdivision or site plan, accurate and to scale as to boundaries, existing features and proposed features. The accuracy of the boundaries and existing features shall be certified by a licensed land surveyor. All design shall be done by a licensed professional engineer. The details of the preliminary plat shall be in conformity with § 32B-9B.
(e)
Copies.
[1]
Simultaneously with filing the application, the applicant shall forward
copies of the preliminary plat to the following persons and immediately
file proof by affidavit of the date said copies were sent:
[2]
Said persons and boards may make recommendations in writing to the Board within 30 days after service of the preliminary plat. 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 recommendation and shall also consider the exceptions permitted in § 32A-9 of this Code. Copies of all recommendations shall be sent to the applicant by the recommending professionals and boards.
(3)
Upon receipt of a complete application for preliminary subdivision or site plan approval, as defined herein and in accordance with the rules and regulations of the Board, the Board shall schedule a date of hearing and give due notice to the applicant, who shall, in accordance with Chapter 32A of this Code and the Municipal Land Use Act (N.J.S.A. 40:55D-12), notify the surrounding property owners of such hearing.
(4)
The Board shall act upon a preliminary plat within the time period prescribed in Chapter 32A of this Code and in accordance with the Municipal Land Use Act.
(5)
Preliminary approval of a major subdivision or site plan shall, except as provided in Subsection B(6) of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements; and, 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.
(b)
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.
(c)
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.
(6)
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 B(5)(a) and (b) 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 the 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 the nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and the nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development; provided, however, that if the design standards have been revised, such revised standards may govern.
For final approval of a major subdivision and/or major site
plan, the procedure shall be as follows:
A.
The approved preliminary plat and an application for final approval, in triplicate and in a form approved by the Board, shall be submitted to the proper administrative officer, together with the fee required by § 32A-29 of this Code.
B.
The original cloth tracing and five white prints (blue- and black-on-white)
of the final plat of the subdivision or site plan shall accompany
the application.
C.
The final plat of the major subdivision or major site plan shall
not differ substantially from the preliminary plat as approved.
D.
The final plat of a major subdivision or major site plan shall be
drawn in ink on tracing cloth at a scale of not less than one inch
equals 50 feet and in compliance with all the provisions of the Map
Filing Law[1] and with the plat details contained herein.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
E.
The administrative officer shall make a record of the date of submission
to him of the final plat and complete application and shall forthwith
transmit the final plat and application to the 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 to 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 or exceptions upon which final approval will
be granted.
G.
Prior to final approval, the applicant shall submit to the Board:
(1)
A developer's agreement, if required by the Board, setting forth
the obligations of the applicant in connection with the final approval.
Such agreement shall be prepared by the Attorney for the Board, and
the reasonable cost of drafting the same as set by the rules and regulations
of the appropriate Board shall be paid by the applicant.
(2)
A performance guaranty in a form satisfactory to the Board and the
Borough, complying with this chapter and guaranteeing performance
of this developer's agreement if required by the Board or guaranteeing
any conditions which may be set forth in the resolutions of the Board
granting final approval.
(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's Attorneys.
(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.
H.
Upon receipt of a complete application, as defined herein and in accordance with the rules and regulations of the Planning Board, the Board shall act on said application within the time period prescribed in Chapter 32A of this Code and in accordance with the Municipal Land Use Act. The Planning Board shall approve, conditionally approve or disapprove the final plat and report said action, whether it is approval, conditional approval or disapproval, to the Mayor and Council. In case of approval, the final plat shall be so certified. The applicant shall be notified of the Board's action and the reasons therefor. In no event shall final approval be granted unless the applicant submits proof that no taxes or assessments for local improvements are due or delinquent on the property for which the application for major subdivision and/or major site plan is made.
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
and one Mylar reproducible and 10 copies made of such final plat and
file a copy thereof with each of the following:
J.
Major subdivision and/or major site plan as-built plans.
(1)
After installation of the improvements required by this chapter,
the subdivider or applicant for site plan approval shall cause to
be prepared, signed and sealed by a licensed professional engineer
or land surveyor:
(a)
A plan showing:
[1]
The contours (at five-foot intervals for lands having slopes
averaging 10% or greater and at two-foot intervals for lands of lesser
average slopes) of the land as finally graded.
[2]
The location, as built, of all improvements required by this
chapter, including, without intending to limit the generality hereof,
the location of water mains, gas mains and underground supply lines
for light, power and telephone service, and all of their appurtenances.
(b)
Profiles, as built, of streets, storm sewers and sanitary sewers
and their respective appurtenances.
(c)
Cross sections, as built, of streets.
(2)
The plans, profiles and cross sections required by this subsection
are hereinafter referred to as "as-built plans."
A.
Sketch plat for a site plan or minor subdivision approval. The sketch
plat shall be based upon an accurate survey; shall be prepared and
certified by a licensed New Jersey engineer, land surveyor, architect
or planner; shall be at a scale of not less than one inch equals 50
feet; and shall be designed in accordance with the provisions of this
chapter and shall show or be accompanied by the following information:
(1)
The name of development, North arrow, graphic scale, block and lot
number, and surrounding block and lot numbers, name and address of
the record owner and name and address of the developer.
(2)
All distances in feet and decimals of a foot and all bearings of
boundary lines given to the nearest 10 seconds.
(3)
The location of any existing buildings on the site and all other
structures, including walls, fences, culverts and adjacent streets,
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.
(4)
The location and first-floor elevation of all proposed buildings
and other structures and the elevation of the finished grade at each
corner of all structures.
(5)
Wooded areas, existing and proposed contours, with a contour interval
of two feet for slopes of 10% or less and a contour interval of five
feet for slopes over 10%.
(6)
The location and design of any on-site parking areas or loading areas,
showing the size and location of spaces, bays, aisles and barriers.
(7)
The location, size, type and height of directional regulatory or
advisory signs or pavement markings.
(8)
The location of driveways within 100 feet of the site boundaries.
(9)
A locator map showing all road intersections within 500 feet.
(10)
All lot lines and owners of lots within 200 feet of the site.
B.
Preliminary plat, major subdivision and major site plan.
(1)
The preliminary plat shall be clearly and legibly drawn or reproduced by a licensed and certified New Jersey engineer, land surveyor, architect or planner at a scale of not less than one inch equals 50 feet. The preliminary plat shall be designed in compliance with § 32B-10 of this chapter and shall show or be accompanied by the following information, as well as the information contained upon the sketch plat:
(a)
All revisions shall be noted and dated.
(b)
A key map showing the location of the tract with reference to
surrounding properties and existing street intersections.
(c)
Title of the development, North arrow, scale, block and lot
number, name and address of the record owner, and the name and address,
license number and seal of persons preparing the plat.
(d)
A scale of not less than one inch equals 50 feet. All distances
shall be in feet and decimals of a foot, and all bearings shall be
given to the nearest second.
(e)
The names, as shown on the current tax records, of all owners
of the property within 200 feet of the subdivision, together with
the block and lot numbers of the property.
(f)
The zoning district in which the parcel is located, together
with the zone boundaries included within the boundaries of the parcel
or within 200 feet therefrom.
(g)
Survey data showing boundaries of the property, building or
setback lines, and lines of existing and proposed streets, lots, reservations,
easements and areas dedicated to public use, including grants, restrictions
and rights-of-way.
(h)
Reference to any existing or proposed covenants, deed restrictions
or exceptions covering all or any part of the parcel. A copy of such
covenants, deed restrictions or exceptions shall be submitted with
the application.
(i)
The distances, measured along the right-of-way lines of existing
streets abutting the property, to the nearest intersections with other
public streets.
(j)
The location of existing buildings and all other structures,
including walls, fences, culverts and bridges, with spot elevations
of such buildings and structures. Structures which are to remain or
which are to be removed shall be clearly indicated.
(k)
The 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 locations
of such utility lines shall be shown.
(l)
Existing and proposed contours 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%. Existing contours shall be indicated by dashed
lines, and proposed contours shall be indicated by solid lines.
(m)
The location of existing rock outcrops, high points, watercourses,
depressions, ponds, marshes, wooded areas and other significant existing
features, including previous flood elevations of watercourses, ponds
and marsh areas, as determined by survey.
(n)
All proposed streets, with profiles, indicating grading and
cross sections, showing width of the roadway, location and width of
the curb, if any, and the location and size of utility lines conforming
to the standards and specifications of the Borough.
(o)
The location of all existing and proposed waterlines, valves
and hydrants, and all sewer line or alternative means of water supply
or sewage disposal and treatment.
(p)
All site plans and major subdivisions shall be accompanied by
a plan sketch showing all existing drainage within 500 feet of any
boundary and all areas, such as paved areas, grassed areas, wooded
areas and any other surface area, contributing to the calculations,
and showing methods used in the drainage calculations.
(q)
Acreage, to the nearest tenth of an acre, of the tract to be
subdivided and the area, in square feet, of all lots.
(r)
Positions of existing and proposed monuments.
(s)
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.
(t)
Soil percolation tests or soil log tests, or both, as required
by the Board of Health.
(u)
Such other information or data as may be required by the Planning
Board or the County Planning Board for determination that the details
of the subdivision are in accordance with the standards of this chapter
and all other ordinances of the Borough and all other applicable laws,
ordinances or resolutions.
(2)
In addition to the requirements of this section, the preliminary
plat of a site plan shall contain the following:
(a)
The proposed use or uses of land and buildings, together with
the floor space of all buildings and the estimated number of employees.
If the precise use of the building is unknown at the time of the application,
an amended plan showing the proposed use shall be required prior to
issuance of a certificate of occupancy.
(b)
The means of vehicular access for ingress to and egress from
the site, showing, in particular, the size and location of driveways
and curb cuts; walkways; the proposed traffic channels, if any; additional
width, if any; and any other means of controlling vehicular and pedestrian
traffic.
(c)
The location and design of any off-street parking areas or loading
areas, showing the size and location of bays, aisles and barriers.
(d)
The location, direction and type of illumination, and the power
and hours of operation of existing and proposed outdoor lighting.
(e)
The location and elevation plan of existing and proposed signs.
(f)
The location and dimensions of proposed buffer areas.
(g)
The proposed screening, landscaping and planting plan.
(h)
Location and type of garage and refuse disposal facilities and
collection points for all recyclables.
[Amended 3-28-1989 by Ord. No. 639]
(i)
Evidence of compliance with federal, state or county requirements
which may be applicable.
(j)
Preliminary architectural plans and elevations shall accompany
the site plan submission.
(k)
The locations and types of fire hydrants and sprinkler connections
as determined by the Fire Prevention Bureau and the Borough Engineer.
(l)
A description of trucking operations on the site; the number
and size of trucks used in the applicant's operation; the number,
size and frequency of trucks making deliveries; and the time of loading
and unloading operations.
(m)
Such other information or data as may be required by the Board
for determining that the details of the site plan are in accordance
with the standards established by all pertinent ordinances of the
Borough.
(3)
The Board shall have the power to waive submission of any of the
above items which are not applicable to a particular application.
C.
Final plat, major subdivision and/or major site plan. The final plat
shall be drawn in ink on tracing cloth at a scale of not less than
one inch equals 50 feet and in compliance with all the provisions
of N.J.S.A. 46:23-9.9 et seq. The final plat shall include all sketch
plat and preliminary plat information and be accompanied by the following:
(1)
The date, name and location of the subdivision, the name of the owner,
graphic scale and reference meridian.
(2)
The tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines, with accurate dimensions,
bearings and deflection angles, and radii, arcs and central angles
of all curves, and the area of each lot in square feet.
(3)
The purpose of any easement of land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted.
(4)
Each block and lot shall be numbered, as designated by the Borough
Engineer.
(5)
Minimum building setback lines on all lots and other sites where
designated by deed restrictions.
(6)
The location and description of all monuments.
(7)
The names of owners of adjoining lands.
(8)
Certification by a licensed land surveyor of the State of New Jersey
as to accuracy of details of the plat.
(9)
Certification by the Borough Engineer as to compliance with this
chapter and the preliminary approval of the Planning Board.
(10)
When approval of a plat is required by any officer or body of
the Borough, county or state, approval shall be certified on the plat.
(11)
Cross sections and profiles of streets, approved by the Borough
Engineer, shall accompany the final plat.
(12)
Contours at five-foot intervals for slopes averaging 10% or
greater and at two-foot intervals for lands of lesser slope.
(13)
Plans and profiles of storm and sanitary sewers.
(14)
A certificate from the Tax Collector that all taxes and assessments
are paid to date.
A.
Subdivisions.
(1)
Compliance required. The subdivider shall observe the following requirements
and principles of land subdivision in the design of each subdivision
or portion thereof.
(2)
General. The subdivision plat shall conform to design standards that
will encourage good development patterns within the Borough. Where
either or both an Official Map or Master Plan has or have been adopted,
the subdivision shall conform to the proposals and conditions shown
thereon. The streets, drainage rights-of-way, school sites, public
parks and playgrounds shown on an officially adopted Master Plan or
Official Map shall be considered in approval of the subdivision plats.
Where not covered by a Master Plan or Official Map, streets and drainage
rights-of-way shall be shown on the final plat in accordance with
N.J.S.A. 40:55-1.20[1] and shall be such as to lend themselves to the harmonious
development of the Borough and enhance the public welfare in accordance
with the following design standards.
[1]
Editor's Note: N.J.S.A. 40:55-1.20 was repealed by P.L. 1975,
c. 291. See now N.J.S.A. 40:55D-1 et seq.
(3)
Streets.
(a)
All streets shall be laid out and arranged so as to compose
a convenient system consistent with the Official Map, if any, and
the circulation element of the Master Plan and so oriented as to permit,
within the limits of practicality and feasibility, the buildings constructed
thereon to maximize solar gain.
(b)
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets.
(c)
Minor streets shall be so designed as to discourage through
traffic.
(d)
Where the subdivision is adjacent to State Highway Route 17
or any of its overpasses, the subdivider shall convey to the Borough
all right of access to said highway or any of its overpasses so as
to prevent direct ingress and egress between the lots contained in
the subdivision and Route 17 or any of its overpasses; and, in addition
thereto, a strip of land 50 feet wide adjacent to said Route 17 or
any of its overpasses shall be restricted to the planting of trees
and shrubbery so as to insulate and screen the subdivision from said
Route 17 or any of its overpasses. The subdivider shall deliver such
deeds and easements as may be necessary to accomplish the aforesaid
purposes.
(e)
The right-of-way width shall be measured from lot line to lot
line and shall not be less than the fifty-foot width required in this
chapter. However, the right-of-way width for internal roads and alleys
shall be determined on an individual basis and shall in all cases
be of sufficient width and design to safely accommodate the maximum
traffic, parking and loading needs and maximum access for fire-fighting
equipment.
(f)
No subdivision showing reserve strips controlling access to
streets shall be approved except where the control and disposal of
land comprising such strips have been deeded to the governing body.
(g)
Subdivisions that adjoin or include existing streets that do
not conform to widths as shown on the Master Plan or Official Map
or the street width requirements of this chapter shall dedicate additional
width along either one or both sides of said streets. If the subdivision
is along one side only, 1/2 of the required extra width shall be dedicated.
(h)
Grades of streets shall not exceed 4%. No street shall have
a minimum grade of less than 6/10 of 1%.
(i)
Street intersections shall be as nearly at right angles as is
possible and in no case shall be less than 60°. The block corners
at intersections shall be rounded at the curbline with a curb having
a radius of not less than 20 feet.
(j)
Street jogs with center-line offsets of less than 125 feet shall
be prohibited.
(k)
A tangent at least 100 feet long shall be introduced between
reverse curves on arterial and collector streets.
(l)
When connecting street lines deflect from each other at any
one point more than 10° and not more than 45°, they shall
be connected by a curve with a radius of not less than 100 feet for
minor streets and 300 feet for arterial and collector streets.
(m)
All changes in grade shall be connected by vertical curves of
sufficient radius to provide a smooth transition and proper sight
distance.
(n)
Dead-end streets (culs-de-sac) shall provide a turnaround at the end with a fifty-foot radius and tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties. All dead-end streets must have lots fronting on such street whose dimensions and area shall not be less than the requirements of Chapter 85, Zoning.
(o)
No street shall have a name which will duplicate or so nearly
duplicate as to be confused with the names of existing streets. The
continuation of an existing street shall have the same name.
(p)
All curbs shall be Belgian block, and all curbing on the site
shall, where necessary, be designed to remove barriers to the handicapped.
(4)
Blocks. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 85, Zoning, and to provide for convenient access, circulation, control and safety of street traffic.
(5)
(6)
Public use and service areas.
(a)
Easements along rear property lines or elsewhere for utility
installation may be required. Such easements shall be located in consultation
with the public utility companies or municipal departments concerned
and be of sufficient width to meet their needs.
(b)
Where a subdivision is traversed by a watercourse, drainageway
channel or stream, there shall be provided a stormwater easement or
drainage right-of-way conforming substantially to the lines of such
watercourse and such further width or construction, or both, as will
be adequate for the purpose.
(c)
Natural features such as trees, brooks and hilltops shall be
preserved whenever possible in designing any subdivision containing
such features.
(d)
The subdivider may be required to set aside by public dedication
any specified areas for parks, recreation, drainage rights-of-way
or other public use, and such areas may or may not be shown on a Master
Plan as provided by the Municipal Land Use Act.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(7)
Within any development proposal for the construction of 50 or more single-family units, the same shall include provisions for the collection, disposition and recycling of recyclable materials designated within Chapter 52, Recycling, and as required by state statute. Plans for location, storage area and removal of all recyclable materials must be prepared by the developer and submitted for approval by the Municipal Recycling Coordinator. Storage areas must also meet all local building and fire codes.
[Added 3-28-1989 by Ord. No. 639]
B.
Site plans. The preparation of all site plans shall adhere to the
following design principles and criteria:
(1)
Traffic circulation. The site plan shall provide a safe and efficient
circulation system for the movement of vehicles and pedestrians off
site and on tract. Circulation patterns vary greatly depending on
the type of use.
(2)
Access driveways and internal roads.
(a)
All entrance and exit driveways shall be located so as to afford
maximum safety and minimum disruption of traffic on the street.
(b)
The dimension of entrance and exit driveways and internal roads
shall be adequate to accommodate the volume and character of vehicles
anticipated to be using the site. The required dimensions for driveways
and interior roads shall be as follows:
(c)
Driveways serving a development having 50 or less parking spaces
shall use a one-and-one-half-inch-high depressed curb and asphalt
apron. Such driveway serving more than 50 parking spaces, however,
shall use curb returns of not less than a fifteen-foot radius.
(d)
Any vertical curve on a driveway shall be flat enough to prevent
the dragging of any vehicle undercarriage.
(e)
Driveway grades shall adhere to the following: 1% minimum to
12% maximum. A maximum slope of 2% for the first 20 feet from the
street line shall be maintained.
(f)
Curb cuts to a public street shall not be closer than 100 feet
to the street line of an intersecting street or 10 feet to an adjacent
owner's property line, as extended.
(g)
The number of permitted driveways provided from a site shall
be related to the type of street and traffic volume thereon and the
number and location of other access points therefrom.
(h)
Driveway pavement shall extend to the paved portion of the street
with which it connects and shall be constructed with a minimum of
four inches of stabilized base course and two inches of FABC surface
course, except for concrete pavement and sidewalk.
(i)
Driveways are to be curbed on both sides.
(j)
No driveway shall be closer to any property line than 10 feet.
(k)
Driveway pavement serving a truck loading area shall be constructed
of heavy-duty pavement of a minimum of six inches of stabilized base
course and two inches of FABC surface course, or properly designed
reinforced concrete.
(3)
Off-street parking and loading areas.
(a)
The number and size of all parking and loading spaces shall meet the requirements of Chapter 85, Zoning.
(b)
Any off-street loading space shall have a minimum width of 10
feet and a minimum length of 45 feet.
(c)
Ingress to and egress from a parking or loading area shall be
paved and shall include turning areas to assure ease of mobility,
ample clearance and safety of vehicles and pedestrians.
(d)
Parking areas serving light-duty vehicles shall be constructed
with a minimum of four inches of stabilized base course and two inches
of FABC surface course and sufficiently drained so as to prevent an
accumulation of water on the site.
(e)
A parking or loading area serving heavy-duty vehicles shall
be constructed with a minimum of six inches of stabilized base course
and two inches of FABC surface course and sufficiently drained so
as to prevent an accumulation of water on the site.
(f)
A parking area shall be illuminated if used after sunset, and
such illumination shall provide a minimum of 0.5 lumen per square
foot throughout the area and shall be shielded from adjoining streets
or properties.
(g)
Off-street parking and loading areas shall be designed to prevent
the maneuvering of vehicles into or out of parking or loading spaces
within any portion of any street.
(h)
Parking dimensions shall meet the following standards:
|
Parking Angle
(degrees)
|
Stall Width
|
Minimum Aisle Width
(feet)
| |
|---|---|---|---|
|
45
|
8 feet 6 inches to 10 feet 0 inch
|
13
| |
|
60
|
8 feet 6 inches to 9 feet 0 inch
|
18
| |
|
9 feet 6 inches to 10 feet 0 inch
| |||
|
75
|
8 feet 6 inches to 9 feet 0 inch
|
20
| |
|
9 feet 6 inches to 10 feet 0 inch
| |||
|
90
|
8 feet 6 inches to 9 feet 0 inch
|
24
| |
|
9 feet 6 inches to 10 feet 0 inch
|
(i)
Parking or loading space stripes shall be four inches wide using
white reflective paint. Hatch lines shall be on an angle of 45°
and shall consist of stripes four inches wide using yellow reflective
paint two feet on center.
(j)
All parking or loading areas are to be curbed.
(k)
No paved area shall be closer to any property line than six feet unless otherwise prohibited under Chapter 85, Zoning.
(l)
Maximum grade permitted in parking areas shall be 4%.
(4)
Drainage.
(a)
Provision shall be made for safe and adequate drainage of the
surface runoff waters in and from the premises so that flooding and
erosion of the property and the property of others will be prevented.
(b)
Calculations based on thirty-year storm criteria with a storm
duration of one hour or other standards of county, state or federal
agencies, whichever standard is of higher requirement, shall be used
in the design of drainage facilities and shall be submitted with the
site plan.
(c)
The drainage system shall be designed with the following minimum
requirements:
[1]
Minimum drainpipe size shall be 15 inches inside diameter.
[2]
All drainpipes shall be reinforced concrete pipe, Class III,
Wall B, and shall comply with current American Society for Testing
and Materials specifications.
[3]
Manholes and inlets shall be constructed of precast concrete
blocks.
[4]
Inlet frames and manhole covers shall be cast iron, conforming
to the specifications for grey iron castings. Grating for inlets shall
be of the stream-flow type.
[5]
Headwalls or flared ends with riprap shall be constructed at
the inlet and outlet of all drains.
[6]
All transitions in slope, horizontal direction, junctions and
change in pipe size shall be confined to manholes or catch basins.
[7]
Inlets shall be located and limited to a runoff area of not
more than 5,000 square feet.
[8]
Pipes shall have a minimum slope of not less than 1/2% and a
minimum cover of three feet.
[9]
All main buildings shall be designed with a positive gravity
foundation perimeter drain and slab-footing underdrains. Said drains
shall be of broken stone piped to a stream, storm sewer or drainage
course.
(5)
Sewage disposal and water supply. The site plan shall provide for
adequate sewage disposal and water supply to meet the requirements
of the Borough's Sewer and Water Ordinances[3] and be constructed in accordance with Borough standards.
The proposed site plan shall have no adverse effect on existing municipal
utilities.
(6)
Sidewalks.
(a)
Sidewalks may be required for access from the main entrance
or entrances of the building to the street, driveway or parking areas.
(b)
Pedestrian sidewalks shall have a minimum paved width of four
feet and shall be constructed of concrete four inches thick.
(c)
All sidewalks on the site shall be constructed in accordance
with the standards to remove barriers to the handicapped.
(7)
Landscaping.
(a)
The site plan shall include a landscape plan indicating the
landscaping to be installed and showing the size and species of the
trees and shrubs to be planted. It shall also indicate what protection
or devices will be used to preserve existing trees during construction
and the method of accomplishing grade changes at existing trees.
(b)
Portions of all front, rear and side yards which are not used
for required driveways, sidewalks, parking or loading, accessory buildings
or recreational areas shall be planted with trees, shrubs, plants
and lawns or ground cover in order to ensure the attractiveness of
the premises and the protection of the soil thereon. Existing trees
of four-inch caliper or over and any other significant natural features
shall, if located in the landscape area, be indicated on said plan.
(c)
Where nonresidential uses or areas abut a residential building, there shall be provided, on the nonresidential lot or area adjacent to the lot lines of the residential building, a planting strip not less than six feet wide, consisting of suitable shrubbery, hedges or fencing, or a combination thereof, to shield effectively, the year around, undesirable, visual exposure and so as to provide a protective screen from incompatible uses and surroundings. In the event of a conflict with Chapter 85, Zoning, as to the requirements for a buffer area, said regulation shall control.
(d)
Prior to any preliminary and/or final site plan approval, the
Board shall have received a report from the Borough Planner, or Borough
Arborist, or their designee(s), as to the adequacy of the landscape
plan.
[Amended 1-3-2023 by Ord. No. 2022-77; 4-25-2023 by Ord. No. 2023-85]
(e)
The Mayor and Council of the Borough of Ho-Ho-Kus find that
lack of (canopy cover in the community) street trees is causing increased
drainage problems, soil erosion and sedimentation, decreased fertility
of the soil, degradation of water resources, decreased groundwater
recharge, increased buildup of atmospheric carbon dioxide, the establishment
of a heat island effects and increased dust and pollution. All of
the above can negatively affect the value of the properties in Ho-Ho-Kus
and overall quality of life. Therefore, the Mayor and Council of the
Borough of Ho-Ho-Kus find that a street tree planting deposit is needed
to ensure the health, safety and welfare of its residents and to maintain
a high quality of life in the Borough of Ho-Ho-Kus.
[Added 5-26-2015 by Ord.
No. 1039; amended 12-22-2015 by Ord. No. 1045; 7-26-2022 by Ord. No. 2022-71; 1-3-2023 by Ord. No. 2022-77; 4-25-2023 by Ord. No. 2023-85]
[1]
Streets trees and plantings within the right-of-way of the Borough,
including Borough-owned parks and buildings, are regulated by ordinance.
The street planting deposit shall apply to any new house constructed
on a vacant parcel or on a lot where an existing residence is demolished
or the additional floor area is increased by 25% as determined by
the Construction Code Official and to all commercial properties. The
Construction Code Official, Borough Arborist, or their designee(s)
shall inspect the affected property and make a determination on the
requirement of a street tree planting deposit before a building permit
is issued.
[2]
If the property owner wishes to remove and/or destroy any tree
on their property prior to the submission of an application to the
Building Department, Planning Board or Zoning Board (i.e., as a step
to prepare the property for an anticipated future development project),
then the owner is required to apply for a permit and receive approval
before such tree removal work can begin. This requirement remains
applicable for up to two years prior to an application being submitted.
[3]
The Borough Arborist shall be notified by the Planning Board
or the Zoning Board of Adjustment upon receipt of any application
regarding Subsection B(10)(e)[1] above. The Borough Arborist, or their
designee, will review and recommend street tree planting requirements
within 15 business days. Plantings shall thereafter be done solely
by an independent contractor engaged by the Borough and shall not
be done by the owner or developer, absent written approval for the
same.
[4]
One tree shall be planted every 25 to 30 feet of street curb
with a minimum of two trees per property. A deposit of a minimum of
$500 and up to the current market value of tree purchase and planting
is required for each two-and-one-half-inch caliper tree. The tree(s)
will be planted by the Borough during the regularly scheduled street
tree planting for each site, and an inspection fee will apply.
[5]
The estimate for street tree planting form is hereby adopted and
shall be on file in the office of the Borough Clerk.
[6]
Deposit; accounts.
[a]
The street tree planting deposit shall be made
prior to the issuance of a certificate of occupancy.
[b]
There is hereby established a Ho-Ho-Kus Shade Tree
Beautification Account. Developer funds currently deposited and to
be deposited therein shall be earmarked for the purchase and planting
of shade trees and for beautification projects. Such funds are intended
to be separate from general operation funds provided to the Commission
by the Borough in its annual budget.
(8)
Garbage, refuse and outside storage.
(a)
Provisions shall be made for the indoor or enclosed storage
of garbage and refuse.
(b)
Outside storage, when permitted, shall only be permitted in
areas approved by the Board. Such areas shall, as nearly as may be
practicable, be shielded from public view and protected by adequate
fencing and/or screening.
(c)
Within any development proposal for the construction of 25 or more multifamily units and any commercial/industrial development proposal for the utilization of 1,000 square feet or more of land, the same shall include provisions for the collection, disposition and recycling of recyclable materials designated within Chapter 52, Recycling, and as required by state statute. A plan for the location, storage area and removal of all recyclable materials must be prepared by the developer and submitted for approval to the Municipal Recycling Coordinator. Storage areas must meet all local building and fire codes.
[Added 3-28-1989 by Ord. No. 639]
(9)
Retaining walls. Retaining walls shall be designed in accordance
with New Jersey State Building Codes and shall be constructed to meet
the requirements of the Borough Engineer. Exposed surfaces shall be
faced with brick or native stone.
(11)
Electric, telephone and cable television utilities. All new
electric, telephone or cable television lines shall be placed underground.
(12)
In the event that the Board shall permit the location of a detention
or retention basin in a new development adjacent to an existing residential
development, no site grading or land disturbance in conjunction with
the construction of the basin shall be permitted within 100 feet of
any perimeter property line of the new development which is adjacent
to said existing residential development.
(13)
Every effort is to be made, when designing new structures or
remodeling existing structures, to assure the preservation of the
aesthetic historical character of the Borough, its building style
and land use.
(14)
Monotonous similarity shall be avoided to any other structures
or building located or proposed to be located in the vicinity in respect
to one or more of the following features of exterior design and appearance:
(a)
Substantially identical facade, disregarding color.
(b)
Substantially identical size and arrangement of either doors,
windows, porticos, porches or garages or other openings or breaks
or extensions in the facade, including reverse arrangements.
(c)
Other substantially identical features, such as but not limited
to setbacks from street lines, heights, widths and lengths of elements
of building design and exterior materials and treatments.
(15)
Striking dissimilarity, visual discord or inappropriateness
that will not enhance the historical character of the Borough with
respect to other structures or buildings located or proposed to be
located in the vicinity in respect to one or more of the following
features of exterior design and appearance shall be avoidable:
(a)
Facade, disregarding color.
(b)
Size and arrangement of doors, windows, porticos, porches or
garages or other openings, breaks or extensions in the facade.
(c)
Other significant design features, such as but not limited to
heights, widths, length or elements of design, exterior materials
and treatments, roof structures, exposed mechanical equipment, service
and storage areas, retaining walls, landscaping, signs, light posts,
parking areas, fences and service areas.
(16)
Visual offensiveness or other poor qualities of exterior design
that detract from the character of the Borough shall be avoided, including
but not limited to excessive divergences of the height or levels of
any part of the structure or buildings from the grade of the terrain,
harmony or discord of color or incompatibility of the proposed structure,
building, refurbishing, reconstruction, alteration or addition with
the terrain on which it is to be located and the failure of the exterior
design to complement and enhance the natural beauty of its site in
regard to landscape, topography, surrounding structures and the scenic
character of roadways when visible from said roadways.
(17)
Variation of minimum requirements. The Board, when acting upon applications for preliminary or final site plan approval, shall have the power to grant such exceptions from the requirements for site plan approvals as set forth in § 32A-9 of this Code. If such exception is granted, it shall be done by a resolution of the Board which sets forth the reasons for the exception in the peculiar case and demonstrates that the exception will not have an adverse effect on surrounding properties, the neighborhood or the Borough in general.
A.
Required improvements.
(1)
Prior to the granting of final approval of a major subdivision or
major site plan, the subdivider or site plan applicant shall have
furnished performance guaranties for the ultimate installation of
the following and shall have completed to the satisfaction of the
Mayor and Council any required on-site, off-site, on-tract or off-tract
improvements as follows:
(a)
Streets. Streets shall be as approved by the Board and constructed
in accordance with Borough ordinances.
(b)
Street signs. Street signs shall be of an approved type subject
to the approval of the Chairman of the Road Committee for the Borough.
(c)
Sidewalks. If sidewalks are designated by the Planning Board,
construction should be in accordance with the Borough ordinances.
(d)
Streetlighting. Streetlighting shall have the approval of the
Borough and shall be designed in conjunction with the utility company
serving the particular area in question.
(e)
Shade trees. Shade trees should be located and of such types
as specified by the Shade Tree and Beautification Committee or Borough
Arborist of the Borough of Ho-Ho-Kus.
[Amended 1-3-2023 by Ord. No. 2022-77]
(f)
Soil protection. No soil shall be removed from the site or used
as spoil except in accordance with the Borough ordinance covering
the same. Topsoil moved during the course of construction shall be
redistributed so as to provide cover to all areas of the subdivision
and shall be stabilized by seeding or planting.
(g)
Monuments. Monuments should be of the size and shape required
by N.J.S.A. 46:23-9.11, known as "An Act Concerning the Approval and
Filing of Maps," and shall be placed in accordance with said statute.
(h)
Water mains, fire hydrants, gas mains, culverts, storm sewers
and sanitary sewers, or other means of sewage disposal, drainage structures,
erosion control, sedimentation control devices, public improvements
of open space and retaining walls shall be as approved by the Board.
(i)
Any other improvements required by the Board upon approval of
the preliminary plat.
(j)
All of the above-listed improvements shall be subject to inspection
and approval by the Borough Engineer, who shall be notified by the
subdivider at least 48 hours prior to the start of construction. No
underground installation shall be covered until inspected and approved
by the Borough Engineer.
(2)
Before granting final subdivision or site plan approval, the Board
shall require that the applicant shall have installed all on-tract
improvements or shall have furnished performance guaranties for the
installation of all on-tract improvements in accordance with Borough
specifications.
B.
Off-tract improvements. Any subdivision or site plan which the Board
determines requires off-tract improvements as defined herein shall
comply with the provisions of this subsection:
(1)
An off-tract improvement shall be one or more required improvements
which are necessary for the successful completion of a development
in the interest of furthering the public health, safety and general
welfare and where said improvements are located off tract.
(2)
An off-tract improvement shall be required where either the existing
facilities serving the area or subarea are already operating at a
deficient level of service or the inclusion of a new development will
make such present level of service deficient according to engineering
standards utilized in determining such levels of service.
(3)
The proportionate contribution of any such off-tract improvement
to the applicant shall be reasonably related to the relative benefit
or use of the total area so served.
(4)
Under the conditions of this subsection, off-tract improvements shall
be limited to new or improved water distribution, sanitary sewage
disposal and distribution and stormwater and drainage distribution
facilities and easements therefor located outside the property limits
of the subdivision or development that are necessitated or required
by construction or improvements within such subdivision or development,
and all necessary appurtenances thereto and utility easements, and
to new or improved street and right-of-way widths, traffic regulation
and control devices, intersection improvements, utility relocation
where not provided elsewhere and other traffic circulation and safety
factors which are directly related to the property or properties in
question. Off-tract improvements shall not include the improvement
costs for an entire utility system or street system or major segment
thereof, including sewage treatment plants, water supply or treatment
facilities or substantial street construction or improvements or other
similar undertaking, unless said improvement is significantly affected
by the property or properties in question.
(5)
Each subdivision or site plan requiring authorization by the Board
shall be subject to a determination and finding as follows:
(a)
That certain off-tract improvements are or are not necessary
to implement such subdivision.
(b)
That, in instances where off-tract improvements are required,
the terms and conditions which shall be imposed upon the applicant
shall ensure the successful and reasonable implementation of same.
(c)
Regulations governing off-tract improvements shall be based
upon circulation and comprehensive utility plans pursuant to the Master
Plan or adopted utility or circulation plans of the Borough or other
governmental or utility authority.
(d)
In the event that the Board determines that one or more improvements
constitute an off-tract improvement, the Board, by resolution, shall
notify the governing body of same specifying the Board's recommendation
relative to the estimated cost of same, the applicant's pro rata share
of the cost and possible methods or means to implement same, including
but not limited to performance and maintenance guaranties, cash contributions,
developer agreements and other forms of surety.
(e)
Action by a Board relating to off-tract improvements shall be
deferred until the governing body has had an opportunity to review
the recommendations of the Board and has made a determination as to
the responsibility it shall accept. It is clearly understood that
the Borough is under no responsibility to construct, install or provide
off-tract improvements to accommodate a subdivision or site plan approval.
(f)
Where an applicant pays the amount determined as the pro rata
share under protest, he shall institute legal action within one year
of such payment in order to preserve the right to a judicial determination
as to the fairness and reasonableness of such amount. No building
permit shall be issued until the expiration of said one-year period
or until such time as the applicant shall waive such provisions of
this chapter.
(g)
The Board shall not take any final action on a preliminary subdivision
or site plan until all aspects of such conditions have been mutually
agreed to by both the applicant and the governing body and a written
resolution to that effect by the governing body has been transmitted
to the Board.
C.
Procedure for determination and allocation of costs. In the event
that the Board shall determine that off-tract improvements are required
in connection with any subdivision or site plan, then prior to granting
final approval:
(1)
The Board shall report to the Mayor and Council:
(2)
The Mayor and Council shall determine and report to the Board whether
the off-tract improvement will be constructed:
(3)
The Board shall require, as a condition for the approval of the final
plan:
(a)
If the improvement is to be constructed by the Borough as a
general improvement, the developer shall deposit with the Borough
Treasurer an amount equal to the difference, if any, between the estimated
cost of the improvement and the estimated total amount by which all
properties, including the subdivision to be serviced by the improvement
or site plan, will be specially benefited by the improvement;
(b)
If the improvement is to be constructed by the Borough as a local improvement, the developer shall deposit with the Borough Treasurer, in addition to the amount specified in Subsection C(3)(a), the estimated amount by which the subdivision or site plan will be specially benefited by the improvement; or
D.
Standards for allocating cost.
(1)
In determining the allocation of costs for off-tract improvements
as between the developer, other property owners and the Borough, the
Board shall be guided by the following factors:
(a)
The total estimated cost of the off-tract improvements.
(b)
The increase in market values of the lands affected and any
other benefits conferred.
(c)
The needs created by the application.
(d)
Population and land use projections for the land within the
general area of the subdivision or site plan and other areas to be
served by the off-tract improvements.
(e)
The estimated time for construction of the off-tract improvements.
(f)
The condition and periods of usefulness of the improvements
which may be based upon the criteria of N.J.S.A. 40A:2-22.
(2)
Without limiting the generality of the foregoing, the Board may take
into account the following specific factors:
(a)
With respect to street, curb, gutter, sidewalk, shade trees,
streetlights, street signs and traffic light improvements, the Board
may consider:
(b)
With respect to drainage facilities, the Board may consider:
[1]
The relationship between the area of the subdivision or site
plan and the area of the total drainage basin of which the subdivision
or site plan is a part.
[2]
The proposed use of land within the subdivision or site plan
and the amount of land area to be covered by impervious surfaces on
the land within the subdivision or site plan.
[3]
The use, condition or status of the remaining land area in the
drainage basin.
(c)
With respect to water, gas and electric supply and distribution
facilities, the Board may consider the use requirements of the use
proposed for the subdivision or site plan and the use requirements
of all other properties to be benefited by the improvements.
(d)
With respect to sewerage facilities, the Board may consider:
[1]
The anticipated volume of effluent from the use proposed for
the subdivision or site plan and the anticipated volume of effluent
from all other properties to be benefited by the improvement.
[2]
The types of effluent anticipated and particular problems requiring
special equipment or added costs.
E.
Deposits. Any money received by the Borough Treasurer for off-tract
improvements to be constructed or installed by the Borough pursuant
to the provisions of this chapter shall be deposited in a suitable
depository therefor and shall be used only for the improvements for
which they are deposited or improvements satisfying the same purpose.
If construction of improvements for which the Borough is responsible
has not commenced within five years from the date of deposit, the
amount deposited with any income thereon shall be returned to the
developer or his successor in interest.
F.
Actual costs. Upon completion of any improvement constructed by the
Borough as a general or local improvement, the total cost of such
improvement shall be determined by the Borough Treasurer. The difference
between the actual cost as so determined and the estimated cost shall
be computed. The developer or his successor in interest shall make
remittance to the Borough if the actual cost exceeds the estimated
cost or shall receive a refund from the funds deposited with the Borough
if the estimated cost exceeds the actual cost, in an amount which
bears the same relationship to the difference between the actual and
estimated costs as the amount deposited by the developer for his proportionate
share of the estimated cost bears to the total estimated cost. Any
sum payable by the developer or his successor in interest may be levied
and collected by the Borough in the same manner as is provided by
law for the levy and collection of real estate taxes.
G.
Successors in interest. In the absence of an express provision in a deed or deeds of conveyance, it shall be presumed that the fee owners of all lots in the subdivision or site plan at the date any deposit or portion thereof is returned or additional charge is made pursuant to Subsections C and D are the lawful successors in interest to the developer, and that each such fee owner shall be charged with or entitled to receive a pro rata share, based on lot area, of any funds to be returned or additional charge to be made pursuant to this subsection. Upon payment of any such sums to said fee owners, the Borough shall be released of liability to any other person.
A.
No final site plan or subdivision plat shall be approved by the Board
until the completion of all such required improvements have been certified
to said Board by the Borough Engineer, unless the applicant shall
have filed with the Borough a performance guaranty sufficient in amount
to cover the cost of all such on-site and off-site improvements or
uncompleted portions thereof as estimated by the Borough Engineer
and assuring the installation of such uncompleted improvements on
or before an agreed date.
B.
To insure the installation and maintenance of improvements, the Board
may require:
(1)
The furnishing of a performance guaranty in favor of the Borough
in an amount not to exceed 120% of the cost of installation for improvements
it may deem necessary or appropriate, including streets, street signs,
grading, pavement, gutters, curbs, sidewalks, lighting, shade trees
and landscaping materials, surveyors' monuments as shown on the final
map and required by the Map Filing Law, P.L. 1960, c. 141,[1] water mains, fire hydrants, culverts, storm sewers, sanitary
sewers or other means of sewage disposal, drainage structures, erosion
control and sedimentation control devices, public improvements of
open space, retaining walls and other off-site improvements as may
be required herein, and, in the case of site plans only, other on-site
improvements and guaranties, provided that no more than 10% of the
total performance guaranty shall be required to be in cash, and the
balance shall be in the form of a bond from a bonding company approved
by the Mayor and Council and Borough Attorney.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
The furnishing of a maintenance guaranty to be posted with the Mayor
and Council for a period not to exceed two years after final acceptance
of the improvements, in an amount not to exceed 15% of the cost of
the improvement. In the event that other governmental agencies or
public utilities automatically will own the utilities to be installed
or the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required for such utilities or improvements.
C.
The Borough Engineer shall review the improvements required by the
Board which are to be bonded and itemize their cost. Said itemization
shall be the basis for determining the amount of performance guaranty
and maintenance guaranty required by the Board. The Borough Engineer
shall forward his estimate of the cost of improvements to the applicant
within 30 days of the date of receipt of a request sent by certified
mail for said estimate.
D.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be extended by the Mayor
and Council by resolution. As a condition or as part of any such extension,
the amount of any performance guaranty shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation as determined as of the time of the passage of the
resolution.
E.
If the required improvements are not completed or corrected in accordance
with the performance guaranty, the developer and surety, if any, shall
be liable thereon to the Borough for the reasonable cost of the improvements
not completed or corrected, and the Borough may, either prior to or
after the receipt of the proceeds thereof, complete such improvements.
F.
Upon substantial completion of all required appurtenant utility improvements
and the connection of same to the public system, the developer may
notify the Borough in writing, by certified mail addressed in care
of the Borough Clerk, of the completion or substantial completion
of improvements and shall send a copy thereof to the Borough Engineer.
Thereupon, the Borough Engineer shall inspect all improvements of
which such notice has been given and shall file a detailed report,
in writing, with the Mayor and Council, indicating either approval,
partial approval or rejection of such improvements, with a statement
of reasons for any rejection. The cost of the improvements as approved
or rejected shall be set forth.
G.
The Mayor and Council shall either approve, partially approve or
reject the improvements, on the basis of the report of the Borough
Engineer, and shall notify the developer, in writing, by certified
mail, of the contents of said report and the action of said Board
with relation thereto not later than 65 days after receipt of the
notice from the developer of the completion of the improvements. Where
partial approval is granted, the developer shall be released from
all liability pursuant to its performance guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved, provided that 30% of the amount of the performance
guaranty posted may be retained to ensure completion of all improvements.
Failure of the Mayor and Council to send or provide such notification
to the developer within 65 days shall be deemed to constitute approval
of the improvements, and the developer and surety, if any, shall be
released from all liability pursuant to such performance guaranty
for such improvements.
H.
If any portion of the required improvements is rejected, the Board
may require the developer to complete such improvements, and, upon
completion, the same procedure of notification, as set forth in this
section, shall be followed.
I.
Nothing herein, however, shall be construed to limit the right of
the developer to contest by legal proceedings any determination of
the Mayor and Council or the Borough Engineer.
J.
The developer shall reimburse the Borough for all reasonable inspection
fees paid to the Borough Engineer for the foregoing inspection of
improvements, provided that the Borough may require of the developer
a deposit for all or a portion of the reasonably anticipated fees
to be paid to the Borough Engineer for such inspection.
A.
In connection with a major subdivision or major site plan, after
preliminary approval by the Planning Board and before any work is
undertaken by the applicant, the applicant shall deposit with the
Borough Clerk of the Borough of Ho-Ho-Kus an amount equal to 5% of
the estimated cost of installing the improvements required by the
Planning Board in connection with such major subdivision or site plan
as determined by the Borough Engineer, to cover the cost of periodic
inspection as the improvements are made, including engineering fees
and legal fees in connection therewith. If at any time the amount
on deposit shall fall below the sum of $100, the applicant shall deposit
an additional amount as determined by the Borough Engineer representing
5% of the estimated cost to complete the improvements in accordance
with the final plat of such major subdivision or site plan.
B.
There shall be deposited $250 for each stone monument to ensure placing
of such monument after grading has been completed.
C.
All deposited funds shall be disbursed from the trust account of
the Borough of Ho-Ho-Kus by the Borough Treasurer upon submission
of properly certified Borough vouchers detailing the services rendered.
D.
All such deposited funds in excess of the payments made therefrom
shall be refunded after the time of approval of the improvements by
the Borough Engineer and Mayor and Council.
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Borough. Any action taken by either
Board under the terms of this chapter shall give primary consideration
to the above-mentioned matters and to the welfare of the entire community.
Nothing herein contained shall be construed to prohibit or prevent
the use of higher or more restrictive standards or requirements than
may appear in any lawfully applicable statutes, ordinances, regulations,
rules, deeds, restrictions or covenants. However, if the subdivider
can clearly demonstrate that, because of peculiar conditions pertaining
to this land, the literal enforcement of one or more of these regulations
is impracticable or will exact undue hardship, either Board may permit
such variance or variances as may be reasonable and within the general
purpose and intent of the rules, regulations and standards established
by this chapter and the Municipal Land Use Act.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Violations and penalties.
(1)
If, before final subdivision or site plan approval has been granted,
any person, as owner or agent, transfers or sells or agrees to transfer
or sell, except pursuant to an agreement expressly conditioned on
the final subdivision or site plan approval, any land which forms
a part of a subdivision or site plan for which Borough approval is
required by this chapter, 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.
(2)
Any person, firm or corporation violating any of the terms of this
chapter shall, upon conviction, be punished by a fine not to exceed
$1,000 for each offense. Each day that a violation occurs or is committed
shall constitute a separate offense.
B.
Civil remedy for unlawful building. In case any building or structure
is erected, constructed, altered, repaired, converted or maintained
or any building, structure or land is used in violation of this chapter,
the Mayor and Council, the Construction Official and Building Subcode
Official or an interested party, in addition to other remedies, may
institute any appropriate action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use; to restrain, correct or abate such violation;
to prevent the occupancy of said building, structure or land; or to
prevent any illegal act, conduct, business or use in or about such
premises.
C.
Civil remedy for unlawful sale of land.
(1)
In addition to the other remedies set forth in this chapter, the Mayor and Council, the Construction Official and the Building Subcode Official may, in the event of a sale, transfer or agreement which violates Subsection A of this section, institute and maintain an action:
(2)
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 deposit made or purchase
price paid, and also to a reasonable search fee, survey expense and
title closing expense, if any. Any such action must be brought within
two years after the date of the recording of the instrument of transfer,
sale or conveyance of said land, or within six years if unrecorded.
Whenever the definitions, terms or provisions of the Municipal
Land Use Act[1] are inconsistent with the definitions, terms or provisions
of this chapter, the provisions of the Municipal Land Use Act shall
govern, including, without limitation, the time periods therein provided
and any governing statutory procedural requirements.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
