A.
Purpose. Such regulations are deemed necessary to achieve the following
purposes:
(1)
Promote orderly development: to protect the character and to maintain
the stability of all areas within the community and to promote the
orderly and beneficial development of such areas.
(2)
Promulgate rules and regulations: to provide rules, regulations and
procedures where applicable and, to the extent the same have not been
otherwise promulgated by ordinance in the Borough of Westwood, which
will guide the appropriate development of lands within the Borough
in a manner which will promote the public health, safety, morals and
general welfare.
(3)
Protect against hazards and danger: to secure safety from fire, flood,
panic and other natural and man-made disasters.
(4)
Design standards: to encourage the design and location of streets
which will promote the free flow of traffic while discouraging the
location of such facilities and routes which will result in congestion.
(5)
Creative development techniques: to promote a desirable physical
environment through creative development techniques, design and arrangement.
(6)
Open spaces: to promote the conservation of open space and to protect
the natural resources and to prevent overcrowding through improper
land use.
B.
Conditional approval. The applicant shall comply with reasonable
conditions laid down by the approving authority for design, dedication,
improvements and the use of the land to conform to the physical and
economical developments of the municipality and to the safety and
general welfare of the future residents/owners in the development
and the community at large. Where County Planning Board review or
approval is required on a subdivision or site plan, the approving
authority shall condition any approval it grants upon either timely
receipt of a favorable report from the County Planning Board or approval
by the County Planning Board due to its failure to submit a report
within the required time period.
C.
Exceptions to design and performance standards. The approving authority,
when acting upon applications, shall have the power to grant such
exceptions from the subdivision and site plan requirements of this
chapter as may be reasonable and within the general purpose and intent
of the provisions for subdivisions, plat, site plan review and approval
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to land in question.
D.
Exemptions from subdivision and site plan regulations. The approving
authority may waive required notices and hearings for exempt subdivisions
and exempt site plans except where a variance or conditional use is
part of the application. Divisions of land not considered a subdivision
as defined in this chapter shall be exempt from compliance with the
requirements of this chapter only after affirmative action by the
approving authority. Such action shall be taken following submission
of documentation to the approving authority showing the division of
land for agricultural purposes where all resulting parcels are 10
acres or larger in size, divisions by testamentary or intestate provisions,
divisions of property by court order and conveyance so as to combine
existing lots by deed or other instrument, as the case may be. Until
exempted from the subdivision regulations by the approving authority,
no person can transfer, sell or agree to transfer or sell, as owner
or agent, any land which forms a part of a subdivision for which approval
is required. Until exempted from the site plan regulations by the
approving authority, no alterations or improvements shall be made
nor permits issued.
E.
Simultaneous review or separate applications.
(1)
The approving authority shall have the power to act upon subdivisions,
conditional uses or site plans simultaneously, without the developer
making further application or the approving authority being required
to hold further hearings. The longest time period for action by the
approving authority, whether it is for subdivision, conditional use
or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer in conjunction with a site plan
or subdivision, notice of the hearing on the plat shall include reference
to the request for such conditional use.
(2)
The Board of Adjustment, when reviewing an application for a "d"
variance, shall have the power to grant site plan and subdivision
approval to the same extent and subject to the same restrictions as
the Planning Board.
F.
Use variance applications. All use variance applications shall be accompanied by plans, plus other supporting documents as required for subdivision and site plan approval. (See also § 195-23B.)
G.
Submission of concept plan for informal review.
(1)
An informal review of a concept plan is optional. At the request
of the developer, the Planning Board shall grant an informal review
of a concept plan for a development for which the developer intends
to prepare and submit an application for development. The purpose
will be to review concepts to assist the applicant in the preparation
of subsequent plans. Other than classification, no decisions will
be made, no hearings held and no formal action taken. Neither the
developer nor the approving authority shall be bound by this informal
review.
(2)
Filing procedure and information for concept review.
(a)
The developer shall file with the Secretary, at least 15 days
prior to the meeting of the approving authority, 16 copies of the
concept plan and five copies of the completed application form.
(b)
The concept plan is considered a sketch or general plan, neither
fully engineered nor surveyed. Information used to prepare the concept
plan can be available from secondary source information, such as the
Soil Conservation Survey Map or U.S. Geodetic Survey Maps, but should
be sufficiently detailed to allow the Planning Board to make suggestions
on general site design and layout for circulation, stormwater management,
location of open space and buffers and building arrangements and to
determine how this chapter affects the proposal. It should contain
the following information:
[1]
A clearly and legibly drawn plan with a graphic scale of not
less than one inch equals 100 feet.
[2]
The existing and proposed street and lot layout, with dimensions,
showing that portion proposed for development in relation to the entire
tract.
[3]
Existing lot lines to be eliminated.
[4]
The area of the tract to the nearest square foot.
[5]
The area of each proposed lot to the nearest square foot.
[6]
Contours based on United States Geologic Survey data.
[7]
Existing and proposed structures and uses.
[8]
Existing and proposed setbacks.
[9]
Natural features, including streams, lakes and drainage rights-of-way;
the location of all drainage structures; and the location of flood
hazard areas and floodway lines, steep slopes and wetlands.
[10]
Zoning districts.
[11]
Name, address, signature and phone number of the
owner, developer and person preparing the plan.
[12]
Key map with North arrow showing the entire development
and its relation to surrounding areas.
Preliminary plats are required for all major site plans and
major subdivisions.
A.
Filing procedure.
(1)
The developer shall complete all portions of the application form
and, along with one copy of a plan, file with the administrative officer
no later than 45 days prior to the date set for the hearing. This
initial application will be reviewed for completeness and returned
with notations and/or suggestions for the applicant to prepare the
final application. Within 15 days of the scheduled meeting, the following
material must be submitted to the administrative officer: 16 copies
of the application, all plot plans, maps and other papers required
by virtue of any provision of this chapter, as well as the applicable
fee and certification by the Tax Collector that all taxes are paid
to date.[1]
(2)
A corporation, limited-liability company or partnership applying
for permission to subdivide a parcel of land, or for a variance to
construct multiple dwellings, or for approval of a site to be used
for commercial purposes, shall list the names and addresses of all
stockholders or individual partners owning at least 10% of its stock
of any class or at least 10% of the interest in the partnership, as
the case may be. If a corporation or partnership owns 10% or more
of the stock of a corporation, or a 10% or greater interest in a partnership,
subject to the above disclosure, that corporation or partnership shall
list the names and addresses of its stockholders holding 10% or more
of its stock or a 10% or greater interest in the partnership, as the
case may be, and this requirement shall be followed by every corporate
stockholder, or partner in a partnership, until the names and addresses
of the noncorporate stockholders and individual partners exceeding
the ten-percent ownership criterion established in this subsection
have been listed. No Planning Board, Board of Adjustment or municipal
Governing Body shall approve the application of any corporation or
partnership which does not comply with this requirement of N.J.S.A.
40:55D-48.1. The penalty for concealment by a corporation or a partnership
shall be as outlined in N.J.S.A. 40:55D-48.1.
B.
Action by approving authority.
(1)
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified, in writing, within 45 days of submission in accordance with § 195-11.
(2)
Public hearing. If accepted as an application, a public hearing date
shall be set by the approving authority and notice given.
(3)
Upon submission of a plat, the administrative officer shall submit
one copy of the plat and supporting data to the Municipal Engineer,
Environmental Commission, Board of Health and any other agency or
person as directed by the approving authority for review and action.
Each shall have not more than 30 days from receipt of the plat to
report to the approving authority. In the event of disapproval, such
report shall state the reasons therefor. If any agency or person fails
to submit a report within 30 days, the plat shall be deemed to have
been approved by it. Upon mutual agreement between the County Planning
Board and the approving authority, with approval of the developer,
the thirty-day period for a County Planning Board report may be extended
for an additional 30 days, and any extension shall so extend the time
within which the approving authority is required to act.
(4)
The approving authority shall grant or deny preliminary subdivision
approval within the following time periods, unless some further time
has been consented to by the developer. Otherwise, the approving authority
shall be deemed to have granted preliminary approval of the subdivision:
(5)
The approving authority shall grant or deny preliminary site plan
approval within the following time periods, unless some further time
has been consented to by the developer. Otherwise, the approving authority
shall be deemed to have granted preliminary approval of the site plan:
(6)
If the approving authority required any substantial amendment in
the layout of improvements in either a site plan or subdivision, and
that plan had been the subject of a hearing, an amended application
shall be submitted and proceeded upon as in the case of the original
application for development. The approving authority shall, if the
proposed development complies with this chapter, grant preliminary
approval.
(7)
The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report (§§ 195-84 and 195-93). The decision shall be in writing and shall be sent to the applicant and the newspaper as required by §§ 195-36 and 195-37. If the approving authority grants preliminary approval, its Chairman and Secretary, or the Vice Chairman or Assistant Secretary in their absence, respectively, and the Municipal Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse.
(8)
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval. Otherwise, the approval shall be void. (See § 195-11.)
(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; off-tract improvements; and any requirements
peculiar to site plan approval, except that nothing herein shall be
construed to prevent the Borough from modifying, by ordinance, such
general terms and conditions of preliminary approval as relate to
public health and safety.
(b)
That the applicant may submit for final approval, on or before
the expiration date of preliminary approval, the whole or a section
or sections of the preliminary plat.
(c)
That the applicant may apply for, and the approving authority
may grant, extensions on such preliminary approval for additional
periods of at least one year, but not to exceed a total extension
of two years.
(9)
In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(8) above for such period of time longer than three years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
A.
Filing procedure.
(1)
Prior to the expiration of preliminary plat approval, the developer
shall file with the administrative officer, at least 15 days prior
to the meeting of the approving authority, two translucent tracing
cloth or Mylar copies; nine black-on-white paper prints of the plat;
two completed copies of the application form and final plat checklist;
the performance guaranty approved by the Governing Body, including
off-tract improvements, if any; any maintenance guaranties; the applicable
fee; certification by the Tax Collector that all taxes are paid to
date; certification by the Soil Conservation District pursuant to
the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws
of 1975[1]; and, if a common open space lot or lots are included
in the application, a separate map showing the individual lot or lots
that are to be designated as common open space, which map shall have
shown thereon the data listed on the Application Checklist in Appendix
A.[2]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(2)
Where utility services are to be extended to the development, the
final plat shall be accompanied by letters directed to the Chairman
of the approving authority and signed by a responsible officer of
the water company, sewer authority and utility which provides gas,
telephone and electricity that has jurisdiction in the area. Such
letters shall approve each proposed utility installation design and
state who will construct the facility.
(3)
The final plat shall be accompanied by a statement by the Municipal
Engineer that he is in receipt of a map showing all utilities and
other improvements (both in the development and off-tract improvements)
in exact location and elevation; that he has examined the street,
drainage erosion, stormwater control and excavation plans and found
that the interests of the Borough and of nearby properties are fully
protected and identifying those portions of any improvements already
installed; and that the developer has either:
B.
Action by approving authority.
(1)
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified within 45 days of submission. (See § 195-11.) If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat, and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a minor or exempt subdivision or minor or exempt site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.
(2)
Final approval shall be granted or denied within 45 days after submission
of a complete application to the administrative officer or within
such further time as may be consented to by the applicant. An approved
final plat shall be signed by the Chairman and Secretary of the approving
authority, or the Vice Chairman or Assistant Secretary in their absence,
respectively. Failure of the approving authority to act within the
period prescribed shall constitute final approval, and a certificate
of the administrative officer as to the failure of the approving authority
to act shall be issued on request of the applicant. Such certificate
shall be sufficient in lieu of the written endorsement or other evidence
of approval herein required and shall be so accepted by the County
Recording Officer for purposes of filing subdivision plats.
(3)
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3 or N.J.S.A. 40:27-6.6, the
approving authority shall condition any approval that it grants upon
timely receipt of a favorable report from the County Planning Board
or upon its failure to submit a report within the required time period.
(4)
Final approval of a minor subdivision shall expire 190 days from
the date of municipal approval unless a plat in conformity with such
approval, including any conditions imposed by the approving authority,
and in conformity with the provisions of the Map Filing Law (N.J.S.A.
46:23-9.9 et seq.), or a deed clearly describing the approved minor
subdivision, is filed by the developer with the County Recording Officer,
the Municipal Engineer and the Borough Tax Assessor. Such plat or
deed accepted for such filing shall have been signed by the Chairman
and Secretary of the approving authority, or the Vice Chairman or
Assistant Secretary in their absence, respectively. In reviewing the
application for development for a proposed minor subdivision, the
approving authority may accept a plat not in conformity with the Map
Filing Law, provided that if the developer chooses to file the minor
subdivision by plat rather than deed, such plat shall conform to the
provisions of said law.
(5)
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such a period the plat shall
have been duly filed by the developer with the County Recording Officer.
The approving authority may, for good cause shown, extend the period
for recording for an additional period not to exceed 190 days from
the date of the signing of the plat. No subdivision plat shall be
accepted for filing by the County Recording Officer until it has been
approved by the approving authority, as indicated on the instrument
by the signature of the Chairman and Secretary of the approving authority,
or the Vice Chairman or Assistant Secretary in their absence, respectively,
or a certificate has been issued as to the failure of the approving
authority to act within the required time. The signatures of the Chairman
and Secretary shall not be affixed until the developer has posted
the required guaranties. If the County Recording Officer records any
plat without such approval, such recording shall be deemed null and
void, and, upon request of the municipality, the plat shall be expunged
from the official records. It shall be the duty of the County Recording
Officer to notify the Planning Board, in writing, within seven days
of the filing of any plat, identifying such instrument by its title,
date of filing and official number.
(6)
Provided that the approved final subdivision plat has been filed
with the County Recording Officer, the zoning requirements applicable
to the preliminary approval first granted to a site plan or a major
subdivision and all other rights conferred upon the developer pursuant
to the Municipal Land Use Law,[3] whether conditionally or otherwise, shall not be changed
for a period of two years after the date of final approval. If the
developer has followed the standards prescribed for final approval,
the approving authority may extend such period of protection for extensions
of one year, but not to exceed three extensions. Upon granting of
final approval, the rights conferred upon the applicant by the granting
of preliminary approval shall be terminated upon final approval.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(7)
Provided that the approved final plat of a minor subdivision has
been filed with the County Recording Officer, the zoning requirements
and general terms and conditions, whether conditional or otherwise,
upon which minor subdivision approval was granted shall not be changed
for a period of two years after the date of minor subdivision approval.
(8)
The developer shall supply sufficient copies of the approved final
plat so the administrative officer can distribute one copy to each
of the following: Borough Clerk, Construction Official, Tax Assessor,
County Planning Board, Borough Planning Board and any other agency
or person directed by the approving authority; and shall supply one
translucent cloth or Mylar copy to the Municipal Engineer.
(9)
All final and approved plats shall be signed by the Board Chairman,
the Board Secretary, and the Borough Engineer.
[Added 9-4-2001 by Ord. No. 01-19]
(10)
No construction permit shall be issued until the resolution
has been published in the official newspaper of the Borough.
[Added 9-4-2001 by Ord. No. 01-19]
All applications shall be submitted in plat form, and all plats
shall conform to the submission requirements. All plats shall be drawn
by a licensed land surveyor, and all drawings of improvements shall
be prepared by a professional engineer, and all such drawings shall
bear the signature, embossed seal, license number and address of the
preparer. Subdivision requirements are set forth in the checklist
in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
All applications shall be submitted in plat form, and all plats
shall conform to submission requirements. All plats shall be drawn
by a licensed New Jersey engineer or architect and shall bear the
signature, embossed seal, license number and address of the engineer,
except that plats submitted under the informal discussion provisions
and sketch plats of minor site plans are exempt from this requirement.
Site plan requirements are set forth in the checklist in Appendix
A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
