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 Edgewater, 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)
To 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.
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.
C.
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 United States 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 the Land Use Code affects the proposal.
Preliminary plats are required for all site plans and subdivisions.
A.
Filing procedure.
(1)
The following must be submitted to the office of the Zoning 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. The applicant must include envelopes addressed to
the Board professionals, experts and Board members in order to expedite
the mailings.
(2)
A corporation or partnership applying for permission to subdivide
a parcel of land or for a site plan or variances 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 ten-percent or
greater interest in a partnership, subject to the above disclosure,
that corporation or partnership shall list the names and addresses
of its stockholders holding 10% or more of its stock or 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 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.
(3)
Simultaneously with filing the application, copies of the plans shall
be forwarded by the office of the Zoning Officer to the following
persons:
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 § 240-14.
(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 an application, the administrative officer shall submit one copy of the plat and supporting data to the above named experts listed in Subsection A(3) for review and action. Each shall have not more than 30 days from receipt of the plan to report to the approving authority. In the event of a recommendation of disapproval, such report shall state the reasons therefor.
(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. The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 240-39. 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, unless the applicant requests an extension.
(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:
(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)(a), (b) and (c) above for such period of time longer than three years as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.
A.
Filing procedure.
(1)
Prior to the expiration of preliminary plat approval, the developer
shall file with the Zoning 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 (N.J.S.A. 4-24-39 et seq.) and, if 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.[1]
[1]
Editor's Note: Appendix A is on file in the Borough offices.
(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 of final subdivision plat.
(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 § 240-14.) 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 Zoning Officer as to the failure of the approving authority
to act shall be issued on request of the applicant. Such certificate
shall be sufficient in lieu of the written endorsement or other evidence
of approval herein required and shall be so accepted by the County
Recording Officer for purposes of filing subdivision plats.
(3)
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the approving
authority shall condition any approval that it grants upon timely
receipt of a favorable report from the County Planning Board or upon
its failure to submit a report within the required time period.
(4)
Final approval of a minor subdivision shall expire 190 days from
the date of municipal approval unless a plat in conformity with such
approval, including any conditions imposed by the 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 (N.J.S.A. 40:55D-1 et seq.), whether
conditionally or otherwise, shall not be changed for a period of two
years after the date of final approval. If the developer has followed
the standards prescribed for final approval, the approving authority
may extend such period of protection for extensions of one year, but
not to exceed three extensions. Upon granting of final approval, the
rights conferred upon the applicant by the granting of preliminary
approval shall be terminated upon final approval.
(7)
Provided 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)
In the case of a subdivision or site plan for a planned development of 50 acres or more or a conventional subdivision or site plan of 150 acres or more, the approving authority may grant the rights referred to in Subsection B(6) and (7) above for such period of time longer than two years, as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for and the approving authority may thereafter grant an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(9)
The developer shall supply sufficient copies of the approved final
plat so 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.
A.
Filing procedure.
(1)
The site plan and an application for final approval shall be submitted
to the Zoning Officer with the required fee. If there have been no
changes in the approved preliminary site plan, the same plan may be
used in connection with the application for final approval and no
further final plan shall be required for approval. Ten white prints
(blue or black-on-white) of the site plan shall accompany the application.
Ten completed copies of the application form and final plat checklist
must be submitted along with the prints. 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(N.J.S.A. 4:24-39
et seq.).
(2)
Where utility services are to be extended to the development, the
final site plan 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 site plan 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 on final site plan.
(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 § 240-14.) 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)
The zoning requirements applicable to the preliminary approval first
granted to a site plan and all other rights conferred upon the developer
pursuant to the Municipal Land Use Law, whether conditionally or otherwise,
shall not be changed for a period of two years after the date of final
approval. If the developer has followed the standards prescribed for
final approval, the approving authority may extend such period of
protection for extensions of one year, but not to exceed three extensions.
Upon granting of final approval, the rights conferred upon the applicant
by the granting of preliminary approval shall be terminated upon final
approval.
(4)
Upon final approval by the approving board, a copy of the plat shall
be filed with each of the following: the Zoning Officer, Engineer
of the Board, Borough Clerk, Construction Official, Borough Planner,
Tax Assessor and any other agency or person directed by the approving
authority.
A.
Preparation. 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 of the State of New Jersey plans showing the location, as
built, of all improvements required by this chapter, including, without
intending to limit the generality hereof, the location of water mains,
gas mains and underground supply lines for light, power and telephone
service, septic systems, well heads and package treatment plans and
all of their appurtenances.
B.
Alternative. In lieu of providing the foregoing as-built plans, the
applicant's engineer may certify by letter addressed to the Board
that the improvements have been constructed within the approved preliminary
plat and final plat in the case of a subdivision and the approved
final plat in the case of a site plan. In the event of any changes
from the approved preliminary or approved final plat in the case of
a subdivision, such plats shall be resubmitted to the approving board,
in all details to show all such changes, duly signed and sealed by
a licensed professional engineer of the State of New Jersey.
