Borough of Rocky Hill, NJ Development Review Procedures and Plat Details

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 of the deficiencies within 45 days of submission, or it shall be deemed to be properly submitted. If the Planning Board finds that the application for development is complete and conforms to the definition of minor site plan or minor subdivision, as the case may be, it shall approve or conditionally approve such application. Otherwise, it shall reject the application. Such approval shall be deemed final approval, provided that the Planning Board may condition such approval on terms insuring the installation of improvements required by Article VI of this chapter.

Minor site plan and subdivision approval shall be granted or denied within 45 days of the date the approving authority deems the submission to be complete or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval, and a certificate of the administrative officer as to the failure of the Planning Board 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 and shall be so accepted by the county recording officer for purposes of final subdivision plats.

Whenever review or approval of the application by the county Planning Board is required by N.J.S.A. 40:27-6.3 or 6.6, the Planning 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 thereon within the required time period.

Approval of a minor subdivision shall expire 190 days from the date of approval unless within such period 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, P.L. 1960, C. 141 (N.J.S.A. 46:23-9.9 et seq.[1]), 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. Any 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, P.L. 1960, C. 141 (N.J.S.A. 46:23-9.9 et seq.[2]), provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of said act.

Editor's Note: This statute was repealed by 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.

Editor's Note: This statute was repealed by 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which approval was granted shall not be changed for a period of two years after the date of approval, provided that, if the approval was for minor subdivision, the approved minor subdivision shall have been duly recorded as provided in this section.

Action by the applicant. If an application is deemed incomplete by the approving authority as provided in Subsection B(1) above, the applicant has 45 days after the date of such incompleteness notification to correct the specified deficiencies to make the application complete. If the approving authority has not received the materials required to cure the deficiencies needed to make the application complete within 45 days of the date of incompleteness notification, said application shall be deemed withdrawn without prejudice. The approving authority will memorialize its determination that the application is deemed withdrawn without prejudice by resolution and forward a copy of such resolution to the applicant by certified mail.

[Amended 7-19-2010 by Ord. No. 3-2010]

§ 80-36 Submission of preliminary plats for major subdivision and site plans; action thereon.

Preliminary plats are required for all major site plans and major subdivisions.

Filing procedure.

Any developer seeking major site plan or subdivision approval shall submit to the administrative officer at least two weeks prior to the meeting of the approving authority four black on white copies of the complete preliminary plat submission at the required scale, plus eight copies of the plat reduced to either 8 1/2 inches by 11 inches, 8 1/2 inches by 14 inches, or 11 inches by 17 inches page size plus a full digital copy in PDF format; an original and eight copies plus a full digital copy in PDF format of the completed copies of the application form for preliminary approval; an original and eight complete copies of the preliminary subdivision checklist; three copies of any existing or proposed protective covenants, deed restrictions and easements applying to the land being developed or a statement that none exist or are proposed; three copies of the drainage calculations plus digital copies of each document in PDF format; eight copies of the environmental impact report plus a full digital copy in PDF format; the applicable fee, including inspection fees if improvements are to be installed prior to final approval; and certification by the Tax Collector that all taxes are paid to date. The Board reserves its right to request additional hard copies at the discretion of the Board's staff.

[Amended 10-16-2023 by Ord. No. 2023-04]

A corporation or partnership 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 10% or greater interest in a partnership, subject to disclosure pursuant to the subsection, that corporation or partnership shall list the names and addressees of its stockholders holding 10% or more of its stock or of 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 10% ownership criterion established in this subsection have been listed. The approving authority shall not approve the application of any corporation or partnership which does not comply with this requirement.

[Amended 3-16-1999 by Ord. No. 3-1999]

Action by the approving authority.

The approving authority shall review the submission for completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified in writing of the deficiencies within 45 days of submission, or it shall be deemed to be properly submitted. When accepted the approving authority shall set the public hearing date.

Upon submission of a plat, the administrative officer shall submit one copy of the plat and supporting data to the County Planning Board, Municipal Engineer, and any other agency or person as directed by the approving authority for their 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, or recommendations that the application be rejected, such report shall state the reasons therefor. If an agency or person fails to report to the approving authority within the designated period, said plat shall be deemed to have been approved by them, or, if they do not have authority to approve said plat, they shall be deemed to have not made any recommendations that said plat be rejected. Upon mutual agreement between the County Planning Board and the approving authority, with approval of the applicant, 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.

The approving authority shall grant or deny preliminary approval of a subdivision of 10 or fewer lots within 45 days of the date the approving authority deems the submission to be complete or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the approving authority shall grant or deny preliminary approval within 95 days of the date the approving authority deems the submission to be complete or within such further time as may be consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval to the subdivision.

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:

A site plan which involves 10 acres or less and 10 dwelling units or less: within 45 days of the date the approving authority deems the submission to be complete.

A site plan which involves more than 10 acres or more than 10 dwelling units: within 95 days of the date the approving authority deems the submission to be complete.

If the approving authority required any substantial amendment in the layout of improvements in either a site plan or subdivision as proposed by the developer, an amended application for development 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.

The approving authority may approve, disapprove, or approve with conditions the application, including action on the environmental impact report in Article VI. Such action shall not take place until after any required public hearing has been conducted. The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 80-24, Public hearings and notices, in Article IV. If the approving authority grants preliminary approval, its Chairman and secretary (or the Vice Chairman or assistant secretary in their absence, respectively) and Municipal Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are complied with. In all conditions are not complied with within 180 days from the date of the meeting at which a plat was conditionally approved, the conditional approval shall lapse.

Preliminary approval shall, except as provided in Subsection B(7)(d) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval; otherwise the approval shall be void.

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to: use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; any requirements peculiar to site plan approval; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

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; and

That the applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

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(7)(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, and 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.

[Amended 7-19-2010 by Ord. No. 3-2010]

§ 80-37 Submission of final plats for major subdivisions and site plans; action thereon.

Filing procedure.

Prior to expiration of preliminary approval, the developer shall file with the administrative officer at least two weeks prior to the meeting of the approving authority one Mylar, one duplicate in electronic form, and eight black on white paper prints of the plat and supporting engineering data at the required scale and a full digital copy in PDF format, plus eight copies of the plat reduced to either 8 1/2 inches by 11 inches, 8 1/2 inches by 14 inches, or 11 inches by 17 inches page size plus a full digital copy in PDF format, eight completed copies of the application form for final approval with supporting exhibits; eight completed copies of the final subdivision checklist, the performance guarantee approved by the governing body including off-tract improvements, if any, any maintenance guarantees plus a full digital copy of the documents in PDF format, the applicable fee, certification by the Tax Collector that all taxes are paid to date, and certification by the Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975. The Board reserves its right to request additional hard copies at the discretion of the Board's staff.

[Amended 4-19-1999 by Ord. No. 3-1999; 10-16-2023 by Ord. No. 2023-04]

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.

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 drainage, erosion, stormwater control, and excavation plans and found they are in conformance with the approved preliminary plat and conditions of preliminary approval and 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:

Installed all improvements in accordance with the requirements of this chapter and the preliminary plat approval with a maintenance guarantee accompanying the final plat; or

Posted a performance guarantee in accordance with this chapter and the preliminary plat approval for all partially completed improvements or improvements not yet initiated.

Action by the approving authority.

The approving authority shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the approved preliminary plat, the conditions of preliminary approval, and standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.; provided that in the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.

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, and it 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.

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 on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The approving authority may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the approving authority as indicated on the instrument by the 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 guarantees. 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 approving authority in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing, and official number.

Provided the approved final plat has been filed with the County Recording Officer, the zoning requirements applicable to the preliminary approval first granted to a site plan or major subdivision and all other rights conferred upon the developer pursuant to the Municipal Land Use Law, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.

In the case of a subdivision or site plan for a planned development of 50 acres or conventional subdivision or site plan of 150 acres or more, the approving authority may grant the right referred to in the above paragraph for such period of time, longer than two years, 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 thereafter, 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.

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, Municipal Engineer, Tax Assessor and Planning Board and any other agency or person to whom it is directed by the approving authority.

(8)

The Planning Board may permit a deviation from the final plan if caused by change of conditions beyond the control of the developer since the date of final approval and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the master plan and zoning ordinance. Such deviation may be approved only after submission of any application by the developer setting forth the nature of such proposed deviation and the grounds therefor. A public hearing thereon shall be held and notice thereof given in conformance with the requirement of §§80-23 and 80-24 hereof.

§ 80-38 Plat design standards for subdivisions.

[Amended 4-19-1999 by Ord. No. 3-1999]

Plat conformity. No development application shall be accepted unless submitted in plat form and no plat shall be accepted for consideration unless it conforms to the requirements of Subsections B through D hereof and such checklists as have been adopted by ordinance as to form, content and accompanying information. All plats must comply with the provisions of N.J.S.A. 46:23.1 et seq., the Map Filing Law, as amended, except for minor subdivisions to be confirmed by filing of deeds. All plats shall be drawn by a land surveyor as required by law, licensed to practice in the State of New Jersey, and shall bear the signature, seal, and license number and address of the land surveyor. All drawings or improvements shall be signed and sealed by a licensed professional engineer of the State of New Jersey.

Sketch plat.

Clearly and legibly drawn.

Graphic scale at one inch equals 100 feet or larger (e.g., one inch equals 50 feet).

Existing and proposed street and lot layout, with dimensions showing that portion proposed for development in relation to the entire tract.

Existing lot lines to be eliminated.

Area of original tract to nearest square foot.

Area of each proposed lot to nearest square foot and dimensions therefor.

Contours based on USGS data.

(8)

Existing structures and uses.

(9)

Shortest distance between any existing building and a proposed or existing building and proposed or existing lot line.

(10)

All streams, and drainage rights-of-way including the direction of flow of all streams, brooks, and drainage rights-of-way; the location of all drainage structures; and the approximate location of flood hazard areas and floodway lines, slopes greater than 15%, wetlands and wetland transition areas.

(11)

A letter of interpretation issued by NJDEP confirming the delineation of any wetlands and wetland transition areas.

(12)

Existing and proposed rights-of-way and easements within and adjoining the tract with sight triangles shown.

(13)

The Tax Map sheet, block and lot number for the tract and all adjacent lots; a title including the words "Sketch Plat"; North arrow; space for the subdivision application number; the date of the original drawing and the date and substance of each revision.

(14)

Zoning district of subject property.

(15)

The name, address, signature and phone number of the owner, developer, and persons preparing the plat.

(16)

A key map at a scale of one inch equals 2,000 feet or smaller (e.g., one inch equals 2,500 feet) with North arrow showing the subject and surrounding properties and streets, zone boundaries, and the Airport Safety Zone and Historic Preservation District if within 500 feet of subject property.

[Amended 9-21-2020 by Ord. No. 2020-02]

(17)

All proposed improvements.

Preliminary subdivision plat.

Clearly and legibly drawn.

Graphic scale at one inch equals 100 feet or larger (e.g., one inch equals 50 feet).

Based on certified boundary survey and drawn by a land surveyor licensed in New Jersey with design improvements drawn by a professional engineer licensed in New Jersey.

Sheet sizes of 30 inches by 42 inches; 24 inches by 36 inches; 15 inches by 21 inches; or 8 1/2 inches by 13 inches. If more than one sheet is required to show the entire subdivision, a separate composite map at a reduced size shall be drawn on one sheet showing the entire subdivision and the sheets on which the various sections are shown.

Key map with North arrow showing the entire subdivision in relation to surrounding areas including the names of principal roads at a scale of one inch equals 2,000 feet or smaller (e.g., one inch equals 2,500 feet).

Title block with the name of the subdivision; any development names previously associated with the application; the name of the municipality; Tax Map sheet, block and lot number; date of preparation and most recent revision; meridian; North arrow; graphic scale; the names, addresses, phone numbers, and signatures of the owner, subdivider, and person(s) who prepared the plat(s), including the seal of the latter; and space for the subdivision application number.

The names of all property owners within 200 feet of the extreme limits of the subdivision as disclosed on the most recent municipal tax records.

(8)

Tract acreage to nearest square foot; the number of new lots; each lot line dimension scaled to the nearest foot; and each lot area to the nearest square foot.

(9)

Existing and proposed contours at two-foot intervals. All elevations shall be related to a bench mark noted on the plan and wherever possible be based on U.S. Geological Survey mean sea level datum.

(10)

Location of existing natural features such as soil types, wooded areas, views within the development and the location of individual trees outside wooded areas having a diameter of six inches or more measured five feet above ground level. Soil types shall be based on U.S. Soil Conservation Service categories from the Somerset County Soil Survey.

(11)

Existing and proposed streams, wetlands, and wetlands transition areas accompanied by the following data:

When a running stream with a drainage area of 1/2 square mile or greater is proposed for alteration, improvement, or relocation, or when a structure or fill is proposed over, under, in or along such a running stream, evidence of approval of such alteration improvement, or relocation or lack of jurisdiction by the New Jersey Department of Environmental Protection, shall accompany the plat.

Cross sections of watercourses at appropriate scale showing the extent of the flood fringe area, top of bank, normal water level and bottom elevations at the following locations:

All watercourses within or adjacent to the development and at any point where a watercourse crosses a boundary of the development (cross sections).

At fifty-foot intervals for a distance of 300 feet upstream and downstream of any existing or proposed culvert for bridge within the development (cross sections).

[3]

At a maximum of one-hundred-foot intervals, but at no less than two locations, along each watercourse which runs through or adjacent to the development (cross sections).

[4]

When ditches, streams, brooks or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation during construction as well as typical ditch sections and profiles shall be shown on the plan or accompany it.

The total upstream acreage in the drainage basin of any watercourse running through or adjacent to a development. For flowing streams, small scale watershed maps developed from USGS sheets shall be submitted.

The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in that portion of the development which drains to the structure.

(e)

The location and extent of all existing or proposed drainage and conservation easements and flood hazard area and floodway lines.

(f)

The location, extent and water level elevation of all existing or proposed lakes or ponds on or within 300 feet of the development.

(g)

Plans and computations for any storm drainage systems including the following:

All existing or proposed storm sewer lines within or on lands or roads adjacent to the development and for all required off-site and off-tract drainage improvements showing size, profile and slope of the lines, directions of flow, and the location of each catch basin, inlet, manhole, culvert and headwall.

The location and extent of any proposed dry wells, groundwater recharge basins, detention basins, flood control devices, sedimentation basins or other water conservation devices.

(h)

A letter of interpretation issued by NJDEP confirming the delineation of any wetlands and wetlands transition areas.

(12)

The names, locations and dimensions including cartway and right-of-way widths of all existing streets within a distance of 200 feet of the boundaries of the development; existing driveways and any connections from proposed streets, sidewalks, and bike routes in the development to any adjoining street(s), sidewalk(s), or bike route(s) and what off-site extensions, if any, will be made to nearby arterial and collector streets as those streets are shown on the adopted master plan.

(13)

Plans, cross sections, center-line profiles, tentative grades and details of all proposed and existing streets in the tract and within 300 feet of the subdivision based on the USGS datum, together with full information as to the disposal of surface drainage, including plans, cross sections and profiles of streets, storm drains and drainage structures. Typical street cross sections shall indicate the type and width of pavement and the location of curbs, sidewalks, bike routes, typical underground utilities, and shade tree planting. At intersections, the sight triangles, radii of curblines, crosswalks and street sign locations shall be shown. Final street naming may be deferred. For streets where curbs and/or sidewalks are to be provided, separate curb and sidewalk profiles shall be required at street intersections.

(14)

The names, locations, paved widths, right-of-way widths, and purpose(s) of existing and proposed easements, streets, and other rights-of-way in the subdivision. The text of any deed restriction shall be included.

(15)

The location and description of all monuments, existing and tentatively proposed.

(16)

All proposed lot lines, and all existing lot lines to remain and those to be eliminated. All setback lines required by the zoning ordinance with the dimensions thereof and any municipal boundary line where the boundary is within the tract or within 200 feet of the tract. Any lot(s) to be reserved or dedicated to public use shall be identified. Each block shall be numbered and the lots within each block shall be numbered consecutively, beginning with one.

(17)

Locations of all existing structures and their use(s) in the tract and within 200 feet thereof, showing existing and proposed front, rear and side yard setback distance, structures of potential historic significance, and an indication of all existing structures and uses to be retained and those to be removed.

(18)

Plans and profiles of proposed improvements and utility layouts (sanitary sewers, storm sewers, erosion control, stormwater control, excavation, etc.) showing location, size, slope, pumping stations, and other details as well as feasible connections to any existing or proposed utility systems. If service will be provided by an existing utility company, a letter from that company shall be submitted stating that service will be available before occupancy of any proposed structures.

(19)

Zoning district(s) and zoning district lines.

(20)

An itemization of all improvements to be made to the site as required in Article VI and such other improvements on-site, off-site and off-tract as the public interest may require, together with a listing of the work and materials to be used in installing such improvements including estimated quantities of necessary materials, sufficient to enable the Municipal Engineer to formulate a performance guarantee estimate.

Final subdivision plat.

Clearly and legibly drawn.

Graphic scale at one inch equals 50 feet or larger (e.g., one inch equals 25 feet).

Drawn in compliance with Map Filing Law.

The submission for final plat approval shall show the same information required for preliminary approval in addition to the following; except that the plat to be filed with the County Recording Officer need only contain the data required for filing with the county and all other data may be submitted on separate sheets.

Signature blocks for the approving authority, Municipal Engineer, and other endorsements required by law.

Tract boundary lines; municipal boundary line if within 200 feet of the tract being subdivided; street names; all lot line and other site lines with accurate dimensions, bearing or deflection angles and radii, arcs and chord bearings and distances of all curves based on an actual survey by the land surveyor licensed to practice in the State of New Jersey with minimum building setback lines and the area of each lot shown to the nearest square foot. All dimensions, both linear and angular, of the exterior tract boundaries shall be based on and calculated from surveyed traversing which shall have an apparent error of field closure of 1:10,000 or better and shall be corrected by accepted balancing methods to final errorless closure; all final exterior and lot boundaries shall be similarly balanced to final errorless closures. All dimensions, angles, and bearings given on the map must be referred to at least two permanent monuments which shall be indicated on the map.

Block and lots numbers in accordance with established standards and in conformity with the Borough Tax Map as approved by the Tax Assessor and all street numbers where appropriate shall be designated as specified by the approving authority.

Plans, cross-section, profiles and established grades of all streets and easements as approved by the Municipal Engineer.

(e)

Plans and center line profiles of all storm and sanitary sewers and water mains as approved by the Municipal Engineer.

(f)

Locations and description of all monuments as required by this chapter and the Map Filing Law with the subdivision tied into the New Jersey Plane Coordinate System.

(g)

By separate exhibits, information regarding required improvements and detailing the stage of completion of installing the improvements including the following certifications:

By a New-Jersey-licensed professional land surveyor as to the accuracy of the plat and of the surveyed dimensions.

That the applicant is agent or owner of the land, or that the owner has given consent under an option agreement or contract of sale.

[3]

Approval of municipal engineer.

[4]

Appropriate local, county and state approvals.

[5]

Other certifications that may be required by law.

§ 80-39 Plat design standards for site plans.

[Amended 4-19-1999 by Ord. No. 3-1999]

Plat conformity. No development application shall be accepted unless submitted in plat form and no plat shall be accepted for consideration unless it conforms to the following requirements and to such checklists as have been adopted by ordinance as to form, content and accompanying information. All plats shall be drawn by a land surveyor as required by law, licensed to practice in the State of New Jersey, and shall bear the signature, seal, license number and address of the land surveyor. All drawings of improvements shall be signed and sealed by a licensed professional engineer of the State of New Jersey.

Sketch plats shall include the same data as required in § 80-38B. This submission shall also show to scale the lot lines, proposed building(s), proposed use(s), parking, loading, on-site circulation, driveways, wooded areas, approximate on-site or on-tract stormwater detention facilities, and water and sewer service.

Preliminary site plan.

Every preliminary site plan shall be at a minimum graphic scale of one inch equals 10 feet, 20 feet, 30 feet, 40 feet or 50 feet; certified by a New-Jersey-licensed architect or engineer, including accurate lot lines certified by a New-Jersey-licensed land surveyor, submitted on one of four of the following standard sheet sizes (8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches). The following data shall be shown on the site plan or accompany it. (If one sheet is not sufficient to contain the entire territory, a separate composite map at a reduced size shall be drawn on one sheet showing the entire development and the sheets on which the various sections are shown.) All lots lines and the exterior boundaries of the tract; North arrow; zone district(s) in which the lot(s) is (are) located; date of original drawing and each subsequent amendment; existing and proposed street(s) and street name(s), existing and proposed contours at two-foot intervals throughout the tract and within 100 feet of any building or paved area under review; title of the plan; streams and flood hazard areas; wetlands and wetland transition areas; total area to one square foot; total number of parking spaces and driveways; all dimensions, areas and distances needed to conform with the ordinance such as but not limited to building lengths, building coverage, lot lines, parking spaces and driveways, loading spaces, setbacks and yards; a small key map giving the general location of the parcel within the Borough; a separate map showing the site in relation to all remaining lands in the present owner's ownership; and a letter of interpretation issued by NJDEP confirming the delineation of any wetlands and wetlands transition areas.

Site plan information for preliminary and final approval. Each site plan shall have the following information shown thereon or be annexed thereto and shall be designed to comply with the applicable design standards (see Article V), design and performance standards (see Article VI), and zoning regulations (see Article VII) of this chapter.

Building and use plan. Size, height, location, arrangement and use of all proposed buildings, structures and signs, including an architect's scaled elevations of the front, side and rear of any structure and sign to be erected or modified to the extent necessary to apprise the approving authority of the scope of the proposed work, shall be shown. Any existing structures shall be identified either to remain or to be removed. A written description of the proposed use(s) and operation(s) of nonresidential building(s), including the number of employees or members; the proposed number of shifts to be worked and the maximum number of employees on each shift; expected truck and tractor trailer traffic, emission of noise, glare, vibration, heat, odor, air and water pollution; safety hazards; and anticipated expansion plans incorporated in the building design shall be provided. Floor plans shall be submitted. In apartment and townhouse projects, the number of dwelling units, by type, shall be shown.

Circulation plan. This plan shall show access streets and street names, acceleration/deceleration lanes, curbs, aisles and lanes, access points to public streets, sight triangles, traffic channelization, easements, fire lanes, driveways, number and location of parking and loading spaces/loading berths and/or docks, pedestrian walks, bikeways and all related facilities for the movement and storage of goods, vehicles and persons on the site and including lights, lighting standards, signs and driveways within the tract and within 100 feet of the tract. Sidewalks shall be shown from each entrance/exit along expected paths of pedestrian travel such as, but not limited to, access to parking lots, driveways, other buildings on the site, and across common yard areas between buildings. Plans shall be accompanied by cross sections of new streets, aisles, lanes, driveways, sidewalks, and bikeways. Any expansion plans for the proposed use shall show feasible parking and loading expansion plans to accompany building expansion.

Natural resources plan. This plan shall show existing and proposed wooded areas, buffer areas including the intended screening devices and buffers, grading at two-foot contour intervals inside the tract and within 50 feet of its boundaries, seeded and/or sodded areas, ground cover, retaining walls, fencing, signs, recreation areas, shrubbery, trees, and other landscaping features. These plans shall show the location and type of man-made improvements and the location, species and caliper of plant material and trees to be located on the tract. All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, contours, existing foliage, and the planting of coniferous and/or deciduous trees native to the area in order to main or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage, and erosion control purposes. The grading plan, drainage facilities, and landscaping shall be coordinated to prevent erosion and siltation as outlined under the soil erosion and sediment control, the soil removal and redistribution, floodplain regulations and the grading and filling provisions of this chapter in Article VI as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.

Facilities plan. This plan shall show the existing and proposed locations of all drainage and stormwater runoff; open space; common property; fire, gas, electric, telephone, sewerage and water line locations; and solid waste collection and disposal methods including proposed grades, sizes, capacities, and materials to be used for facilities installed by the developer. Installations by utility companies need only show their locations on the plat. All easements acquired or required on the tract and across adjacent properties shall be shown and copies of legal documentation that supports the granting of an easement by an adjoining property owner shall be included. All proposed lighting shall be shown including the direction, angle, height, and reflection of each source of light. All utilities shall be installed underground. All required state and federal approvals for environmental considerations shall be submitted prior to preliminary approval or be a condition of approval. Drainage facilities shall include facilities to comply with the stormwater runoff provisions in Article VI. The method of sewage treatment and solid waste disposal shall be shown. All public services shall be connected to an approved public utilities system where one exists.

(e)

Flood hazard area considerations. Any proposal for a development on a tract where any part of the tract contains a flood hazard area shall comply with the floodplain regulations of this chapter in addition to the following standards. No building or structure shall be erected, moved, or enlarged, nor shall any material or equipment be stored, fill be placed, nor shall the elevation of any land be substantially changed in the flood hazard area except in accordance with a permit issued by the New Jersey Department of Environmental Protection Division of Water Resources; provided, however, that lawns, gardens and recreational usage that do not include structures are not included in the foregoing prohibitions. Primary consideration shall be given to preserving the floodway so as to assure maximum capacity of the passage of flood flows without aggravating flood conditions upstream and downstream. No building or structure shall be erected, moved, or enlarged in the flood fringe area if the elevation of any floor, including the cellar, shall be less than one foot above the flood hazard design elevation except in accordance with a permit issued by the New Jersey Department of Environmental Protection Division of Water Resources. As to developments in the flood fringe area, primary consideration shall be given to the protection of persons and property involved in the development and such consideration shall not be avoided by a waiver from the applicant.

Final site plan plat. The final plat shall include all data required on the preliminary site plan plat drawn to incorporate all changes required as a condition of preliminary approval and drawn by persons and to specifications as required for a preliminary plat.

§ 80-40 Submission of preservation plan for preservation permit; action thereon.

[Amended 8-16-1999 by Ord. No. 6-1999; 7-16-2007 by Ord. No. 5-2007; 11-18-2013 by Ord. No. 7-2013]

Classification of plans; major and minor submission requirements; determination of completeness; referral to ; noticing requirements.

Classification of plans: major or minor.

The administrative officer shall classify an application for preservation plan approval as either a major or a minor preservation plan in accordance with the definitions of major and minor preservation plans as articulated in Article III, § 80-3C.

An applicant may contest the administrative officer's classification of the plans by making an application to the Planning Board in accordance with the same regulations for contesting a zoning interpretation, pursuant to N.J.S.A. 40:55D-70, as may be amended from time to time.

Preservation plans will be classified as major or minor within the time frame for determining whether such an application is complete as stipulated in N.J.S.A. 40:55D-10.3, as may be amended from time to time.

Classification of plans: historic structure status.

Coincident with classifying an application as major or minor, the administrative officer shall also classify the subject structure or property as pre-1930 or post-1929 for the purposes of identifying the appropriate criteria against which the application will be reviewed.

An applicant may contest the administrative officer's classification of the historic structure status by making an application to the Planning Board in accordance with the same regulations for contesting a zoning interpretation, pursuant to N.J.S.A. 40:55D-70, as may be amended from time to time.

Major preservation plan submission requirements.

[Amended 10-16-2023 by Ord. No. 2023-04]

An applicant for a major preservation permit shall submit to the Administrative Officer a completed preservation plan application form, a major preservation plan, and supporting documentation, including color photographs of the property in question and surrounding properties; product specifications; and, where appropriate, elevations, details such as information regarding fenestration, roofing materials, exterior siding and other finishing materials, and building material samples. The documentation must be sufficient to demonstrate how the proposed improvement will appear in context. Color photocopies of photographs in lieu of colored prints may be submitted.

The applicant shall provide an original and eight copies of the completed application form, major preservation plan and all supporting documentation at the time of filing plus a full digital copy in PDF format of all documents, except that only one sample of each building material need be submitted. The Board reserves its right to request additional hard copies at the discretion of the Board's staff.

The applicant shall submit requisite fees and escrow payments in accordance with the Borough Development Fee and Escrow Ordinance.

Minor preservation plan submission requirements.

An applicant for a minor preservation permit shall submit to the Administrative Officer a completed preservation plan application form, a minor preservation plan, and supporting documentation, which may include color photographs of the property in question and surrounding properties; product specifications; elevations, details, and building material samples. The documentation must be sufficient to demonstrate how the proposed improvement will appear in context. Color photocopies of photographs in lieu of colored prints may be submitted.

Five copies of the completed application form, minor preservation plan and all supporting documentation submitted therewith shall be provided at the time of filing, and further provided that only one sample of each building material need be submitted.

The applicant shall submit requisite fees and escrow payments in accordance with the Borough Development Fee and Escrow Ordinance.

Determination of completeness.

Major preservation plan completeness. The Administrative Officer shall determine that the application is complete based on the information submitted. Notification of application completeness shall be made within 45 calendar days of the date of filing. If the application is deemed incomplete, the Administrative Officer shall at the same time advise the applicant of the deficiencies in the submission. All re-filings shall be treated as initial filings for purposes of this section.

Minor preservation plan completeness. The Administrative Officer shall determine application completeness based on the information submitted. Notification of application completeness shall be made within 45 calendar days of the date of filing. If the application is deemed incomplete, the Administrative Officer shall at the same time advise the applicant of the deficiencies in the submission. All re-filings shall be treated as initial filings for purposes of this section.

Referral to Board; noticing requirements.

All preservation plans associated with a development application, whether major preservation plans or minor preservation plans, shall be referred to and reviewed by the Planning Board, which may be simultaneous with site plan/subdivision review.

All major preservation plans not associated with a development application shall be referred to and reviewed by the Planning Board. The Administrative Officer shall notify the applicant of the date set for the hearing.

All minor preservation plan applications shall be referred to and reviewed by the Historic Review Subcommittee. The Historic Review Subcommittee shall give the applicant an opportunity to be heard during the review of the minor preservation plan. The Historic Review Subcommittee shall approve or disapprove the minor preservation plan and memorialize its decision together with its findings and recommendations in writing. A minor preservation plan shall be approved only when the Historic Review Subcommittee is satisfied that the minor preservation plan conforms to the criteria articulated in § 80-95B. If the Historic Review Subcommittee finds that the minor preservation plan does not conform to the provisions of § 80-95B, the minor preservation plan shall be referred to the Planning Board for full Planning Board review.

Noticing requirements.

Any preservation plan application, major or minor, associated with a development application shall be noticed in conjunction with the development application notice.

Any major preservation plan application not associated with a development application shall be noticed, at least 10 days prior to the hearing, by personal service or ordinary mail to all owners of property located within 200 feet of the lot which is the subject of the hearing on the application and of the date, time and place of the hearing with a brief description of the work for which approval is sought. No other notice requirements shall apply.

[3]

Any minor preservation plan application not associated with a development application shall not be subject to notice requirements.

Major preservation plan review.

All major preservation plans associated with a development application shall be reviewed in conjunction with the application for development with which they are associated.

A major preservation plan not associated with a development application will be reviewed by the Planning Board in accordance with the criteria articulated in § 80-95B.

The decision of the Planning Board shall be conveyed to the administrative officer via resolution. The administrative officer will issue the preservation permit or deny it in accordance with the resolution.

Minor preservation plan review.

All minor preservation plans associated with a development application shall be reviewed in conjunction with the application for development with which they are associated.

A minor preservation plan not associated with a development application will be reviewed by the Historic Review Subcommittee in accordance with the criteria articulated in § 80-95B.