[Amended 6-10-1997 by Ord. No. 2606; 10-13-1998 by Ord. No. 2643; 1-15-2003 by Ord. No. 2814; 3-12-2003 by Ord. No. 2818; 4-13-2005 by Ord. No.
2933; 7-18-2007 by Ord. No. 3071; 10-14-2009 by Ord. No. 3220]
A.
Developments that require site plan approval. Prior to the issuance
of a building permit, zoning permit or certificate of occupancy for
any development, a final site plan application shall be submitted
to and approved by resolution of the Planning Board in accordance
with the requirements of this article, unless such development is
determined to be exempt by this section from the requirement to obtain
site plan approval. The resolution of the Zoning Board of Adjustment
shall substitute for that of the Planning Board whenever the Zoning
Board of Adjustment has jurisdiction over a site plan pursuant to
this chapter.
B.
Developments which are exempt from site plan approval requirements.
The following developments shall be exempt from the requirement to
obtain site plan review and approval, provided that if such developments
are proposed in connection with an application that otherwise requires
site plan approval, they shall require approval as part of the overall
site plan application:
[Amended 4-7-2010 by Ord. No. 3242; 8-13-2014 by Ord. No. 3426]
(1)
Developments which are automatically exempt from site plan approval.
(a)
Subdivision or individual lot applications for detached one-
or two-dwelling-unit buildings and permitted accessory uses and structures
thereto.
(b)
A proposed interior alteration, change in occupancy or change
of use involving no exterior site improvements other than those improvements
exempted from site plan review and approval by this section.
(c)
Maintenance and repair of existing improvements; provided, however, that replacement of existing improvements shall be subject to the provisions of Subsection B(1)(g) below.
(d)
Improvements or activities within the right-of-way of a public
street which have been authorized by the state, county and/or Village,
as applicable, and/or which have received a street opening permit
by the entity having jurisdiction.
(e)
Development undertaken by the Village of Ridgewood.
(f)
Development otherwise exempt from the requirement of site plan
approval by law.
(g)
Improvements that are an identical replacement for improvements
that previously received site plan approval and for which there is
no legal prohibition against such replacement. The foregoing shall
not be construed to be exempt improvements:
[1]
For which no valid approval exists;
[2]
Which would violate any applicable condition of a prior development
application approval;
[3]
Which would violate any of the provisions related to nonconforming uses or structures in § 190-126; or
[4]
Which would violate any provision of this chapter or other chapters
of the Village Code.
(h)
The following improvements or activities, provided that the
automatic site plan exemption shall only apply if such improvements
or activities: a) fully comply with the requirements of this chapter,
b) comply with the conditions of any and all development application
approvals currently in effect, and c) obtain all other required permits
and approvals:
[1]
Drainage structures which receive a permit or are exempt from the requirement to obtain a permit pursuant to § 190-120A.
[2]
Utility service connections including but not limited to water,
sanitary sewer, natural gas, electric, telephone and cable television
connections.
[3]
Light fixtures designed and used primarily to illuminate building
entries and exits, to illuminate signs or to provide decorative effects
to building facades and which have received all required building
and zoning permits. The foregoing shall not be construed to automatically
exempt light fixtures designed and used primarily to illuminate parking
and loading areas and driveways from site plan approval requirements.
[4]
Exterior heating, ventilating, air-conditioning, backup power
generators and similar mechanical equipment.
[5]
Antennas, except for cellular telecommunications antennas and
equipment accessory to cellular telecommunications antennas.
[6]
Signs accessory to a permitted principal use located on the
same property and which are completely conforming to all applicable
zoning regulations.
[7]
Soil movement which has received a ministerial permit, minor permit, or is exempt from the requirement to obtain a soil movement permit pursuant to Chapter 246 of the Village Code.
[8]
Landscaping that disturbs an area of not more than 500 square
feet and has received any required soil movement permit or other permits
or is exempt from the requirement to obtain a permit.
[9]
Exterior storage areas for refuse and recyclable materials that
have received a zoning permit and any required building permit.
[10]
Fuel storage tanks up to 1,500 gallons capacity.
[11]
Flag poles.
[12]
Fences.
[13]
The placement of temporary and movable tables,
chairs, umbrellas and/or other such furnishings or fixtures approved
in connection with a licensed outdoor cafe, provided that the foregoing
shall not be construed to exempt the construction, reconstruction
or demolition of permanent structures or any structures requiring
a permit.
(2)
Improvements which are not automatically exempt, but which are determined exempt at the discretion of the Site Plan Exemption Committee. The Site Plan Exemption Committee may determine certain improvements not specified in § 190-37B(1) to be exempt from the requirement to obtain site plan approval in accordance with the procedures in Subsection C below. No site plan exemption shall be granted by the Committee for any of the improvements set forth in § 190-37C(1)(a) below, and no site plan exemption shall be granted by the Committee unless the improvements: a) are included in the definition of "minor site plan" in § 190-3, as further limited below, b) fully comply with the requirements of this chapter, c) comply with the conditions of any and all development application approvals currently in effect, and d) obtain all other required permits and approvals. The improvements that may be determined exempt by the Committee are limited to the following:
(a)
The construction, reconstruction, conversion, alteration, relocation,
enlargement or demolition of any nonbuilding structure(s), and any
landscaping, all of which do not increase the improvement coverage
on the property by more than 500 square feet, and all of which have
a combined ground surface area of no greater than 2,000 square feet.
(b)
Alterations to the facade, roof, entrance or exit doors, windows
or other exterior components of an existing building, which alterations
do not change the location or extent of the walls of the building.
(c)
Porches, decks, fire escapes, and other above grade entry/egress
structures having an area up to 100 square feet.
[Amended 9-9-2020 by Ord. No. 3810]
(d)
Outdoor enclosures for existing restaurants, provided that:
[Added 1-8-2020 by Ord. No. 3762]
[1]
Timeframe limited to: From December 10 through February 28/29.
[Amended 3-11-2020 by Ord. No. 3783]
[2]
Contains no signage.
[3]
Extends no greater distance than the minimum required to meet ADA
requirements.
[4]
Doors open to the side so as to minimize pedestrian conflicts.
[5]
The area is under 32 square feet.
[6]
A minimum of 52 inches of unobstructed sidewalk shall be maintained
in front of the enclosure.
[7]
Anchoring methods as approved by the Village Engineer.
[10]
Obtains all required approvals including Uniform Construction Code
permits.
[11]
The restaurant use is preexisting at the time of adoption of this
subsection.
[12]
The design shall comply with all applicable United States Access
Board, Accessibility Guidelines for Pedestrian Facilities within a
Right-of-Way.
(e)
Accessibility ramps and/or lifts for one- and two-family dwellings,
provided that:
[Added 9-9-2020 by Ord. No. 3810]
[1]
The resident of the one- or two-family structure provides satisfactory
evidence of their handicap status.
[2]
The property owners' consent if the person with a disability is not
the owner.
[3]
The approval of the homeowners' association, if applicable.
[4]
The handicap-accessible structure meets ADA and barrier-free requirements.
[5]
The handicap-accessible structure, if it does not comply with the
underlying zoning, is no larger than is practically needed to provide
accessibility.
[6]
The handicap-accessible structure extends into any required setback
no more than is practically needed to provide accessibility.
[7]
The handicap-accessible structure shall not be subject to any coverage,
stormwater management or FAR requirements.
[8]
The handicap-accessible structure is to be constructed of materials
to harmonize with the principal structure to the extent practical.
[9]
That any handicap-accessible structure that does not meet the underlying
setback and coverage requirements in the zone be removed within 120
days of the person with a disability no longer residing at the premises.
Should the structure not be removed within the 120-day time period,
a warning shall be issued prior to the issuance of a citation. The
warning shall provide an opportunity to apply for an extension of
time of up to 60 days in order to cure the violation so long as the
property owner can demonstrate good cause with respect to the delay
in order to provide a valid basis for the extension.
C.
Site plan exemption criteria and procedures. The determination as
to whether or not an improvement is exempt from the requirement to
obtain site plan approval shall be made by the permitting official,
except for improvements referenced in § 190-37B(4). In the
case of the improvements referenced in § 190-37B(4), the
following exemption criteria and procedure shall apply:
(1)
Exemption criteria. Only improvements that meet the following criteria
may be determined exempt:
(a)
The improvements shall not include any of the following; such
improvements shall be required to obtain site plan approval:
[Amended 8-13-2014 by Ord. No. 3426]
[1]
Principal or accessory buildings.
[2]
Building additions.
[3]
Porches, decks, fire escapes and other above grade entry/egress
structures having an area greater than 100 square feet.
[Amended 9-9-2020 by Ord. No. 3810]
[5]
Any improvement which requires a variance, exception from the
design standards or modification of the conditions of all current
development approvals.
[6]
Improvements that result in an increase of more than 500 square
feet of improvement coverage.
[7]
Handicap-accessible ramps and/or lifts for one- and two-family dwellings that comply with § 190-37B(2)(e).
[Added 9-9-2020 by Ord. No. 3810]
(b)
The proposed improvements, taken in the aggregate, shall be consistent with the improvements in the definition of "minor site plan" in § 190-3, in both nature and extent.
(c)
The proposed improvements must comply with all applicable provisions of Chapter 190, Land Use and Development, including but not limited to the specific and general design guidelines, standards and construction specifications in Article IX, the zoning regulations in Article X and all other applicable laws, rules and regulations of the Village Code.
(2)
Application for exemption. The applicant for site plan exemption shall file with the Planning Board Secretary an application form, an application fee as set forth in § 145-6, a plan depicting the proposed development and any supplemental documentation, all of which shall be sufficient to determine that the improvements comply with the exemption criteria in Subsection C(1) above. The application form and completeness checklist shall be available in the office of the Planning Board and shall be posted on the Village's website. The documentation to be submitted shall contain the information required in the completeness checklist for minor site plans in § 190-72 unless waived by the Site Plan Exemption Committee, provided that the Committee may request additional information not on the checklist if such information is needed to determine compliance with the exemption criteria in Subsection C(1) above.
(3)
Review of applications for site plan exemption. Applications for
site plan exemption shall be reviewed and decided by a committee consisting
of the Village Engineer or his designee, the Construction Official
or his designee, the Village Planner and a member of the Planning
Board to be appointed by the Planning Board Chairman; provided, however,
that such committee may authorize one of its members to review and
act on behalf of the entire committee in order to expedite very simple
applications. In performing this review and in making the decision
regarding site plan exemption, the following shall apply:
[Amended 8-13-2014 by Ord. No. 3426]
(a)
The applicant shall have the burden of proof that the proposed
development meets the criteria for site plan exemption. Failure to
meet this burden to the satisfaction of the Committee shall result
in a determination that the improvement(s) is (are) not exempt from
the requirement to obtain site plan approval.
(b)
If the applicant has not provided sufficient information or
has provided information that is unclear, contradictory or confusing,
the Committee shall notify the applicant in writing of such deficiencies
within 15 business days of the date the application is filed. In the
event that the Committee does not determine the application to be
complete or incomplete within said period, the application shall be
determined complete upon the expiration of said fifteen-day period.
(c)
If the application is determined incomplete, the applicant shall
be required to address the completeness deficiencies. Subsequent submission
by the applicant, if made within 190 days of being notified of the
completeness deficiencies, shall not require the payment of an additional
application fee or the filing of a new application, and such submission
shall be reviewed following the same procedures as the original application.
Failure to resubmit the required information within said one-hundred-ninety-day
period shall result in the dismissal of the application without prejudice.
(d)
The Committee shall review and decide applications for site
plan exemption within 15 business days of the date the application
is determined to be complete, unless such deadline is extended by
consent of the applicant. Such extension may be granted before or
after said fifteen-day period. The failure of the Committee to act
within said time period shall be deemed a dismissal of the application
without prejudice.
(e)
All decisions to grant or deny applications for site plan exemption
shall be made by a majority of the full Site Plan Exemption Committee,
except for simple applications when the Committee has authorized a
single member to act on its behalf.
(f)
The Committee shall approve or deny applications for site plan exemption based upon the exemption criteria in Subsection C(1) above. Approvals may be granted with the imposition of reasonable conditions designed to ensure compliance with such exemption criteria, as may be required by law or deemed appropriate by the Committee.
(g)
If there is any reasonable doubt concerning whether or not the proposed development meets the exemption criteria in Subsection C(1) above, the Committee shall deny the application for site plan exemption.
(h)
All decisions of the Committee shall be in writing and shall
include a reference to the documents that served as a basis for the
decision, the reason(s) for the decision and, in the case of exemption
approval, any conditions of approval. A copy of the decision shall
be sent to the applicant without charge.
(i)
The application materials and a copy of the Committee's decision
shall be maintained in the records of the Planning Board.
(4)
Any exemption that may be granted from site plan approval requirements
shall not be construed to exempt the applicant from the requirement,
as applicable, to obtain all required building permits, zoning permits,
sign permits, historic preservation permits and all other required
approvals.
[Added 10-14-2009 by Ord. No. 3220]
Prior to the filing of any plat, deed or other recorded instrument with the County Recording Officer for the subdivision of land, as defined by § 190-3, a final subdivision application shall be submitted to and approved by resolution of the Planning Board in accordance with the requirements of this article. The resolution of the Zoning Board of Adjustment shall substitute for that of the Planning Board whenever the Zoning Board of Adjustment has jurisdiction over a subdivision pursuant to this chapter.
Applications for site plan and/or subdivision
approval shall be classified as one or more of the following, as defined
by this chapter:
Applications for site plan and/or subdivision
approval shall be filed in accordance with the following procedures:
A.
An application for site plan or subdivision approval
shall be filed with the Secretary of the board having jurisdiction
over the application. Required forms and checklists for the application
shall be available in the office of the Secretary for the respective
board and shall be provided to the applicant prior to formal submission
of an application.
B.
Applications must be accompanied by the required drawings,
documents, fees and other data as required by the completeness checklists
in this chapter. The applicant may produce other documents, records,
or testimony at the hearing to substantiate, clarify or supplement
the previously filed maps and documents.
C.
Maps and documents.
[Amended 4-10-2002 by Ord. No. 2776]
(1)
Any maps and documents for which approval is sought
shall be submitted and determined complete within the following deadlines
before the date of the public hearing at which the application will
be heard in order to give the Board, its advisors and Village agencies
sufficient time to review the application and report to the Board:
|
Type of Application
|
Days Before Public Hearing
| |
|---|---|---|
|
"C" variance applications, appeals other than
variances, minor site plans, minor subdivisions, final major site
plans and final major subdivisions
|
21
| |
|
"D" variances, preliminary major site plans
and preliminary major subdivisions
|
28
| |
|
Combination of application types
|
The longest time period applicable to any of
the application types
|
(2)
The hearing date for any application will be deferred for any application failing to meet this deadline; however, the Board may vary from this procedure when necessary to act on the application within the time periods set forth in § 190-42C or in exceptional circumstances and for due cause shown upon written request from the applicant. Under no circumstances, however, shall the ten-day deadline in § 190-15 be waived. The foregoing provisions shall not be construed as a requirement that an application determined complete within the required deadline be heard at the next meeting; the Board shall set its own agenda in accordance with its rules and in accordance with the time periods within which the Board is required to act.
The Planning Board or the Zoning Board of Adjustment,
as applicable, shall have the power to review and approve or deny
conditional uses, site plans and subdivisions simultaneously and shall
have the power to review and approve or deny variance requests simultaneously
with any of the above applications, without the developer being required
to make further application to the Board or the Board being required
to hold further hearings.
Upon the filing of an application, it shall
be reviewed to determine compliance with the submission requirements
of this chapter. The following procedure shall apply:
A.
An application for development shall be complete for
purposes of commencing the applicable time period for action by the
Board when so certified by the Board or its authorized committee or
designee.
B.
The applicant shall be notified in writing whether
the application has been determined complete or incomplete by the
Board or its authorized committee or designee within 45 days of the
date of submission of an application. An application shall be determined
complete if all of the items required by the appropriate completeness
checklists have been submitted.
C.
In the event that the agency, committee or designee
does not certify the application to be complete or incomplete within
45 days of the date of its submission, the application shall be deemed
complete upon the expiration of said forty-five-day period.
D.
The applicant may request that one or more of the
submission requirements be waived. A written request explaining the
basis for such request(s) must be submitted for such waiver requests
in order to be considered. The Board or its authorized committee shall
grant or deny the waiver request within 45 days of receipt of the
written request.
E.
Nothing herein shall be construed as diminishing the
applicant's obligation to prove in the application process that he
is entitled to approval of the application. The Board may subsequently
require correction of any information found to be in error and submission
of additional information not specified in this chapter or any revisions
in the accompanying documents as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application have been met. The application shall not
be deemed incomplete for lack of any such additional information or
any revisions in the accompanying documents so required by the Board.
The following general review procedures shall
apply, unless the provisions for specific types of applications indicate
a contrary procedure.
A.
After an application has been determined to be complete,
the Secretary shall forward the application to the Planning Board
or the Zoning Board of Adjustment for public hearing, depending on
which Board has jurisdiction. Hearings shall be conducted in accordance
with the procedures outlined in this chapter.
B.
After an application has been determined to be complete
or when the application has been scheduled for public hearing, whichever
occurs sooner, the Secretary shall refer the application to the following
persons or agencies for report and recommendation to the Board:
(1)
Village Engineer;
(2)
Planning consultant for the Board;
(3)
Ridgewood Historic Preservation Commission, if the property for the application is located in an historic district designated by the zoning regulations, Article X of this chapter, or is designated as an historic site on the Zoning Map, Official Map or by any component element of the Master Plan. Failure to refer the application to the Commission shall not invalidate any hearing or proceeding. The Commission may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted;
(4)
Village Environmental Commission, if one exists; and
(5)
Such other consultants which have been directed by
the Board to review and comment on the application, as well as other
Village, county, state and federal officials and agencies having appropriate
jurisdiction and as directed by the Board. Such referral to other
governmental officials or agencies shall not relieve the applicant
of the responsibility of applying independently to and receiving approval
from such agencies as required by law.
C.
The Board shall grant or deny an application within
the following time periods or within such further time as may be consented
to by the applicant. The time period required below for action shall
begin on the date that an application is determined to be complete.
(1)
Conceptual site plan and conceptual subdivision: no
time limit.
(2)
Minor site plan: 45 days.
(3)
Preliminary major site plan, 10 acres of land or less
and 10 or fewer dwelling units: 45 days.
(4)
Preliminary major site plan, more than 10 acres of
land or more than 10 dwelling units: 95 days.
(5)
Final site plan: 45 days.
(6)
Minor subdivision: 45 days.
(7)
Preliminary major subdivision, 10 or fewer lots: 45
days.
(8)
Preliminary major subdivision, more than 10 lots:
95 days.
(9)
Final major subdivision: 45 days.
(10)
Conditional use site plan: 95 days.
(11)
Any application involving a variance: 120 days.
(12)
Simultaneous or consecutive applications. Whenever
an applicant seeks simultaneous approval of a subdivision, site plan,
conditional use, variance request and/or direction for issuance of
a permit, the longest time period for action by the Board, whether
it is for subdivision, site plan, conditional use, variance or direction
for issuance of a permit, shall apply to the simultaneous application.
In the event that the applicant elects to submit separate consecutive
applications, the time period for action provided by this chapter
shall apply to each individual application.
D.
If the Board requires any substantial amendments in
the layout of improvements proposed by the developer that have been
the subject of a hearing, an amended application for development shall
be submitted and proceeded upon, as in the case of the original application
for development.
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. Submission of a concept plan is optional with the
developer. Informal review of a concept plan is intended to enable
the Board and the developer to discuss and evaluate principles and
potential problems involved before the applicant has gone to the expense
of completing detailed engineering drawings as required for formal
plan review and approval. The procedures for filing, determination
of completeness and review shall be as provided by this article. The
developer shall not be bound by any concept plan for which review
is requested, and the Planning Board shall not be bound by any such
review.
In addition to the procedures for filing, completeness
determination and review provided by this article, the following provisions
shall apply to minor site plans.
A.
If an application for minor site plan approval is
classified as other than a minor site plan, the applicant will be
so notified. No further action by the Board will be required, and
the applicant will be required to follow the procedures for filing
an application for preliminary and final major site plan approval.
B.
A minor site plan may, at the discretion of the Board,
be reviewed by the full Board, referred to the Site Plan Committee
for review and recommendations or be approved subject to administrative
review by the Village Engineer, provided that any minor site plan
which requires any variances shall be reviewed by the full Board,
and a public hearing shall be held in accordance with the procedures
set forth in this chapter.
E.
Prior to the Board returning the signed minor site
plan to the applicant, the applicant shall submit six copies of the
approved plan to the Secretary. If the approved plan is larger than
11 inches by 17 inches, the applicant shall also submit a translucent
copy of the drawing suitable for making prints.
F.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
was granted shall not be changed for a period of two years after the
date of minor site plan approval. The Planning Board shall grant an
extension of this period for a period determined by the Board but
not exceeding one year from what would otherwise be the expiration
date, if the developer proves to the reasonable satisfaction of the
Board that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the approvals.
The developer shall apply for this extension before what would otherwise
be the expiration date or the 91st day after the date on which the
developer receives the last of the legally required approvals from
the other governmental entities, whichever occurs later.
In addition to the procedures for filing, completeness
determination and review provided by this article, the following provisions
shall apply to minor subdivisions.
A.
If an application for minor subdivision approval is
classified as other than a minor subdivision, the applicant will be
so notified. No further action by the Board will be required, and
the applicant will be required to follow the procedures contained
herein for filing an application for preliminary and final major subdivision
approval.
B.
In reviewing a minor subdivision application, the
Board may accept a plat not in conformity with the Map Filing Law,[1] 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 Map Filing Law.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
C.
A minor subdivision may, at the discretion of the
Board, be reviewed by the full Board or referred to the Subdivision
Committee for review and recommendations, provided that any minor
subdivision which requires any variances shall be reviewed by the
full Board, and a public hearing shall be held in accordance with
the procedures set forth in this chapter.
E.
If the application is approved, the deed or plat, as applicable, shall be signed by the Chairman and Secretary of the Board, provided that the signatures of the Chairman and Secretary shall not be affixed until the developer has posted any guaranties that may be required pursuant to §§ 190-25 and 190-57.
F.
Prior to the Board returning the signed minor subdivision
plat or deed to the applicant, the applicant shall submit six copies
of the approved plat or deed to the Secretary. If the approved plat
is a drawing larger than 11 inches by 17 inches, the applicant shall
also submit a translucent copy of the drawing suitable for making
prints.
G.
Except as provided otherwise below, approval of a minor subdivision shall expire 190 days from the date on which the resolution of Village approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Village Engineer and the Village Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Board. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to §§ 190-50 or 190-59.
H.
The Board may extend the one-hundred-ninety-day period
for filing a minor subdivision plat or deed if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from filing because of
delays in obtaining legally required approvals from other governmental
or quasi-governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. The length of the
extension shall be equal to the period of delay caused by the wait
for the required approvals, as determined by the Board. The developer
may apply for the extension either before or after what would otherwise
by the expiration date.
I.
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 on which the resolution of minor subdivision approval is adopted,
provided that the approved minor subdivision shall have been duly
recorded as provided in this section.
[Amended 10-14-2009 by Ord. No. 3220; 4-7-2010 by Ord. No. 3242]
In addition to the procedures for filing, completeness determination
and review provided by this article, the following provisions shall
apply to preliminary major site plans and preliminary major subdivisions.
A.
If the application is approved, the site plan or plat, as applicable,
shall be signed by the Chairman and Secretary of the Board.
B.
Prior to the Board returning the approved preliminary subdivision
plat or site plan drawings to the applicant, the applicant shall submit
six copies of the approved site plan or plat to the Secretary. If
the approved plan is larger than 11 inches by 17 inches, the applicant
shall also submit a translucent copy of the drawing suitable for making
prints.
C.
Preliminary approval of a major site plan or preliminary major subdivision
shall, except as provided otherwise below, confer upon the applicant
the following right for a three-year period from the date on which
the resolution of preliminary approval is adopted:
(1)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements; and, in the
case of a site plan, any on-tract improvements required to be installed,
except that nothing herein shall be construed to prevent the Village
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety;
(2)
That the applicant may construct only those infrastructure improvements set forth in § 190-54B, provided that the same rights shall be conferred in the case of a site plan involving the infrastructure improvements set forth in § 190-54B. No other improvements may be constructed and no other permits may be issued until final approval has been granted and all conditions precedent to approval have been satisfied;
(3)
That the applicant may submit for final apps oval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary major site plan or preliminary major subdivision,
as the case may be;
(4)
That the applicant may apply for and the Board may grant extensions
of 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.
D.
In the case of a preliminary major site plan or preliminary major
subdivision for an area of 50 acres or more, the Board may grant the
rights referred to above for such period of time, longer than three
years, as shall be determined by the Board to be reasonable taking
into consideration the number of dwelling units and nonresidential
floor area permissible under preliminary approval, economic conditions
and the comprehensiveness of the development. The applicant may apply
for thereafter and the Board may thereafter grant an extension to
preliminary approval for such additional period of time as shall be
determined by the Board 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 or sections awaiting
final approval, economic conditions and the comprehensiveness of the
development, provided that, if the design standards have been revised,
such revised standards may govern.
E.
Whenever the Board grants an extension of preliminary major site
plan or preliminary major subdivision approval as indicated above
and the preliminary approval has expired before the date on which
the extension is granted, the extension shall begin on what would
otherwise be the expiration date. The developer may apply for the
extension either before or after what would otherwise be the expiration
date.
In addition to the procedures for filing, completeness
determination and review provided by this article, the following provisions
shall apply to final major site plans and final major subdivisions.
A.
The Board 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 conditions of preliminary approval and, in the case
of a major subdivision, the standards prescribed by the Map Filing
Law.[1]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
In the case of a residential cluster, the Board may
permit minimal deviations from the conditions of preliminary approval
necessitated by a 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.
C.
If the application is approved, the site plan or plat, as applicable, shall be signed by the Chairman and Secretary of the Board, provided that the signatures of the Chairman and Secretary shall not be affixed until the developer has posted any guaranties that may be required pursuant to §§ 190-25 and 190-57. Prior to the signing and return of a final major subdivision plat or final major site plan, the applicant shall submit six copies of the approved plat to the Secretary. If the approved plat is a drawing larger than 11 inches by 17 inches, the applicant shall also submit a translucent copy of the drawing suitable for making prints.
D.
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 Board may for good cause shown extend the period
of recording for an additional period not to exceed 190 days from
the date of signing of the plat.
E.
The Board may extend the ninety-five-day or one-hundred-ninety-day
filing period if the developer proves to the reasonable satisfaction
of the Board that the developer was barred or prevented, directly
or indirectly, from filing because of delays in obtaining legally
required approvals from other governmental or quasi-governmental entities
and that the developer applied promptly for and diligently pursued
the required approvals. The length of the extension shall be equal
to the period of delay caused by the wait for the required approvals,
as determined by the Board.
F.
The developer may apply for a filing extension either
before or after the original expiration date.
G.
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to §§ 190-50 and 190-59. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to §§ 190-25 and 190-57.
H.
The zoning requirements applicable to the preliminary
approval first granted and all other right conferred upon the developer
by preliminary approval, whether conditionally or otherwise, shall
not be changed for a period of two years after the date on which the
resolution of final approval is adopted, provided that in the case
of a major subdivision the rights conferred herein shall expire if
the plat has not been duly recorded within the time period provided
above.
I.
Notwithstanding any other provisions of this chapter,
the granting of final approval to the development or section of the
development terminates the time period of protection for the preliminary
approval granted to the same development or section of the development.
J.
If the developer has followed the standards prescribed
for final approval, and, in the case of a subdivision, has duly recorded
the plat as required above, the Board may extend such period of protection
for extensions of one year, but not to exceed three extensions.
K.
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in Subsection H above for such period of time, longer than two years, as shall be determined by the Board 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 Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board 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 comprehensiveness of the development.
L.
The developer may apply for an extension either before or after what would otherwise be the expiration date. Whenever the Board grants an extension of final approval pursuant to Subsection J or K above and the final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date.
In addition to the procedures for filing, completeness
determination and review provided by this article, the following provisions
shall apply to applications which involve residential cluster.
A.
Variation in density or intensity. The standards for permitting variation in intensity in a residential cluster shall be as set forth in the specific district regulations in Article X of this chapter. In the case of cluster development, the maximum number of lots which may be permitted shall be computed by providing the Board with a plan which shows a subdivision concept layout of the property as it could be developed as a conventional subdivision in conformance with all the regulations of the Land Use Ordinance. This subdivision concept plan shall provide all the information required pursuant to § 190-67 and also include road profiles, a wetlands delineation pursuant to the Freshwater Wetlands Protection Act and a floodplain delineation pursuant to the most recent Federal Flood Insurance Rate Map. The cluster development shall be entitled to the same number of lots that said conforming conceptual subdivision would be entitled to, taking into account good planning, zoning and engineering principles as determined by the Board.
B.
Open space ownership and maintenance. Any subdivision
which involves residential cluster shall either dedicate any resulting
open space land to the Village or shall make provision for the establishment
of an open space organization which shall own and maintain said open
space for the benefit of owners or residents of the development. Any
area to be dedicated to the Village for open space purposes under
the terms of this section shall be at a location and shape as approved
by the Planning Board. If any open space areas are to be owned and
maintained by an organization for the benefit of owners and residents
of the development, then the following provisions shall apply:
(1)
Such organization shall not be dissolved and shall
not dispose of any open space, by sale or otherwise, except to an
organization conceived and established to own and maintain the open
space for the benefit of such development. Thereafter, such organization
shall not be dissolved or dispose of any of its open space without
first offering to dedicate the same to the Village of Ridgewood.
(2)
In the event that such organization shall fail to
maintain the open space in reasonable order and condition, the Planning
Board may serve written notice upon such organization or upon the
owners of the development setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition. Said
notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof and shall state the date and place
of a hearing thereon. The hearing shall be held within 15 days of
the notice.
(3)
At the hearing on deficiencies in maintenance, the
Planning Board may modify the terms of the original notice as to deficiencies
and may give a reasonable extension of time not to exceed 65 days
within which they shall be cured.
(4)
If the deficiencies set forth in the original notice
or in the modification thereof shall not be cured within 35 days or
any permitted extension thereof, the Village, in order to preserve
the open space and maintain the same for a period of one year, may
enter upon and maintain such land. Said entry and maintenance shall
not vest in the public any rights to use the open space except when
the same is voluntarily dedicated to the public by the owners.
(5)
Before the expiration of the year in Subsection B(4) above, the Planning Board shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development shall show cause why such maintenance by the Village shall not, at the election of the Village, continue for a succeeding year.
(6)
If at the hearing the Planning Board shall determine
that such organization is ready and able to maintain said open space
in a responsible condition, the Village shall cease to maintain said
open space at the end of said year.
(7)
If at the hearing the Planning Board shall determine
such organization is not ready and able to maintain said open space
in a reasonable condition, the Village may, at its discretion, continue
to maintain said open space during the next succeeding year, subject
to a similar hearing and determination, in each year thereafter. The
decision of the Planning Board in any such case shall constitute a
final administrative decision subject to judicial review.
(8)
The cost of such maintenance by the Village shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
assessed value at the time of imposition of the lien and shall become
a lien and tax on said properties and be added to and be a part of
the taxes to be levied and assessed thereon and enforced and collected
with interest by the same officers and in the same manner as other
taxes.
C.
Findings for residential cluster. Prior to the approval
of any residential cluster, the Board must find the following facts
and conclusions:
(1)
That departures by the proposed development from the zoning regulations otherwise applicable to the subject property conform to the zoning regulations authorizing such departures by residential clusters in Article X;
(2)
That the proposals for maintenance and conservation
of the common open space are reliable and the amount, location and
purpose of the common open space are adequate;
(3)
That provisions through the physical design of the
proposed development for public services, control over vehicular and
pedestrian traffic and the amenities of light and air, recreation
and visual enjoyment are adequate;
(4)
That the proposed residential cluster will not have
an reasonably adverse impact upon the area in which it is proposed
to be established; and
(5)
In the case of a proposed development which contemplates
construction over a period of years, that the terms and conditions
intended to protect the interests of the public and of the residents,
occupants and owners of the proposed development in the total completion
of the development are adequate.
The Planning Board or the Zoning Board of Adjustment,
in granting any approval, may require reasonable conditions designed
to further the intent and purpose of this chapter and the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.). The following provisions
shall apply to conditional approvals:
A.
Time for compliance with conditions. Whenever any
application for development is approved subject to specified conditions,
said conditions shall be fulfilled within 190 days of the date on
which the resolution of approval was adopted, subject, however, to
the following:
(2)
Notwithstanding the above one-hundred-ninety-day limitation,
the Board may, in appropriate circumstances, specify a longer period
of time within which any specific condition must be fulfilled.
(3)
The applicant may, for good cause shown, apply for
and the Board may grant extensions of time within which such conditions
must be fulfilled as the Board may deem appropriate under the circumstances.
Applications for such extension must be made prior to the expiration
of the period within which conditions were previously required to
be fulfilled.
B.
Procedure for demonstrating compliance. All conditions
of approval shall be complied with in the following manner:
(1)
Proof that applications have been filed with all other
agencies having jurisdiction over any aspect of the application for
development shall forthwith be filed with the Board.
(2)
The fulfillment of all other conditions shall forthwith
be reported in writing to the Board, which may cause such reports
to be verified in an appropriate manner.
C.
Effect of failure to comply. Only upon fulfillment
of all conditions precedent of preliminary approval shall any site
clearing, grading, construction of required on-tract or off-tract
improvements or other development be permitted only upon fulfillment
of all conditions precedent of final approval shall any subdivision
map or site plan be signed or any required building permit, occupancy
permit, zoning approval or other required approval be issued. Failure
to comply with any and all specified conditions of approval shall
have the following effects:
(1)
Conditions precedent. In the case of specified conditions
intended to be fulfilled before the approval becomes effective, failure
to fulfill any such condition within the required time period shall
cause said conditional approval to lapse and become null and void.
(2)
Conditions subsequent. In the case of specified conditions
which by their terms are incapable of being fulfilled or are not required
to be fulfilled prior to the final approval of the application, the
performance of which are not guaranteed by bonds or securities of
any type, failure to fulfill any such condition within the required
time period shall be grounds for the issuance of a stop-work order
by the enforcing official and the withholding of any certificate of
occupancy or any other approval until such conditions are fulfilled.
D.
County Planning Board approval. Whenever review or
approval of an application by the County Planning Board is required
by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case
of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6),
in the case of a site plan, the Board shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
E.
Other governmental approvals. In the event that development
proposed by an application requires an approval by a governmental
agency other than the Planning Board, the Zoning Board of Adjustment
or the County Planning Board, the Board shall, in appropriate instances,
condition its approval upon the subsequent approval of such governmental
agency, provided that the Board shall make a decision on any application
within the time periods provided in this chapter or within an extension
of such period as has been agreed to by the applicant unless the Board
is prevented or relieved from so acting by the operation of law.
F.
In the event that a developer submits an application
for development that is barred or prevented, directly or indirectly,
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the Village agency shall process such application for development
in accordance with the Municipal Land Use Law[1] and this chapter, and, if such application for development
complies with this chapter, the Village agency shall approve such
application conditioned on removal of such legal barrier to development.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Failure of the Planning Board or the Zoning
Board of Adjustment to act within the periods prescribed herein shall
constitute an approval of the application, and a certificate of the
Board Secretary as to the failure of the Board to act shall be issued
on the request of the applicant, and it shall be sufficient in lieu
of the written endorsement or other evidence of approval, as required
by the Municipal Land Use Law,[1] and shall be so accepted by the county recording officer
for purposes of filing subdivision plats. The following provisions
shall apply whenever an applicant wishes to claim approval of his
application for development by reason of the failure of the Board
to grant or deny approval within the time period provided herein.
A.
The applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to § 190-11.
B.
The applicant shall arrange publication of a notice
of the default approval in the official newspaper of the Village,
if there is one, or in a newspaper of general circulation in the Village.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The following shall apply to requests for extension
of any approval from the Planning Board or Zoning Board of Adjustment
due to delays in obtaining approvals from other government agencies.
A.
The Planning Board shall grant an extension of any
site plan or subdivision approval for a period determined by the Board,
but not exceeding one year from what would otherwise be the expiration
date, if the developer proves to the reasonable satisfaction of the
Board that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the approvals.
B.
A developer shall apply for this extension before
what would otherwise be the expiration or the 91st day after the date
on which the developer receives the last of the legally required approvals
from the other governmental entities, whichever occurs later.
C.
An extension granted pursuant to this section shall
not preclude the Board from granting any other extensions permitted
herein or by any other law.
In the event that, during the period of approval
heretofore or hereafter granted to an application for development,
the developer is barred or prevented, directly or indirectly, from
proceeding with the development otherwise permitted under such approval
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare
and the developer is ready, willing and able to proceed with said
development, the running of the period of approval under this chapter
shall be suspended for the period of time said legal action is pending
or such directive order is in effect.
Prior to any construction and coincident with
the furnishing of the performance guarantee by the developer, the
developer shall enter into a developer's agreement with the Village
Council incorporating all of the terms and conditions of approval
as required by the Planning Board. At the discretion of the Village
Council, the developer may be required to provide a restoration guarantee
as part of the agreement that can be used by the Village to restore
the property to a safe condition in the event that the developer abandons
the development project. The intent of such guarantee is to ensure
that the property in its unfinished development state does not adversely
affect the public safety or adversely impact the environment. No cutting
of trees or vegetation and no excavation, earth moving or installation
of infrastructure shall be permitted until said developer's agreement
is executed between the Village Council and the developer. No Village
official shall sign an approved preliminary subdivision or site plan
until the required developer's agreement has been executed.
[Amended 10-14-2009 by Ord. No. 3220; 4-7-2010 by Ord. No. 3242]
A.
All required improvements for subdivisions set forth in § 190-54B and any of the improvements in § 190-54B that may be required for a site plan shall be installed and any required off-tract improvements shall be installed or a pro rata share of such off-tract improvements paid prior to final approval, provided that the Village may accept a performance guarantee for all or some of the required improvements in lieu of installation of said improvements prior to final approval. If a developer posts a performance guarantee as provided by this chapter, the Board shall condition the issuance of building permits, demolition permits or certificates of occupancy, as the Board deems appropriate, upon the timely installation of improvements. No building permit for the construction of any structure other than public improvements as required pursuant to Subsection B below shall be issued for any portion of a property that has been granted preliminary approval by the Planning Board until such time as final approvals have been granted by the Board.
B.
The following improvements shall be required for all major subdivisions, designed in accordance with the provisions in Article IX of this chapter:
(1)
Street pavement and curbs;
(2)
Sidewalks on both sides of new streets and along any side of existing
streets upon which the subject property has frontage;
(3)
Driveway aprons;
(4)
Streetlighting;
(5)
Street signs, traffic signs and striping;
(6)
Street trees;
(7)
Monuments;
(8)
Potable water facilities;
(9)
Water facilities for fire-fighting purposes;
(10)
Sanitary sewer facilities;
(11)
Storm drainage facilities;
(12)
Electric, telephone, gas and cable television service, as applicable;
(13)
Any related improvements that may be necessary to provide any
of the improvements required above; and
As a condition of preliminary approval and prior
to any construction or the filing of an application for final approval
of a subdivision or site plan, the applicant shall have made cash
payments or other forms of payment acceptable to the Village and/or
installed with the consent of the Village for any required off-tract
improvements. The following provisions shall apply:
A.
Determination of required improvements. The Planning
Board or the Zoning Board of Adjustment, as applicable, shall determine
the nature of off-tract improvements to be required. Such determinations
shall not be inconsistent with the Village Master Plan circulation
and utility elements and may include street and related improvements,
water, sewer and drainage facilities and easements therefor.
B.
Determination of total cost of improvements. The cost
of installation of the required off-tract improvements shall be determined
by the Planning Board with advice of the Director of Public Works
and appropriate Village agencies.
C.
General criteria in determining proportion of costs
to be paid by applicant. The proportion of the total cost to be paid
by the applicant for off-tract improvements shall be determined by
the Board, with the assistance of the appropriate Village agencies,
based on the following criteria:
(1)
The total cost of the off-tract improvements;
(2)
The increase in market values of the property affected
and any other benefits conferred;
(3)
The needs created by the application;
(4)
Population and land use projections for the general
area of the applicant's property and other areas to be served by the
off-tract improvements;
(5)
The estimated time of construction of the off-tract
improvements;
(6)
The condition and periods of usefulness of the off-tract
improvements, which periods may be based upon the criteria of N.J.S.A.
40A:2-22; and
(7)
Any other reasonable criteria the Board feels is necessary
to protect the public health, safety and welfare.
D.
Criteria in determining proportion of costs to be paid by applicant for specific improvements. In addition to and notwithstanding the provisions of Subsection C above, the following criteria may be considered in determining the proportion of the total cost to be paid by the applicant for the following specific off-tract improvements:
(1)
Proportion of costs for street pavement, curbs, sidewalks,
shade trees, streetlights, street signs, traffic lights and related
improvements and easements therefor may also be based upon the anticipated
increase of traffic generated by the development. In determining such
traffic increase, the Board may consider traffic counts, existing
and projected traffic patterns, quality of roads and sidewalks in
the area and other factors related to the need created by the development
and the anticipated benefit thereto.
(2)
Proportion of costs for drainage facilities may also
be based upon the drainage conditions created by or affected by a
particular development, considering:
(3)
Proportion of costs for water supply and distribution
facilities may also be based upon the additional facilities necessitated
by the total anticipated water use requirements of the development
and other properties in the general area benefiting therefrom.
(4)
Proportion of costs for sanitary sewer facilities
may also be based upon the proportion that the total anticipated volume
of sewage effluent of the development and other properties connected
to the new facility bears to the existing capacity of existing sewerage
facilities. The calculation shall include the lines and other appurtenances
leading to and servicing the development property. Consideration may
also be given to the types of effluent and particular problems requiring
special equipment or added costs for treatment. In the event that
the applicant's property shall be permitted to be connected to existing
sewer facilities, the applicant shall pay a charge or be assessed
in accordance with law.
E.
Manner of implementation. After the estimated total
cost of construction and the application's proportion of the total
cost has been determined, the Village Council shall determine whether
the off-tract improvement is to be implemented by the Village as a
general or local improvement or by the applicant under a formula providing
for partial reimbursement by the Village for benefits to properties
other than the subdivision or site plan.
F.
Deposit for improvements. When the manner of implementation
has been determined by the Village Council, the applicant may be required
to provide a cash deposit or other deposit acceptable to the Village,
in accordance with the following:
(1)
If the improvement is to be constructed by the Village
as a general improvement, the applicant shall be required to deposit
an amount equal to the difference between the total cost of the improvement
and the estimated amount, if less than the total cost, that all properties
which are to be serviced by the improvement, including the subject
property, will be specifically benefited by the improvement.
(2)
If the improvement is to be constructed by the Village as a local improvement, the applicant shall be required to deposit an amount equal to the amount specified in Subsection F above, plus the estimated amount that the subject property will be specifically benefited by the improvement.
(3)
If the improvement is to be constructed by the applicant,
the applicant shall be required to deposit an amount equal to the
estimated cost of the improvement, less an offset for benefits to
properties other than the subject property.
G.
Payment for applicant's share of the cost of improvement. The applicant's proportion of the total cost of off-tract improvements shall be paid by the applicant to the Village Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited, or for other improvements serving the same purpose. In the event that the amount of the deposit pursuant to Subsection F above is less than the applicant's proportion of the total cost determined pursuant to Subsections C and D above, then the applicant shall be required to pay said proportion. In the event that the amount of the deposit pursuant to Subsection F above is more than the applicant's proportion of the total cost determined pursuant to Subsections C and D above, then the Village shall reimburse the applicant or his successors or assigns for the difference between the deposit and the applicant's proportion.
H.
Refund of payments for failure of Village to make
improvements. If after a period of 10 years from the date of payment
by an applicant for off-tract improvements to be constructed by the
Village, construction of such off-tract improvements has not been
initiated, the Village shall refund any and all deposits made by the
applicant for such improvements, together with the accumulated interest
or other income earned on the deposit, if any.
I.
Dispute of amount of applicant's contribution. If
the applicant and the Board cannot agree on the total cost or the
applicant's proportion of the total cost of the off-tract improvement,
or on the determination made by the officer or Board charged with
the duty of making assessments as to special benefits, and if the
off-tract improvement is to be constructed as a local improvement,
no approval shall be granted for the application. Where a developer
pays the amount determined as his proportion of the total cost of
the improvement under protest, he shall institute legal action within
one year of such payment in order to preserve the right to a judicial
determination as to the fairness and reasonableness of such amount.
J.
Assessments of properties. Upon receipt from the applicant of his proportion of the total cost of the off-tract improvement, the Village may adopt a local improvement assessment ordinance for the purpose of construction of the off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed by the Village against any property owners who benefit from the improvement. Any assessments made against the applicant or his successors or assigns for benefits conferred shall be first offset by a credit for the payment made by the applicant pursuant to Subsection G above. The applicant or his successors or assigns shall not be liable for any part of any assessment for such improvements unless the assessment exceeds the credit for payment previously made, and then only to the extent of the deficiency.
K.
Credit for work performed. In the event that the applicant, with the Village's consent, decides to install and construct the off-tract improvement or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-tract improvement or portion thereof constructed by the Village in the same manner as if the applicant had made a payment pursuant to Subsection G above.
L.
Installation of improvements by applicant. At the
option of the Village, and with the consent of the applicant, the
Village may enter into a contract with the applicant providing for
the construction of off-tract improvements by the applicant upon contribution
by the Village of the remaining unallocated portion of the cost of
the off-tract improvement. In the event that the Village so elects
to contribute to the cost and expense of installation of the off-site
improvements by the applicant, the portion contributed by the Village
shall be subject to possible certification and assessment as a local
improvement against benefiting property owners in the manner provided
by law, if applicable.
M.
Compliance with design criteria. Should the applicant
and the Village enter into a contract for the construction and erection
of the off-tract improvement to be done by the applicant, he shall
observe all requirements and principles of this chapter in the design
of such improvements.
All improvements required by the Board except
electric, telephone, cable television, streetlighting, gas, water
and streets not under the jurisdiction of the Village of Ridgewood
shall be installed under the supervision and inspection of the director
of the Department of Public Works. Other improvements shall be installed
under the supervision and inspection of the authority having jurisdiction
over such improvements. No construction work covering the required
improvements shall be commenced without the developer first notifying
the Director that said construction work is about to take place. Such
notice shall be given, in writing, to the Director at his office in
the Village Hall at least one week before the commencement of such
work. No required improvements shall be covered until inspected and
approved by the Director of the Department of Public Works.
Until final acceptance of all public improvements
by the Village Council, the developer shall be responsible for the
maintenance of all such improvements, whether such improvements are
completed or are under construction, and shall be responsible for
providing all municipal services regarding such improvements other
than solid waste collection. The following provisions shall apply:
A.
If the developer fails to maintain such improvements,
including but not limited to a failure to sweep streets, remove leaves
or remove ice or snow, the Village may, after 24 hours' notice to
the developer, proceed to perform such maintenance at the expense
of the developer.
B.
The cost charged by the Village for such services
shall include direct labor, overhead, materials and equipment as computed
by the Director of the Department of Public Works.
C.
In order to ensure payment of such charges, the Village shall require the applicant, at the time of and as a condition of preliminary approval, to deposit in an escrow account an amount equal to that necessary to provide all necessary maintenance services for a time period equal to that established for the required performance guarantee, and any extension thereof. Such escrow deposit shall be administered in accordance with § 190-26, with the amount of any additional deposits to be computed by the Director of the Department of Public Works.
A.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which Village approval is required by this chapter or any other
ordinance pursuant to the Municipal Land Use Law,[1] such person shall be subject to a penalty not to exceed
$1,000, and each lot disposition so made may be deemed a separate
violation.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
In addition to the foregoing, the Village may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made to such a contract of sale if a certificate of compliance has not been issued in accordance with § 190-59. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years of the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.
The prospective purchaser, prospective mortgagee
or any other person interested in any land which forms part of a subdivision
or which formed part of such a subdivision subsequent to August 1,
1973, may apply in writing to the Board Secretary for the issuance
of a certificate certifying whether or not such subdivision has been
approved by the Board. The following provisions shall apply to the
issuance of said certificates:
A.
Such application shall contain a diagram showing the
location and dimension of the land to be covered by the certificate
and the name of the owner thereof.
B.
The Board Secretary shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor.
C.
Each such certificate shall be designated a "certificate
as to approval of subdivision of land" and shall certify:
(2)
Whether the subdivision, as it relates to the land
shown in said application, has been approved by the Planning Board
and, if so, the date of such approval and any extensions and terms
thereof, showing that subdivision of which the lands are a part is
a validly existing subdivision.
(3)
Whether such subdivision, if the same has not been
approved, is statutorily exempt from the requirement of approval as
provided in the Municipal Land Use Law.
D.
The Board Secretary shall charge a fee for such certificate as provided in Article V of this chapter, which fee shall be paid by the Board Secretary to the Village of Ridgewood.
E.
The Board Secretary shall keep a duplicate copy of
each certificate, consecutively numbered, including a statement of
the fee charged, in a binder as a permanent record of his office.
F.
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information contained therein shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Village pursuant to the provisions of § 190-58.
G.
If the Board Secretary fails to issue the same within 15 days after receipt of an application and fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Village pursuant to § 190-58.
H.
Any such application addressed to the Village Clerk
shall be deemed to be addressed to the proper designated officer,
and the Village shall be bound thereby to the same extent as though
the same was addressed to the designated official.
The Board, when acting upon applications for minor site plan, minor subdivision, preliminary major site plan or preliminary major site plan approval, shall have the power to grant such exceptions from the requirements in this chapter for site plan or subdivision approval as may be reasonable and within the general purpose and intent for the provisions for site plan and subdivision review and approval, if the literal enforcement of one or more provisions of this chapter regulating site plan and subdivision applications is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. Notwithstanding the above, there shall be no deviation from the zoning regulations, Article X of this chapter, authorized by this section.
If the Village Master Plan or Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, the Board may require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses before approving the subdivision or site plan. The Board may also reserve such areas in accordance with the provisions of § 190-130.
Notwithstanding any other provision of Chapter 246, Soil Removal, in any instance where an application for development proposes the moving of any soil, the applicant may pay a soil permit fee as required in said Chapter 246, and the Board may process the soil permit as an integral part of the site plan or subdivision application. In processing such applications, the applicant will be required to meet all provisions of said Chapter 246, except that a separate public hearing pertaining to the moving of soil will not be required.
It shall be a condition of any approval by a
Village agency pursuant to this chapter that proof be submitted that
no taxes or assessments for local improvements are due or delinquent
on the property for which any approval is sought.
A corporation or partnership applying to the
Planning Board, Zoning Board of Adjustment or to the Village Council,
as provided herein, for permission to subdivide a parcel of land into
six or more lots or applying for a variance to construct a multiple
dwelling of 25 or more family units or for approval of a site to be
used for commercial purposes shall disclose the ownership of the corporation
or partnership as follows:
A.
The corporation 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.
B.
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 this section, that corporation or
partnership shall list the names and addresses 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 section have been listed.
C.
The Planning Board, Zoning Board of Adjustment or
Village Council shall not approve any application of any corporation
or partnership that does not comply with the provisions of this section.
D.
Any corporation which conceals the names of the stockholders
owning 10% or more of its stock or of the individual partners owning
a ten-percent or greater interest in the partnership, as the case
may be, shall be subject to a fine of $1,000 to $10,000, which shall
be recovered in the name of the Village of Ridgewood in any court
of record in the state in a summary manner pursuant to the Penalty
Enforcement Law.[1]
[1]
Editor's Note: See N.J.S.A. 2A:58-10 et seq.
Any site plan or subdivision approved by the
Board pursuant to this article shall be binding upon the applicant
and his heirs, executors, successors or assigns. Any deviation from
an approved site plan or subdivision or any failure to adhere to the
conditions of approval shall be deemed a violation of this chapter
and shall be subject to the enforcement and penalties prescribed by
this chapter.
