[HISTORY: Adopted 2-15-2017 by Ord. No. 2017-02; amended 12-20-2017 by Ord. No. 2017-36]
This chapter shall be known and may be cited as "The Land Subdivision
and Site Plan Regulations of the Borough of Woodland Park."
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the municipality in order
to promote the public health, safety, convenience and general welfare
of the municipality. It shall be administered to ensure the orderly
growth and development, the conservation, protection and proper use
of land and adequate provision for circulation, utilities, and services.
The approval provisions of this chapter shall be administered
by the governing body after referral by the Planning Board in accordance
with N.J.S.A. 40:55D-26.
As used in this chapter:
Shall mean the lands required for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage in accordance
with N.J.S.A. 58:1.
Shall mean the final map of all or a portion of the subdivision
which is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper county recording officer.
Shall mean a parcel or portion of land separated from other
parcels or portions by description as on a subdivision or record of
survey map or by metes and bounds for purpose of sale, lease or separate
use.
shall mean all subdivisions not classified as minor subdivisions.
shall mean a composite of the mapped and written proposals
recommending the physical development of the Borough which shall have
been duly adopted by the Planning Board.
shall mean any subdivision containing not more than three
(3) lots fronting on an existing minor street, not involving any new
street or road or the extension of municipal facilities and not adversely
affecting the development of the remainder of the parcel or adjoining
property and not in conflict with any provision or portion of the
master plan, official map, zoning chapter or this chapter.
shall mean a map adopted in accordance with the Official
Map and Building Permit Act, Chapter 434 of the Laws of 1953, or any
prior act authorizing such adoption. Such a map shall be deemed to
be conclusive with respect to the location and width of the streets,
public parks and playgrounds, and drainage right-of-way shown thereon.
shall mean any individual, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in the land sought to be subdivided to commence and maintain proceedings
to subdivide the same under this chapter.
shall mean any security which may be accepted in lieu of
a requirement that certain improvements be made before the Planning
Board or other approving body approves a plat, including performance
bonds, escrow agreements, and other similar collateral or surety agreements.
shall mean the map of a subdivision.
shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the Municipal Clerk for Planning Board consideration and tentative approval and meeting the requirements of Section 33-6 of this chapter.
shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Section 33-6 of this chapter.
shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing State, County or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action or a street
or way on a plat duly filed and recorded in the office of the County
Recording Officer prior to the appointment of a Planning Board and
the grant to such Board of the power to review plats, and includes
the land between the street lines whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines. For the purpose of
this chapter streets shall be classified as follows:
Arterial streets are those which are used primarily for fast
or heavy traffic.
Collector streets are those which carry traffic from minor streets
to the major system of arterial streets including the principal entrance
streets of a residential development and streets for circulation within
such a development.
Minor streets are those which are used primarily for access
to the abutting properties.
Marginal access streets are streets which are parallel to and
adjacent to arterial streets and highways; and which provide access
to abutting properties and protection from through traffic.
Alleys are minor ways which are used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street.
shall mean any individual, firm, association, syndicate,
copartnership, corporation, trust or any other legal entity commencing
proceedings under this chapter to effect a subdivision of land hereunder
for himself or for another.
shall mean the division of a lot, tract, or parcel of land
into two (2) or more lots, sites or other divisions of land for the
purpose, whether immediate or future, of sale or building development;
except that the following divisions shall not be considered subdivisions
provided that no new streets or roads are involved: divisions of land
for agricultural purposes where the resulting parcels are three (3)
acres or larger in size, divisions of property by testamentary or
intestate provisions, or divisions of property upon court order. Subdivision
also includes resubdivision, and where appropriate to the context,
relates to the process of subdividing or to the lands or territory
divided.
shall mean a Committee of at least three (3) Planning Board
members appointed by the Chairman of the Board for the purpose of
classifying subdivisions in accordance with the provisions of this
chapter, and such other duties relating to Land Subdivision which
may be conferred on this Committee by the Board.
a.
Purpose. Such regulations are deemed necessary to achieve the following
purposes.
1.
Promote orderly development: to protect the character and to maintain
the stability of all areas within the community and to promote the
orderly and beneficial development of such areas.
2.
Promulgate rules and regulations: to provide rules, regulations and
procedures, where applicable and to the extent the same have not been
otherwise promulgated by ordinance in the Borough of Woodland Park,
which will guide the appropriate development of lands within the Borough
in a manner which will promote the public health, safety, morals and
general welfare.
3.
To protect against hazards and danger: to secure safety from fire,
flood, panic and other natural and man-made disasters.
4.
Design standards: to encourage the design and location of streets
which will promote the free flow of traffic while discouraging the
location of such facilities and routes which will result in congestion.
5.
Creative development techniques: to promote a desirable physical
environment through creative development techniques, design and arrangement.
6.
Open spaces: to promote the conservation of open space and to protect
the natural resources and to prevent overcrowding through improper
land use.
b.
Exceptions to design and performance standards. The approving authority,
when acting upon applications, shall have the power to grant such
exceptions from the subdivision and site plan requirements of this
chapter as may be reasonable and within the general purpose and intent
of the provisions for subdivisions, plat, site plan review and approval,
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to land in question.
c.
Submission of concept plan for informal review.
1.
An informal review of a concept plan is optional. At the request
of the developer, the Planning Board shall grant an informal review
of a concept plan for a development for which the developer intends
to prepare and submit an application for development. The purpose
will be to review concepts to assist the applicant in the preparation
of subsequent plans. Other than classification, no decisions will
be made, no hearings held and no formal action taken. Neither the
developer nor the approving authority shall be bound by this informal
review.
2.
Filing procedure and information for concept review.
(a)
The developer shall file with the secretary, at least fifteen
(15) days prior to the meeting of the approving authority, sixteen
(16) copies of the concept plan and five (5) copies of the completed
application form.
(b)
The concept plan is considered a sketch or general plan neither
fully engineered nor surveyed, but should be sufficiently detailed
to allow the Planning Board to make suggestions on general site design
and layout for circulation, stormwater management, location of open
space and buffers and building arrangements and to determine how the
Land Use Code and ordinances affects the proposal.
Preliminary plats are required for all site plans and subdivisions.
a.
Filing procedure.
1.
The following must be submitted to the office of the Zoning Officer:
sixteen (16) copies of the application, all plot plans, maps and other
papers required by virtue of any provision of this chapter, as well
as the applicable fee and certification by the Tax Collector that
all taxes are paid to date. The applicant must include envelopes addressed
to the Board professionals, experts and Board members in order to
expedite the mailings.
2.
A corporation or partnership applying for permission to subdivide
a parcel of land or for a site plan or variances shall list the names
and addresses of all stockholders or individual partners owning at
least ten (10%) percent of its stock of any class or at least ten
(10%) percent of the interest in the partnership, as the case may
be. If a corporation or partnership owns ten (10%) percent or more
of the stock of a corporation, or a ten-percent or greater interest
in a partnership, subject to the above disclosure, that corporation
or partnership shall list the names and addresses of its stockholders
holding ten (10%) percent or more of its stock or a ten-percent or
greater interest in the partnership, as the case may be, and this
requirement shall be followed by every corporate stockholder or partner
in a partnership until the names and addresses of the non-corporate
stockholders and individual partners exceeding the ten-percent ownership
criterion established in this subsection have been listed. No Planning
Board, Board of Adjustment or municipal governing body shall approve
the application of any corporation or partnership which does not comply
with this requirement of N.J.S.A. 40:55D-48.1. The penalty for concealment
by a corporation or a partnership shall be as outlined in N.J.S.A.
40:55D-48.1.
b.
Action by approving authority.
1.
The approving authority shall review the submission for its completeness
and take action on accepting or rejecting the submission as a complete
application. If rejected, the applicant shall be notified, in writing,
within forty-five (45) days of submission, including escrows.
2.
Public hearing. If accepted as an application, a public hearing date
shall be set by the approving authority and notice given.
3.
Upon submission of an application, the administrative officer shall
submit one copy of the plat and supporting data to the Board professionals
for review and action. Each shall have not more than thirty (30) days
from receipt of the plan to report to the approving authority. In
the event of a recommendation of disapproval, such report shall state
the reasons therefor.
4.
The approving authority shall grant or deny preliminary subdivision
approval within the following time periods unless some further time
has been consented to by the developer. Otherwise, the approving authority
shall be deemed to have granted preliminary approval of the subdivision.
5.
The approving authority shall grant or deny preliminary site plan
approval within the following time periods unless some further time
has been consented to by the developer. Otherwise, the approving authority
shall be deemed to have granted preliminary approval of the site plan.
6.
If the approving authority required any substantial amendment in
the layout of improvements in either a site plan or subdivision, and
that plan had been the subject of a hearing, an amended application
shall be submitted and proceeded upon as in the case of the original
application for development. The approving authority shall, if the
proposed development complies with this chapter, grant preliminary
approval.
7.
The approving authority may approve, disapprove or approve with conditions
the application. The decision shall be in writing and shall be sent
to the applicant and the newspaper as within 10 days of any decision.
If the approving authority grants preliminary approval, its chairman
and secretary, or the vice chairman or assistant secretary in their
absence, respectively, and the Municipal Engineer shall sign each
page of the plat indicating the approval. If the plat is conditionally
approved, it shall not be signed until all conditions are corrected
on the plat. If the corrections are not completed within ninety (90)
days of the conditional approval, the conditional approval shall lapse,
unless the applicant requests an extension.
8.
Preliminary approval shall confer upon the applicant the following
rights for a three (3) year period from the date of the preliminary
approval; otherwise the approval shall be void:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions; off-tract improvements; and any requirements
peculiar to site plan approval, except that nothing herein shall be
construed to prevent the Borough from modifying, by ordinance, such
general terms and conditions of preliminary approval as relate to
public health and safety.
(b)
That the applicant may submit for final approval on or before
the expiration date of preliminary approval the whole or a section
or sections of the preliminary plat.
(c)
That the applicant may apply for, and the approving authority
may grant, extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two (2) years.
9.
In the case of a development for an area of fifty (50) acres or more, the approving authority may grant the rights referred to in subsection 33-5.2b8(b) and (c) above for such period of time longer than three (3) years as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.
a.
Filing procedure.
1.
Prior to the expiration of preliminary plat approval, the developer
shall file with the Zoning Officer, at least fifteen (15) days prior
to the meeting of the approving authority, two Mylar copies; nine
black-on-white paper prints of the plat; two completed copies of the
application form and final plat checklist; the performance guaranty
approved by the governing body, including off-tract improvements,
if any; any maintenance guaranties; the applicable fee; certification
by the Tax Collector that all taxes are paid to date; certification
by the Soil Conservation District pursuant to the Soil Erosion and
Sediment Control Act, Chapter 251 of the Laws of 1975 (N.J.S.A. 4-24-39
et seq.) and, if common open space lot or lots are included in the
application, and a separate map showing the individual lot or lots
that are to be designated as common open space.
2.
Where utility services are to be extended to the development, the
final plat shall be accompanied by letters directed to the chairman
of the approving authority and signed by a responsible officer of
the water company, sewer authority and utility which provides gas,
telephone and electricity that has jurisdiction in the area. Such
letters shall approve each proposed utility installation design and
state who will construct the facility.
3.
The final plat shall be accompanied by a statement by the Municipal
Engineer that he is in receipt of a map showing all utilities and
other improvements (both in the development and off-tract improvements)
in exact location and elevation; that he has examined the street drainage,
erosion, stormwater control, excavation, and grading plans and found
that the interests of the Borough and of nearby properties are fully
protected and identifying those portions of any improvements already
installed; and that the developer has either:
b.
Action by approving authority of final subdivision plat.
1.
The approving authority shall review the submission for its completeness
and take action on accepting or rejecting the submission as a complete
application. If rejected, the applicant shall be notified within 45
days of submission. If accepted as a complete application, the approving
authority shall grant final approval if the detailed drawings, specifications
and estimates conform to the standards established by this chapter,
the conditions of previous reviews, the changes and/or conditions
of previous reviews, the changes and/or conditions required on the
informal plat in cases where there has been no preliminary plat, and
the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9
et seq. In the case of a minor or exempt subdivision or minor or exempt
site plan where there has been no previous submission of an informal
or preliminary plat, the approving authority may waive the required
notices and hearing. In the case of a planned development, the approving
authority may permit minimal deviations from the conditions of preliminary
plat approval necessitated by a change of conditions beyond the control
of the developer since the date of preliminary approval. Minimal deviations
shall not require the developer to submit another application for
preliminary approval.
2.
Final approval shall be granted or denied within forty-five (45)
days after submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. An approved final plat shall be signed by the chairman
and secretary of the approving authority, or the vice chairman or
assistant secretary in their absence, respectively. Failure of the
approving authority to act within the period prescribed shall constitute
final approval, and a certificate of the Zoning Officer as to the
failure of the approving authority to act shall be issued on request
of the applicant. Such certificate shall be sufficient in lieu of
the written endorsement or other evidence of approval herein required
and shall be so accepted by the County Recording Officer for purposes
of filing subdivision plats.
3.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the approving
authority shall condition any approval that it grants upon timely
receipt of a favorable report from the County Planning Board or upon
its failure to submit a report within the required time period.
4.
Final approval of a minor subdivision shall expire one hundred ninety
(190) days from the date of municipal approval unless a plat in conformity
with such approval, including any conditions imposed by the approving
authority, and in conformity with the provisions of the Map Filing
Law (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the
approved minor subdivision is filed by the developer with the County
Recording Officer, the Municipal Engineer and the Borough Tax Assessor.
Such plat or deed accepted for such filing shall have been signed
by the chairman and secretary of the approving authority or the vice
chairman or assistant secretary in their absence, respectively. In
reviewing the application for development for a proposed minor subdivision,
the approving authority may accept a plat not in conformity with the
Map Filing Law, provided that, if the developer chooses to file the
minor subdivision by plat rather than deed, such plat shall conform
to the provisions of said law.
5.
Final approval of a major subdivision shall expire ninety-five (95)
days from the date of signing of the plat unless within such a period
the plat shall have been duly filed by the developer with the County
Recording Officer. The approving authority may for good cause shown
extend the period for recording for an additional period not to exceed
one hundred ninety (190) days from the date of the signing of the
plat. No subdivision plat shall be accepted for filing by the County
Recording Officer until it has been approved by the approving authority
as indicated on the instrument by the signature of the chairman and
secretary of the approving authority, or the vice chairman or assistant
secretary in their absence, respectively, or a certificate has been
issued as to the failure of the approving authority to act within
the required time. The signatures of the chairman and secretary shall
not be affixed until the developer has posted the required guaranties.
If the County Recording Officer records any plat without such approval,
such recording shall be deemed null and void, and, upon request of
the municipality, the plat shall be expunged from the official records.
It shall be the duty of the County Recording Officer to notify the
Planning Board, in writing, within seven (7) days of the filing of
any plat, identifying such instrument by its title, date of filing
and official number.
6.
Provided that the approved final subdivision plat has been filed
with the County Recording Officer, the zoning requirements applicable
to the preliminary approval first granted to a site plan or a major
subdivision and all other rights conferred upon the developer pursuant
to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), whether
conditionally or otherwise, shall not be changed for a period of two
(2) 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 (3) extensions. Upon granting of final approval,
the rights conferred upon the applicant by the granting of preliminary
approval shall be terminated upon final approval.
7.
Provided that the approved final plat of a minor subdivision has
been filed with the County Recording Officer, the zoning requirements
and general terms and conditions, whether conditional or otherwise,
upon which minor subdivision approval was granted shall not be changed
for a period of two (2) years after the date of minor subdivision
approval.
8.
In the case of a subdivision or site plan for a planned development
of fifty (50) acres or more or a conventional subdivision or site
plan of 150 acres or more, the approving authority may grant the rights
referred to in subsection 33-5.3b6 and b7 above for such period of
time longer than two (2) years, as shall be determined by the approving
authority to be reasonable, taking into consideration the number of
dwelling units and nonresidential floor area permissible under final
approval, economic conditions and the comprehensiveness of the development.
The developer may apply for and the approving authority may thereafter
grant an extension of final approval for such additional period of
time as shall be determined by the approving authority to be reasonable
taking into consideration the number of dwelling units and nonresidential
floor area permissible under final approval, the number of dwelling
units and nonresidential floor area remaining to be developed, economic
conditions and the comprehensiveness of the development.
9.
The developer shall supply sufficient copies of the approved final
plat so the administrative officer can distribute one (1) copy to
each of the following: Borough Clerk, Construction Official, Tax Assessor,
County Planning Board, Borough Planning Board and any other agency
or person directed by the approving authority and shall supply one
(1) translucent cloth or Mylar copy to the Municipal Engineer.
a.
Filing procedure.
1.
The site plan and an application for final approval shall be submitted
to the Zoning Officer with the required fee. If there have been no
changes in the approved preliminary site plan, the same plan may be
used in connection with the application for final approval and no
further final plan shall be required for approval. Sixteen (16) white
prints (blue or black-on-white) of the site plan shall accompany the
application. Sixteen (16) completed copies of the application form
and final plat checklist must be submitted along with the prints.
The performance guaranty approved by the governing body, including
off-tract improvements, if any; any maintenance guaranties; the applicable
fee; certification by the Tax Collector that all taxes are paid to
date; certification by the Soil Conservation District pursuant to
the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws
of 1975(N.J.S.A. 4:24-39 et seq.).
2.
Where utility services are to be extended to the development, the
final site plan shall be accompanied by letters directed to the chairman
of the approving authority and signed by a responsible officer of
the water company, sewer authority and utility which provides gas,
telephone and electricity that has jurisdiction in the area. Such
letters shall approve each proposed utility installation design and
state who will construct the facility.
3.
The final site plan shall be accompanied by a statement by the Municipal
Engineer that he is in receipt of a map showing all utilities and
other improvements (both in the development and off-tract improvements)
in exact location and elevation; that he has examined the street drainage,
erosion, stormwater control, excavation, and grading plans and found
that the interests of the Borough and of nearby properties are fully
protected and identifying those portions of any improvements already
installed; and that the developer has either:
b.
Action by approving authority on final site plan.
1.
The approving authority shall review the submission for its completeness
and take action on accepting or rejecting the submission as a complete
application. If rejected, the applicant shall be notified within forty-five
(45) days of submission. If accepted as a complete application, the
approving authority shall grant final approval if the detailed drawings,
specifications and estimates conform to the standards established
by this chapter, the conditions of previous reviews, the changes and/or
conditions of previous reviews, the changes and/or conditions required
on the informal plat in cases where there has been no preliminary
plat and the standards prescribed by the Map Filing Law, N.J.S.A.
46:23-9.9 et seq. In the case of a minor or exempt subdivision or
minor or exempt site plan where there has been no previous submission
of an informal or preliminary plat, the approving authority may waive
the required notices and hearing. In the case of a planned development,
the approving authority may permit minimal deviations from the conditions
of preliminary plat approval necessitated by a change of conditions
beyond the control of the developer since the date of preliminary
approval. Minimal deviations shall not require the developer to submit
another application for preliminary approval.
2.
Final approval shall be granted or denied within forty-five (45)
days after submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. An approved final plat shall be signed by the chairman
and secretary of the approving authority, or the vice chairman or
assistant secretary in their absence, respectively. Failure of the
approving authority to act within the period prescribed shall constitute
final approval, and a certificate of the administrative officer as
to the failure of the approving authority to act shall be issued on
request of the applicant. Such certificate shall be sufficient in
lieu of the written endorsement or other evidence of approval herein
required and shall be so accepted by the County Recording Officer
for purposes of filing subdivision plats.
3.
The zoning requirements applicable to the preliminary approval first
granted to a site plan and all other rights conferred upon the developer
pursuant to the Municipal Land Use Law, whether conditionally or otherwise,
shall not be changed for a period of two (2) 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 (1) year, but not to exceed three
(3) extensions. Upon granting of final approval, the rights conferred
upon the applicant by the granting of preliminary approval shall be
terminated upon final approval.
4.
Upon final approval by the approving board, a copy of the plat shall
be filed with each of the following: the Zoning Officer, Engineer
of the Board, Borough Clerk, Construction Official, Borough Planner,
Tax Assessor and any other agency or person directed by the approving
authority.
a.
Preparation. After installation of the improvements required by this
chapter, the applicant for subdivision or site plan approval shall
cause to be prepared, signed and sealed by a licensed professional
surveyor of the State of New Jersey plans showing the as built location,
of all improvements required by this chapter, including, without intending
to limit the generality hereof, the location of water mains, gas mains,
sanitary sewer mains, and underground supply lines for light, power
and telephone service, septic systems, well heads and package treatment
plans and all of their appurtenances.
The sketch plat shall be based on tax map information or some
other similarly accurate base as a scale (preferably not less than
four hundred (400) feet to the inch) to enable the entire tract to
be shown on one (1) sheet and shall show or include the following
information:
a.
The location of that portion which is to be subdivided in relation
to the entire tract.
b.
All existing structures and wooded areas within the portion to be
subdivided and within two hundred (200) feet thereof.
c.
The name of the owner and of all adjoining property owners as disclosed
by the most recent municipal tax records.
d.
The tax map sheet, block and lot numbers.
e.
All streets or roads and streams within five hundred (500) feet of
the subdivision.
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one (1) inch equals one hundred (100) feet. Preliminary plats shall be designed and drawn by a licensed N.J. land surveyor. The plat shall be designed in compliance with the provisions of Sections 33-8 and 33-9 of this chapter and shall show or be accompanied by the following information:
a.
A key map showing the entire subdivision and its relation to surrounding
areas.
c.
Acreage of tract to be subdivided to nearest tenth of an acre.
d.
Sufficient elevations or contours to determine the general slope
and natural drainage of the land and the high and low points and tentative
cross-sections and center line profiles for all proposed new streets.
e.
The location of existing and proposed property lines, streets, buildings,
water courses, railroads, bridges, culverts, drain pipes, and any
natural features such as wooded areas and rock formations.
f.
Plans of proposed utility layouts (sewers, storm drains, water, gas,
and electricity) showing feasible connections to existing or any proposed
utility systems. When an individual water supply or sewage disposal
system is proposed, the plan for such system must be approved by the
appropriate local, County, or State Health Agency. When a public sewage
disposal system is not available, the developer shall have percolation
tests made and submit the results with the preliminary plat. Any subdivision
or part thereof which does not meet with the established requirements
of this ordinance or other applicable regulations shall not be approved.
Any remedy proposed to overcome such a situation shall first be approved
by the appropriate local, County, or State Health Agency.
g.
A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat.
h.
The purpose of any easement or land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted.
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one (1) inch equals sixty (60) feet and in compliance
with all the provisions of N.J.S.A. 46:26A-1 et seq. The final plat
shall show or be accompanied by the following:
a.
Date, name and location of the subdivision, name of owner, graphic
scale and reference meridian.
b.
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines; with accurate dimensions,
bearings or deflection angles, and radii, arcs, and central angles
of all curves.
c.
The purpose of any easement or land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted.
d.
Each block shall be numbered, and the lots within each block shall
be numbered consecutively beginning with number one.
e.
Minimum required building setback line on all lots and other sites.
f.
Location and description of all required monumentation.
g.
Names of owners of adjoining unsubdivided land.
h.
Certification by engineer or surveyor as to accuracy of details of
plat.
i.
Certification that the applicant is agent or owner of the land, or
that the owner has given consent under an option agreement.
j.
When approval of a plat is required by any officer or body of such
a municipality, County or State, approval shall be certified on the
plat.
k.
Cross sections and profiles of streets, approved by the municipal
engineer may be required to accompany the final plat, with the discretion
of the Planning Board.
l.
Contours at five (5) foot intervals for slopes averaging ten (10%)
percent or greater and two (2) feet intervals for land of lesser slope
indicating the present and proposed contour lines.
m.
Plans and profiles of storm and sanitary sewers and water mains.
n.
Certificate from Tax Collector that all taxes are paid to date.
o.
Any other detail that may be required by the appropriate reviewing
Board.
Prior to the granting of final approval, the subdivider shall
have installed or shall have furnished performance guarantees for
the ultimate installation of the improvements proposed for the project,
including, but not limited to the following:
a.
Site clearing and site grading.
b.
Soil erosion and sediment control.
c.
Streets, curbs and sidewalks.
d.
Street signs.
e.
Street lighting.
f.
Landscaping, including street shade trees.
g.
Monuments, as required by State statute.
h.
Water mains and service connections.
i.
Sanitary sewer mains and service connections.
j.
Storm sewer and detention/retention systems.
k.
Off-site improvements, of whatever nature.
l.
Final restorations and record drawings.
All improvements shall be subject to inspection and approval
by the Municipal Engineer who shall be notified by the developer at
least twenty-four (24) hours prior to the start of construction. No
underground installation shall be covered until inspected and approved.
All work shall be completed in accordance with current Borough design
standards at the time of completion of the improvements.
a.
No final plat shall be approved by the Planning Board until the completion
of all required improvements has been certified to the Planning Board
by the Municipal Engineer, unless the subdivision owner shall have
filed with the municipality a performance guarantee sufficient in
amount to cover the cost of all improvements or uncompleted portions
thereof as estimated by the Municipal Engineer, and assuring the installation
of uncompleted improvements on or before an agreed date. Such performance
guarantee may be in the form of a performance bond which shall be
issued by a bonding or surety company approved by the Governing Body;
a certified check, returnable to the subdivider after full compliance;
or any other type of surety approved by the Municipal Attorney.
b.
The performance guarantee shall be approved by the Municipal Attorney
as to form, sufficiency and execution. A performance guarantee shall
run for a period to be fixed by the Planning Board but, in no case,
for a term of more than three (3) years; however, with the consent
of the owner and the surety, if there be one, the Governing Body may,
by resolution, extend the term of the performance guarantee for an
additional period not to exceed three (3) years. The amount of the
performance guarantee may be reduced by the Governing Body by resolution
when portions of the required improvements have been installed.
c.
If the required improvements have not been installed in accordance
with the performance guarantee, the obligor and surety shall be liable
thereon to the Borough for the reasonable cost of the improvements
not installed and upon receipt of the proceeds thereof the Borough
shall install the improvements.
a.
All developments shall conform to design standards encouraging sound
development patterns within the Borough. Where an Official Map or
Master Plan has been adopted, the development shall conform to same.
b.
Character of land. Lands identified in the Master Plan as critical
areas or having severe or moderate soil characteristics, particularly
as the lands relate to flooding, improper drainage, shallow depth
to water table, steep slopes, rock formations, utility easements or
similar features, shall not be used as buildable areas unless adequate
and acceptable methods meeting the regulations of this chapter and
all other regulations are incorporated.
c.
Applications for residential developments shall comply with the standards
set forth in N.J.A.C. 5:21, Residential Site Improvement Standards.
Nothing in this chapter shall require any changes in a building
permit, site plan or zoning variance which was approved before the
enactment of this chapter, provided that construction shall have been
started within one year from the effective date of this chapter and
the project shall be continuously pursued to completion; otherwise
said approvals and permits shall be void.
Natural features, such as trees, brooks, swamps, hilltops and
views, shall be preserved whenever possible. On individual lots, care
shall be taken to preserve selected trees to enhance soil stability
and the landscape treatment of the area.
a.
Floodplains shall be regulated by the New Jersey Department of Environmental
Protection (NJDEP).
b.
The purposes shall be to:
1.
Prevent the encroachment of development into flood hazard areas in
order to protect human life and health.
2.
Implement the rules and regulations of the New Jersey Department
of Environmental Protection.
3.
Guide construction, regrading and other encroachments that might
otherwise occur in flood hazard areas to other locations outside flood
hazard areas through cluster zoning, transfer of development credits
and other planned developments.
4.
Prevent pollution during low- or high-water periods by eliminating
unsanitary or dangerous substances in flood hazard areas.
5.
Minimize public expenditures for flood control projects, repairs
to public facilities and utility services and rescue and relief efforts.
6.
Minimize disruption in homes, businesses and places of employment.
7.
Give better assurance that buyers are notified of the limits of properties
in a flood hazard area and that those who occupy properties in these
areas assume responsibility for their actions.
All streets shall be designed to accommodate storm drainage
along streets, including the installation of drainage inlets and pipes.
Any storm water collection system shall be adequate to handle all
water which originates within the development and from off-site contributory
areas, calculated on the basis of maximum potential development as
permitted under this chapter. No water shall be diverted as to overload
existing drainage structures on other lands without proper and approved
provisions being made for taking care of these conditions, including
off-tract improvements.
a.
A twenty-five-year (25) storm curve shall be used in computing stormwater
runoff.
b.
The pipe size shall be determined by acceptable drainage design procedures
but shall not be less than fifteen (15) inches in diameter.
c.
Drainage inlets shall be located at intervals of not more than four
hundred (400) feet or such shorter distances as required to prevent
the flow of surface water from exceeding six cubic feet per second
at the drainage inlet. Access manholes shall be placed at maximum
five-hundred-foot intervals throughout the system and at pipe junctions.
d.
Storm drain pipes running longitudinally along streets shall not
be located under curbing.
e.
Storm drain pipes shall be the size specified and laid to the exact
lines and grades approved by the Municipal Engineer. Specifications
for manholes, inlets and storm drains shall follow NJDOT design standards,
as amended.
f.
Grading shall direct drainage away from all buildings, prevent the
collection of stormwater in pools and avoid the concentration of stormwater
from one lot to another.
g.
Where any development is traversed by a watercourse or drainage channel,
a drainage right-of-way easement shall be provided and dedicated to
the Borough of sufficient width to accommodate expected stormwater
runoff in the future based upon reasonable growth potential in the
Borough. A minimum of fifteen (15) feet beyond the bank top on at
least one side shall be provided for access to the drainage right-of-way.
h.
Where storm drain pipes are installed outside of streets, easements
or rights-of-way shall be required at widths to be determined by the
Borough Engineer to provide adequate access for maintenance and repair
purposes.
a.
Easements shall be alongside and/or rear property lines where possible
and shall not be less than fifteen (15) feet wide.
b.
All easements shall be dimensioned on the plat and shall be identified
as follows: "(insert purpose of easement) easement granted to the
Borough of Woodland Park as provided for in the Woodland Park Land
Use and Development Regulations Ordinances."
Sidewalks shall be required to be installed along all public
streets and rights-of-way, private access drives and roads and at
such other locations as may be determined by the approving authority
to be in the interest of public safety considering the probable volume
of pedestrian traffic, school bus stops, and the development's
location in relation to other populated areas and the general type
of improvement intended. Sidewalks shall be required to be at least
four (4) feet wide and located as determined by the approving authority.
Sidewalks shall be placed upon a compacted subgrade overlaid with
at least four (4) inches of porous material such as sand or gravel.
Concrete sidewalks shall be at least six (6) inches thick, of Class
B concrete having a twenty-eight-day compressive strength of 4,000
pounds per square inch, and shall be air-entrained. Blacktop or sidewalks
of other approved materials shall be constructed as approved by the
approving authority upon the advice of the Borough Engineer. Where
sidewalks cross curbs, curb ramps shall be provided. Preformed expansion
joint material shall be placed at twenty-foot (20) maximum intervals
where sidewalks abut curbing or a structure.
Granite (belgian) block or concrete curb shall be installed
along all streets, driveways and parking areas in according to the
following standards:
a.
Construction of all curbs shall conform to current NJDOT Standards
and Specifications for Road and Bridge Construction, and supplements
thereto, and shall meet the Borough Engineer's approval. All
concrete to be used shall be Class B, as specified in NJDOT Standards
and Specifications and supplements thereto.
b.
Granite curbs shall have a ten- to twelve-inch (10-12) vertical length.
c.
Curbs shall be set in a Class B concrete base at least six (6) inches
thick in front and rear of the granite block and at least nine (9)
inches thick below the block. The combined block and concrete base
shall have a minimum vertical dimension of eighteen (18) inches.
d.
Curbs shall have a six-inch (6) exposed vertical face above the finished
pavement surface.
e.
The curbing shall be designed to provide barrier-free curb ramps
constructed in accordance with the Public Right-of-Way Accessibility
Guide (PROWAG), as amended.
Sight triangles shall be required at each quadrant of an intersection
of streets and the intersection of streets and driveways. The area
within sight triangles shall be either dedicated as part of the street
right-of-way or maintained as part of a lot adjoining the street and
set aside on any subdivision or site plan as a sight triangle easement.
Within a sight triangle, no grading, planting or structure shall be
erected or maintained more than thirty-six (36) inches above the center
line grade of either intersecting street or driveway or lower than
eight (8) feet above their center lines, excluding street name signs
and official traffic regulation signs. Where any street or driveway
intersection involves earth banks or vegetation, including trees,
the developer shall trim and grade to provide the sight triangle.
The sight triangle is that area outside the right-of-way bounded by
the intersecting street lines and a straight line which connects sight
points located on each of the two (2) intersecting street center lines:
arterial streets at 300 feet, collector streets at 200 feet and local
streets at 90 feet. Where the intersecting streets are both arterial
and collector, two (2) overlapping sight triangles shall be required,
formed by connecting the sight points noted above with a sight point
ninety (90) feet on the intersecting street. Any development requiring
site plan approval shall provide sight triangles at each driveway,
with the driveway classified as a local street for purposes of establishing
distances. The classifications of existing and proposed streets shall
be those shown on the adopted Master Plan or as designated by the
approving authority where a new street is not included on the Master
Plan. A sight triangle easement shall be expressed on the plat as
follows: "Sight triangle easement subject to grading, planting and
construction restrictions as provided for in the Woodland Park Land
Use and Development Regulations Ordinances." Portions of a lot set
aside for the sight triangle may be calculated in determining the
lot area and minimum setbacks required by the zoning provisions.
a.
Wherever a central water supply system exists, provision shall be
made of fire hydrants along streets and/or on the walls of nonresidential
buildings as approved by the servicing Fire Department, Municipal
Engineer, and/or any other agency having jurisdiction, to provide
necessary fire flow, in accordance with applicable regulations. The
midpoint of all lots served by a central water supply shall be within
400 feet of a functioning fire hydrant. Hydrants shall have fire hose
connections conforming to the fire company equipment with no less
than two two-and-five-tenths-inch hydrant discharges. Hydrants shall
be set plumb with discharges eighteen (18) inches above grade. The
system shall be pressure-tested and flow-tested to assure its capability
of sustaining the required pressure at each hydrant.
b.
Where streams or ponds exist on the site or are proposed, and there
is no central water supply, easements and facilities shall be provided
to draft water for fire-fighting purposes, including access suitable
for fire-fighting equipment, designed and constructed in accordance
with the Insurance Services Office of New Jersey.
a.
Shade trees shall be provided in all site plans where deemed appropriate
by the Planning Board. All shade trees shall have a minimum diameter
of 2.5 inches measured three (3) feet above the ground and shall be
of a species approved by the approving authority. Trees shall be planted
40 to 60 feet apart and parallel to, but no more than 20 feet from,
the curbline and shall be balled and burlapped, nursery-grown, free
from insects and disease and true species and variety. Stripping trees
from a lot or grading around trees on a lot shall not be permitted
unless it can be shown that grading requirements necessitate removal
of trees, in which case those lots shall be replanted with trees to
reestablish the character of the area and to conform to adjacent lots.
Dead or dying trees shall be replaced by the developer during the
next recommended planting season. Parking lots shall be planted as
required.
b.
A landscape plan prepared by a certified landscape architect, certified
by the New Jersey Board of Landscape Architects or other qualified
individual, shall be submitted with each site plan application. Landscaping
shall be provided to promote a desirable visual environment, screen
parking and loading areas, screen waste collection, to provide windbreaks
for winter winds and summer cooling for buildings, streets and parking
and to mitigate adverse visual impacts.
c.
Landscaped areas located within 50 feet of a street right-of-way
shall consist of a mix of shade trees, vegetative ground covers, including
both perennials and annuals, shrubs and turf. Installed landscape
ground cover materials such as stones, pebbles, and other nonorganic
materials shall not be permitted. These requirements apply to all
properties with 100 feet or more of street frontage. Irrigation systems
for the landscaped areas are required to be installed to ensure the
continued viability of the plantings.
a.
A lighting plan prepared by a qualified individual shall be provided
with site plan applications.
b.
The intensity, shielding, direction and reflecting of lighting shall
be subject to site plan approval by the approving authority.
c.
All parking areas, walkways, building entrances, loading areas and
driveways required for nonresidential or multifamily uses shall be
adequately illuminated during the hours of operation which occur after
sunset. Any adjacent residential zone or use shall be shielded from
the glare of illumination from site lighting and automobile headlights.
d.
The light intensity at ground level for parking areas, walkways,
building entrances, loading areas and driveways required for nonresidential
or multifamily uses shall average 0.5 footcandles; however, variations
are permitted by the approving authority depending upon the intensity
of the use. The light intensity shall not exceed 0 footcandles along
any property line and shall be so arranged and shielded to reflect
the light away from adjoining streets or properties.
e.
Manufacturer's lighting detail and specifications, including
footcandles distributions, shall be provided. All lights shall be
concealed-source non-glare lighting and shall be focused downward
so that the direct source of light is not visible from adjoining streets
or properties. The minimum footcandle in the areas used by the public
shall be 0.5; the maximum footcandle is 1.0.
f.
The mounting height of lighting fixtures shall be not more than 20
feet or the height of the building, whichever is less, measured from
the ground level to the center line of the light source.
g.
Shade trees shall be planted a minimum of 10 feet from any freestanding
light fixture.
h.
No lighting source shall be visible from windows, streets and driveways,
nor shall lighting shine directly into or reflect into windows or
onto streets and driveways to interfere with driver vision.
i.
No lighting shall be of a rotating, pulsating or other intermittent
frequency.
a.
Natural Features. Natural features, such as trees, brooks, hilltops,
etc. shall be preserved whenever possible. On individual lots, care
shall be taken to preserve selected trees to enhance soil stability
and the landscape treatment of the area.
b.
Use of Renewable Energy Sources. Use of renewable energy sources is endorsed through this chapter. Regulations regarding use of renewable energy sources are found in Section 22-25, Solar Energy Systems or green building materials as referenced in the Schedule of Bulk Zoning Requirements under the Central Business District (CBD) of the Zoning Ordinance of the Borough.
Before final approval, the approving authority may require the
payment of the developer's pro rata share of the following off-site
and off-tract improvements, including, but not limited to: street
improvements, water system, sanitary sewerage, drainage facilities
and easements therefore.
a.
Essential off-site and off-tract improvements may be required to
be installed or a performance guaranty furnished in lieu thereof,
with the total cost borne by the developer.
1.
Where a development has no direct access to an improved street or
public or private central water supply or central sanitary sewer and
does not qualify for individual sewage disposal systems, the approving
authority may nevertheless grant final approval if the developer shall
acquire and improve such street between the development and an existing
improved street and, in the case of water/sewer system(s), if the
developer shall acquire and improve such water and sanitary sewer
connections between the development and existing facilities as approved
by the approving authority, governing body and serving utility company.
2.
Where drainage waters are diverted from the development into other
drainage systems or onto other lands or streets and they are not adequate
to accommodate the additional waters, the approving authority may
grant final approval if the developer shall acquire, improve and dedicate
to the Borough such enlarged, additional or new drainage facilities
as approved by the approving authority and governing body.
3.
Such off-site and off-tract improvements shall be subject to all
applicable design standards. In lieu of the developer performing such
off-site and off-tract work, the developer may request and the governing
body may enter into an agreement for such work to be performed by
the Borough or its contractors at the cost of the developer.
4.
Where the approving authority determines that off-site and off-tract
improvements are essential to the development and the developer does
not consent to the improvements, the application shall be denied,
without prejudice, to a future application at such time as the conditions
no longer apply.
b.
Advisable off-site and off-tract improvements. Where the approving
authority determines that off-site and off-tract improvements would
be advisable, although not essential, and the improvements would promote
the objectives of this chapter and can be most appropriately accomplished
in connection with the development, and particularly where the off-site
and off-tract improvements would be required to be made as a local
improvement by the Borough with the costs thereof to be assessed against
all properties specially benefited thereby, including the property
of the developer, the following provisions shall apply:
1.
During the processing of the application, the approving authority
shall refer its recommendations for off-site and off-tract improvements
to the governing body.
2.
If the governing body concurs, the Municipal Engineer or other authority
retained by the Borough shall determine the nature of the off-site
and off-tract improvements, including:
3.
The Municipal Engineer or other authority shall estimate and report
the costs of such work, including all costs to be in any local improvement
ordinance and those to be assessed to the developer, and including
costs for construction, engineering, any easement or right-of-way
acquisition, legal work, advertising, contingencies, bonding and assessments.
4.
Based upon the above report and the recommendations of the approving
authority, the governing body shall determine whether to undertake
such off-site and off-tract improvements as a local improvement.
5.
If the governing body will not adopt such ordinance, the final development
shall be designed accordingly, and the approving authority shall proceed
on that basis.
6.
If the determination shall be to adopt such local improvements ordinance,
the governing body shall proceed in the following manner:
(a)
If sufficient funds are available for the initial appropriation,
the governing body may appropriate such funds and adopt such ordinance.
All subsequent proceedings for the making and assessment of the cost
of the off-site and off-tract improvements shall be in accordance
with such ordinance.
(b)
If sufficient funds are not available for the initial appropriation,
the governing body may determine the anticipated amount that the lands
of the applicant would be expected to be assessed.
(1)
The amount determined by the governing body shall then be deposited
by the applicant with the Borough Treasurer prior to final approval
and prior to introduction of such local improvement ordinance.
(2)
Such deposit shall be made concurrent with an agreement between
the applicant and the Borough concerning the uses of the deposit,
which shall include the following stipulations: that said funds shall
be used by the Borough solely for the construction of such off-site
and off-tract improvements as specified in said agreement and for
the other expenses incidental thereto and the acquisition of any easements
or rights-of-way in connection therewith; that such deposit may be
appropriated by the Borough, with other funds of the Borough, toward
the accomplishment of such purposes and may be co-mingled with other
appropriated funds and expended by the Borough within a specified
time agreed upon by the applicant, said funds shall be returned to
the applicant; that, upon completion of the work by the Borough or
its contractors, the properties specially benefitted by such improvements
shall be assessed as provided by law, including the property of applicant;
and that the applicant's deposit shall be credited against the
assessment made upon the applicant's property, whether or not
the applicant is then the owner thereof, and if such deposit was less
than the amount ultimately assessed against such property, then the
owner(s) of said property shall pay the difference between the deposit
and the amount assessed, and the excess shall be refunded to the applicant
without interest.
(3)
Where said off-site and off-tract improvements are found by
the approving authority to be advisable and important to the sound
development of the site, although the off-site and off-tract improvements
may not be found to be the type of essential off-site and off-tract
improvements as defined above, but the developer is unwilling to make
such deposit as specified above, then there shall be no final approval
until funds become available for the initial appropriation required
to adopt the local improvement ordinance.
7.
The determination of the governing body whether or not to proceed
toward the adoption of a local improvement ordinance shall be made
within thirty (30) days after the referral by the approving authority
unless such time shall be extended with the consent of the applicant.
If the determination is not made within the designated period, the
approving authority may proceed as if the governing body had determined
that it would not adopt such local improvement ordinance.
All public services shall be connected to approved public utilities
systems where they exist.
a.
The distribution supply lines and service connections shall be installed
underground, except that lots which abut streets with existing overhead
electric or telephone distribution supply lines and service connections
may be supplied with electric and telephone service from those overhead
lines, but the service connections shall be installed underground.
In the case of existing overhead utilities, should a road widening
or an extension of service or other such condition occur as a result
of the development and necessitate the replacement, relocation or
extension of such utilities, such replacement, relocation or extension
shall be underground.
b.
The developer shall submit to the approving authority, prior to final
approval, a written instrument from each serving utility indicating
full compliance or intended full compliance with the provisions of
this section.
c.
Where natural foliage is not sufficient to provide year-round screening
of any utility apparatus appearing above the surface of the ground,
other than utility poles, the applicant shall provide sufficient live
screening to conceal such apparatus year round.
d.
On any lot where soil conditions, rock formations, woods or other
special conditions exist and the applicant deems it a hardship to
comply with the provisions of this section, the applicant may apply
to the approving authority for an exception from the terms of this
section. Where overhead lines are permitted as the exception, the
alignments and pole locations shall be routed to avoid locations along
horizons, avoid the clearing of swaths through treed areas by selective
cutting and a staggered alignment, by planting trees in open areas
at key locations to minimize the views of the poles and alignments,
by following rear lot lines and other interior locations, and similar
design and location considerations to lessen the visual impact of
overhead. The Borough shall make the determination as to the location
of utility poles.
All development applications shall comply with the regulations
set forth in The Standards for Soil Erosion and Sediment Control in
New Jersey, current edition, as amended.
a.
All developments shall comply with Chapter XXIX Stormwater Compliance.
b.
All developments shall incorporate on-site stormwater facilities
that will encourage the recharging of underground aquifers and/or
the reduction of the rate stormwater leaves the site.
c.
For projects not defined as a major project, the Municipal Engineer
shall determine if stormwater management facilities, such as detention
or retention basins, water quality facilities or groundwater recharge
may be required. Where the amount of runoff determined by the Municipal
Engineer is sufficient to justify detention of peak flow, one or more
detention basins shall be required. Each detention basin shall have
a capacity to accept all surface water directed to it from a one-hundred-year
(100) storm event with outlets to permit complete draining of the
maximum capacity of the detention basin in not more than 36 hours.
d.
Developments may incorporate other on-site stormwater detention or
impoundment facilities in the following manner:
e.
Stormwater management plans shall be designed and prepared in accordance
with the latest NJDEP guidelines for stormwater management.
All development applications subject to the provisions of Chapter
XXIX, Stormwater Compliance, of the Code of the Borough of Woodland
Park, including, but not limited to, single- and two-family residential
development and development that will ultimately disturb one (1) or
more acres of land, shall comply with all stormwater runoff requirements
and all other regulations contained in Chapter XXIX therein.
Topsoil available at the site and moved during the course of
construction shall be redistributed to all areas uncovered in the
course of construction. Whenever sufficient topsoil is not available
at the site, additional topsoil shall be obtained and distributed
in such a manner as to provide a cover of at least six (6) inches
of topsoil or other approved cover to prevent soil erosion on the
areas uncovered during the course of construction or excavation. No
topsoil shall be removed from the site of the development or used
as spoil.
a.
Where water is accessible from a servicing utility, the developer
shall arrange for the construction of water mains in such a manner
as to make adequate water service available to each lot, dwelling
unit or use. The system shall be designed with adequate capacity and
sustained pressure for present and probable future development. Such
potable water system shall be designed in accordance with the requirements
and standards of the Borough and/or state agency having jurisdiction.
b.
Where public water is not available, potable water supply shall be
provided to each lot or dwelling unit by wells from groundwater supply.
c.
Where water distribution systems are installed outside streets, easements
or rights-of-way shall be required.
d.
Where no municipal consent for a public utility franchise for water
has been granted, upon completion of the water plant and distribution
system these public facilities shall, at the option of the Borough,
be transferred to the Borough.
a.
There shall be included in any development that requires subdivision
or site plan approval an indoor or outdoor recycling area for the
collection and storage of residentially generated recyclable materials.
The dimensions of the recycling area shall be sufficient to accommodate
recycling bins or containers which are of adequate size and number
and which are consistent with anticipated usage and with current methods
of collection in the area in which the project is located. The dimensions
of the recycling area and the bins or containers shall be determined
in consultation with the municipal recycling coordinator, and shall
be consistent with the district recycling plan adopted pursuant to
Section 3 of the P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), and any
applicable requirements of the Municipal Master Plan adopted pursuant
to Section 26 of P.L. 1987, c. 102.
b.
The recycling area shall be conveniently located for the residential
disposition of source-separated recyclable materials, preferably near,
but clearly separated from, a refuse dumpster.
c.
The recycling area shall be well lit and shall be safely and easily
accessible by recycling personnel and vehicles. Collection vehicles
shall be able to access the recycling area without interference from
parked cars or other obstacles. Reasonable measures shall be taken
to protect the recycling area and the bins or containers placed therein
against theft of recyclable materials, bins or containers.
d.
The recycling area or the bins or containers placed therein shall
be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
e.
Signs clearly identifying the recycling area and the materials accepted
therein shall be posted adjacent to all points of access to the recycling
area. Individual bins or containers shall be equipped with signs indicating
the materials to be placed therein.
f.
A solid masonry enclosure at a height matching the height of any
containers shall be provided around any outdoor recycling area, along
with appropriate landscaping and a self-closing gate.
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof.
The subdivision plat shall conform to design standards that
will encourage good development patterns within the municipality.
Where either or both an official map or master plan has or have been
adopted, the subdivision shall conform to the proposals and conditions
shown thereon. The streets, utility rights-of-way, school sites, public
parks and playgrounds shown on an officially adopted master plan or
official map shall be considered in approval of subdivision plats.
Where no master plan or official map exists, streets and utility rights-of-way
shall be shown on the final plat in accordance with Chapter 217 of
the Laws of 2011, as amended, and shall lend themselves to the harmonious
development of the municipality and enhance the public welfare in
accordance with the following design standards.
a.
The arrangement of streets not shown on the master plan or official
map shall provide for the appropriate extension of existing streets.
b.
Minor streets shall be designed to discourage through traffic.
c.
Subdivisions abutting arterial streets shall provide a marginal service
road or reverse frontage with a buffer strip for planting, or some
other means of separation of through and local traffic as the Planning
Board may determine appropriate.
d.
The public right-of-way width shall be measured from lot line to
lot line and shall not be less than fifty (50) feet.
1.
The right-of-way width for internal roads and alleys in commercial
and industrial development shall be determined on an individual basis,
and shall in all cases be of sufficient width and design to safely
accommodate the maximum traffic, parking and loading needs and maximum
access for fire fighting equipment.
e.
No subdivision showing reserve strips controlling access to streets
shall be approved except where the control and disposal of land comprising
such strips has been placed in the Governing Body under conditions
approved by the Planning Board.
f.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the master plan or official map or the
street width requirements of this chapter shall dedicate additional
width along either one (1) or both sides of the road. If the subdivision
is along one (1) side only, one-half (1/2) of the required extra width
shall be dedicated.
g.
Grades and geometry of streets shall comply with the requirements
of N.J.A.C. 5:21, Residential Site Improvement Standards, as amended.
h.
Street intersections shall comply with the requirements of N.J.A.C.
5:21, Residential Site Improvement Standards, as amended.
i.
Street jogs with center line offsets shall comply with the requirements
of N.J.A.C. 5:21, Residential Site Improvement Standards, as amended.
j.
All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance.
k.
Dead end streets (cul-de-sac) shall not be longer than six hundred
(600) feet and shall provide a turnaround at the end with a radius
of not less than fifty (50) feet and tangent whenever possible to
the right side of the street.
If a dead-end street is of a temporary nature, a similar turn
around shall be provided and provisions made for future extension
of the street and reversion of the excess right-of-way to the adjoining
properties.
l.
No street shall have a name which will duplicate or so nearly duplicate
as to be confused with the names of existing streets. The continuation
of an existing street shall have the same name.
a.
Block length and width or acreage within bounding roads shall accommodate
the size of lots required in the area by Chapter XXII, Zoning, and
to provide for convenient access, circulation control and safety of
street traffic.
b.
In blocks over one thousand (1,000) feet long, pedestrian cross-walks
may be required in locations deemed necessary by the Planning Board.
A walk-way shall be ten (10) feet wide and be straight from street
to street.
c.
For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
a.
Lot dimensions and area shall not be less than the requirements of
the zoning chapter.
b.
Insofar as is practical, side lot lines shall be at right angles
to straight streets, and radial to curved streets.
c.
Each lot must front upon an approved street at least fifty (50) feet
in width except lots fronting on streets described in subsection 33-9.2d1
of this chapter.
d.
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such new right-of-way line, and all setbacks shall
be measured from such line.
e.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions or similar circumstances, the Planning Board may, after
adequate investigation withhold approval of such lots.
a.
In large scale development, easements along rear property lines or
elsewhere for utility installation may be required. Such easements
shall be at least twenty (20) feet wide unless depth of pipe, soil
conditions, or additional utilities require wider, and located in
consultation with the companies or municipal departments concerned.
b.
Where a subdivision is traversed by a watercourse, drainage way channel
or street, there shall be provided a storm water easement or drainage
right-of-way conforming substantially with the lines of such water
course, and such further width or construction, or both, as will be
adequate for the purpose of maintaining stormwater flow as may be
required by the reviewing agency.
c.
Natural features such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision containing
such features.
If, before final approval has been obtained, any person transfers
or sells or agrees to sell, as owner or agent, any land which forms
a part of a subdivision on which, by ordinance, the Planning Board
is required to act, that person shall be subject to the penalty provided
in N.J.S.A. 40:55D-55.
In addition to the foregoing, if the streets in the subdivision
are not such that a structure on the land in the subdivision would
meet requirements for a building permit under Section Three of the
Official Map and Building Permit Act (1953) the Borough may institute
and maintain a civil action:
a.
For injunction relief.
b.
To set aside and invalidate any conveyance made pursuant to such
a contract or sale if the certificate of compliance has not been issued
with Section 24 of Chapter 433 of the Laws of 1953, but only if the
Borough has a Planning Board or a Committee thereof with power to
act and which:
1.
Meets regularly on a monthly or more frequent basis, and
2.
Whose Governing Body has adopted standards and procedures in accordance
with Section 20 of Chapter 433 of the Laws of 1953.
In any 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 subdivider or his assigns
or successors, to secure the return of any deposit made or purchase
price paid, and also a reasonable search fee, survey expense and title
closing expense, if any. Any action must be brought within two (2)
years after the date of the recording of the instrument of transfer,
sale or conveyance of the land, or within six (6) years if unrecorded.
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of Woodland Park. Any action taken by
the Planning Board under the terms of this chapter shall give primary
consideration to the above mentioned matters and to the welfare of
the entire community. However, if the subdivider or his agent can
clearly demonstrate that, because of peculiar conditions pertaining
to his land, the literal enforcement of one (1) or more of these regulations
is impracticable or will exact undue hardship, the Planning Board
may permit a variance or variances as may be reasonable and within
the general purpose and intent of the rules, regulations and standards
established by this chapter.
All fees as hereinafter required shall be payable to the Borough
of Woodland Park, and unless otherwise required herein are to be submitted
to the Secretary of the Planning Board or Board of Adjustment, as
the case may be, at the time of filing any application for development.
All permits, determinations, resolutions or certificates of approval
are subject to the payment of all fees provided for in this section,
and no approvals shall be given by the Planning Board or Board of
Adjustment or any certificates, permits or transcripts issued by designated
personnel until proof has been submitted to them that the requisite
fees have, in fact, been paid to the Borough.
All fees as hereinafter required shall be payable to the Borough
of Woodland Park, and unless otherwise required herein are to be submitted
to the Secretary of the Planning Board or Board of Adjustment, as
the case may be, at the time of filing any application for development.
All permits, determinations, resolutions or certificates of approval
are subject to the payment of all fees provided for in this chapter,
and no approvals shall be given by the Planning Board or Board of
Adjustment or any certificates, permits or transcripts issued by designated
personnel until proof has been submitted to them that the requisite
fees have, in fact, been paid to the Borough.
There is hereby established, in connection with various applications
for development and other matters which are the subjects of this section,
the following schedule of fees which shall be computed and due cumulatively.
[Amended 1-16-2019 by Ord. No. 19-02]
a.
Filing fee. An application to the Planning Board or Zoning Board
of Adjustment for subdivision of land shall be accompanied by a filing
fee which shall be used to defray the administrative costs of processing
the application as follows:
|
Type
|
Fee
|
|---|---|
|
Minor subdivision plan
|
$500 plus $250 per lot
|
|
Major subdivision sketch plat
|
$500
|
|
Major subdivision preliminary plat
|
$1,000 plus $250 per lot for the first 2 lots and $100 for lot
for each additional lot thereafter
|
|
Major subdivision final plat
|
$500 plus $50 per lot
|
b.
Review deposit. In addition to the required filing fees pursuant to Subsection a above, the applicant shall deposit adequate sums to cover the cost of review services provided by the Borough Engineer, Planning Consultant, Attorney and other professionals whose services are deemed necessary in connection with the application by the Borough agency as well as the cost of any stenographic recording, publication or notice. The Borough Treasurer shall place the deposit in a trust account in the name of the applicant and shall charge thereto all disbursements in connection with the costs referred to above. The amount to be deposited at the time application for preliminary site plan approval is filed shall be determined as follows:
|
Type
|
Fee
|
|---|---|
|
Minor subdivision plan
|
$2,000 plus $100 per lot
|
|
Major subdivision sketch plat
|
$20 per lot
|
|
Major subdivision preliminary plat
|
$3,000 plus $200 per lot
|
|
Major subdivision final plat
|
$500 plus $100 per lot
|
1.
Any of the aforesaid deposit remaining in the trust account upon
completion of the application procedure shall be returned to the applicant.
2.
In the event the funds in the trust account become depleted prior
to the completion of the application procedure and additional funds
required for the purpose referred to above, the applicant shall deposit
additional funds.
3.
The Borough agency shall not process and/or take action on the application
unless all fees and deposits required in the manner described above
shall have been paid by the applicant.
[Amended 1-16-2019 by Ord. No. 19-02]
a.
Fees.
|
Type
|
Fee
|
|---|---|
|
Filing fee:
| |
|
Conceptual site plan
|
$500
|
|
Preliminary site plan:
| |
|
Up to 1 acre
|
$1,000
|
|
More than 1 acre
|
$200 per acre over 1 acre
|
|
Final site plan:
| |
|
Up to 1 acre
|
$500
|
|
More than 1 acre
|
$100 per acre
|
|
Additional fees:
| |
|
Preliminary site plan
|
$20 per 100 square feet of proposed building or $25
per dwelling unit
|
|
Final site plan
|
$10 per 100 square feet of proposed building or
$15 per dwelling unit
|
|
For proceedings governed by N.J.S.A. 40:55D-70c:
| |
|
Nonresidential
|
$600
|
|
Residential
|
$400
|
b.
Review deposit. In addition to the required filing fees pursuant to Subsection a above, the applicant shall deposit adequate sums to cover the cost of review services provided by the Borough Engineer, Planning Consultant, Attorney and other professionals whose services are deemed necessary in connection with the application by the Borough agency as well as the cost of any stenographic recording, publication or notice. The Borough Treasurer shall place the deposit in a trust account in the name of the applicant and shall charge thereto all disbursements in connection with the costs referred to above. The amount to be deposited at the time application for preliminary site plan approval is filed shall be determined as follows:
1.
$3,000 for the first 20,000 square feet or fraction thereof, plus
(a)
$500 for each 10,000 square feet or fraction thereof of lot
area over 20,000 square feet, plus
(b)
$500 for first 1,000 square feet of floor area of any new building
or alteration of or addition to an existing building on subject property,
plus
(c)
$100 for each 1,000 square feet or fraction thereof of floor
area over 1,000 square feet.
2.
For purposes of determining the amount of deposit, if only a portion
of property is to be developed and the property can be further subdivided
or developed under the terms of this section, the lot area shall be
construed to be an area which may be subdivided and/or developed under
the terms of this section wherein all proposed buildings and improvements
would meet all required setback, open space, drainage, landscaping
and off-street parking requirements.
(a)
Any of the aforesaid deposit remaining in the trust account
upon completion of the application procedure shall be returned to
the applicant.
(b)
In the event the funds in the trust account should become depleted
prior to the completion of the application procedure and additional
funds required for the purposes referred to above, the applicant shall
deposit sufficient additional funds.
(c)
The Borough agency shall not process and/or take action on the
application unless all fees and deposits required in the manner described
above shall have been paid by the applicant.
[Amended 1-16-2019 by Ord. No. 19-02]
a.
Filing fees.
|
Type
|
Fee
|
|---|---|
|
Conditional use application
|
$500 + escrow
|
|
Zone change
|
$1,200 + $2,500 escrow
|
|
Special meeting
|
$1,500
|
|
Letter of interpretation
|
$25
|
|
Signage
|
$3 per square foot in addition to other fees
|
[Ord. No. 2017-36; amended 1-16-2019 by Ord. No. 19-02]
a.
Filing fee. An application for a variance or appeal to the Board
of Adjustment shall be accompanied by a filing fee due in addition
to any other applicable fees hereunder, which shall be used to defray
the administrative costs of processing the application as follows:
b.
Review deposit. Escrow fees for the Board of Adjustment shall be
a minimum of 2 1/2 times the application fee or as determined
by the Zoning Officer.
[Amended 1-16-2019 by Ord. No. 19-02]
a.
Inspection deposit. The applicant shall deposit, prior to final approval
of a subdivision or site plan, adequate sums to cover the cost of
inspection services provided by the Borough Engineer, Planning Consultant,
and other personnel whose services are deemed necessary in connection
with improvements to be installed for the project. The Borough Treasurer
shall place the deposit in a trust account in the name of the applicant
and shall charge thereto all disbursements in connection with costs
referred to above. The amount of the deposit shall be $500 plus 10%
of the cost of necessary improvements as estimated by the Borough.
1.
Any of the aforesaid deposit remaining in the trust account upon
completion of the application procedure shall be returned to the applicant.
2.
In the event the funds in the trust account should become depleted
prior to the completion of the application procedure and additional
funds required for the purposes referred to above, the applicant shall
deposit sufficient additional funds.
3.
The Borough agency shall not process and/or take action on the application
unless all fees and deposits required in the manner described above
shall have been paid by the applicant.
|
Any applicant who has obtained requisite final site plan approval
from the appropriate local agency prior to the effective date of this
section (December 31, 2004), and who may or will become obligated
to pay the fees set forth in this section, shall be entitled to make
prepayment of the land use fees set forth in this section in the amounts
in effect prior to the effective date of this section. Any prepayment
of fees as permitted by this section shall, however, be conditioned
upon the applicant's full waiver of a refund of any fees paid,
even in the event the applicant does not ultimately incur some or
all of the land use fees applied and paid for.
|
b.
The fee for a construction deposit, certificate of occupancy, sign
permit or permit for the demolition of a building shall be paid to
the Borough of Woodland Park at the time application is made therefor.
