Borough of Bogota, NJ
Bergen County
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Table of Contents
Table of Contents
[1]
Editor's Note: Former sections 21-1 through 21-10, pertaining to zoning, were repealed by Ordinance No. 1007. For zoning regulations, see Chapter XXIA.
[Ord. #877, S1101; Ord. #1007; amended by Ord. No. 11-2]
When approval of the Planning Board/Zoning Board of Adjustment is sought or required pursuant to this chapter prior to the subdivision of land or the issuance of a building permit or certificate of occupancy for any development, an application shall be submitted to the Planning Board/Zoning Board of Adjustment in accordance with the requirements of this chapter. In the event the subdivision or site plan application requires action by the Planning Board/Zoning Board of Adjustment as provided in this chapter, said application shall be submitted to and processed by said board which shall act to the same extent and subject to the same restrictions as apply to the Planning Board/Zoning Board of Adjustment set forth in this chapter.
a. 
Twelve (12) copies of the application for subdivision or site plan approval shall be filed with the Planning Board/Zoning Board of Adjustment at least three (3) weeks prior to a regular meeting of the Planning Board/Zoning Board of Adjustment.
b. 
Said application shall be made on forms available from the secretary of the Planning Board/Zoning Board of Adjustment, shall be accompanied by the required filing fee and twelve (12) blue or black on white prints of the subdivision plat or site plan and twelve (12) copies of any other required documents and improvement plans. An application for final subdivision approval shall also be accompanied by the original tracing of the subdivision plat.
In addition, each subdivision application and each site plan application requiring review by the County Planning Board shall be accompanied by one (1) additional print, which shall be submitted by the secretary of the Planning Board/Zoning Board of Adjustment to the County Planning Board.
c. 
The application shall be accompanied by a filing fee as established by this chapter to cover the technical, investigative and administrative expenses involved in processing the application.
d. 
If an application for preliminary site plan or preliminary major subdivision approval is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the board or the board's designee for the determination of completeness within forty-five (45) days of submission of such application shall be deemed to be properly submitted.
[Ord. #877, S1102; Ord. #1007; amended by Ord. No. 11-2]
Upon receipt of an application, the secretary of the Planning Board/Zoning Board of Adjustment shall forward same to the subdivision and site plan committee and in additional shall send copies to such municipal, County, State and Federal officials and agencies as directed by the subdivision and site plan committee.
a. 
The subdivision and site plan committee shall review the application along with reports required from any officials or agencies and shall submit its findings and recommendations to the Planning Board/Zoning Board of Adjustment. For a subdivision application, the committee shall also recommend a classification of the application as a major or minor subdivision.
b. 
The Planning Board/Zoning Board of Adjustment shall grant or deny the application within the time limitations for review prescribed below, which time limitations shall be computed from the date of receipt of a complete application or within such further time as may be consented to by the applicant.
Type of Application
Period of Time for Action
by Planning Board/Zoning Board of Adjustment
(days)
Minor subdivision or resubdivision
45
Preliminary plat — 10 lots or less
45
Preliminary plat — more than 10 lots
95
Preliminary site plan — 10 acres of land or less
45
Preliminary site plan — more than 10 acres of land
95
Final plat
45
Final site plan
45
Failure of the Planning Board/Zoning Board of Adjustment to act within the period prescribed shall constitute approval and a certificate of the secretary of the Planning Board/Zoning Board of Adjustment as to the failure of the Planning Board/Zoning Board of Adjustment to act shall be issued on request of the applicant, which certificate shall be sufficient in lieu of the written endorsement or other evidence of approval as herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
c. 
Whenever review or approval of an application by the County Planning Board is required, the Planning Board/Zoning Board of Adjustment 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.
d. 
Whenever certification by the local soil conservation district of a plan for soil erosion and sediment control is required pursuant to N.J.S.A. 4:24-39 et seq., the Planning Board/Zoning Board of Adjustment shall condition any approval on receipt of such certification.
e. 
If the scheduled time of the Planning Board/Zoning Board of Adjustment meeting allows insufficient time for the board to reach a determination regarding action on an application within the time prescribed in this section, the applicant shall be requested to consent to an extension of time. Failure of the applicant to consent to such extension of time shall constitute adequate ground for denial of the application.
[Ord. #877, S1103; Ord. #1007]
a. 
The Planning Board/Zoning Board of Adjustment, when acting upon application for preliminary site plan approval or preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for site plan or subdivision approval as may be reasonable and within the general purpose and intent of the provisions for site plan or subdivision review, if the literal enforcement of one or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
b. 
The Planning Board/Zoning Board of Adjustment shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board/Zoning Board of Adjustment, or the Planning Board/Zoning Board of Adjustment being required to hold further hearings. The longest time period for action by the Planning Board/Zoning Board of Adjustment, whether it be for subdivision, conditional use, or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
[Amended by Ord. No. 11-2]
[Ord. #877, S1104; Ord. #1007]
At the request of the developer, the Planning Board/Zoning Board of Adjustment 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. No fee shall be required for such an informal review. The concept plan shall contain the data and information required of a minor subdivision plat. However, neither the developer nor the Planning Board/Zoning Board of Adjustment shall be bound by any concept plan for which review is requested or any action taken thereon.
[Ord. #877, S1105; Ord. #1107]
a. 
A corporation or partnership applying to a Planning Board/Zoning Board of Adjustment or to the governing body for permission to subdivide a parcel of land into six (6) or more lots, or applying for a variance to construct a multiple dwelling of twenty-five (25) or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 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.
[Amended by Ord. No. 11-2]
b. 
If a corporation or partnership owns ten (10%) percent or more of the stock of a corporation, or ten (10%) percent or greater interest in a partnership, subject to disclosure pursuant to this subsection, that corporation or partnership shall list the names and addresses of its stockholders holding ten (10%) percent or more of its stock or of ten (10%) 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 address of the noncorporate stockholders and individual partners, exceeding the ten (10%) percent ownership criterion established in this act, have been listed.
c. 
An application that does not comply with this subsection shall be deemed incomplete and shall not be acted upon.
[Ord. #877, S1201; Ord. #1007; Ord. #1401, S9]
No minor subdivision as defined in this chapter shall be performed unless approved by the Planning Board/Zoning Board of Adjustment. An application for approval of a minor subdivision shall be filed in accordance with subsection 21-11.1 above and shall contain all data and information required in subsection 21-14.3.
a. 
If classified and approved as a minor subdivision by the Planning Board/Zoning Board of Adjustment, the chairman and secretary of the Planning Board/Zoning Board of Adjustment shall sign said minor subdivision. Such approval shall be deemed to be final approval. Said minor subdivision, after approval, shall be returned top the subdivider within ten (10) days following the signing of said plat by the chairman and secretary.
b. 
Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of approval unless within such period a plat in conformity with such approval and 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 borough engineer and the borough tax assessor. Any such plat or deed accepted for such filing shall have been signed by the chairman and secretary of the Planning Board/Zoning Board of Adjustment. In reviewing the application for development for a proposed minor subdivision, the Planning Board/Zoning Board of Adjustment may accept a plat not in conformity with the "Map Filing Act," N.J.S.A. 46:23-9.9 et seq.; provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of said Act.
c. 
Whenever a sketch plat of a minor subdivision is submitted for review which fronts on a existing street, three (3) copies of deeds of dedication shall be included in the application to provide sufficient right of way where the existing streets' right of way is less than the minimum requirements of this chapter or the adopted Master Plan. For purposes of this paragraph, the term deed of dedication shall mean a legal instrument evidencing the grant to the borough for public use of a portion of the land to be subdivided. Whenever such land is dedicated in accordance with this subsection, the minimum required lot depth and lot area as required by the zoning shall be reduced by the same dimension and area as dedicated to the borough if the developer has no other adjacent lands to provide the minimum requirements.
d. 
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 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 subsection.
e. 
The Planning Board/Zoning Board of Adjustment may extend the one hundred ninety (190) day period for filing a minor subdivision plat or deed pursuant to paragraph d of this subsection if the developer proves to the reasonable satisfaction of the Planning Board/Zoning Board of Adjustment (1) 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 (2) 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 Planning Board/Zoning Board of Adjustment. The developer may apply for the extension either before or after what would otherwise be the expiration date.
f. 
The Planning Board/Zoning Board of Adjustment shall grant an extension of minor subdivision approval for a period determined by the board but not exceeding one (1) 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 form other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of minor subdivision approval or (2) the ninety-first (91st) day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
g. 
If the application for a minor subdivision is classified as a major subdivision by the Planning Board/Zoning Board of Adjustment, the subdivider will be so notified. No further Planning Board/Zoning Board of Adjustment action on the application shall be required and the subdivider shall follow the procedures contained herein for processing approval of a major subdivision.
[Ord. #877, S1202; Ord. #1007]
The minor subdivision plat shall be based on tax map information or some other similarly accurate base at a scale not smaller than one hundred (100) feet to the inch and preferably fifty (5) feet to the inch or larger to enable the entire tract to be shown one (1) sheet and shall show or include the following information:
a. 
A key map showing the location and approximate area of the subdivision in relation to the entire borough.
b. 
A map of the entire tract(s) of land being subdivided and the property within one hundred (100) feet thereof, showing all existing and proposed property lines, tax map sheet number, block number and lot numbers, easements, rights of way, street names, power lines, structure, streams, drainage facilities and wooded areas with the area of the entire tract.
c. 
A title block giving the name of the subdivision, the present owner of the land, present owner of all adjacent properties, name and license number of the person who prepared the map, scale of the map, north arrow, proposed number of dwelling units and type, if any, and space for the signature of the chairman and secretary of the Planning Board/Zoning Board of Adjustment.
[Ord. #877, S1203]
Prior to the performance of any major subdivision as defined in this chapter, preliminary and final plat approval must be obtained from the Planning Board/Zoning Board of Adjustment.
[Ord. #877, S1204; Ord. #1007]
a. 
Purpose for Submission of Preliminary Plats. The preliminary plat and the supporting documents for a proposed major subdivision constitute the material to be officially submitted to the Planning Board/Zoning Board of Adjustment. They show the general design of the subdivision and its public improvements so that the Planning Board/Zoning Board of Adjustment can indicate its approval or disapproval of the subdivision prior to the time that the final plat, including the design and detailing of the public improvements and utilities, is completed.
b. 
An application for approval of a preliminary plat shall be field in accordance with subsection 21-11.1 above and shall contain all the data and information required by subsection 21-12.5. An application for approval of a preliminary plat shall also be accompanied by:
1. 
A letter from the responsible official of the State and/or County Highway Departments approving any proposed construction on State or County rights-of-way if applicable.
2. 
A letter from either the Planning Board/Zoning Board of Adjustment or governing body of any municipality within two hundred (200) feet of the proposed development indicating whether that development is in reasonably harmony with the Master Plan and development regulations of that municipality.
3. 
A letter from a representative of the Bogota Board of Education acknowledging the number of residential units and indicating the availability of school and facilities which relate to the subdivision area.
[Ord. #877, S1205; Ord. #1007]
a. 
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not smaller than one (1) inch equals one hundred (100) feet and shall be designed by a licensed New Jersey land surveyor, or a licensed New Jersey professional engineer. The plat shall be designed in compliance with the provisions of section 21-13 of this chapter and shall show or be accompanied by the following information.
b. 
The preliminary plat shall include the following information and shall show the location of the proposed site and approximate size area of the subdivision in relation to the entire borough.
1. 
Title block.
(a) 
Name of subdivision.
(b) 
Name and address of subdivider.
(c) 
Name and address of owner of record.
(d) 
Name and address of all property owners within two hundred (200) feet of the extreme limits of subdivision.
(e) 
Name, address, and profession of the person who prepared the drawing together with his license number and seal.
(f) 
Acreage of tract to be subdivided to nearest tenth of an acre.
(g) 
Proposed number of dwelling units and type.
(h) 
Scale.
(i) 
Date of submission of each plat and of each subsequent revised submission.
2. 
Sufficient elevations or contours to determine the general slope and natural drainage of the land to points extending two hundred (200) feet beyond the subdivision boundary.
3. 
North arrow.
4. 
Subdivision boundary line (heavy solid line).
5. 
The location of existing watercourses and any natural features such as wooded areas and rock formations to the proper scales both within two hundred (200) feet of its boundary.
6. 
Miscellaneous.
(a) 
Street rights-of-way of subdivision and within two hundred (200) feet of its boundaries.
(1) 
Name of each street;
(2) 
Location and width;
(3) 
Center line elevation at intersections and other critical points;
(4) 
Typical cross sections and center line profiles for all proposed new streets.
(b) 
Other rights-of-way and easements on the subdivision and within two hundred (200) feet of its boundaries.
(1) 
Identification and description;
(2) 
Location and width;
(3) 
Restrictions of use, if any.
(c) 
Drainage structures on the subdivision and within two hundred (200) feet of its boundaries.
(1) 
Type of structure;
(2) 
Location, invert elevations, gradients and sizes of all pipe and of all other structures, where applicable.
(d) 
Other utility structures such as water and gas mains and power lines on the subdivision and within two hundred (200) feet of its boundaries.
(1) 
Location and size of capacity.
(e) 
Marshes, ponds, streams and land subject to periodic flooding on the subdivision and within two hundred (200) feet of its boundaries showing the location and area covered and indicating apparent high water level.
(f) 
Lot layout.
(1) 
Lot liens and dimensions of each lot to the nearest foot;
(2) 
Building setback liens (dashed) and its dimensions from the street line;
(3) 
Existing zoning and the boundaries thereof;
(4) 
Identification of lots or parcels for land use and land to be reserved or dedicated to public use, if any.
(5) 
Easements and restricted areas with notation as to purpose of restrictions.
(g) 
Buildings and other structures located on the subdivision and within two hundred (200) feet of its boundaries.
(h) 
Test hold borings (which, however, may be omitted from the preliminary plat if the information is not yet available, provided that the final plat conforms with subsection 21-14.3 containing the following data and certified by the borough engineer:
(1) 
Date, location, and graphic representation of findings of all test borings including ground water level and soil support capabilities. One (1) test boring shall be required for each acre and each portion of an acre to be subdivided.
(2) 
Locations where poor drainage and soil support conditions are found shall be shown and measures necessary to facilitate construction on the property shall be indicated.
[Ord. #877, S1206; Ord. #1007]
a. 
Purpose for Submission of Final Plat. A final plat and supporting drawings and documents for a proposed subdivision constitute the complete development of the subdivision proposal and shall include the recommendations resulting from the Planning Board/Zoning Board of Adjustment review of the preliminary plat as well as the detailed layout drawings for the public improvements and utilities. After public hearing and approval by the Planning Board/Zoning Board of Adjustment, this complete submission accompanied by the performance and maintenance guarantee according to subsection 21-15.6 and the provision of the liability insurance policy as approved by the governing body according to subsection 21-15.8 of this chapter, becomes the basis for the construction of the subdivision and the inspection service by the borough engineer and the Planning Board/Zoning Board of Adjustment.
The plat itself must be recorded at the County Recorder's Officer to have legal status. An unrecorded plat is not valid basis for site improvements or other commitments which depend on its design characteristics.
b. 
An application for approval of a final plat shall be filed in accordance with subsection 21-11.1 above and shall contain all the data and information required by subsection 21-12.7. An application for approval of a final plat shall also be accompanied by:
1. 
A statement by the borough engineer certifying the accuracy of the details of the plat, and that he is in receipt of a map or maps showing in exact location and elevation of the water, sanitary and storm sewer mains and streets and identifying those portions already installed and those to be installed and that the subdivider has posted the performance guarantee required in accordance with subsection 21-15.6 of this chapter.
2. 
Letters directed to the chairman of the Planning Board/Zoning Board of Adjustment and signed by a responsible official of the water company, government authority or district that provides water, sanitary or storm sewer service and has jurisdiction in the area approving each proposed utility installation design and stating who will construct the facility so that service will be available when required in conformity with the provisions of the filed rate schedule.
3. 
Deeds of dedication of three (3) copies each for all properties including any street rights of way to be offered to the borough for dedication.
[Ord. #877, S1207; Ord. #1007]
a. 
The final plat for all, part or parts of the subdivision shall be drawn in ink on tracing cloth at a scale of not less than one (1) inch equals one hundred (100) feet and in compliance with all requirements for filing a map with the County Recording Officer and shall be designed in compliance with the provisions of this chapter. The final plat shall show or be accompanied by the same information required for preliminary approval in addition to the following:
1. 
Each block and lot shall be numbered in conformity to existing tax map procedures.
2. 
Bearing or deflection angles and radii, arcs and center angles of all curves.
3. 
Contours at two (2) foot intervals extending two hundred (200) feet beyond the boundary of the subdivision.
4. 
Certification that the applicant is agent or owner of the land, or that the owner has given consent under an option agreement for the dedication of streets, alleys, easements and other rights of way and any lands for public uses.
5. 
Certification from the tax collector that all taxes are paid to date.
6. 
At least one (1) corner of the subdivision shall be tied to a U.S.G.S. benchmark or benchmarks with data on the plat as to how the bearings were determined. Monuments, lots, corners, and other survey points shall be located and described.
7. 
When approval of the plat is required by any officer or body of the borough, County or State, approval shall be certified on that plat.
8. 
When test hole borings have not been made and shown on the preliminary plat, they shall be submitted for each acre and portion of an acre at this stage.
9. 
Public improvement and utility plans and profiles are declared an integral part of the final plat submission and compliance therewith and with the final plat itself, this chapter and the borough's specifications for public improvements and utilities as mentioned in section 21-13 shall be secured by the performance guarantee. These plans of the basic improvements and utilities shall include:
(a) 
The same area with the same sale and title block as required on the preliminary plat.
(b) 
Other details as specified in subsection 21-13.8 and 21-13.9.
[Ord. #877, S1300; Ord. #1007]
The subdivider shall regard the following requirements and principles of land subdivision in the design of each subdivision or portion hereof. Prior to the granting of final approval, the subdivider shall have furnished performance guarantees for the ultimate installation of protection of the following items. The subdivision shall conform to the proposals and conditions shown on the Official Map and the Master plan of the borough.
[Ord. #877, S1301; Ord. #1007]
a. 
Subdivisions shall be served by paved streets and all new streets shall be graded and provided with an all weather base and pavement with an adequate crown in keeping with borough specifications and standards.
b. 
The arrangements of new streets constructed or to be constructed in subdivisions shall be such as to provide for the continuous extension of existing, mapped or potential streets.
c. 
No subdivision showing reserve strips controlling access to another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the governing body after recommendation by the Planning Board/Zoning Board of Adjustment.
[Amended by Ord. No. 11-2]
d. 
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan, Official Map, or the street width requirements of this chapter, shall dedicate additional width along one (1) or both sides of said road. If the subdivision is along one (1) side only, one-half (1/2) of the required extra width shall be dedicated.
e. 
The right of way width shall be measured from lot line to lot line. Right of way width shall not be less than fifty (50) feet and pavement shall not be less than thirty-six (36) feet on all streets. The right of way width for internal roads, and/or alleys in multi family, commercial and industrial development shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely and conveniently accommodate the maximum traffic, parking and loading needs for the type of traffic encouraged by its existence as well as the necessary space for emergency equipment.
f. 
Streets shall be constructed in accordance with the standard specifications of the New Jersey Department of Transportation. Pavement thicknesses shall be not less than the following:
1. 
Arterial and Collector Streets:
(a) 
Bituminous Stabilized Base Course: six (6) inches compacted thickness.
(b) 
FABC — 2 Surface Course: two (2) inches compacted thickness.
2. 
Local Streets:
(a) 
Bituminous Stabilized Base Course: four (4) inches compacted thickness.
(b) 
Bituminous Stabilized Intermediate Course: two (2) inches compacted thickness.
(c) 
FABC — 1 Surface Course: one and one-half (1-1/2) inches compacted thickness.
3. 
Where subbase conditions are wet, springy, or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least twelve (12) inches below the proposed subgrade and filled with a suitable subbase material as determined by the municipal engineer. Where required by the engineer, a system of porous concrete pipe, subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the surfacing material shall be applied.
g. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than sixty (60) degrees. No more than two (2) streets shall meet or intersect at any one (1) point and the center lines of both intersecting streets shall pass through a common point. Measuring from this common point, two (2) intersections shall be spaced at a minimum of one hundred twenty-five (125) feet. The block corners at intersections shall be rounded at the curb line with a cure having a radius of not less than twenty (20) feet. No shrubbery, signs, trees, monuments or other visual obstruction to signs or line of sight shall be permitted along or within the street right-of-way line within twenty (20) feet of any intersection.
h. 
Where streets have a reverse curve, a tangent of at least one hundred (100) feet in length shall be required.
i. 
Grades of arterial and collector streets shall not exceed four (4%) percent. Grades on other streets shall not exceed ten (10%) percent. No street shall have minimum grade of less than one-half (1/2) of one (1%) percent.
j. 
All changes in grade where algebraic difference in grade is one (1%) percent or greater shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance, but not so great as to create drainage problems. Sight distance shall be at least three hundred fifty (350) feet for local streets.
k. 
When connecting street lines deflect from each other at any one (1) point by more than ten (10) degrees and not more than forty-five (45) degrees, they shall be connected by a curve with a radius of not less than one hundred (100) feet.
l. 
The use of cul-de-sac streets shall be discouraged. When they are deemed necessary by the Planning Board/Zoning Board of Adjustment, they shall be located so that they drain towards their entrances and shall be no longer than five hundred (500) feet.
They shall provide a turn-around at the end and the minimum right-of-way at the turn-around shall be a radius of at least fifty (50) feet and tangent whenever practicable to the right side of the street.
m. 
All driveways or other on-street parking areas shall have driveway aprons extending from the curb line to the front property line. The driveway aprons shall be at least twelve (12) feet wide at the curb and a minimum of ten (10) feet at the property line and meeting the same construction specifications as a street.
n. 
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their names only at street intersections or in accordance with subsection 21-13.2 of this chapter.
o. 
The length, width or acreage of blocks shall be determined with due regard to the limitations and opportunities of topography and shall be such as to be sufficient to meet all the area, yard and parking requirements for such particular uses as expressed in the zoning ordinance as well as providing for convenient access, circulation control and safety of street traffic.
p. 
Lot dimensions and areas shall not be less than the requirements of the zoning ordinance of the borough and insofar as is practical, side lots lines shall be at right angles to straight streets and radial to curved streets.
q. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such new line and all setbacks shall be measured from such new line.
r. 
Where the property to be subdivided is next to or includes a railroad right-of-way, suitable provisions shall be made for such things as road crossings, screening or buffers, freight access, warning signals, and signs in recognition of the relationship between the railroad and the subdivision.
s. 
To the extent practicable, streets shall be so oriented as to permit the buildings constructed thereon to maximize solar gain.
[Ord. #877, S1302; Ord. #1007]
a. 
Street name signs meeting borough specifications as to size, material and location shall be installed at the intersection of all streets and at such places on curvilinear streets noted below.
Description
1. 
At street intersections.
2. 
When two (2) roads intersecting at right angles are connected by a curve.
3. 
At the peak of the curve connecting two (2) parallel streets when the length of the streets exceeds the length of a loop.
Example
021 Example.tif
b. 
Where the traffic control signs are deemed necessary by the Planning Board/Zoning Board of Adjustment, subdivider and borough engineer for borough, County or State highways, the proper borough, County or State official shall be informed of the proposed installation in order that the proper agency may consider the necessity of the installation at its own expense.
c. 
All street name and traffic control signs shall be installed free of visual obstruction.
[Ord. #877, S1303; Ord. #1007]
a. 
Curbing and gutters shall be required along all streets within the subdivision.
b. 
The minimum standards in regards to width of gutters, height of curbing, base material, surface material, slope depth of gutters crossing intersections and installation of catch basins, shall be according to the requirements of this chapter (subsection 21-13.8) and the specifications of the borough approved by the borough engineer or, in the case of County or State highways, the proper County or State official.
c. 
Curbs and gutters shall be adequate to handle the maximum water runoff from tributary lands.
[Ord. #877, S1304; Ord. #1007]
a. 
Minimum four (4) foot wide public sidewalks shall be provided along all streets in residential areas and shall be concrete four (4) inches thick and four (4) inches gravel, except that a public sidewalk forming part of a driveway apron, shall be concrete six (6) inches thick at a grade with abutting public sidewalks and of the same construction materials as abutting public sidewalks.
b. 
A smooth paved path shall also be provided from the public sidewalk to the main entrance or entrances of the building.
c. 
All public sidewalks shall be located a minimum of one (1) foot within the street right-of-way and shall have a slope of one quarter (1/4) inch per foot toward the gutter.
d. 
All sidewalks shall also conform with the requirements of the current borough sidewalk ordinance.
[Ord. #877, S1305; Ord. #1007; Ord. #1125, S1]
a. 
Shade trees shall be provided in all major residential subdivisions and in subdivisions of other kinds where deemed appropriate by the Planning Board/Zoning Board of Adjustment. Trees shall be planted within the subdivision along each side of the street at proper intervals and in types, sizes and locations conducive to healthy growth with graded and seeded or sodded planting strips within street rights-of-way and according to any standards adopted by the governing body or borough environmental commission so as not to interfere with street paving, sidewalks or utilities.
[Amended by Ord. No. 11-2]
b. 
All trees should be of nursery stock of no less than two and one-half (2 1/2) inch caliber and of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests, and disease, suitable for street use, durable under the maintenance contemplated and approved by the governing body or the borough environmental commission.
[Ord. #877, S1306; Ord. #1007]
No top soil shall be removed from areas intended for lawn or open space. Top soil moved during the course of construction shall be redistributed within the subdivision so as to provide at least six (6) inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
[Ord. #877, S1307; Ord. #1007]
Monuments shall be of hard durable material at least thirty (30) inches long. The top shall be a minimum of five (5) inches square and the bottom a minimum of six (6) inches square with uniform taper from one end to the other. They shall be firmly set in the ground in the required locations so as to be visible at the points as required in N.J.S.A. 46:23-9.9 et seq.
[Ord. #877, S1308; Ord. #1007]
a. 
A preliminary grading and drainage system plan shall be a part of the preliminary plat. It shall indicate in general terms a proposal for an adequate system of drainage structures to carry off and store or discharge the storm water runoff and natural drainage water which originates not only within the property boundaries, but also that which originates beyond the property boundaries.
b. 
The public improvement and utilities plan and profiles show the final drainage plan and street profiles. They shall be prepared and submitted with the final plat after the approval of the preliminary plat and drainage plan.
c. 
No storm water runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions.
d. 
An existing ditch or brook right of way shall be offered for dedication to the borough for drainage purposes. Such right-of-way shall be shown on the drainage plan and on the final plat and shall be of sufficient width to include a ten (10) foot access strip in addition to the width of the ditch or brook as measured from bank top to bank top.
e. 
Valley gutters will be permitted as "T" intersections where they are parallel to the center line of the through road and shall be constructed to the specifications and design to be furnished by the borough engineer. This is to be accomplished by gradually taking out the crown of the intersecting street, starting from a point about thirty (30) feet from the flow line of the through street. At other than "T" intersections, valley gutters will be permitted only when warranted by limited traffic use and never across heavily trafficked roads.
f. 
Drainage structures which are located on State or County highway rights-of-way shall be approved by the State or County highway departments and a letter from that office indicating such approval shall be directed to the chairman of the Planning Board/Zoning Board of Adjustment and shall be received prior to approval of the final plat.
g. 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm water easement or drainage right of way conforming substantially with the lines of such watercourse, and such further width or construction or both, as will be adequate for the purpose.
h. 
Land subject to periodic or occasional flooding shall not be plotted for residential occupancy nor for any other use which may endanger life or property or aggravate the flood hazard. Such land within a plat shall be considered for park purposes. However, nothing in this chapter shall be construed to prevent a developer from adequately filing the land or constructing bulkheads, provided the bulkheads meet the requirements of the borough and the borough engineer and that the finished grade shall be a minimum of five (5) feet above mean high tide or the water surface, in order to develop the land.
[Ord. #877, S1309; Ord. #1007]
a. 
In large scale developments, easements along rear property lines or elsewhere may be required for utility installation. Such easements shall be at least fifteen (15) feet wide and located in consultation with the companies and borough departments concerned.
b. 
All public water, fire hydrants, storm sewers and sanitary sewer mains shall be installed in accordance with the specifications of the governmental authority or utility company which has jurisdiction in the area.
c. 
A letter approving such a proposed installation and a statement as to who will carry out the construction, signed by a responsible official of the government authority or utility company which has jurisdiction in the areas, shall be directed to the chairman of the Planning Board/Zoning Board of Adjustment and shall be received prior to approval of the final plat.
[Ord. #877, S1310; Ord. #1007]
a. 
Natural features such as trees, views, natural terrain and brooks shall be preserved whenever possible in designing any subdivision containing such features. On individual lots or parcels, care shall be taken to preserve selected trees to enhance the landscape plan of the development.
b. 
Natural fertility of the soil shall be preserved by disturbing it as little as possible. The protection of top soil shall be enhanced by adhering to the requirements of subsection 21-13.6 of this chapter.
[Ord. #877, S1311; Ord. #1007]
a. 
Proposed land uses shall conform to the Master Plan, the Official Map and the provisions of this chapter.
b. 
Subdivision designs shall be related in a compatible fashion to adjacent land uses indicating the location of buffer zones, where deemed necessary by the board and the design and relationship of vehicular and pedestrian traffic.
[Ord. #877, S1402; Ord. #1007; Ord. #1041, S17]
Approval of site plans shall be required as a condition for the issuance of a building permit, issuance of a certificate of occupancy, issuance for any permit required for any construction, reconstruction conversion, structural alteration, relocation, enlargement of any building or other structure or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1, et seq., except in the case of one (1) or two (2) family dwellings or an accessory use thereof.
[Ord. #877, S1402; Ord. #1007]
An application for approval of a site plan shall be submitted in accordance with subsection 21-11.1 and shall contain all the data and information required in subsection 21-14.3.
[Ord. #877, S1403; Ord. #1007]
The site plan plat shall be clearly and legibly drawn or reproduced at a scale of not less than one (1) inch equals fifty (50) feet and shall be designed by a licensed New Jersey surveyor, or a licensed New Jersey professional engineer. The plat shall be designed in compliance with the provisions of subsection 21-14.7 of this chapter and shall show or be accompanied by the following information:
a. 
All lot dimensions, elevations and contours, at five (5) foot intervals on ten (10%) percent slopes and two (2) foot intervals on lesser slopes.
b. 
Building setback, sideline and rear yard distances;
c. 
The location of all buildings.
d. 
The location of off street parking areas with dimensions showing parking spaces, loading docks, off street loading space, access and egress drives, traffic circulation and location and description of any lighting in connection with the parking area.
e. 
The location and description of all proposed lighting and signs.
f. 
The type of surface paving, curbing and sidewalks.
g. 
All landscaping, fences, walls or similar facilities, and open spaces as well as the buffer areas which shall be provided for the purpose of isolating the activities conducted on the site from adjoining residential zoned areas, if any. The location of all shade trees to be provided in accordance with this chapter shall be shown.
h. 
The location of all structures within two hundred (200) feet of the property lines.
i. 
Size, height, location and arrangement of all proposed buildings and structures, including building plans, showing front, side and rear elevations. A description of the structure or structures including the architect's rendering and a description of all facing materials to be used. Facing materials shall be brick, stone or other approved material.
j. 
A written description of the proposed operations in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, fire hazards or safety hazards.
k. 
The proposed number of shifts to be worked and the maximum number of employees on each shift.
l. 
The location, size and nature of all existing and proposed rights-of-way, easements, community areas, buffer zones and other encumbrances, which may affect the lot or lots in question and the location, size and description of any lands to be conveyed to the borough. There shall also be submitted a copy of any covenants or deed restrictions that are intended to cover all or any part of the site.
m. 
Location of all water mains, fire hydrants, potable water systems, storm drainage facilities and sanitary sewer lines existing and proposed.
n. 
The name, title and address of the applicant and the owner and the name, address and title of the person preparing the plan or maps and appropriate seal of the professionals participating in the preparation of same. Maps shall include a place for the signatures of the chairman and secretary of the approving authority, as well as a place for the signature and seal of the borough engineer. The municipal tax map lot and block numbers of the lot or lots, or portion thereof, tax sheet number and key location map for all properties shall be on the map or plan. Map shall include all dates of preparation and revised dates as the case may be.
o. 
Indication of proposed traffic access and ways showing alignment and visibility and safety considerations.
p. 
Location and width of proposed driveways and curb cuts.
q. 
Parking layout, showing number of stalls in each block.
r. 
A table indicating in the left column the following requirements of this chapter and in the right column the extent to which the proposed development conforms with these criteria:
1. 
Minimum lot area.
2. 
Maximum lot width;
3. 
Maximum lot depth;
4. 
Maximum building or structure height (new and existing structures);
5. 
Floor area or other volume measurement of buildings;
6. 
Minimum front yard;
7. 
Minimum side yard;
8. 
Minimum rear yard;
9. 
Maximum building coverage;
10. 
Maximum lot coverage;
11. 
Dimensions of buffer zone;
12. 
Number of off street parking spaces;
13. 
Distance to nearest residential zone district line; and
14. 
Number of employees to occupy the building.
s. 
Such other information and data as may be required by the Planning Board/Zoning Board of Adjustment in order to determine that the details of the site plan are in accord with the standards of this chapter and other ordinances of the borough, and further that the building or use will not be detrimental to the public interest.
[Ord. #877, S1404; Ord. #1007; Ord. #1041, S8]
a. 
Definition. A minor site plan shall mean a development plan that does not involve a planned unit development, any new street, or extension of any off tract improvement that is to be prorated pursuant to N.J.S.A. 40:55D-42 and which contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval have been met. A minor site plan shall additionally mean a site plan for a development or building alteration requiring less than ten (10) parking spaces as required by this chapter, containing less than twenty-five hundred (2,500) new or additional square feet of floor area and not having more than fifty (50%) percent lot coverage. The Planning Board/Zoning Board of Adjustment, upon receipt of a site plan application, shall, by a vote of a majority of its members, decide whether or not to treat the said application as a minor site plan.
b. 
The Planning Board/Zoning Board of Adjustment may waive notice in public hearing for application for development if it finds that such application conforms to the definition of a minor site plan.
c. 
Minor site plan approval shall be deemed to be final approval of the site plan by the Planning Board/Zoning Board of Adjustment provided that the Planning Board/Zoning Board of Adjustment may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 41 and 53.
d. 
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 (2) years after the date on which the resolution of approval is adopted. The Planning Board/Zoning Board of Adjustment shall grant an extension of this period for a period determined by the board but not exceeding one (1) year from what would otherwise be the expiration date, if the developer provides 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. A developer shall apply for this extension before: (1) what would otherwise be the expiration date, or (2) the ninety-first (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.
[Ord. #877, S1405; Ord. #1007]
An application for approval of a final site plan shall be filed in accordance with subsection 21-11.1 and shall contain all the data and information required by subsection 21-14.3. An application for final site plan approval shall also be accompanied by:
a. 
A letter containing a list of all items to be covered by a performance guarantee (cash or certified check), the quantities of each item, the cost of each of them and the total amount of all items.
b. 
A letter from the borough engineer stating that the required improvements have been installed to his satisfaction in accordance with the applicable borough specifications to cover the cost of the remaining improvements.
c. 
A letter from the developer's engineers stating that the final plan conforms to the preliminary plan as submitted and approved. The developer shall be liable for additional engineering fees incurred by the borough where such certification is found to be incorrect.
[Ord. #877, S1406; Ord. #1007]
Where the Planning Board/Zoning Board of Adjustment deems it appropriate, a combined preliminary and final application may be submitted simultaneously.
[Ord. #877, S1407; Ord. #1007]
a. 
In reviewing a site plan application, the Planning Board/Zoning Board of Adjustment shall ascertain that the following minimum standards are complied with:
1. 
That the provisions of this chapter with respect to height, minimum lot areas, mandatory open spaces and the like are complied with;
2. 
That adequate provision is made for off street parking in accordance with the revised ordinances of the borough and that adequate traffic circulation and protection to adjoining properties are provided;
3. 
That adequate provision is made for disposal of storm water, as approved by the borough engineer, so that no runoff onto adjacent property shall occur;
4. 
That the location, design or construction of any building is not likely to involve risks of traffic congestion, public safety or hazard;
5. 
That the design or construction of any building will not be so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property;
6. 
That all other applicable provisions of the Bogota ordinances are met;
7. 
That the applicant has obtained necessary approvals of any Federal, State, County or municipal agencies; or that the board's approval is conditioned upon the applicant obtaining such necessary approvals;
8. 
That the proposed plan is suitable as to appearance, nature of use in relation to the district in which it is located and that the impact of the proposed use upon other properties in the area be considered;
9. 
That consideration be given to the environmental protection for the health, safety and welfare of the community;
10. 
That the landscaping plan as submitted by the applicant be suitable and that shade trees be provided for as set forth in any regulation of the borough shade tree committee;
11. 
That open spaces as well as buffer areas be provided for the purpose of isolating the activities conducted on the site from adjacent residential areas, if any;
12. 
That all raw materials, fuels, finished products, machinery and equipment, including but not limited to motor vehicles, vents, prefabricated chimneys and ducts, that are used in the operation or maintenance of the premises be located entirely within an enclosed building, provided that same may be located on the roof or in the side or rear yards of the premises if they are adequately screened so that they are not visible from the street or adjacent premises.
b. 
The Planning Board/Zoning Board of Adjustment shall given consideration to such other elements or aspects of the site plan and proposed use as may relate to the design of the plan, the general environment of the area or the health, safety and general welfare of the public and in so doing may refer the application to such other agencies as may be desirable for report and recommendation.
[Ord. #877, S1501; Ord. #1007]
The approving authority may approve, disapprove or approve with conditions the preliminary development application. If the Planning Board/Zoning Board of Adjustment grants preliminary approval, its chairman and secretary (or the vice chairman or assistant secretary in their absence, respectively), and the borough engineer shall sign the plat indicating 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.
[Ord. #877, S1502; Ord. #1007; Ord. #1401, S10]
Preliminary approval shall, except as provided in paragraph d below, confer upon the applicant the following rights for a three (3) year period from the date of the preliminary approval; after which period the approval shall be of no effect.
a. 
The general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to: use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off tract improvements; any requirements peculiar to site plan approval; except that nothing herein shall be construed to prevent the borough from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety.
b. 
The applicant may submit for final approval on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary plat; and
c. 
The applicant may apply for and the Planning Board/Zoning Board of Adjustment may grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
[Amended by Ord. No. 11-2]
d. 
In the case of a development for an area of fifty (50) acres or more, the Planning Board/Zoning Board of Adjustment may grant the rights referred to in paragraphs a, 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 (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval, (3) economic conditions, and (4) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
e. 
Whenever the Planning Board/Zoning Board of Adjustment grants an extension of preliminary approval pursuant to paragraphs c or d of this subsection and 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.
f. 
The Planning Board/Zoning Board of Adjustment shall grant an extension of preliminary approval for a period determined by the board but not exceeding one (1) 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 required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of preliminary approval or (2) the ninety-first (91st) day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board/Zoning Board of Adjustment from granting an extension pursuant to paragraphs c or d of this subsection.
[Ord. #877, S1503; Ord. #1007]
The Planning Board/Zoning Board of Adjustment shall grant final approval if the application conforms to the chapter, the conditions of previous reviews, and the standards prescribed in "Map Filing Law," N.J.S.A. 46:23-9.9 et seq.
In the case of a planned development as provided in N.J.S.A. 40:55D-50(A), the Planning Board/Zoning Board of Adjustment may permit minimal deviations from the conditions of preliminary plat approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval.
[Ord. #877, S1504; Ord. #1007; Ord. #1041, S13]
a. 
Final approval of a major subdivision shall expire ninety-five (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 Planning Board/Zoning Board of Adjustment may for good cause shown extend the period for recording the additional period not to exceed one hundred ninety (190) days from the date of signing of the plat. The Planning Board/Zoning Board of Adjustment may extend the ninety-five (95) day or one hundred ninety (190) day period if the developer provides to the reasonable satisfaction of the Planning Board/Zoning Board of Adjustment (1) 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 (2) 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 Planning Board/Zoning Board of Adjustment. The developer may apply for an extension either before or after the original expiration date.
b. 
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board/Zoning Board of Adjustment as indicated on the instrument by the signature of the chairman and secretary of the Planning Board/Zoning Board of Adjustment or a certificate has been issued as to the board's failure to act on the application within the required time. The signature of the chairman and secretary of the Planning Board/Zoning Board of Adjustment shall not be affixed until the developer has posted the guarantees required. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the borough, the plat shall be expunged from the official records.
[Amended by Ord. No. 11-2]
c. 
It shall be the duty of the county recording officer to notify the Planning Board/Zoning Board of Adjustment in writing within seven (7) days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
[Ord. #877, S1505; Ord. #1007; Ord. #1041, S11]
a. 
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, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval. The board may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. The rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.
b. 
In the case of a subdivision or site plan for a planned development of fifty (50) acres or more, or conventional subdivision or site plan of one hundred fifty (150) acres or more, the board may grant the rights referred to above for such period of time, longer than two (2) years, as shall be determined by the board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions, and (3) 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 approving authority to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) the comprehensiveness of the development.
c. 
Whenever the Planning Board/Zoning Board of Adjustment grants an extension of final approval pursuant to paragraphs a or b of this subsection and 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. The developer may apply for the extension either before or after what would otherwise be the expiration date.
d. 
The Planning Board/Zoning Board of Adjustment shall grant an extension of final approval for a period determined by the board but not exceeding one (1) 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 these approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the ninety-first (91st) day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board/Zoning Board of Adjustment from granting an extension pursuant to paragraphs a or b of this subsection.
[Ord. #877, S1506; Ord. #1007; Ord. #1401, S12]
a. 
Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the approving authority may require and shall accept in accordance with the standards adopted by this subsection for the purpose of assuring the installation and maintenance of on-tract improvements:
1. 
The furnishing of a performance guarantee in favor of the borough in an amount not to exceed one hundred twenty (120%) percent of the cost of installation, which cost shall be determined by the borough engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 for improvements which the approving authority may deem necessary or appropriate including: streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments as shown on the final map and required by the "Map Filing Law", N.J.S.A. 46-23-9.9 et seq., water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.
The borough engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
2. 
Provision for a maintenance guarantee to be posted with the mayor and council for a period not to exceed two (2) years after final acceptance of the improvement, in an amount not to exceed fifteen (15%) percent of the cost of the improvement, which cost shall be determined by the borough engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance guarantee, to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the borough for such utilities or improvements.
b. 
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the mayor and council by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed one hundred twenty (120%) percent of the cost of the installation, which cost shall be determined by the municipal engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.
c. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the borough for the reasonable cost of the improvements not completed or corrected and the municipality may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law," N.J.S.A. 40A-11-1 et seq.
d. 
1. 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request the governing body in writing, by certified mail addressed in care of the borough clerk that the borough engineer prepare, in accordance with the itemized cost estimate prepared by the borough engineer and appended to the performance guarantee pursuant to paragraph a of this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made the obligor shall send a copy of the request to the borough engineer. The request shall indicate which improvements remain uncompleted in the judgment of the obligor. Thereupon the borough engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than forty-five (45) days after receipt of the obligor's request.
2. 
The list prepared by the borough engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the borough engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the borough engineer and appended to the performance guarantee pursuant to paragraph a of this subsection.
e. 
1. 
The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the borough engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the borough engineer and appended to the performance guarantee pursuant to paragraph a of this subsection. This resolution shall be adopted no later than forty-five (45) days after receipt of the list and report prepared by the borough engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that thirty (30%) percent of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
2. 
If the borough engineer fails to send or provide the list and report as requested by the obligor pursuant to paragraph d of this subsection within forty-five (45) days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the borough engineer to provide the list and report within a stated time and the cost of applying to the court including reasonable attorney's fees may be awarded to the prevailing party.
If the governing body fails to approve or reject the improvements determined by the borough engineer to be complete and satisfactory or reduce the performance guarantee of the complete and satisfactory improvements within forty-five (45) days from the receipt of the borough engineer's list and report, the obligor may apply to the count in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approvals of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the borough engineer and appended to the performance guarantee pursuant to paragraph a of this subsection; and the cost of applying to the court, including reasonable attorneys fees, may be awarded to the prevailing party.
3. 
If the obligor has made a cash deposit with the borough or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.
f. 
If any portion of the required improvements is rejected the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification as set forth in this subsection shall be followed.
g. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the mayor and council or the borough engineer.
h. 
The obligor shall reimburse the borough for all reasonable inspection fees paid to the borough engineer for the foregoing inspection of improvements; provided that the borough may require of the developer a deposit for the inspection fee in an amount not to exceed, except for extraordinary circumstances the greater of five hundred ($500.00) dollars or five (5%) percent of the cost of improvements which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
i. 
If final approval is by stages or sections of development pursuant to subsection a of N.J.S.A. 40:55D-38 the provisions of this subsection shall be applied by stage or section.
[Ord. #1041, S14]
The cost of the installation of on-tract improvements shall be estimated by the borough engineer based on documented construction costs for public improvements prevailing in the general area of the borough. The developer may appeal the borough engineer's estimate to the governing body. The governing body shall decide the appeal within forty-five (45) days of receipt of the appeal in writing by the borough clerk. After the developer posts a guarantee with the borough based on the cost of the installation of improvements as determined by the governing body, he may institute legal action within one (1) year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guarantee.
[Ord. #1041, S14]
The approving authority shall accept as a performance or maintenance guarantee for on-tract improvements an irrevocable letter of credit if it:
a. 
Constitutes an unconditional payment obligation of the issuer running solely to the borough for an express initial period of time in the amount determined pursuant to this ordinance.
b. 
Is issued by a banking or savings institution authorized to do and doing business in this State.
c. 
Is for a period of time of at least one (1) year and;
d. 
Permits the borough to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this subsection thirty (30) days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.
[Ord. #1041, S14]
If an approving authority includes as a condition of approval of an application for development the installation of street lighting on a dedicated public street connected to a public utility, then upon notification in writing by the developer to the approving authority and governing body of the borough that (1) the street lighting on a dedicated public street has been installed and accepted for service by the public utility and (2) that certificates of occupancy have been issued for at least fifty (50%) percent of the dwelling units and fifty (50%) percent of the floor area of the nonresidential uses on the dedicated public street or portion thereof indicated by section pursuant to N.J.S.A. 40:55D-38, the borough shall, within thirty (30) days following receipt of the notification, make appropriate arrangements with the public utility for, and assume the payment of, the costs of the street lighting on the dedicated public street, on a continuing basis. Compliance by the borough with the provisions of this subsection shall not be deemed to constitute acceptance of the street by the borough.
[Ord. #877, S1507; Ord. #1007]
a. 
As a condition of preliminary or final approval of a development application, the board may require installation of the following:
1. 
Final surface cost of the streets and pavements;
2. 
Storm sewers, culverts, water mains, sanitary sewers and hydrants;
3. 
Monuments;
4. 
Sidewalks and curbs;
5. 
Street signs and street lights;
6. 
Shade trees;
7. 
Top soil protection; and
8. 
Inspection and approval:
(a) 
All improvements shall be subject to inspection and approval by the borough engineer who shall be notified at least forty-eight (48) hours prior to the time when inspection will be required of embankments, drainage facilities, water liens, sewers, pavements, curbs or sidewalks. No underground installation shall be covered until inspected and approved by the borough engineer.
b. 
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 42, construction of or contributions for off-site water, sewer, drainage, and street improvements may be required in accordance with the following criteria:
1. 
Improvements to be Constructed at Sole Expense of Applicant. In cases where reasonable and necessary need for an off-site improvement or improvements are necessitated or required by the proposed development application, and when no other property owners receive a special benefit thereby, the approving authority may require the applicant, as a condition of site plan approval, at the applicant's sole expense, to provide for and construct such improvements as if such were on-site improvements in the manner provided hereafter and as otherwise provided by law.
2. 
Contributions by Applicant Toward Required Off-site Improvements.
(a) 
In cases where the need for any off-site improvement is necessitated by the proposed development application and where the board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the board in writing. Said resolution or determination of the board shall specify the off-site improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to insure the successful and reasonable implementation of same. In its deliberation as to whether off-site improvements are required, the board shall be guided by the rules and regulations of the borough, as ell as this chapter. The board may also be guided by counsel from its attorney, the borough engineer and any consultant or other qualified experts and municipal officials relative to the subject matter.
(b) 
In the event that the board determines that one (1) or more improvements constitute an off-site improvement, the board shall notify the mayor and council of same, specifying the approving authority's recommendation relative to the estimated cost of same, the applicant's prorated share of the cost, and possible methods or means to implement same, including but not limited to performance and maintenance guarantees, cash contributions, development agreements and other forms of surety.
(c) 
The board shall not grant final approval on the application until all aspects of such conditions have been mutually agreed to by both the applicant and the mayor and council of the borough and a written resolution to that effect by the mayor and council has been transmitted to the board.
3. 
Methods of Implementation. Where a performance or maintenance guarantee or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedures and requirements as specified in this chapter for other improvements.
4. 
Development Agreement. Where a development agreement is required governing off-site improvements or other conditions as may be required by this chapter or by the board, said agreement shall be approved as to form, sufficiency and execution by the board's attorney and the borough attorney. Said agreement shall specify the amount of cash contributions, if any, the method of payment of same, the relative timing of such payment and the obligations to be undertaken by the borough.
5. 
Prorate Formula for Determining Applicant's Share for Off-Site Improvements.
(a) 
Where an off-site improvement is required, in order to determine the proportionate share of such improvement to the applicant, the board is to apply the current construction costs to a comparison of the increase in value of off-site properties by the off-site improvement as compared to the increase in value of the proposed development.
(b) 
In determining the pro rate amount of the cost of any required off-site improvement which shall be borne by the applicant, the board shall also determine the pro rata amount of cost to be borne by other owners of lands that will be benefited by the proposed improvements.
[Ord. #877, S1508; Ord. #1007]
A developer shall file with the governing body a general liability insurance policy at the same time as he files his performance guarantee covering all operations in the development. Said policy shall include coverage provisions for personal injury and property damage liability with limits of one million ($1,000,000.00) dollars combined single limit. The borough attorney shall approve the policy for form and execution. The policy shall be of the same term as the performance guarantee and shall be extended in conformance with any extension of the performance guarantee. The policy shall name the Borough of Bogota as an assured and provide that the Borough of Bogota may, nevertheless, assert claims against the other assured.
[Ord. #877, S1509; Ord. #1007]
a. 
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, may apply in writing to the Planning Board/Zoning Board of Adjustment for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board/Zoning Board of Adjustment. 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 shall make and issue such certificate within fifteen (15) days after the receipt of such written application and the fees therefore. Said board 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.
c. 
Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
1. 
Whether there exists in said municipality a duly established Planning Board/Zoning Board of Adjustment and whether there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Act.
2. 
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board/Zoning Board of Adjustment 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 this act.
d. 
The Planning Board/Zoning Board of Adjustment shall charge for such a certificate a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality.
e. 
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 therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the board pursuant to the provisions of N.J.S.A. 40:55D-55. If the Planning Board/Zoning Board of Adjustment fails to issue the same within fifteen (15) days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any rights, remedy or action which would be prosecuted or maintained by the borough, pursuant to N.J.S.A. 40:55D-55.
[Amended by Ord. No. 11-2]
f. 
Any such application addressed to the borough clerk shall be deemed to be addressed to the Planning Board/Zoning Board of Adjustment and the borough shall be bound thereby to the same extent as though the same was properly addressed.
[Ord. #877, S1601; Ord. #1007]
a. 
The zoning official of the borough or his designated representative shall be responsible for the enforcement and administration of this chapter pursuant to the provisions of this section. In accordance with this responsibility, the zoning official is authorized to:
1. 
Conduct, at reasonable times and with reasonable notice to the owner thereof, inspections of any and all premises located within the borough to ascertain whether any proposed or existing use, structure, alteration, or addition complies with the provisions of this chapter.
2. 
Maintain a record of all plans and applications for building permits as well as a record of all such permits issued with a notation of any special conditions relating to same.
3. 
Issue building permits for applications that are either in accordance with the provisions of this chapter or have been approved by the Planning Board/Zoning Board of Adjustment pursuant to this chapter.
4. 
If the zoning official shall have reasonable cause to believe that any of the provisions of this chapter are being or about to be violated, he shall forthwith provide notice to the person who appears as owner of the premises upon the latest tax list of the borough and any person who appears to be aiding or in any way contributing to the said violation, and order him or them, at the same time, to desist or refrain from such violation.
b. 
If any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure or land is sued in volition of this chapter, the borough attorney or any interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, constructions, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or bate such violation to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
[Ord. #877, S1602; Ord. #1007]
a. 
No building or structure or part thereof shall be placed, erected, constructed, reconstructed, structurally altered, added to, moved, removed, or razed, nor any of such works commenced until a permit therefore has first been obtained from the construction official upon application made to him.
b. 
Every application for a building permit to construct a new building shall be accompanied by duplicate plans drawn in ink, or blueprint, and as required by the construction official of the borough, showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of the buildings and accessory buildings existing, and the lines within which the building or structure is to be erected or altered, existing or intended use of each building or part of a building, the number of families or dwelling units the building is designated to accommodate, the number and location of off-street parking spaces, and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. No building permits shall be issued until the plans have been approved by the construction official as being in conformance with the provisions of this chapter. One (1) copy of such plans shall be returned to the owner when such plans shall have been approved by the construction official together with such permit as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey prepared by a licensed land surveyor. The lot and location of the building thereon shall be staked out on the ground before construction is started. No building permit shall be issued for any new structure located in a subdivision unless that subdivision is duly approved by the Planning Board/Zoning Board of Adjustment in accordance with the provisions of this chapter. Construction shall commence within six (6) months and be completed within twelve (12) months of the issuance of a building permit.
[Ord. #877, S1603; Ord. #1007]
a. 
It shall be unlawful for an owner to use or permit the use of any building or part thereof, hereafter erected, altered, converted or enlarged, wholly or in part, until a certificate of occupancy applied for at the time of application for a building permit shall have been issued by the construction official. Such certificate shall show that such building, or part of a building, and the proposed use thereof conforms to the requirements of this chapter and any conditions imposed prior to issuance of the building permit. The construction official shall issue a certificate of occupancy only when he is satisfied that the building, or part of a building, and the proposed use thereof so conforms.
b. 
Upon completion of any structure hereafter constructed, altered, converted, or enlarged, wholly or in part, for which a certificate of occupancy is not applicable, the owner shall apply to the construction official for a certificate of use. The construction official shall then inspect the structure, and upon determining that the structure conforms to the requirements of this chapter and any conditions imposed pursuant to the issuance of the building permit, the construction official shall issue a certificate of use. The construction official shall issue a certificate of use only when he is satisfied that the structure and proposed use thereof so conforms.
c. 
Should the construction official refuse to issue a certificate of occupancy or certificate of use, his reasons for doing so shall be stated on one (1) copy of the application and that copy returned to the applicant.
d. 
A record of all certificates shall be kept on file by the construction official and copies shall be furnished to any person having a proprietary or tenancy interest in the building in question. A monthly report of certificates of occupancy and building permits issued shall be submitted to the borough clerk and filed with the tax assessor.
e. 
The construction official may issue a temporary certificate of occupancy or certificate of use, for use of land or a structure which is related to the development of a permitted use of property. Such permits may be issued for a period of six (6) months, and not more than one (1) six (6) month extension may be granted.
f. 
Revocation. On the serving of notice of any violation of any of the provisions or requirements of the chapter with respect to any structure or use thereof or of land, the certificate of occupancy or certificate of use for such use shall, thereupon, without further actions, be null and void and a new certificate shall be required for any further use of such structure of land.
[Ord. #877, S1604; Ord. #910, S1; Ord. #970, SS I-VII; Ord. #1007; Ord. #1103, SI]
a. 
No person shall occupy or use any building or portion thereof for residential, commercial or industrial purposes after such building or portion thereof has been vacated or sold, or for which thee has been a change in use or a change in occupancy, until the owner of such premises has applied for and secured a certificate of continuing occupancy therefore from the building department.
b. 
Application. The owner or landlord of any premises about to be sold or newly occupied, or their respective agent, shall apply in writing to the certificate of continued occupancy inspector of the borough for a certificate of continued occupancy and shall supply, as necessary, all information requested on said application and all facts related to the nature of the business, occupancy, the manufacturing or other processes involved, if applicable, and the nature of all materials stored on the premises as part of or pertinent to said use or occupation. Notwithstanding the foregoing, if premises about to be sold are to be demolished or are to be renovated prior to any occupancy, any owner of said premises shall not be obligated to apply for a certificate of continued occupancy herein. No occupancy, however, shall be allowed until either a certificate of continued occupancy is thereafter obtained or a certificate of occupancy has been issued by the construction official. Upon receipt of an application for a certificate of continued occupancy, the certificate of continued occupancy inspector shall review same within twenty-one (21) days with the construction official, fire inspector, health officer and other subcode officials as deemed necessary by the inspector and shall either issue a certificate of continued occupancy or a written statement of the reason for denial of same.
c. 
Time. Applications shall be filed at least twenty-one (21) days prior to the anticipated date of occupancy by a new tenant or owner. Said application shall include the fee established in Chapter IX, "Building and Housing" of the Revised General Ordinances of the Borough of Bogota.
d. 
Responsibilities of Owners. The owner or landlord of all premises shall be responsible for notification to the construction official of the pendency of any new tenancy or ownership and for obtaining the required certificate of occupancy.
e. 
Revocation. On the serving of notice of any violation of any of the provisions of this chapter, or Chapter IX, "Building and Housing," or Chapter XIX, "Property Maintenance Code," with respect to any building or use thereof covered in the certificate of continued occupancy, said certificate of continued occupancy for such use may be revoked. Upon revocation, a new certificate of continued occupancy shall be required for any further use of such building or land.
[Ord. #877, S1605; Ord. #1007; Ord. #1289, S2]
Any person who is convicted for violating any provision of this chapter, or of Chapter 21A titled "Zoning," of these Revised General Ordinances, shall be subject to one (1) or more of the following: a fine of not more than one thousand two hundred fifty ($1,250.00) dollars, imprisonment for any term not exceeding ninety (90) days, and/or a period of community service not exceeding ninety (90) days for each offense. Each and every day that a violation is permitted to continue shall constitute a separate offense.
[Ord. #910, S2; Ord. #1007]
To assist in the enforcement of this section, a notice shall be included on all tax search and added assessment searches prepared by the tax collector of the Borough of Bogota stating that a certificate of continuing occupancy is required for a change in use and occupancy, sale or the vacation of any building or portion thereof used for residential, commercial or industrial purposes within the Borough of Bogota, provided however, that a failure to affix such notice shall not constitute a defense for the failure to obtain a certificate of continuing occupancy in violation of this article.
[Ord. #910, S3; Ord. #1007]
No certificate of occupancy or certificate of continuing occupancy shall be issued for any dwelling, including one (1) or two (2) family dwellings, unless smoke detections are installed in such dwellings in accordance with NFPA 74, Installation of Household Fire Warning Equipment, provided however, that in existing one (1) and two (2) family dwellings, approved smoke detectors powered by batteries may be used.
[Ord. #877, S1701; Ord. #1007]
The rules, regulations and standards set forth in this chapter shall be considered the minimum requirement for the protection of the public health, safety and welfare of the citizens of the borough. However, if a developer can clearly demonstrate that, because of peculiar conditions pertaining to the property or the proposed construction, the literal enforcement of this chapter is impracticable or will exact undue hardship, there may be permitted such exemption(s) and waiver(s) as may be reasonable within the general purpose and intent of the rules, regulations and standards established by this chapter. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deeds, restrictions or covenants, the most restrictive or that composing the higher standard shall govern. The use of titles for subparagraphs is solely for convenience and not by way of limitation or definition of the content or effect thereof.
[Ord. #877, S1702; Ord. #1007]
If any section, subsection, paragraph, subdivision, clause or provision of this chapter shall be adjudged by the courts to be unconstitutional or invalid, such adjudication shall apply only to the section, subsection, paragraph, subdivision, clause or provision so adjudged and the remainder of this chapter shall remain valid and effective.
[Ord. #877, S1703; Ord. #1007]
All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency or conflict, provided however, that the adoption of this chapter shall not bar or prevent the continuance or institution of any proceedings pursuant to any existing ordinance of the Borough of Bogota for offenses heretofore committed in violation of any such existing ordinance of the borough.
[Ord. #877, S1704; Ord. #1007]
This chapter shall take effect immediately upon passage, publication and filing with the Bergen County Planning Board according to law.
[Ord. #1355]
For the purpose of this section, the following definitions shall apply:
ATTIC
Shall mean the space between the ceiling beams of the top story and the roof rafters.
BASEMENT
Shall mean a story partly underground and having more than one-half (1/2) of its average clear height below the finished grade.
DWELLING UNIT
Shall mean any room or group of rooms located within a building forming a single habitable unit with facilities which are used, designed or arranged to be used for sleeping and cooking and/or sanitary purposes.
ILLEGAL CONVERSION
Shall mean a change in the use of any room, group of rooms, space or spaces whether or not any construction takes place, to create dwelling units without approval of the requisite agencies or boards of the Borough of Bogota and for which no dwelling certificate exists.
OCCUPYING
Shall mean using any room, group of rooms, space or spaces for a specific purpose, including but not limited to sleeping. There shall be a rebuttable presumption that any room or space which contains an assembled bed, daybed, futon, sofa bed or other convertible furniture is being utilized for sleeping purposes.
PERMITTING OCCUPANCY
Shall mean allowing a person or persons to utilize a room, group of rooms, space or spaces, for a specific purpose, including but not limited to sleeping. Any owner or operator of any premises shall be responsible for the utilization of any room, rooms, space or spaces within any premises under his or her ownership or control.
[Ord. #1355]
a. 
It shall be unlawful for an owner or landlord of a building to cause or permit occupancy of a basement, attic, garage, room or any space as a dwelling unit created by means of an illegal conversion.
b. 
It shall be unlawful for a tenant or any other person to occupy a basement, attic, garage, room, or any space as a dwelling unit created by means of an illegal conversion.
[Ord. #1355]
a. 
Any person, partnership, firm or corporation who or which violates subsection 21-18.2a or b shall be punished by one (1) or more of the following:
1. 
A fine of up to two thousand ($2,000.00) dollars. Where a fine in an amount greater than one thousand two hundred fifty ($1,250.00) dollars is sought to be imposed upon an owner for any violation of this section, a thirty-day period shall be provided in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before the Municipal Court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than one thousand two hundred fifty ($1,250.00) dollars may be imposed if the court has not determined otherwise, or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
2. 
Confinement in the municipal jail or in the County jail for a period not exceeding ninety (90) days.
3. 
A period of community service not exceeding ninety (90) days.
b. 
The minimum penalty or fine for the violation of any of the provisions of this section shall be one hundred ($100.00) dollars.
c. 
Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
d. 
In addition to the foregoing fines, any person, partnership, firm or corporation violating any of the provisions of this section within one (1) year of the date of a previous fine as a repeat offender, the additional fine shall not be less than the minimum, not exceed the maximum fine as set forth above and shall be calculated separate from the fine imposed for a violation of the provisions of this section.
e. 
The imposition of a penalty for a violation of this section shall not excuse the violation and shall not prevent the enforced removal of the prohibited conditions, and each day the prohibited conditions continue shall constitute a separate offense.
f. 
In addition to the above fines and penalties, any person, partnership, firm, corporation, owner or landlord who is convicted of a violation of subsection 21-18.2a of this section shall be required to pay an additional penalty of up to six (6) times the monthly rental paid by the displaced tenant of the illegal occupancy.
g. 
In addition to the above fines and penalties, any person, partnership, firm, corporation, owner or landlord who is convicted of a second or subsequent violation of subsection 21-18.2a of this section, where the illegal tenancy is determined to have resulted in a resident attending the Borough of Bogota public school system, may be assessed a penalty equal to the annual tuition cost for the student, prorated to the time of the student's ineligible attendance in the public school of the name of the municipality pursuant to The Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.). The Municipal Court and/or the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this subsection. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19. The tuition shall be computed on the basis of 1/180 of the total annual per pupil cost to the Borough of Bogota multiplied by the number of days of ineligible attendance based upon the illegal occupancy. The payment of the fines shall be remitted to the Bogota Board of Education. For the purposes of this section, the owner-landlord of a structure shall exclude mortgagees in possession of a structure through foreclosure. For the purpose of this section, a second or subsequent violation for an illegal occupancy shall be limited to those violations that are new and are a result of distinct and separate zoning or code enforcement activities, and shall not include any continuing violations for which citations are issued by a zoning or code enforcement agent during the time period required for summary dispossession proceedings to conclude if the owner has initiated eviction proceedings in a court of proper jurisdiction.
h. 
Any person convicted of a violation of this section, may, in the discretion of the court by which he or she was convicted, and in default of the payment of any fine imposed therefor, be imprisoned in the County jail or place of detention provided by the municipality, for any term not exceeding ninety (90) days, or be required to perform community service for a period not exceeding ninety (90) days.