[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to zoning, were repealed by Ordinance No. 1007.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.
(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:
[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:
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
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.
[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]
[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.
[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:
Shall mean the space between the ceiling beams of the top
story and the roof rafters.
Shall mean a story partly underground and having more than
one-half (1/2) of its average clear height below the finished grade.
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.
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.
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.
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.
