[1979 Code § 21-1]
This chapter shall be known and may be cited as the Land Development Ordinance of the City of Linden, 1977.
[Editor's Note: The power to regulate land development is contained in N.J.S.A. 40:55D-1 et seq.]
[1979 Code § 21-2]
The purpose of this chapter shall be to provide rules, regulations, and standards to guide land development in the City in order to provide for the orderly growth and development of the City and to promote the comfort, health, safety, convenience and general welfare of the City in conformance with the City's master plan zoning ordinance, and official map.
[1979 Code § 21-3]
The provisions of this chapter shall be administered by the Planning Board or Board of Adjustment in accordance with N.J.S.A. 40:55D-1 et seq., and pursuant to Chapter 28, Land Use Procedures.
[1979 Code § 21-4; New]
As used in this chapter:
Shall mean the secretary of the Planning Board or Board of Adjustment or the City Clerk, as the case may be, according to which of the agencies is involved in a particular instance.
Shall mean a minor way which is used primarily for vehicular service access to the rear or side of properties that otherwise abut on a street.
Shall mean a developer submitting an application for development.
Shall mean the application or appeal form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, conditional use, zoning variance or direction for the issuance of a special permit.
Shall mean an application for development that seeks the direction of the issuance of a special permit.
Shall mean the Planning Board of the City or the Board of Adjustment, unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.
Shall mean the area bounded by one (1) or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in this chapter.
Shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
Shall mean that area of a lot which is occupied by a building or structure, but not including uncovered walkways, steps, patios, or a parking lot or area of any similar improvements thereto.
Shall mean the vertical distance from the main point of the finished grade about the building to the highest point of the roof, but not including chimneys, spires, towers, elevators, penthouses, tanks, antennas, air conditioning equipment and similar projections; provided that such projections shall not cover more than five (5%) percent of the roof area.
Shall mean the municipal official specified in the building code and designated as such by the City Council. Also known as the Construction Code Enforcement Official.
Shall mean a structure in which is conducted the principal use of the site on which it is situated.
Shall mean a plan for soil erosion and sediment control which meets the Standard Control in New Jersey as promulgated by the State Soil Conservation Commission.
Shall mean a watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
Shall mean systems, structure and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or trans-shipment points.
Shall mean an open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the common use or enjoyment of residents and owners of the development.
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use that are contained in the zoning regulations, and upon approval of such use by the Planning Board.
Shall mean a right-of-way, dedicated to public use, to facilitate pedestrian access through a subdivision.
Shall mean a street or portion in which accessibility is limited to only one (1) ingress and egress.
Shall mean a portion of land surface or area from which earth has been or will be removed, dug, quarried, uncovered, displaced or relocated.
Shall mean calendar days.
Shall mean the legal or beneficial owner or owners, of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or any other person having an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining.
Shall mean a zoning ordinance, subdivision, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land or amendment thereto, adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
Shall mean any activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.
Shall mean the removal of surface water or groundwater from land by drains, grading or other means, and including control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or prevention of alleviation of flooding.
Shall mean any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one (1) or more persons. Hotels, motels, dormitories, fraternity or sorority houses, rooming or boarding houses and other similar group quarters and institutional living space shall not constitute a "dwelling" as defined in this chapter.
Shall mean a building occupied, or intended for occupancy exclusively for one (1) family or one (1) household with direct access from the outside and further provided with cooking, sleeping and sanitary facilities for the exclusive use of the occupants of the unit.
Shall mean a building occupied or intended for occupancy as separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which are separated from each other by vertical walls or horizontal floors, unpierced except for access to the outside or to a common basement or cellar.
Shall mean a building occupied or intended for occupancy as separate living quarters for more than two (2) families or more than two (2) households with direct access from the outside for each family or household or through a common hall, and further provided that separate cooking, sleeping, and sanitary facilities shall be provided for the exclusive use of the occupants of each dwelling unit. Certain features of a multiple-family dwelling may be provided in common, including heating facilities, electric and gas service, off-street parking, yard and open space. Multiple-family dwelling may include buildings in cooperative or leasehold ownership or in condominium ownership.
Shall mean one (1) or more rooms, occupied or intended for occupancy as separate living quarters by one (1) family or household and separate cooking sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants thereof.
Shall mean a use or burden imposed on real estate by deed or other legal means to permit the use of land by the public, a corporation, or particular person or persons for specified uses.
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
Shall mean one (1) or more persons living together as a single housekeeping unit.
Shall mean the official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or an approval conditional upon the posting of such guarantees.
Shall mean the sum of the gross horizontal areas of the several floors of a building measured from the exterior walls in a building. Floor area shall not include areas devoted to mechanical equipment serving the building, areas devoted exclusively to off-street parking and loading space for motor vehicles, any space where the floor-to-ceiling height shall be less than seven (7) feet.
Shall mean that portion of one (1) lot or more than one (1) which is improved or is proposed to be improved with principal and accessory buildings and structures, including driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface which are more impervious than the natural surface.
Shall mean any citizen of the State of New Jersey, in the case of a criminal or quasi-criminal proceeding; and in the case of a civil proceeding in any court of an administrative proceeding before a municipal agency, any person, whether residing within or without the City, whose right to use, acquire, or enjoy property is, or may be affected by any action taken under this chapter, or whose rights to use, acquire, or enjoy property under this chapter, or under any law of New Jersey or of the United States have been denied, violated, or infringed by an action or a failure to act under this chapter.
Shall mean and include improvements or fixtures on, above or below the surface.
Shall mean a designated parcel, tract or area of land, established by a plat or otherwise as permitted by law, to be used, developed or built upon as a unit.
Shall mean the commuted area, contained within the lot lines, but not including any street rights-of-ways.
Shall mean a line of record bounding the lot.
Shall mean the lot line opposite and most distant from the front lot line, or the point at which the two (2) side lot lines meet, as the case may be.
Shall mean any lot line other than a front or rear lot line. A side lot line separating a lot from a road is called a side road lot line.
Shall mean any security, other than cash, may be accepted by the City for the maintenance of any improvements required by this chapter.
Shall mean any subdivision not classified as a minor subdivision.
Shall mean any comprehensive plan consisting of mapped and written proposals duly adopted by the Planning Board for the future growth, protection and development of the City, recommending standards for the promotion of the comfort, convenience, public health, safety and general welfare of the community, and which shall have been duly adopted by the Planning Board.
Shall mean the chief executive of the City.
Shall mean a subdivision of land which does not result in more than three (3) lots or any new street or the extension of on or off-tract improvement.
Shall mean the Planning Board, Board of Adjustment or Governing Body or agency, created by or responsible to the City when acting pursuant to this chapter.
Shall mean N.J.S.A. 40:55D-1 et seq. as amended from time to time.
Shall mean a building which does not conform to one (1) or more of the regulations of the zoning regulations for the zone in which it is located.
Shall mean a lot the area, dimensions and location of which were lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
Shall mean a structure, the size, dimensions and location of which were lawful prior to the adoption, revision, or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
Shall mean a use or activity that was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
Shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application or within a contiguous portion of a street or right-of-way.
Shall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or for private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided, that such areas may be improved with only those building, structures, streets and off-street parking and other improvements which are designed to be incidental to the natural openness of the land.
Shall mean an individual firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided or developed to commence and maintain proceedings to develop the same under this chapter.
Shall mean any security which may be accepted by the City, including cash; provided, that the City shall not require more than ten (10%) percent of the total performance guarantee in cash.
Shall mean the Planning Board of the City.
Shall mean the map of a subdivision.
Shall mean the final map of all or portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations, and which, if approved shall be filed with the Clerk of the County of Union for recording in accordance with law. A plat which receives final approval shall have been prepared by a New Jersey licensed professional engineer or land surveyor in accordance with all of the provisions of N.J.S.A. 46:23-9.9 et seq.
Shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
Shall mean a conference attended by the Planner, Engineer, Zoning Officer, or their representative and other boards or agencies as may be required for a specific application.
Shall mean the conferral of certain rights as to site plans and major subdivision pursuant to N.J.S.A. 40:55D-49 prior to final approval and after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
Shall mean architectural drawings prepared during early and introductory stages of the design for a project, illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
Shall mean the land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel, and providing for the flows of water to safeguard the public against flood damage, sedimentation and erosion.
Shall mean an open space area conveyed or otherwise dedicated to the City, a municipal agency, the regional board of education, a State or County agency, or any other public body for recreational or conservational uses.
Shall mean the majority of the full authorized membership of a municipal agency.
Shall mean the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law. Not included are conveyances merely combining existing lots by deed or other instruments.
Shall mean solid material, both mineral and organic, that is in suspension, is being transported, or has been removed from its site of origin by air, water or gravity as a product of erosion.
Shall mean a barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, or silt or other material.
Shall mean the deposit of soil that has been transported from its site or origin by water, ice, wind, gravity or other natural means as a product of erosion.
Shall mean a development plan of one (1) or more lots on which is shown:
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structure and signs, lighting, and screening devices.
Any other information which may be reasonably required in order to make an informed determination as to approval of plan.
Shall mean a permit directed to be issued pursuant to section N.J.S.A. 40:55D-76 for a building or structure in the bed of a mapped street or public drainage way or flood control basin or public area, or for the erection of a building or structure on a lot which does not abut a street.
Shall mean standards adopted by this chapter regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste, discharge, screening or unsightly objects or conditions and such other similar matters as may be reasonably required by applicable Federal or State laws or municipal ordinances.
Shall mean any storm drainage technique which retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
Shall mean a permit issued by the Department of Environmental Protection under the provisions of N.J.A.C. 7:13-4.1 et seq.
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is:
An existing State, County and Municipal roadway.
Shown upon a plat heretofore approved pursuant to law.
Approved by official action as provided by this chapter.
Shown on a plat duly filed and recorded in the office of the County Recording Officer including the land between the street lines, whether improved or unimproved, and whether or not comprising pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas.
Shall mean used primarily for fast or heavy volumes of traffic and, generally, to proceed between major urban centers, or other large areas of development such as commercial centers, industrial areas, and concentrated residential communities through or around the locality of the City.
Shall mean those which carry traffic from local streets to the arterial streets and designed to have considerable continuity and traffic capacity.
Shall mean a local dead-end street terminating in a circular, or other turn-around area generally not used for ingress and egress by more than twenty (20) abutting lots and generally not longer than five hundred (500) feet.
Shall mean those streets which need be entered only for stopping at a destination on that street and which need not be used for general traffic circulation through the City.
Shall mean a continuous local street whose entrance and exit are parallel or nearly parallel to each other and generally not used for ingress and egress by more than fifty (50) abutting lots.
Shall mean any assembly of materials above or below the surface of land or water, including, but not limited to, buildings, paving, fences, dams, levees, bulkheads, dikes, jetties, embankments, wharves, piers, docks, landings, obstructions, pipelines, causeways, culverts, roads, railroads, bridges and the facilities of any authority, utility, municipality, County, State or other governmental agency.
Shall mean the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created.
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size.
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order.
Conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
Shall mean a committee of at least three (3) Planning Board members appointed by the chairman of the Board for the purpose of reviewing subdivisions in accordance with the provisions of this chapter and such duties relating to land subdivision which may be conferred on this Committee by the Board.
Shall mean an open space which lies between the principal or accessory building or buildings and the nearest lot line, unoccupied and unobstructed from the ground upward except as herein permitted.
Shall mean an open space extending the full width of the lot, measured from and at right angles to the front lot line, unoccupied and unobstructed from the ground upward.
Shall mean a yard extending across the full width of the lot measured from and at right angles to the rear lot line, unoccupied and unobstructed from the ground upward except as may be specified in this chapter or the zoning chapter.
Shall mean an open, unoccupied space measured from and at right angles to the side lot line of the lot and extending from the minimum front yard to the minimum rear yard, except as may be specified elsewhere in this chapter or the zoning chapter.
[1979 Code § 21-5; New]
All reference hereinafter to the Planning Board with regard to subdivision or site plan review shall apply to the Zoning Board of Adjustment when jurisdiction of the development plan review rests with the Zoning Board of Adjustment.
[1979 Code § 21-5.1]
a.
Sketch plats and preliminary site plans shall be filed with the Planning Board secretary at least twenty-one (21) days prior to the regular meeting of the Planning Board. At the time of application, the developer shall pay all fees and submit eighteen (18) copies of application, maps and other documents as required by this chapter.
b.
Minor Subdivision. The Planning Board or designated Subdivision Committee shall classify the application. If classified as a minor subdivision, the minor subdivision shall be approved or denied within forty-five (45) days of the date of submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant; it shall be sufficient, in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.31, the Planning Board shall condition any approval that it grants, upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
c.
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 Engineer and the Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the chairman and secretary of the Planning Board.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two (2) years after the date of minor subdivision approval; provided that the approved minor subdivision shall have been duly recorded as provided in this section.
d.
Before the Planning Board secretary returns any approved sketch plat to the subdivider, the subdivider, at his own expense, shall have sufficient copies made to furnish one (1) copy to the Planning Board secretary.
e.
Site plan approval shall not be required for single-family dwellings or two (2) family dwellings or for accessory structures of less than five hundred (500) square feet in gross floor area and less than fifteen (15) feet in height located in any nonresidential zone.
f.
With regard to the replacement and modernization of large sophisticated, specialized production and processing equipment essential to existing uses in the III zones, no site plan shall be required for the construction, reconstruction and replacement of such equipment located more than three hundred fifty (350) feet from a property line other than a right-of-way line of a freight railroad or public utility use, except that and notwithstanding the above, if in the opinion of the City Building Inspector, (Construction Official), such use is a major expansion of an existing operation, the Building Inspector shall be empowered and authorized to notify the applicant that site plan approval shall be required.
[1979 Code § 21-5.2; New]
a.
The developer shall submit to the Planning Board secretary eighteen (18) copies of the site plan application and such other information as required herein. If an application for site plan is found to be incomplete, the developer shall be notified by the Planning Board secretary within forty-five (45) days of the submission of such application or it shall be deemed to be properly submitted.
b.
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with the ordinance and this chapter, grant preliminary site plan approval.
c.
Upon the submission to the Planning Board secretary of a complete application for a site plan for ten (10) acres of land or less, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than ten (10) acres, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
[1979 Code § 21-5.3; New]
a.
Eighteen (18) black-on-white prints of the preliminary plat, completed application forms for preliminary approval, shall be submitted to the Planning Board secretary thirty (30) days prior to the Planning Board meeting at which consideration is desired. At the time of filing, fees shall be paid to the Planning Board secretary to defer administrative and review costs incurred by the City.
b.
The developer shall submit to the Planning Board secretary a plat and such other information as is required by this chapter. The plat and any other engineering documents to be submitted, shall be required in tentative form for discussion purposes for preliminary approval. If the application for development is found to be incomplete, the developer shall be notified thereof within forty-five (45) days of submission of such application or it shall be deemed to be properly submitted.
c.
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed subdivision complies with the ordinances and this chapter, grant preliminary approval to the subdivision.
d.
Upon the submission to the Planning Board of a complete application for a subdivision of ten (10) or fewer lots, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than ten (10) lots, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision.
e.
The developer shall notify by registered mail or certified mail at least ten (10) days prior to the hearing, all property owners within two hundred (200) feet of the extreme limits of the subdivision as their names appear on the municipal tax record. Furthermore, the developer shall comply with all provisions of N.J.S.A. 40:55D-12 as applicable.
Such notice shall state the time and place of hearing, a brief description of the subdivision and that a copy of such subdivision has been filed with the City Clerk for public inspection. The City Clerk shall also cause notice of the hearing to be published in the official newspaper of general circulation in the City at least ten (10) days prior to the hearing.
g.
If the Planning Board acts favorably on a preliminary plat, a notation to that effect shall be made on the plat.
[1979 Code § 21-5.4]
a.
Preliminary approval of a major subdivision pursuant to this chapter or of a site plan, except as provided in subsection 29-5.4d, confer upon the applicant the following rights for a three (3) year period from the date of the preliminary approval.
1.
That the general terms and conditions, on which preliminary approval was granted, shall not be changed. Such terms and conditions shall include, but not be limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to the site plan approval; except that nothing herein shall be construed to prevent the City from modifying by ordinance such general terms and conditions or preliminary approval as relate to public health and safety.
2.
That the applicant shall submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
3.
That the applicant may apply for and the Planning Board 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.
b.
In the case of a subdivision of or site plan for an area of fifty (50) acres or more, the Planning Board may grant the rights referred to in paragraph a., 3 hereinabove, for such period of time, longer than three (3) years, as shall be determined by the Planning Board to be reasonable taking into consideration:
c.
The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration:
1.
The number of dwelling units and nonresidential floor area permissible under the preliminary approval.
2.
The potential number of dwelling units and non-residential floor area permissible under the preliminary approval.
3.
Economic conditions.
4.
The comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
[1979 Code § 21-5.5]
a.
Before consideration of a final subdivision plat or final site plan, the developer will have installed the improvements required or the Planning Board shall require the posting of adequate performance guarantees to assure the installation of the required improvements at the time of final plan submission.
b.
It shall be expressly understood that, notwithstanding the posting of a performance guaranty for a lot in a major subdivision, no building permit shall be issued until the subdivider shall have installed the road subbase, road base and curbs in accordance with the City specifications and as certified by the Engineer, and until the underground utilities such as sewer, water, gas, storm drainage lines and all other underground work shall have been duly and properly installed. No occupancy permit shall be issued until a finished road base has been installed pursuant to specifications, and install all other improvements and conditions which may be required by the Planning Board, this chapter, and the uniform construction code has been properly complied with and approved and final plat approval granted. All such improvements shall be certified in writing by the Engineer or other designated administrative officer prior to the issuance of such certificate of occupancy.
[1979 Code § 21-5.6]
a.
The final plat shall be submitted to the Planning Board secretary within three (3) years from the date of preliminary approval. The Planning Board shall act upon the final plat within forty-five (45) days after the date of submission for final approval. Failure of the Planning Board to act within the period prescribed shall constitute final approval and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant; it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
b.
Whenever review or approval of the application by the County Planning Board is required pursuant to N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
c.
The original tracing and ten (10) copies of the application for final approval shall be submitted to the secretary of the Planning Board at least thirty (30) days prior to the date of the regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications by the Planning Board.
d.
The final plat shall be accompanied by a statement by the City Engineer that he is in receipt of a map showing all utilities or extensions thereof in exact location and elevation, identifying those portions already installed and those to be installed, and that the subdivider has complied with one (1) or both of the following:
f.
The final plat, after final approval, shall be filed by the subdivider with the County Recording Officer within ninety -five (95) days from the date of such approval. If any final plat is not filed within this period, the approval shall expire. The Planning Board may, for good cause, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat.
g.
No plat shall be accepted for filing by the County Recording Officer unless it has been duly approved by the Planning Board of the City and signed by the chairman and secretary of the Board.
[1979 Code § 21-5.7; Ord. No. 29-46 § 1; Ord. No. 39-34 § 1; Ord. No. 52-11 § 1; Ord. No. 58-55; amended 4-19-2022 by Ord. No. 66-27; 12-19-2023 by Ord. No. 67-75]
a.
Minor subdivision, two (2) lot minor subdivision, lot line adjustment, $1,200.
b.
Major subdivision sketch plat, $300 per lot.
c.
Major subdivision, preliminary plat map, three lots and greater, residential, $1,200 plus $150 for each lot.
Non-residential, commercial and industrial, $1,700 plus $250 for each lot.
d.
Final major subdivision plat maps, $500 per lot.
e.
Site Plan Applications.
3.
Concept Plan, residential minor and major subdivision, $1,000.
Commercial and all non-residential subdivision plans, $1,700.
4.
Modification of site plan, $400.
5.
Use and Bulk Variances.
(a)
All use "D" variances, bulk "C" variances and conditional use applications not requiring a site plan or subdivision approval, $1,700, plus $150 for each variance.
(b)
Use "D" variances, bulk "C" variance and conditional use applications with a site plan or subdivision, $1,200 plus the applicable site plan or subdivision fee and $150 for each variance.
f.
Extension of time for site plan, subdivision or variance, $700.
g.
Fee for zoning interpretation, $700, plus escrow.
[Ord. No. 60-1 § 2; Ord. No. 60-30]
a.
Except as herein exempted, no building permit shall be issued for the construction, structural alteration or relocation of any building or structure unless a site plan is first submitted and approved in accordance with this Chapter 29, Land Development, and no certificate of occupancy shall be issued unless all construction conforms to the approved plan.
b.
No site plan approval shall be required prior to issuance of a building permit or other required permit for any of the following:
1.
Single-family and two-family dwellings.
2.
Accessory structures, such as private garages, swimming pools, storage sheds, etc., which are incidental to single-family and two-family dwellings.
3.
Fences, provided that said fence does not violate a condition of prior variance approval, and further provided that if the proposed fence is to be located on a site developed for nonresidential use, said fence shall not alter the means of ingress and egress as approved by the Board.
4.
Paving of an unpaved driveway on property developed for single-family or two-family dwellings, provided that said paving shall not violate a condition of a prior variance approval.
5.
Interior alterations or work on exterior building facades, windows or roofing. However, issuance of a building permit for said work in no way limits the City's authority to require future site plan approval based upon the proposed use of the building.
6.
Building Additions.
(a)
Building additions which are less than five hundred (500) square feet, provided that said addition meets the following criteria:
(1)
It will not require any additional parking spaces.
(2)
It will not violate zoning regulations nor increase the extent of nonconformance with existing zoning regulations.
(3)
There will be no loading bay proposed as part of the addition.
(4)
There will be no chemicals or hazardous substances stored in the addition.
(b)
An affidavit stating compliance with paragraph b6(a)(4) shall be required to be submitted to the City Zoning Officer prior to issuance of a building permit. There shall be no more than one addition constructed under this provision within any two-year period without first requiring site plan approval.
7.
Request for approval by the City Zoning Officer for issuance of a motor vehicle dealership license as required by the State of New Jersey, provided that said license is required for an operation which is accessory to a principal permitted use, and further provided that a certification shall be signed by the applicant agreeing that he will not use the dealership license for the display of more than three vehicles.
8.
Any change of occupancy which does not meet the criteria established in subsection 29-5.10 for classification as a change of use.
9.
Overnight storage of no more than four (4) motor vehicles as defined in N.J.S.A. 39:1-1, excluding equipment, truck tractors and trailers, used by the approved business owning or leasing the property upon which such vehicles are stored; provided, however, that such motor vehicles must be removed for daily use during the regular business hours and days of such approved business.
11.
The replacement and modernization of large sophisticated, specialized production and processing equipment essential to existing uses in the H-I Zones, no site plan shall be required for the construction, reconstruction and replacement of such equipment located more than three hundred fifty (350) feet from a property line other than a right-of-way line of a freight railroad or public utility use, except that and notwithstanding the above, if in the opinion of the City Building Subcode Official the use is a major expansion of an existing operation, the Building Subcode Official shall be empowered and authorized to notify the applicant that site plan approval shall be required.
[Ord. No. 60-1 § 2; Ord. No. 60-30]
a.
A change in the occupancy of a building or the utilization of a building or land which meets any of the following criteria shall be determined to be a change of use under this chapter:
1.
The proposed use requires more off-street parking spaces than the previous use, based upon parking requirements in Chapter 31, Zoning;
2.
The proposed use has significantly different hours of operation than the previous use;
3.
The proposed use has special pickup and discharge or loading and unloading requirements which affect either on-site or off-site circulation; or
4.
The proposed use involves the storage or handling of chemicals or hazardous substances.
b.
All such changes of use shall require site plan approval prior to issuance of any required municipal permits.
c.
A signed affidavit stating that the proposed use does not meet any of the above criteria must be submitted to the City Zoning Officer prior to issuance of a certificate of occupancy.
[1979 Code § 21-6.1]
The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review if the literal enforcement of one (1) or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[1979 Code § 21-6.2]
The Planning Board, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review if the literal enforcement of one (1) or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[1979 Code § 21-7.1]
The sketch plat shall be based on tax map information or some other similarly accurate base at a scale not smaller than four hundred (400) feet to the inch and preferably two hundred (200) feet to the inch or larger to enable the entire tract to be shown on one (1) sheet and shall show or include the following information either on the plat plan or the accompanying application forms.
a.
A key map showing the location and approximate area of the subdivision in relation to the entire tract.
b.
A map of the entire tract of land being subdivided showing all existing and proposed property lines, tax map sheet number, block number and lot numbers, easements, rights-of-way, street names, power lines, structures, streams, drainage facilities, and wooded areas within the area of the entire tract. In the case of a major subdivision, the above information shall also be included for the entire tract and within one hundred (100) feet thereof.
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 signatures of the chairman of the Planning Board and the Planning Board secretary.
[1979 Code § 21-7.2]
a.
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not smaller than one inch equals one hundred (1" = 100') feet and shall be designed by a land surveyor licensed in the State of New Jersey or a professional engineer licensed in the State of New Jersey. The plat shall be designed in compliance with the design provisions 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 area of the subdivision in relation to the entire City:
1.
Title block:
(a)
Name of subdivision.
(b)
Name and address of subdivider.
(c)
Name and address of all property owners within two hundred (200) feet of the extreme limits of the subdivision.
(d)
Name, address and profession of the person who prepared the drawing together with his license number and seal.
(e)
Acreage of tract to be subdivided to nearest tenth of an acre.
(f)
Proposed number of dwelling units and type.
(g)
Scale.
(h)
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 the proposed site and within two hundred (200) feet of its boundary.
6.
Street right-of-way of subdivision and within two hundred (200) feet of its boundaries.
(a)
Name of each street.
(b)
Location and width.
(c)
Centerline elevation at intersections and other critical points.
(d)
Typical cross-sections and centerline profiles for all proposed new streets.
(e)
Other rights-of-way and easements on the subdivision, and within two hundred (200) feet of its boundaries.
(f)
Type of structure.
(g)
Location, invert elevations, gradients and sizes of all pipe and of all other structures where applicable.
(h)
Other utility structures such as water and gas mains and power lines on the subdivision, and within two hundred (200) feet of its boundaries.
(i)
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.
7.
Lot layout.
(a)
Lot lines and dimensions of each lot to the nearest hundredths of a foot.
(b)
Building setback lines, dash lines, and its dimensions from the street line.
(c)
Existing zoning and the boundaries thereof.
(d)
Identification of lots or parcels for land use and land to be reserved or dedicated to public use, if any.
(e)
Easements and restricted areas with notations as to purpose on restrictions.
8.
Existing buildings and other structures located on the subdivision and within two hundred (200) feet of its boundaries.
9.
Test hole data, which may be omitted from the preliminary plat if the information is not yet available, but shall contain the following data and certified by the City Engineer.
Date, location, and graphic representation of findings of all test holes including ground water level. One (1) test hole shall be required for each acre and each portion of an acre to be subdivided.
Locations where poor drainage conditions are found shall show critical conditions and the area affected by the poor drainage.
[1979 Code § 21-7.3]
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 inch equals one hundred (1" = 100') feet, in compliance with all the requirements for filing a map with the County Recording Officer and shall be designed in compliance with the provisions of Section 29-10. The final plat shall show or be accompanied by the same information required for preliminary approval in addition to the following:
a.
Each block and lot shall be numbered in conformity to existing tax map procedures.
b.
Bearing, deflection angles and radii, arcs and center angles of all curves.
c.
Contours at two (2) foot intervals extending two hundred (200) feet beyond the boundary of the subdivision.
d.
Certification that the applicant is either the owner or that the owner has given consent for the dedication of streets, alleys, easements and other rights-of-way and any lands for public uses.
e.
Certification from the Tax Collector that all taxes are paid to date.
f.
At least one (1) corner of the subdivision shall be tied to U.S.C.G.S. benchmark or benchmarks with date on the plat as to how the bearings were determined. Monuments, lots, corners and other survey points shall be located and described.
g.
When approval of the plat is required by any officer or body of the City, County, or State, approval shall be certified on that plat.
h.
When percolation tests 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.
i.
Public Improvement and Utility Plans and Profiles shall be declared as an integral part of the final plat submission and compliance therewith and with the final plat itself, this subdivision chapter and the City's specifications for public improvements and utilities shall be secured by the performance guarantee. The plans of the basic improvements and utilities shall include the same area with the same scale and title block as required on the preliminary plat.
[1979 Code § 21-7.4; Ord. No. 23-4 § 1]
a.
Preliminary and Final Plan Submission. Minor site plan shall be as specified hereunder and an applicant may prepare a minor site plan application drawn according to the standards and conditions specified below.
b.
Minor Site Plans. Minor site plan shall include the following:
1.
The property lines of the lot, based on a tax map or survey of the property.
2.
The names of the owners, tax map sheet, block and lot numbers.
3.
The names of the owners and tax map lot numbers of all adjoining properties and title of development, north point, scale, and name and address of record owner.
4.
A key map showing the relationship of the property to surrounding areas.
5.
The location of all existing structures and land uses, wooded areas, streets, roads and streams within and adjoining property.
6.
Proposed connections with existing water supply and sanitary sewerage system or alternative means of providing for water supply and sanitary waste disposal, and proposed or existing provision for collecting and discharging water drainage.
7.
The location of all proposed improvements, landscaping, outside lighting, signs and other improvements shall be shown drawn to scale or indicated in sketch form with dimensions and clearly located by dimensions to property lines or existing improvements.
8.
All means of vehicular access and egress to and from the site into public streets, showing the size and location of driveways and curb cuts, and acceleration and deceleration lanes. The plan shall further show the location of any adjacent driveways and street intersections located within fifty (50) feet of the property line.
9.
The location design of any off-street parking areas or loading area, showing size and location of bay, aisles, and barriers.
10.
Such other information or data as may be required in order to determine that the details of the site plan are in accord with the standards of all ordinances of the City.
11.
Preliminary Site Plan. A preliminary site plan shall be drawn by such New Jersey licensed professional person or persons, depending upon the nature of the information to be provided, in accordance with the latest adopted rules and regulations of the State professional boards and shall bear the signature, seal and license number and address of the professional person. The plan shall be drawn at a scale of not more than fifty (50) feet to the inch on one (1) of two (2) standard size sheets; namely, eighteen inches by twenty-four (18 x 24) inches or twenty-four by thirty-six (24 x 36) inches. If one (1) sheet is not sufficient to contain the entire property, the plan may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.
12.
After completing the construction of the site improvements delineated on the approved site plan the applicant shall apply to the Construction Official for final inspection and approval of the work. The applicant shall also file a written certification and two (2) copies of an as-constructed site plan, prepared by a New Jersey licensed professional engineer or architect, indicating that all site improvements have been constructed in accordance with the approved plan.
I HEREBY CERTIFY ALL SITE IMPROVEMENTS DELINEATED HEREON HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE APPROVED FINAL SITE PLAN WITH THE FOLLOWING EXCEPTION(S).
(None or List)
Signature | N.J. License No. |
Date | EMBOSSED SEAL |
[1979 Code § 21-7.5; Ord. No. 23-4 § 1; New]
a.
Major Site Plan. All site plans shall comply with the requirements set forth in subsection 29-10.4 and hereinafter except that in the L-I and H-I zones, wherein it is recognized that large acreage uses exist, a site plan, showing only the proposed improvements of that portion of the site, as well as the land and improvements, if existing, within one hundred (100) feet of the location of proposed improvements, shall be required in accordance with the applicable requirements as set forth herein below.
1.
Zone boundaries shall be shown on the site plan as they affect the parcel. Adjacent zone names shall also be indicated.
2.
Boundaries of the property, building or setback lines, and lines of existing streets, lots, reservations, easements and areas dedicated to public use.
3.
A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.
4.
Location of existing buildings which shall remain and all other structures including but not limited to walls, fences, culverts, bridges and roadways, with spot elevations of such structures. Structures to be removed shall be indicated by dashed lines.
5.
Locations of all storm drainage structures and utility lines whether public or private property owned with pipe sizes, grades and direction of flow; and if any existing utility lines are underground, the estimated location of any utility lines already underground shall be shown.
6.
Existing contours with intervals of one (1) foot where slopes are three (3%) percent or less, two (2) feet where slopes are more than three (3%) percent but less than fifteen (15%) percent and five (5) feet where fifteen (15%) percent or more, referred to known datum, and to be indicated by a dashed line. Where any changes in contours are proposed, finished grades shall be shown as solid lines.
7.
Location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas, single trees not in wooded areas with a diameter of six (6) inches or more as measured three (3) feet above the base of the trunk, and other significant existing features, including previous flood elevations or watercourses, ponds and marsh areas, if such information is available, or can possibly be determined by survey.
8.
Title of development, north point, scale, name and address of record owner, and name, address and New Jersey professional license number and the seal of an engineer, architect or surveyor preparing the site plan and the date of the site plan.
9.
A survey prepared by a licensed surveyor or professional engineer of the State of New Jersey shall accompany the site plan and shall show the boundaries of the parcel and the limits of all proposed streets, recreation areas, and other property to be dedicated to public use. The site plan may be accompanied by such other exhibits of an architectural or planning nature submitted by the applicant or as may be required by the Planning Board and in all cases, the plan shall be accompanied by a front elevation of the proposed buildings.
10.
All proposed easements, and public and community areas. All proposed streets with profiles indicating grading and cross-sections showing the width of the roadway, locations and width of the sidewalk, and location and size of utility lines, according to the standards and specifications of the City.
11.
The proposed use or uses of land and buildings and proposed locations of buildings, including proposed grades. Such features should be indicated on a separate drawing where deemed desirable by the City Engineer.
12.
All means of vehicular access and egress to and from the site onto public streets, showing the size and location of driveways and curb cuts including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width, and all other devices, road patterns, parking plans or other items designed and intended to alleviate congestion and traffic hazards. Paving and curb installation within the public right-of-way shall be in compliance with the applicable standards of this chapter.
13.
The location of all proposed water lines, valves and hydrants and of all sewer lines or alternative means of water supply or sewerage disposal and treatment in conformance with the applicable standards of the City.
14.
The proposed location, direction of illumination, power and type of proposed outdoor lighting.
15.
The proposed screening and landscaping, including a planting plan. Shade trees shall be installed along the public right-of-way in accordance with the applicable standards of the land development chapter.
16.
Proposed storm water drainage system in conformance with applicable standards of the City and further, such improvements shall be installed in compliance with the applicable standards of the land development chapter.
17.
Such other information or data as may be required by the Board in order to determine that the details of the site plan are in accord with the standards of the zoning chapter and all other ordinances of the City.
18.
Preliminary Site Plans. A preliminary site plan shall be drawn by such New Jersey licensed professional person or persons, depending upon the nature of the information to be provided, in accordance with the latest adopted rules and regulations of the State professional boards and shall bear the signature, seal and license number and address of the professional person. The plan shall be drawn at a scale of not more than fifty (50) feet to the inch on one (1) of two (2) standard size sheets; namely, eighteen by twenty-four (18 x 24) inches or twenty-four by thirty-six (24 x 36) inches. If one (1) sheet is not sufficient to contain the entire property, the plan may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.
19.
(Reserved)
[Deleted by Ord. No. 60-1]
b.
Utilities Approval Notice. Before or conditioned to Board approval of the site plan, the Board shall require, where applicable, that the applicant furnish:
1.
Approval of the plans for sewerage installation.
2.
Approved from the Health Officer as to the plan for carting away and disposal of garbage and trash and handling of same on premises.
3.
Approval of the City Fire Inspector as to matters pertaining to fire safety.
4.
Approval of the Elizabethtown Water Company indicating that adequate water facilities shall service the proposed use.
c.
Performance Guarantee. In approving the final site plan, the Planning Board shall require that the applicant furnish a performance guarantee to be approved by the City Planning Board Attorney, for the purpose of guaranteeing the completion of such items as set forth in the site plan, such as but not limited to drainage, streets, recreational areas, shade trees or shrubbery, where such improvements are ultimately proposed to be dedicated to the City. Where a site plan is to be developed in sections, the improvements in each section may be permitted to be bonded separately and the bond for each separate section released when completed although maintaining such bond on uncompleted sections.
d.
Conditions of Approval. Any change in site design subsequent to approval shall be regarded as a separate plan, and site development plans showing the proposed new design shall be submitted under the requirements of this section and shall be separately acted upon under the provisions set forth herein.
[Ord. No. 60-1 § 2; Ord. No. 60-30]
The Planning Board or Zoning Board of Adjustment, whichever is appropriate, in its sole discretion, may, as a condition of preliminary major subdivision or site plan approval, require the applicant to prepare, at his own expense, a Community Impact Statement prepared by a licensed professional planner in the State of New Jersey who is also a member of the American Institute of Certified Planners (AICP) describing and explaining the impact and effect of the proposed land development upon the City's educational system and other municipal facilities. The Board shall retain the right to select a qualified consultant to review the Community Impact Statement. In determining whether or not such a statement shall be required, the Board in question shall give consideration to the character and size of the development and the recommendations of the City's Board of Education, if any.
[Ord. No. 60-1 § 2; Ord. No. 60-30]
a.
The Planning Board, Zoning Board of Adjustment, whichever is appropriate, in its sole discretion, may require the applicant to prepare, at his own expense, a Traffic Impact Statement describing and explaining the impact and effect of the proposed land development upon all roads which are adjacent to or immediately affected by traffic. The Board shall retain the right to select a qualified consultant to review a Traffic Impact Statement. Such report shall be a requirement for all proposed developments generating one hundred (100) or more peak hour trips during the morning and evening as analyzed using the most recent edition of the Trip Generation Handbook of the Institute of Transportation Engineers, or as otherwise required by the reviewing Board.
b.
The Traffic Impact Statement shall be prepared by a licensed professional engineer in the State of New Jersey who is also certified as a Professional Traffic Operations Engineer (PTOE), and shall identify all relevant sources of information used in the preparation of said statement and shall, at a minimum, address the following:
3.
Traffic impacts caused by the proposed development as per change in existing conditions.
4.
Explanation of Traffic Reduction/Traffic Management Plans necessary pursuant to any current Federal, State or County requirements, and, where applicable, proposed interaction with appropriate County Transportation Management Areas (TMA).
5.
Recommendations for alleviating or diminishing any possible congestion or disruption to the established traffic pattern.
6.
Any other information requested by the appropriate board reasonably required to make an informed assessment of potential traffic impacts of a proposed development.
7.
Disposition. The Board shall not approve any submission unless it determines and finds that the proposed development will not result in appreciable harmful effects to traffic.
[1979 Code § 21-8]
The subdivider shall regard the following requirements and principles of land subdivision in the design of each subdivision or portion thereof. Prior to the granting of final approval, the subdivider shall have furnished performance guarantees for the ultimate installation of projection of the following items.
[1979 Code § 21-8.1; New]
a.
Development plans shall be served by paved public streets and all new streets shall be graded and provided with an all-weather base and pavement with an adequate crown in keeping with City specifications and standards. All major subdivisions shall have at least two (2) means of access via public streets, when feasible.
b.
The arrangements for new streets constructed or to be constructed in subdivision shall provide for the continuous extension of existing, mapped, or potential streets.
c.
No subdivision showing land reserved for dedication, 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 City Council after recommendation by the Planning Board.
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 provide setbacks of sufficient distances so that any new construction or additions to existing buildings will not be located on land that may be required for street widening purposes in order to provide for prospective traffic, access for fire fighting equipment to buildings and to be coordinated so as to compose a convenient system conforming to the official map, or if there is no official map, relating properly to the existing street system.
e.
The right-of-way width shall be measured from lot line to lot line. Right-of-way width and pavement shall not be less than the following:
Street Type | Right-of-Way | Pavement Width | |
|---|---|---|---|
1. | Arterial streets | 80 feet | 60 feet |
2. | Collector streets | 60 feet | 44 feet |
3. | Local streets | 50 feet | 36 feet |
The right-of-way width for internal roads and/or alleys in multi-family, commercial and industrial developments 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 fire fighting equipment. |
f.
The paving width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the City, County, or State engineers when such paving concerns roads under their jurisdiction and where such standards exist. Roads specifically serving industrial areas shall adhere to City standards designed for the development of industrial uses and shall be sufficient to handle voluminous traffic and heavy trucking.
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 point and the centerlines of both intersecting streets shall pass through a common point. Measuring from the common point, two (2) intersections shall be spaced at a minimum of one hundred fifty (150) feet. The block corners at intersections shall be rounded at the curb with a curb 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 over three (3) feet in height shall be permitted along or within the street right-of-way line within twenty-five (25) 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.
No street shall have a minimum grade of less than one-half of one (1/2%) 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:
k.
The use of cul-de-sac streets shall be discouraged. When they are deemed necessary by the Planning Board, they shall be so 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 forty (40) feet and tangent whenever practicable to the right side of the street.
l.
All driveways or other off-street parking areas shall have driveway aprons extending from the curb line to the front property line. The driveway aprons shall be at least 15 feet wide at the curb and a minimum of 12 feet at the property line and meeting the same construction specifications as the street. Continuous open driveways in excess of 15 feet resulting in the elimination of curbing along City streets shall be prohibited, unless otherwise approved by the City Engineer.
[Amended 7-21-2020 by Ord. No. 64-30]
m.
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 areas, yard, and parking requirements for such particular uses as expressed in the zoning chapter as well as providing for convenient access, circulation control and safety of street traffic.
n.
Lot dimensions and area shall not be less than the requirements of the zoning chapter and insofar as practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
o.
Where extra width has been dedicated for widening of existing streets, lots shall begin at the new line and all setbacks shall be measured from such new line.
p.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold favorable referral of such lots.
q.
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.
[1979 Code § 21-8.2; New]
a.
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.
b.
Street name signs meeting City specifications as to size, material and location shall be installed at the intersection of all streets. Where traffic control signs are deemed necessary by the Planning Board, the proper City, County or State Engineer shall be informed of the decision in order that the proper agency may consider the necessity of the installation. All signs shall be installed by the developer.
All street names and traffic control signs shall be installed free of visual obstruction.
[1979 Code § 21-8.3; New]
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 the installation of catch basins shall be according to the requirements of this chapter and the specifications of the City approved by the City Engineer or, in case of County or State road, the County Engineer or New Jersey Department of Transportation.
c.
Curbs and gutters shall be adequate to handle the maximum water run-off from tributary lands.
[1979 Code § 21-8.4]
a.
Sidewalks shall be provided along all streets in residential and commercial areas and shall be four (4) inches thick and at least four (4) feet wide, constructed of coarse concrete or equal, except that a sidewalk forming part of a driveway apron, shall be six (6) inches thick at a grade with abutting sidewalks and of the same construction materials as abutting sidewalks.
b.
Continuous paving shall also be available from the sidewalk to the main entrance or entrances of the building.
c.
All sidewalks shall be located a minimum of one (1) foot within the street right-of-way.
d.
All sidewalks shall have a slope of one-quarter inch per foot toward the gutter.
[1979 Code § 21-8.5; Ord. No. 60-1; Ord. No. 60-30]
Editor's Note: The Shade Tree Commission was replaced with the Shade Tree Advisory Board by Ord. No. 66-75. See Section 2-58.
a.
Shade trees shall be provided in all residential and nonresidential subdivisions. 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 and according to any standards adopted by the City Council or City Shade Tree Commission so as not to interfere with street paving, sidewalks, or utilities.
b.
All trees should be of nursery stock 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 City Shade Tree Commission.
[1979 Code § 21-8.6]
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 cover to all areas of the subdivision and shall be stabilized by seeding or planting.
[1979 Code § 21-8.7]
Monuments shall be 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 (1) 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. 46:23-9.11.
[Ord. No. 60-1 § 2]
a.
All open areas not utilized for parking areas, driveways, streets or roads, recreational facilities, patios or terraces shall be provided with lawns or other suitable growing ground cover, trees and shrubs.
b.
Continuous evergreen screening may be required along the tract boundary line, such screening to be no less than three (3) feet high when planted. In addition, the Planning or Zoning Board of Adjustment may, if conditions warrant, require supplemental screening by a solid fence up to six (6) feet in height.
c.
Shade trees shall be provided along walks, driveways, parking areas, streets and roads. Screening or buffers, consisting of berms, fencing and/or landscaping may be required around recreation, parking, utility and refuse disposal areas and around other similar areas at the discretion of the Planning Board.
d.
All landscaping shall be maintained in good condition and shall be replaced where necessary. Where yards, patios and gardens in multifamily developments are shielded with masonry walls, such walls shall conform architecturally to and be of similar materials as the principal buildings in the development.
e.
Not less than ten (10%) percent of the area of each parking area in excess of twenty thousand (20,000) square feet shall be suitably landscaped to minimize noise, glare and other nuisance characteristics as well as to enhance the aesthetics, environment and ecology of the site and surrounding area.
f.
Off-street parking areas shall be effectively screened by a berm, fence or wall not less than two (2) to three (3) feet in height, maintained in good condition; or a screening hedge or other natural landscaping. The screening as required by this section may be waived by the Board if, in its judgment, because of topographic or other unusual conditions, said screening is not necessary to protect adjoining property.
g.
Parking lots in excess of twenty thousand (20,000) square feet shall be planted with trees at a rate of one (1) tree per twelve (12) spaces. Parking shall not extend more than twenty (20) spaces without a tree island break.
h.
Whenever an off-street parking area exceeds one hundred (100) spaces, the area shall be divided into at least (3) sections with each section being separated by a curbed divided strip, a minimum of ten to fifteen (10-15) feet wide, landscaped with canopy trees as provided in such divider strip to provide adequate and safe lighting for the site. Such divider strip shall also be designed with a pedestrian route similar to a sidewalk which will provide safe access from the off-street parking area to the principal buildings on the site.
i.
At time of parking lot construction and planter installation, all planter islands shall be excavated to the full width of the parking planter island and through the full depth of compacted subgrade to remove all compacted material, or other material harmful to plant health, and backfilled with clean planting fill.
j.
Pedestrian walkways shall be landscaped with additional shade or ornamental trees equal to an average of one (1) shade tree per fifty (50) linear feet of walkway, unless the walkway is adjacent or included within an existing compliant buffer or frontage planting. One (1) shade tree shall be planted for each two-hundred (200) square feet of separate additional landscaped area.
k.
Landscape buffers facing Route 1/9 shall meet the following guidelines.
1.
A fifteen (15) to twenty (20) foot landscape buffer shall be required along the right-of-way and shall include canopy trees and groundcover. Optional understory and shrubs are permitted within the buffer and must follow the standards provided herein.
2.
The buffer along public streets shall include a berm ranging in height from one (1) to two (2) feet, maintaining a two (2)-foot height for at least forty (40%) percent of the overall length. The course and base of the berm shall meander where possible and have side slopes no greater than 4:1.
3.
Buffers smaller than ten (10) feet may be permitted by approval from the Board of Jurisdiction.
4.
Permitted features within front buffers. Sidewalks, signs, low wall and wrought iron picket fences; Additional features such as a knee walls and decorative wrought iron picket fencing are permissible with the following standards:
(a)
Frontage wall- Up to one-third (1/3) of the required percentage may consist of frontage walls. The frontage wall shall be a minimum height of eighteen (18) inches with a maximum height of twenty (24) inches and a minimum width of twelve (12) inches. The wall shall be constructed of stone, brick or stucco. The material shall complement the primary building's architecture.
5.
Prohibited Features in Front Landscape Buffers. Chain-link, wood or PVC fences, walls greater than two (2) feet, loading, service or dumpster areas or similar items may not be placed in the front buffer or in any additional open space adjacent to the street or any direction visible from the street.
[1979 Code § 21-8.8; New]
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 structure to carry off and store or discharge the storm water run-off and natural drainage water which originates and only within the property boundaries, but also that which originates beyond the property boundaries and flows onto the property.
b.
The Public Improvement and Utilities Plan and Profiles shall 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 run-off 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.
Valley gutters shall be permitted at intersections where they are parallel to the centerline of the through road and shall be constructed to specifications approved by the City Engineer. This shall be accomplished by gradually taking out the crown of the intersection street, starting from a point about thirty (30) feet from the flow line of the through street. At other than "T" intersections, valley gutters shall be permitted only when warranted by limited traffic use and never across heavily trafficked roads.
e.
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.
f.
Where a subdivision is transversed by a watercourse, ditch, brook, drainage-way 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. Such existing ditch or brook shall be offered for dedication to the City 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.
g.
Whenever the subdivider intends to change any watercourse, ditch, brook or stream in any manner, he must, prior to construction, obtain the written approval from the New Jersey Department of Environmental Protection for any changes he proposes to make to such watercourses, ditches, brooks or streams.
[1979 Code § 21-8.9]
a.
In large scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least fifteen (15) feet wide and located in consultation with the companies and City departments concerned.
b.
All public water, fire hydrants, storm sewer 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 shall carry out the construction, signed by a responsible official of the governmental authority or utility company which has jurisdiction in the area, shall be directed to the chairman of the Planning Board.
[1979 Code § 21-8.10]
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 treatment of the development.
b.
Natural fertility of the soil shall be preserved by disturbing it as little as possible.
[Ord. No. 60-1 § 2]
a.
Bicycle racks shall be provided for all multifamily and nonresidential developments at the ratio of one bicycle space for each dwelling unit and one bicycle space for each fifty (50) off-street parking spaces. At a minimum, bicycle parking for at least three (3) bicycles shall be provided.
[Ord. No. 60-1 § 2]
a.
The facades of structured parking shall be disguised facing public streets, public parking lots, plazas, and other locations that are highly visible from the public right-of-way using all of the following components.
b.
Design of parking facades shall be integrated into the design of the building, and shall be architecturally integrated with the building facade both horizontally and vertically. Parking facades shall be broken into structural bays, following the bay pattern of the building.
c.
The same type and quality of materials used elsewhere in comparable portions of building facades shall be employed for parking area facades.
d.
All garage areas shall include regular window-type openings. The openings shall either appear as larger storefront windows or mimic the upper-floor window typology of the buildings in which they are located. Garage facade openings shall be designed to shield possible vehicle headlamp glare and leakage to adjacent streets, driveways, or residential units by means of translucent glass, spandrel glass, or planted trellises.
e.
Translucent glazing and/or trellises with plantings shall be used to add visual interest to parking garage window openings. Trellises should provide a variety of textures, colors, and species; the plantings should remain green at all seasons of the year. Decorative window grilles are encouraged as well.
f.
Where structured parking is located adjacent to a street at the ground floor or a public parking lot, a planter or a planting bed shall be provided next to the building facade, with minimum depth three (3) feet measured perpendicular to the facade, to soften the parking visibility.
[Ord. No. 60-1 § 2]
a.
Applicability.
1.
All nonresidential buildings in the C-1, C-2(40), C-2 (60), C-2 (100), SA-1 and SA-2 Districts, whether newly constructed or substantially improved, shall comply with the regulations in this section.
2.
The project architect will be responsible for providing sufficient drawings, calculations and general notes to specifically identify how the proposed building complies with the regulations set forth below.
3.
The word "facade" as used in this subsection refers to the building wall facing the street. In most instances, this will only be the front wall. In the case of a corner building, the regulations apply to both building walls facing the street.
b.
Regulations.
2.
Articulation. Variation in the surface is to be achieved with a combination of some or all of the following features: bay windows, balconies, stoops and vertical and/or horizontal demarcations as stipulated below:
(a)
Vertical Demarcations.
(1)
A vertical demarcation shall be required at every twenty-five (25) linear feet or less of building facade.
(2)
A vertical demarcation having a depth of at least four (4) feet shall be required for every one hundred (100) linear feet of building facade.
(3)
Horizontal demarcations shall be required for any building taller than three (3) stories. A horizontal demarcation may be achieved by such elements as a cornice line, a course of brick or stone which projects or is differently colored or differently laid, or a floor (such as the ground floor) which has a different material from the main facade.
4.
Doorway.
5.
An active doorway shall face a public street.
[Ord. No. 60-1 § 2]
a.
Applicability.
1.
All nonresidential buildings in the C-1, C-2(40), C-2 (60), C-2 (100), SA-1 and SA-2 Districts, whether newly constructed or substantially improved, shall comply with the regulations in this section.
2.
The project architect will be responsible for providing sufficient drawings, calculations and general notes to specifically identify how the proposed building complies with the regulations set forth below.
c.
Articulation. Horizontal demarcations shall be required for any building taller than three (3) stories. A horizontal demarcation may be achieved by such elements as a cornice line, a course of brick or stone which projects or is differently colored or differently laid, or a floor (such as the ground floor) which has a different material from the main facade.
[1979 Code § 21-9.1]
A performance guarantee estimate shall be prepared by the City Engineer setting forth all requirements, as fixed by the Planning Board, and the estimated cost of providing same. The amount of the performance guarantee shall not exceed one hundred twenty (120%) percent of the cost of the installation or improvement.
The subdivider shall present two (2) copies of the performance guarantee in an amount equal to the amount of the approved performance guarantee estimate for approval as to form and execution by the Planning Board Attorney.
The performance guarantee shall be the approved performance guarantee estimate and a performance bond in which the subdivider shall be principal and an acceptable surety company licensed to do business in the State of New Jersey and cash which shall be deposited with the City by payment to the City Treasurer, shall be surety. The cash deposit shall not exceed ten (10%) percent of the performance guarantee estimate. The City Treasurer shall issue his receipt for such cash deposits and shall cause the same to be deposited in a bank named by, and at the risk of the subdivider in the name of the City to be retained as security for completion of all requirements and to be returned to the subdivider on completion of all required work and expiration of the period of maintenance guarantee or, in the event of default on the part of the subdivider, to be used by the City to pay the cost and expense of obtaining completion of all requirements. Every bond, whether cash or surety, shall contain a clause to the effect that a determination by the City Engineer that the principal has defaulted in the performance of his obligation, shall be binding and conclusive upon the surety and the principal.
In addition to the performance guarantee, a maintenance guarantee which shall not exceed fifteen (15%) percent of the cost of the improvements shall be posted with the City. The maintenance guarantee shall be in cash or equivalent security. The guarantee shall not exceed two (2) years after final acceptance of improvements.
The approved performance guarantee estimate shall fix the requirements of maintenance of the utilities and improvements to be installed and completed by the subdivider.
[1979 Code § 21-9.2]
All improvements and utility installations shall be inspected during the time of their installation under the supervision of the City Engineer to insure satisfactory completion. The cost of such inspection shall be the responsibility of the subdivider and he shall deposit with the City Treasurer additional sums upon notice from the City Engineer. The City Treasurer shall return any balance of the inspection deposit to the subdivider upon expiration of the maintenance bond.
A final inspection of all improvements and utilities shall be made to determine whether the work is satisfactory and in agreement with the approved final plat drawings and the City specifications. The general conditions of the site shall also be considered. Upon a satisfactory final inspection report, action shall be taken to release the performance guarantee covering such improvements and utilities.
[1979 Code § 21-9.3]
Inspection by the City of the installation of improvements and utilities by the subdivider shall not subject the City to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence, during construction, or at any time thereafter; responsibility for maintaining safe conditions at all times during construction and for providing proper utilities and improvements shall be the subdivider's and his contractors, if any.
[1979 Code § 21-9.4]
After completing the construction of the public improvements covered by the performance guarantee, the subdivider shall prepare a set of the approved Public Improvement and Utility Plans and the Profiles amended to read "as constructed" and apply to the City Engineer for final inspection of the work. The City Engineer shall report to the City Council on the condition of the work and recommend that the performance guarantee be released, extended or declared in default, in whole or part.
[1979 Code § 21-9.5]
The City Council shall, by resolution, release or declare in default, each performance guarantee. Such performance guarantee shall run for a period fixed by the City Council, but in no case for a term of more than three (3) years. However, on the request of the owner and accompanying consent of the surety, if there be one, the Council may by resolution extend the term of such performance guarantee for an additional period not to exceed three (3) years. The amount of the performance guarantee may be reduced by the Council by resolution when portions of the required improvements have been installed and have been inspected and approved by the City Engineer. If any improvements have not been installed in accordance with the performance guarantee, the obligator or surety shall be liable thereon to the City for the reasonable cost of the improvements not installed, as well as the cost of removing any work is properly completed; and upon receipt of the proceeds thereof, the City shall remove or install such improvements. The City shall have all other remedies as may be lawfully available.
[1979 Code § 21-10]
The subdivider shall file with the City Council a general liability insurance policy at the same time as he files his performance guarantee covering all operations in the development, including contractual liability with limits of not less than one hundred thousand ($100,000.00) dollars for bodily injury to each person and three hundred thousand ($300,000.00) dollars liability on the aggregate, for each accident, and property liability of fifteen thousand ($15,000.00) dollars for each accident and fifty ($50,000.00) dollars aggregate property damage liability. The City 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 City as an assured and provided that the City may nevertheless assert claims against the other assured.
Any subdivider commencing proceedings to subdivide land for himself or for another, according to the provisions of this chapter, shall save and hold the City, and the public, harmless from all losses and damages and from all claims for losses and damages that may result from or arise out of the action undertaken by the subdivider.
[1979 Code § 21-1.11]
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which, since June 13, 1951, formed part of such a subdivision, may apply in writing to the proper official, or if such official is unknown to the applicant, then to the Clerk of the City, for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board or City Council. 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. Any such application which is addressed to the City Clerk shall be deemed to be addressed to the proper designated official and the City shall be bound thereby to the same extent as though the same was addressed to the designated official.
[1979 Code § 21-11.2]
The City Council shall, by resolution, designate the Municipal Clerk, Municipal Engineer or some other official as the official who shall make and issue such certificates, and the official so designated shall issue such certificate within fifteen (15) days after the receipt of such written application and the fees, therefor. Such officials shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fees charged, in a binder as a permanent record in his office.
[1979 Code § 21-11.3]
Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:
a.
Whether there exists in the City a duly established Planning Board which meets regularly on a monthly or more frequent basis and whether there is an ordinance controlling subdivisions of land, adopted under the authority of this chapter.
b.
Whether the subdivision or resubdivision, as it related to the land shown in the application, has been approved by the Planning Board or City Council, and if so, the date of such approval.
c.
Whether such subdivision or resubdivision, if the same has not been approved, shall be exempt from the requirements of approval as provided in this chapter.
[1979 Code § 21-11.4]
The official designated shall be entitled to demand and receive for each such certificate issued by him a reasonable fee, not in excess of those provided in N.J.S.A. 54:5-14, 15. The fees so collected by such official shall be paid by him to the City.
[1979 Code § 21-11.5]
a.
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 City pursuant to the provisions of N.J.S.A. 54:5-23.
b.
If the official designated to make and issue any such certificate 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 land described in such application shall hold such free of any rights, remedy, or action which could be prosecuted or maintained by the City pursuant to the provisions of N.J.S.A. 54:5-23.
[1979 Code § 21-12.1; New]
If before final approval has been obtained, any person transfers or sells, or agrees to sell, as owner or agent, any land which forms a part of a subdivision which, by ordinance, the Planning Board or the Planning Board and the City Council, or either of them are required to act, such person shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5 and each parcel, plot or lot so disposed of shall be deemed a separate violation.
[1979 Code § 21-12.2]
In addition to the foregoing, if the streets in the subdivision are not such that a structure on such land in the subdivision would meet requirements for a building, the City may institute and maintain a civil action:
[1979 Code § 21-12.3]
In any such action, the transferrer, purchaser or guarantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or purchaser price paid, and also a reasonable search fee, survey expense, and title closing expense, if any. Any such action shall be brought within two (2) years after the date of the recording of the instrument or transfer sale or conveyance of such land or within two (2) years if unrecorded.
[Ord. 5/-/77 § 1104]
The prospective purchaser, prospective person interested in any land which forms part of a subdivision, or which, since the 13th day of June, 1951, formed part of such a subdivision, may apply in writing to the proper official, or if the official is unknown to the applicant, then to the City Clerk, for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board or Governing Body. Such application shall contain a diagram showing the location and dimension of the land to which they refer and the name of the owner thereof.
[Ord. 5/-/77 §§ 1105—1110]
The Governing Body in the municipality shall, by resolution, designate the Municipal Clerk, Municipal Engineer or some other official as the official who shall make and issue such Certificates, and the official so designated shall issue such Certificate within fifteen (15) days after the receipt of such written application and the fees therefor. The officials shall keep a duplicate copy of each Certificate, consecutively numbered, including a statement of the fees charged, in a binder as a permanent record in his office.
a.
Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:
1.
Whether there exists in the municipality a duly established Planning Board which meets regularly on a monthly or more frequent basis and whether there is an ordinance controlling subdivisions of land, adopted under the authority of this act.
2.
Whether the subdivision or resubdivision, as it relates to the land shown in the application, has been approved by the Planning Board or Governing Body, and if so, the date of such approval.
3.
Whether such subdivision or resubdivision, if the same has not been approved, is exempt from the requirement of approval as provided in this act.
b.
The official designated shall be entitled to demand and receive for each such certificate issued by him a reasonable fee, not in excess of those provided in Sections 14 and 15 of Chapter 5 of Title 54 of the Revised Statutes. The fees so collected by such official shall be paid by him to the municipality.
c.
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 municipality pursuant to the provisions of N.J.S.A. 54:5-23.
If the official designated to make and issue any such certificate 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 land described in such application shall hold such free of any rights, remedy, or action which could be prosecuted or maintained by the municipality pursuant to the provisions of N.J.S.A. 54:5-23.
d.
Any such application addressed to the Municipal Clerk of the municipality shall be deemed to be addressed to the proper designated official and the municipality shall be bound thereby to the same extent as though the same was addressed to the designated official.
[Ord. No. 60-1 § 2]
In the event that an applicant obtains site plan approval and thereafter applies for a certificate of occupancy without having first completed the improvements required by the approved site plan, the approving board, upon application, may authorize a certificate of occupancy to be issued if the applicant first supplies to the City a performance guaranty with sufficient sureties, in a form satisfactory to the Board Attorney, in an amount sufficient in the opinion of the City Engineer and Construction Official to ensure the completion of the improvement shown on the approved site plan.
[Ord. No. 60-1 § 2]
a.
Inspection fees shall be charged only for actual work shown on a subdivision or site plan required by the City. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents.
b.
The developer shall be required to deposit funds into an escrow account for the inspection fees pursuant to Section 29-23, paragraphs g and h.
c.
The amount of monies to be deposited with the City shall be as set forth in Section 29-23, paragraph g and h of this Chapter.
d.
The terms and provisions of Section 29-23, paragraph g and h, Inspection-Fees, shall apply to those inspection fees paid to the City under the terms and provisions of a Land Use Developer's Agreement, if any, whereby it was agreed by the developer that said inspection fees would be treated as a flat, non-escrow inspection fee.
e.
Refund of Monies in Escrow Account. The following close out and refund procedure shall apply to all deposits and escrow accounts established under the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and shall commence after the City has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved, in the case of improvement inspection escrows and deposits and the City has further determined that there is no longer any need to retain any escrow account:
1.
The applicant shall send written notice by certified mail to the City Chief Financial Officer and to the Engineering Department, as well as to the relevant City professional, that the application or the improvements, as the case may be, are completed.
2.
After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer within thirty (30) days and shall send a copy simultaneously to the applicant.
3.
The Chief Financial Officer shall render a written final accounting to the applicant on the uses to which the escrow account deposit was put within forty-five (45) days after the receipt of the final bill.
4.
Any balances remaining in the deposit or escrow account, including interest in accordance with the requirements of N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with the final accounting.
5.
In the event that an applicant requests a refund of any balances remaining in a deposit or escrow account and it is necessary for the City to provide additional professional services or inspection services relating to that development application, it will be necessary for developer to post a new deposit or escrow amount pursuant to this section as if it were a new development application.
6.
The City shall not be required to refund an amount of interest paid on a deposit which does not exceed one hundred ($100.00) dollars for the year. If the amount of interest exceeds one hundred ($100.00) dollars, that entire amount shall belong to the developer and shall be refunded to him by the City annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the City may retain for administrative expenses a sum equivalent to not more than thirty-three and one-third (33 1/3%) percent of that entire amount, which shall be in lieu of all other administrative and custodial expenses pertaining to the escrow account.
f.
Dispute of Charges.
1.
An applicant shall notify in writing the City Council with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for services rendered to the City in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L. 1975, c. 291 (C. 40A:55D-1, et seq.).
2.
The governing body or its designee shall, within a twenty-one (21) day period attempt to remediate any disputed charges. In the event that the matter is not resolved to the satisfaction of the applicant, the applicant may appeal, in writing, to the County Construction Board of Appeals established under Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127).
3.
An applicant filing an appeal shall simultaneously send a copy to the City approving agency, and any professional whose charge is the subject of the appeal.
4.
Any appeal shall be filed within forty-five (45) days from receipt of the informational copy of the professional's voucher, except that if the professional has not supplied the applicant with the informational copy of the voucher, then the applicant shall file his appeal within sixty (60) days from receipt of the municipal statement of activity against the deposit or escrow account.
5.
During the pendency of any appeal, the municipality or approving authority shall continue to process, hear and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow amount in the amount of any such disallowed charge or refund the amount to, the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
g.
Nonrefundable Inspection Fees.
1.
Minor Site Plan. No inspection fee shall be required for a minor site plan unless bonded improvements are required as part of the site plan approval. If a minor site plan requires bonded improvements an inspection fee of three hundred fifty ($350.00) dollars shall be paid by the applicant.
2.
Major Site Plan. Required inspection fees shall be paid prior to issuance of a development permit or signing of a final plat or, when authorization has been granted pursuant to the provisions of this Chapter, prior to the start of construction of any improvements before final plat approval. Such fees shall be paid for the section or sections for which final approval has been granted or in which the developer proposes to install improvements prior to final approval.
Inspection fees for Major Site Plan shall be:
3.
Off-Site Public Improvements in Connection with Site Plans or Subdivisions. Inspection fees shall be the same as those required for Major Subdivisions.
4.
Major Subdivisions. Required inspection fees shall be paid prior to issuance of a development permit or signing of a final plat, or where authorization has been granted pursuant to the provisions of this chapter, prior to the start of construction of any improvements before final plat approval. Such fees shall be paid for the lots in the section or sections granted in which the developer proposes to install improvements prior to final approval.
Inspection fees for Major Subdivisions shall be determined from the following table:
Estimated Cost of Improvements | Inspection Fee (% of the Estimated Cost of Improvements) |
|---|---|
Less than $10,000 | Ten percent ($350.00 min.) |
$10,000 but less than $50,000 | $1,000 + 8% of excess over 10,000 |
$50,000 but less than $150,000 | $4,500 + 7% of excess over $50,000 |
$150,000 but less than $500,000 | $12,000 + 6% of excess over $150,000 |
$500,000 but less than $1,000,000 | $34,000 + 5% of excess over $500,000 |
$1,000,000 but less than $3,000,000 | $60,000 + 4 1/2% of excess over $1,000,000 |
$3,000,000 or more | $150,000 + 4% of excess over $3,000,000 |
h.
Additional Inspection Fee Escrow for Excess City Expenses.
1.
If the Municipal Agency determines that a proposed development involves unusual or complicated aspects which could result in expenses to the City in excess of the inspection fees set forth above, the Municipal Agency may, as a condition of final approval, require the developer to provide an additional escrow deposit. Expenses in excess of the normal inspection fees may be deducted from the escrow deposit. Any balance shall be returned to the applicant upon release of performance guarantees and/or issuance of a final certificate of occupancy. In determining the amount of any escrow required, the Municipal Agency may consider: the duration and size of the project; unusual design aspects; the degree and extent of municipal inspection required and the extent of conformity to normal municipal design standards.
2.
For those developments for which the reasonably anticipated fees are less than ten thousand ($10,000.00) dollars, fees may, at the option of the developer, be paid in two (2) installments. The initial amount deposited by a developer shall be fifty (50%) percent of the reasonably anticipated fees. When the balance on deposit drops to ten (10%) percent of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining fifty (50%) percent of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are ten thousand ($10,000.00) dollars or greater, fees may, at the option of the developer, be paid in four (4) installments. The initial amount deposited by a developer shall be twenty-five (25%) percent of the reasonably anticipated fees. When the balance on deposit drops to ten (10%) percent of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of twenty-five (25%) percent of the reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.