[Editor's Note: The power to regulate land development
is contained in N.J.S.A. 40:55D-1 et seq.]
[1979 Code § 21-1]
This chapter shall be known and may be cited as the Land Development
Ordinance of the City of Linden, 1977.
[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)
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| |
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Signature
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N.J. License No.
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| |
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Date
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EMBOSSED SEAL
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[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
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Right-of-Way
|
Pavement Width
| |
|---|---|---|---|
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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.
3.
Fenestration.
(a)
Glazing shall represent at least thirty (30%) percent of the
total facade area.
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.
