[Ord. No. 12-1]
This chapter shall be known and may be cited as "The Land Subdivision
Ordinance of the Borough of Cliffside Park."
[Ord. No. 12-2]
The purpose of this chapter is to provide rules, regulations
and standards to guide land subdivision in the borough in order to
promote the public health, safety, convenience and general welfare.
It shall be administered to insure orderly growth and development,
conservation, protection and proper use of land and adequate provision
for circulations, utilities and services.
[Ord. No. 12-4]
As used in this chapter:
DRAINAGE RIGHT OF WAY
Shall mean the lands required for the installation of storm
water sewers or drainage ditches, or required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage in accordance
with R.S. 58: 1-1 to R.S. 58:1-34.
FINAL PLAT
Shall mean the final map of all or a portion of the subdivision which is presented to the planning board for final approval in accordance with this chapter, and meeting the requirements of subsection
17-10.3 and which, if approved, shall be filed with the proper county recording officer.
LOT
Shall mean a parcel or portion of land separated from other
parcels or portions by description, as on subdivision or record of
survey map, or by metes and bounds for purpose of sale, lease or separate
use.
MASTER PLAN
Shall mean the zoning map, the assessment map or a composite
of the mapped and written proposals recommending the physical development
of the borough which has been duly adopted by the planning board.
MINOR SUBDIVISION
Shall mean any subdivision containing not more than two lots
fronting on an existing minor street, not involving any new street
or road or the extension of borough facilities, not adversely affecting
the development of the remainder of the parcel or adjoining property
and not in conflict with any provision or portion of the master plan,
official map, zoning chapter of this revision or of this chapter.
BOROUGH ENGINEER
Where certification is required from the borough engineer,
it may be made by any engineer duly licensed to practice in the state.
The services rendered to the subdivider by the borough engineer or
an engineer of the subdivider's choice shall be at the cost and expense
of the subdivider.
OFFICIAL MAP
Shall mean a map adopted in accordance with R.S. 40: 55-1.30,
et seq., or any prior act authorizing such adoption. Such map shall
be deemed conclusive with respect to the location and width of the
streets, public parks and playgrounds, and drainage rights of way
shown thereon.
OWNER
Shall mean any individual, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in the land, sought to be subdivided, to commence and maintain proceedings
to subdivide the same under this chapter.
PERFORMANCE GUARANTEE
Shall mean any security which may be accepted in lieu of
a requirement that certain improvements be made before the planning
board or other approving body approves a plat, including performance
bonds, escrow agreements and other similar collateral or surety agreements.
PLAT
Shall mean the map of a subdivision.
PRELIMINARY PLAT
Shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the borough clerk for planning board consideration and tentative approval and meeting the requirements of section
17-5.
SKETCH PLAT
Shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification, and meeting the requirements of section
17-5.
STREET
Shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing State, county or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approval by official action or a street
or way on a plat duly filed and recorded in the office of the county
recording officer prior to the appointment of a planning board and
the grant to such board of the power to review plats, And includes
the land between the street lines whether improved or unimproved,
and may comprise pavement shoulder, gutters, sidewalks, parking areas
and other areas within the street lines. For the purpose of this chapter,
streets shall be classified as follows:
COLLECTOR STREETS
Are those which carry traffic from minor streets to the major
system of arterial streets including the principal entrance streets
of a residential development and streets for circulation within such
a development.
MINOR STREETS
Are those which are used primarily for access to the abutting
properties.
MARGINAL ACCESS STREETS
Are streets which are parallel with and adjacent to arterial
streets and highways; and which provide access to abutting properties
and protection from through traffic.
SUBDIVISION
Shall mean the division of a lot, tract or parcel of land
into two or more lots, sites or other divisions of land for the purpose,
whether immediate or future, of sale or building development. The
following divisions shall not be considered subdivisions provided
that no new streets or roads are involved: divisions of property by
testamentary or intestate provisions, or divisions of property upon
court order. Subdivision also includes resubdivision and, where appropriate
to the context, relates to the process of subdividing or to the lands
or territory divided.
SUBDIVISION COMMITTEE
Shall mean a committee of at least three planning board members
appointed by the chairman of the board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter, and
such other duties relating to land subdivision which may be conferred
on this committee by the board.
SUBDIVIDER
Shall mean any individual, firm, association, syndicate,
copartnership, corporation, trust or any other legal entity commencing
proceedings under this chapter to effect a subdivision of land hereunder
for himself or for another.
[Ord. No. 12-5]
The approval provisions of this chapter shall be administered
by the council after favorable referral by the planning board in accordance
with R.S. 40:55-1.14.
[Ord. No. 12-6]
The rules, regulations and standards established in this chapter
shall be considered the minimum requirements for the protection of
the public health, safety and welfare of the borough residents. Any
action taken by the council and the planning board under the terms
of this chapter shall give primary consideration to the above mentioned
matters and to the welfare of the entire community. However, if the
subdivider or his agent can clearly demonstrate that, because of peculiar
conditions pertaining to his land, the literal enforcement of one
or more of the regulations is impracticable or will exact undue hardship,
the planning board and council may permit such variances as may be
reasonable and within the general purpose and intent of the rules,
regulations and standards established by this chapter.
[Ord. No. 8-76]
In all applications for subdivisions presented to the planning
board, the applicants therefor shall be required to pay to the borough
all reasonable and necessary sums incurred by the borough in connection
with professional services rendered as a result of the study and consideration
of such subdivision applications. These services shall include, but
not be limited to, engineers of all types, surveyors, law enforcement
personnel, fire department personnel, electricians, plumbers, etc.
At or after the first meeting of the planning board following the
initial subdivision application, the planning board may require the
applicant to deposit with the borough such monies as appear reasonable
to cover the probable sums to be expended for such professional services.
Payment of such deposit shall be necessary to perfect such subdivision
application. Upon completion of the consideration of the subdivision
application, the planning board shall notify the applicant of what
sums the applicant shall pay for the professional services aforesaid.
If a deposit has been made, and such deposit is in excess of the sums
assessed, such excess payment shall be returned to the applicant.
If the applicant is to pay any sums or additional sums, he shall make
such payment within seven days from notification. Failure to make
such payment shall subject the applicant to a penalty of twenty-five
($25.00) dollars per day for each and every day he is late in making
such payment. Complaint in such matter shall be heard in the municipal
court of Cliffside Park.
[Ord. No. 7-94]
Upon the approval of any minor or major subdivision, the applicant
shall pay to the Borough of Cliffside Park a fee of fifty ($50.00)
dollars per lot for the purpose of updating and amending the borough
tax map to reflect any necessary changes occasioned by said subdivision.
[Ord. No. 12-7]
An owner of land, prior to subdividing or resubdividing land,
as defined in this chapter, shall submit to the secretary of the planning
board at least two weeks prior to a regular meeting of the planning
board a sketch plat of the proposed subdivision for the purposes of
classification and preliminary discussion.
[Ord. No. 12-8]
If the proposed subdivision is classified and approved as a
minor subdivision by unanimous action of the subdivision committee,
a notation to that effect shall be made on the sketch plat. Where
county planning board approval is required, it shall then be forwarded
to the board for its consideration. The plat shall then be forwarded
to the mayor and borough clerk for their signatures and returned to
the subdivider within one week following the next regular meeting
of the council. No further approval by the mayor and council shall
be required.
[Ord. No. 12-9]
Before the borough clerk returns any approved sketch plat to
the subdivider, the subdivider shall furnish the clerk with sufficient
copies to furnish one copy to each of the following officials:
b. Borough engineer (if any).
c. Building inspector or zoning officer.
e. Secretary of the planning board.
f. County planning board (if any).
[Ord. No. 12-10]
A deed description or a plat map drawn in compliance with R.S.
46: 23-9.1 et seq., shall be filed by the subdivider with the county
recording officer within 90 days from the date of return of the approved
sketch plat.
[Ord. No. 12-11]
If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat which shall be returned to the subdivider for compliance with the procedure in section
17-8.
[Ord. No. 12-12]
a. At least six black on white prints of the preliminary plat, together
with three completed application forms for preliminary approval, shall
be submitted to the borough clerk two weeks prior to the planning
board meeting at which consideration is desired.
b. At the time of filing, a fee to be determined by the planning board
shall be paid to the borough clerk to cover the costs of publishing
the notice and notifying persons concerned of the pending hearing
on the subdivision.
c. The borough clerk shall immediately notify the secretary of the planning
board upon receipt of a preliminary draft.
[Ord. No. 12-13]
The subdivider shall notify by mail, at least five days prior
to the hearing, all owners of property within 200 feet of the extreme
limits of the subdivision as their names appear on the borough tax
record. The notice shall state the time and place of hearing, a brief
description of the subdivision and that a copy of the subdivision
has been filed with the borough clerk for public inspection. The borough
clerk shall also cause notice of the hearing to be published in the
official newspaper or in a newspaper of general circulation in the
borough at least ten days prior to the hearing.
[Ord. No. 12-14; amended 6-6-2023 by Ord. No. 2023-09]
Copies of the preliminary plat shall be forwarded by the secretary
of the planning board prior to the hearing to the following persons:
a. Borough engineer (if any).
c. Secretary of county planning board (if any).
d. Such other borough, county or state officials as directed by the
planning board.
[Ord. No. 12-15]
a. The planning board shall act on the preliminary plat within 90 days
after submission to the borough clerk, but in no case before the expiration
of the 20 days period within which the county planning board, if any,
may submit a report of the subdivision. In all cases, the recommendations
of the county board shall be given careful consideration in the final
decision of the borough planning board. If the county planning board
has approval authority pursuant to R.S. 40: 27-12, its action shall
be noted on the plat, and, if disapproved, two copies of the reasons
for disapproval shall be returned with the plat. If the borough planning
board or the council disapproves a plat, the reasons for disapproval
shall be stated in writing and remedied prior to further consideration.
The person submitting a plat shall be notified of the action of the
planning board within 90 days of its submission. If approval is required
by any other officer or public body, the same procedure as applies
to submission and approval by the county planning board shall apply.
b. If the planning board acts favorable on a preliminary plat, a notation
to that effect shall be made on the plat and it shall be referred
to the council for action. The council shall take action within 30
days. Its action shall be noted on the plat, signed by the mayor.
The plat shall then be returned to the subdivider for compliance with
final approval requirements.
[Ord. No. 12-16]
Preliminary approval shall confer upon the applicant the following
rights for a three year period from the date of approval:
a. That the general terms and conditions under which the preliminary
approval was granted shall not be changed.
b. That the applicant may submit on or before the expiration date the
whole or part of the plat for final approval.
[Ord. No. 12-17]
Before consideration of the final plat, the subdivider shall have installed the improvements required under section
17-6 of this chapter, or the planning board shall require the subdivider to furnish to the borough adequate performance guarantees to assure the installation of the required improvements.
[Ord. No. 12-18]
a. The final plat shall be submitted to the borough clerk for forwarding
to the planning board for final approval within three years from the
date of preliminary approval. The borough clerk shall immediately
notify the secretary of the planning board upon receipt of a final
plat. The planning board shall act upon the final plat within 45 days
after the date of submission for final approval to the borough clerk.
b. The original tracing, one translucent tracing cloth copy, two cloth
prints, ten black on white prints and three copies of the application
form for final approval shall be submitted to the secretary of the
planning board at least five days prior to the date of a regular planning
board meeting. Unless the preliminary plat is approved without changes,
the final plat shall incorporate all changes or modifications required
by the planning board.
c. The final plat shall be accompanied by a certificate of the borough
engineer that he is in receipt of a map which shows all utilities
in exact location and elevation, and which identifies the utilities
already installed and those to be installed. The certificate shall
also state that the subdivider has installed all required improvements,
or that the subdivider has posted a performance guarantee with the
borough clerk in sufficient amount and proper form to assure the completion
of all required improvements.
d. Any plat which required county planning board approval pursuant to
R.S. 40:27-12 shall be forwarded to the county planning board, if
any, for its action prior to final approval by the council.
[Ord. No. 12-19]
If the planning board favorably refers a final plat to the council,
the council shall take action not later than the second regular meeting
following the referral, noting its action on the plat. The mayor shall
affix his signature thereto, if the action is favorable.
Failure of the planning board and council to act within the
allotted time or a mutually agreed upon extension, shall be that deemed
to be approval and the borough clerk shall issue a certificate to
at effect.
[Ord. No. 12-20]
Upon final approval, copies of the final plat shall be filed
by the planning board with the following officials:
b. Borough engineer, if any.
e. County planning board, if any.
The final plat, after approval by the council, shall be filed
by the subdivider with the county recording officer within 90 days
from the date of such approval, and in default of such filing the
approval shall expire.
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No plat shall be accepted for filing by the county recording
officer unless it has been duly approved by the council and signed
by the mayor.
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[Repealed by Ord. No. 17-89, S15.3]
[Ord. No. 12-22]
The sketch plat shall be based on tax map information or on
some other similarly accurate base at a scale to enable the entire
tract to be shown on one sheet. It shall show or include the following
information:
a. The location of that portion which is to be subdivided in relation
to the entire tract.
b. All existing structures and wooded areas within the portion to be
subdivided and within 200 feet thereof.
c. The name of the owner and of all adjoining property owners as disclosed
by the most recent borough tax records.
d. The tax map sheet, block and lot numbers.
e. All streets or roads and streams within 500 feet of the subdivision.
[Ord. No. 12-23]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. It shall be designed and drawn by a land surveyor duly licensed by the state, or by a planner holding full or associate membership in the American Institute of Planners. The preliminary plat shall be designed in compliance with the provisions of section
17-12 of this chapter and shall show or be accompanied by the following:
a. A key map showing the entire subdivision and its relation to surrounding
areas.
b. The tract name, tax map sheet, block and lot number, date, reference
meridian, graphic scale and the names and addresses of the record
owners, of the subdivider and of the person who prepared the map.
c. The acreage of tract to be subdivided, to nearest tenth of an acre.
d. Sufficient elevations or contours to determine the general slope
and natural drainage of the land, and the high and low points and
tentative cross-sections and center line profiles for all proposed
new streets.
e. The location of existing and proposed property lines, streets, buildings,
water courses, railroads, bridges, culverts, drain pipes, and any
natural features such as wooded areas and rock formations.
f. Plans of proposed utility layouts (sewers, storm drains, water, gas
and electricity) showing feasible connections to existing or any proposed
utility systems. When an individual water supply or sewage disposal
system is proposed, the plan for such system shall be approved by
the appropriate local, county or state health agency. When a public
sewage system is not available the developer shall have percolation
tests made and submit the results with the preliminary plat. Any subdivision
or part thereof which does not meet with the established requirements
of this chapter or of other applicable regulations shall not be approved.
Any remedy proposed to overcome such situation shall first be approved
by the appropriate local, county or state health agency.
g. A copy of any protective covenants or deed restrictions applying
to the land being subdivided.
[Ord. No. 12-24]
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one inch equals 100 feet and in compliance with all
the provisions of R.S. 46:23-9.1, et seq. The final plat shall show
or be accompanied by the following information:
a. Date, name and location of the subdivision, name of owner, graphic
scale and reference meridian.
b. Tract, boundary lines, right of way lines of streets, street names,
easements and other rights of way, land to be reserved or dedicated
to public use, all lot lines and other site lines, all with accurate
dimensions, bearings or deflection angles and radii, arcs and central
angles of all curves.
c. The purpose of any easement of land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted.
d. Each block shall be numbered and the lots within each block, shall
be numbered consecutively beginning with number 1.
e. Minimum building setback line on all lots and other sites.
f. Location and description of all monuments.
g. Names of owners of adjoining unsubdivided land.
h. Certification by applicant's engineer or surveyor as to accuracy
of details of plat.
i. Certification that the applicant is agent for, or is owner of, the
land; or that the owner has given consent under an option agreement.
j. When approval of a plat is required by an officer or body of the
borough, the county or state, approval shall be certified on the plat.
k. Cross sections and profiles of streets, approved by the borough engineer
may be required to accompany the final plat.
l. Contours
at five foot intervals for slopes averaging ten percent or greater
and at two foot intervals for land or lesser slope.
m. Plans and profiles of storm and sanitary sewers and water mains.
n. Certificate from tax collector that all taxes are paid to date.
[Ord. No. 12-25]
Prior to the granting of final approval, the subdivider shall
have installed or shall have furnished performance guarantees for
the ultimate installation of the following improvements:
f. Shade trees, to be located on the street line so as not to interfere
with utilities or sidewalks. Such shade trees shall be of the maple
type.
g. Top soil protection: No top soil shall be removed from the site or
used as spoil. Top soil moved during the course of construction shall
be redistributed so as to provide at least six inches of cover to
all areas of the subdivision and shall be stabilized by seeding or
planting.
h. Monuments to be of the size and shape required by R.S. 46:23-9.4
and to be placed in accordance with such statute.
i. Water mains, culverts, storm sewers and sanitary sewers. All such
installations shall be properly connected with an approved system
and shall be adequate to handle all present probable future development.
[Ord. No. 12-26]
All improvements listed in subsection
17-11.1 shall be subject to inspection and approval by the borough engineer, who shall be notified by the developer at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.
[Ord. No. 12-27]
No final plat shall be approved by the planning board until the completion of all the required improvements have been certified to the planning board by the borough engineer as provided in subsection
17-9.2 (c), unless the subdivision owner files with the borough clerk a performance guarantee in favor of the borough and in an amount sufficient to cover the cost of all such improvements or uncompleted portions thereof as estimated by the borough engineer, and assuring the installation of such uncompleted improvements on or before an agreed date. Such performance guarantee may be in the form of a performance bond, which shall be issued by a bonding or surety company approved by the council; or of a certified check, returnable to the subdivider after full compliance; or by any other type of surety approved by the borough attorney.
The performance guarantee shall be approved by the borough attorney
as to form, sufficiency and execution. Such performance guarantee
shall run for a period to be fixed by the planning board but, in no
case, for a term of more than three years. However, with the consent
of the owner and of the surety, if there is one, the council may,
by resolution, extend the term of such performance guarantee for an
additional period not to exceed three years. The amount of the performance
guarantee may be reduced by the council by resolution when portions
of the required improvements have been installed.
[Ord. No. 12-28]
If the required improvements have not been installed in accordance
with the performance guarantee, the obligor and surety shall be liable
thereon to the borough for the reasonable cost of the improvements
not installed. Upon receipt of the proceeds thereof, the borough shall
install such improvements.
[Ord. No. 12-29]
The subdivider shall observe the requirements and principles
of land subdivision in the design of each subdivision or portion thereof,
as set forth in this chapter.
[Ord. No. 12-30]
The subdivision plat shall conform to design standards that
shall encourage good development patterns within the borough. Where
an official map or master plan, or both, has been adopted, the subdivision
shall conform to the proposals and conditions shown thereon. The streets,
drainage right of way, school sites, public parks and playgrounds
shown on an officially adopted master plan or official map shall be
considered in approval of subdivision plats. Where no master plan
or official map exists, streets and drainage rights of way shall be
shown on the final plat in accordance with R.S. 40: 55-1.20 and shall
be such as to lend themselves to the harmonious development of the
borough and to enhance the public welfare in accordance with the design
standards set forth herein.
[Ord. No. 12-31]
a. The arrangement of streets not shown on the master plan or official
map shall be such as to provide for the appropriate extension of the
existing streets.
b. Minor streets shall be so designed as to discourage through traffic.
c. Subdivisions abutting arterial streets shall provide a marginal service
road or reverse frontage with a buffer strip for planting or some
other means of separation of through and local traffic as the planning
board may determine appropriate.
d. The right of way width shall be measured from lot line to lot line
and shall not be less than the following:
1. Arterial streets: 80 feet.
2. Collector streets: 60 feet.
4. Marginal access streets: 40 feet.
5. The right of way width for internal roads and alleys in multi-family,
commercial and industrial development shall be determined on an individual
basis, and shall in all cases be of sufficient width and design to
safely accommodate the maximum traffic, parking and loading needs
and maximum access for firefighting equipment.
e. No subdivision that shows reverse strips controlling access to streets
shall be approved except where the control and disposal of land comprising
such strips has been placed in the council under conditions approved
by the planning board.
f. Subdivisions adjoining or including existing streets that do not
conform to width shown on the master plan or official map or to the
street width requirements of this chapter shall dedicate additional
width along one or both sides of the road. If the subdivision is along
one side only, only half of the required extra width shall be dedicated.
g. Grades of arterial and collector streets shall not exceed four percent.
Grades on other streets shall not exceed ten percent. No street shall
have a minimum grade of less than one-half of one percent.
h. Street intersections shall be as nearly at right angles as is possible,
and in no case shall be less than 60 degrees. The block corners at
intersections shall be rounded at the curbline with a curve radius
of not less than 20 feet.
i. Street jogs with center line offsets of less than 125 feet shall
be prohibited.
j. A tangent at least 100 feet long shall be introduced between reverse
curves on arterial and collector streets.
k. When connecting street lines deflect from each other at any one point
by more than ten degrees and not more than 45 degrees, they shall
be connected by a curve with a radius of not less than 100 feet for
minor streets and of not less than 300 feet for arterial and collector
streets.
l. All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance.
m. Dead end streets (cul-de-sac) shall not be longer than 600 feet and
shall provide a turn-around at the end with a radius of not less than
50 feet and tangent whenever possible, to the right side of the streets.
If a dead end street is of a temporary nature, a similar turn-around
shall be provided and provisions made for future extension of the
street and reversion of the excess right of way to the adjoining properties.
n. No street shall have a name which will duplicate or be likely to
IA confused with the name of an existing street. The continuation
of an existing street shall have the same name.
[Ord. No. 12-32]
a. Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area by the
zoning chapter of this revision, and to provide for convenient access,
circulation control and safety of street traffic.
b. In blocks over 1,000 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the planning board. Such walkway
shall be ten feet wide and be straight from street to street.
c. For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
[Ord. No. 12-33]
a. Lot dimensions and area shall be not less than the requirements of
the zoning chapter of this revision.
b. Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
c. Each lot shall front upon an approved street at least 50 feet in width, except lots fronting on streets described in subsection
17-12.3(d)(4) and
(5).
d. Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra width line, and all setbacks shall
be measured from such line.
e. Where there is a question as to the suitability of a lot for its
intended use due to factors such as rock formations, flood conditions
or similar circumstances, the planning board may, after adequate investigation,
withhold approval of such lots.
[Ord. No. 12-34]
a. In large scale development, easements along rear property lines or
elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and shall be located in consultation
with the companies or borough departments concerned.
b. Where a subdivision is traversed by a water course, drainage way
channel or street, there shall be provided a storm water easement
or drainage right of way conforming substantially with the lines of
such water course, and such further width or construction, or both,
as shall be adequate for the purpose.
c. Natural features such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any Subdivision containing
such features.
[Ord. No. 12-36]
In addition to any penalty set forth in section
3-7 of Chapter
3, if the streets in the subdivision are not such that a structure on the land in the subdivision would meet requirements for a building permit under R.S. 40:55-1.32, et seq., the borough may institute and maintain a civil action:
b. To set aside and invalidate any conveyance made pursuant to such
a contract or sale if a certificate of compliance has not been issued
in accordance with R.S. 40: 55-1.24, et seq. provided that the planning
board or a committee thereof meets regularly on a monthly or more
frequent basis and that the council has adopted standards and procedures
in accordance with R.S. 40: 55-1.20, et seq.
[Ord. No. 12-37]
In any civil action referred to in section
17-13 the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider of his assigns or successors. The lien shall secure the return of any deposit made, or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action shall be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of the land, or within six years, if unrecorded.
[Ord. No. 27-77]
The following fees, exclusive of site plan or other fees, shall
accompany the appropriate application. The fees shall be paid in cash
or certified bank check, payable to the Borough of Cliffside Park
as follows:
[Ord. No. 27-77]
Fifty ($50.00) dollars.
[Ord. No. 27-77]
Fifty ($50.00) dollars.
[Ord. No. 27-77]
Fifty ($50.00) dollars.
[Ord. No. 27-77]
One-hundred ($100.00) dollars plus twenty ($20.00) dollars for
each proposed lot.
[Ord. No. 27-77]
One-hundred ($100.00) dollars plus ten ($10.00) dollars for
each lot proposed.
[Ord. No. 27-77]
Fifty ($50.00) dollars plus twenty ($20.00) dollars for each
proposed lot.
[Ord. No. 27-77]
Fifty ($50.00) dollars plus ten ($10.00) dollars for each proposed
lot.
[Ord. No. 27-77]
Fifty ($50.00) dollars.
[Ord. No. 27-77]
The applicant shall deposit a sum sufficient to cover the engineering
review, investigation and inspection of bonded improvements together
with a sum sufficient in the opinion of the borough agency, to cover
legal and planning costs, recording fees and all other costs in connection
with the subdivision plat.
In the event such fees are insufficient to cover expenses, an
additional fee will be required to be posted to pay such additional
expenses.
[Ord. No. 27-77]
The following fees shall be applicable for the services described
herein:
a. Reproduction of minutes of meetings: twenty-five ($0.25) cents per
page.
b. Cost of stenographic or electronic transcripts: at cost to borough.
c. Certified list of persons requiring notice: ten ($10.00) dollars.
[Ord. No. 27-77]
In addition to the required filing, review and inspection fees
established herein, the applicant shall be required to establish one
or more escrow accounts with the borough to cover the reasonable costs
of professional review and inspection.
The escrow accounts shall be required for:
b. Preliminary or final minor subdivisions.
c. Preliminary or final major subdivisions.
d. Preliminary or final resubdivision plats.
e. Amended preliminary or final plat.
f. Any subdivision requiring conditional use approval, site plan approval,
planned development approval or a variance of any type.
Upon receipt of an application for one of the above applications,
the administrative officer shall send a copy of the application and
one set of all maps and reports to the municipal engineer, the planning
consultant and the borough agency's attorney, and any other professionals
authorized by the borough agency. Within seven days of the receipt
of same, the professionals shall submit an estimate of funds sufficient
in the amount to undertake technical reviews and findings of facts
relative to the application at hand. Such estimated fees shall be
approved by the borough agency. The applicant shall deposit forthwith
upon demand, funds to meet such estimates, which funds shall be required
to be placed in an escrow account by the borough treasurer to be used
as follows:
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1. The municipal engineer, planning consultant, borough agency's attorney
or any other professionals engaged shall submit vouchers for all necessary
fees for examination and review, which fees shall be paid in the ordinary
manner.
2. Any of the aforesaid monies left in the escrow account upon completion
of the project or phase of the application procedure, as the case
may be, shall be returned to the applicant as soon as possible.
3. Should additional funds be required after the original funds are
exhausted, such funds as shall, in the judgment of the borough agency,
be necessary, shall be paid by the applicant, to the borough treasurer
and placed in the appropriate account or accounts.
4. Upon receipt of sufficient funds for the escrow account, the administrative
officer shall notify the municipal engineer, planning consultant,
borough agency's attorney and any other professional engaged, that
all appropriate examination and reviews shall be undertaken.
5. The borough agency shall take no formal action unless all filing
and inspection fees and escrow funds have been paid to the borough
treasurer.