[Ord. No. 98-6 § 2,
Art. VIII § 15-56A]
Such regulations are deemed necessary to achieve the following
purpose:
a.
Promote orderly development: to protect the character and to maintain
the stability of all areas within the community and to promote the
orderly and beneficial development of such areas.
b.
Promulgate rules and regulations: to provide rules, regulations and
procedures where applicable and to the extent the same have not been
otherwise promulgated by ordinance in the Borough of Fairview which
will guide the appropriate development of lands within the Borough
in a manner which will promote the public health, safety, morals and
general welfare.
c.
To protect against hazards and danger: to secure safety from fire,
flood, panic and other natural and man-made disasters.
d.
Design standards: to encourage the design and location of streets
which will promote the free flow of traffic while discouraging the
location of such facilities and routes which will result in congestion.
e.
Creative development techniques: to promote a desirable physical
environment through creative development techniques, design and arrangement.
f.
Open spaces: to promote the conservation of open space and to protect
the natural resources and to prevent overcrowding through improper
land use.
[Ord. No. 98-6 § 2,
Art. VIII § 15-56B]
The applicant shall comply with reasonable conditions laid down
by the approving authority for design, dedication, improvements and
the use of the land to conform to the physical and economical development
of the municipality and to the safety and general welfare of the future
residents/owners in the development and the community at large. Where
County Planning Board review or approval is required on a subdivision
or site plan, the approving authority shall condition any approval
it grants upon either timely receipt of a favorable report from the
County Planning Board or approval by the County Planning Board due
to its failure to submit a report within the required time period.
If the County's report is timely and negative or attaches mandatory
conditions, the original action by the municipal approving authority
shall be void, and the application shall be denied, and a new resolution
shall be adopted which considers the County Planning Board's report.
[Ord. No. 98-6 § 2,
Art. VIII § 15-56C]
The approving authority, when acting upon applications, shall
have the power to grant such exceptions from the subdivision and site
plan requirements of this chapter as may be reasonable and within
the general purpose and intent of the provisions for subdivisions,
plat, site plan review and approval if the literal enforcement of
one or more provisions of this chapter is impracticable or will exact
undue hardship because of peculiar conditions pertaining to land in
question.
[Ord. No. 98-6 § 2,
Art. VIII § 15-56D]
The approving authority may waive required notices and hearings
for exempt subdivisions and exempt site plans except where a variance
or conditional use is part of the application. Divisions of land not
considered a subdivision as defined in this chapter shall be exempt
from compliance with the requirements of this chapter only after affirmative
action by the approving authority. Such action shall be taken following
submission of documentation to the approving authority showing the
division of land for agricultural purposes where all resulting parcels
are 10 acres or larger in size, divisions by testamentary or intestate
provisions, divisions of property by court order and conveyance so
as to combine existing lots by deed or other instrument, as the case
may be. Until exempted from the subdivision regulations by the approving
authority, no person can transfer, sell or agree to transfer or sell,
as owner or agent, any land which forms a part of a subdivision for
which approval is required. Until exempted from the site plan regulations
by the approving authority, no alterations or improvements shall be
made nor permits issued.
[Ord. No. 98-6 § 2,
Art. VIII § 15-56E]
a.
The approving authority shall have the power to act upon subdivisions,
conditional uses or site plans simultaneously without the developer
making further application or the approving authority being required
to hold further hearings. The longest time period for action by the
approving authority, whether it is for subdivision, conditional use
or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer in conjunction with a site plan
or subdivision, notice of the hearing on the plat shall include reference
to the request for such conditional use.
b.
The Board of Adjustment, when reviewing an application for a "d"
variance, shall have the power to grant site plan and subdivision
approval to the same extent and subject to the same restrictions as
the Planning Board.
[Ord. No. 98-6 § 2,
Art. VIII § 15-56F]
All use variance applications shall be accompanied by plans plus other supporting documents as required for subdivision and site plan approval. (See also § 25-308b)
[Ord. No. 98-6 § 2,
Art. VIII § 15-56G]
a.
An informal review of a concept plan is optional. At the request
of the developer, the Planning Board shall grant an informal review
of a concept plan for a development for which the developer intends
to prepare and submit an application for development. The purpose
will be to review concepts to assist the applicant in the preparation
of subsequent plans. Other than classification, no decisions will
be made, no hearings held and no formal action taken. Neither the
developer nor the approving authority shall be bound by this informal
review.
b.
Filing procedure and information for concept review.
1.
The developer shall file with the Secretary, at least 15 days prior
to the meeting of the approving authority, 16 copies of the concept
plan and five copies of the completed application form.
2.
The concept plan is considered a sketch or general plan neither fully
engineered nor surveyed. Information used to prepare the concept plan
can be available from secondary source information such as the Soil
Conservation Map or U.S. Geodetic Survey Maps, but should be sufficiently
detailed to allow the Planning Board to make suggestions on general
site design and layout for circulation, stormwater management, location
of open space and buffers and building arrangements and to determine
how the land use code affects the proposal.
[Ord. No. 98-6 § 2,
Art. VIII § 15-57]
Preliminary plats are required for all major site plans and
major subdivisions.
a.
Filing Procedure.
1.
The developer shall complete all portions of the application form
and, along with one copy of a plan, file with the administrative officer,
no later than 25 days prior to the date set for the hearing. This
initial application will be reviewed for completeness and returned
with notations and/or suggestions for the applicant to prepare the
final application. Within 15 days of the scheduled meeting the following
material must be submitted to the administrative officer: 16 copies
of the application, all plot plans, maps and other papers required
by virtue of any provision of this chapter, as well as the applicable
fee and certification by the Tax Collector that all taxes are paid
to date.
2.
A corporation or partnership applying for permission to subdivide
a parcel of land into six or more lots, or for a variance to construct
a multiple dwelling of 25 or more family units, or for approval of
a site to be used for commercial purposes, shall list the names and
addresses of all stockholders or individual partners owning at least
10% of its stock of any class or at least 10% of the interest in the
partnership, as the case may be. If a corporation or partnership owns
10% or more of the stock of a corporation, or a 10% or greater interest
in a partnership, subject to the above disclosure, that corporation
or partnership shall list the names and addresses of its stockholders
holding 10% or more of its stock or a 10% or greater interest in the
partnership, as the case may be, and this requirement shall be followed
by every corporate stockholder, or partner in a partnership, until
the names and addresses of the noncorporate stockholders and individual
partners exceeding the 10% ownership criterion established in this
subsection have been listed. No Planning Board, Board of Adjustment
or municipal Governing Body shall approve the application of any corporation
or partnership which does not comply with this requirement of N.J.S.A.
40:55D-48.1. The penalty for concealment by a corporation or a partnership
shall be as outlined in N.J.S.A. 40:55D-48.1.
3.
At the Board's discretion, the applicant may be required to include a complete environmental impact statement (§ 25-1009). The applicant may request a waiver of any or all of its requirements. If a waiver is requested, the approving agency shall either approve, approve in part or disapprove the request at the first regular meeting at which the application is heard. The applicant shall provide any required data at least 15 days prior to the date the approving authority is required to act.
b.
Action by Approving Authority.
1.
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified, in writing, within 45 days of submission in accordance with § 25-208.
2.
Public Hearing. If accepted as an application, a public hearing date
shall be set by the approving authority and notice given.
3.
Upon submission of a plat, the administrative officer shall submit
one copy of the plat and supporting data to the County Planning Board,
Municipal Engineer, Environmental Commission, Board of Health and
any other agency or person as directed by the approving authority
for review and action. Each shall have not more than 30 days from
receipt of the plat to report to the approving authority. In the event
of disapproval, such report shall state the reasons therefor. If any
agency or person fails to submit a report within 30 days, the plat
shall be deemed to have been approved by it. Upon mutual agreement
between the County Planning Board and the approving authority, with
approval of the developer, the thirty-day period for a County Planning
Board report may be extended for an additional 30 days, and any extension
shall so extend the time within which the approving authority is required
to act.
4.
The approving authority shall grant or deny preliminary subdivision
approval within the following time periods unless some further time
has been consented to by the developer. Otherwise, the approving authority
shall be deemed to have granted preliminary approval of the subdivision:
5.
The approving authority shall grant or deny preliminary site plan
approval within the following time periods unless some further time
has been consented to by the developer. Otherwise, the approving authority
shall be deemed to have granted preliminary approval of the site plan.
6.
If the approving authority required any substantial amendment in
the layout of improvements in either a site plan or subdivision, and
that plan had 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 approving authority shall, if the
proposed development complies with this chapter, grant preliminary
approval.
7.
The approving authority may approve, disapprove or approve with conditions the application, including action on the environment impact report (§ 25-1009). The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 25-408. If the approving authority grants preliminary approval, its Chairman and Secretary, or the Vice Chairman or Assistant Secretary in their absence, respectively, and the Municipal Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse.
8.
Preliminary approval shall, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval; otherwise the approval shall be void. (See § 25-208)
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions; off-tract improvements; and any requirements
peculiar to site plan approval except that nothing herein shall be
construed to prevent the Borough from modifying, by ordinance, such
general terms and conditions of preliminary approval as relate to
public health and safety.
(b)
That the applicant may submit for final approval on or before
the expiration date of preliminary approval the whole or a section
or sections of the preliminary plat.
(c)
That the applicant may apply for, and the approving authority
may grant, extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years.
9.
In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsections b8(a), (b) and (c) above for such period of time longer than three years as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
[Ord. No. 98-6 § 2,
Art. VIII § 15-58]
a.
Filing Procedure.
1.
Prior to the expiration of preliminary plat approval, the developer
shall file with the administrative officer, at least 15 days prior
to the meeting of the approving authority, two translucent tracing
cloth or Mylar copies; nine black-on-white paper prints of the plat;
two completed copies of the application form and final plat checklist;
the performance guarantee approved by the Governing Body, including
off-tract improvements, if any; any maintenance guaranties; the applicable
fee; certification by the Tax Collector that all taxes are paid to
date; certification by the Soil Conservation District pursuant to
the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws
of 1975; and if common open space lot or lots are included in the
application, a separate map showing the individual lot or lots that
are to be designated as common open space, which map shall have shown
thereon the data listed on the "Application Checklist" in Appendix
A.[1]
[1]
Editor's Note: Appendix A, referred to herein, is included as an attachment to this chapter.
2.
Where utility services are to be extended to the development, the
final plat shall be accompanied by letters directed to the Chairman
of the approving authority and signed by a responsible officer of
the water company, sewer authority and utility which provides gas,
telephone and electricity that has jurisdiction in the area. Such
letters shall approve each proposed utility installation design and
state who will construct the facility.
3.
The final plat shall be accompanied by a statement by the Municipal
Engineer that he is in receipt of a map showing all utilities and
other improvements (both in the development and off-tract improvements)
in exact location and elevation; that he has examined the street,
drainage erosion, stormwater control and excavation plans and found
that the interests of the Borough and of nearby properties are fully
protected and identifying those portions of any improvements already
installed; and that the developer has either:
b.
Action by Approving Authority.
1.
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified within 45 days of submission. (See § 25-208). If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat, and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a minor or exempt subdivision or minor or exempt site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.
2.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the administrative officer or within
such further time as may be consented to by the applicant. An approved
final plat shall be signed by the Chairman and Secretary of the approving
authority, or the Vice Chairman or Assistant Secretary in their absence,
respectively. Failure of the approving authority to act within the
period prescribed shall constitute final approval, and a certificate
of the administrative officer as to the failure of the approving authority
to act shall be issued on request of the applicant. Such certificate
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.
3.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the approving
authority shall condition any approval that it grants upon timely
receipt of a favorable report from the County Planning Board or upon
its failure to submit a report within the required time period.
4.
Final approval of a minor subdivision shall expire 190 days from
the date of municipal approval unless a plat in conformity with such
approval, including any conditions imposed by the approving authority,
and in conformity with 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 Municipal Engineer and the Borough Tax Assessor. Such plat or
deed accepted for such filing shall have been signed by the Chairman
and Secretary of the approving authority or the Vice Chairman or Assistant
Secretary in their absence, respectively. In reviewing the application
for development for a proposed minor subdivision the approving authority
may accept a plat not in conformity with the Map Filing Law, provided
that if the developer chooses to file the minor subdivision by plat
rather than deed, such plat shall conform to the provisions of the
law.
5.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such a period the plat shall
have been duly filed by the developer with the County Recording Officer.
The approving authority may for good cause shown extend the period
for recording for an additional period not to exceed 190 days from
the date of the signing of the plat. No subdivision plat shall be
accepted for filing by the County Recording Officer until it has been
approved by the approving authority as indicated on the instrument
by the signature of the Chairman and Secretary of the approving authority,
or the Vice Chairman or Assistant Secretary in their absence, respectively,
or a certificate has been issued as to the failure of the approving
authority to act within the required time. The signatures of the Chairman
and Secretary shall not be affixed until the developer has posted
the required guarantees. If the County Recording Officer records any
plat without such approval, such recording shall be deemed null and
void, and, upon request of the municipality, the plat shall be expunged
from the official records. It shall be the duty of the County Recording
Officer to notify the Planning Board, in writing, within seven days
of the filing of any plat, identifying such instrument by its title,
date of filing and official number.
6.
Provided that the approved final subdivision plat has been filed
with the County Recording Officer, the zoning requirements applicable
to the preliminary approval first granted to a site plan or a major
subdivision and all other rights conferred upon the developer pursuant
to the Municipal Land Use Law, whether conditionally or otherwise,
shall not be changed for a period of two years after the date of final
approval. If the developer has followed the standards prescribed for
final approval, the approving authority may extend such period of
protection for extensions of one year, but not to exceed three extensions.
Upon granting of final approval, the rights conferred upon the applicant
by the granting of preliminary approval shall be terminated upon final
approval.
7.
Provided that the approved final plat of a minor subdivision has
been filed with the County Recording Officer, 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 years after the date of minor subdivision approval.
8.
In the case of a subdivision or site plan for a planned development of 50 acres or more or a conventional subdivision or site plan of one 150 acres or more, the approving authority may grant the rights referred to in Subsection b, 6 and 7 above for such period of time longer than two years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for and the approving authority may thereafter grant an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
9.
The developer shall supply sufficient copies of the approved final
plat so the administrative officer can distribute one copy to each
of the following: Borough Clerk, Construction Official, Tax Assessor,
County Planning Board, Borough Planning Board and any other agency
or person directed by the approving authority, and shall supply one
translucent cloth or Mylar copy to the Municipal Engineer.
[Ord. No. 98-6 § 2,
Art. VIII § 15-59]
a.
Plat Conformity. All applications shall be submitted in plat form,
and all plats shall conform to the submission requirements. All plats
shall be drawn by a licensed land surveyor, and all drawings of improvements
shall be prepared by a professional engineer, and all such drawings
shall bear the signature, embossed seal, license number and address
of the preparer. Subdivision requirements are set forth in Forms 1
and 2 in Appendix A.[1]
[1]
Editor's Note: Appendix A, referred to herein, is included as an attachment to this chapter.
[Ord. No. 98-6 § 2,
Art. VIII § 15-60]
a.
Plat Conformity. All applications shall be submitted in plat form,
and all plats shall conform to submission requirements. All plats
shall be drawn by a licensed New Jersey land surveyor and shall bear
the signature, embossed seal, license number and address of the land
surveyor, except that plats submitted under the informal discussion
provisions and sketch plats of minor site plans are exempt from this
requirement. All drawings showing improvement designs shall bear the
signature and embossed seal, license number and address of a licensed
professional engineer of the State of New Jersey.
b.
Informal site plans for review and classification shall include the same data as required in Subsection 25-801.7 plus lot lines, proposed building(s), proposed use(s), parking, loading, on-site or on-tract stormwater detention facilities and water and sewer service.
c.
Preliminary Site Plan Plat.
1.
Every preliminary site plan shall be at a minimum graphic scale of
one inch equals 10 feet, 20 feet, 30 feet, 40 feet or 50 feet, certified
by a New Jersey licensed architect or engineer, including accurate
lot lines certified by a New Jersey licensed land surveyor and submitted
on one of four of the following standard sheet sizes: 8 1/2 inches
by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches, or 30
inches by 42 inches. The data shall be shown on the site plan or accompany
it, in accordance with checklist items set forth in Form 3 in Appendix
A.[1]
[1]
Editor's Note: Appendix A, referred to herein, is included as an attachment to this chapter.
2.
Site Plan Information for Preliminary and Final Approval. Each site plan shall include the following information and shall be designed to comply with Articles IV, V and VI.
(a)
Building and use plan. The plan shall allow the size, height,
location, arrangement and use of all proposed structures and signs,
including the architect's scaled elevation of the front, side and
rear of any structure and sign (existing structure shall be identified
either to remain or to be removed), and a written description of the
proposed use(s) of nonresidential buildings, including the number
of employees or members, the proposed number of shifts to be worked
and the maximum number of employees on each shift, expected truck
and tractor-trailer traffic, emission of noise, glare, vibration,
heat, odor, air and water pollution, safety hazards and anticipated
expansion plans incorporated in the building design. Floor plans shall
be submitted. In apartment and townhouse projects, the number of dwelling
units, by type, shall be shown.
(b)
Circulation plan. This plan shall show access streets by name,
acceleration/deceleration lanes, curbs, sight triangles, traffic channelization,
traffic signs, easements, fire lanes, driveways, parking and loading
spaces, pedestrians walks, bikeways and related facilities for the
movement and storage of goods, vehicles and persons. Sidewalks shall
be shown along expected paths of pedestrian travel, such as, but not
limited to, access from buildings to parking lots, driveways and other
buildings on the site. Any building expansion plans shall show feasible
parking and loading expansion.
(c)
Natural resources plan. This plan shall show existing and proposed wooded areas, buffer areas, including the intended screening devices and buffers, seeded and/or sodded areas, ground cover, retaining walls, fencing, signs, recreation areas, shrubbery, trees and other landscaping features. These plans shall show the location, number, species and caliper of plant material and trees to be located on the tract. All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purpose. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation as outlined under the soil erosion and sediment control regulations (§ 25-1020) and the flood-plain regulations (§ 25-1012), as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.
(d)
Facilities plan. This plan shall show the existing and proposed
locations of all drainage and stormwater runoff; open space; common
property; fire, gas, electric, telephone, sewerage and water line
locations; lighting and solid waste collection and disposal methods,
including proposed grades, sizes, capacities and materials to be used
for facilities installed by the developer. Installations by utility
companies need only show their locations on the plat. All easements
acquired or required on-tract and off-tract shall be shown, and copies
of legal documentation that support the granting of an easement by
the owner of an off-tract lot shall be included. All proposed lighting
shall include the direction, angle and height of each source of light.
All utilities shall be installed underground. All required State and
Federal approvals for environmental considerations shall be submitted
prior to preliminary approval or be a condition of approval. All public
services shall be connected to an approved public utilities system
where one exists.
(e)
Temporary contractor's construction structures and storage areas.
The location of all proposed trailers, warehousing, storage facilities
and temporary contractor's offices shall be shown giving consideration
to the proximity of residential development and located so that they
are not an eyesore to adjoining landowners and the passing public.
The landscaping plan shall show how these facilities will be screened
or buffered and how they will be maintained during construction by
the developer. The Construction Code Official or Borough Engineer
shall be authorized to grant temporary permits and exceptions to this
subsection when the trailers or storage facilities are of a small
size and are not to be in a location for more than 60 days.
d.
Final Site Plan Plat. The final plat shall follow preliminary site
plan requirements and shall include all changes required as a condition
of preliminary approval.
