[1980 Code § 128-49]
A.
The reviewing board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by Part 2, Land Subdivision and
Site Plan Review of this chapter for final approval, the conditions
of preliminary approval and, in the case of a major subdivision, the
standards prescribed by the Map Filing Law, N.J.S.A. 40:23-9.9 et
seq.
B.
Final approval shall be granted or denied within forty-five (45)
days after submission of a complete application to the Secretary of
the approving authority, or within such further time as may be consented
to by the applicant. Failure of the approving authority to act within
the period prescribed shall constitute final approval of the application
for final approval as submitted, and a certificate of the Secretary
of the approving authority as to failure of the approving authority
to act shall be issued on request of the applicant, and it shall be
sufficient in lieu of the written endorsement or other required evidence
of approval.
C.
A complete application for final approval shall consist of the following
where applicable:
1.
A properly completed final subdivision or site plan approval form.
3.
Twelve (12) copies of a site plan in final form and/or eight (8)
prints of the subdivision plat plan, in final form, to be drawn in
ink on tracing cloth, which shall contain the following:
a.
All details stipulated in § 40-904 of Part 2 of this chapter. All final plans or plats shall be drawn to the scale specified in the aforesaid section.
b.
All additional details required at the time of preliminary approval
shall be submitted.
c.
Detailed architectural and engineering data, including:
(1)
An architect's rendering of each building or a typical building
and sign, showing front, side and rear elevations.
(2)
Cross sections, profiles and established grades of all streets,
aisles, lanes and driveways, as approved by the Borough Engineer.
(3)
Plans and profiles of all storm and sanitary sewer and water
mains, as approved by the Borough Engineer.
(4)
All dimensions of the exterior boundaries of any subdivision
shall be balanced and closed to a precision of one to ten thousand
(1:10,000), and the dimensions of all lot lines to within one to twenty
thousand (1:20,000). All dimensions, angles and bearings must be tied
to at least two (2) permanent monuments not less than three hundred
(300) feet apart, and all information shall be indicated on the plat.
At least one (1) corner of the subdivision shall be tied to United
States Geological Survey bench marks, with data on the plat as to
how the bearings were determined.
4.
The final submission shall be accompanied by all of the following
documents:
a.
Applicant shall submit proof that local property taxes are paid
to the current date.
b.
Certification that the applicant is the owner of the land or
the latter's properly authorized agent, or that the owner has given
consent under an option agreement.
c.
Letters directed to the Chairman of the Board and signed by
a responsible official of the lighting agency, water company and of
any other utility company or governmental authority or district which
provides accessory utility service and has jurisdiction in the area,
approving each proposed utility installation design and stating who
will construct the facility so that service will be available prior
to occupancy.
d.
A statement from the Borough Engineer that he is in receipt
of a map showing all utilities in exact location and elevation, that
he has examined the drainage plan and found that the interests of
the Borough and neighboring properties are protected and that he has
identified those portions of any utilities already installed and those
to be installed. The applicant shall certify, in writing, to the Board
that he has:
e.
A statement from the Borough Engineer that all improvements installed prior to application have been inspected as provided in § 40-1301 of Part 2 of this chapter and that such improvements meet the requirements of the Borough. Any improvements installed prior to application for final approval that do not meet or exceed Borough standards shall be factored into the required performance guaranty. If applicable, an as-built map showing the exact location of all improvements, including utilities and their elevation, may be required.
[1980 Code § 128-50]
A.
The approving authority, 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 and approval of Part 2 of this chapter if the
literal enforcement of one (1) or more provisions of Part 2 of this
chapter is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
B.
The approving authority, when acting upon application for preliminary
site plan approval, shall have the power to grant such exemptions
from the requirements for site plan approval as may be reasonable
and within the general purpose and intent of Part 2 of this chapter
if the literal enforcement of one (1) or more provisions of Part 2
of this chapter is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
C.
The approving authority shall have the power to review and approve
or deny site plans simultaneously with review for subdivision approval
without the developer being required to make further application to
the approving authority or the approving authority being required
to hold further hearings. The longest time period for action by the
approving authority, whether for subdivision or site plan approval,
shall apply.
[1980 Code § 128-51]
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 40-907 of Part 2 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval, provided that, in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 40-1005 of Part 2 of this chapter. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in § 40-1005 of Part 2 of this chapter, the approving authority may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Notwithstanding any other provisions of Part 2 of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 40-907 of Part 2 of this chapter for the section granted final approval.
[1980 Code § 128-52; amended by Ord. No. 1348]
A.
Before recording of final subdivision plats or as a condition of
final site plan approval, the approving authority may require and
shall accept in accordance with the standards adopted by Part 2, Land
Subdivision and Site Plan Review, of this chapter for the purpose
of assuring the installation and maintenance of on-tract improvements:
1.
The furnishing of a performance guaranty in favor of the Borough
of Roselle Park in an amount not to exceed one hundred twenty (120%)
percent of the cost of installation for improvements it may deem necessary
or appropriate, including streets, grading, pavement, gutters, curbs,
sidewalks, streetlighting, shade trees, surveyor's monuments, as shown
on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9
et seq., water mains, culverts, storm sewers, sanitary sewers, or
other means of sewage disposal, drainage structures, erosion control
and sedimentation control devices, public improvements of open space
and, in the case of site plans only, other on-site improvements and
landscaping, provided that no more than ten (10%) percent of the total
performance guaranty shall be required to be in cash and the balance
shall be in the form of a bond from a bonding company approved by
the Mayor and Council of the Borough of Roselle Park. The Borough
Engineer shall review the improvements required by the approving authority
which are to be bonded and itemize their cost. The itemization shall
be the basis for determining the amount of performance guaranty and
maintenance guaranty required by the approving authority. The Borough
Engineer shall forward his estimate of the cost of improvements to
the applicant within thirty (30) days of the date of receipt of a
request sent by certified mail for the estimate.
2.
The furnishing of a maintenance guaranty to be posted with the Mayor
and Council for a period of not to exceed two (2) years after final
acceptance of the improvement in an amount not to exceed fifteen (15%)
percent of the cost of the improvement. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or the improvements are covered by a performance or
maintenance guaranty to another governmental agency, no performance
or maintenance guaranty, as the case may be, shall be required for
such utilities or improvements.
B.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be extended by the Governing
Body by resolution. As a condition or as part of any such extension,
the amount of any performance guaranty shall be increased or reduced,
as the case may be, to an amount not to exceed one hundred twenty
(120%) percent of the cost of the installation, as determined as of
the time of the passage of the resolution.
C.
If the required improvements are not completed or corrected in accordance
with the performance guaranty, the obligor and surety, if any, shall
be liable thereon to the Borough for the reasonable cost of the improvements
not completed or corrected, and the Borough may, either prior to or
after the receipt of the proceeds thereof, complete such improvements.
D.
Upon substantial completion of all required appurtenant utility improvements
and the connection of same to the public system, the obligor may notify
the Governing Body in writing, by certified mail addressed in care
of the Borough Clerk, of the completion or substantial completion
of improvements and shall send a copy thereof to the Borough Engineer.
Thereupon, the Borough Engineer shall inspect all improvements of
which such notice has been given and shall file a detailed report,
in writing, with the Governing Body, indicating either approval, partial
approval or rejection of such improvements, with a statement of reasons
for any rejection. The cost of the improvements as approved or rejected
shall be set forth.
E.
The Governing Body shall either approve, partially approve or reject
the improvements on the basis of the report of the Borough Engineer
and shall notify the obligor in writing, by certified mail, of the
contents of the report and the action of the approving authority with
relation thereto, not later than sixty-five (65) days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved, provided that thirty (30%) percent of the amount
of the performance guaranty posted may be retained to insure completion
of all improvements. Failure of the Governing Body to send or provide
such notification to the obligor within sixty-five (65) days shall
be deemed to constitute approval of the improvements, and the obligor
and surety, if any, shall be released from all liability pursuant
to such performance guaranty for such improvements.
F.
If any portion of the required improvements is rejected, the approving
authority may require the obligor to complete such improvements and,
upon completion, the same procedure of notification as set forth in
this section shall be followed.
G.
The obligor shall reimburse the Borough for all reasonable inspection
fees paid to the Borough Engineer for the foregoing inspection of
improvements, provided that the Borough may require of the developer
a deposit for all or a portion of the reasonably anticipated fees
to be paid to the Borough Engineer for such inspection.
H.
In the event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall
be applied by stage or section.
[1980 Code § 128-53; amended by Ord. No. 1348]
A.
Final approval of a major subdivision shall expire ninety-five (95)
days from the date of signing of the plat, unless within such period
the plat shall have been duly filed by the developer with the County
Recording Officer. The approving authority may for good cause shown
extend the period for recording for an additional period of not to
exceed one hundred ninety (190) days from the date of signing of the
plat.
B.
Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the approving authority or a copy of the certificate of the Secretary of the approving authority indicating that the approving authority failed to reach a decision on the subdivision application within the prescribed time. The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guaranties required pursuant to § 40-1005 of Part 2 of this chapter.
[1980 Code § 128-54]
A.
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent any land which forms a part of a subdivision for
which Borough approval is required by Part 2 of this chapter, such
person shall be subject to a penalty of not to exceed one thousand
($1,000) dollars, and each lot disposition so made may be deemed a
separate violation.
B.
In addition to the foregoing, the Borough may institute and maintain
a civil action:
