[Ord. #679, S 601]
a.
Pursuant to the provisions of section 28, P.L. 1975, c. 291 approval of subdivision plats by resolution of the Planning Board shall be required as a condition for the filing of such plats with the County Recording Officer. Approval of site plans by resolution of the Planning Board shall be required as a condition for the issuance of a building permit and Certificate of Occupancy for development, except that subdivision or individual lot applications for detached one or two dwelling unit buildings shall be exempt from such site plan review and approval, provided that the resolution of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to Subsection 22-89.8, paragraph b of this chapter.
b.
When Required. Excepting single-family and two family residences,
site plan approval by the Planning Board shall be obtained prior to
the issuance of a building permit or Certificate of Occupancy for
the following uses and improvements;
1.
Any new building.
2.
Any addition to an existing building.
3.
Any parking area or addition thereto, including the curbing thereof,
and any alteration to the access thereto.
4.
Any change in the use of a building or lot when the new use requires
a larger number of off-street parking spaces than the prior use.
5.
Any change in the use of a building or lot when the new use is of
a significantly different nature than the prior use as to involve
greater risk of fire hazard, different on-site traffic considerations
or any other aspect of the operation which would involve different
considerations under the provisions of this chapter.
6.
Any modification to the exterior design of a nonresidential building
when such modification involves a change in roof line, facade materials
or exterior structural alteration.
7.
Any construction in the Flood Hazard Area Limit.
c.
Each application for subdivision approval, where required pursuant
to section 5 of P.L. 1968, c. 285, and each application for site plan
approval, where required pursuant to section 8 of P.L. 1968, c. 285
shall be submitted by the applicant to the County Planning Board for
review and approval, as required by the aforesaid sections, and the
approving authority 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.
[Ord. #679, S 601; Ord. #679-I-85-1; Ord. #679-M-86-12;
Ord. #06-16; Ord. #07-20; Ord. No. 2011-10]
a.
The applicant shall submit 15 copies of his complete application
for subdivision, site plan, or conditional use approval to the Secretary
of the Planning Board. The time for the Board's review shall not begin
to run until the submission of a complete application with the required
fee.
b.
The applicant shall first transmit two complete sets of plans, with
all supporting documents and data, to the Agency Secretary, who shall
forward them to the Zoning Officer for a completeness review. The
Agency Secretary and Zoning Officer shall within five days, review
the plan for completeness of application and compliance with the standards
set forth herein, and the Secretary of the Agency shall issue a letter
of comment or a Certificate of Proper Application. The applicant shall
comply with the Secretary's review comments, if any, and resubmit
plans as necessary. Upon determination by the Secretary of the Agency
that the original plans or the resubmitted plans contain the information
and data required by ordinance, the Secretary shall issue a Certificate
of Proper Application, which may include comments and recommendations
pertinent to the application, and shall then notify the applicant
to make submission for approval by the Board, including payment of
the required application fees. After receipt of the Certificate of
Proper Application, payment of the required fees and filing of the
required documents with the Secretary of the Agency, the application
shall be deemed to be properly submitted.
c.
A complete application for preliminary approval shall consist of
the following:
1.
Name and title of applicant, owner and person preparing map and/or
plan.
2.
Place for signature of Chairman and Secretary of Planning Board or
Zoning Board of Adjustment and Borough Engineer.
3.
Tax map lot and block numbers.
4.
Date.
5.
Title and key map (at a scale of 1"=2000', 2" square minimum) showing
the location of the development.
6.
Proposed use or uses of the land and buildings.
7.
Present map and/or plans at an engineer's scale no smaller than one
inch equals fifty feet nor larger than one inch equals twenty feet.
The size of sheets shall not exceed 36 inches by 24 inches.
8.
Scale and graphic scale.
9.
North arrow, in the same direction on all sheets.
10.
Survey of the property prepared by a licensed land surveyor of the
New Jersey, showing boundaries of properties, line of all existing
streets and roads, easements, rights-of-way and areas dedicated to
public use within 200 feet of the development. This sheet should also
contain the North arrow, scale in feet and graphic scale, name and
address and professional license number and seal of the person who
prepared the survey.
11.
The names of all owners of record of all adjacent properties, with
lot and block numbers, parcel numbers and tax map numbers, within
200 of the property.
12.
Show existing and proposed buildings with dimensions showing the
first floor elevation, present and finished grade elevations at all
corners and entrances. Present buildings and structures to be removed
should be indicated.
13.
A topographic map to delineate existing contours at two-foot intervals,
up to 10 feet beyond property lines, as well as proposed grading and
contours, wooded areas, trees (where four inches or greater in diameter
measured two feet above ground level for the area to be disturbed),
floodplain zone, ponds, streams and drainage ditches and any other
geographical features.
14.
The location of all existing and proposed structures, i.e. walls,
fences, culverts, bridges, roadways, etc., with grade elevations for
each structure.
15.
Existing zones of the development site and any different zones within
200 feet of the property.
16.
The distance in feet from the property line (measured along the center
line of the existing street abutting the property) to the nearest
intersection.
17.
The boundaries of the property, building and setback lines, lines
of existing streets, lots, reservations, easements and areas dedicated
to public use.
18.
Locations of all utility structures and lines, existing and proposed
sanitary sewer/storm water drainage on-site and any proposed sanitary
sewer/storm water drainage improvements off-site, as well as telephone,
power and light, water, hydrant locations, sewer, gas, etc., whether
privately or publicly owned, with manholes, inlets, pipe sizes, grades,
inverts and directions of flow.
19.
Location, size and nature of the entire lot or lots in question;
the location of contiguous lots owned by the applicant or owner of
record or in which the applicant has a direct interest, even though
only a portion of the entire property is involved in any development.
Provide on a key map, if necessary.
20.
All proposed easements and public and community areas.
21.
All means of vehicular ingress and egress to and from the site onto
public streets, showing the size and location of driveways, curb cuts
and curbing, sight lines and radii.
22.
Location and design of off-street parking areas, showing their size
and the locations of internal circulation, traffic patterns, parking
spaces, aisles, driveways, curbing, barriers and wearing surface finishes
and construction.
23.
Location, arrangement and dimensions of truck loading and unloading
platforms and docks.
24.
Indicate provisions for refuse and garbage disposal. Ensure that
areas are not exposed to view, are unpolluting, covered from weather
and are secure from vandalism.
25.
Provisions for screening of storage equipment, attached or separate
from buildings.
26.
All existing or proposed exterior lighting (freestanding and/or on
a building) for size, nature of construction, lumens, heights, area
and direction of illumination, footcandles produced, as well as time
controls proposed for outdoor lighting and display.
27.
All existing and proposed signs and their sizes; nature of construction
and location, height and orientation, including all identification
signs, traffic-directional signs and arrows, freestanding and façade
signs and time control for sign lighting, if any.
28.
Locations, dimensions and construction of off-site sidewalks, on-site
exits, walks and sidewalks. Provision should be made for pedestrian
safety, access ways and, where necessary, a bicycle system and racking.
29.
Proposed screening, green areas, landscaping and fencing, including
a planting plan and schedule (sizes, types and numbers).
30.
Improvements to adjoining streets and roads and traffic control devices
necessary in streets or highways. Acceleration and deceleration lanes,
paving, land dedication or acquisition for roads should also be shown.
31.
Copies of any covenants and deed restrictions intended to cover any
area of the development site.
32.
Elevations, sketches, renderings or pictures of any new buildings
or structures.
33.
Preliminary architectural floor plans and elevations with the name,
address, professional number and seal of the architect.
34.
For fire prevention, must show consideration for service lines, hydrants,
Siamese connections, automatic sprinkler systems, no-parking fire
zones and pavement and wall signs.
35.
Dimensions of all of the above on the map or plan so that the scaling
will not be necessary.
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Checklist Items for sustainable building practices (Sustainable
Sites):
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The following checklist items relate to "sustainable building
practices." Applicants are required to provide all the following items,
but these items are not required for submission.
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36.
Site Selection: Have you avoided development of inappropriate sites
and reduced the environmental impact from the location of a building
on the site?
37.
Development Density & Community: Is development in areas with
existing infrastructure, protecting greenfields and preserving habitats
and natural resources?
38.
Brownfield Development: Are you rehabilitating damaged sites where
development is complicated by environmental contamination, reducing
pressure on undeveloped land?
39.
Alternative Transportation-Public Transportation Access: Is the development
near public transportation sites?
40.
Alternative Transportation-Bicycle Storage and Changing Rooms: Do
bicycle storage areas and changing rooms exist?
41.
Site Development-Protect or Restore Habitat: Are you conserving existing
natural areas and restoring damaged areas to provide habitat and promote
biodiversity?
42.
Stormwater Design-Quantity Control: Have you taken steps to limit
disruption of natural water hydrology by reducing impervious cover,
increasing on-site filtration, reducing or eliminating pollution from
stormwater runoff and eliminating contaminants?
43.
Stormwater Design-Quality Control: Have you taken steps to limit
disruption and pollution of natural water flows by managing stormwater
runoff?
44.
Heat Island Effect: Have you provided shade, paving materials with
solar reflectance index of at least 29, or do you have an open grid
pavement system or is 50% of your parking spaces under cover?
45.
Heat Island Effect-Roof: have you taken steps to reduce the amount
of heat that is reflected off of your roof?
46.
Light Pollution Reduction: Have you taken steps to minimize light
trespass from the building and site, reduce sky-glow to increase night
sky access, improve nighttime visibility through glare reduction and
reduce development impact on nocturnal environments?
47.
Have you used building massing to gather wind for the dispersion
of air pollutants?
48.
Have you used building massing to mitigate noise pollution?
49.
Have you used building massing and vegetated screening to gather
wind for the filtration/dispersion of air pollutants?
50.
Have you used roof-top gardens and adjacent courtyards to mitigate
air pollution and noise?
51.
Have you oriented the building(s) toward southern exposure?
52.
Have you created any rain gardens to manage stormwater runoff?
53.
Have you sited taller buildings to minimize shadows on open space
and other buildings?
54.
Have you oriented open space to maximize winter solar exposure?
55.
Have you provided tree canopy cover and reduced hardscape for areas
with high summer solar exposure?
56.
Have you minimized disturbed areas by limiting, clearing and grading
to a carefully described development envelope?
57.
Have you encouraged the growth of native and well-adapted species
and eliminated the need for fertilization and pesticides?
58.
Have you reduced soil erosion?
59.
Have you promoted natural recharge and infiltration without the threat
of surface contamination?
60.
Have you reduced runoff volumes and peak runoff rates?
61.
Have you linked landscape elements to form a continuous network of
forage, water and cover?
62.
Have you created "fingers" of habitat that reach into the urban landscape
from a creek?
63.
Have you created zones that provide a diversity of habitat and shelter
through layers of plant heights and types?
64.
Have you selected native plants that provide food and shelter for
song birds, mammals, insects, etc.?
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When Waterways Are Adjacent
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65.
Have you stabilized and protected slopes, water quality and existing
vegetation?
66.
Have you provided access via pathways, bridges, boardwalks and concerns
for safety?
67.
Have you provided connections to stormwater systems, habitat networks,
pedestrian and recreation areas?
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Water Efficiency:
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68.
Have you provided water efficient landscaping-reducing water needed
for vegetation?
69.
Have you provided water efficient landscaping-no potable use or no
irrigation?
70.
Have you increased the extent of on-site landscaping?
71.
Have you provided graywater systems?
72.
Have you provided blackwater systems?
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Materials and Resources:
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73.
Have you provided for storage and collection of recyclables?
74.
Have you reused portions of the existing building, such as walls,
floors or roof?
75.
Construction Waste Management: Have you diverted construction waste
from landfills?
76.
Have you reused 5% of the existing building?
77.
Have you reused 10% of the existing building?
78.
Do your building materials incorporate recycled content?
79.
Local/Regional Materials: Are building materials extracted, processed
and manufactured locally/regionally?
80.
Rapidly Renewable Materials: Have you used rapidly renewable materials,
such as bamboo, wool, cotton insulation, agrifiber, linoleum, wheatboard,
strawboard and/or cork?
81.
Use of Certified Wood: Have you used wood-based materials and products
which are certified in accordance with the Forest Stewardship Council's
("FSC") Principles and Criteria?
82.
Have you used crushed gravel and concrete as a sub-base?
83.
Have you used saw cut concrete as dry-laid retaining walls, edging
for planting beds or unit pavers?
84.
Have you reused asphalt as a sub-base or aggregate?
85.
Have you reused gravel and tar roofing materials from demolished
buildings?
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Energy and Atmosphere:
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86.
On-Site Renewable Energy: Have you installed any renewable energy
systems, such as photovoltaic (solar panels), geothermal or other?
87.
Green Power: Have you provided at least 35% of the building's electricity
from renewable sources (renewable sources are as defined by the Center
for Resource Solutions (CRS) Green e-products certification requirements)?
88.
Have you provided for opportunities for vegetated screens, awnings,
overhangs and adjustable shade structures on buildings with high summer
solar exposure?
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Indoor Air Quality:
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89.
Have you provided for up-draft ventilation and an air scoop for natural
ventilation?
90.
Have you incorporated under floor displacement ventilation?
91.
Have you oriented the majority of glazing to optimize daylighting
potential and heat gain during the winter season?
92.
Have you oriented thermal mass (materials that absorb, store and
conduct heat) and insulation to take advantage of southern exposure
while blocking northern winds?
93.
Have you provided for rooftop gardens to reduce solar gain and insulate
in winter?
94.
Have you provided atrium spaces?
95.
Have you provided shade structures, awnings and overhangs?
96.
Do you have an internal heat recovery system?
97.
Have you provided photovoltaic integration?
98.
Have you separated mechanical spaces?
Innovation and Design Process
99.
LEED Accredited Professional Utilization: At least one principal
participant of the project team shall be a LEED Accredited Professional
("AP").
100.
Innovation in Design: Explain in writing any additional actions you
have taken to make the construction of your project energy efficient
or to make your development energy efficient.
d.
The Secretary of the Agency shall distribute the site plan, subdivision
and/or conditional use application for review and report, and where
required approval as follows:
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1.
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Agency Files
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Four copies
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2.
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The Borough Engineer
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One copy
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3.
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Zoning Officer
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One copy
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4.
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The Environmental Commission
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One copy
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5.
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Department of Police
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One copy
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6.
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Department of Fire Protection
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One copy
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7.
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Landscape Consultant
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One copy
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8.
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Design Review Committee
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Two copies
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9.
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County Planning Board
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Three copies
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[Ord. #679, S 603]
a.
Before approving a subdivision or site plan, the approving authority
shall require that streets, public drainageways, flood control basins
and public areas, designated for reservation on the Master Plan or
Official Map, must be shown on the plat in location and sizes suitable
to their intended uses. The approving authority may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
for a period of up to one year after the approval of the final plat
or within such further time as may be agreed to by the developer.
Unless during such period or extension thereof the Borough shall have
entered into a contract to purchase or institute condemnation proceedings
according to law for the fee or a lesser interest in the land comprising
such streets, ways, basins or areas, the developer shall not be bound
by such reservations shown on the plat and may proceed to use such
land for private use in accordance with applicable development regulations.
The provisions of this section shall not apply to streets and roads,
flood control basins or public drainageways necessitated by the subdivision
or land development and required for final approval.
b.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation; provided that determination of such fair market
value shall include, but not be limited to, consideration of the real
property taxes apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering, or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by the reservation.
c.
Upon the submission to the approving authority of an application
for development showing development proposed for an area reserved
on the Official Map or Master Plan, the Secretary of the approving
authority shall notify the Council in writing of such application,
and that the approving authority intends to grant approval for the
development in the reserved area unless the Council notifies the approving
authority prior to the date for final approval that it intends to
reserve the area in question and will provide compensation to the
developer for such reservation. The notice of intent to reserve shall
be in the form of a resolution by the Council. The Council shall thereupon
proceed either to reach an agreement with the developer as to the
amount of compensation to be paid for such reservation, or negotiate
a purchase price for the reserved area. Upon the Council arriving
at the amount to be paid the developer by way of compensation for
the reservation or purchase, the amount shall be deposited in escrow
for the benefit of the developer.
[Ord. #679, S 604; Ord. #08-20]
a.
The approving authority shall require, as a condition of preliminary subdivision or site plan approval, that the developer pay his pro-rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such contribution for a developer's pro-rata share shall only be required where the off-tract improvements are to be constructed pursuant to the provisions of the circulation and comprehensive utility services plans included in the Borough Master Plan pursuant to Section 22-34, paragraphs b4 and 5 of this chapter. The developer shall either install the improvements or contribute his pro-rata share of the costs, at the option of the developer. If the developer installs the improvements, he shall be compensated by the Borough for all but his pro-rata share of the cost of the improvement.
b.
Off-tract improvements required shall be based on the percent use
or increase in use directly or indirectly attributable to the development
proposed as it relates to the area affected.
[Ord. #679, S 605]
Prior to approval of planned developments the approving authority
shall find the following facts and conclusions:
a.
The departure by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards dealing with planned development.
b.
The proposals for maintenance and conservation of the common open
space are reliable, and the amount, location and purpose of the common
open space are adequate.
c.
Provisions through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreational and visual enjoyment
are adequate.
d.
The proposed planned development will not have an unreasonably adverse
impact upon the area in which it is proposed to be established.
e.
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
[Ord. #679, S 606]
a.
The Borough may, at any time, accept the dedication of land for public
use and maintenance, or any interest therein, required to be set aside,
designated and reserved for the use and enjoyment of owners and occupants
of land adjoining or neighboring such land as a condition of approval
of planned unit development, planned unit residential development
or residential cluster, but such dedication shall not be required
by the approving authority.
b.
The developer shall provide for an organization for the ownership
and maintenance of any open space for the benefit of owners or residents
of a development, if the open space is not dedicated to the Borough.
Such organization shall not be dissolved and shall not dispose of
any open space, by sale or otherwise, except to an organization conceived
and established to own and maintain the open space for the benefit
of such development, and thereafter such organization shall not be
dissolved or dispose of any of its open space without first offering
to dedicate the same to the Borough.
c.
In the event that such organization shall fail to maintain the open
space in reasonable order and condition, the Borough Administrator
may serve written notice upon such organization or upon the owners
of the development setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition, and
the notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof, and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the Borough Administrator may modify the terms of
the original notice as to deficiencies set forth in the original notice
or in the modification thereof shall not be cured within 35 days or
any extension thereof, the Borough, in order to preserve the open
space and maintain the same for a period of one year, may enter upon
and maintain such land. The entry and maintenance shall not vest in
the public any rights to use the open space except when the same is
voluntarily dedicated to the public by the owners. Before the expiration
of the year, the Borough Administrator shall, upon his initiative
or upon the request of the organization theretofore responsible for
the maintenance of the open space, call a public hearing upon 15 days
written notice to such organization and to the owners of the development,
to be held by the Borough Administrator at which hearing such organization
and the owners of the development shall show cause why such maintenance
by the Borough shall not, at the election of the Borough, continue
for a succeeding year. If the Borough Administrator shall determine
that such organization is ready and able to maintain the open space
in reasonable condition, the Borough shall cease to maintain the open
space at the end of the year. If the Borough Administrator shall determine
such organization is not ready and able to maintain the open space
in a reasonable condition, the Borough may, in its discretion, continue
to maintain the open space during the next succeeding year, subject
to a similar hearing and determination, in each year thereafter. The
decision of the Borough Administrator in any case shall constitute
a final administrative decision subject to judicial review.
d.
The cost of such maintenance by the Borough shall be assessed pro-rata
against the properties within the development that have a right of
enjoyment of open space in accordance with assessed value at the time
of imposition of the lien, and shall become a lien and tax on the
properties and be added to and be a part of the tax to be levied and
assessed thereon, and enforced and collected with interest by the
same officers and in the same manner as other taxes.
[Ord. #679, S 607; Ord. #679-I-85-1]
a.
Upon the submission to the administrative officer of a complete application
for a conditional use, the Planning Board shall grant or deny the
application for a conditional use within 95 days, or within such further
time as may be consented to by the applicant. Otherwise, the Planning
Board shall be deemed to have granted the conditional use.
b.
Upon the submission to the administrative officer of a complete application
for a site plan which involves 10 acres of land or less, and 10 dwelling
units or less, the Planning Board shall grant or deny preliminary
approval within 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 which involves more than
10 acres, or more than 10 dwelling units, the Planning Board shall
grant or deny preliminary approval within 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.
c.
Upon the submission to the administrative officer of a complete application
for a subdivision of 10 or fewer lots, the Planning Board shall grant
or deny preliminary approval within 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 10 lots, the Planning Board shall grant or deny preliminary
approval within 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 subdivision.
d.
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to Subsection 22-27.6 of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this chapter. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application 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, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required.
e.
The Planning Board may waive site plan approval requirements if the
construction or alteration or change of occupancy or use does not
affect existing circulation, drainage, relationships of buildings
to each other, landscaping, buffering, lighting and other considerations
of site plan review.
f.
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 this chapter, grant preliminary subdivision or site
plan approval.
g.
Nothing herein shall be construed to limit the right of a developer
to submit a sketch plat to the Planning Board for informal review,
and neither the Planning Board nor the developer shall be bound by
any discussions or statements made during such review; provided that
the right of the developer at any time to submit a complete application
for subdivision or site plan approval shall not be limited by his
submission of a sketch plat and the time for the Planning Board's
decision shall not begin to run until the submission of a complete
application.
[Ord. #679, S 608]
A public hearing shall be held on all applications for site
plan approval.
[Ord. #679, S 609]
Preliminary approval of a major subdivision or site plan except
as provided in paragraph d of this section shall confer upon the applicant
the following rights for a three year period from the date of preliminary
approval:
a.
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 and off-tract improvements; and, in the case
of a site plan, existing natural resources to be preserved on the
site; vehicular and pedestrian circulation, parking and loading; screening,
landscaping and location of structures; exterior lighting both for
safety reasons and street lighting; 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.
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 subdivision plat or site plan; and
c.
The applicant may apply for and the reviewing board 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, provided that
if the design standards have been revised by ordinance, such revised
standards may govern.
d.
In the case of a subdivision or site plan for an area of 50 acres
or more, the reviewing board may grant the rights referred to in paragraph
a, b and c above for such period of time, longer than three years,
as shall be determined by the reviewing board to be reasonable taking
into consideration (1) the number of dwelling units and nonresidential
floor area permissible under preliminary approval, (2) economic conditions,
and (3) the comprehensiveness of the development. The applicant may
apply for thereafter and the reviewing board may thereafter grant
an extension to preliminary approval for such additional period of
time as shall be determined by the reviewing board to be reasonable
taking into consideration:
1.
The number of dwelling units and nonresidential floor area permissible
under preliminary approval, and
2.
The potential number of dwelling units and nonresidential floor area
of the section or sections awaiting final approval,
3.
Economic conditions, and
4.
The comprehensiveness of the development; provided that if the design
standards have been revised, such revised standards may govern.
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 this chapter for final approval,
the conditions of preliminary approval, and, in the case of major
subdivision, the standards prescribed by the "Map Filing Law", P.L.
1960, c. 141.
b.
Final approval shall be granted or denied within 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.
[Ord. #679, S 611]
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 this chapter, 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 the land
in question.
b.
The approving authority when acting upon application 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 this chapter, if the literal enforcement
of one or more provisions of this chapter is impracticable or will
exact undue hardship of peculiar conditions pertaining to the land
in question.
c.
The approving authority shall have the power to review and approve
or deny conditional uses or 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 it be for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer pursuant to this
section, notice of the hearing on the plat shall include reference
to the request for such conditional use.
[Ord. #679, S 612]
a.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Section 22-63 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two 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 Section 22-69 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 Section 22-69 of this chapter, the approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to Section 22-63 of this chapter for the section granted final approval.
[Ord. #679, S 613]
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 this chapter
for the purpose of assuring the installation and maintenance of on-tract
improvements;
1.
The furnishing of a performance guarantee in favor of the Borough
in an amount not to exceed 120% of the cost of installation for improvements
it may deed necessary or appropriate including; streets, grading,
pavement, gutters, curbs, sidewalks, street lighting, shade trees,
surveyor's monuments, as shown on the final map and required by the
"Map Filing Law", P.L. 1960, c. 141 (c46:23-9.9 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 10% of the total performance guarantee 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 Council.
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 guarantee and maintenance guarantee required by the
approving authority. The Borough Engineer shall forward his estimate
of the cost of improvements to the applicant within 30 days of the
date of receipt of a request sent by certified mail for the estimate.
2.
The furnishing of a maintenance guarantee to be posted with the Council
for a period not to exceed two years after final acceptance of the
improvement, in an amount not to exceed 15% of the cost of the improvement.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required for such utilities or improvements.
b.
The amount of any performance guarantee may be reduced by the Council
by resolution, when portions of the improvements have been certified
by the Borough Engineer to have been completed. The time allowed for
installation of the improvements for which the performance guarantee
has been provided may be established by the Council by resolution.
c.
If the required improvements are not completed or corrected in accordance
with the performance guarantee, 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 improvement.
d.
When all the required improvements have been completed, the obligor
shall notify the Council in writing, by certified mail addressed in
care of the Borough Clerk of the completion of the improvements and
shall send a copy thereof to the Borough Engineer. Thereupon the Borough
Engineer shall inspect all of the improvements and shall file a detailed
report, in writing, with the Council, indicating either approval,
partial approval or rejection of the improvements with a statement
of reasons for any rejection. If partial approval is indicated, the
cost of the improvements rejected shall be set forth.
e.
The Council 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 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 guarantee, except for the improvements not yet
approved. Failure of the Council to send or provide such notification
to the obligor within 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 guarantee.
f.
If any portion of the required improvements are 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 the Borough Engineer for the foregoing inspection of improvements.
[Ord. #679, S 614]
a.
The Planning Board shall waive notice and public hearing for an application for development if the Subdivision Committee of the Planning Board appointed by the chairman finds that the application for development conforms to the definition of "minor subdivisions" in Section 22-3 of this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board; provided that the Board or subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to Article VII of this chapter.
b.
Minor subdivision approval shall be granted or denied within 45 days
of the date of submission of a complete application to the Secretary
of the Planning Board, 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 Secretary of the Planning Board as to the failure
of the Planning Board to act shall be issued on request of the applicant;
and 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.
c.
Approval of a minor subdivision shall expire 190 days from the date
of municipal approval unless within such period of a plat in conformity
with such approval and the provisions of the "Map Filing Law", P.L.
1960, C. 141, or a deed clearly describing the approved minor subdivision
is filed by the developer with the County Recording Officer, the Borough
Engineer and the Borough Tax Assessor. Any such plat or deed accepted
for such filing shall have been signed by the Chairman and Secretary
of the Planning Board. In reviewing the application for development
for a proposed minor subdivision the Planning Board may accept a plat
not in conformity with the "Map Filing Act" provided that if the developer
chooses to file the minor subdivision as provided herein by plat rather
than deed such plat shall conform with the provisions of the act.
d.
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 provided that the approved minor
subdivision shall have been duly recorded as provided herein.
a.
Final approval of a major subdivision shall expire 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 not to exceed 190 days from
the date of signing 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 guarantees required pursuant to Section 22-67 of this chapter.
[Ord. #679, S 616]
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 this chapter, such person shall
be subject to a penalty not to exceed $500 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:
[Ord. #679, S 617]
a.
The prospective purchaser, prospective mortgagee, or any other person
interested any land which forms part of a subdivision, or which formed
part of such a subdivision three years preceding August 1, 1976, may
apply in writing to the Borough Clerk for the issuance of a certificate
certifying whether or not such subdivision has been approved by the
Planning Board. Such application shall contain a diagram showing the
location and dimensions of the land to be covered by the certificate
and the name of the owner thereof.
b.
The Borough Clerk shall make and issue such certificate within 15
days after the receipt of such written application and the fees therefor.
The officer shall keep a duplicate copy of each certificate, consecutively
numbered, including a statement of the fee charged, in a binder as
a permanent record of his office.
c.
Each such certificate shall be designated a "certificate as to approval
of subdivision of land" and shall certify:
1.
There exists in the Borough a duly established Planning Board and
that there is an ordinance controlling subdivision of land adopted
under the authority of the "Municipal Land Use Law of 1975, c. 291."
2.
Whether the subdivision, as it relates to the land shown in the application,
has been approved by the Planning Board, and if so, the date of such
approval and any extensions and terms thereof, showing that subdivision
of which the lands are a part is a validly existing subdivision.
d.
The Borough Clerk shall be entitled to demand and receive for such
certificate issued by him a reasonable fee not in excess of those
provided in N.J.S.A. 54:4-14 and 15. The fees so collected by the
Borough Clerk shall be paid by him to the Borough.
[Ord. #08-21]
a.
No major subdivision or major site plan shall receive preliminary approval until an Environmental Impact Statement (EIS) shall have been submitted to and approved by the Planning Board and/or the Zoning Board of Adjustment, unless the Planning Board or the Zoning Board of Adjustment waives this requirement pursuant to Subsection 22-72.5, below. The purpose of requiring an Environmental Impact Statement is to permit the Planning Board/Zoning Board of Adjustment to assess the impact of the proposed project upon the environment. Particular emphasis should be given to assessing the impact of the proposed development upon water and air resources, pollution of all kinds, drainage, waste disposal, wetlands, floodplains, steep slopes, shallow bedrock, critical areas and landscape.
b.
No application for development shall be approved as set forth above,
unless it has been affirmatively determined, after an environmental
appraisal, that the proposed project:
1.
Will not result in significant adverse impact on the environment;
2.
Has been conceived and designed in such a manner that it will not
significantly impair natural processes; and,
3.
Will not place a disproportionate or excessive demand upon the total
resources available to the project site and to the impact areas.
[Ord. #08-21]
Shall be defined as a separate written description and analysis
of all possible direct and indirect effects a development will have
on the site of the proposed development, as well as adjacent and noncontiguous
areas, with particular reference to the effect of the project on the
public health, safety and welfare, the protection of public and private
property and the protection, preservation and enhancement of the natural
environment.
[Ord. #08-21]
The EIS shall contain information and analysis with respect
to the following:
a.
The location of the project and a description of the project, including
maps and drawings, specifying what is to be done and how it is to
be done during construction and operation. The description shall locate
the project within its regional, municipal and neighborhood setting,
including its relation to surrounding properties, roads, utility lines,
parks, recreational sites, historic sites, rivers, streams and vegetative
patterns. The project description shall include contours, buildings
and other structures, roads, paved areas, grading and regrading, adjacent
natural streams, floodplains, wetlands, critical areas, water supply,
drainage, stormwater runoff plans, sediment and soil erosion control,
traffic patterns, waste disposal plans and open space management plans.
b.
An inventory of existing environmental conditions at the project
site and in the affected region, including delineation of all on-site
easements, deed restrictions, rights-of-way, stream encroachment lines,
wetlands and floodplains. The inventory shall describe air quality,
water quality, water supply, surface waters (including streams, ponds
and marshes), wetlands, floodplains, steep slopes, critical areas,
bedrock, hydrology, natural and man-made drainage, geology, soils
and properties thereof (including capabilities and limitations), sewerage
systems, topography, slope, vegetation, wetlands, wildlife, aquatic
organisms, noise characteristics and levels, traffic conditions, ecology,
demography, land use, aesthetics, history and archeology. Air and
water quality shall be described with reference to standards promulgated
by the New Jersey Department of Environmental Protection.
c.
A listing of all licenses, permits or other approvals required by
municipal, County or State law and the status of each.
d.
An assessment of the probable temporary and long-term environmental
impact of the project, both adverse and beneficial, supported by environmental
data, on the topics described in paragraph b above.
e.
A listing and evaluation of any probable adverse environmental impacts
and damage to natural resources which cannot be avoided, both on site
and off site, as a result of the project, with emphasis upon air and
water pollution and quality, increase in noise, damage to plants,
trees and wildlife systems, displacement of people and businesses,
impediments to existing traffic flow and increase in sedimentation
and siltation. Impacts upon any wetlands, floodplains, steep slopes,
critical areas and shallow bedrock shall also be set forth and evaluated.
f.
A thorough discussion of the steps to be taken during and after construction,
both at the project site and in the surrounding area, to minimize
the adverse environmental effects described above, such description
to be accompanied by necessary maps, schedules and other explanatory
data as may be needed to clarify.
g.
A statement of alternatives to the proposed project which might avoid
some or all of the adverse environmental effects of the proposed project.
The statement should include the reasons for the acceptability or
nonacceptability of each alternative and an analysis of the costs
and social impact(s) of the alternatives.
h.
Sewerage Facilities. An estimate of the expected flow of sewage,
process water and/or other wastewater expected from the proposed development.
If any flow is expected, the EIS must discuss:
1.
If the disposal is on site, the data on underlying geology, water
table, soils analysis, soil stratigraphy, percolation tests for every
sewage disposal site, topography, location and depth of aquifers,
depth, capacity and type of construction of all wells within 500 feet
of the site and any other pertinent data.
2.
If the disposal is off site, the plant design capacity, the monthly
average and peak flows for the past 12 months, the daily average and
peak flows, any enforcement action against the plant, the receiving
water quality standards, the stream quality data from Federal, State
or private sources, the stream flow (minimum average seven consecutive
day flow with a frequency of occurrence of 10 years), plans for the
sewage treatment facility (local plans) and State regional planning
policy and flows expected from other approved subdivisions which are
dependent upon the sewage treatment facilities in question.
3.
Compliance with all applicable State and local sewage and health
regulations and with all groundwater standards of the NJDEP.
i.
Water Supply. A showing that an adequate potable water supply is
available and not threatened by nearby use of other land and:
1.
If the water is to be supplied from the site, the location and depth
of all private and public water supplies within 500 feet of the development
improvements, the location, depth and adequacy of the proposed private
or public water supplies to serve the proposed development improvements
and the geologic description of subsurface conditions.
2.
If the supply is from facilities off site, including private water
companies, the amount of diversion granted by the NJDEP, Division
of Water Resources, the present amount of diversion and diversions
expected from other approved subdivisions or site plans which are
dependent upon the present diversions granted by the Division of Water
Resources. The applicant must submit documentary proof that the facility
has the available excess capacity in terms of its allowable diversion
and equipment to supply the proposed project and is willing to do
so.
3.
Compliance with all State and local regulations.
j.
Drainage. There must be a showing that stormwater runoff from the
site is so controlled that on-site and off-site erosion will not be
either caused or worsened and that the potential for downstream flooding
will not be increased as a result of the development. The EIS must
also state:
1.
Volume and peak flow rates of stormwater runoff expected from the
undeveloped site and to be generated by new improvements, including
volumes and rates for two, five, 10, 25, 50 and 100 year storm frequencies
having durations producing maximum flow rates before and after the
proposed development;
2.
Data on landscaping, vegetation maps, trees and ground cover existing
on site compared with what would exist with the proposed development;
3.
Any increase in rate or velocity of runoff and change in drainage
patterns;
4.
Plans for disposition of stormwater, whether by retention or detention
on site or by other means so as to protect downstream property;
5.
If the proposed development lies in whole or in part in a floodplain,
a description of potential flood damages, including a summary of flood
stages from Federal and State sources; and,
6.
Submission of an erosion and sedimentation control plan reviewed
by the local Soil Conservation District, if applicable.
k.
Solid Waste Disposal. Submission of a plan for disposal by means
of a facility operating in compliance with the State Sanitary Code.
l.
Air Pollution. A showing that no visible smoke or deleterious chemical
changes are produced in the atmosphere by heating or incinerating
devices or by any processing of materials.
[Ord. #08-21]
a.
10 copies of the EIS shall be submitted to the Planning Board or
the Zoning Board of Adjustment for distribution to applicable Borough
officials and review.
b.
In reviewing the ElS, the Planning Board/Zoning Board of Adjustment
shall take into consideration the effect of the applicant's proposal
upon all aspects of the environment including, but not limited to,
water quality, water supply, sewage disposal and environmental preservation.
c.
The Planning Board/Zoning Board of Adjustment shall approve an EIS
only if it determines that the proposed development will not result
in appreciable harm to the natural environment, has been designed
with a view toward the protection of natural resources and will not
place an excessive demand upon the total resources available for such
proposal and for any future proposals. The EIS approval shall be part
of the overall approval for any major subdivision or major site plan
and the Planning Board/Zoning Board of Adjustment may impose any conditions
on approval of the EIS in the same manner and to the same extent as
conditions which may be imposed for major subdivision or major site
plan approval. The time limits specified for major subdivision or
major site plan approvals shall apply.
[Ord. #08-21]
The Planning Board or the Zoning Board of Adjustment, whichever
is applicable, at its sole discretion, may waive the requirement for
an EIS, in whole or in part, if sufficient evidence is submitted to
support a conclusion that the proposed project will have a negligible
environmental impact or that a complete EIS need not be prepared in
order to evaluate adequately the environmental impact of the proposed
project.
[Ord. #08-21]
If the EIS is rejected by the Planning Board or the Zoning Board
of Adjustment, the decision may be appealed to the Borough Council
by filing a written notice with the Borough Clerk within 10 calendar
days after receiving notice of the rejection. The Borough Council
shall hold a hearing on the matter within 30 calendar days after the
notice of appeal has been filed and may modify, affirm or reverse
the Planning Board's/Zoning Board of Adjustment's decision as to the
EIS.
[Ord. #08-21]
All applications for major subdivision or major site plan approval
shall be accompanied by a Community Impact Statement (CIS) analyzing
the proposed development and its expected impact upon existing municipal
facilities and services. The information provided within the CIS shall
serve to influence the design of the proposed development so that
the provision of necessary municipal facilities can be anticipated
and coordinated with the construction of the proposed development
and/or alert the appropriate public agencies to anticipated needs
that may have to be satisfied in the near future.
[Ord. #08-21]
The CIS shall address the following areas:
a.
Population Impact. The applicant shall provide an analysis of the
number of people expected to be added to the municipal population
as a result of the proposed development within the following age groups:
(1) preschool aged children— zero to four years of age; (2)
school aged children—five to 18 years of age; (3) parents of
family-bearing age—18 to 40 years of age; (4) middle aged adult—41
to 62 years of age; and, (5) senior citizens—over 62 years of
age.
b.
School Impact. The applicant shall provide an analysis of the anticipated
number of pupils who will be added to the student population in the
Borough, the ability of the existing public school facilities to absorb
the expected student population during a 10 year period and the expected
cost of any required building additions and increased teaching staff
which may be necessary as a result of the proposed number of pupils
who will be added to the student population. The applicant may provide
this analysis by either of the following means:
1.
The applicant may submit an analysis prepared by the Borough Superintendent
of Schools or Board of Education; or,
2.
The applicant may submit an analysis prepared by competent professionals,
together with proof that a copy of the analysis has been served on
the Board of Education with the following notice: "The Planning Board/Zoning
Board of Adjustment requests that the Superintendent of Schools or
the Board of Education provide written comments on this analysis within
20 calendar days after service. The Superintendent and the Board are
also invited to attend the hearings on this application and give testimony
on the impact of the application on the school system."
c.
Facilities Impact. The applicant shall provide an evaluation as to
the adequacy of existing facilities to serve the proposed development,
including the adequacy of existing public water facilities, public
sewerage facilities, recreational facilities and library facilities.
d.
Service Impact. The applicant shall provide an evaluation as to the
adequacy of existing public services to serve the proposed development
and the impact of the development upon these services, including police
protection, fire protection, solid waste disposal and street maintenance
services.
e.
Traffic Impact. The applicant shall provide an analysis of the existing
road network available to serve the proposed development, as well
as the proposed road network within the development itself and the
surrounding road network which will be affected by the proposed development,
including the capacity of the existing and proposed roadways, the
anticipated traffic volumes as a result of the proposed development,
the physical structure of both road networks and any problem areas
in the road network affected by the development, including unsafe
intersections and vertical or horizontal alignments.
f.
Utility Impacts. The applicant shall submit letters directed to the
Planning Board/Zoning Board of Adjustment and signed by a responsible
official of the lighting agency, water company and of any other utility
company or governmental authority or district having jurisdiction
in the area and which will provide utility service to the proposed
development, approving the design of each proposed utility installation
and stating who will construct the facility so that service will be
available prior to occupancy.
g.
Financial Impact. The applicant shall provide an analysis of the
revenues expected to be generated from the development compared to
the anticipated costs which the proposed development is expected to
generate. Revenue and costs shall be shown for the municipality, the
municipal school system and the County.
[Ord. #08-21]
All factors, multipliers and values used in the preparation
of the CIS shall have been provided by a reliable and recognized source
and shall be subject to verification as to their accuracy and applicability
by the Planning Board/Zoning Board of Adjustment. If the Planning
Board/Zoning Board of Adjustment demonstrates reasonable cause to
question any representations made in the CIS, the applicant shall
be liable for any additional expense incurred during the review of
said statement.
[Ord. #08-21]
The Planning Board/Zoning Board of Adjustment may waive any
or all provisions of this section that it deems unnecessary.
[Ord. #08-27]
As a condition of approval by the Planning Board of the Borough
of North Plainfield or the Board of Adjustment of the Borough of North
Plainfield, any person and/or entity submitting an application for
development of property within the Borough must submit proof that
no taxes and/or assessments for local improvements are due or delinquent
on the property for which any subdivision, site plan or planned development
application is made at the time of submission of such subdivision,
site plan or planned development application.
