[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
The purpose of this article is to provide rules, regulations
and standards to guide land subdivision, site plans and land use control
in the Borough, and promote the public health, safety, convenience,
morals and general welfare of the Borough and the inhabitants thereof.
It shall be administered to ensure the orderly growth and development,
the conservation, protection and proper use of land and to provide
adequate provisions for circulation, utilities and services. To that
end, not inconsistent with other provisions of this article for submission
and processing of applications for development, including standards
for preliminary and final approval and provisions for processing of
final approval by stages or sections of development, prior to approving
a subdivision or site plan, the Planning Board shall:
a.
Within a subdivision, determine that provisions have been made ensuring:
1.
Consistency of the layout or arrangement of the subdivision or land
development with the requirements of the zoning regulations.
2.
Streets in the subdivision or land development of sufficient width
and suitable grade and suitably located to accommodate prospective
traffic and to provide access for firefighting and emergency equipment
to buildings and coordinated so as to compose a convenient system
consistent with the Official Map and the circulation element of the
Master Plan.
3.
Adequate water supply, drainage, shade trees, sewerage facilities
and other utilities necessary for essential services to residents
and occupants.
4.
Suitable size, shape and location for any area reserved for public
use.
5.
Protection and conservation of soils from erosion by wind or water
or from excavation or grading.
b.
Within a site plan, determine that provisions have been made ensuring:
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
This article shall not be construed as superseding or repealing the provisions of Article IV, the zoning regulations, or any part thereof. All other ordinances which are inconsistent with the provisions of this article shall be deemed superseded to the extent of such inconsistency.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
The approval provisions of this article shall be administered by the Planning Board in accordance with Section 28 of Chapter 291 of the Laws of New Jersey 1975 and Subsection 30-6.4a of this chapter.
[Ord. No. 77:11; Ord. No. 85:1 § 10; amended 8-23-2021 by Ord. No. 2021:14]
The rules, regulations and standards contained in this article shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken by the Planning Board under the terms of this article shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to their land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Planning Board may permit such variance or variances as set forth in Subsection 30-7.4c.
[Ord. No. 77:1; Ord. No. 85:1 § 11; amended 8-23-2021 by Ord. No. 2021:14]
Prior to the subdivision or resubdivision of land and prior
to the issuance of a building permit, zoning permit or certificate
of occupancy for any development, an application shall be submitted
to and approved by the Planning Board in accordance with the requirements
of this article, except that subdivision or individual lot applications
for detached one- or two-family dwelling unit buildings shall be exempt
from site plan review and approval. In the event that the subdivision
or site plan application requires action by the Board of Adjustment
as provided in this chapter, the application shall be submitted to
and processed by the Board, which shall act to the same extent and
subject to the same restrictions as the Planning Board as set forth
in this article.
[Ord. No. 77:1; Ord. No. 85:1 § 12; Ord. No. 91:16 § VI; amended 8-23-2021 by Ord. No. 2021:14]
a.
An application shall be made in 18 copies on forms available from
the Building Department. It shall be accompanied by 18 copies of the
subdivision plat or site plan and 18 copies of any other required
documents and improvement plans.
b.
An application for final subdivision approval shall be submitted
with 18 copies on forms available from the Building Department. In
addition, the applicant shall submit 18 copies of the subdivision
plat.
c.
In addition, each subdivision application requiring review by the
Bergen County Planning Board shall be accompanied by one additional
print which shall be submitted by the applicant to the Bergen County
Planning Board.
d.
Digital submittals of all application materials shall also be provided
to the Planning Board or Zoning Board of Adjustment.
e.
The following must be included in the site plan submitted to the
Planning Board:
1.
Name and title of applicant, owner and person preparing map.
2.
Place for signature of Chair and Secretary of the Planning Board
or Zoning Board of Adjustment.
3.
Place for signature of Borough Engineer.
4.
Tax Map lot and block numbers.
5.
Date, scale and North sign.
6.
Key map of the site with reference to surrounding areas and to existing
street locations.
7.
Zone district in which property in question falls, zone district
of adjoining properties and all property in question.
8.
Names of owners of all contiguous land and adjacent property.
9.
Dimensions of lot, setbacks, front yard, side yards and rear yard;
kind and location of fences.
10.
The outside dimensions of existing and/or proposed principal building(s)
and all accessory structures.
11.
Right-of-way, easements and all lands to be dedicated to the municipality
or reserved for specific uses.
12.
The entire property in question, even though only a portion of said
property is involved in the site plan; provided, however, where it
is physically impossible to show the entire property on the required
sheet, a separate map at an appropriate scale may be submitted.
13.
Significant existing physical features, including streams, water
courses, rock outcrops, swampy soil, etc.
14.
Bearings and distance of property lines.
15.
Plans of off-street parking area layout and off-street loading facilities
showing location and dimensions of individual parking spaces, loading
areas, aisles, traffic patterns and driveways for ingress and egress.
16.
All driveways and streets within 200 feet of the site.
17.
All existing and proposed curbs and sidewalks.
18.
All existing and proposed utility lines within and adjacent to the
subject property.
19.
Method of solid waste disposal and storage.
20.
Location of all existing trees or tree masses, indicating general
sizes and species of trees.
21.
Existing and proposed spot elevations based upon the U.S. Coastal
Geodetic datum at all building corners, all floor levels, center lines
of abutting roads, top and bottom curbs, property corners, gutters
and other pertinent locations.
22.
Location of all existing fire hydrants within 600 feet of the site
and location of proposed hydrants.
23.
Location, dimensions and detail of all signs and exterior lighting,
including type of standards, location, radius of light and intensity
in footcandles.
24.
Storm drainage plan showing location of inlets, pipes, swales, berms
and other storm drainage facilities, including roof leaders; indicate
existing and proposed runoff calculations.
25.
Typical floor plans and elevations.
26.
Water supply system.
27.
Existing and proposed sanitary sewage disposal system. Show percolation
test holes and results and soil log data.
28.
Existing and proposed contours of site at two-foot intervals for
areas less than 5% grade and ten-foot intervals above 5% grade.
29.
Landscaping and buffering plan showing what will remain and what
will be planted indicating names of plants and trees and dimensions
of each, approximate time of planting and method of planting (bare
rooted, ball and burlap).
f.
Items numbered Subsection e23 through 29 are not required on minor subdivision plats unless a unique characteristic of the property in question, project or neighborhood make the inclusion of these items necessary. The Planning Board/Board of Adjustment shall, in their judgment, require some or all of these items.
[1]
Editor's Note: Former Subsection 30-11.2, Time of Filing,
was repealed 8-23-2021 by Ord. No. 2021:14. This ordinance also renumbered
subsequent subsections. Prior history includes Ord. No. 77:1.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
The application shall be accompanied by a filing fee as established
by this chapter to cover the technical, investigative and administrative
expenses involved in processing the application.
[Ord. No. 77:1; Ord. No. 85:1 § 13; amended 8-23-2021 by Ord. No. 2021:14]
a.
An application for development shall be complete for purposes of
commencing the applicable time period for action by a municipal agency
when so certified by the municipal agency or its authorized committee
or designee. In the event that the municipal agency, committee or
designee does not certify the application to be complete within 45
days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period unless:
1.
The applicant lacks information indicated on a checklist adopted
by ordinance and provided the applicant; and
2.
The municipal agency or its authorized committee or designee has
notified the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application. The applicant may
request that one or more of the submission requirements be waived,
in which event the agency or its authorized committee shall grant
or deny the request within 45 days.
b.
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that the applicant
is entitled to approval on the application.
c.
The municipal agency may subsequently require correction of any information
found to be in error and submission of additional information not
specified in the ordinance or any revisions of the accompanying documents,
as are reasonably necessary for approval of the application for development,
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the municipal agency.
[Ord. No. 77:1; Ord. No. 91:16 § VII; amended 8-23-2021 by Ord. No. 2021:14]
Upon receipt of an application, the designated administrative
Clerk/coordinator shall forward same to all members of either the
Planning Board or Board of Adjustment depending upon who has jurisdiction.
If the Planning Board has jurisdiction, the administrative officer
shall forward same to the subdivision or Site Plan Review Committee,
if one has been appointed, and, in addition, shall send a copy to
each of the following for report, recommendation and review:
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
The Subdivision or Site Plan Committee shall review the application,
along with reports required from any officials or agencies, and shall
submit its findings and recommendations to the Planning Board.
[Ord. No. 77:1; Ord. No. 91:16 § VIII; amended 8-23-2021 by Ord. No. 2021:14]
a.
The Planning Board shall grant or deny the application within the
times of submission of a complete application prescribed below, or
within such further time as may be consented to by the applicant.
|
Type of Application
|
Period of Time for Action by Planning Board (days)
|
|---|---|
|
Minor subdivision or resubdivision
|
45
|
|
Sketch plat, major subdivision
|
45
|
|
Preliminary plat:
| |
|
10 lots or less
|
45
|
|
More than 10 lots
|
95
|
|
Preliminary site plan:
| |
|
10 acres of land or less
|
45
|
|
More than 10 acres of land
|
95
|
|
Final plat
|
45
|
|
Final site plan
|
45
|
b.
Failure of the Planning Board to act within the period prescribed
shall constitute approval, and a certificate of the Borough Administrator
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 Bergen County Recording Officer for
purposes of filing subdivision plats. The applicant shall be notified
of the Planning Board's action within one week of its action.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
Whenever review or approval of an application by the Bergen
County Planning Board is required by the Bergen County land development
standards, the Planning Board shall condition any approval that it
grants upon timely receipt of a favorable report on the application
by the Bergen County Planning Board or approval by the Bergen County
Planning Board by its failure to report thereon within the required
time period.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
If the scheduled time of the Planning Board meeting allows insufficient
time for the Board to reach a determination regarding action on an
application within the time prescribed in this section, the applicant
shall be requested to consent to an extension of time. Failure of
the applicant to consent to such extension of time shall constitute
adequate grounds for denial of the application.
[Ord. No. 77:1; Ord. No. 91:16 § IX; amended 8-23-2021 by Ord. No. 2021:14]
Prior to returning the approved plat or site plan to the applicant,
the applicant shall submit sufficient copies to the Secretary of the
Planning Board in order to furnish a copy to each of the following:
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
Every subdivider shall, prior to subdividing or resubdividing
land, as defined in this chapter, submit a sketch plat for purposes
of classification and preliminary discussion and file a copy with
the Bergen County Planning Board.
[Ord. No. 77:1; Ord. No. 91:16 § X; amended 8-23-2021 by Ord. No. 2021:14]
If classified and approved as a minor subdivision by unanimous
action of the Subdivision Committee or a majority of the Planning
Board, a notation to that effect will be made on the sketch plat.
If the Bergen County Planning Board has authority to review or approve
pursuant to law or otherwise, one copy shall be sent to the Bergen
County Planning Board before the expiration of the thirty-day period
within which the Bergen County Planning Board may submit a report
on said subdivision. After the sketch plat has been approved by the
Borough Planning Board, the Chair of the Planning Board and the Borough
Administrator shall affix their signatures and return the plats to
the subdivider within one week following the next regular meeting
of the Planning Board. No further Planning Board action shall be required.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
a.
Approval of a minor subdivision shall expire 190 days from the date
of municipal approval unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law, P.L.
1960, c. 141 (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
Bergen 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 Chair and Secretary of the Planning Board.
In reviewing the application for development for a proposed minor
subdivision, the Planning Board may be permitted, by ordinance, to
accept a plat not in conformity with the Map Filing Act, P.L. 1960,
c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that, if the developer
chooses to file the minor subdivision as provided herein by plat rather
than deed, such plat shall conform to the provisions of the Act.
b.
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 in this subsection.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
If the plat is classified as a major subdivision, the Planning
Board will act on such plat and, if satisfactory, give sketch plat
approval. This approval will not be binding and will be subject to
change, but will enable the subdivider to proceed on a reasonable,
sound basis. It should be emphasized that such sketch plat approval
does not carry the authority to proceed with construction. A notation
of the approval shall be made on the plat, which shall be returned
to the subdivider for compliance with the procedure in this section.
[Ord. No. 77:1; Ord. No. 85:1 § 14; amended 8-23-2021 by Ord. No. 2021:14]
[Ord. No. 77:1; Ord. No. 91:16 § XI; amended 8-23-2021 by Ord. No. 2021:14]
If the Committee or Administrative Officer processing an application
finds that the application is in substantial compliance with the provisions
of this chapter, it shall so report to the Board, and the Planning
Board shall schedule a hearing on the application pursuant to this
chapter. If the application is found to be not in compliance, it shall
so inform the applicant and shall require the filing of an amended
application, which shall be processed as in the case of the original
application
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
If the Planning Board requires any substantial amendment in
the layout of improvements proposed by the developer that have been
the subject of the hearing, an amended application shall be submitted
and proceeded upon, as in the case of the original application. After
the Planning Board is satisfied that the proposed application, together
with any conditions as imposed by the Board, meets all of the conditions
of this chapter, it shall grant preliminary approval.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
Preliminary approval shall, except as provided in Subsection
d of this subsection, confer upon the applicant the following rights
for a three-year period from the date of the preliminary approval:
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 and off-tract improvements; and, in the
case of a site plan, any requirements peculiar to site plan approval,
except that nothing herein shall be construed to prevent the municipality
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 subdivision plat or site plan, as the
case may be.
c.
That the applicant may apply for and the Planning 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 of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection a, b and c above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration 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 or sections 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. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
a.
If the Master Plan or the Official Map provides for the reservation
of designated streets, public drainageways, flood control basins or
public areas within the proposed development, before approving a subdivision
or site plan, the Planning Board may further require that such streets,
ways, basins or areas be shown on the plat in locations and sizes
suitable to their intended uses. The Planning Board may reserve the
location and extent of such streets, ways, basins or areas shown on
the plat for a period of 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 municipality 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 subsection 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 instances, 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.
The municipality shall provide, by ordinance, for a procedure for
the payment of all compensation payable under this subsection.
[Ord. No. 77:1; Ord. No. 91:16 § XII; amended 8-23-2021 by Ord. No. 2021:14]
Prior to the filing of an application for final subdivision
or site plan approval, the applicant shall have installed the improvements
required by this article under the supervision and inspection of the
Borough Engineer, except that the Planning Board may accept performance
guaranties to assure the installation of the following improvements
only in major subdivisions:
a.
Streets.
b.
Street signs.
c.
Curbs and/or gutters.
d.
Sidewalks.
e.
Streetlighting.
f.
Shade trees, to be located on the street line so as not to interfere
with utilities or sidewalks and shall be in conformity with the provisions
and regulations of the Borough Shade Tree Commission.
g.
Topsoil protection. No topsoil shall be removed from the site or
used as spoil. Topsoil moved during the course of construction shall
be redistributed so as to provide at least six inches of cover to
all areas of the subdivision and shall be stabilized by seeding or
planting.
h.
Monuments, to be of the size and shape required by Section 4 of Chapter
358 of the Laws of 1953, and shall be placed in accordance with the
statute.
i.
Water mains, culverts, storm sewers and sanitary sewers. All such
installations shall be properly connected with an approved system
and shall be adequate to handle all present and probable future development.
j.
Location of all actual and proposed fire hydrants. All hydrants are
to be installed prior to commencement of any construction.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
All on-site improvements for site plans, as required in this
article, shall be installed prior to final approval.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
No such performance guaranty shall be accepted unless and until
the Borough Engineer shall have certified to the Planning Board the
accuracy of the description of the improvements to be made and the
sufficiency of the amount thereof to assure completion of improvements
and the Borough Attorney shall have approved the form and sufficiency
of the execution thereof. The performance guaranty shall state the
time period within which all improvements are to be installed by the
applicant.
[Ord. No. 77:1; Ord. No. 91:16 § XIII; amended 8-23-2021 by Ord. No. 2021:14]
a.
The performance guaranty for the installation of those improvements
required shall be in favor of the Borough in an amount equal to 120%
of the cost of such improvements. At least 10% of the performance
guaranty shall be in the form of cash or a certified check made payable
to the Borough.
b.
The performance guaranty shall run for a term not to exceed 18 months
from the date of final approval. With the consent of the principal,
the performance guaranty may be extended by the governing body after
the recommendation by the Planning Board by resolution for an additional
period not exceeding 18 months.
c.
The Planning Board may, upon application by the developer or subdivider,
recommend to the governing body the reduction of the amount of the
performance guaranty upon certification, in writing, by the Borough
Engineer that certain portions of the required improvements and conditions
of the Board have been properly completed and upon posting of proper
guaranties and maintenance bonds, provided that the remaining performance
guaranty, maintenance bonds and deposit money are adequate to insure
the completion of the remaining improvements.
d.
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.
e.
When all of the required improvements have been completed, the obligor
shall notify the governing body, in writing, by certified mail in
care of the Borough Administrator, of the completion of said 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 governing body, 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.
f.
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 said report and the action of the governing body 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 guaranty, except for that portion adequately
sufficient to secure provision of the improvements not yet approved.
Failure of the governing body 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 guaranty.
g.
If any portion of the required improvements is rejected, the governing
body may require the obligor to complete such improvements and, upon
completion, the same procedure of notification as set forth in this
subsection shall be followed.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
Provisions shall be made by the applicant for a maintenance
guaranty to be posted with the governing body for a period not to
exceed two years after final acceptance of the improvements in an
amount not to exceed 15% of the cost of the improvements. 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 by the municipality for such utilities or improvements.
The Borough Engineer and the Planning Board shall review the maintenance
bond, and it shall be reviewed by the Borough Attorney as to form
sufficiency and execution and approved by the governing body.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
All improvements required by the Planning Board, except electric
and gas, shall be installed under the supervision and inspection of
the Borough Engineer. No construction work covering the required improvements
shall be commenced without the developer first notifying the Engineer
that said construction work is about to take place. Such notice shall
be given, in writing, to the Borough Engineer at least one week before
the commencement of such work. No required improvements shall be covered
until inspected and approved by the Borough Engineer.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
Application for approval of a final plat or a final site plan shall be filed in accordance with § 30-11 and shall contain all the information required herein.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
If the Committee processing an application finds that the application
is in compliance with the general terms and conditions of the preliminary
approval of the application, it shall so report to the Board, and
the Board shall schedule a hearing on the application pursuant to
this chapter. If the application is found to be deficient in any respect,
the Committee shall so inform the applicant and shall require the
filing of an amended application, which shall be processed as in the
case of the original application.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
After the Planning Board or Board of Adjustment, as the case
may be, is satisfied that the proposed application, together with
any conditions as imposed by said Board, meets all the conditions
of preliminary approval, it shall grant final approval.
[Ord. No. 77:1; Ord. No. 91:16 § XIV; amended 8-23-2021 by Ord. No. 2021:14]
If final approval is granted, copies of the plat or site plan
shall be signed by the Chair and Secretary of the Board granting said
approval, and the Secretary shall file the approved plans with the
following:
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Subsection 30-13.4 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 a major subdivision, the rights conferred by this subsection shall expire if the plat has not been duly recorded within the time period required herein. 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, the Planning Board 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 Subsection 30-13.4 for the section granted final approval.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
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 Bergen County
Recording Officer. The Planning Board may for good cause shown extend
the period for recording for an additional period not to exceed 190
days from the date of signing of the plat.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
No subdivision plat shall be accepted for filing by the Bergen County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chair and Secretary of the Planning Board or a certificate has been issued pursuant to Chapter 291 of the Laws of New Jersey 1975. The signatures of the Chair and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to Subsections 30-14.4 and 30-14.5. If the Bergen County Recording Officer records any plat without such approval, such recording shall be deemed null and void.
[Ord. No. 77:1; New; amended 8-23-2021 by Ord. No. 2021:14]
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 municipal approval is required by ordinance pursuant to this chapter, such person shall be subject to the penalty stated in Chapter 1, § 1-5, and each lot disposition so made may be deemed a separate violation.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
a.
In addition to the foregoing, the municipality may institute and
maintain a civil action for injunctive relief and to set aside and
invalidate any conveyance made pursuant to such a contract of sale
if a certificate of compliance has not been issued in accordance with
this chapter.
b.
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the developer or his assigns
or successors to secure the return of any deposits made or purchase
price paid and also to a reasonable search fee, survey expense and
title closing expense, if any. Any such action must be brought within
two years after the date of the recording of the instrument of transfer,
sale or conveyance of the land, or within six years if unrecorded.
[Ord. No. 77:1; Ord. No. 91:16 § XV; amended 8-23-2021 by Ord. No. 2021:14]
Minor subdivision sketch plats shall be based on Tax Map information
or some other similarly accurate base at a scale (preferably not more
than 100 feet to the inch) to enable the entire tract to be shown
on one sheet. It shall show or include the following information:
a.
The location of that portion which is to be subdivided in relation
to the entire tract.
b.
All existing structures and wooded areas within the portion to be
subdivided and within 200 feet thereof.
c.
The name of the owner and of all adjoining property owners as disclosed
by the most recent tax records.
d.
The Tax Map sheet, block and lot numbers.
e.
All streets or roads and streams.
f.
Certified survey of the lot including all setback distances, front
yard, side yard, and rear yard. Distances of all accessory structures
from lot lines must be shown.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
Major subdivision sketch plats shall be based on Tax Map information
or on some other similarly accurate base at a scale (preferably not
less than 200 feet to the inch) to enable the entire tract to be shown
on one sheet. It shall show or include the following information:
a.
The location of that portion which is to be subdivided in relation
to the entire tract.
b.
All existing structures and wooded areas within the portion to be
subdivided and within 200 feet thereof.
c.
The name of the owner, all adjoining property owners, owners of property
directly across the street from the property involved and owners of
property within 200 feet of the limits of the subdivision, all as
disclosed by the most recent tax records.
d.
The Tax Map sheet, block and lot numbers.
e.
All streets or roads and streams within 500 feet of the subdivision.
[Ord. No. 77:1; Ord. No. 91:16; amended 8-23-2021 by Ord. No. 2021:14]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. It shall be designed and drawn by a New Jersey licensed professional engineer or surveyor in compliance with the provisions of § 30-17 of this chapter and shall show or be accompanied by the following:
a.
A key map showing the entire subdivision and its relation to surrounding
areas.
b.
The tract name; Tax Map sheet, block and lot number; date, reference
meridian; graphic scale; and the names and addresses of the record
owner or owners, of the subdivider and of the person who prepared
the map.
c.
The acreage of the tract to be subdivided, to the nearest tenth of
an acre.
d.
Contours at five-foot intervals for slopes averaging 10% or more
and at two-foot intervals for land of lesser slope to determine the
general slope and natural drainage of the land and the high and low
points and tentative cross sections and center-line profiles for all
proposed new streets.
e.
The location of existing and proposed property lines, streets, buildings,
watercourses, railroads, bridges, culverts, drain pipes and any natural
features, such as wooded areas and rock formations.
f.
Plans of proposed utility layouts (sewers, storm drains, water, gas
and electricity) showing feasible connections to existing or any proposed
utility systems. When an individual water supply or sewage disposal
system is proposed, the plan for such system must be approved by the
appropriate local, county or state health agency. When a public sewage
disposal system is not available, the subdivider shall have percolation
tests or test holes made and submit the results with the preliminary
plat. Any subdivision or part thereof which does not meet with the
established requirements of this chapter or of other applicable regulations
shall not be approved. Any remedy proposed to overcome such a situation
shall first be approved by the appropriate local, county or state
health agency.
g.
A copy of any existing or proposed protective covenants or deed restrictions
applying to the land being subdivided.
[Ord. No. 77:1; Ord. No. 91:16 § XVII; amended 8-23-2021 by Ord. No. 2021:14]
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one inch equals 100 feet and in compliance with all
the provisions of N.J.S.A. 46:23-9.9 et seq. The final plat shall
show or be accompanied by the following information:
a.
Date, name and location of the subdivision, the name of the owner
and subdivider, graphic scale and reference meridian.
b.
Tract boundary lines; right-of-way lines of streets; street names;
easements and other rights-of-way; land to be reserved or dedicated
to public use; all lot lines and other site lines, all with accurate
dimensions, bearings or deflection angles; and radii; arcs and central
angles of all curves.
c.
The purpose of any easement or land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted.
d.
Each block shall be numbered in conformance with the Borough Tax
Map, and the lots within each block shall be numbered consecutively
beginning with No. 1.
e.
Minimum building setback line on all lots and other sites.
f.
Location and description of all monuments.
g.
Names of owners of adjoining land.
h.
Certification by the subdivider's engineer or surveyor as to accuracy
of details of the plat.
i.
Certification that the subdivider is the agent for or is the owner
of the land or that the owner has given consent under an option agreement.
j.
When approval of a plat is required by an officer or body of the
Borough, the county or the state, approval shall be certified on the
plat.
k.
Cross sections and profiles of streets, approved by the Borough Engineer,
shall be required to accompany the final plat.
l.
Grading plan showing existing and final contours at five-foot intervals
for slopes averaging 10% or greater and at two-foot intervals for
land of lesser slope.
m.
Plans and profiles of storm and sanitary sewers and water mains.
n.
Certificate from the Tax Collector that all taxes are paid to date.
o.
Location of existing and proposed fire hydrants. Show location of
all existing hydrants within 600 feet of the site.
[Ord. No. 77:1; Ord. No. 91:16 § XVIII; Ord. No. 2012:06; amended 8-23-2021 by Ord. No. 2021:14]
The preliminary site plan shall be drawn at a scale of at least
one inch equals 30 feet; provided, however, that where this scale
would result in an unduly large map, the Planning Board may permit
a larger scale. The site plan shall include the following information.
a.
Name and title of the applicant, owner and person preparing the map.
b.
Place for the signature of the Chair and Secretary of the Planning
Board.
c.
Place for the signature of the Borough Engineer.
d.
Tax Map lot and block number.
e.
Date, scale and North sign.
f.
Zone in which the property in question falls and zone dividing lines
through, abutting or near the property.
g.
The entire property in question even though only a portion of the
property is involved in the site plan; provided, however, that where
it is physically impossible to show the entire property on one sheet,
a key map is permitted.
h.
All abutting streets and property lines and location and setbacks
of buildings on abutting lots, including fences, parking areas and
access drives.
i.
Front, side and rear setback dimensions.
j.
All lot line dimensions.
k.
Rights-of-way, easements and all other interests in lands any of
which are required by this chapter to be deeded to the Borough.
l.
The principal buildings and all accessory buildings, with dimensions,
including the height, number of stories and first floor elevation.
m.
Type of paving, curbs, sidewalks, parking space layouts and loading
areas, with dimensions.
n.
Location and construction details of catch basins and all storm drainage
facilities.
o.
Location, size and type of all proposed landscaping, including shade
trees, both on the lot and along the public right-of-way. In addition,
design details of fences, walls, guard rails and similar facilities
shall be furnished. Plans for landscaping and landscape structures
must accompany the application but may be on a separate plan to be
approved by the Planning Board.
p.
Location and type of all proposed lighting.
q.
Location, size and general description of all proposed signs, including
both business signs and those related to off-street parking or loading
areas.
r.
Building elevations, in order to demonstrate that the proposed building
or buildings will be aesthetically acceptable and in keeping with
the character of the area in which they are to be located.
s.
Building plans and elevations.
t.
Any other requirement of this chapter.
u.
A soil erosion and sediment control plan. The plan shall be submitted
to the Soil Conservation District, and approval of the application
shall be conditioned upon certification of the soil erosion and sediment
control plan by the district.
v.
Map showing the entire drainage area and the drainage area contributing
to each pertinent drainage structure along with drainage tabulation
sheets showing calculations for each drainage area. Each drainage
area shall be marked for identification purposes.
w.
Official seal of the licensed professional engineer, land surveyor,
architect or planner preparing the plans.
x.
Location of existing and proposed fire hydrants within 600 feet of
the site.
y.
Compliance with existing streetscape in the area to the greatest
extent possible and in a manner acceptable to the Borough Engineer.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
If it can be demonstrated that, because of peculiar conditions
relating to the property or proposed construction, any of the above
details are not necessary to properly evaluate the site plan, the
Site Plan Committee may modify or waive any of the specific site plan
details.
[Ord. No. 77:1; Ord. No. 91:16 § XIX; amended 8-23-2021 by Ord. No. 2021:14]
The final site plan shall be drawn in the same manner as the preliminary site plan and shall include all those details outlined in Subsection 30-16.5 above. In addition, the final site plan shall show or include the following:
a.
Final contours of the property and for 100 feet outside the property
at two-foot intervals when new buildings or parking areas or resurfacing
of existing parking areas are proposed. If only a portion of the property
is being developed, contours need only be shown for said portion and
100 feet beyond.
b.
Final building floor plans and front, rear and side building elevations
showing building materials.
c.
The location, type and size of existing and proposed catch basins,
storm drainage facilities and all utilities, both above and below
the ground.
d.
The location, type and size of all existing and proposed curbs, sidewalks,
driveways, fences, retaining walls, parking space areas and the layouts
thereof and all off-street loading areas, together with the dimensions
of all the foregoing.
e.
The location, size and nature of all existing and proposed rights-of-way,
easements and other encumbrances which may affect the premises in
question, and the location, size and description of any lands contemplated
to be dedicated to the borough.
f.
The location, size and nature of the entire property in question,
and any contiguous property owned by the applicant or in which the
applicant has a direct or indirect interest, even though only a portion
of the entire property is involved in the site plan for which approval
is sought; provided, however, that where it is physically impossible
to show such entire property or contiguous property or properties
on one map, a key map thereof shall be submitted.
g.
The location, names and widths of all existing and proposed streets
abutting the premises in question, the property lines of all abutting
properties, together with the names and addresses of the owners as
disclosed on the Borough Tax Map and tax rolls on file in the Borough
offices as of the date of the site plan application.
h.
A landscaping plan shall be submitted and be subject to review and
approval by the Planning Board. The landscaping plan shall show in
detail the proposed setback dimensions for all buildings and the location,
size and type of all plantings, including lawns, to be used on the
site. All areas not used for buildings or off-street parking shall
be included in the landscape plan.
i.
Location of existing and proposed fire hydrants.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
The Planning Board shall review the final site plan in the same
manner as the preliminary site plan and shall ascertain that all requirements
of this chapter are complied with.
[Amended 8-23-2021 by Ord. No. 2021:14]
Prior to the issuance of a certificate of occupancy, all improvements as shown on the approved site plan shall have been completed. When by reason of adverse weather conditions completion of certain improvements would cause an undue delay, the Planning Board shall require the posting of a performance guaranty sufficient in amount to cover the cost of all such uncompleted improvements as estimated by the Borough Engineer, assuring the installation of such uncompleted improvements within one year of the posting of the performance guaranty. The amount of the performance guaranty shall be fixed by the Planning Board and shall not be in excess of 120% of the cost of uncompleted improvements as estimated by the Borough Engineer. The performance guaranty shall be in the form of a certified check, drawn on a bank which is a member of the Federal Reserve System, payable to the Borough of New Milford. The performance guaranty shall be approved by the Borough Attorney as to form and execution. Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit or certificate of occupancy, as the case may be, shall be construed to be a violation of this chapter and shall be grounds for the revocation of any building permit or certificate of occupancy, as the case may be. If the Code Enforcement Officer finds that any conditions of site plan approval have not been met, the Code Enforcement Officer shall give the applicant 10 days' written notice to comply with the conditions, and failure to comply within this ten-day period shall result in the revocation of the building permit or certificate of occupancy, as the case may be. Such violations may additionally or singly also be prosecuted under Subsection 30-3.6.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
The subdivision plat shall conform to design standards that
will encourage good development patterns within the municipality.
Where either or both an Official Map or Master Plan has or have been
adopted, the subdivision shall conform to the proposals and conditions
shown thereon. The streets, drainage rights-of-way, school sites,
public parks and playgrounds shown on an officially adopted Master
Plan or Official Map shall be considered in approval of subdivision
plats. Where no Master Plan or Official Map exists, streets and drainage
rights-of-way shall be shown on the final plat in accordance with
Section 20 of Chapter 433 of the Laws of 1953 and shall be such as
to lend themselves to the harmonious development of the municipality
and enhance the public welfare in accordance with the following design
standards.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
a.
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets.
b.
Minor streets shall be so designed as to discourage through traffic.
c.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan or Official Map or the
street width requirements of this chapter shall dedicate additional
width along either one or both sides of the road. If the subdivision
is along one side only, 1/2 of the required extra width shall be dedicated.
d.
Grades of streets shall not exceed 10%. No street shall have a minimum
grade of less than 0.6% percent.
f.
Street jogs with center-line offsets of less than125 feet shall be
prohibited.
g.
When connecting street lines deflect from each other at any one point
by more than 10° and not more than 45°, they shall be connected
by a curve with a radius of not less than 100 feet.
h.
All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance.
i.
Dead-end streets.
1.
Dead-end streets (cul-de-sacs) shall not be longer than 500 feet
and shall provide a turnaround at the end with a radius of not less
than 50 feet.
2.
If a dead-end street is of a temporary nature, a similar turnaround
shall be provided and provisions made for future extension of the
street and reversion of the excess right-of-way to the adjoining properties.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
a.
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area by the
zoning regulations and to provide for convenient access, circulation,
control and safety of street traffic.
b.
In blocks over 1,000 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the Planning Board. Such walkways
shall be 10 feet wide and shall be straight from street to street.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
a.
Lot dimensions and area shall not be less than the requirements of
the zoning regulations.
b.
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
c.
Each lot must front upon an approved street at least 50 feet in width.
d.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions or similar circumstances, the Planning Board may, after
adequate investigation, withhold approval of such lots.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
a.
In large-scale development, easements along rear property lines or
elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and located in consultation with the
companies or municipal departments concerned.
b.
Where a subdivision is traversed by a watercourse, drainageway channel
or stream, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially with the lines of such watercourse,
and such further width or construction, or both, as will be adequate
for the purpose.
c.
Natural features, such as trees, brooks, hilltops and views, shall
be preserved, whenever possible, in designing any subdivision containing
such features.
