A.
Environmental design and site plan review. In order to assure the
harmonious development of all areas of the Borough of North Caldwell
in accordance with the intended appearance of the Borough, as established
by the Master Plan, to assure that maximum care is exercised to preserve
and enhance existing natural features and environmental conditions,
to preclude the creation of traffic flow or traffic safety problems
and to maximize efforts to assure each property owner the right to
safe and comfortable enjoyment of his property, an environmental design
and site plan for new construction, not to include internal remodeling
and/or internal alterations or renovations, shall be reviewed and
approved by the North Caldwell
Planning Board prior to the issuance of a building permit, zoning
permit or certificate of occupancy in the following situations:
(1)
Except for individual lot applications for detached one-or two-dwelling-unit
buildings, prior to the issuance of any building permit, zoning permit
or certificate of occupancy, as the case may be, for any new structure,
addition to or alteration of any existing structure or change in use,
a site plan shall be submitted to the Planning Board for its review
and approval.
(2)
Site plan review shall also be required for the approval of a conditional
use by the Planning Board, in which case the site plan shall be submitted
to the Planning Board at the time of filing the petition for such
conditional use.
(3)
At the time of application for approval of any cluster development.
(4)
At the time of application for or subsequent to the approval of a
use variance by the Board of Adjustment, in which cases the site plan
approval shall be granted by the Board of Adjustment pursuant to N.J.S.A.
40:55D-76.
A.
Applications for development within the jurisdiction of the Planning
Board shall be filed with the Secretary to the Planning Board. The
applicant shall file, at least 14 days before the date of the monthly
meeting of the Board, all the information on the checklist supplied
by the Planning Board as required for the type of application that
the applicant wishes to make. The checklist to be supplied by the
Planning Board shall be as set forth in the chapter Appendix.
Editor's Note: The Checklist Appendix is included as an attachment to this chapter.
B.
The applicant may request that one or more of the submission requirements
on the checklist be waived, in which event the Planning Board shall
grant or deny the request within 45 days.
C.
In the event that the Planning Board does not certify the application
to be complete within 45 days of the date of the submission, the application
shall be deemed complete upon the expiration of the 45 day period
for purposes of commencing the applicable time period, unless the
application lacks information indicated on the checklist and the Planning
Board has notified the applicant in writing of the deficiencies in
the application within 45 days of the submission of the application.
The Planning Board may subsequently require correction of any information
found to be in error and submission of additional information not
specified herein or any revisions in the accompanying documents as
are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been made. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents that are required by the Planning Board.
D.
Nothing contained in this section shall be construed as diminishing
the applicant's obligation to prove in the application process that
he is entitled to approval of the application.
A.
Every owner of land within the Borough of North Caldwell shall, prior
to subdividing or resubdividing land as defined in this chapter, submit
to the Secretary of the Planning Board, at least 20 days prior to
the regular meeting of the Board, 15 copies of a plat of the proposed
subdivision, for purposes of examination and classification.
B.
If classified as a minor subdivision by the Board, a notation to
that effect will be made on the plat.
C.
If classified as a minor subdivision, the Planning Board may waive
notice and public hearing for an application for development and grant
minor subdivision approval in accordance with N.J.S.A. 40:55D-47,
provided that the approval may be conditioned on terms ensuring compliance
with the provisions of this chapter.
D.
Copies of approval plat.
(1)
Before the Planning Board Secretary returns any approved plat to
the applicant, the Planning Board Secretary shall have sufficient
copies made to furnish one copy to each of the following:
(2)
The cost of the copies will be charged to the applicant and shall
be collected before the return of the original plat to applicant.
E.
A plat map drawn in compliance with N.J.S.A. 46:26A, 46:26B and 46:26C,
or a deed of conveyance endorsed by the Chairman and Secretary of
the Planning Board shall be filed by the applicant with the County
Register's Office within 190 days from the date of return of the approved
plat or said minor subdivision approval shall expire.
F.
If the plat is classified as a major subdivision, a notation to that
effect shall be made on the plat, which will be returned to the applicant
for compliance with the procedures of this article.
G.
Plat details. The plat shall be based on Tax Map information or some
other similarly accurate base at a scale [preferably not less than
400 feet to the inch] to enable the entire tract to be shown on one
sheet, and shall show or include the following information:
(1)
The location of that portion which is to be subdivided in relation
to the entire tract.
(2)
All existing structures and wooded areas within the portion to be
subdivided and within 200 feet thereof.
(3)
The name of the owner and of all adjoining property owners as disclosed
by the most recent municipal tax records.
(4)
The Tax Map sheet, block and lot numbers.
(5)
All streets or roads and streams within 500 feet of the subdivision.
A.
The sizes of all maps and plans of any proposed land development
shall be consistent with the sizes permitted under N.J.S.A. 46:26A,
46:26B and 46:26C, as follows:
B.
Any preliminary site plan presented to the North Caldwell Planning
Board shall be drawn at a scale of not less than one inch equals fifty
feet (1"=50'). A graphic scale shall be included. Land developments
of more than 40 acres may be drawn at a scale of one inch equals 200
feet (1"=200').
C.
Any preliminary site plan shall include and show the following information:
(1)
The name address and nature of interest in the land of the applicant
and the owner and the name, address, title and seal of the person
preparing the plan; maps, including appropriate map titles; and accompanying
data.
(2)
An appropriate place for the signature of the Chairman or Acting
Chairman and the Secretary of the North Caldwell Planning Board and
the date of signature and, for county site plan review, an appropriate
place for the signatures of the County Planning Board Secretary and
Planning Director.
(3)
The Municipal Tax Map, lot and block numbers of the lot or lots and
tax sheet number.
(4)
A key map showing the site and its relationship to surrounding areas
within a minimum of 300 feet.
(5)
A date, scale and North arrow on any map.
(6)
The zone district in which the lot or lots are located, together
with a delineation of the front yard setback line required in the
zone district.
All existing and proposed setback dimensions, landscaping areas
and trees six inches or over in diameter.
[Ord. No. 3-2008]
(7)
All existing and proposed signs and lighting standards and utility
poles, if any, and their size, type of construction and location within
25 feet of any road right-of-way line or, where appropriate, the proposed
right-of-way line.
(8)
The existing and proposed principal building or structure and all
accessory buildings or structures, if any, and finished grade elevations
at all corners of said buildings.
(9)
Existing topography, based on New Jersey Geodetic Control Survey
datum, and proposed grading with a maximum of two foot contour intervals.
(10)
The location, type and size of all existing and proposed catch
basins, storm drainage facilities, sanitary sewers and utilities,
plus all required design data supporting the adequacy of the existing
or proposed facility to handle future storm flows, where applicable.
(11)
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 on the site in question and
within 100 feet of said site. In addition, the following information,
where applicable, shall be approximately shown on the site plan map.
(12)
The location, size and nature of all existing and proposed rights-of-way,
easements and other encumbrances which may affect the lot or lots
in question and the location, size and description of any lands to
be dedicated to North Caldwell, the County of Essex or other government.
(13)
The location, size and nature of the entire lot or lots in question
and any contiguous lots 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 lot or lots or contiguous lots on one map, a key
map thereof shall be submitted.
(14)
The location, names and widths of all existing and proposed
streets, including cross sections and profiles abutting the lot or
lots in question and within 200 feet of said lot.
(15)
For residential cluster plans, the following additional information
is required:
(a)
Surrounding area map. A map at a scale of not less than one
inch equals 200 feet shall be submitted, showing the following:
[1]
The location and shape of the residential cluster development.
[2]
The names of all owners of record of all adjacent property and
the Tax Map, block and lot number of said properties within 500 feet
of the residential cluster development boundary lines, together with
all existing structures on said property.
[3]
The development characteristics of the adjoining lands, including
lot patterns, if applicable, and the street system.
(b)
Existing conditions map. One or more maps at a scale of not
less than one inch equals 100 feet shall be submitted showing the
entire residential cluster development site. Each map shall be prepared
on one sheet and shall show the following:
[1]
Acreage of the residential cluster development to the nearest
tenth of an acre.
[2]
Tract boundary lines with dimensions and bearings.
[3]
Location of existing buildings and all other structures, such
as walls, fences, culverts, bridges, roadways and the like, with spot
elevations of such structures to be removed, shall be indicated by
lines.
[4]
Location of all existing storm drainage structures, utility
lines and easements, whether publicly or privately owned.
[5]
A topographic map showing contours at a maximum two-foot interval.
[Ord. No. 17-2008]
[6]
Location of existing high points, watercourses, depressions,
ponds, marshes, wooded areas and other significant features.
(c)
Proposed residential cluster development map. One or more maps
at a scale of not less than one inch equals 100 feet shall be prepared
and shall show the proposed development of the residential cluster
development site. Each map shall show the entire site on one sheet
and may be supplemented with such larger scale maps as necessary.
Said map(s) shall show the following:
[1]
The proposed gross residential density and the net residential
density.
[2]
The proposed use or uses of land and buildings and the approximate
height, floor area and location of buildings and other structures.
[3]
The proposed location and area of any common recreation areas
of residential cluster development open space.
[4]
The proposed location and approximate dimensions of pavement
and right-of-way widths and street lengths.
[5]
The proposed provision for vehicular off-street parking, including
approximate locations of ingress and egress.
[6]
The proposed location of major utility services, including principal
drainage rights-of-way or trunk sewers, principal water mains and
sanitary sewers, water storage tanks, sanitary sewage disposal plants,
gas and electric transmission lines, telephone service, other wire
services and other similar facilities. Wherever feasible, all wire
services shall be provided through underground utility easements.
[7]
The proposed location, type and size of all landscaping.
(d)
Preliminary plan approval report. A total of 10 copies of a
written report by the applicant shall be filed with the preliminary
plan and improvement maps and shall include the following:
[1]
Copies of covenants, deed restrictions, easements or exceptions
applying to the land.
[2]
The substance of any proposed covenants, grants or easements
or other restrictions proposed to be imposed upon the use of the land,
buildings and structures, including proposed easements or grants for
public utilities.
[3]
The form of organization proposed to own and maintain any residential
cluster development open space or common recreation area.
[4]
Modifications from the existing ordinances governing streets
being requested.
[5]
A schedule showing the proposed times within which applications
for final approval and development of all sections of the residential
cluster development are intended to be filed.
[6]
All calculations necessary to determine the number of residential
units permitted, density requirements, common recreation area and
residential cluster development open space, requirements and other
similar calculations.
[7]
A statement of why the public interest would be served by the
proposed development, such statements to be supported by a detailed
economic, social and physical study, and to show wherein the proposed
development would meet the objectives of this chapter.
D.
In addition to the site plan, the applicant shall submit for review
by the Municipal Agency:
(1)
Elevations from all streets, showing structures and other salient
features of the site plan.
(2)
A landscaping plan, including location, type and size of proposed
planting and screens.
(3)
An environmental impact statement is required for all projects containing
two or more acres in a residential zone or containing one or more
acres where a use variance is required or where a nonresidential use
is proposed. The environmental impact statement shall contain the
following information:
(a)
The location of the project and a description of the project
specifying what is to be done and how it is to be carried out. Maps
and materials contained therein shall comply with all of the requirements
of the Zoning and Land Use Ordinance.
(b)
An inventory of existing environmental conditions of the project
site in the surrounding region, which shall contain and describe the
following:
[1]
Sewerage.
[2]
Air quality.
[3]
Water supply.
[4]
Water quality.
[5]
Hydrology.
[6]
Geology.
[7]
Soils.
[8]
Topography.
[9]
Vegetation.
[10]
Land use on the site as well as on the surrounding
area.
[11]
Aesthetics.
[12]
History and demography.
[13]
Streets, roads, highways and traffic patterns
and volumes.
(c)
An assessment of the environmental impact of the project as described in Subsection D(3)(a), both adverse and beneficial, upon the 13 items described in Subsection D(3)(b), including an evaluation of the public and social costs of the project, shall be stated, including but not limited to the following:
[1]
Sewage and sewerage.
[2]
Water quality.
[3]
Air quality.
[4]
Noise.
[5]
Undesirable land use patterns.
[6]
Damage or destruction of significant plants and/or wildlife
systems.
[7]
Aesthetic values.
[8]
Displacement of people and business.
[9]
Displacement of viable farms and recreational areas.
[10]
Destruction of natural resources.
[11]
Employment and property tax.
[12]
Disruption of desirable community and regional
growth.
[13]
Health, safety and well-being of the public.
[14]
Effect on the local traffic patterns and volumes.
(d)
A list of all licenses and permits and/or approvals as required
by the municipality, county and state law and the statutes of each.
(e)
A listing of all adverse environmental impacts that cannot be
avoided and why, if any.
(f)
Steps to be taken to minimize adverse environmental impact during
construction and operation, both at the project site and in surrounding
areas, where applicable.
(g)
A reference list of pertinent published information relating
to the project site and the surrounding areas, where applicable.
(h)
An engineering report covering a minimum of Subsection D(3)(c)[1] through [8], inclusive, and Subsection D(3)(b)[13] above and Subsection D(3)(c)[1], [2], [3] and [14] above.
(i)
Certification by the applicant's land surveyor or architect
or engineer to the effect that he has read the Borough's applicable
ordinances and a statement as to whether or not the plan or report
he signed complies with all of the requirements of these applicable
ordinances.
A.
The preliminary plat plan shall be clearly and legibly drawn on tracing
paper or upon tracing cloth, at a scale not smaller than 200 feet
to one inch, and shall show the following:
(1)
The name of the subdivision.
(2)
The name and address of the owner or owners of the property, the
subdivider and the licensed engineer or land surveyor.
(3)
A boundary survey showing location of existing property lines, buildings,
wooded areas, tree groups and isolated trees greater than six inches
in diameter (designated as to species), watercourses and width and
direction of flow, storm sewers, water mains, electric lines, telephone
lines and other existing features.
[Ord. No. 3-2008)]
(4)
Essential facts as to adjoining properties, such as names of owners
of all immediate adjacent land, all watercourses and all roads and
streets and widths thereof occurring within 500 feet of any part of
the property proposed to be subdivided, and proposed exits to duly
accepted public streets and highways.
(5)
Contours at a maximum of two-foot intervals and references to permanent
bench marks, locations of existing and proposed permanent survey monuments
(use triangles to designate existing monuments and squares to designate
proposed monuments).
[Ord. No. 17-2008]
(6)
All proposed streets with widths, approximate radii of curves, grades
and tentative profile for each street and typical cross sections showing
roadway paving, sidewalks and curb locations.
(7)
All lots with approximate dimensions.
(8)
Proposed building or setback lines or each street, the zone in which
the land to be subdivided falls according to the Zoning Map and any
proposed changes in the boundaries of these zones.
(9)
Proposed parks, playgrounds and public building sites offered for
dedication and all parcels reserved for common use of all property
owners.
(10)
Date, magnetic North point and scale.
B.
The preliminary plan shall be accompanied by reports and written
statements from the applicant, giving essential information regarding
the following matters:
(1)
Ownership of property to be subdivided; if in corporate ownership,
the names and addresses of the officers and stockholders thereof;
the nature, character and extent of any and all liens on the premises.
(2)
If other than existing municipal water supply, the source and quantity
of water supply.
(3)
Proposed method of sewage disposal. If not connected with municipal
sewers, a report from the local Board of Health as to percolation
tests shall be furnished.
(4)
Types of street improvements and utilities which the subdivider proposes
to install.
(5)
Restrictions which the subdivider proposes to apply, if any.
(6)
Proposed character and type of development and type, minimum cost
and location of buildings to be erected. When variations are made
for different parts of a subdivision, the specific variations shall
be stated.
(7)
Proposed date of beginning development.
(9)
An environmental impact statement in accordance with the provisions
of § 107-37D(3) for any subdivision containing two or more
acres in a residential zone or one or more acres where a use variance
is required or where a nonresidential use is proposed, provided that
no environmental impact statement shall be required for a minor subdivision.
A.
The following guidelines will be utilized by the Planning Board in
reviewing site plans and subdivisions. These guidelines are intended
to provide a general frame of reference for the applicant in the development
of site and building plans as well as a method of review by the Planning
Board.
(1)
Preservation of landscape. The landscape shall be preserved in its
natural state, insofar as practicable, by minimizing tree and soil
removal, and any grade changes shall be in keeping with the general
appearance of the neighboring developed areas.
(2)
Relation of proposed buildings to environmental design. Proposed
structures shall be related harmoniously to the terrain and physical
environment and to existing buildings in the vicinity that have a
visual relationship to the proposed buildings. The achievement of
such relationship may include the enclosure of space in conjunction
with other existing buildings or other proposed buildings and the
creation of focal points with respect to avenues of approach, terrain
features or other buildings. Proposed new construction or reconstruction
of structures should be designed to enhance the environmental quality,
including the improvement of the living environment of area residents.
(3)
Drives, parking and circulation. With respect to vehicular and pedestrian
circulation, including walkways, interior drives and parking, special
attention shall be given to location and number of access points to
the public streets, width of interior drives and access points, general
interior circulation, separation of pedestrian and vehicular traffic
and arrangement of parking areas that are safe and convenient and,
insofar as practicable, do not detract from the design of proposed
buildings and structures and the neighboring properties.
(4)
Surface water drainage. Special attention shall be given to proper
site surface drainage so that removal of surface waters will not adversely
affect properties or the public storm drainage system. Stormwater
shall be removed from all roofs, canopies and paved areas and carried
away in an efficient and approved manner. Surface water in all paved
areas shall be collected at intervals so that it will not obstruct
the flow of vehicular or pedestrian traffic and will not create puddles
in the paved areas.
(5)
Utility services. Electric and telephone lines shall be underground
where practicable. Any utility installations remaining aboveground
shall be located so as to have a harmonious relation to neighboring
properties and the site.
(6)
Advertising features. The size, location, lighting and material of
all permanent signs and outdoor advertising structures or features
shall not detract from the design of proposed buildings and structures,
and the surrounding properties shall be in accordance with the provisions
of this chapter.
(7)
Special features. Exposed storage areas, exposed machinery installation
and service areas, truck loading areas, utility buildings and structures
and similar accessory areas and structures, if permitted by this chapter,
shall be subject to such setbacks, screen plantings or other screening
methods as shall reasonably be required to prevent their being incongruous
with the existing or contemplated site design and the surrounding
properties.
(8)
Application of design standards. The standards of review outlined
above shall also apply to all accessory buildings, structures, freestanding
signs and other side features, however related to the major buildings
or structures.
B.
To assist the Planning Board in its evaluation of the proposed project,
the applicant shall, at the discretion of the Planning Board, include
additional data and information as follows:
(1)
Sewerage facilities. It must be shown that either there will be no
runoff from the site of the proposed development or that sewage can
be disposed of through facilities adequate to preclude water pollution.
(a)
Compliance with State Department of Environmental Protection
and Municipal Board of Health regulations.
(b)
Plant design capacity, monthly average flows for the past 12
months, enforcement action against the plant, capacity of the plant
to treat industrial or commercial wastes, if applicable, receiving
water quality standards, stream quality data from state, federal or
private sources, stream flow [minimum average, seven consecutive days'
flow with a frequency of occurrence of 10 years], plans for a sewage
treatment facility, local plans, state regional planning policy and
flows expected from other approved subdivisions which are dependent
upon the sewage treatment facilities in question.
(2)
Water supply. It must be shown that an adequate potable water supply
is available and not threatened by the existing development of nearby
land.
(a)
Compliance with state and local regulations.
(b)
If the supply is from public facilities off site, including
private water companies, the amount of diversion granted by the Division
of Water Resources (maximum gallons of water pumped during any month),
the present diversion [maximum gallons of water pumped during the
past 24 months] and diversions expected from other approved developments
which are dependent upon the present diversion granted by the Division
of Water Resources.
(c)
If the supply is from on-site sources, realty improvements [fewer
than 50 dwelling units], the location and depth of all private and
public water supplies within 500 feet of the realty improvement; location,
depth and adequacy of the proposed realty improvement; and geological
description of subsurface conditions, including expected groundwater
yields, using published geological reports or a report by a geologist.
For realty improvements [more than 50 dwelling units], no preliminary
subdivision approval until the Division of Water Resources has determined
that the proposed water supply and sewage disposal facilities are
adequate.
(3)
Drainage. It must be shown that stormwater runoff from the site is
so controlled that on- or off-site erosion is not caused and that
the potential of downstream flooding is not aggravated.
(a)
Volume of stormwater runoff now existing from the site and volume
to be generated by new improvements.
(b)
Data on landscaping, vegetation map, trees and ground cover
existing on the site compared with that proposed.
(c)
Changes of runoff to be caused by changes of such landscape
and all roofs and paved surfaces.
(d)
Plans for disposition of stormwater, whether by retention on
site or means of channeling, so as to protect downstream property.
(e)
Stream encroachment. An encroachment permit is required from
the Division of Water Resources, as determined by that office, for
fill or diversion of a water channel, alteration of a stream and repair
or construction of a bridge, culvert, reservoir, dam, wall, pipeline
or cable crossing.
(f)
Floodplains. Description of potential flood damages, including
a summary of flood stages from state and federal sources.
(g)
Submission of a sediment and erosion control plan drawn in accordance
with the guidelines and standards adopted from time to time by the
Essex County Soil Conservation District.
(4)
Solid waste disposal. A plan for disposal of solid waste by means
of a facility operating in compliance with the State Sanitary Code.
(5)
Air pollution. It must be shown that no visible smoke or deleterious
chemical changes are produced in the atmosphere by heating or incinerating
devices or by any processing of materials.
(6)
Critical impact areas. Plans should include any areas, condition
or feature which is environmentally sensitive or which, if disturbed
during construction, would adversely affect the environment. It must
be shown how said adversity will be minimized pursuant to a plan approved
by the Planning Board.
(a)
Critical impact areas include, but are not limited to, stream
corridors, streams, wetlands, estuaries, slopes greater than 10% highly
acid or highly erodible soils, areas of high water table and mature
stands of native vegetation and aquifer recharge and discharge areas.
[Ord. No. 2-00]
(b)
A statement of impact upon critical areas and of adverse impacts
which cannot be avoided.
(c)
Environmental protective measures, procedures and schedules
to minimize damage to critical impact areas.
(d)
A list of all licenses, permits and other approvals required
by municipal, county or state law, and the status of each.
(e)
A listing of all adverse environmental impacts, especially irreversible
damage, that cannot be avoided.
(f)
An assessment of the environmental impact of the project.
(g)
A listing of steps proposed to minimize environmental damage
to the site and region during construction and operation.
(7)
Traffic and circulation. It must be shown how public traffic arteries
will be impacted on by the traffic to be generated by the proposed
project.
(a)
Existing twenty-four-hour and peak-hour traffic volumes on all
critical arteries affected by a count taken within 12 months preceding
the date of the application.
(b)
Projected 24 hour and peak-hour trip generated by the proposed
project.
(c)
Capacity analyses of critical arteries affected.
(d)
Accident data of critical arteries affected.
(e)
Speed and delay data of critical arteries affected.
(f)
Any off-site improvements made necessary to avert traffic hazards
and to maintain an acceptable level of service on public thoroughfares
by traffic generated by the proposed project.
(8)
Economic analysis. It should be shown how the demands placed upon
the municipal resources by the proposed development can be offset
by anticipated revenues.
(a)
Projected population increases resulting from the proposed development.
(b)
Age and other characteristics of the projected population.
(c)
Estimated demand upon municipal services, such as educational
facilities, police and fire protection, recreational facilities, garbage
collection, municipal administration and the cost to the municipality
of providing such services.
(d)
Anticipated increases in municipal revenues as a result of the
proposed project.
(9)
Any and all other information and data necessary to meet any of the
requirements of this chapter not listed above.
C.
Notwithstanding the foregoing, the Planning Board may, at the request
of the applicant, waive the requirement for an impact statement if
sufficient evidence is submitted to support a conclusion that the
proposed development will have slight or negligible development impact.
Portions of such requirement may likewise be waive upon a finding
that a complete report need not be prepared in order to evaluate adequately
the environmental impact of the particular project.
A.
The Planning Board shall act upon preliminary site plan approval
of a site plan involving 10 acres or fewer or a preliminary subdivision
plan calling for the subdivision of 10 lots or fewer or minor subdivision
application within 45 days of the date of submission of a complete
application. The Planning Board shall act upon preliminary site plan
approval of a site plan involving more than 10 acres or preliminary
subdivision plan calling for the subdivision of more than 10 lots
within 95 days of the date of submission of a complete application.
B.
The Planning Board shall act through a resolution adopted at a meeting held within the time period provided in Subsection A above, or a memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Planning Board voted to grant or deny approval. Only the members of the Planning Board who voted for the action taken shall vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided in this Subsection B, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Planning Board and not to be an action of the Planning Board.
C.
If the Planning Board fails to adopt a resolution or memorializing
resolution as hereinabove specified, any interested party may apply
to the Superior Court in a summary manner for an order compelling
the Planning Board to reduce its findings and conclusions to writing
within a stated time, and the cost of the application, including attorneys'
fees, shall be assessed against the Borough.
D.
Whenever review or approval of a site plan or subdivision is required
by the County Planning Board, any action by the Borough Planning Board
shall be conditioned upon action by the County Planning Board.
E.
The time limits set forth herein may be enlarged by statements in
writing to the effect submitted by the applicant to the Planning Board.
F.
All hearings and notices shall be held and given in accordance with
the provisions of N.J.S.A. 40:55D-10, 55D-11 and 55D-12 and ordinances
of the Borough of North Caldwell.
G.
A resolution of preliminary approval or denial of a residential cluster
plan shall also include not only conclusions but also findings of
fact related to the specific proposal and shall set forth the reasons
for the grant, with or without conditions, or for the denial, and
said resolutions shall set forth with particularity in what respects
the plan would or would not be in the public interest, including but
not limited to findings of fact and conclusions on the following:
(1)
In what respects the plan is or is not consistent with this chapter.
(2)
The extent to which the plan departs from zoning and subdivision
regulations otherwise applicable to the subject property, including
but not limited to density, bulk and use, and the reasons why such
departures are or are not deemed to be in the public interest.
(3)
The purpose, location and amount of the common space in the residential
cluster development, the reliability of the proposals for maintenance
and conservation of the common open space and the adequacy or inadequacy
of the amount and purpose of the common space related to the proposed
density and type of development.
(4)
The physical design of the plan and whether said design does or does
not make adequate provision for public services; provide adequate
control over the vehicular and pedestrian traffic; minimize hazards
from soil erosion, flooding and runoff; and preserve the natural characteristics
of the landscape and further the amenities of light and air, recreation
and visual enjoyment.
(5)
The relationship, beneficial or adverse, of the proposed residential
cluster development to the neighborhood in which it is proposed to
be established.
(6)
In the case of a plan which proposes development over a period of
years, the sufficiency of the terms and conditions intended to protect
the interests of the public and of the residents, occupants and owners
of the development in the integrity of the plan.
(7)
In the case of a plan which provides for development over a period
of years, the periods of time within which applications for final
approval of each part thereof shall be filed shall be specified as
part of the preliminary approval.
H.
A resolution of preliminary approval of a residential cluster plan
shall also include findings of fact and conclusions demonstrating:
(1)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards pursuant to N.J.S.A. 40:55D-65c.
(2)
That 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.
(3)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic
and the amenities of light and air, recreation and visual enjoyment
are adequate.
(4)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(5)
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.
A.
Within 10 working days after the decision of the Planning Board,
the resolution of preliminary approval shall be certified by the Clerk
of the municipality and shall be filed in his office, and a certified
copy shall be mailed to the applicant. Where preliminary approval
has been granted, the same shall be noted on the Zoning Map maintained
in the office of the Borough Clerk. Notice of the Planning Board's
grant or denial of preliminary approval shall be published in accordance
with the provisions of N.J.S.A. 40:55D-10i.
B.
Preliminary approval of a plan shall not qualify a plan for recording
nor authorize development or the issuance of any building permits.
The effect of the grant of preliminary approval shall be as set forth
in N.J.S.A. 40:55D-49.
C.
In the event that a plan is given preliminary approval and thereafter,
but prior to final approval, the applicant shall elect to abandon
part or all of said plan and shall so notify the Municipal Agency
in writing or in the event that the applicant shall fail to file an
application or applications for final approval within the required
period or periods of time, as the case may be, the preliminary approval
shall be deemed to be revoked, and all that portion of the area included
in the plan for which final approval has not been given be subject
to those local ordinances applicable thereto, as they may be amended
from time to time, and the same shall be noted on the Zoning Map in
the office of the Clerk of the municipality and in the records of
the Clerk of the municipality.
A.
An application for final approval may be for all the land included
in a plan or to the extent set forth in the preliminary approval for
a section thereof. Said application shall be made to the Planning
Board and shall be within the time or times specified by the resolution
granting preliminary approval or prior to the expiration of preliminary
approval under N.J.S.A. 40:55D-49. Said application for final approval
shall be accompanied by a fee of $200. The application shall include
such drawings, specifications, covenants, easements, conditions and
form of performance bond as were set forth by written resolution of
the Planning Board at the time of preliminary approval. In addition,
the applicant shall pay all inspection costs and consulting fees incurred
by the Borough. Applications for final approval shall be considered
in accordance with the terms of N.J.S.A. 40:55D-50 and the provisions
of this chapter set forth below.
B.
General requirements for final site plan approval.
(1)
All maps required for final site plan approval shall include the
following:
(a)
Title of development.
(b)
Section or stage of development for which final approval is
sought, if appropriate.
(c)
Date of the plan and date(s) of any modifications thereto.
(d)
North arrow.
(e)
Scale in inches.
(f)
Tax Map, block and lot numbers of the property or sections thereof.
(g)
Name, address, license number and seal of the person or persons
preparing the plan.
(h)
Name and address of the landowner. Where the landowner is a
corporation, the name and address of the President, secretary and
corporation shall be indicated.
(i)
Place for the signature of the Planning Board Chairman, Planning
Board Secretary and Borough Engineer and any other designated authorities
or agencies as may be required by the Planning Board.
(2)
Existing conditions map. Detailed maps of existing conditions shall
be prepared at a scale of not less than one inch equals 100 feet,
including the following:
(a)
Acreage to the nearest tenth of an acre for each final plan
approval map.
(b)
Tract boundary lines with dimensions and bearings.
(c)
Location of existing buildings which shall remain and all other
structures, such as walls, fences, culverts, bridges and roadways,
with spot elevations of such structures. Structures to be removed
shall be indicated by dashed lines.
(d)
Location of storm drainage structures and utility lines, whether
publicly or privately owned, with pipe sizes, grades and direction
of flow, and if any existing utility lines are underground, the estimated
location of said utility lines already underground shall be shown.
(e)
Existing topography, based on New Jersey Geodetic Control Survey
datum with a maximum two-foot contour interval.
[Ord. No. 17-200B]
(f)
Location of existing rock outcrops, high points, watercourses,
depressions, ponds, marshes, wooded areas and other significant features,
including flood elevations of watercourses, ponds and marsh areas
as determined by survey.
(g)
The names of all owners of record of all adjacent property and
the Tax Map, block and lot number of said properties within 500 feet
of the development boundary lines.
(3)
Detailed final plan approval maps for the entire development or the
section(s) thereof submitted for final approval shall be prepared
at a scale of not less than one inch equals 100 feet, indicating the
following:
(a)
The proposed density. In the case of a residential cluster,
the proposed gross residential density and the net residential density.
(b)
The proposed use or uses of land and buildings and the height,
bulk, elevation and location of buildings and other structures. Distances
between buildings and distances between buildings and right-of-way
or property lines shall be indicated, in selected locations, to indicate
setbacks and spacings.
(c)
The proposed location and area of any common open space and
recreation areas.
(d)
The proposed location and dimensions of pavement and right-of-way
widths, street lengths, horizontal and vertical alignments, grades
and curbs, sidewalks and streetlighting, served wherever feasible
by underground electric service.
(e)
The proposed provision for vehicular off-street parking and
loading, including locations of ingress and egress, and the size and
location of driveways, access aisles, parking spaces, pedestrian paths,
lighting and planting and screening materials.
(f)
The proposed provisions of water systems, valves and hydrants,
culverts, storm and sanitary sewers, sewage treatment facilities,
gas and electric transmission lines, telephone service and any other
wire services. When an individual water supply and/or sewage disposal
system is provided, the plans for such system must be approved by
the appropriate local, county or state health agencies before final
approval is granted. All such installations shall be properly connected
with an approved system and shall be adequate to service all present
and future service needs. Wherever feasible, electric transmission
lines, telephone service or any other services shall be provided through
underground utility easements.
(g)
The location of any proposed covenants, grants or easements
or other restrictions proposed to be imposed upon the use of the land,
building and structures, including proposed easements or grants for
public utilities.
(h)
A proposed final grade plan and center-line profiles shall be
furnished, showing approximate grade elevations of all streets or
roads, buildings and structures and a suitable drainage plan in accordance
therewith.
(4)
Final plan approval report. A total of 10 copies of a written report
by the applicant shall be filed with each section of the final plan
approval maps and shall include the following:
(a)
Copies of all proposed covenants, grants or easements or other
restrictions to be imposed upon the use of land, buildings and structures,
including easements or grants for public utilities. Where the dedication
of space to the Borough of North Caldwell is contemplated, copies
of all necessary deeds or other forms of conveyance shall be presented
to the Planning Board for consideration by the governing body and
approval of the Borough Attorney as to form and content.
(b)
All calculations necessary to determine the number of residential
units provided, the distribution of residential units by type of structure,
the amount of residential, commercial and industrial floor area, the
amount of total ground coverage, the height of individual buildings
and structures, the amount of common recreation space and open space
provided, the amount and distribution of required off-street parking
and other calculations as may be required by the Planning Board.
(c)
For residential cluster development, calculations shall be developed
to indicate a comparison of the gross residential density, the amount
of common recreation areas and residential cluster development open
space and the total ground coverage for final plan approval and as
proposed under the preliminary plan approval.
C.
General requirements for final subdivision approval.
(1)
All maps required for subdivision approval shall include the following:
(a)
A full plan of the development, including street and alley lines,
lot lines, building or setback lines and areas to be dedicated to
street, park, sewerage and drainage easements and other public purposes.
(b)
The names of the owners of adjoining property and deed reference
to the book and page where recorded in the County Register's Office.
(c)
The length of tangents, radii, arcs and chords and central angles
for all center-line curves on streets.
(d)
The tangent, chord, arc, radius and central angle at all corners.
(e)
All lot line dimensions, including bearing and length for every
course of every lot.
(f)
A map title which shall include the name of the subdivision,
the name of the owner or his agent and the name of the licensed engineer
or surveyor. The map should also include suitable places for the certification
and stamp of the licensed engineer or surveyor preparing the plat,
and for the approval and signatures of the Chairman and Secretary
of the Board, the Borough Engineer, the Mayor and the Borough Clerk
as required by law.
(g)
Date, magnetic North arrow and scale.
(h)
All standards required by N.J.S.A. 46:26A, 46:26B and 46:26C.
(2)
The final plan shall be accompanied by:
(a)
A certificate from a qualified and acceptable attorney at law
or title insurance company, showing ownership and giving the names
of all persons whose consent is necessary to pass a clear title to
such land on the date the final plat map is filed with the Board;
also such other certificates as may be required by law or these regulations.
(b)
Street profiles for all streets, showing grades approved by
the Borough Engineer.
(3)
The boundary of the subdivided tract shall be determined by an accurate
survey, which must be balanced, refer to at least three permanent
monuments (where such exist) and closed within an error of 1:10,000:
and the final plats shall show a certificate by the engineer or surveyor
making such plats to the effect that the plat is correct and made
from an actual survey.
(4)
At the time of filing said plan, the applicant shall also file with
the Board an exact copy of private restrictions for each differently
restricted section of the plat.
(5)
One electronic copy, a minimum of three copies of the original tracing
on Mylar, and two paper copies of the application form for final approval
shall be filed with the Secretary of the Planning Board at least 20
days prior to the date of the regular Planning Board meeting. The
final plat shall have incorporated all changes or modifications required
by the Planning Board. Electronic files shall be submitted on a compact
disc, and all files shall be in the .dwg or .dxf format.
[Ord. No. 1-2008]
(6)
When the final plat is approved by the Board, such approval shall
be indicated upon the record plat by the signatures by the Chairman
and Secretary of the Board.
(8)
A final plat, after final approval by the Planning Board, shall be
filed by the subdivider with the County Register's office within 95
days from the date of such approval. If any final plat is not filed
within said period, the approval shall expire unless the time for
filing has been extended by the Planning Board under the provisions
of N.J.S.A. 40:55D-54.
(9)
The effect of recording of plat maps approved as herein provided,
and duly signed and acknowledged by the owner or owners and mortgagee
or mortgagees, shall be the transfer in fee simple to the Borough
of North Caldwell, subject to the acceptance thereof by the governing
body, of such portions of said plat as are set apart for public purposes,
such portions to be certified by a qualified and acceptable attorney
at law or title insurance company as being free from liens and encumbrances.
(10)
The Borough Engineer shall check the final plat for compliance
with the requirements of the law and this chapter.
D.
A public hearing on an application for final approval of the plan
or part thereof shall not be required, provided that the plan or the
part thereof submitted for final approval is in substantial compliance
with the plan theretofore given preliminary approval. A plan submitted
for final approval shall be deemed to be in substantial compliance
with the plan previously given preliminary approval, provided that
any modification by the landowner of the plan as preliminarily approved
does not vary the proposed residential density, gross residential
density, in the case of a residential cluster, or intensity of use
by more than 5% or involve a reduction of the area set aside for common
open space, nor the substantial relocation of such area, if applicable,
nor increase by more than 5% the total ground areas covered by buildings,
nor involve a substantial change in the height of buildings. A public
hearing shall not be required for the consideration of modification
in the location and design of streets or facilities for water and
for disposal of stormwater and sanitary sewage. The Planning Board
may, however, require a public hearing if it determines that the proposed
changes are substantial. However, when changes are initiated by the
Planning Board or are a result of an upgrading or modification of
applicable municipal ordinances, no such public hearing will be held.
This subsection shall not be construed to in any way waive the minimum
or maximum standards established by this chapter.
E.
The burden shall be upon the applicant to show the Planning Board
good cause for any variation between the plan as preliminarily approved
and the plan as submitted for final approval. In the event that a
public hearing is not required for final approval and the complete
application for final approval has been filed, together with all drawings,
specifications and other documents in support thereof and as required
by the resolution of preliminary approval, the Planning Board shall,
within 45 days of such filing grant final approval of such plan; provided,
however, that in the event the plan, as submitted, contains variations
from the plan given preliminary approval, but remains in substantial
compliance with the plan as submitted for preliminary approval, the
Planning Board may, after a meeting with the applicant, refuse to
grant final approval and shall, within 45 days of the filing of the
application for final approval, so advise the applicant in writing
of said refusal, setting forth in said notice the reasons why one
or more of said variations are not in the public interest. In the
event of said refusal, the applicant may file his application for
final approval without the variations objected to by the Planning
Board on or before the last day of the time within which he was authorized
by the resolution granting preliminary approval to file for final
approval or within 30 days from the date he receives notice of said
refusal, whichever date shall last occur, or he may treat the refusal
as a denial of final approval. The applicant shall notify the Planning
Board, in writing, within 10 days of his receipt of the Planning Board's
notice of his election. Failure of the applicant to so notify the
Planning Board shall be considered an election to treat the notification
as a denial of final approval.
F.
In the event that the plan as submitted for final approval is not in substantial compliance with the plan as given preliminary approval, the Planning Board shall, within 45 days of the date of the application for final approval is filed, so notify the applicant, in writing, setting forth the particular ways in which the plan is not in substantial compliance. The applicant may treat said notification as a denial of final approval or refile his plan in a form which is in substantial compliance with the plan as preliminarily approved or file a written request with the Planning Board that it hold a public hearing on his application for final approval. If the applicant shall elect either to refile his plan or file a request for a public hearing, as the case may be, he shall do so on or before the last day of the time within which he was authorized by the resolution granting preliminary approval or 30 days from the date he receives notice of said refusal, whichever date shall last occur. Any such public hearing shall be held within (30) days after request for the hearing is made by the applicant, and notice thereof shall be given, and the hearings shall be conducted in the manner prescribed in § 107-39 of this article. Within 45 days after the conclusion of the hearing, the Planning Board shall, by resolution, either recommend final approval of the plan or deny final approval of the plan. The recommendation of approval or denial of final approval of the plan shall, in cases arising under this subsection, be in the form and contain the findings required for a resolution on an application for preliminary approval set forth in § 107-39 of this article.
G.
Notice of the Planning Board's grant or denial of final approval
shall be published and delivered to the applicant in accordance with
the provisions of N.J.S.A. 40:55D-10h and 55D-10i.
H.
In the event that a plan or a section thereof is given final approval
and thereafter the applicant shall abandon said plan or the section
thereof that has been finally approved and shall so notify the Municipal
Agency, in writing, or in the event the applicant shall fail to commence
the development within two years after final approval has been granted
or any such time as designated by the Planning Board in its resolution
granting final approval, then and in that event, such final approval
shall terminate and be deemed null and void unless such time period
is extended by the Planning Board upon written application to the
applicant.
