[1985 Code § 24-1.1]
This section shall govern only those parcels of land wherein
the owner of the premises has devoted or intends to devote and use
the entire parcel of land which shall include any contiguous parcels
also owned by the same owner solely to a single family residential
use.
[1985 Code § 24-1.2]
Prior to the issuance of a building permit for any structure
of more than 500 square feet requiring a foundation or footing, the
applicant for the permit shall submit to the Construction Official
for his approval two copies of a detailed site plan, prepared by a
licensed professional engineer or licensed land surveyor, showing
the existing contour lines of the plot on which the building, structure
or addition shall be constructed, final elevations in accordance with
U.S. Coast and Geodetic Survey Datum proposed for the corners of the
plot, corner and flood levels of the structure to be erected thereon.
In addition, the detailed site plan shall show swales, brooks, streams,
springs, retaining walls, terraces, sidewalks, slopes, major rock
formations, the curb, where existing, and if no curb, the elevation
at existing opposite lot corners and centerline of the driveway where
the building, structure or addition is to be located; all provisions
for the proper drainage thereof shall be shown on the plan.
No site plan shall be required to show an area of land in excess
of one acre nor show any area of land more than 100 feet from any
exterior wall of any main building shown on the site plan, if the
applicant shall own more than one acre.
[1985 Code § 24-1.3]
All site plans shall be reviewed by the Borough Engineer within
seven days of the filing date, excluding Saturdays, Sundays and legal
holidays. He shall determine whether or not:
a.
Adequate provision has been made by way of proper grading to prevent
wet basements, muddy yards, eroding banks and other conditions injurious
to the block and lot for which application for the building permit
has been made, and
b.
Further adequate provision has been made considering the relationship
of the lot in question with other adjoining properties, for the surface
drainage away from the building and lot in question on a sound neighborhood
development basis and without adverse effect upon adjoining properties
or public streets.
Upon making such a determination, the Borough Engineer shall
forward to the Construction Official the site plan with his findings.
No permit shall be issued unless the report of the Borough Engineer
is favorable. If the Engineer's report is unfavorable, a copy
of such report shall be delivered immediately or as soon as possible,
to the applicant.
c.
That all additions involving habitable dwelling space (excluding
decks, porches, garages and the like) in excess of 500 square feet
shall be reviewed by the Board of Health which shall, if they deem
necessary, investigate the septic system to determine its adequacy.
The Board of Health may delegate this responsibility to the Health
Officer.
[1985 Code § 24-1.4]
If, after excavation of the property shown on the site plan,
subsurface conditions by way of rock shelf, underground streams or
other natural obstacles prevent the location of the building as shown
on the site plan, and the applicant deems it an emergency and necessary
to move the location of the building to a place other than shown on
the site plan, then the applicant shall communicate with the Borough
Engineer and request an emergency approval for such relocation which
shall be acted upon by the Borough Engineer within 48 hours, excluding
Saturday, Sunday, and legal holidays, of the receipt of such notice
by the Borough Engineer.
[1985 Code § 24-1.5]
After completion of the items shown on the proposed site plan,
an application shall be submitted to the Borough Engineer for approval
of any building shown on the submitted site plan prior to the issuance
of any certificate of occupancy. In the event that the Borough Engineer
finds that the premises, as completed by the applicant, are not in
substantial compliance with the site plan, as submitted, showing the
aforementioned items to be completed, such report shall be forwarded
to the Construction Official, and a copy to the applicant; no certificate
of occupancy shall be issued until substantial compliance with the
work on the site in accordance with the site plan submitted at the
time of the application for the building permit is made.
[1985 Code § 24-1.6]
A site plan shall not be required in connection with any building
permit issued when the applicant is adding less than 500 square feet
of new construction to an existing building or does not require the
extension, construction or addition of foundation or footing.
[1985 Code § 24-1.7]
All data shown on maps of major subdivisions approved subsequent
to July 18, 1961, by the Borough of Ringwood, may be used in compilation
of any site plan for any plot shown on such map.
[1985 Code § 24-1.8]
After the issuance of a building permit and subsequent to the
installation of footings, where required, and before the exterior
walls being erected upon such footings have been completed, a survey,
prepared by a licensed professional engineer or licensed land surveyor,
shall be submitted to the Construction Official for his inspection,
showing the location of the existing footings and the partly constructed
exterior walls of the structure being erected on the plot for which
the permit was issued. No work shall be done upon the building, excepting
exterior walls only, until the Construction Official approves the
survey submitted. If less than 500 square feet of new construction
is being added to an existing building, the applicant may submit,
with the building permit application, a survey, prepared by a licensed
professional engineer or land surveyor, showing all existing improvements
located on the property. The location of the proposed addition on
the applicant's property shall be superimposed on the survey
or shown on a separate sketch prepared by the applicant and accompanying
the survey.
[1985 Code § 24-1.10]
a.
Every single-family or two-family dwelling constructed and any dwelling
converted from a one-family to a two-family after the enactment of
this chapter shall be required to provide a minimum of two off-street
parking spaces for each dwelling unit in a one-family dwelling, and
1 1/2 off-street parking spaces for each dwelling unit in a two-family
dwelling.
b.
Off-street parking spaces shall be a minimum of nine feet wide by
20 feet long. These spaces may be provided within a garage or on the
driveway.
c.
When any portion of a residential driveway exceeds a slope of 8%,
the first 50 feet from the right-of-way of the driveway shall be paved
and two off-street parking spaces shall be provided immediately adjacent
to the right-of-way, but within the residential lot. These parking
spaces shall be at a maximum slope of 4%, and shall be connected with
the adjacent street surface by a grade no greater than 4%. Portions
of the driveway meeting these criteria can be utilized as off-street
parking. These off-street parking spaces shall be required, minimally,
to be graveled.
d.
All residential driveways shall be designed to provide at least a
60° angle between the street and driveway. Any residential driveway
entering onto a major collector or County road shall provide an area
suitable for automobile turnaround.
e.
No off-street parking areas shall be located closer than five feet
from any side or rear property line or closer than 30 feet from any
two intersecting streets or within the sight triangle of any driveway
and street line. However, this provision shall not apply where parking
is provided adjacent to the street line in accordance with paragraph
c herein.
f.
No driveway shall be located closer than five feet to any side or
rear property line.
Where a lot is located at the intersection of two streets, one
driveway shall be located within 50 feet of the point where the curb
return of the street intersection and the curbline meet.
g.
All off-street parking areas shall be located on the same property
as the principal use.
h.
Sight distance shall be provided in each direction of an intersecting
street and driveway to provide a driver clear visible sight along
the intersected street to safely cross or enter the intersection as
follows:
|
Minimum Sight Distance From a Driveway
| |
|---|---|
|
Posted Speed
(mph)
|
Driveway Sight Distance
(feet)
|
|
25
|
215
|
|
30
|
275
|
|
35
|
325
|
|
40
|
375
|
|
45
|
425
|
|
50
|
475
|
|
Within any sight triangle, no grade, vegetation, sign or other object shall be allowed to exceed a height of 30 inches above the adjacent roadway, in accordance with Chapter 19, Streets and Sidewalks, of the Revised Ordinances of the Borough of Ringwood.
|
i.
The width of a driveway shall be a minimum of 10 feet and a maximum
of 20 feet.
j.
All off-street parking areas with a capacity of four or more vehicles
shall be required, minimally, to be graveled.
k.
All off-street parking areas shall be graded and drained so as to
dispose of all surface water in a manner so as not to unreasonably
impair the surroundings. The maximum grade of any portion of a driveway
shall be 12% and a minimum grade of 1/2%. Any change in grade on a
driveway shall be flat enough to prevent the dragging of any vehicle
undercarriage.
l.
Barriers shall be provided in appropriate locations where required
for safety purposes. Barriers shall be provided in all locations where
slopes exceed 1-4 and the horizontal deflection exceeds two feet along
all driveways and parking areas.
[1985 Code § 24-2.1]
a.
A Site Plan application or a Change of Use Site Plan application
shall be submitted to the Planning Board for its review and approval
prior to the commencement of any of the following acts except as provided
in paragraph d of this subsection:
1.
Site Plan Application. A site plan application is required prior
to the commencement of any of the following acts: the construction,
conversion, structural alteration, relocation or enlargement of any
building or structure, or the change of any previously approved site
plan.
2.
Change of Use Application. A Change of Use Site Plan application
shall be approved prior to the commencement of any of the following
acts: the use or any change in the use of a building, other structure
or land; or the extension of the use of a building, other structure
or land. A change from any of the specifically permitted principal
uses to any other specifically permitted principal use or to a specifically
permitted accessory use shall nevertheless be considered a Change
of Use for the purposes of the chapter.
3.
The occupancy of previously unoccupied or newly constructed space
unless the initial site plan approval specifically provided for the
prospective occupant.
c.
Tax Delinquencies.
1.
As set in Chapter 35, Land Use Procedures, subsection 35-3.10, Payment of Taxes Required. Notwithstanding the foregoing, where the applicant is not the owner of the premises under consideration, the application shall be processed and a decision rendered without respect to any tax or assessment delinquency.
d.
Site Plan Exemption-Particular Changes of Use.
1.
Neither a site plan application nor a Change of Use site plan application
needs to be filed with the Planning Board when all of the conditions
enumerated below apply. In such case, only a building permit and Certificate
of Occupancy need be obtained.
(a)
Where the proposed Change of Use involved no changes to the
approved site plan; and
(b)
Where no variances are requested or required; and
(c)
Where the proposed Change of Use is specifically permitted;
and
(d)
Where the proposed Change of Use will not increase septic usage/discharge
and will not otherwise jeopardize the existing sanitary facilities;
and
(e)
Where the proposed Change of Use causes no detrimental or adverse
impact upon the traffic flow or parking requirements; and
(f)
Where the proposed Change of Use is determined not to have any
adverse impact in respect to environmental concerns such as noise,
air quality, water quality, etc.
[1985 Code § 24-2.2]
a.
Twelve copies of the completed site plan application and 12 copies
of the site plan shall be submitted to the Borough Clerk at least
14 days prior to the meeting of the Board at which approval is sought.
The site plan shall contain the maps, documents, details and information
as required by the terms of this chapter. If the site plan application
and/or the site plan is found incomplete, the applicant shall be notified
within 45 days of the submission of such application or it shall be
deemed to be properly submitted.
b.
The site plan application and the site plan shall be signed by the
legal or beneficial owner of the premises to be developed, including
the holder of any option or contract to purchase, or other person
having an enforceable proprietary interest in such land.
c.
Prior to the Planning Board considering an application for preliminary
approval or final approval, the applicant shall submit proof, in a
form required by the Planning Board, that no tax or assessment for
local improvement is due or delinquent.
d.
If the Planning Board requires any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of a hearing, an amended application for development shall be submitted
and proceeded upon, as in the case of the original application for
development. The Planning Board shall, if the proposed development
complies with the land use chapter, grant preliminary site plan approval.
e.
Upon the submission to the Borough Clerk of a complete application
for a site plan for 10 acres of land or less, the Planning Board shall
grant or deny preliminary approval within 45 days of the date of such
submission or within such further time as may be consented to by the
developer. Upon the submission of a complete application for a site
plan of more than 10 acres, the Planning Board shall grant or deny
preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval of the site plan.
f.
The Planning Board, in deliberating on an application, shall take
into consideration the public health, safety and welfare, and shall
consider, in addition to all criteria imposed by law, the following:
[1985 Code § 24-2.3]
The Planning Board shall take into consideration the public
health, safety, morals, and welfare and shall specifically pass the
following:
a.
Suitability of site for proposed use based on soil capabilities and
soil conditions, topography, drainage, flooding and the like.
b.
Site layout with respect to arrangements and width of driveway on
the site and private access roads.
c.
Height, bulk and arrangements of buildings.
d.
Provisions for off-street parking space and off-street loading and
unloading space, if necessary, and access thereto.
e.
Provisions for open area on the site.
g.
Roadway parking areas and loading and unloading areas, grading, resurfacing
and installation of drainage on the site - all to such extent and
in such manner as the Planning Board may deem to be required by the
circumstances of the particular case and as governed by the requirements
of this section.
h.
Illumination, exterior lighting and underground utilities.
i.
Provisions for buffer zones where required and location of plantings
of evergreens to provide effective screening; the Planning Board shall
be guided by other provisions of this chapter governing buffer strips
and plantings.
j.
Adequacy of proposed water and sewer systems, subject to Board of
Health approval.
[1985 Code § 24-2.4]
The applicant shall cause to be published in the official newspaper
of the Borough a notice which shall contain the following:
a.
Date, time and place of hearing;
b.
Nature of the matter to be considered;
c.
Street address of premises proposed for development. If none, tax
lot and block number;
d.
Location of any maps and documents filed with the application and
the times at which they may be inspected;
e.
Notice of hearing, requiring public notice pursuant to the requirements
of law, shall be given to the owners of all real property as shown
on the current tax duplicate, located within 200 feet in all directions
of the property which is the subject of such hearing. Notice shall
be given by:
1.
Serving a copy thereof on the property owner as shown on the current
tax duplicate, or his agent in charge of the property, or
2.
Mailing a copy thereof by certified mail to the property owner at
his address as shown on the current tax duplicate.
|
Notice to a partnership owner may be made by service upon any
partner. Notice to a corporate owner may be made by service upon its
president, a vice-president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
|
f.
Upon the written request of an applicant, the Borough Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses pursuant to subsections 35-3.6 or 35-3.7. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $10 may be charged for such list.
g.
Notice of all hearings on applications for preliminary site plan
development involving property located within 200 feet of an adjoining
municipality shall be given by personal service or certified mail
to the Clerk of such municipality.
h.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing for preliminary site plan approval
of property adjacent to an existing County road or proposed road shown
on the official County map or on the County Master Plan, adjoining
other County land or situated within 200 feet of a municipal boundary.
i.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
j.
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Borough Clerk pursuant to subsection 35-3.6.
k.
All notices required by this section shall be given at least 10 days
prior to the date of hearing.
|
The applicant shall submit proof of compliance with the above
provisions in a manner prescribed by the rules and regulations of
the Planning Board.
|
[1985 Code § 24-2.5]
The number of off-street parking spaces required shall be set
forth herein. If determination of the number of required parking spaces
results in a fractional space, the fraction shall be counted as one
additional parking space.
Off-street parking facilities shall be provided in sufficient
numbers to meet the needs of the occupants and visitors of the facility.
Barrier-free design shall be incorporated in all plans where
appropriate or required by ordinance, code or law.
If an applicant can clearly demonstrate to the Approving Authority
that, because of the nature of the operation or use, the parking requirements
of this section are unnecessary or excessive, the Approving Authority
shall have the power to approve a site plan showing less parking area
than required by this section, provided, however, that a landscaped
area of sufficient size and shape to meet the deficiency shall be
set aside and reserved for the purpose of meeting future off-street
parking requirements in the event that a change of use of the premises
shall make such additional off-street parking spaces necessary.
[1985 Code § 24-2.6; Ord. No. 1997-01 § 5]
|
Use
|
Required Parking Spaces
|
|---|---|
|
Automobile service stations
|
4 parking spaces for each bay, plus 1 for each employee in the
maximum working shift
|
|
Banking and saving institution
|
1 parking space for each 300 square feet of floor area, or 8
spaces for each teller window, whichever is greater
|
|
Bed and breakfast
|
1 parking space for each transient/guest room and 2 parking
spaces for the owner occupant
|
|
Bowling lanes
|
5 parking spaces for each lane
|
|
Churches or other places of worship
|
1 for each 3 seats, or 1 for each 72 inches of seating space
when benches rather than seats are used
|
|
Community buildings, social halls, and clubs
|
1 parking space for each 4 seats except where a specific amount
of seating is undetermined; then 1 for each 100 square feet of gross
floor area
|
|
Country Inn
|
1 parking space for each rental unit, and in addition, compliance
with the requirements for each particular additional use located on
the property such as restaurants, eating establishments
|
|
Funeral homes, mortuaries
|
5 parking spaces for each chapel or slumber room
|
|
Industrial manufacturing uses and warehouse use
|
1 space for every 1 employee on the largest shift, or a total
parking area of 1/2 the building area, whichever is greater
|
|
Laboratory and research uses
|
1 parking space for every 400 square feet of floor area
|
|
Medical or dental clinics or offices
|
1 parking space for every 175 square feet of floor area
|
|
Motels, hotels, motor lodges
|
1 for each rental unit, and in addition, compliance with the
requirements for each particular additional use located on the property,
such as restaurants, eating and drinking establishments, retail stores
and meeting rooms
|
|
Nursing homes, hospitals, convalescing homes
|
1 space for every 2 beds, plus 1 space per staff member and
employees in the maximum work shift
|
|
Offices, business and professional (other than medical)
|
1 space for every 250 square feet of floor area
|
|
Restaurants, eating and drinking establishments and catering
halls
|
1 parking space for every 3 seats, plus 1 space for each 2 employees
|
|
Restaurants, fast-food
|
1 parking space for each 2 seats, plus 1 parking space for each
2 employees in the maximum work shift or a minimum of 40 parking spaces,
whichever is greater
|
|
Retail stores, store groups, shops, shopping centers
|
1 for each 150 square feet of floor area where the floor area
shall not exceed 2,000 square feet; 1 for each 175 square feet of
floor area where the floor area shall exceed 2,000 square feet
|
|
Public and government buildings
|
1 space for every 800 square feet of gross floor area
|
|
Schools, public and private
|
2 parking spaces for each classroom or 1 space for each 4 seats
in the room with the largest seating capacity, whichever is the greatest
number
|
|
Theaters
|
1 parking space for every 3 seats
|
|
Mixed land uses
|
Mixed land uses in the same building shall be calculated as
the sum of the individual uses unless the applicant can demonstrate
to the Approving Authority that the parking characteristics of the
individual uses are such that the total needs of the development are
less than the sum of the parts and the number of spaces to be provided
will satisfy the lesser need
|
|
Other uses not provided herein
|
To be determined by the Approving Authority
|
[1985 Code § 24-2.6B]
a.
The Approving Authority shall approve the location of all proposed
parking spaces on the site and shall take into consideration the size
and topography of the site, sight visibility, safety conditions and
the elimination of nuisance factors including glare, noise, dust and
other similar considerations.
b.
Off-street parking spaces shall be permitted within the required front yard, but in no case shall parking be permitted closer than 30 feet from the street line in the CC, CS, NC, NB, GB and CR zones and 50 feet in the and 1-60 zone, except where buffers provided in Section 40-10, Schedule 6, Buffer Zone Requirements are greater. A maximum of 15% of the on-site parking is permitted in the required front yard in the 1-60 zone.
c.
No off-street parking area shall be located closer than eight feet
from any side or rear property line or closer than 30 feet from any
two intersecting streets or within the sight triangle of any driveway
or street line.
d.
No driveway or parking area shall be located closer than 10 feet
to any building or structure due to fire safety requirements, except
where a driveway enters or abuts a structure of necessity (e.g., loading
dock, garage).
e.
All off-street parking areas shall be located on the same property
as the principal use.
[1985 Code § 24-2.6]
a.
All off-street parking areas shall be used solely for the parking
of passenger automobiles and no commercial repair work or service
of any kind shall be conducted in such parking area.
b.
Sight distance shall be provided in each direction of an intersecting
street and driveway to provide a driver clear visible sight along
the intersected street to safely cross or enter the intersection as
follows:
|
Minimum Sight Distance From A Driveway
| |
|---|---|
|
Posted Speed
(mph)
|
Driveway Sight Distance
(feet)
|
|
25
|
215
|
|
30
|
275
|
|
35
|
325
|
|
40
|
375
|
|
45
|
425
|
|
50
|
475
|
d.
Aisle Width. Provisions shall be made for the safe and adequate circulation
of pedestrians and vehicles within and adjoining the subject property.
The width of all aisles providing direct access to individual parking
stalls shall be in accordance with the standards established herein.
|
Parking Angle
(degrees)
|
Minimum Aisle One-Way
|
Width (feet) Two-Way
|
|---|---|---|
|
0° (Parallel Parking)
|
12
|
24
|
|
30°
|
12
|
Not Permitted
|
|
45°
|
14
|
Not Permitted
|
|
60°
|
18
|
Not Permitted
|
|
90° (Perpendicular)
|
24
|
24
|
e.
Size of Parking Stalls. Parking stalls for churches, community buildings,
manufacturing, industrial and warehouse uses, business and professional
offices, and laboratory and research uses, shall have a minimum area
of 180 square feet of space which shall be nine feet in width and
20 feet in length. All other uses shall provide a minimum area of
200 square feet, 10 feet in width and 20 feet in length. The Approving
Authority shall be permitted to reduce the overall length of parking
stalls to 18 feet where an overhang of two feet can be provided and
which will not result in the loss of a pedestrian walking area or
required parking stall. The overall square footage of the required
parking stall will be permitted to be reduced by 18 square feet for
nine-foot wide stalls and 20 square feet for twenty-foot wide stalls.
f.
Circulation Within Parking Area.
1.
Except for attendant parking, all parking spaces shall be designed
free and clear of any obstruction to individual parking stalls and
to permit all vehicles to enter and exit in a safe and orderly manner.
Parking spaces shall be arranged so as to avoid requiring vehicles
to back into, or otherwise obstruct, driveways, streets or specific
points of safety control, such as fire hydrants, doorways, elevators
or other similar locations. Parking and loading areas shall be designed
to permit each motor vehicle to proceed to and from the parking or
loading space provided for it without requiring the moving of any
other motor vehicle.
2.
Aisle widths and circulation patterns shall be designed to permit
emergency and service vehicles such as delivery trucks, solid waste
collection vehicles and the like to have reasonable access to and
space for their intended functions.
3.
Pedestrian circulation within a parking area shall be, to as great
an extent as possible, separated from vehicular traffic. Fire safety
zones, crossing points and sidewalk areas, where warranted, shall
be provided.
4.
Pedestrian shopping carts or other similar accessory vehicles shall
not be permitted to be retained within the driveway area of the parking
facility unless a specific designated area or areas are provided for
storage of same.
[1985 Code § 24-3.1]
a.
Marginal Information and Administrative Data.
1.
Name, address and phone number of the owner or applicant and identification
of the project.
2.
The owner's certificate of concurrence with the plan stating,
"I certify that I am the owner of record of the site hereon depicted
and that I concur with the plan."
3.
The name and license number of the engineer or planner, the date
and revision of drawings. The site plan shall be prepared by a professional
engineer licensed in New Jersey or a full member of the American Institute
of Planners.
4.
The scale shall be not smaller than one inch equals 50 feet, except
that 40 acres or larger may be one inch equals 100 feet, and no larger
than one inch equals 10 feet.
5.
Key map shall be no smaller than one inch equals 2,000 feet showing
the location in the Borough, the zone districts and properties, with
names of owners within 200 feet, contiguous ownership may be shown
on the main drawings.
8.
Place for signature by Chairman and Secretary of the Planning Board.
b.
Topography.
1.
Present and proposed grades based on New Jersey Geodetic Control
Survey Datum, at two-foot contour intervals, except that when slope
is greater than 10%, five-foot intervals.
2.
The location of existing and proposed monuments which must be tied
to New Jersey Grid Coordinate System.
3.
First floor elevation of all proposed buildings.
c.
Building and Structures.
1.
Location of all existing and proposed structures and buildings on
and within 100 feet of the site with finished grade elevations at
the corners.
2.
Storage areas for refuse and garbage.
3.
Ground floor area in square feet.
4.
Proposed use of all buildings.
5.
Location and description of all existing and proposed signs.
6.
Location, size and type of all signs.
7.
Loading areas, showing dimensions.
8.
Elevations submitted with additional details as required by the Planning
Board to ensure architectural compatibility.
d.
Parking Areas, Traffic Control and Lighting.
1.
Parking areas showing spaces.
2.
Driveways showing vehicular circulation.
3.
Existing and proposed streets abutting the site, showing right-of-way
and paved width.
4.
Location and width of fire zones, as determined by the Fire Chief.
5.
Sidewalks and pedestrian walkways.
6.
Lighting and utility standards designating their size, height, type,
construction and location within 50 feet of any existing or proposed
County road right-of-way line.
7.
Lighting plan, including lumens, spacing and height.
e.
Roads, Driveways, Walks, Curbs, Walkways and Fencing.
1.
Location and dimensions of all items in this category which are on
the site and within 100 feet.
2.
Cross-sections and profiles of all existing and proposed streets
abutting the lots and within 250 feet.
3.
Details of driveway and road intersections, with municipal and County
streets at a scale of one inch equals 20 feet.
4.
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 the County or the Borough.
f.
Drainage, Storm and Sanitary Sewers and Utilities.
1.
Location, type and size of all existing and proposed catch basins,
storm drainage structures, facilities and watercourses.
2.
Location, type and size of waste disposal system and sanitary sewer
lines.
3.
Location, profiles and types of underground utilities, electric,
gas, telephone and water.
4.
Show by means of arrows that the lots drain properly into existing
waterways or adequate storm drains.
5.
Location of all easements related to drainage, as in paragraph e4
above.
7.
Storm drainage calculations.
8.
Location and profiles of all watercourses and drainage facilities
within 200 feet of property limits of development.
g.
Landscaping; Types of Plantings.
1.
Total square feet of landscaping.
2.
Landscaping within the parking areas, at least 500 square feet within
each 10,000 square feet of paved area.
3.
Buffer areas, including the location of landscape screen.
4.
All areas to be graded and landscaped; all fencing and size and type
of plant material.
5.
All trees over 12 inches in diameter.
6.
Fencing within 100 feet of any existing or proposed County road right-of-way
line.
7.
Proposed location and proposed species of trees to be planted within
the right-of-way of an abutting County road or roads.
i.
Additional Information. The following additional information shall
be furnished:
1.
Legend as to what building will be used for and proposed maximum
occupancy;
2.
Percentage of landscaping in interior of parking area;
3.
Show existing and proposed sign area indicating square footage;
4.
Show height of building;
5.
Show area of front facade in square feet;
6.
Indicate construction material and colors;
7.
Parking areas showing spaces, clearly outlining parking for physically
handicapped, where applicable;
8.
Driveways showing vehicular circulation, indicating directional arrows
to be painted on pavement, sight distances and sight triangles;
9.
Limits of grading for proposed improvements;
10.
Description and scheduling of soil erosion and sediment control facilities;
11.
Minimum building setback lines;
12.
Limits of Flood Hazard Area, Flood Way and Wetlands;
13.
Percentage of Disturbed Land Area, as proposed and as permitted by
ordinance;
14.
Percentage of Improved Lot Coverage, as proposed and as permitted
by ordinance; and
[1985 Code § 24-3.2]
Notwithstanding the foregoing provisions of this section, the
requirements for site plan approval may be waived by the Planning
Board for additions or alterations to existing buildings if all the
following conditions are met:
[1985 Code § 24-3.3]
Failure to comply with any of the conditions of site plan approval
subsequent to the receipt of a building permit, zoning permit or certificate
of occupancy, as the case may be, shall be grounds for the revocation
of any such permit. A written notice or revocation sent by certified
mail, by the Zoning Officer or the Construction Official, as the case
may be, requiring compliance with the conditions of site plan approval
presented to the undersigned within not less than 10 days, shall effectively
revoke any building permit, zoning permit or certificate of occupancy,
as the case may be, if compliance shall not be had within the time
limit set.
[1985 Code § 24-3.4]
a.
The Planning Board may require the applicant as a condition of final
approval, at the applicant's expense, to provide for and construct
off-tract improvements which are caused and necessitated by the proposed
development and where no other properties receive a special benefit
thereby. The standards for construction and performance maintenance
guarantees shall be the same as though the improvements were on-tract
improvements.
b.
Where the need for off-tract improvements is caused and necessitated
by the development of the applicant's property and other properties
will benefit by the improvements, the Planning Board shall advise
the Borough Council of the required improvements.
1.
The Borough Council shall thereupon determine:
(a)
Whether the improvements shall be constructed by the Borough
as a general improvement or as a local improvement.
(b)
Whether the improvement shall be constructed by the applicant
with a provision for partial reimbursement where the improvement specially
benefits properties other than that of the applicant.
2.
The Borough Council shall advise the Planning Board of its determination
and the Planning Board, with the aid of the Borough Engineer and other
relevant officials, shall estimate:
3.
If the Council determines to construct the improvements as a general
improvement, the applicant shall be liable for an amount equal to
the difference between the estimated cost of the improvement and the
estimated amount by which all properties, including that of the applicant,
will be specially benefited by the improvement.
4.
If the Council determines to construct the improvements as a local
improvement, the applicant shall be liable, in addition to the amount
stated in paragraph 3 for the estimated amount by which the applicant's
property shall be specially benefited.
5.
If the Council determines that the applicant must construct the improvements,
the applicant shall be liable for the amount stated in paragraph 3
together with the estimated amount by which the applicant's property
shall be specially benefited. Provided, that the applicant shall be
reimbursed by the Borough for the amount of any special assessments
against property, other than the applicant's, when the special
assessment against the other properties is received by the Borough.
c.
The Borough Council shall adopt such ordinances as are necessary
to legally implement the Council's determination in regard to
the provisions of paragraphs b4 and 5 of this subsection.
d.
The standards of construction and the performance maintenance guarantee
for off-tract improvements, required by this chapter shall be the
same as though the improvements were on-tract improvements except
as provided hereafter:
1.
If the improvements are to be constructed pursuant to paragraph b5
of this subsection, the applicant shall provide a performance bond
with surety in an amount not to exceed 120% of the estimated cost
of the improvements.
2.
If the improvements are to be constructed by the Borough as a general
improvement, the applicant shall provide a performance bond with surety
not to exceed 120% of the excess of the estimated cost of the improvements
over the estimated total amount by which all property, including the
subject property, will be specially benefited.
3.
If the improvements are to be constructed by the Borough as a local
improvement, the applicant shall provide a performance bond with surety
not to exceed 120% of the excess of the estimated cost of improvements
over the estimated total amount by which all property, including the
subject property, will be specially benefited.
e.
Deposits. If the applicant is liable for the estimated excess amount
of the total cost of the improvements as provided by paragraphs b4
and 5 of this subsection, the amount shall be deposited in cash with
the Borough Clerk as a condition of final approval. The deposit shall
be used for the designated improvements. Upon completion of the improvements,
the applicant's liability shall be recalculated in accordance
with the actual cost of improvements as compared with the estimated
cost of improvements. In the event the recalculation requires an increase
in the cash deposit, the applicant shall pay the amount. In the event
of a decrease in actual cash, the applicant shall be entitled to the
proper refund. The recalculation shall be made by the Borough Assessor
and Planning Board Engineer.
[1985 Code § 24-3.5]
a.
Five copies of a separate landscaping plan prepared by a professional
landscape designer shall be submitted with each site plan application.
The plan shall identify the existing natural features such as boulders,
rock outcroppings, drainage swales and trees over 12 inches in diameter,
the landscaping which is to be removed and the proposed landscaping.
b.
The landscaping plan shall specifically indicate the location, size,
spacing, quantity and species, botanical and common name, of all proposed
plants, and the location, type, and thickness of all mulches as well
as the installation and maintenance procedures such as staking, fertilizing,
soil mixture, and watering. Such information shall be listed in the
form of a schedule of the landscaping plan.
c.
The landscaping plan shall conform to the requirements of paragraphs g1, 2, 4 and 7 of subsection 38-5.1 concerning required information and administrative data.
d.
The landscaping plan shall adhere to the following design principles:
1.
Landscaping shall be designed to provide for climate control; to
accent and complement buildings; to visually break up expansive walls
and parking areas; to shield parking, storage and loading areas; to
control erosion; and to lessen deleterious noise and other adverse
effects.
2.
Provision shall be made for a variety of landscaping. Such landscaping
should reflect local soil conditions, water availability, mature growth
characteristics, sight distance requirements, seasonal changes and
other related factors.
e.
Shade and flowering trees and upright shrubs shall be balled with
burlap and shall conform to the following:
1.
Shade trees shall not be less than 1.5 inch caliper, measured 18
inches above the ground, nor less than 10 feet high. They shall be
well branched, with the branches starting no less than three feet
from the crown of the root system.
2.
Flowering decorative trees shall not be less than 1.125 inch caliper,
measured 18 inches above the ground, nor less than six feet high.
They shall be well branched, with the branches starting no less than
three feet from the crown of the root system.
3.
Upright shrubs shall be no less than two feet tall at planting. Spreading
shrubs shall have at least a two-foot or 2.5 foot spread.
4.
Large street trees shall be planted at intervals from 50 feet to
75 feet. Small and ornamental street trees shall be planted at intervals
from 30 feet to 40 feet. Street trees shall be a deciduous variety.
f.
Evergreens and earthen berms used as buffers or screens shall conform
to the following:
1.
Evergreens shall be planted in two or three staggered rows. The rows
shall be four feet to five feet apart with the trees planted at four-foot
intervals.
2.
Earthen berms shall be maintained with a minimum height of four feet
and a maximum slope of two feet horizontal to one-foot vertical. The
slope shall be suitably stabilized with vegetation to prevent erosion.
g.
Existing trees shall be removed only in accordance with Chapter 24 of these Revised General Ordinances.
Existing large trees should be preserved by not varying the
grade around the trees by more than 12 inches, by construction of
tree wells, and by erecting protective fences.
h.
In parking lots at least 5% of the interior of the parking area shall
be covered by landscaping. The landscaping shall be located along
walkways, in center islands and at the end of bays and placed or protected
from damage by vehicles overhanging the edge of the pavement.
[1985 Code § 24-3.6; Ord. No. 2004-11 § 1]
The following fees shall accompany the Site Plan Application.
All fees and deposits shall be paid to the Land Use Administrator.
Such fees and deposits shall be paid in cash, certified or bank check,
payable to the Borough of Ringwood as set forth below.
a.
Informal/Conceptual Site Plan - $150. This sum shall be credited
toward application fees due in the event a formal application is filed.
b.
Applicable Fees:
1.
Preliminary or Preliminary/Final Site Plan: $1,250 plus escrow as
set forth below in paragraph e.
2.
Application for amendment to Preliminary or Preliminary/Final Site
Plan approval previously granted: $500 plus escrow as set forth below
in paragraph e.
3.
Extension of Preliminary or Preliminary/Final: $500 plus escrow as
set forth below in paragraph e.
4.
Family Day-care Home: $75 plus escrow as set forth below in paragraph
e.
5.
Child Care Center as part of an existing structure: $300 plus escrow
as set forth below in paragraph e.
c.
Change of Use Site Plan - $100
1.
A Change of Use Site Plan Application shall be defined as an application
for Site Plan approval involving a Change of Use of an existing approved
site which application contains no variance request, no request for
approval of any physical modification of the approved site, nor any
request for an amendment of the plat previously approved.
e.
Escrow. The applicant shall deposit with the Municipal Clerk an escrow
to cover some of the costs incurred by the Planning Board for the
professional services of its Engineer, Planner, Attorney or other
specifically retained expert in connection with applications for development.
1.
Amount of Escrow. The Planning Board Secretary shall forward the
application and all application documents submitted by the applicant
to the Planning Board Engineer. The Planning Board Engineer shall
review the application and the accompanying documents and, based upon
the nature and complexity of the application, shall determine the
amount of the escrow for the aforesaid professional services. He shall
notify the Planning Board Secretary as to his recommendation for the
escrow amount. The Planning Board Secretary shall thereafter notify
the applicant of the escrow requirement. The application will not
be listed for any hearings beyond the informal/conceptual review,
until all fees including the escrow are paid. The maximum initial
escrow is $10,000.
2.
Use of Escrow. The escrow shall be used to defray the costs of the
Planning Board professionals and retained experts in connection with
applications for development. These costs and expenses shall include
review of the application and supporting documents, preparation of
reports, telephone conferences and meetings (whether initiated by
the applicant, his/her attorney or other expert, or by the Planning
Board) preparation of easements, developer's agreements, deeds,
memorializing resolutions and other writings in connection with the
processing of applications for development.
3.
Meetings Costs. The escrow shall also be utilized to pay the Planning
Board professionals for attendance at meetings as follows:
(a)
All meetings beyond the initial informal/conceptual review and
one public hearing shall be billed by the Planning Board professionals
to the applicant against the escrow account.
4.
Charges by Professionals. All professional charges shall be billed
by the professionals to the Planning Board at the rates established
by the professionals' contract with the Planning Board. All invoices
shall be itemized: date, the nature of the service, and the time spent
together with any other charges imposed pursuant to the professionals'
contract with the Planning Board. All invoices shall be supported
by a voucher duly signed by the professional seeking payment.
5.
Approval of Vouchers/Invoices. All invoices/vouchers submitted by
the professional for payment shall be processed by the Planning Board
for payment, the same as all other invoices and vouchers. No invoice/voucher
for payment of any professional service shall be approved until a
resolution is adopted at a public meeting.
6.
Special Consultants. If in the discretion of the Planning Board a
special consultant is necessary for the proper review of an application,
the Planning Board shall be authorized to retain the consultant/expert
and to pay the consultant from the applicant's escrow account.
7.
Review. The applicant shall be entitled to question or challenge
the amount of the initial escrow as determined by the Planning Board
Engineer if a written request is submitted to the Planning Board's
Secretary. The Planning Board will afford the applicant an opportunity
to present information to the Planning Board at a public hearing.
However, no hearing on the merits of the application beyond the initial
informal/conceptual review will be held until the escrow is deposited.
The applicant may also question or challenge the invoices/vouchers
submitted by the Planning Board professionals by notifying the Planning
Board's Secretary in writing as to the challenge/question. The
applicant will be afforded an opportunity to be heard at a public
meeting.
8.
Fee Schedule. The Planning Board Secretary shall prepare and make
available to applicants upon request the fee schedule of the Planning
Board professionals.
9.
Replenishment of Escrow Account. If the escrow account falls below
$2,500, the Planning Board may, if recommended by the Planning Board
Engineer, require that the applicant pay additional funds into the
escrow account. However, the escrow account request cannot exceed
the maximum amounts set forth in paragraph e1 above.
10.
Account Excess and Interest. Pursuant to N.J.S.A. 40:55D-53.1, if
the escrow account is in excess of $5,000, the municipality shall
deposit same and shall pay interest to the applicant. When the application
review and approval process has been completed, the excess funds in
the account, if any, shall be either remitted back to the applicant
with interest if applicable or, if so directed by the applicant, shall
remain on deposit as the applicant's initial payment towards
the post-approval inspection, restoration or performance bonding requirements.
11.
Deficiency of Account. The applicant shall be liable for all of the
foregoing professional fees notwithstanding that the escrow account
might be insufficient for the payment of these fees and expenses.
f.
Approval of Application. No site-plan plat shall be signed, nor shall
any building permits, certificates of occupancy or other permits or
approvals be issued with respect to any approved application for development
until all fees as set forth herein are paid.
g.
Site Plan Applications and Amended Site Plan Applications filed by
or on behalf of the following applicants shall be exempt from the
payment of application and/or escrow fees as follows:
1.
Ringwood Board of Education. This applicant shall be exempt only
from the payment of application fees and escrow fees.
2.
Lakeland Regional Board of Education. This applicant shall be exempt
from the payment of application fees and escrow fees.
3.
Ringwood Ambulance Corps. This applicant shall be exempt only from
the obligation of paying application and escrow fees.
4.
Fire Companies located in the Borough of Ringwood. This applicant
shall be exempt only from the obligation of paying application and
escrow fees.
5.
Recognized Home Owners Associations, such as Erskine Lakes, Skyline
Lakes, Cupsaw Lakes, Harrison Mountain Lake, Lake Riconda, Ringwood
Acres, Forsgate, etc. These Associations (Organizations) are exempt
only from the payment of application fees.
6.
Church and Religious Organizations. These Organizations are exempt
only from the payment of application fees.
7.
Other Charitable, Philanthropic, Fraternal and Nonprofit Organizations,
as may be recognized by the Ringwood Planning Board. These Organizations
are exempt only from the payment of application fees.
[1985 Code § 24-3.7; Ord. No. 1996-08]
The fees collected under the terms of this Section 38-5 shall be used for the purpose of paying any and all professional fees incurred and for administrative cost of the Reviewing Board.
[1985 Code § 24-4.1]
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date of the preliminary approval.
a.
The general term on which preliminary approval was granted shall
not be changed except that nothing herein shall be construed to prevent
the Borough from modifying by ordinance such general terms and conditions
of preliminary approval as relate to public health and safety.
b.
The applicant may submit for final approval, on or before the expiration
date of preliminary approval, the whole or a section or sections of
the preliminary subdivision plat or site plan, as the case may be.
c.
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 shall govern.
d.
In the case of a site plan for an area of 50 acres or more, the Planning
Board may grant the rights referred 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:
1.
The number of dwelling units and nonresidential floor area permissible
under preliminary approval;
2.
The potential number of dwelling units and nonresidential floor area
of the section or sections awaiting final approval;
3.
Economic conditions;
4.
The comprehensiveness of the development.
|
If the design standards have been revised, such revised standards
may govern.
|
e.
Whenever the Planning Board grants an extension of preliminary approval
and preliminary approval has expired before the date on which the
extension is granted, the extension shall begin on what would otherwise
be the expiration date. The developer may apply for the extension
either before or after what would otherwise be the expiration date.
f.
The Planning Board shall grant an extension of preliminary approval
for a period determined by the Board, but not exceeding one year from
what would otherwise be the expiration date, if the developer proved
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for an extension before: (a) what would otherwise be the expiration
date of preliminary approval or (b) the 91st day after the developer
receives the last legally required approval from other governmental
entities, whichever occurs later. An extension granted pursuant to
this section shall not preclude the Planning Board from granting an
extension pursuant to paragraph c of N.J.S.A.40:55D-46.1.
[1985 Code § 24-4.2]
a.
The Planning Board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by ordinance for final approval.
The Planning Board may permit minimal deviation from the conditions
of preliminary approval necessitated by change of conditions beyond
the control of the applicant since the date of preliminary approval
without the applicant being required to submit another application
for preliminary approval.
b.
The applicant shall give newspaper notice of the application for
final approval in the same manner as newspaper notice is given for
preliminary notice.
c.
In the event the applicant simultaneously seeks preliminary and final
approval, it shall be stated in all applications and notices required
to be given for preliminary approval.
d.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the administrative officer, or within
such further time as may be consented to by the applicant. Failure
of the Planning Board to act within the period prescribed shall constitute
final approval, and a certificate of the administrative officer as
to the failure of the Planning Board to act shall be issued on request
of the applicant. Such certificate shall be sufficient in lieu of
the written endorsement or other evidence of approval herein required
and shall be so accepted by the County Recording Officer for purposes
of filing subdivision plats.
e.
The Planning Board shall condition any final approval that it grants
upon timely receipt of a favorable report on the application by the
County Planning Board, or approval by the County Planning Board by
its failure to report thereon within the required time period.
f.
Prior to the commencement of any operations at the site and prior
to the issuance of a building permit, a builders agreement shall be
entered into between the applicant and the Planning Board. The agreement
shall specify all items of improvements to be performed, the amounts
of bonds to be furnished, other requirements of the Planning Board
and all other items agreed and stipulated by and between the applicant
and the Planning Board. Failure to include any of the above shall
not relieve the applicant from the responsibility of complying with
any conditions or other rules or regulations or the posting of a bond.
1.
The applicant shall have the obligation of preparing a legal description
for any easements or any other dedication required in connection with
site plan approval, and any approvals granted are hereby specifically
conditioned upon the delivery to the Planning Board Secretary or Borough
Clerk of such deeds of easement or dedication within 60 days of the
date of final approval or such approval shall automatically be revoked.
2.
Prior to the release of the performance bond, the applicant shall
file with the Borough "As-built drawings" in ink, on tracing cloth,
on a scale acceptable to the Borough Engineer, accurately showing
the location, profile, size and appurtenances of all storm drains,
catch basins, septic tanks and septic systems, sanitary sewers and
water mains and all utilities including service connections constructed
at the site.
3.
No certificate of occupancy shall be issued for any building for
which site plan approval of the Planning Board is required unless
the building, utilities, parking areas and other appurtenances and
facilities installed conform to the approved site plan, builders agreement
and conditions, safeguards and limitations applying thereto.
|
The Planning Board shall cause to be published in a newspaper
circulating in the Borough a notice of any action taken by it on a
site plan review application.
|
[1985 Code § 24-4.3]
a.
The zoning requirements and all other rights applicable to preliminary
approval shall not be changed for a period of two years after the
date on which final approval is adopted. If the applicant has followed
the standards prescribed for final approval, the Planning Board may
extend such period of protection by an extension for one year, but
not to exceed three extensions.
b.
In the case of a site plan of 150 acres or more, the Planning Board
may grant final approval for a period of time longer than two years,
taking into consideration:
1.
The number of dwelling units and nonresidential floor area permissible
under final approval;
2.
Economic conditions;
3.
The comprehensiveness of the development. The Planning Board may
thereafter grant additional extensions of final approval taking into
consideration the above mentioned criteria and the number of dwelling
units and nonresidential floor area remaining to be developed.
c.
Whenever the Planning Board grants an extension of preliminary approval
and preliminary approval has expired before the date on which the
extension is granted, the extension shall begin on what would otherwise
be the expiration date. The developer may apply for the extension
either before or after what would otherwise be the expiration date.
d.
The Planning Board shall grant an extension of preliminary approval
for a period determined by the Board, but not exceeding one year from
what would otherwise be the expiration date if the developer proved
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for an extension before: (a) what would otherwise be the expiration
date of preliminary approval, or (b) the 91st day after the developer
receives the last legally required approval from other governmental
entities, whichever occurs later. An extension granted pursuant to
this section shall not preclude the Planning Board from granting an
extension pursuant to paragraph (c) or (d) of N.J.S.A. 40:55D-49.
[1985 Code § 24-4.4]
a.
The Planning Board when acting upon applications for preliminary
site plan approval shall have the power to grant such exceptions from
the requirements for site plan approval as may be reasonable and within
the general purpose and intent of the provisions for site plan review
and approval of an ordinance adopted pursuant to this section, if
the literal enforcement of one or more provisions of the ordinance
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
b.
The Planning Board shall have the power to review and approve or
deny conditional uses or site plans simultaneously with review for
subdivision approval without the developer being required to make
further application to the Planning Board, or the Planning Board being
required to hold further hearings. The longest time period for action
by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of a hearing on the plat shall include reference to the request for
such conditional use.
[1985 Code § 24-4.5]
As a condition of final site plan approval, the Planning Board
shall require and shall accept, for the purpose of assuring the installation
and maintenance of improvements:
a.
The furnishing of a performance guarantee in favor of the Borough
in an amount not to exceed 120% of the cost of the following improvements:
grading, pavement, streets, gutters, curbs, sidewalks, street lighting,
shade trees, surveyor's monuments as shown on the final map and
as required by law, water mains, culverts, storm sewers, sanitary
sewers, or other means of sewage disposal, drainage structures, erosion
control and sedimentation control devices, public improvements of
open space, landscaping and parking areas.
b.
Provisions for a maintenance guarantee shall be posted with the Borough
Council for a period not to exceed two years after final acceptance
of the improvement in an amount not to exceed 15% of the cost of the
improvement. In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
the improvements are covered by a performance or maintenance guarantee
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required by the municipality for such
utilities or improvements.
c.
The amount of any performance guarantee may be reduced by the Borough
Council by resolution when portions of the improvements have been
certified by the Borough Engineer to have been completed. The time
allowed for installation of the improvements for which the performance
guarantee has been provided may be extended by the Council by resolution.
d.
If the required improvements are not completed or corrected in accordance
with the performance, guarantee, the obligor and surety, if any, shall
be liable thereon to the Borough for the reasonable cost of the improvements
not completed or corrected and the Borough may, either prior to or
after the receipt of the proceeds thereof, complete such improvements.
e.
When all of the required improvements have been completed, the obligor
shall notify the Borough Council in writing by certified mail addressed
in care of the Borough Clerk of the completion of such improvements
and shall send a copy thereof to the Borough Engineer. Thereupon the
Engineer shall inspect all of the improvements and shall file a detailed
report, in writing, with the Borough Council, indicating either approval,
partial approval or rejection of the improvements with a statement
of reasons for any rejection. If partial approval is indicated, the
cost of the improvements rejected shall be set forth.
f.
The Borough Council shall either approve, partially approve or reject
the improvements, on the basis of the report of the Engineer and shall
notify the obligor in writing, by certified mail, of the contents
of the report and the action of the Approving Authority with relation
thereto, not later than 65 days after receipt of the notice from the
obligor of the completion of the improvements. Where partial approval
is granted, the obligor shall be released from all liability pursuant
to its performance guarantee, except for that portion adequately sufficient
to secure provision of the improvements not yet approved. Failure
of the Borough Council to send or provide such notification to the
obligor within 65 days shall be deemed to constitute approval of the
improvements and the obligor and surety, if any, shall be released
from all liability pursuant to such performance guarantee.
g.
If any portion of the required improvements is rejected, the Approving
Authority may require the obligor to complete such improvements and
upon completion, the same procedure of notification as set forth in
this section shall be followed.
h.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Borough Council or the Borough Engineer.
i.
The obligor shall reimburse the Borough for all reasonable inspection
fees paid to the Engineer for the foregoing inspection of improvements.
[1985 Code § 24-4.6]
a.
Prior to the commencement of any operations at the site, and prior
to the issuance of a building permit, and in addition to the performance
and maintenance guarantees required by the terms of this chapter and
by law, the Planning Board shall require that the applicant post a
deposit equal to 5% of the estimated costs of all improvements.
b.
The aforementioned deposits shall cover the expenses incurred by
the Planning Board or the Borough for engineering, planning, legal
services, and all other costs in connection with an application and
in connection with the inspection and certification of the improvements
on the site. In the event the expenses incurred exceed the amounts
deposited, the applicant shall be apprised of the excess expenditure
and shall also pay such excess amount to the Borough. Any service
charged against the deposit shall be invoiced upon proper vouchers
and reviewed by the Planning Board and/or Borough Council as to the
necessity and reasonableness. The additional payment shall be required
as a condition of, or prerequisite to, site plan approval. Any unused
portion of the aforesaid deposits shall be returned to the applicant.
[1985 Code § 24-4.7]
All land and buildings shall be developed and/or used in conformity
with the terms and conditions of site plan approval. No change from
the terms of site plan approval shall be permitted unless an amended
site plan application and the accompanying documents are submitted
and approved. An amended site plan application shall be processed
subject to the same terms as the original application.
Any developments and/or use at any time not in conformity with
the terms and conditions of site plan approval shall be grounds for
the revocation of any certificate of occupancy, building permit or
zoning permits.
The party in violation of the terms and conditions of site plan
approval shall be notified of such violation by certified mail, return
receipt requested, by a person designated by the Planning Board. The
party in violation shall have 30 days to comply with the terms and
conditions of the site plan approval. In the event compliance is not
fully made within the aforesaid period of time, site plan approval
shall be deemed revoked and any permit or certification issued by
any municipal body, agency or officer shall be deemed revoked.
Upon receipt of the aforementioned notice of violation, a party
shall have five days to file a written objection to the notice with
the Planning Board. Within a period not to exceed 30 days, the Planning
Board shall thereupon hold a hearing on the matter of the violation.
During the pendency of appeal to the Planning Board, neither the site
plan approval nor any other permits or certification issued by any
municipal body, agency or officer shall be revoked.
In the event the Planning Board affirms the decision of the
municipal body, agency or officer who charged the violation, the party
in violation shall have a period not to exceed 30 days to comply with
the terms and conditions of site plan approval.
[1985 Code § 24-4.8]
Whenever the Board of Adjustment shall have jurisdiction over
site plan approval as provided by New Jersey Law, the resolution of
the Board of Adjustment shall substitute for Planning Board action
as required under this section.
