A.
An application
shall be submitted to the approving authority secretary in writing,
in duplicate, on forms supplied by the authority. Receipt of an application
for final subdivision approval shall be filed no less than 21 days
prior to the regular meeting date of the approving authority.
[Amended 3-10-2020 by Ord. No. 2020-1478]
An applicant for final major subdivision approval shall submit
the following along with the application:
A.
The final major
subdivision application shall be accompanied by five large copies
(at least 24 inches by 36 inches but no more than 30 inches by 42
inches), 17 half-size copies, and one digital copy PDF copy (via email,
CD, or thumb drive) of the proposed final subdivision and all the
required documents below. The plat shall not differ substantially
from the approved preliminary plat.
B.
The final plat
shall be drawn at a scale of not less than one inch equals 50 feet
and in compliance with all the provisions of the Map Filing Law, N.J.S.A.
46:26B-1 et seq. The final plat shall show or be accompanied by the
following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Information
sufficient to demonstrate that all conditions of preliminary approval
and additional details at the time of preliminary approval, if previously
granted, have been satisfied.
(2)
The date,
name, property address and block and lot of the subdivision, name
of the owner, graphic scale, and reference meridian.
(3)
The tract
boundary lines, right-of-way lines of streets, street names, easements
and other rights-of-way, land to be reserved or dedicated to public
use, all lot lines and other site lines; the accurate dimensions,
bearings and deflection angles and radii arcs and central angles of
all curves; the area of each lot.
(4)
The names,
exact locations and widths of all existing and recorded streets intersecting
or parallel to the plot boundaries within a distance of 200 feet.
(5)
The purpose
of any easement or land reserved or dedicated to public use shall
be designated, and the proposed use of sites, other than residential,
shall be noted.
(6)
The proposed
lot, block and street numbers on the tract, including lot and block
numbers of abutting properties.
(7)
The location
and description of all monuments.
(8)
The names
of owners of adjoining unsubdivided lands.
(9)
When approval
of a plat is required by any other officer or body of any municipality,
county, or state, such approval shall be certified on the plat or
evidence shall be submitted that application has been made for such
approval.
(10)
Appropriate
details to Borough, county, and state standards, including, but not
limited to, sidewalks, curbs, paving, street signs, drainage, etc.
(11)
Such additional
requirements as the approving authority may deem reasonably necessary
to accomplish the intent and purpose of this chapter.
C.
A certification
by a licensed engineer or land surveyor as to the accuracy of the
details of the plat.
D.
Certification
and will serve letters from water, sewer, electric, and gas utilities.
E.
Four copies
and one digital PDF copy (via email, CD, or thumb drive) of all deeds
with metes-and-bounds description for proposed easement dedications,
including dedication of additional road right-of-way.
F.
A certification
that the applicant is the agent or owner of the land or that the owner
has given consent.
G.
A certificate
from the Tax Collector that all taxes and municipal assessments are
paid as of the date of application.
H.
Written
proof that the lands set aside or shown for easement, public use or
streets are free and clear of all liens and encumbrances.
I.
Copies
of completed and submitted applications to the Bergen County Planning
Board and Bergen County Soil Conservation District, if applicable.
J.
Written
verification of proposed tax lot number(s) from Borough Tax Assessor.
A.
The applicant
shall submit the completed application and maps and the payment of
all required fees to the administrative officer, who shall submit
copies of the same to:
B.
The said persons
and Board shall make recommendations, in writing, to the approving
authority within 45 days of a submission of a perfected application.
C.
The approving
authority shall then determine the following:
(1)
The nature
of the improvements to be required as a condition of final approval.
(2)
The estimated
value of the improvements installed or to be installed.
(3)
The nature
and amount of performance guaranties, if any, to be required as a
condition to final approval.
(4)
The provisions
of open space reservation or dedication, the standards for open space
organizations and all other dedications to be established, where applicable.
(6)
The amounts
to be deposited to reimburse the approving agency and Borough for
costs incurred or to be incurred for legal, engineering, planning
and other professional reviews and work as may be applicable, for
recording fees and for any other costs anticipated by the approving
agency.
(7)
Any other
conditions upon which final approval will be granted or conditioned.
The applicant shall be required to submit the
following for the approving authority and governing body's approval,
where applicable:
A.
A developer's
agreement prepared by the Borough Attorney, setting forth the obligation
of the applicant to the Borough in connection with the final approval.
B.
A performance guaranty in a form satisfactory to the Borough of Montvale, complying with Article III of this chapter, and guaranteeing performance of the developer's agreement.
C.
Maintenance guaranties
for work completed.
D.
Deeds for any
easements, rights-of-way or public lands in a form to be approved
by the Borough Attorney.
E.
Funds to be deposited
to reimburse the approving authority and Borough for costs incurred
or to be incurred for legal, engineering and other consultant reports,
for recording fees and for any other costs anticipated by the approving
authority or municipality.
F.
Evidence of compliance
with any other conditions imposed by the approving authority.
Any final approval required or county subdivision
approval shall be submitted by the applicant to the Bergen County
Planning Board for review or approval. The approving authority shall
condition any approval that it may grant upon the timely receipt of
a favorable report on the application by the County Planning Board,
which report shall be deemed favorable when the County Planning Board
fails to report thereon within the required time period.
A.
Final approval shall be granted or denied within the time periods as prescribed in Chapter 65, Land Use Procedures, of the Code of the Borough of Montvale; upon final approval by the approving authority and after all required signatures are placed on the original tracing, the administrative officer shall secure from the applicant 16 copies of such final plat, a copy of which shall be filed with each of the following:
(1)
The Secretary
of the Planning Board.
(2)
The Borough
Engineer.
(3)
The Building
Subcode Official.
(4)
The Tax Assessor.
(5)
The Borough
Clerk.
(6)
The Board
of Health.
(7)
The Superintendent
of Schools.
(8)
The Environmental
Commission.
(9)
Such other
persons, bodies, departments, agencies or boards as the approving
agency may determine.
B.
The remaining
copies shall remain on file with the approving authority.
C.
Final subdivision
approval shall expire 95 days from the signing of the plat, unless
within such period the plat shall have been duly filed by the applicant
with the County Recording Officer. The approving authority may, with
good and sufficient cause shown, extend the period of recording for
an additional period not to exceed 190 days from the date of signing
the plat.
D.
No subdivision
plat shall be accepted for filing by the County Recording Officer
until it has been approved by the approving authority as indicated
on the instrument by the signature of the chairman and secretary of
the approving authority or a certificate has been issued pursuant
to the P.L. 1975, c. 291.[1] The signatures of the chairman and secretary of the approving authority shall not be affixed until the developer has posted the guaranties required pursuant to this Article VI of this chapter, executed developer's agreement and has complied with all of the other provisions herein provided. If the County Recording Officer records a plat without such approval, such recording shall be deemed null and void, and upon request of the Borough of Montvale, the plat shall be expunged from the official records.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq., the Municipal
Land Use Law.
E.
It shall be a
duty of the County Recording Officer to notify the approving authority,
in writing, within seven days of the filing of any plat, identifying
such instrument by its title, date of filing and official number.
A.
The zoning requirements applicable to the preliminary subdivision approval first granted and all other rights conferred upon the applicant pursuant to § 350-30 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the applicant has followed the standards prescribed for final approval and has duly recorded the plat as required, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 350-29 of this chapter.
B.
In the case of
a subdivision for 50 acres or more, the approving authority may grant
an extension for a period of time longer than two years, as shall
be determined by the approving authority to be reasonable, taking
the following into consideration:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
