[Ord. No. 97-29 § 701]
Except as otherwise provided in this chapter, the approval provisions
of this Article shall be administered by the Planning Board in accordance
with Section 28 of Chapter 291, Laws of N.J. 1975. Whenever the Board
of Adjustment has jurisdiction over an application it shall act in
the same manner and in the same capacity as the Planning Board as
hereinafter provided.
[Ord. No. 97-29 § 702; Ord. No. 04-03; Ord. No.
14-10]
Prior to the subdivision or resubdivision of land and prior
to the issuance of a Zoning Permit, Construction Permit or Certificate
of Occupancy for any development, an application shall be submitted
to be approved by the Planning Board in accordance with the requirements
of this chapter. Except for one or two family detached dwelling unit
buildings and buildings and uses accessory thereto, site plan approval
shall be required for the construction, enlargement or expansion of
any building, or any change of use to a non-permitted use in the applicable
zone, any off-street parking or driveway area for more than two vehicles
and the regrading, removal or vegetation of displacement of soil.
[Ord. No. 97-29 § 703; Ord. No. 14-04; Ord. No.
14-10]
The Planning Board may, upon receipt of a letter of intent from
an applicant, waive the requirement of preliminary or final site plan
review and approval if it determines that the proposed development
meets the requirements of this chapter and would not be subject to
any improvements as may be the subject of this chapter. The letter
of intent shall describe the proposed use or change in use and operations
to be conducted in sufficient detail to allow the Planning Board to
make an informed decision relative to waiver of site plan submission.
The standard to be applied by the Planning Board in making its decision
shall be whether the proposed use or change of use changes, alters
or enlarges the previous use or will change, alter, enlarge or affect
drainage, traffic, parking, sidewalks, paving, landscaping, fencing,
sanitary disposal or other similar consideration under the site plan
review requirements.
[Ord. No. 97-29 § 704]
At the request of the developer, the Planning Board shall grant
an informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
The developer shall not be bound by any concept plan for which review
is requested, and the Planning Board shall not be bound by any such
review. The Board shall not accept for review more than one concept
plan for any property in a calendar year.
[Ord. No. 97-29 § 705]
An application for development shall be filed with the Secretary of the Planning Board and shall be accompanied by required fees as provided in Article VI and shall be included or be accompanied by all data and information listed in the Checklist for Completeness of Application as provided in Section 35-706. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Administrative Officer. The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
[Ord. No. 97-29 § 706; Ord. No. 10-24 § 11]
a.
An application for development shall be complete for purposes of
commencing the applicable time period for action by the Planning Board
when so certified by the Board or its authorized committee or designee.
In the event the agency, committee or designee does not certify the
application to be complete within 45 days of the date of its submission,
the application shall be deemed complete upon the expiration of the
45 days' period for purposes of commencing the applicable time period
unless:
1.
The application lacks information indicated on the appropriate checklist
for determining completeness of application; and
2.
The municipal agency or its authorized committee or designee has
notified the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application.
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The applicant may request that one or more of the submission
requirements be waived, in which event the agency or its authorized
committee shall grant or deny the request within 45 days. Nothing
herein shall be construed as diminishing the applicant's obligation
to prove in the application process that he is entitled to approval
of the application. The municipal agency may subsequently require
correction of any information found to be in error and submission
of additional information not specified in the ordinance or any revisions
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 met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
municipal agency.
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b.
For the purposes of administering this section, the following Checklist
for determining completeness of applications, which are on file in
the office of the Borough Administrator, are hereby adopted and made
part of this chapter.[1]
1.
Checklist No. 1: Minor Subdivision.
2.
Checklist No. 2: Preliminary Major Subdivision.
3.
Checklist No. 3: Final Major Subdivision.
4.
Checklist No. 4: Preliminary and Final Site Plans.
5.
Checklist No. 5: C & D Variances, Appeals and Interpretations.
[1]
Editor's Note: Checklists may be found as attachments to this
Chapter.
[Ord. No. 97-29 § 707; Ord. No. 10-24 § 5]
a.
Simultaneous Review. The Planning Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with a review for subdivision approval without the developer being
required to make further application or the Board being required to
hold further hearings.
b.
Separate Application for Variances or Conditional Use Variances.
A developer may elect to submit a separate application requesting
approval of a variance or conditional use variance and a subsequent
application for any required approval of a subdivision, site plan
or conditional use in the following instances:
1.
When seeking a variance.
2.
When seeking a permit for a building or structure in the bed of a
mapped street, public drainage way, flood control basin or public
area reserved on the Master Plan or Official Map, or shown on a plat
which has been filed prior to the adoption of the Official Map.
3.
When seeking a permit for a building or structure not related to
a street.
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The separate approval of the variance shall be conditioned upon
grant of all required subsequent approvals by the Board granting the
variance approval.
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[Ord. No. 97-29 § 708A]
Upon receipt of a complete application for preliminary subdivision or site plan approval, the Board shall schedule a hearing date and notify the applicant who shall give notice of such hearing as provided in Section 35-506.
[Ord. No. 97-29 § 708B]
The Planning Board, when reviewing applications for minor site
plan and/or minor subdivision approval may waive the requirements
for notice and public hearing.
[Ord. No. 97-29 § 708C]
The applicant shall distribute copies of the application to
such County, State and Federal officials and agencies as are required
by law and/or necessary to assist the municipal agency in making determinations.
[Ord. No. 97-29 § 708D]
a.
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by a legal action instituted by any State agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any State agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the municipal agency shall process such application for development,
and if such application for development complies with municipal development
regulations, the municipal agency shall approve such application conditioned
on removal of such legal barrier to development.
b.
In the event that development proposed by an application for development
requires an approval by a governmental agency other than the municipal
agency, the municipal agency shall, in appropriate instances, condition
its approval upon the subsequent approval of such governmental agency;
provided that the municipality shall make a decision on any applications
for development within the time period provided herein or within an
extension of such period as has been agreed to by the applicant unless
the municipal agency is prevented or relieved from so acting by the
operation of law.
[Ord. No. 97-29 § 709]
a.
The Planning Board shall grant or deny the application within the
times of submission of a complete application prescribed below, or
within such further times as may be consented to by the applicant.
|
Type of Application
|
Period of Time for Action by Municipal Agency
|
|---|---|
|
Minor Subdivision or resubdivision
|
45 days
|
|
Preliminary Plat - 10 lots or less
|
45 days
|
|
Preliminary Plat - more than 10 lots
|
95 days
|
|
Final Plat
|
45 days
|
|
Preliminary Site Plan - 10 acres of land or less
|
45 days
|
|
Preliminary Site Plan - more than 10 acres of land
|
95 days
|
|
Final Plat
|
45 days
|
|
Final Site Plan
|
45 days
|
|
Variance
|
120 days
|
|
Conditional Use
|
95 days
|
|
Appeal of Decision of Administrative Officer
|
120 days
|
|
Permit for structure in bed of public street, public drainageway,
flood control basin, or public area reserved on Master Plan or Official
Map
|
120 days
|
|
Permit for structure not related to a street
|
120 days
|
b.
In the event that there is an application for simultaneous review
of a site plan, subdivision, conditional use, variance etc., the longest
time period for action shall apply, whether site plan, subdivision,
conditional use or variance.
c.
Failure of the Planning Board to act within the period prescribed
shall constitute approval and a certificate of the Borough Clerk as
to the failure of the municipal agency to act shall be issued on the
request of the applicant, and it shall be sufficient in lieu of the
written endorsement or other evidence of approval, herein required,
and shall be so accepted by the County Recording Officer for purposes
of filing subdivision plats. The applicant shall be notified of the
municipal agency's action within one week of its action.
[Ord. No. 97-29 § 710]
Whenever review or approval of an application by the Bergen
County Planning Board is required by the Bergen County Land Development
Standards, the Planning Board shall condition any approval that it
grants upon timely receipt of a favorable report on the application
by the Bergen County Planning Board or approval by the County Planning
Board by its failure to report thereon within the required time period.
[Ord. No. 97-29 § 711]
In the case of preliminary site plans and preliminary major
subdivisions, 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 shall be submitted
and proceeded upon, as in the case of the original application for
development.
[Ord. No. 97-29 § 712]
The Planning Board, when acting upon applications for preliminary
site plan or preliminary or minor subdivision approval shall have
the power to grant such exceptions from the requirements for site
plan or subdivision approval as may be reasonable and within the general
purpose and intent of the provisions of site plan review and approval
of this chapter if the literal enforcement of one or more provisions
of the chapter is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
[Ord. No. 97-29 § 713]
Following approval of an application for final site plan or
final subdivision approval, the developer shall supply sufficient
copies of the approved final plat or final plan so that the Administrative
Officer can distribute one copy to each of the following: Borough
Clerk, Borough Engineer, Board of Assessors of Taxes, Planning Board
or Zoning Board of Adjustment, and any other agency or person directed
by the municipal agency.
[Ord. No. 97-29 § 714A]
A minor subdivision application shall be filed in accordance with Section 35-705 and shall contain all data and information required in Checklist No. 1.[1]
[1]
Editor's Note: See Checklists which may be found as attachments
to this Chapter.
[Ord. No. 97-29 § 714B]
If it is determined that the application is a major subdivision,
the applicant will be so notified. No further Planning Board action
on the minor application shall be required and the developer shall
follow the procedures contained herein for preliminary and final approval.
[Ord. No. 97-29 § 714C]
Should the Planning Board determine that the proposed development
may create, either directly or indirectly, an adverse effect on either
the remainder of the property being developed or nearby property,
the municipal agency may require the developer to revise the plan
or plat. Where the remaining portion of the original tract is of sufficient
size to be developed or subdivided further, the developer may be required
to submit a plat of the entire remaining portion of the tract to indicate
a feasible plan whereby the design of the proposed development, together
with subsequent subdivisions or development, will not create, impose,
aggravate or lead to any such effect.
[Ord. No. 97-29 § 714D]
The Planning Board shall either approve, approve with conditions or disapprove all minor development proposals. Minor subdivision approval shall be deemed to be final approval, provided that the Planning Board may condition such approval on terms ensuring the provision of improvements pursuant to Section 35-718. A notation to such effect, including the date of the Planning Board's action, shall be made on all copies of the plat and shall be signed by the Chairman and Executive Secretary of the Board, except that plats shall not be signed until all conditions are incorporated on the plat. All conditions on minor developments shall be complied with within 160 days of the meeting at which conditional approval was granted; otherwise the conditional approval shall lapse.
[Ord. No. 97-29 § 714E]
Except as provided in subsection 35-714.7 below, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Executive Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision the Planning Board may be permitted by ordinance to accept a plat not in conformity with the "Map Filing Act," N.J.S.A. 46:23-9.9 et seq.; provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plant shall conform with the provisions of said act.
[Ord. No. 97-29 § 714F]
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two years after the
date on which the resolution of minor subdivision approval is adopted;
provided that the approved minor subdivision shall have been duly
recorded as provided in this section.
[Ord. No. 97-29 § 714G]
The Planning Board may extend the 190-day period for filing
a minor subdivision plat or deed pursuant to subsection (c) of this
section if the developer proves to the reasonable satisfaction of
the Planning Board:
a.
That the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities; and
b.
That the developer applied promptly for and diligently pursued the
required approvals.
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The length of the extension shall be equal to the period of
delay caused by the wait for the required approvals, as determined
by the Planning Board. The developer may apply for the extension either
before or after what would otherwise be the expiration date.
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[Ord. No. 97-29 § 714H]
The Planning Board shall grant an extension of minor subdivision
approval for a period determined by the Board but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves 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 the extension before: (1) what would otherwise be the expiration
date of minor subdivision approval or (2) the ninety-first day after
the developer receives the last legally required approval from other
governmental entities, whichever occurs later.
[Ord. No. 97-29 § 714I]
Before any approved minor subdivision is returned to the subdivider,
the subdivider shall furnish 10 copies of the plat to the Secretary
of the Planning Board for distribution by the Secretary of the Planning
Board to the following:
[Ord. No. 10-24 § 6]
A preliminary major subdivision or any preliminary site plan application shall be filed in accordance with Section 35-705, and shall contain all data and information required by the applicable checklist.
[Ord. No. 97-29 § 715B]
If the application is found to be complete, a hearing shall
be scheduled.
[Ord. No. 97-29 § 715C]
a.
Copies of the preliminary plat or plan shall be forwarded by the
Secretary of the Planning Board prior to the hearing to the following
persons:
1.
County Planning Board.
2.
Borough Engineer.
3.
All members of the Planning Board or Zoning Board of Adjustment.
4.
Board of Health.
5.
Borough Attorney.
6.
Attorney for Planning Board or Board of Adjustment.
7.
Borough Planning Consultant.
8.
Such other municipal, County or State officials as directed by the
applicable board.
9.
Environmental Commission when applicable.
b.
If the preliminary plat or plan lies within 200 feet of a municipal
boundary, a copy of the plat shall be sent by the Secretary of the
Planning Board to the Clerk of the adjoining community.
[Ord. No. 97-29 § 715D]
Following the public hearing, the Planning Board shall approve,
approve with conditions or deny the application. Whenever after public
hearing the Planning Board shall grant preliminary approval, the Board
shall adopt a resolution with respect thereto, enumerating the plat
and plans thereby approved and establishing the terms and conditions
of approval and specifying the conditions which must be satisfied
prior to final approval. A copy of the resolution shall be attached
to the preliminary plat or plan, which shall be signed by the Chairman
and Secretary of the Board.
[Ord. No. 97-27 § 715E]
Preliminary approval of a major subdivision pursuant to N.J.S.A.
40:55D-48 or of a site plan pursuant to N.J.S.A. 40:55D-46 shall,
except as provided in subsection d of N.J.S.A. 40:55D-49, confer upon
the applicant the following rights for a three-year period from the
date on which the resolution of preliminary approval is adopted:
a.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards or streets, curbs, and sidewalks;
lot size; yard dimensions and off-tract improvements and any requirements
peculiar to site plan approval, except that nothing herein shall be
construed to prevent the municipality from modifying by ordinance
such general terms and conditions of preliminary approval as related
to public health and safety.
b.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary plat.
c.
That the applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that, if the design standards have been revised by ordinance
such revised standards shall govern.
[Ord. No. 97-29 § 715F]
Whenever the Planning Board grants an extension of preliminary approval pursuant to Section 35-715.5 above 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.
[Ord. No. 97-29 § 715G; Ord. No. 10-24 § 7]
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 proves 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 the extension before what would otherwise be the expiration date of preliminary approval or 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 subsection shall not preclude the Planning Board from granting an extension pursuant to Section 35-715.5 above.
[Ord. No. 97-29 § 716; Ord. No. 2018-23]
a.
Prior to the granting of final subdivision approval, the developer shall have installed the improvements required under Section 35-718 or shall have furnished performance guarantees as hereinafter provided for the ultimate installation of the required improvements.
b.
Prior to the granting of final site plan approval, the developer shall have installed or shall have furnished performance guarantees for the ultimate installation of any public on-tract improvements described in Section 35-718 as may be required in connection with site development. Also prior to the granting of final site plan approval, the applicant shall have installed or shall have furnished a performance guarantee for any on-site improvements specified in Section 35-719.
[Ord. No. 97-29 § 717A; Ord. No. 10-24 § 8]
A final major subdivision and any site plan application shall be filed in accordance with Section 35-705 and shall contain all data and information required by the applicable checklist. The application may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be. No final plat shall be accepted, entertained or deemed complete unless all conditions of preliminary plat approval as contained in the resolution granting preliminary approval have been satisfied.
[Ord. No. 97-29 § 717B]
The Planning Board shall grant final approval if the detailed
drawings, specifications and estimates of the application for final
approval conform to the standards for final approval, the conditions
of preliminary approval and, in the case of a major subdivision, the
standards prescribed by the "Map Filing Law," N.J.S.A. 46:23-9.9 et
seq. Approval shall be conditioned on certification by the Bergen
County Soil Conservation District of a plan for soil erosion and sediment
control pursuant to the provisions of C. 251, P.L. 1975. As a precondition
for final plat execution, deeds must be received, free and clear of
all mortgages and encumbrances, for all easements on private property
to be conveyed to the Borough.
[Ord. No. 97-29 § 717C]
Upon final subdivision approval, 16 black and white paper prints
of the final plat map shall be furnished to the Planning Board for
the preparation of agreements and for distribution.
In addition thereto, the following items shall be filed with
the Borough Administrator:
[Ord. No. 97-29 § 717D]
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period the plat
shall have been duly filed by the developer with the County Recording
Officer. The Planning Board may, for good cause shown, extend the
period for recording for an additional period not to exceed 190 days
from the date of signing of the plat. In order for a subdivision plat
to be accepted for filing by the County Recording Officer, such plat
shall first have been approved by the municipal agency as indicated
on the instrument by the signature of the Chairman and Executive Secretary
of the Planning Board or a certificate has been issued as to the failure
of the Board to act within the required time. The signatures of the
Chairman and Executive Secretary shall not be affixed until the developer
has posted the required guarantees. If the County Recording Officer
records any plat without such approval, such recording shall be deemed
null and void, and, upon request of the Borough, the plat shall be
expunged from the official record.
[Ord. No. 97-29 § 717E]
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer as part of preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in subsection 35-717.4 above. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision has duly recorded the plat as required in subsection 35-717.4 above, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. The granting of final approval terminates the time period of preliminary approval for the section granted final approval.
[Ord. No. 97-29 § 717F]
a.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the final plat
shall have been duly filed by the developer with the County Recording
Officer. The Planning Board may for good cause shown, extend the period
for recording for an additional period not to exceed 190 days from
the date of signing of the plat. The Planning Board may extend the
ninety-five day or 190-day period if the developer proves to the reasonable
satisfaction of the Planning Board that the developer was barred or
prevented, directly or indirectly, from filing because of delays in
obtaining legally required approvals from other governmental or quasi-governmental
entities and that the developer applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Planning Board. The developer may
apply for an extension either before or after the original expiration
date.
b.
No subdivision plat shall be accepted for filing by the County Recording
Officer until it has been approved by the Planning Board as indicated
on the instrument by the signature of the Chairman and Executive Secretary
of the Planning Board or a certificate has been issued pursuant to
N.J.S.A. 40:55D-47, 4:55D-50, 4:55D-56, 40:55D-61, 40:55D-67, 40:55D-76.
The signatures of the Chairman and Executive Secretary of the Planning
Board shall not be affixed until the developer has posted the guarantees
required pursuant to N.J.S.A. 40:55D-53. If the County Recording Officer
records any plat without such approval, such recording shall be deemed
null and void, and upon request of the Borough, the plat shall be
expunged from the official records.
[Ord. No. 97-29 § 717G]
The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves 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 these approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the 91 day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to subsection 35-717.6 above.
[Ord. No. 97-29 § 717H]
If, before final subdivision approval has been granted, any
person transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which municipal approval is required by ordinance, such person shall
be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation.
In addition to the foregoing, the municipality may institute
and maintain a civil action:
a.
For injunctive relief; and
b.
To set aside and invalidate any conveyance made to such a contract of sale if a certificate of compliance has not been issued in accordance with subsection 35-717.9 below.
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In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land, from which the
subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
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[Ord. No. 97-29 § 717I]
a.
Application. The prospective purchaser, prospective mortgagee, or
any other person interested in any land which forms part of a subdivision,
or which formed part of such a subdivision as of August 1, 1978, may
apply in writing to the Administrative Officer of the municipality,
for the issuance of a certificate certifying whether or not such subdivision
has been approved by the Planning Board or Board of Adjustment. Such
application shall contain a diagram showing the location and dimension
of the land to be covered by the certificate and the name of the owner
thereof.
The Administrative Officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. The officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record in his office.
Each such certificate shall be designated a "certificate as
to approval of subdivision of land," and shall certify:
1.
Whether there exists in said municipality a duly established Planning
Board or Board of Adjustment and whether there is an ordinance controlling
subdivision of land adopted under the authority of the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.).
2.
Whether the subdivision, as it relates to the land shown the application,
has been approved by the Planning Board or the Board of Adjustment,
and, if so, the date of such approval and any extensions and terms
thereof, showing that subdivision of which the lands are a part is
a validly existing subdivision.
3.
Whether such subdivision, if the same has not been approved, is statutorily
exempt from the requirement of approval as provided in this act.
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The Administrative Officer shall be entitled to demand and receive
for such certificate issued by him a reasonable fee not in excess
of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected
by such official shall be paid by him to the municipality.
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b.
Right of Owner of Land Covered by Certificate. Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to subsection 35-717.5.
Any such application addressed to the Clerk of the municipality
shall be deemed to be addressed to the proper designated officer and
the municipality shall be bound thereby to the same extent as though
the same as addressed to the designated official.
[Ord. No. 97-29 § 718; Ord. No. 2018-23]
Prior to the granting of final approval, the subdivider shall have installed or furnished performance guarantees as set forth in Section 35-716 for the ultimate installation of those improvements described below which are to be dedicated to the Borough or other public entity. All improvements shall be subject to approval and inspection by the Borough Engineer, who shall be notified by the developer at least seven days prior to the start of construction of any improvements. No underground installation shall be covered until inspected and approved. All improvements shall be constructed in accordance with Section 35-721 or other applicable Borough standards.
a.
Streets.
b.
Pavement.
c.
Curbs.
d.
Gutters.
e.
Sidewalks.
f.
Monuments.
g.
Water mains, fire hydrants and sanitary sewers.
h.
Drainage structures.
i.
Street signs.
j.
Street lights.
k.
Street trees.
l.
Community septic systems.
m.
Gas, electric, telephone and cable television lines, as necessary.
n.
Public improvements of open space.
o.
Any grading necessitated by a through n.
p.
Privately-owned perimeter buffer landscaping (which need not be dedicated
to the Borough or other public entity).
[Ord. No. 97-29 § 719]
Prior to the granting of final approval, the applicant shall have installed or furnished performance guarantees as set forth in Section 35-716 for the ultimate installation of any required public on-tract improvements as the same are described in Section 35-718. In addition, the Planning Board may require the installation of on-site improvements, as described below, prior to the granting of final approval which it finds essential before the issuance of a building permit. All such improvements shall be subject to approval and inspection of the Borough Engineer as provided in subsection 35-721.9. All improvements shall be constructed in accordance with Section 35-722 or other applicable Borough standards.
a.
Off-street parking and loading areas and access thereto.
b.
Curbing.
c.
Landscaping and screening.
d.
Exterior lighting.
e.
Sidewalks and other means of pedestrian access.
f.
On-site utilities, including drainage, water, sanitary sewer, electric
and natural gas.
g.
Solid waste storage and recycling facilities.
h.
Other items of construction including, but not limited to, retaining
walls, guard rail, fencing and traffic control devices, necessary
in the interest of public safety and convenience or for the purpose
of protecting adjoining property.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-42, construction of or contributions for off-tract water, sewer,
drainage and street improvements may be required in accordance with
the following criteria:
[Ord. No. 97-29 § 720A]
Improvements to be constructed at the sole expense of the applicant.
In cases where reasonable and necessary need for an off-tract improvement
or improvements is necessitated or required by the proposed development
application, and where no other property owners receive a special
benefit thereby, the Board may require the applicant, as a condition
of subdivision approval, at the applicant's sole expense, to provide
for and construct such improvements as if such were on-tract improvements
in the manner provided hereafter and as otherwise provided by law.
[Ord. No. 97-29 § 720B]
a.
In cases where the need for any off-tract improvement is necessitated
by the proposed development application, and where the Planning Board
determines that properties outside the development will also be benefited
by the improvements which are necessary and the terms and conditions
which shall be imposed upon the applicant to insure the successful
and reasonable implementation of same. In its deliberation as to whether
off-tract improvements are required the Board shall be guided by the
rules and regulations specified in the Zoning Ordinance of the Borough
of Tenafly, this chapter and the Borough Master Plan. The Board may
also be guided by counsel from the Board Attorney, Engineer, Planning
Consultant and other qualified experts and municipal officials relative
to the subject matter.
b.
In the event that the Board determines that one or more improvements
constitute an off-tract improvement the Board shall notify the Borough
Council of the same specifying the Board's recommendation relative
to the estimated cost of same, the applicant's pro rated share of
the cost, and possible methods or means to implement same including
but not limited to performance and maintenance guarantees, case contributions,
development agreements and other forms of surety.
c.
The Board shall not grant final approval on the subdivision until
all aspects of such conditions have been mutually agreed by both the
applicant and the Borough Council and a written resolution to that
effect by the Borough Council has been transmitted to the Board.
[Ord. No. 97-29 § 720C]
a.
Performance and Maintenance Guarantees. Where a performance or maintenance
guarantee or other surety is required in connection with an off-tract
improvement the applicant shall be required to follow the same procedures
and requirements as specified in this chapter for other improvements.
b.
Development Agreement. Where a development agreement is required
governing off-tract improvements or other conditions as may be required
by this chapter or by the Board, said agreement shall be approved
as to form, sufficiency and execution by the Board Attorney and Borough
Attorney. The agreement shall specify the amount of cash contributions,
if any, the method of payment, the relative timing of such payment,
and the obligation or obligations to be undertaken by the Borough
of Tenafly.
c.
Cash contributions; When Not Required. Cash contributions for off-tract
improvements shall not be required under the following conditions:
1.
Where another County or State agency has jurisdiction over the subject
improvement and requires a cash contribution, guarantee or other surety
of the applicant in lieu of such conditions imposed by the Borough
of Tenafly.
2.
Where a benefit assessment or other similar tax levy is imposed upon
the applicant for the off-site improvement provided, or
3.
Where the applicant, where legally permissible, can undertake the
improvements in lieu of the municipality, subject to standards and
other conditions as may be imposed by the Borough of Tenafly.
d.
Cash Contributions; Method of Payment. Where a cash contribution
is required by this chapter, the contribution shall be deposited with
the Treasurer of the Borough of Tenafly with a copy of the applicant's
transmittal letter forwarded to the Borough Council, the Municipal
Engineer and the Board. Any and all monies received by the Treasurer
shall be deposited in the escrow account for the purpose of undertaking
the improvements specified. Where such improvements are not undertaken
or initiated for a period of 10 years, the funds may be retained by
the Borough and may be used for general municipal purposes, but in
such event, neither the applicant nor any of his heirs, executors,
administrators, or grantors shall be liable to the Borough for any
assessment for the purpose of installing any of the improvements for
which the cash contribution was made.
[Ord. No. 97-29 § 720D]
Where an off-tract improvement is required the following criteria
shall be utilized in determining the proportionate share of such improvement
to the applicant.
a.
Street widening, alignment, corrections, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvements not covered elsewhere
and the construction of new streets and other similar street or traffic
improvements: the applicant's proportionate share shall be in the
ratio of the estimated peak hour traffic capacity of the present facility,
and the estimated peak hour traffic generated by the proposal development.
The ratio thus calculated shall be increased by 10% for contingencies.
b.
Water distribution facilities including the installation of new water
mains, the extension of existing water mains, the relocation of such
facilities and the installation of other appurtenances associated
therewith: the applicant's proportionate cost shall be in the ratio
of the estimated daily use of water from the property or properties
in gallons to the sum of the deficiency in gallons per day for the
existing system or subsystem and the estimated daily use of water
for the proposed development. The ratio thus calculated shall be increased
by 10% for contingencies.
c.
Sanitary sewage distribution facilities including the installation,
relocation or replacement of collector and interceptor sewers and
the installation, relocation or replacement of other appurtenances
associated therewith: the applicant's proportionate cost shall be
in the ratio of the estimated daily flow in gallons to the sum of
the present deficient capacity for the existing system or subsystem
and the estimated daily flow from the proposed project or development.
In the case where the peak flow for the proposed development may occur
during the peak flow period for the existing system, the ratio shall
be the estimated peak flow rate from the proposed development in gallons
per minute to the sum of the present peak flow deficiency in the existing
system or subsystem and the estimated peak flow rate from the proposed
development. The greater of the two ratios thus calculated shall be
increased by 10% for the contingencies and shall be the ratio used
to determine the cost to the applicant.
d.
Storm water and drainage improvements, including installation, relocation
or replacement of transmission lines, culverts, catch basins and the
installation, relocation or replacement of other appurtenances associated
therewith: the applicant's proportionate cost shall be in the ratio
of the estimated peak surfaces run off as proposed to be delivered
into the existing system measured in cubic feet per second deficient
for the existing system and the estimated peak flow as proposed to
be delivered. The ratio thus calculated shall be increased by 10%
for contingencies. Applicant's engineer shall compute the drainage
basin area and the area of the development and the percent of the
total drainage basin area occupied by the development. Where no drainage
system exists which will receive the flow of the surface water from
the applicant's development, applicant shall furnish all drainage
rights-of-way deemed to be necessary by the Board.
e.
General Considerations. In calculating the proportionate or pro rata
amount of the cost of any required off-tract facilities which shall
be borne by the applicant, the Board shall also determine the pro
rata amount of cost to be borne by other owners of lands which will
be benefited by the proposed improvements.
[Ord. No. 97-29 § 721A]
a.
Following preliminary approval, but prior to final approval, the applicant may elect to install all required improvements as specified in Sections 35-718 and 35-719 under the inspection of the Borough Engineer, or he may post performance guarantees for any or all required improvements as hereinafter provided and install any required improvements not covered by the performance guarantees.
b.
Following installation of improvements and/or posting performance
guarantees as provided above, the applicant shall be entitled to final
subdivision plat approval and, after filing of the plat, shall be
entitled to receive building permits in the development or section
thereof for which final approval was obtained, provided, however,
that no Certificate of Occupancy shall be issued until the complete
installation of all required improvements except the following:
c.
All improvements covered by the performance guarantees shall be completed
within 18 months of final approval unless an extension of time is
granted by the approving municipal agency.
[Ord. No. 97-29 § 721B]
Prior to the filing of an application for final site plan approval, the applicant shall have installed any public on-tract improvements described in Section 35-718 or shall have posted performance guarantees, all as provided in subsection 35-721.1 above. Also, prior to the filing of an application for final site plan approval, the applicant shall have installed any on-site improvements specified in Section 35-719 as the Planning Board may determine are necessary prior to building construction or the posting of performance guarantees. In the case of a site plan for multi-family housing, a Certificate of Occupancy for any dwelling unit shall not be issued until improvements associated with the development or the applicable section thereof, except final landscaping features, have been installed.
[Ord. No. 97-29 § 721C]
Also in conjunction with the filing of an application for final subdivision or site plan approval, the applicant shall have installed or paid his pro rata share of the cost of any off-tract improvements necessitated by his development as determined in accordance with the requirements of subsection 35-720.4.
[Ord. No. 97-29 § 721D]
If improvements are required to be constructed as a condition
of minor subdivision approval, the applicant shall complete all such
improvements within one year from the date of approval of the minor
subdivision. The applicant shall also post a performance guarantee
in accordance with all requirements applicable thereto for a major
subdivision.
[Ord. No. 97-29 § 721E]
No performance guarantee shall be considered filed or accepted
for filing with the Borough Clerk unless and until the following conditions
are met:
a.
Final construction plans and an estimate of the cost of construction
have been filed with the Borough Council.
b.
The Borough Engineer shall have certified in writing to the Planning
Board that the amount thereof is sufficient to assure the completion
of the improvements and compliance with the tree protection and removal
plan and the soil erosion and sediment control plan.
c.
The Borough Attorney shall have approved the sufficiency of the form
and execution of the performance guarantee.
d.
The Borough Council shall have approved the qualifications of the
surety and stipulated the duration of the guarantee.
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Where the developer elects to post improvement guarantees, pursuant
to this subsection, the final plat or final site plan shall contain
the following statement in bold letters:
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NOTICE
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CONSTRUCTION OF ALL REQUIRED IMPROVEMENTS ARE TO BE COMPLETED
WITHIN TWO YEARS OF FINAL APPROVAL UNLESS AN EXTENSION OF TIME HAS
BEEN OBTAINED FROM THE APPROPRIATE MUNICIPAL AGENCY. THE MUNICIPALITY
HAS NO OBLIGATION TO CONSTRUCT ANY IMPROVEMENTS NOT COMMENCED, NOR
TO COMPLETE ANY IMPROVEMENTS COMMENCED BY DEVELOPER EXCEPT TO THE
EXTENT OF FUNDS RECEIVED FROM THE PERFORMANCE GUARANTEES POSTED BY
DEVELOPER WITH THE MUNICIPALITY.
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[Ord. No. 97-29 § 721G]
Prior to the granting of final approval where the developer
has elected to post performance guarantees for any improvements, the
Planning Board shall establish a time schedule or phasing plan for
the installation of improvements and a level of monetary guarantees
coordinated with that schedule or plan in order to protect the Borough.
Failure of the developer to meet any time limit or phasing deadline
shall necessitate review by the Planning Board. Timing or phasing
of improvements shall be established with consideration of the following
factors:
a.
The estimated amount of time needed to install all improvements;
b.
Physical characteristics of the site;
c.
Current market and economic conditions;
d.
The estimated cost of improvements and the nature of the performance
guarantees; and
e.
Representations of the developer relative to his ability to meet
the deadlines to be established.
[Ord. No. 97-29 § 721G]
Any time schedule and phasing plan shall be incorporated into the Developer's Agreement referred to the subsection 35-721.13, it shall be the responsibility of the Borough Engineer to monitor progress of installation of improvements and the sufficiency of the performance guarantee as development progresses. In the event the Borough Engineer determines, at anytime, that guarantees are insufficient to cover the completion of improvements, he may, with the concurrence of the Borough Attorney, adjust the limits of the guarantees. Any determination by the Borough Engineer may be appealed to the Governing Body within 10 days of such determination. Failure of the developer to comply with the decision of the Borough Engineer or to appeal the decision shall require immediate cessation of construction.
[Ord. No. 97-29 § 721H; Ord. No. 2018-23]
a.
The performance guarantee for the installation of improvements shall be in favor of the Borough of Tenafly in an amount equal to 120% of the cost of installation, which cost shall be determined by the Borough Engineer according to the method of calculation set forth in Section 53 of the Municipal Land Use Law for improvements which the Planning Board, Board of Adjustment or a developer agreement may deem necessary and are required to be dedicated to the Borough or other public entity including: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, as shown on the final map and required by the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq., sanitary sewers, water mains, drainage structures, community septic systems, public improvements of open space and any grading necessitated by the preceding improvements and all items set forth in Section 35-718. At least 10% of the performance guarantee shall be in the form of cash or a certified check made payable to the Borough of Tenafly. The balance may be in the form of cash, a certified check, a letter of credit, a performance bond, or any combination of the foregoing. The Borough Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
b.
The performance guarantee shall be approved by the Borough Attorney
as to form, sufficiency and execution. The performance guarantee shall
list all required improvements in detail, setting forth the amount,
quantity and specifications of all items. Such performance guarantee
shall run for a period to be determined by the Borough Council in
conjunction with the Developer's Agreement.
c.
Time of Guarantee. The performance guarantee shall run for a minimum
term as established in the Developer's Agreement from the date of
execution of the Agreement by the Borough Council. With the consent
of the principal, the performance guarantee may be extended by the
Borough Council by resolution for an additional period as established
by the Borough Council.
d.
The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the Borough
Council by resolution. As a condition or as part of any such extension,
the amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation, which cost shall be determined by the Borough Engineer
according to the method of calculation set forth in Section 15 of
P.L. 1991, c.256 as of the time of the passage of the resolution.
e.
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.
Such completion or correction of improvements shall be subject to
the public bidding requirements of the "Local Public Contracts Law."
N.J.S.A. 40A:11-1 et seq.
f.
Any cash or certified check furnished as a portion of a performance
guarantee in favor of the Borough shall be held in escrow by the Borough
and deposited or invested in the manner prescribed in N.J.S.A. 40:55D-53.1
for municipal funds, the principal amount to be refunded to the obligor
upon release from liability or reduction in the amount of the performance
guarantee.
[Ord. No. 97-29 § 721I]
a.
Upon substantial completion of all required street improvements (except for the final surface course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Borough Council in writing, by certified mail, addressed in care of the Borough Clerk that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to subsection 35-721.8a, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Borough Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Governing Body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
b.
The list prepared by the Borough Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Borough Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to subsection 35-721.8a.
c.
The Borough Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Borough Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for reflection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to subsection 35-721.8a. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer. Upon adoption of the resolution by the Governing Body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
d.
If the Borough Engineer fails to send or provide the list and report as requested by the obligor pursuant to subsection 35-721.9a within 45 days from receipt of the request, the obligor may apply to the Court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time and the cost of applying to the Court, including reasonable attorney's fees, may be awarded to the prevailing party.
e.
If the Borough Council fails to approve or reject the improvements determined by the Borough Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Borough Engineer's list and report, the obligor may apply to the Court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to subsection 35-721.8a; and the cost of applying to the Court, including reasonable attorney's fees, may be awarded to the prevailing party.
f.
In the event that the obligor has made a cash deposit with the Borough
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this section shall be applied to the cash deposit in the same proportion
as the original cash deposit bears to the full amount of the performance
guarantee.
g.
If any portion of the required improvements is rejected, the approving
authority may require the obligor to complete or correct such improvements
and, upon completion or correction, the same procedure of notification,
as set forth in this section shall be followed.
h.
Notwithstanding any provision of this chapter to the contrary, upon
completion of all improvements but prior to acceptance by the Borough
Council of such improvements and prior to the release of any performance
guarantee which may have been posted, deeds and an affidavit of title,
if necessary, must be received, free and clear of all mortgages and
encumbrances, for all fee and other property interests and improvements
to be conveyed to the Borough.
[Ord. No. 97-29 § 721J]
a.
Prior to any construction and coincident with the furnishing of the
performance guarantee by the developer, there shall be drafted an
agreement between the developer and the Borough of Tenafly incorporating
all of the terms and conditions of approval imposed by the Planning
Board. The agreement must contain the following provision: "It is
hereby understood and agreed that in the event the principal shall
default in the performance of its obligation under this agreement,
then the Borough shall perform the principal's obligation at the option
of the Borough Council." Any cost incurred by the Borough in performing
the principal's obligation shall be charged to the developer under
conditions to be established in the agreement.
b.
Implicit in every preliminary approval and part of each such agreement
in connection with final approval shall be the agreement to the developer
to:
1.
Procure any drainage, sight triangle, snow removal and other appropriate
easements as are deemed necessary by the approving authority.
2.
Make such revisions in the development plan as may be reasonably
required before or during construction by the Borough Engineer. All
drainage problems shall be resolved to the satisfaction of the Borough
Engineer prior to the acceptance by the Borough of any road and related
improvements in the subdivision.
[Ord. No. 97-29 § 721K]
Prior to the acceptance by the Borough of any improvements installed
for any subdivision, the subdivider shall furnish to the Borough Engineer
as-built plans for the following drawn on translucent tracing cloth
or its equivalent. The plat scale shall be one inch equals 20 feet:
a.
Roads (plans and profiles showing design elevations and center-line
gradients and as-built elevations along road center line at fifty-foot
stations and as-built center line gradients).
b.
Surface and storm water drainage (plans and profiles for facilities
in roads and easements and showing pipe sizes, invert elevations,
top or rim elevations and pipe gradients).
c.
Sanitary sewers (plans and profiles for facilities in roads and easements
and showing pipe sizes, invert elevations, top or rim elevations and
pipe gradients).
d.
Water mains, gas mains, underground electric conduits and underground
telephone conduits (plans and profiles for facilities in roads and
easements).
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All of the foregoing improvements and utilities may be shown
on the same location plan with appropriate legends.
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[Ord. No. 97-29 § 721L; Ord. No. 2018-23]
Prior to the release of the performance guarantee or in the
event that all improvements are installed by the subdivider in lieu
of posting a performance guarantee prior to final approval, the subdivider
shall post with the Borough of Tenafly a maintenance bond or guarantee
in accordance with Borough specifications. The maintenance bond or
guarantee shall amount to 15% of the cost of: (i) installing all of
the improvements which are being released; and (ii) installing the
following private site improvements: stormwater management basins,
inflow and water quality structures within the basins, and the outflow
pipes and structures of the stormwater management system as determined
by the Borough Engineer. Said maintenance bond shall run for two years
after the acceptance of said street, road or avenue by the Borough
Council. The maintenance bond or guarantee shall be expressly conditioned
upon the maintenance by the subdivider of all such improvements for
a period of two years and particularly shall guarantee the remedying
of any defects in such improvements which occur during said period.
The maintenance bond or guarantee shall further guarantee the replacement
of any dead or diseased street trees and plantings.
[Ord. No. 97-29 § 721M; Ord. No. 2018-23]
The agreement shall also provide that the obligor reimburse the Borough for reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements, provided that the Borough may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Borough Engineer for such inspection all in accordance with N.J.S.A. 40:55D-53. All of the improvements listed in Section 35-718 shall be subject to inspection and approved by the Borough Engineer, who shall be notified by the developer at least 72 hours prior to the start of construction. No underground installation shall be covered until inspected and approved by said Engineer. The agreement shall provide that the applicant shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the inspection of any improvements and construction.
[Ord. No. 97-29 § 721N]
In the event that final approval is by stages or sections of
development, the provisions of this section shall be applied by stage
or section.
[Ord. No. 2018-23]
a.
In the event that a developer seeks a temporary certificate of occupancy
for a development, unit, lot, building or phase of development, then
in such case the developer, as a condition of the issuance thereof,
shall furnish a separate guarantee in favor the Borough in an amount
equal to 120% of the cost of the installation of only those improvements
or items which remain to be completed or installed under the terms
of the temporary certificate of occupancy and which are required to
be installed or completed as a condition precedent to the issuance
of the permanent certificate of occupancy for the development unit,
lot, building or phase of development and which are not covered by
an existing performance guarantee (the "Temporary Certificate of Occupancy
Guarantee").
b.
Upon posting a Temporary Certificate of Occupancy Guarantee, all sums remaining under a performance guarantee required pursuant to Section 35-718 which relate to the development, unit, lot, building or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the Temporary Certificate of Occupancy Guarantee shall be determined by the Zoning Officer, Borough Engineer or other Borough official designated herein. At no time may the Borough hold more than one guarantee or bond at any time with respect to the same line item. The Temporary Certificate of Occupancy Guarantee shall be released by the Zoning Officer, Borough Engineer, or other Borough official designated herein upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building or other phase as to which the temporary certificate of occupancy relates and delivery to the Borough of a maintenance bond or guarantee in accordance with the provisions herein.
[Ord. No. 2018-23]
a.
A developer shall furnish to the municipality a guarantee to the
Borough solely for the purpose of returning property that has been
disturbed to a safe and stable condition or otherwise implementing
measures to protect the public from access to an unsafe or unstable
condition (a "Safety and Stabilization Guarantee"). At the developer's
option, the Safety and Stabilization Guarantee may be furnished either
as a separate guarantee or as a line item of the Performance Guarantee
referred to above.
b.
The Safety and Stabilization Guarantee shall be available to the
Borough only in the circumstance that: (i) site disturbance has commenced
and thereafter all work on the development has ceased for a period
of at least 60 consecutive days following such commencement for reasons
other than force majeure; and (ii) work has not recommenced within
30 days following delivery of written notice by the Borough to the
developer of the Borough's intent to claim payment under the Safety
and Stabilization Guarantee. The Borough shall provide written notice
to the developer by certified mail or other form of delivery providing
evidence of receipt.
c.
The amount of the Safety and Stabilization Guarantee for a development
with bonded improvements less than $100,000 shall be $5,000. The amount
of the Safety and Stabilization Guarantee for bonded improvements
exceeding $100,000 shall be calculated as follows: $5,000 for the
first $100,000 of bonded improvement costs plus 2.5% of bonded improvement
costs in excess of $100,000 up to $1,000,000 plus 1% of bonded improvements
costs in excess of $1,000,000.
d.
The Borough shall release the Safety and Stabilization Guarantee
to the developer upon the developer furnishing a Performance Guarantee
which includes a line item for safety and stabilization in an amount
required under this section.
e.
The Borough shall release the Safety and Stabilization Guarantee
upon the Borough Engineer's determination that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
[Ord. No. 97-29 § 722A]
The subdivider shall observe the requirements and principles
of land subdivision in the design of each subdivision or portion thereof,
as set forth in this Article. The "New Jersey Residential Site Improvement
Standards" (N.J.A.C. 5:21.1 et seq.) are hereby adopted in their entirety.
When such State standards conflict with those set forth in this ordinance,
the "New Jersey Residential Site Improvement Standards" shall apply.[1]
[1]
Editor's Note: Copies of the "New Jersey Residential Site
Improvement Standards" are kept on file at the Office of the Planning
Board of the Borough of Tenafly and shall be available for inspection.
[Ord. No. 97-29 § 722B; Ord. No. 2017-03]
The subdivision plat shall conform to design standards that
will encourage good development patterns within the Borough and promote
and not impair the public health, safety, convenience and general
welfare of the municipality. The design standards shall encourage
the conservation, protection and proper use of land and adequate provision
for circulation, utilities and services within the Borough. The subdivision
shall conform to the proposals and conditions shown on the Official
Map and Master Plan of the Borough. The streets, drainage rights-of-way,
school sites, public parks and playgrounds or other areas shown on
the officially adopted Master Plan or Official Map shall be considered
in approval of subdivision plats.
[Ord. No. 97-29 § 722C]
a.
All streets shall conform in widths, construction, directions and
alignments with the Official Map and Master Plan, and as may be required
by the Planning Board, and shall connect with streets shown thereon
with the minimum of jogs and sharp angles, and no streets shall in
any case have a width of less than 50 feet, unless a lesser width
is authorized by the Planning Board and the entire street width shall
be graded.
b.
No subdivision showing reserve strips controlling access to streets
shall be approved except where the control and disposal of land comprising
such strips has been placed in the Borough Council under conditions
approved by the Planning Board.
c.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan or Official Map or to
the street with requirements of this chapter shall dedicate additional
width along either one or both sides of the road. If the subdivision
is along one side only, 1/2 of the required extra width shall be dedicated.
d.
No street grade shall be less than 6/10 of 1% nor greater than 10%,
except in special instances where the topography of the land to be
subdivided is such as to make it impossible to otherwise develop such
land.
e.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°. The block corners at intersections
shall be rounded at the right-of-way line with a curve radius of not
less than 25 feet.
f.
Street jogs with center line offsets of less than 125 feet shall
be prohibited.
g.
A tangent at least 100 feet long shall be introduced between reverse
curves on all streets.
h.
When connecting street lines deflect from each other at any one point
by more than 10° and not more than 45°, they shall be connected
by a curve with a center line radius of not less than 100 feet for
minor streets and 300 feet for arterial and collector streets.
i.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°. The block corners at intersections
shall be rounded at the curbline with a curb having a radius of not
less than 20 feet.
j.
All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance.
k.
Dead-end streets (culs-de-sac) shall not be longer than 600 feet
and shall provide a turn-around at the end with a minimum curb to
curb radius of 95 feet and tangent whenever feasible to the right
side of the streets. If a dead-end street is of a temporary nature,
a similar turnaround shall be provided and provisions made for future
extension of the street and reversion of the excess right-of-way to
the adjoining properties. Trees planted in the right-of-way around
the cul-de-sac shall have a minimum clearance of eight feet from the
curbline.
l.
All street names shall be approved by the Borough Council, but a
continuation of an existing street shall have the same name.
m.
Arterial
and collector streets and streets within 500 feet of schools shall
have sidewalks on both sides.
[Ord. No. 97-29 § 722D]
a.
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area by this
chapter and to provide for convenient access, circulation control
and safety of street traffic.
b.
In blocks over 1,000 feet long, pedestrian walkways may be required
in locations deemed necessary by the Planning Board. Such walkway
shall be 10 feet wide and be straight from street to street and paved
four feet in width with material approved by the Borough Engineer.
c.
For all uses, block size shall be sufficient to meet all area and
yard requirements for such use.
[Ord. No. 97-29 § 722E]
[Ord. No. 97-29 § 722F]
a.
Shade trees shall be located on the street line spaced no greater
than 40 feet apart and placed so as not to interfere with utilities
or sidewalks. Such trees shall be not less than 2 1/2 inch caliper
and one of the following types:
b.
The Superintendent of Public Works shall give final approval of the
location of all street shade trees and shall supervise planting.
[Ord. No. 97-29 § 722G]
No top soil shall be removed from the site or used as soil.
Top soil moved during the course of construction shall be redistributed
so as to provide at least six inches of cover to all areas of the
subdivision and shall be stabilized by seeding or planting.
[Ord. No. 97-29 § 722H]
To be of the size and shape required by N.J.S.A. 46:23-9.9 et
seq. as amended,[1] and shall be placed in accordance with the statute.
[1]
Editor's Note: See now N.J.S.A. 46:26B-1 et seq.
[Ord. No. 97-29 § 722I]
All such installations shall be properly connected with an approved
system and shall be designed to handle adequately all present and
probable future development.
[Ord. No. 97-29 § 722J]
Such other subdivision improvements as the Mayor and Council
may find necessary in the public interest. All of the above listed
improvements shall be subject to inspection and approval by the Borough
Engineer who shall be notified by the developer at least 24 hours
prior to the start of construction. No underground installation shall
be covered until inspected and approved.
[Ord. No. 97-29 § 722K]
a.
In large scale developments, easements along rear property lines
or elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and shall be located in consultation
with the companies or Borough departments concerned.
b.
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream, there shall be provided a storm water easement or drainage
right-of-way conforming substantially with the lines of such watercourse,
and such further width or construction, or both, as will be adequate
for the purpose. The Borough shall retain the right to pipe all watercourses.
c.
Natural features such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision containing
such features.
[Ord. No. 97-29 § 722L]
The Board may require buffer planting along any portion of the
perimeter of a major subdivision tract when, in the Board's judgment,
the development of the tract is likely to have an adverse impact on
adjoining property due to the loss of existing vegetation or due to
conditions, such as traffic noise or traffic activity, lights, nearness
of dwellings, parks, outdoor recreational facilities, existence of
historic sites and historic districts and other like conditions. The
buffer area shall include such variety and species of trees as approved
by the Board in accordance with a plan to be submitted by the applicant.
The Board may further require than an easement containing the buffer
area be established in order to guarantee protection of the buffer
area. The easement shall not exceed the width of the minimum side
yard requirement of the zone in which the property is located. The
easement shall be included in the deed of any lot in which the easement
is located. The deed shall specify the conditions for the maintenance
of the buffer area.
[Ord. No. 97-29 § 723A]
In general, site plans shall be the principles of design relating
to subdivisions where applicable. In reviewing the site plan development
plan, the Planning Board shall ascertain that the following requirements
are complied with:
a.
That the provisions of the Zoning Regulations with respect to height,
minimum lot areas, mandatory open spaces and the like are complied
with.
b.
That adequate provision is made for off-street parking in accordance
with the Zoning Regulations and that adequate traffic circulation,
traffic safety and protection to adjoining property is provided.
c.
That adequate provision is made for the disposal of storm water as
approved by the Borough Engineer.
d.
That the location, design or construction of any building is not
likely to involve risks of traffic congestion, public safety or hazard.
e.
That the design or construction of any building or use will not be
markedly incongruous with the character of the neighborhood.
[Ord. No. 97-29 § 723B; Ord. No. 10-24 § 9]
a.
All off-street parking facilities, except for one- and two-family
dwellings, and loading facilities not within a building and required
by this section shall be paved, marked, drained, lighted, landscaped
and maintained by the owner or lessee in accordance with specifications
of the Borough, and such facilities shall be arranged for convenient
access and safety of pedestrians and vehicles. Such facilities shall
be adequate means of access to and egress from a public street. Lighting
installations shall be arranged so as to avoid reflection and glare
into an abutting or opposite residence district.
b.
All off-street parking areas and drives shall be paved as follows:
1.
Subgrade. The subgrade shall be undisturbed soil on properly compacted
fill. Prior to installation of the paving, the subgrade shall be dry,
firm and graded to the required depth. Subsurface drains and/or curbing
shall be installed where required by existing conditions.
2.
Paving. Paving shall be in four inch thick minimum compacted layer
of stabilized base bituminous material topped with 1 1/2 inch
thick minimum compacted layer of 1-5 pavement.
3.
Finished Surface. All finished paved areas shall be properly sloped
to prevent depressions or ponded areas.
4.
Utilities. Paving over water or gas shutoff valve boxes and sanitary
sewer peepsites is prohibited.
c.
All lighting in connection with building exteriors, walks and off-street
parking shall be so arranged and shielded as to reflect the light
downward away from all adjoining and nearby residence buildings, residence
zones and streets.
d.
The off-street parking area shall be effectively screened on any
side which adjoins or faces premises situated in any residence zone
by a fence or wall not less than four nor more than six feet in height,
maintained in good condition, provided, however, that a screening
of hedge or other natural landscaping may be substituted for the required
fence or wall if approved by the Planning Board.
e.
Those portions of the property which are not used for off-street
parking shall be attractively planted and maintained with at least
three inches of top soil with trees, shrubs, plants, in size and number,
and grass lawns, as may be required by the Planning Board. Special
plantings or fences as may be required by the Planning Board shall
be provided along the zone boundary lines so that parking areas shall
not be visible from the adjoining or adjacent residential properties.
All embankments with greater than one on two slope shall be terraced,
and retaining walls of rock, railroad ties or other suitable materials
shall be installed. Such terraces shall be landscaped and maintained
in an attractive manner. Those portions of the property which are
landscaped as required by this paragraph shall be adequately maintained
by the owner, keeping all plantings alive and healthy, or replaced.
f.
The Planning Board may require that landscaped areas be provided
within parking areas exceeding an area of 10,000 square feet. The
landscaped areas shall be bounded by curbing and shall consist of
islands located at the ends of parking bays, islands running the length
of and separating bays of parking and similar island arrangements
as may be appropriate given the size and proportions of parking area.
All such island areas shall be of sufficient width and dimensions
to support the vegetation intended.
g.
Each parking space shall have a rectangular area of at least 171
square feet, exclusive of access drives or aisles, at least 9.5 feet
in width and 18 feet in length. Each such space shall abut an access
drive or aisle. Hairpin striping of parking spaces is required.
On-site parking spaces for retail uses which provide shopping
carts to customers shall be 10 feet wide. Tandem or stacked parking
shall be permitted only on specific permission of the Planning Board
based on valid reasons. Parking spaces parallel to the curb shall
be 10 feet in width and not less than 24 feet in length.
h.
Each off-street loading berth shall be at least 12 feet wide and
each additional required berth shall be at least 45 feet in length,
exclusive of access aisles and maneuvering space in any case. Each
berth within a building and access ways thereto shall have a vertical
clearance of at least 14 feet.
i.
The entire perimeter of all parking areas and the edges of all entrance
and exits shall be enclosed with a granite block curbing at least
six inches above the paving surface. Curbing shall not be less than
five feet from any building. Where minimum distances from parking
areas to property lines, to buildings and to zone boundary lines,
as set forth in required conditions under the particular zone regulations
differ from five feet, the curbing shall be at the distance prescribed
under the particular zone's required conditions.
j.
All parking areas shall be designed with service aisles complying
with the following standards:
1.
Parallel parking: thirteen-foot aisle width.
2.
30 degrees angle parking: thirteen-foot aisle width.
3.
45 degrees angle parking: sixteen-foot aisle width.
4.
60 degrees angle parking: nineteen-foot aisle width.
5.
90 degrees angle parking: twenty-five-foot aisle width.
|
A service aisle or driveway in or servicing any off-street parking
area shall not be less than 13 feet in width. Only one-way traffic
shall be permitted in service aisles or driveways having a width of
less than 25 feet.
|
k.
All parking areas shall be designed to satisfy the requirements of
the Americans with Disabilities Act Accessibility Guidelines (ADAAG).
[Ord. No. 97-29 § 723C]
a.
Any trash, garbage and waste material stored outside a building shall
be stored in suitable containers and in fenced or walled enclosures.
The enclosures shall have four sides, one side with a gate for access
and, unless masonry walls, shall be installed with steel posts in
concrete footings. Enclosure height shall not be less than the height
of the enclosure. All enclosures shall have a clearance of at least
two feet around the container. Enclosures may adjoin the rear wall
of a building, any adjoining a side wall of a building which does
not face on either a street or a residential district or may be located
in the rear yard and apart from the building, provided that all accessory
building setbacks are met. Enclosures shall be screened from view
from any adjoining street or property when deemed necessary by the
Planning Board.
b.
Any trash, garbage and waste material shall be so contained as to
be protected from the elements and to eliminate the potential for
accumulation or scattering of debris. Garbage of an animal or vegetable
nature, any trash or waste material that would attract vermin and
insects and any other waste material which, by its nature, would present
a health hazard if exposed to the elements shall be stored in airtight
and/or leakproof, covered metal containers as may be necessary.
[Ord. No. 97-29 § 723D]
a.
In multi-family residential developments containing 25 or more units
and in nonresidential developments utilizing 1,000 square feet or
more of land area, provisions shall be for the recycling of recyclable
materials in accordance with the municipal recycling regulations.
The plan shall be accompanied by a description of the following:
[Ord. No. 97-29 § 723E]
In the case of a site plan for a planned development, such as
a townhouse or apartment complex, the following additional design
criteria shall be met:
a.
The departures by the proposed development from Zoning Regulations
otherwise applicable to the subject property conform to the Zoning
Regulations.
b.
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, locations and purpose of
the common open space are adequate.
c.
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.
d.
That the proposed development will not have an unreasonably adverse
impact upon the area in which it is proposed to be established.
e.
Parking spaces shall not be entered directly from a public street.
f.
All off-street parking areas and internal roadways shall be paved,
bounded by permanent curbing and constructed in accordance with this
and other applicable ordinances.
g.
The arrangement and location of garages, parking areas and internal
roadways shall be subject to approval of the Planning Board and shall
be designed to insure maximum safety, proper circulation and maximum
convenience for residents and their guests.
h.
All common open space shall be attractively landscaped with grass
lawns, trees and shrubs. Provision shall be made for the preservation
of existing trees and natural features.
i.
Internal roadways and driveways shall be at least 26 feet in width
for two-way traffic and at least 12 feet in width for one-way traffic;
provided, however, that the Planning Board may require that roadways
and driveways be up to 34 feet wide for main entrance roads and roads
serving more than 10 dwelling units or collection traffic from more
than 100 dwelling units. The circulation system shall be designed
to safely and efficiently accommodate emergency vehicles, moving vans,
solid waste disposal vehicles and the like. Roadways and driveways
shall not enter a public street within 50 feet of an intersection.
Parking in internal roadways and driveways shall be prohibited.
j.
All parking shall be specifically designated on a site plan for that
purpose. Off-street parking areas shall be located beyond the street
setbacks for principal buildings. Parking areas are to be constructed
to the rear of principal buildings, but only provided that the area
is adequately serviced by a roadway and not to be considered part
of such roadway.
k.
Access drives shall be located at least 50 feet from an intersection.
All traffic ingress and egress to the site shall be from an arterial
street and not from a minor street. Such ingress and egress shall
be subject to Planning Board approval.
l.
Parking areas and access drives shall be paved and curbed and provided
with adequate systems of storm drainage. Furthermore, each parking
space is to be properly marked by lines. All parking spaces and fire
lanes, parking areas and lines on pavement shall be painted and maintained
so as to be visible at all times.
m.
Garages.
1.
Maximum joint capacity of each group of garage spaces arranged in
a row; 12 vehicles.
2.
Vehicular access to garages shall be from the side or rear of the
principal building unless located in a townhouse unit.
3.
The entrance to such garages shall not be on any main access street
or public street.
n.
Building design must be residential in character, conforming to the
established character of the neighborhood and in keeping with the
current residential design. Architectural design and materials used
in construction of garages and accessory buildings shall conform to
those used in the construction of the principal buildings. The floor
plan of each dwelling unit is to be approved by the Planning Board.
The approved plan shall not be altered in any way without the consent
of the Planning Board.
o.
Sidewalks. Concrete, brick or paver block sidewalks, to be constructed
in accordance with Borough specifications to a paved width of not
less than four feet shall be provided:
1.
To and from buildings and parking areas.
2.
To and from buildings and roads or accessways.
3.
To all service areas.
4.
Wherever else required by the Planning Board at the time of the site
plan approval. No sidewalks, except those leading to and from building
entrances and exits, shall be placed closer to a building then 10
feet, but sidewalks may be placed in landscaped areas and within required
yard setback areas.
p.
Landscaping. All areas of the site not used for the construction
of buildings, roads, accessways, parking areas or sidewalks shall
be fully and attractively landscaped with trees, shrubs and grass
lawns. Any trees or shrubs in a healthy state at the time of development
begins shall remain and be protected during construction, provided
that they are within areas designated as "open space" and not subject
to extreme grading. At least 10% of the gross site shall be devoted
to common open space for use of residents.
q.
Solid Waste; Recycling. Provision shall be made for the storage and collection of trash, garbage and other waste material in accordance with applicable provisions of subsection 35-722.4. Exterior garbage containers shall be so located as to efficiently service all dwelling units but shall be clustered so as to have a minimum number of areas. All such areas shall be provided with sufficient screening on all sides by wood or other similar materials so as to prevent access to the same by animals, which screening shall be at least six feet in height and designed so as to harmonize with the other architectural elements on the site. Garbage containers shall be a minimum of 25 feet from all property lines. Provision shall also be made for the deposit and collection of recyclable materials consistent with the above provisions and in accordance with the requirements of subsection 35-723.4.
r.
Lighting. Interior roads, driveways, private thoroughfares, parking
areas, building entrance ways and pedestrian walks shall be provided
with sufficient illumination to minimize hazards to pedestrians and
motor vehicles utilizing the same and shall, where necessary, be shielded
to avoid glare to occupants of buildings and adjoining areas. Lighting
shall be so arranged as to reflect away from any adjoining properties.
[Ord. No. 97-29 § 724]
In order that the Planning Board may assess the impact or plan
proposed major subdivision and certain site plans upon the natural
environment, the preliminary plat plan shall be accompanied by an
Environmental Impact Statement, which shall contain information and
analysis covering the items hereinafter set forth. The Planning Board,
as part of its review procedures, shall take into consideration the
effect of the applicant's proposal upon all aspects of the environment
including, but not limited to, sewage disposal, preservation of trees
and vegetation, protection of watercourses, and the presence of any
nuisance factors. The Planning Board shall not approve any application
hereunder unless it determines and finds that the proposed development
will not result in unavoidable harmful effects to the natural environment,
has been designed and conceived with a view towards the protection
of natural resources, and will not place a disproportionate or excessive
demand upon the total resources available for such proposal and for
any future proposals. The Planning Board may upon the application
and for good cause waive the requirement for an Environmental Impact
Statement or for any of the specific requirements relating thereto
as set forth hereunder. The Environmental Impact Statement shall cover
the following, but may refer to without repeating, items of information
called for above in this section:
a.
Description of Development. The contours, buildings, roads, paved
areas, proposed grading or regrading, existence of natural streams
and the relationship of the premises to surrounding properties and
existing utility lines shall be described.
b.
Sewerage Facilities. It must be shown that permission has been obtained
from the appropriate authority to connect with the Borough or County
sewerage system.
c.
Water Supply. It must be shown that permission has been obtained
from the appropriate authority to have an adequate supply of potable
water supplied for the use intended.
d.
Storm Water Management. It must be shown that storm water runoff
from the site is so controlled that on- and off-site erosion is neither
caused nor worsened, and that the potential downstream flooding is
not increased.
1.
Volume of storm water runoff now existing from site and volume to
be generated by new improvements, using a 100-year design storm.
2.
Data on landscaping, vegetation map, tree and ground cover, existing
on-site compared with that proposed.
3.
Changes of runoff to be caused by change of such landscape and all
roofs and paved surfaces.
4.
Plans for disposition of storm water, whether by retention on-site
or means of channeling so as to protect downstream property.
5.
Stream Encroachments. In the case of streams having a drainage area
exceeding 1/2 square mile, an encroachment permit is required from
the NJDEP Division of Water Resources for fill or diversion of a water
channel, alteration of a stream, repair or construction of a bridge,
culvert, reservoir, dam, wall, pipeline or cable crossing.
6.
Flood plains, description of potential flood damages, including a
summary of flood stages from State and Federal sources.
7.
Submission of a Sediment and Erosion Control Plan draw in accordance
with the guidelines and standards adopted from time to time by the
County Soil Conservation District.
e.
Critical Impact Areas. Plans should include any area, condition or
feature which is environmentally sensitive or which, if disturbed
during construction would adversely affect the environment.
1.
Critical impact areas include, but are not limited to, stream corridors,
streams, wetlands, estuaries, slopes greater than 20%, highly acid
or highly erodible soils, areas of high water table, mature stands
of native vegetation and aquifer recharge and discharge areas.
2.
A statement of impact upon critical areas and of adverse impacts
which cannot be avoided.
3.
Environmental protective measures, procedures and schedules to minimize
damage to critical impact areas.
f.
A list of all licenses, permits and other approvals required by municipal,
County or State law and the status of each.
g.
A listing of all adverse environmental impacts (especially irreversible
damage) that cannot be avoided.
h.
An assessment of the environmental impact of the project.
i.
A listing of steps proposed to minimize environmental damage to the
site and region during construction and operation.
j.
A soil erosion and sediment control plan prepared by a licensed New
Jersey professional engineer in accordance with specifications for
soil erosion and sediment control of the Bergen County Soil Conservation
District for certification pursuant to C.251, L. 1975. The Planning
Board shall not give unconditional approval to the preliminary plat
until receipt of the Soil Conservation District certification. Any
fees or expenses involved in the review by the District shall be the
applicant's responsibility. Upon receipt of a report from the Bergen
County Soil Conservation District the Planning Board shall require
incorporation of soil erosion and sediment control measures as it
deems appropriate as a condition of tentative approval of the preliminary
plat.
