[Ord. #6-1989, § 401.1]
Approval of subdivision plats by resolution of the Planning
Board is a condition for the filing of such plats with the County
Recording Officer and approval of site plans by resolution of the
Planning Board as a condition for the issuance of a permit for any
development, except that subdivisions or individual lot applications
for detached one or two dwelling unit buildings shall be exempt from
such site plan review and approval; provided that the resolution of
the Board of Adjustment shall substitute for that of the Planning
Board whenever the Board of Adjustment has jurisdiction over a subdivision
or site plan pursuant to N.J.S.A. 40:55D-76b.
[Ord. #6-1989, § 401.2]
Each application for subdivision approval, where required pursuant
to N.J.S.A. 40:27-6.3, and each application for site plan approval,
where required pursuant to N.J.S.A. 40:27-6.6, shall be submitted
by the applicant to the County Planning Board for review and approval.
[Ord. No. 2017-07 § 2]
See Section 22-413, Waiver of Site Plan, for application and submission of a site plan waiver.
[Ord. #6-1989, § 402]
The approving authority, when acting upon applications for minor or preliminary major subdivision approval and preliminary site plan approval, shall have the power to grant such exceptions from the design and performance standards in Article V of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[Ord. #6-1989, § 403]
These provisions shall be minimum requirements. Where both minimum
and maximum standards are established, both shall be met even though
the combination may not permit development to take advantage of all
standards simultaneously. Where there are conflicting provisions with
other provisions of this chapter or any other ordinance or law, the
more restrictive or higher standards shall control.
[Ord. #6-1989, §§ 404.1, 404.2]
a.
The approving authority shall have the power to act upon subdivisions,
conditional uses, variances or site plans simultaneously without the
applicants making further application, or the approving authority
being required to hold further hearings. The longest time period for
any action by the approving authority, whether it be for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the applicant in conjunction
with a site plan or subdivision, notice of the hearing on the plat
shall include reference to the request for such conditional use.
b.
The applicant may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit followed by a subsequent application for required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval(s) shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning regulations. In the event that the applicant elects to submit separate consecutive applications, the required time for action by the approving authority as set forth in subsection 22-201.2 shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying subsequent approval(s) of a subdivision, site plan or conditional use shall be as otherwise provided in this chapter.
[Ord. #6-1989, § 405.1]
Any person may be placed on the agenda of a regular meeting
of the approving authority for discussion on an informally prepared
plat. The purpose will be to review concepts to assist the applicant
in the preparation of subsequent plans. Other than classification,
no decisions will be made, no hearings held and no formal action taken
on an informal plat.
a.
Filing Procedure. The applicant shall submit to the administrative
officer at least 10 days prior to the workshop meeting of the approving
authority, six completed black-on-white copies of the informal plat,
two completed copies of the application form, two complete copies
of the informal plat checklist and the applicable fee.
b.
Action by the Approving Authority.
1.
The approving authority shall review the submission for its completeness
and, if sufficient data is presented, shall classify the application
as a minor or major development within 45 days of the date of submission
or such further time as may be consented to by the applicant. If the
approving authority shall require any changes in the plat prior to
the applicant's resubmitting the plat as a preliminary or final plat,
such changes and/or conditions shall be in writing and shall be sent
to the applicant.
2.
When the approving authority determines that any proposed development
may create, either directly or indirectly, an adverse effect on either
the remainder of the property being developed or nearby property,
the approving authority may require the developer to revise the 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 an informal 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 adverse effect(s).
[Ord. #6-1989, § 405.2]
Preliminary plats are required for all site plans and major
subdivisions.
a.
Filing Procedure.
1.
The developer shall submit to the administrative officer at least 10 days, but not more than 20 days, prior to the workshop public meeting of the approving authority, eight black-on-white copies of the preliminary plat; eight completed copies of the application form for preliminary approval, two completed copies of the preliminary plat checklist; three copies of any protective covenants, deed restrictions, and easements applying to the land being developed; three copies of the drainage calculations and soil erosion and sediment control data as required in Article V of this chapter; the applicable fee; and certification by the Tax Collector that all taxes are paid to date.
2.
A corporation or partnership applying for permission to subdivide
a parcel of land into six or more lots, or for a variance to construct
a multiple dwelling of 25 or more family units, or for approval of
a site to be used for commercial purposes, shall list the names and
addresses of all stockholders or individual partners owning at least
10% of its stock of any class, or at least 10% of the interest in
the partnership, as the case may be.
If a corporation or partnership owns 10% or more of the stock
of a corporation, or 10% or greater interest in a partnership, subject
to the above disclosure, that corporation or partnership shall list
the names and addresses of its stockholders holding 10% or more of
its stock or of 10% or greater interest in the partnership, as the
case may be, and this requirement shall be followed by every corporate
stockholder or partner in a partnership, until the names and addresses
of the noncorporate stockholders and individual partners, exceeding
10% ownership criterion established in this chapter have been listed.
The approving authority shall not approve the application of
any corporation or partnership which does not comply with this requirement.
The penalty for concealment by a corporation or partnership shall
be as provided in N.J.S.A. 40:55D-48.4.
b.
Action by the Approving Authority.
1.
The approving authority shall review the submission for its completeness
and take action on accepting or rejecting the submission as a complete
application. If rejected, the developer shall be notified within 45
days of submission.
2.
Public Hearing. If accepted as a complete application, a public hearing
date shall be set and notice given as required by this chapter.
3.
Upon submission of a plat, the administrative officer shall submit
one copy of the plat and supporting data to the County Planning Board,
Municipal engineer and any other agency or person as directed by the
approving authority for their review and action. Each shall have not
more than 30 days from receipt of the plat to report to the approving
authority. In the event of disapproval, such report shall state the
reasons therefor. If any agency or person fails to report to the approving
authority within the designated period, said plat shall be deemed
to have been approved by said agency or person. Upon mutual agreement
between the County Planning Board and the approving authority, with
approval of the developer, the thirty-day period for a County Planning
Board report may be extended for an additional 30 days and any extension
shall so extend the time within which the approving authority is required
to act.
4.
A subdivision of 10 or fewer lots shall be granted or denied within
45 days of the date of a complete submission or within such further
time as may be consented to by the developer. With more than 10 lots,
the approving authority shall grant or deny preliminary approval within
95 days of the date of a complete submission or within such further
time as may be consented to by the developer. Otherwise, the approving
authority shall be deemed to have granted preliminary approval to
the subdivision.
5.
The approving authority shall grant or deny preliminary site plan
approval within the following time periods unless some further time
has been consented to by the developer:
6.
If the approving authority required any substantial amendment in
the layout of improvements in either a site plan or subdivision as
proposed by the developer, and that plan had been the subject of a
hearing, an amended application for development shall be submitted
and proceeded upon as in the case of the original application for
development. The approving authority shall, if the proposed development
complies with this chapter, grant preliminary approval.
7.
The approving authority may approve the application, disapprove it
or approve it with conditions. The decision shall be in writing and
shall be sent to the developer and the newspaper as required by law.
If the approving authority grants preliminary approval, its Chairman
and Secretary (or the Vice Chairman or Assistant Secretary in their
absence, respectively) and Borough Engineer shall sign each page of
the plat indicating the approval. If the plat is conditionally approved,
it shall not be signed until all conditions are complied with. If
all conditions are not complied with within 95 days from the date
of the meeting at which the plat was conditionally approved, the conditional
approval shall lapse.
8.
Preliminary approval shall, except as provided in (a) below, confer
upon the developer the following rights for a three-year period from
the date of the preliminary approval, otherwise the approval shall
be void:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to: use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements; any requirements
peculiar to site plan approval; except that nothing herein shall be
construed to prevent the Borough from modifying by ordinance such
general terms and conditions of preliminary approval as relate to
public health and safety.
(b)
That the developer 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 developer may apply for, and the approving authority
may grant, extensions on such preliminary approval for additional
periods of at least one year, but not to exceed a total extension
of two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
9.
In the case of a development of an area of 50 acres or more, the approving authority may grant the rights referred to in subsection 22-405.2, paragraph b, 8 of this chapter, for such period of time, longer than three years, as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval, economic conditions and the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
[Ord. #6-1989, § 405.3]
a.
Filing Procedure.
1.
The developer shall submit to the administrative officer at least
10 days, but not more than 20 days, prior to the meeting of the approving
authority, one Mylar, two cloth and four black-on-white paper prints
of the plat; two completed copies of the application form for final
approval; two completed copies of the final plat checklist; the applicable
fee; a certification by the Tax Collector that all taxes are paid
to date; and a certification from the Soil Conservation District pursuant
to the Soil Erosion and Sediment Control Act (Chapter 251 of the Laws
of 1975). The developer shall also submit with the administrative
officer prior to final approval of the application, if granted, or
within a specified period of time not to exceed 95 days after the
date of the meeting at which conditional approval was granted, the
performance guaranty and/or maintenance guaranty for on-site and off-site
improvements.
2.
Where utility services are to be extended to a property or into the
tract, the final plat shall be accompanied by letters directed to
the approving authority and signed by a responsible officer of the
water department, sewerage authority, and utility company which provides
gas, telephone and electricity, that has jurisdiction in the area.
The letters shall approve each proposed utility installation design
and state who will construct the facilities.
3.
The final plat shall be accompanied by a statement by the Borough
Engineer that he is in receipt of a map showing all utilities and
other improvements (both on-site and off-tract improvements) as built,
that he has examined the drainage, erosion and stormwater control,
and excavation plans and found that the interests of the Borough and
of nearby properties are fully protected, identifying those portions
of any improvements already installed, and that the developer has
either:
(a)
Installed the improvements in accordance with the requirements
of this chapter and the preliminary plat approval, with a maintenance
guaranty accompanying the final plat; or
(b)
Elected to post a performance guaranty to insure the installation
of the required onsite and off-site improvements in a satisfactory
manner.
b.
Action by the Approving Authority.
1.
The approving authority shall review the submission for its completeness
and take action on accepting or rejecting the submission as a complete
application. If rejected, the developer shall be notified within 45
days of submission. If accepted as a complete application, the approving
authority shall grant final approval if the detailed drawings, specifications
and estimates conform to the standards established by this chapter,
the conditions of preliminary approval (the changes and/or conditions
required on the informal plat, in cases where there has been no preliminary
plat) and the standards prescribed in the map filing law (N.J.S.A.
46:23-9.9 et seq.). In the case of a minor or exempt subdivision or
site plan where there has been no previous submission of an informal
or preliminary plat, the approving authority may waive the required
notices and hearing.
2.
Final approval or conditional approval shall be granted or denied
within 45 days after submission of a complete application to the administrative
officer, or within such further time as may be consented to by the
developer. Failure of the developer to comply with all conditions
within the time period set out in a conditional approval, shall cause
the conditional approval to lapse. An approved final plat shall be
signed by the Chairman and Secretary of the approving authority (or
the Vice Chairman or Assistant Secretary in their absence, respectively)
after all conditions of the approval have been met. Failure of the
approving authority to act within the period prescribed shall constitute
final approval, and a certificate of the administrative officer as
to the failure of the approving authority to act shall be issued on
request of the developer. Such certificate shall be sufficient in
lieu of the written endorsement or other evidence of approval, herein
required, and shall be so accepted by the county recording officer
for purposes of filing subdivision plats.
3.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the approving
authority shall condition any approval that it grants upon timely
receipt of a favorable report from the County Planning Board or upon
its failure to submit a report within the required time period.
4.
Final approval of a minor subdivision shall expire 190 days from
the date of municipal approval unless within such period a plat in
conformity with such approval, including any conditions imposed by
the approving authority, and in conformity with the provisions of
the map filing law (N.J.S.A. 46:23-9.9), 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. Such plat or deed accepted for such filing shall have been
signed by the Chairman and Secretary of the approving authority (or
the Vice Chairman or Assistant Secretary in their absence, respectively).
In reviewing the application for development for a proposed minor
subdivision, the approving authority may accept a plat not in conformity
with the Map Filing Law, provided that if the developer chooses to
file the minor subdivision by plat rather than deed, such plat shall
conform to the provisions of said map filing law.
5.
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 approving authority 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. No subdivision plat shall be accepted
for filing by the County Recording Officer until it has been approved
by the approving authority as indicated on the instrument by the signature
of the Chairman and Secretary of the approving authority (or the Vice
Chairman or Assistant Secretary in their absence, respectively) or
a certificate has been issued as to the failure of the approving authority
to act within the required time. The signatures of the Chairman and
Secretary shall not be affixed until the developer has posted the
required guaranties. If the County Recording Officer records any plat
without such approval, such recording shall be deemed null and void,
and upon request of the municipality, the plat shall be expunged from
the official records. It shall be the duty of the County Recording
Officer to notify the planning board in writing within seven days
of the filing of any plat, identifying such instrument by its title,
date of filing and official number.
6.
The zoning requirements applicable to this preliminary approval first
granted and all other rights conferred upon the developer pursuant
to the Municipal Land Use Law, whether conditional 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 subsection shall expire if the plat has not been duly recorded
within the time period required by the Municipal Land Use Law. If
the developer has followed the standards prescribed for final approval,
the approving authority may extend such period of protection for one
year but not to exceed three extensions. Upon granting of final approval,
the rights conferred upon the applicant by the granting of preliminary
approval shall be terminated for the section granted final approval.
7.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two years after the
date of minor subdivision approval; provided that the approved minor
subdivision shall have been duly recorded as provided in the Municipal
Land Use Law.
8.
In the case of a subdivision or site plan for a planned development
of 50 acres or more, conventional subdivision or site plan for 150
acres or more, or site plan for development of a nonresidential floor
area of 200,000 square feet or more, the approving authority may grant
the rights referred to in paragraphs b,6 and b, 7 of this subsection
for such period of time, longer than two years, as shall be determined
by the approving authority to be reasonable taking into consideration:
(1) the number of dwelling units and nonresidential floor area permissible
under final approval; (2) economic conditions; and (3) the comprehensiveness
of the development. The developer may apply for thereafter, and the
approving authority may thereafter grant, an extension of final approval
for such additional period of time as shall be determined by the approving
authority to be reasonable taking into consideration: (1) the number
of dwelling units and nonresidential floor area permissible under
final approval; (2) economic conditions; and (3) the comprehensiveness
of the development.
9.
The developer shall supply sufficient copies of the approved final
plat so the administrative officer can distribute one copy to the
Borough Clerk, Building Inspector, Tax Assessor and Planning Board,
and shall supply one translucent cloth or Mylar copy to the Borough
Engineer.
c.
Acceptance of Streets. The approval of any plat under this chapter
by the approving authority shall in no way be construed as acceptance
of any street, drainage system or other improvement required by this
chapter, nor shall such plat approval obligate the Borough in any
way to maintain or exercise jurisdiction over such street, drainage
system or other improvements. Acceptance of any street, drainage system
or other improvement shall be implemented only by favorable action
by the governing body.
[Ord. #6-1989, § 406.1]
a.
Plat Conformity. No development application shall be accepted unless
submitted in plat form, and no plat, other than an informal plat as
set forth in this chapter, shall be accepted for consideration unless
it conforms to the following requirements as to form, content and
accompanying information. All plats shall be drawn by a licensed professional
engineer, registered land surveyor, registered architect or registered
planner; in accordance with N.J.A.C. 13:27-6, 13:40-7 and 13:41-4.
All drawings of improvements shall bear the signature and seal of
a licensed professional engineer of the State of New Jersey.
b.
The following requirements shall be observed in an informal subdivision
or site plan plat for review and classification.
1.
Clearly and legibly drawn.
2.
Graphic scale not less than one inch equals 100 feet.
3.
Existing and proposed street and lot layout, with dimensions, showing
that portion proposed for development in relation to the entire tract.
4.
Existing lot lines to be eliminated.
5.
Area of original tract and of each proposed lot.
6.
Basic intent for water supply and sewage disposal.
7.
Contours based on United States Geological Survey datum.
8.
Existing structures and uses, including the location of lots.
9.
All setback lines as well as the shortest distance between buildings
and proposed or existing lot lines.
10.
All streams, lakes and drainage rights-of-way, including the
direction of flow of all streams, brooks and drainage rights-of-way;
the location of all drainage structures; and the approximate location
of flood hazard areas and floodway lines, steep slopes, wetlands and
swamps based on Soil Conservation Service data.
11.
Existing and proposed rights-of-way and easements within and
adjoining the tract. Proposed access points and parking areas shall
be included on site plans.
12.
The tax map sheet, block and lot number for the tract and for
all adjacent lots; a title including the words "Informal Plat for
Review and Classification"; north arrow; space for the application
number; the date of the original drawing and the date and substance
of each revision.
13.
Zoning district(s), with all zone boundaries within 200 feet
of the tract.
14.
The name, address, signature and phone number of the owner,
developer and person preparing the plat.
15.
A key map with north arrow showing the entire development and
its relation to surrounding areas.
c.
Preliminary Subdivision Plat. The following requirements shall be
observed in preparing a preliminary subdivision plat:
1.
Clearly and legibly drawn.
2.
Graphic scale not less than one inch equals 100 feet.
3.
Based on certified boundary survey prepared by a licensed land surveyor.
4.
Sheet sizes of 30 inches by 42 inches, 24 inches by 36 inches, 15
inches by 21 inches or 8 1/2 inches by 13 inches. If more than
one sheet is required to show the entire subdivision, a separate composite
map shall be drawn showing the entire subdivision on one sheet and
the sheets on which the various sections are shown.
5.
Key map with north arrow showing the entire subdivision in relation
to surrounding areas, including the names of principal roads and at
a scale of not less than one inch equals 2,000 feet (one inch equals
2,000 feet).
6.
Title block with the name of the subdivision; any development names
previously associated with the application; the name of the municipality;
tax map sheet, block and lot number; date of preparation and of each
revision; graphic scale; the names, addresses, phone numbers and signatures
of the owner, developer and person(s) who prepared the plat(s), including
the embossed seal of the latter; and space for the application number.
7.
The names of all property owners within 200 feet of the extreme limits
of the development as disclosed on the most recent municipal tax records.
8.
Tract acreage to nearest 1/1,000 of an acre; the number of new lots;
each lot line dimension scaled to the nearest foot; and each lot area
to the nearest square foot.
9.
Existing and proposed contours at two foot intervals. All elevations
shall be related to a bench mark noted on the plan and be based on
United States Geological Survey mean sea level datum.
10.
Location of existing natural features such as United States
Soil Conservation soil types, slopes exceeding 10%, wooded areas,
views within the development and the location of individual trees
outside wooded areas having a diameter of six inches or more as measured
five feet above ground level.
11.
Existing and proposed streams, lakes, ponds and marsh areas
accompanied by:
(a)
Evidence of approval by the New Jersey Department of Environmental
Protection where alterations of these facilities are proposed on the
plan.
(b)
The total upstream acreage in the drainage basin of any watercourse
running through or adjacent to a development. For flowing streams,
small-scale watershed maps developed from United States Geological
Survey sheets shall be submitted.
(c)
The location and extent of all existing and proposed drainage
and conservation easements and flood hazard area and floodway lines.
(d)
The location, extent and water elevation of all existing and
proposed lakes or ponds within the project and within 300 feet of
the limits of the project.
(e)
Plans and calculations for any storm drainage system.
12.
The names, locations and dimensions, including widths of pavement
and rights-of-way for all roadways within 200 feet of the boundaries
of the development; existing driveways and any connections from proposed
streets or sidewalks to any adjoining streets or sidewalks; and what
off-site extensions, if any, will be made to nearby arterial and collector
streets.
13.
Plans, cross sections, centerline profiles, tentative grades
and details of all proposed and existing streets in the tract and
within 300 feet of the development, together with full information
as to the disposal of surface drainage and including plans and profiles
of streets, storm drains and drainage structures to which surface
drainage from the project runs.
14.
Typical cross section of streets, indicating the type and width
of roadway pavement and the location of curbs, sidewalks, typical
underground utilities, and shade tree planting.
15.
The names, locations, paved widths, right-of-way widths and
purpose(s) of existing and proposed easements, streets and other rights-of-way
in the subdivision.
16.
The location and description of all monuments, existing and
proposed.
17.
All proposed lot lines and all existing lot lines to remain
and those to be eliminated; all minimum setback lines required by
the zoning provisions of this chapter with dimensions thereof; any
municipal boundary line lying within the tract or within 200 feet
of the tract.
18.
Lot and block numbers in accordance with numbers assigned by
the Tax Assessor.
19.
Locations of all existing structures and their uses in the tract
and within 200 feet of the tract, showing existing and proposed front,
side and rear yard setback distances; structures of historic significance
and an indication of all existing structures and uses to be retained
and those to be removed.
20.
Plans and profiles of proposed improvements and utility layouts
(sanitary sewers, erosion control, stormwater runoff control, excavation,
water mains and fire hydrants, streetlights, etc.) showing location,
size, slope and other details as well as feasible connections to any
existing or proposed utility systems.
21.
Zoning districts(s) and zone boundary lines, if within 200 feet
of the boundaries of the tract.
22.
An itemization of all improvements to be made to the site in accordance with the standards specified in Article V and such other improvements on-site, off-site, on-tract and off-tract, as the public interest may require, including estimated quantities, sufficient to enable the Borough Engineer to formulate a performance guaranty estimate.
23.
Location of proposed sales office and/or construction office
trailers. The developer shall provide accessibility to the trailers
during development construction activity, and off-street parking shall
be provided for staff and prospective buyers. The trailers shall be
removed prior to the issuance of the Certificate of Occupancy for
the last building on the project site.
d.
Final Subdivision Plat. The following requirements shall be observed
during the preparation of final subdivision plats:
1.
Clearly and legibly drawn.
2.
Graphic scale not less than one inch equals 50 feet unless a different
scale is approved by the Borough Engineer, provided it is large enough
to contain legibly written data on the dimensions, bearings and all
other details of the lot boundaries.
3.
Drawn by a land surveyor licensed in the State of New Jersey in compliance
with the map filing law (N.J.S.A. 46:23-9.9 et seq.).
4.
Sheet sizes of 30 inches by 42 inches, 24 inches by 36 inches, 15
inches by 21 inches or 8 1/2 inches by 13 inches. If more than
one sheet is required to show the entire subdivision (or section for
which application is made), a separate composite map shall be drawn
showing the entire subdivision on one sheet and the sheets on which
the various sections are shown.
5.
The submission for final plat approval shall show the following,
except that the plat to be filed with the County Recording Officer
need only contain the data required for filing with the County and
all other data may be submitted on separate sheets:
(a)
Signature blocks for the approving authority Chairman, Secretary
and the Municipal Engineer, and other endorsements as required by
law.
(b)
Tract boundary lines based on an actual survey (having an apparent
error of closure of less than 1:10,000) by a land surveyor licensed
to practice in the State of New Jersey; municipal boundary line if
within 200 feet of the tract being subdivided; street names; all lot
lines and other site lines with accurate dimensions, bearing or deflection
angles, and radii, arcs and chord lengths of all curves; minimum building
setback lines; and the area of each lot shown to the nearest square
foot.
(c)
Block and lot numbers in accordance with established standards
and in conformity with the Borough Tax Map as approved by the Borough
Tax Assessor.
6.
The final plat shall be accompanied by the following:
(a)
A copy of the preliminary subdivision plat revised to show all
conditions and changes required by the approving authority at the
time of preliminary approval.
(b)
A certification that applicant is agent or owner of the land
and that the owner has given consent to the subdivision of the land.
(c)
Appropriate local, County and State approvals.
[Ord. #6-1989, § 406.2]
a.
Plat Conformity. No development application shall be accepted unless
submitted in plat form, and no plat, other than an informal plat as
set forth in this chapter, shall be accepted for consideration unless
it conforms to the following requirements as to form, content and
accompanying information. All plats shall be drawn by a licensed professional
engineer, registered land surveyor, registered architect or registered
planner; in accordance with N.J.A.C. 13:27-6, 13:40-7 and 13:41-4.
All drawings of improvements shall bear the signature and seal of
a licensed professional engineer of the State of New Jersey.
b.
Informal Site Plan. The following requirements shall be observed
in an informal site plan plat for review and classification.
1.
Clearly and legibly drawn.
2.
Graphic scale not less than one inch equals 100 feet.
3.
Existing and proposed roadway and building layout, with dimensions,
showing that portion proposed for development in relation to the entire
tract.
4.
Area of original tract.
5.
Basic intent for water supply and sewage disposal.
6.
Contours based on United States Geological Survey datum.
7.
Existing structures and uses, including the location of lot lines.
8.
All setback lines as well as the shortest distance between buildings
and existing lot lines.
9.
All streams, lakes and drainage rights-of-way, including the direction
of flow of all streams, brooks and drainage rights-of-way; the location
of all drainage structures; and the approximate location of flood
hazard areas and floodway lines, steep slopes, wetlands and swamps
based on Soil Conservation Service data.
10.
Existing and proposed rights-of-way and easements within and
adjoining the tract. Proposed access points and parking areas shall
be included on site plans.
11.
The tax map sheet, block and lot number for the tract and for
all adjacent lots; a title including the words "Informal Plat for
Review and Classification"; north arrow; space for the application
number; the date of the original drawing and the date and substance
of each revision.
12.
Zoning district(s), with all zone boundaries with 200 feet of
the tract.
13.
The name, address, signature and phone number of the owner,
developer and person preparing the plat.
14.
A key map with north arrow showing the entire development and
its relation to surrounding areas.
c.
Preliminary Site Plan. The following requirements shall be observed
in preparing a preliminary site plan
1.
Clearly and legibly drawn.
2.
Graphic scale not less than one inch equals 100 feet.
3.
Based on certified boundary survey prepared by a licensed land surveyor.
4.
Sheet sizes of 30 inches by 42 inches, 24 inches by 36 inches, 15
inches by 21 inches or 8 1/2 inches by 13 inches. If more than
one sheet is required to show the entire subdivision, a separate composite
map shall be drawn showing the entire subdivision on one sheet and
the sheets on which the various sections are shown.
5.
Key map with north arrow showing the entire subdivision in relation
to surrounding areas, including the names of principal roads and at
a scale of not less than one inch equals 2,000 feet.
6.
Title block with the name of the subdivision; any development names
previously associated with the application; the name of the municipality;
tax map sheet, block and lot number; date of preparation and of each
revision; graphic scale; the names, addresses, phone numbers and signatures
of the owner, developer and person(s) who prepared the plat(s), including
the embossed seal of the latter; and space for the application number.
7.
The names of all property owners within 200 feet of the extreme limits
of the development as disclosed on the most recent municipal tax records.
8.
Tract acreage to nearest 1/1,000 of an acre.
9.
Existing and proposed contours at two foot intervals. All elevations
shall be related to a bench mark noted on the plan and be based on
United State Geological Survey mean sea level datum.
10.
Location of existing natural features such as United States
Soil Conservation soil types, slopes exceeding 10%, wooded areas,
views within the development and the location of individual trees
outside wooded areas having a diameter of six inches or more as measured
five feet above ground level.
11.
Existing and proposed streams, lakes, ponds and marsh areas
accompanied by:
(a)
Evidence of approval by the New Jersey Department of Environmental
Protection where alterations of these facilities are proposed on the
plan.
(b)
The total upstream acreage in the drainage basin of any watercourse
running through or adjacent to a development. For flowing streams,
small-scale watershed maps developed from United States Geological
Survey sheets shall be submitted.
(c)
The location and extent of all existing and proposed drainage
and conservation easements and flood hazard area and floodway lines.
(d)
The location, extent and water level elevation of all existing
and proposed lakes or ponds within the project and within 300 feet
of the limits of the project.
(e)
Plans and calculations for any storm drainage system.
12.
The names, locations and dimensions, including widths of pavement
and rights-of-way for all roadways within 200 feet of the boundaries
of the development; existing driveways and any connections from proposed
streets or sidewalks to any adjoining streets or sidewalks; and what
off-site extensions, if any, will be made to nearby arterial and collector
streets.
13.
Plans, cross sections, centerline profiles, tentative grades
and details of all proposed and existing streets in the tract and
within 300 feet of the development, together with full information
as to the disposal of surface drainage and including plans and profiles
of streets, storm drains and drainage structures to which surface
drainage from the project runs.
14.
Typical cross section of streets, indicating the type and width
of roadway pavement and the location of curbs, sidewalks, typical
underground utilities, and shade tree planting.
15.
The names, locations, paved widths, right-of-way widths and
purpose(s) of existing and proposed easements, streets and other rights-of-way
in the subdivision.
16.
The location and description of all monuments, existing and
proposed.
17.
All minimum setback lines required by the zoning provisions
of this chapter with dimensions thereof; any municipal boundary line
lying within the tract or within 200 feet of the tract.
18.
Lot and block numbers in accordance with numbers assigned by
the Tax Assessor.
19.
Locations of all existing structures and their uses in the tract
and within 200 feet of the tract, showing existing and proposed front,
side and rear yard setback distances; structures of historic significance
and an indication of all existing structures and uses to be retained
and those to be removed.
20.
Plans and profiles of proposed improvements and utility layouts
(sanitary sewers, erosion control, stormwater runoff control, excavation,
water mains and fire hydrants, streetlights, etc.) showing location,
size, slope and other details as well as feasible connections to any
existing or proposed utility systems.
21.
Zoning district(s) and zone boundary lines, if within 200 feet
of the boundaries of the tract.
22.
An itemization of all improvements to be made to the site in accordance with the standards specified in Article V and such other improvements on-site, off-site, on-tract and off-tract, as the public interest may require, including estimated quantities, sufficient to enable the Borough Engineer to formulate a performance guaranty estimate.
23.
Location of proposed sales office and/or construction office
trailers. The developer shall provide accessibility to the trailers
during development construction activity, and off-street parking shall
be provided for staff and prospective buyers. The trailers shall be
removed prior to the issuance of the Certificate of Occupancy for
the last building on the project site.
d.
Final Site Plan. The final plat shall be the preliminary site plan
containing all revisions, changes and modifications required by the
approving authority and made to conform with requirements of State
or County approvals.
[Ord. #8-2001; Ord. #22-2005]
a.
Certified Boundary Survey. No application or request for variance
relief shall be accepted or deemed complete unless as part of the
submission the applicant submits a certified boundary survey, prepared
by a licensed land surveyor, no more than six months old.
b.
Requests for Increase in Lot Coverage. No application or request
for variance relief that calls for an increase in building coverage
shall be accepted or deemed complete unless the applicant as part
of the submission submits a plot plan setting forth all existing and
proposed structures, all setback lines and distances as well as the
shortest distance between buildings and proposed or existing lot lines.
[Ord. #6-1989, § 407]
The approving authority shall hold a public hearing on each
application for development, except that the approving authority may
waive the required notice and hearing where it finds the application
for development conforms to the definition of "minor site plan" or
"minor subdivision;" unless a variance or conditional use is part
of the application, when waiver of the required notice and hearing
may not be waived.
[Ord. #6-1989, § 407.1]
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.
[Ord. #6-1989, § 407.2]
All notices shall state the date, time and place of the hearing,
the nature of the matters to be considered and an identification of
the property proposed for development by street address, if any, or
by reference to lot and block numbers as shown on the current tax
maps, and the location and times at which any maps and documents are
available for public inspection.
[Ord. #6-1989, § 407.3]
Hearing notices shall be the responsibility of the applicant
and shall be given at least 10 days prior to the date of the hearing.
a.
Public notice shall be given by publication in the official newspaper
of the Borough, if there be one, or in a newspaper of general circulation
in the municipality.
b.
Notice shall be given to the owners of all real property, as shown
on the current tax duplicate, located within 200 feet in all directions
of the property which is the subject of such hearing. Notice shall
be given by either serving a copy thereof on the property owner as
shown on the current tax duplicate, or his agent in charge of the
property, or by mailing a copy thereof by certified mail to the property
owner at his address as shown on the current tax duplicate.
c.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its President,
a Vice President, Secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
d.
Upon written request of an applicant, the administrative officer
shall, within seven days, make and certify a list from the current
tax duplicates of names and address of owners to whom the applicant
is required to give notice. The applicant shall be entitled to rely
upon the information contained in such list, and failure to give notice
to any owner not on the list shall not invalidate any hearing or proceeding.
e.
Notice of hearings on application for development involving property
located within 200 feet of an adjoining municipality shall be given
by personal service or certified mail return receipt to the Clerk
of such municipality.
f.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other County land or situated within 200 feet of a municipal boundary.
g.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
h.
Notice shall be given by personal service or certified mail to the
State Planning Commission of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. The notice
shall include a copy of any maps or documents required to be on file
with the administrative officer.
i.
The applicant shall file an affidavit of proof of service with the
approving authority holding the hearing on the application for development
at least 48 hours prior to the meeting at which the public hearing
is scheduled.
[Ord. #6-1989, § 408.1]
Conditional uses may be granted by the Planning Board according to the requirements of Section 22-607 of this chapter, within 95 days of submission of a complete application by a developer to the administrative officer, or within such farther time as may be consented to by the applicant.
[Ord. #6-1989, § 408.2]
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this chapter. The time period for action by the Planning Board on conditional uses pursuant to subsection 22-408.1 shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval and shall be so accepted by the County Recording Officer for purpose of filing subdivision plats.
[Ord. #6-1989, § 408.3]
In approving a conditional use, a time limit of one year from
the date of the approval shall be set within which the developer shall
secure a building permit, otherwise the approval shall be null and
void. The approving authority may, for good cause shown, extend the
period for securing a building permit for an additional period not
exceeding six months.
[Ord. #6-1989, § 409.1]
No approved final plat shall be signed by the Chairman and Secretary
(or the Vice Chairman or Assistant Secretary in their absence, respectively)
until:
a.
Until all improvements required by Article V of this chapter (on-site, on-tract and off-tract) have been installed and approved by the Borough Engineer and accepted by the governing body and a maintenance guaranty has been filed and accepted by the governing body;
b.
Until the installation of all improvements required by Article V (on-site, on-tract and off-tract) shall have been provided for by a performance guaranty accepted and approved by the governing body; or
c.
Until a maintenance guaranty has been filed and accepted by the governing
body for the portions of the improvement that have been installed
and approved by the Borough Engineer and accepted by the governing
body, and until a performance guaranty has been filed and accepted
by the governing body providing for the satisfactory completion of
the portions of the improvements that have not been installed.
A maintenance guaranty shall not be accepted for any portion
of the improvements not completed and accepted by the governing body;
nor shall any portion of the improvements which has further stages
of work or which will require alteration or reworking due to the installation
of other improvements, be approved by the Borough Engineer for acceptance
by the governing body. Any improvements that have been installed prior
to granting final plat approval, that do not meet required standards,
shall be added to the performance guaranty.
[Ord. #6-1989, § 409.2]
The Borough Engineer shall prepare an estimate of cost of the improvements required in Article V of this chapter, and shall determine the amount of the performance guaranty and the engineering inspection fee deposit. The approving authority may direct the Borough Engineer to update the estimates as required.
[Ord. #6-1989, § 409.3]
The applicant shall submit the performance guaranty required
as a condition of granting final approval to the Borough Engineer
and Borough Attorney for review and then to the governing body for
approval and acceptance by resolution. Final plat approval may be
made by the approving authority prior to the submission of the performance
guaranty accepted and approved by the governing body, provided that
the Chairman and Secretary (or the Vice-Chairman or Assistant Secretary
in their absence, respectively) shall not sign the approved plans
until such time as the performance guaranties have been submitted
to the approving authority.
[Ord. #6-1989, § 409.4]
a.
The total performance guaranty shall equal 120% of the estimated cost of improvements not completed as determined by the Borough Engineer, plus an amount equal to 15% of the cost of improvements installed as provided in subsection 22-409.1 of this chapter; provided, however, that the total performance guaranty amount shall not be less than 30% of the total performance guaranty amount that would have been required if no improvements had been completed.
b.
Not less than 10% of the performance guaranty shall be in the form of a certified check or bank money order; and the balance in the form of a certified check, bank money order or surety bond of a bonding company licensed to do business in the State of New Jersey and approved by the governing body. All moneys posted by the applicant shall be held in escrow as provided for in Section 22-813 of this chapter.
c.
In the event of default, then 10% cash portion of the performance
guaranty shall be first applied to complete the requirements; and
the cash or surety bond shall thereafter be resorted to, if necessary.
d.
The Borough Engineer's certification that the principal has satisfactorily
completed required improvements or has defaulted in meeting the conditions
of approval or the required standards of construction shall be the
basis for governing body action when considering acceptance or rejection
of improvements.
[Ord. #6-1989, § 409.5]
The Borough Clerk shall immediately notify the approving authority
and the Borough Engineer when the performance guarantee has been approved
by the governing body.
[Ord. #6-1989, § 410.1]
Prior to beginning construction, the developer shall arrange
for a preconstruction conference between the developer, contractor(s)
and Borough Engineer. The Borough Engineer shall be notified at least
five days in advance of the start of construction.
[Ord. #6-1989, § 410.2]
The cost of inspection shall be the responsibility of the developer who shall deposit with the Borough Clerk a certified check or bank money order a fee for engineering inspection of the improvements. The fee shall be in addition to the amount of the performance guaranty and all application fees and shall be deposited prior to the start of any improvements. Upon completion of the development and all inspections, the developer shall receive an accounting of the expended funds. Any unexpended funds shall be returned to the developer. Should the initial deposit be insufficient to cover inspections and costs, the developer shall deposit additional sums upon notice of the Borough Clerk, each additional deposit being an amount not to exceed 1/2 of the initial deposit amount. (See Section 22-813)
The initial deposit shall be:
|
Estimated Construction Cost
|
Initial Deposit
|
|---|---|
|
Under $5,000
|
$350
|
|
$5,000 - $10,000
|
$350 + 5% of excess over $5,000
|
|
$10,000 - $50,000
|
$600 + 4 1/2% of excess over $10,000
|
|
$50,000 - $75,000
|
$2,400 + 4% of excess over $50,000
|
|
$75,000 - $100,000
|
$3,400 + 3 1/2% of excess over $75,000
|
|
Over $100,000
|
$4,275 + 3% of excess over $100,000
|
[Ord. #6-1989, § 410.3]
No work shall be done without permission from and inspection
by the Borough Engineer. No underground installations shall be covered
until inspected and approved. The Borough Engineer's office shall
be notified prior to the commencement of the following phases of work:
road subgrade; sanitary sewer; water main; curb and gutter forms;
curbs and gutters; sidewalk; road paving (each course); drainage facilities;
shade trees and planting strips; street name signs and monuments.
[Ord. #6-1989, § 410.4]
Utility installations installed by the utility companies shall
be subject to inspection of backfilling and surface restoration only.
[Ord. #6-1989, § 410.5]
Occupancy permits will be issued only after the Borough Engineer
shall advise the Construction Official that curbs, utilities, functioning
water supply; sewage disposal facilities; necessary storm drainage
of the lot and surrounding land; rough grading of the lots; soil stabilization;
base course for the street and driveway; and sidewalks are installed
to serve the lot and structure for which the permit is requested;
and that reasonable and safe access to the lot and structure has been
provided. Streets shall not receive the surface course until all heavy
construction has been completed. Planting of shade trees and grass
seed shall not be delayed beyond one planting season after occupancy
of the lot or structure.
[Ord. #6-1989, § 410.6]
Inspections made by the Borough Engineer shall not subject the
Borough to claims, suits or liability of any kind that may arise because
of defects of negligence, it being recognized that the responsibility
to provide proper utilities and improvements and to maintain safe
conditions for workmen and the general public at all times on all
parts of the tract is upon the developer and his contractors and subcontractors,
if any.
[Ord. #6-1989, § 410.7]
The time allowed for installation of the improvements for which
the performance guaranty has been provided may be extended by the
governing body by resolution. As a condition or as part of any such
extension, the amount of any performance guaranty shall be increased
or reduced, as the case may be, to an amount not to exceed 120% of
the cost of installation as determined as of the time of the passage
of the resolution.
[Ord. #6-1989, § 410.8]
Upon substantial completion of all required appurtenant utility
improvements, and the connection of same to the public system, the
obligor may notify the governing body in writing, by certified mail
addressed in care of the Borough Clerk of completion or substantial
completion of improvements and shall send a copy thereof to the Borough
Engineer. The Borough Engineer's copy shall be accompanied by two
copies of plans and profiles revised to show "as built" conditions
of the improvements. Thereupon the Borough Engineer shall inspect
all improvements of which such notice has been given and shall file,
within 30 days of receiving such notice, a detailed report, in writing,
with the governing body, indicating either approval, partial approval
or rejection of such improvements with a statement of reasons for
any rejection. The cost of the improvement as approved or rejected
shall be set forth.
[Ord. #6-1989, § 410.9]
The governing body shall either approve, partially approve or
reject the improvements and shall notify the obligor by certified
mail of the contents of the Borough Engineer's report and the action
of the governing body with relation thereto, not later than 65 days
after receipt of the notice from the obligor of the completion of
the improvements. Where partial approval is granted, the obligor shall
be released from all liability pursuant to its performance guaranty,
except for that portion adequately sufficient to secure completion
of the improvements not yet approved; provided that 30% of the amount
of the performance guaranty posted shall be retained to ensure completion
of all improvements. Failure of the governing body to send or provide
such notification to the obligor within 65 days shall be deemed to
constitute approval of the improvements and the obligor and surety,
if any, shall be released from all liability, pursuant to such performance
guaranty for such improvements.
[Ord. #6-1989, § 410.10]
If any portion of the required improvements are rejected, the
approving authority may require the obligor to complete such improvements
and, upon completion, the same procedure of notification, as set forth
in this section shall be followed.
[Ord. #6-1989, §§ 411.1, 411.2]
No improvement shall be accepted by the governing body unless
and until all of the following conditions have been met:
a.
The Borough Engineer shall have certified in writing that all the
improvements have been completed and that they comply fully with the
requirements of this chapter and of other applicable local ordinances.
b.
The developer has provided a maintenance guaranty to the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement. Not less than 10% of the maintenance guaranty shall be in the form of a certified check or bank money order; and the balance in the form of a certified check, bank money order or surety bond of a bonding company licensed to do business in the State of New Jersey and approved by the governing body. All moneys posted by the applicant shall be held in escrow as provided for in Section 22-813 of this chapter.
[Ord. #6-1989, § 411.3]
To obtain release of the maintenance guaranty, the developer
shall, after all required maintenance has been completed, apply to
the governing body in writing, by certified mail, with a copy to the
Borough Engineer, for final inspection of the improvements. The Borough
Engineer shall, within 30 days of receipt of the request for inspection,
report in writing to the governing body, indicating either approval,
partial approval or rejection of the improvements with a statement
of reasons for any rejection. The governing body shall either approve
or reject the improvements and release the maintenance guaranty or
reduce the amount of the maintenance guaranty, following the same
procedures as for performance guaranties.
[Ord. #6-1989, § 412]
A sufficient number of prints of the approved development plans
shall be furnished by the developer (or at the developer's expense)
to allow for distribution of signed copies to the Borough Clerk, Borough
Engineer, Building Official, Tax Assessor, Secretary of the approving
authority and the applicant.
[Ord. No. 2017-07 § 1]
When minor changes to a site plan plat are proposed, the Planning
Board may waive the process of a site plan review. This review can
be waived when the Planning Board deems the proposed site work to
be minor or insignificant in nature or effect.
a.
Filing Procedure; Waiver Fee. The following are required to request
a site plan waiver:
b.
Action of the Approving Authority. The Planning Board shall review
the request. If the Planning Board determines the site plan changes(s)
are minor and insignificant in nature or effect and do not require
a site plan review, the Planning Board may approve the site plan changes.
If the Planning Board determines that the changes are not minor, the
Planning Board may deny the waiver and request that a complete site
plan application be submitted.
c.
Denial of Waiver, Application of Waiver Fee to Site Plan Application.
The waiver fee shall be applied to the submission of the complete
site plan application if the waiver is denied by the Planning Board.
[Ord. No. 2017-07 § 1]
 |
[Ord. No. 2017-07 § 1]
|
REQUEST FOR WAIVER OF SITE PLAN CHECKLIST
|
Checklist for Applicants - Required:
1.
Ten copies of the Request for Waiver of Site Plan.
2.
Ten copies of the Minor Site Plan.
3.
Change(s) to facade: 10 copies of elevations.
4.
Change(s) to sign(s): drawing of sign.
5.
Change to parking area: the Planning Board may require a review of
the system for stormwater management including drainage calculations
prepared by a Registered Professional Engineer.
6.
Proof of Ownership; if not the owner, documentation of owner's consent.
7.
Proof that all taxes due the Borough of Spring Lake Heights are paid
to date.
8.
Any other documents as may be required by the Planning Board.
9.
A check for $750 payable to the Borough of Spring Lake Heights.
