A. 
Any owner of lands within the Borough or his legally constituted agent shall, prior to subdividing or resubdividing such lands, submit to the Secretary of the Planning Board through the Borough Clerk's office, at least two weeks prior to its next regular meeting, a sketch plat of the proposed subdivision, conforming to the requirements of this chapter, for the purpose of classification and preliminary discussion, together with an application form properly filled out in triplicate on forms to be furnished by the Planning Board. In cases of minor subdivisions, the applicant may at the same time submit his final plat for simultaneous consideration. A copy shall at the same time likewise be submitted to the Secretary of the Board of Health.
B. 
The Board of Health shall, within 10 days, inform the Planning Board as to its approval or disapproval of the existing or proposed facilities for water supply and sewage disposal for the lands involved. If disapproved, the plat shall be processed as a major subdivision.
C. 
The Subdivision Committee of the Planning Board shall classify the plat as involving either a major or a minor subdivision.
D. 
The Subdivision Committee may, in acting upon minor subdivisions, waive full notice of hearing requirements. The Subdivision Committee may then hold such hearing without the presence of the remaining members of the Planning Board. At the hearing, the Subdivision Committee may consider the sketch plat and the final plat simultaneously, and no preliminary plat shall be required on minor subdivisions unless required due to special circumstances.
E. 
The Subdivision Committee shall certify that it has by unanimous vote found no cause for review by the entire Board and no cause for unfavorable action and that the application constitutes a minor subdivision under this chapter and that it has been approved by the County Planning Board.
F. 
If approved, the Planning Board Chairman shall date and sign the sketch plat and final plat of the minor subdivision and return them to the applicant; provided, however, that he shall first furnish to the Borough Clerk eight copies thereof and pay a fee of $100 to the Borough for filing thereof. Where the Subdivision Committee approves a minor subdivision, such approval shall remain valid for 190 days from the date of approval. [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
The Borough Clerk shall file copies of the sketch plat and final plat, duly endorsed, with the following:
(1) 
Borough Clerk.
(2) 
Borough Engineer.
(3) 
Building Inspector.
(4) 
Tax Assessor.
(5) 
Secretary of Planning Board.
(6) 
County Planning Board.
(7) 
Borough Attorney.
(8) 
Secretary of Board of Health.
H. 
In all cases where the action of the Subdivision Committee is not unanimous or where the determination is unfavorable, the application shall be referred to the entire Board for hearing and action.
I. 
In all cases where the Subdivision Committee determines the plat to be a major subdivision, a notation to that effect shall be made upon the plat, and it shall be returned by the Secretary to the applicant for compliance with the procedure set forth in §§ 234-24 and 234-25.
A. 
The following fees shall be paid to the Borough by the applicant or developer at the time of filing or submission to the Planning Board of any matters within the jurisdiction of this chapter. All fees paid hereunder shall be received as general revenue and represent the reasonable and average cost to the Borough for expenses, both direct and indirect, occasioned by the review and appraisal of plans, processing of applications, examinations of maps, profiles or other instruments of design, preparation of developers' agreements or other legal fees, inspection of engineering matters, other engineering expense and, in general, for all costs in conjunction with the administration and enforcement of this chapter. The specific fees shall be as hereinafter enumerated:
(1) 
Standard fees.
(a) 
Sketch plat or a minor subdivision or redivision map: $100. [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
Preliminary plat map or major subdivision or redivision of three lots of 10 acres or less: $200.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Also, former Subsection A(1)(c), regarding lots over 10 acres, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c) 
Final plat map: $25 for each subsection of a preliminary plat map.
(2) 
Variable fees. In addition to the fees applicable under Subsection A(l), the developer shall be charged variable fees as follows:
(a) 
Final plat map: $5 per lot, plus a sum equal to 5% of the estimated cost of improvements, which estimate shall be determined by the Borough Engineer and incorporated in any developers' agreements required by this chapter.
(b) 
Any special or extraordinary charges determined by resolution of the Mayor and Council of the Borough upon recommendation by the Planning Board.
(3) 
Miscellaneous charges. In addition to the fixed and variable fees enumerated in Subsections A(l) and A(2), the developer shall bear the cost of:
(a) 
Any premiums for performance bonds required by this chapter.
(b) 
Any premiums for maintenance bonds required by this chapter.
(c) 
Cash deposits accepted in lieu of bonds.
(d) 
A specific cash bond deposit in the sum of $250 for each stone monument to ensure installation thereof after final grading has been completed.
[Amended 1-1-1989 by Ord. No. 88-26-1003]
(e) 
A cash deposit of applicable filing fees for the county in accordance with statutory rates in effect at the time such filing is required.
B. 
All such miscellaneous charges, if deposited in cash, shall be processed by the Borough Treasurer through the trust account of the Borough, with disbursements being made therefrom upon standard voucher. Any surplus remaining to the credit of any particular developer shall be refunded by authority of a resolution adopted by the Mayor and Council at the time such improvements in conjunction with such developer have been approved or accepted by the municipality.
A. 
At least 10 black on white prints of the preliminary plat, together with three properly filled out application forms for preliminary approval, shall be submitted to the Borough Clerk, including the necessary fees as provided herein, at least two weeks prior to the Planning Board meeting at which consideration is desired. At the time of filing, a fee of $200 shall be paid to the Borough Clerk to cover the costs of the hearing. The Borough Clerk shall immediately notify the Secretary of the Planning Board upon receipt of a preliminary plat. [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The applicant shall notify, by registered or certified mail, at least five days prior to the hearing, all owners of property within 200 feet of the boundary of the subject property in all directions as their names appear on the municipal tax records. Such notice shall state the time and place of hearing, a brief description of the subdivision and that a copy of the subdivision plat has been filed with the Borough Clerk for public inspection. The applicant shall also cause notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the municipality at least 10 days prior to the hearing. The applicant shall furnish the list of property owners, proof of publication and mailing, as required herein, at or prior to the hearing to the Secretary of the Board.
C. 
Copies of the preliminary plat, application and other data shall be forwarded by the Borough Clerk, prior to the hearing, to the following persons:
(1) 
Secretary of County Planning Board.
(2) 
Borough Engineer.
(3) 
Secretary of Board of Health.
(4) 
Such other municipal, county or state officials or other agency as directed by the Planning Board.
D. 
The County Planning Board shall submit its report on the proposed subdivision within 30 days after the application is referred to it. Failure of the county to report within said time period shall be deemed approval. In all cases, the recommendations of the County Board shall be given careful consideration in the final decision of the Planning Board. If the County Planning Board has approval authority pursuant to N.J.S.A. 40:27-6.3, its action shall be noted on the plat, and if disapproved, two copies of the reasons for disapproval shall be returned with the plat. If either the Planning Board or County Planning Board disapprove a plat, the reasons for disapproval shall be remedied prior to further consideration. Preliminary approval or disapproval may be applicable to the entire subdivision or any part thereof and may include any limiting conditions applicable thereto.
E. 
During the twenty-day period after the filing of the application, the Board of Health shall likewise submit a report on the proposed subdivision. If Sanitation Classes S-2 or S-3 are involved, copies of the application, maps and other data, including a site plan, shall also be submitted and copies thereof submitted to the Secretary of the Board of Health at the same time the application is made.
F. 
The hearing shall be held no less than 10 nor more than 40 days after submission of the application to the Borough Clerk.
G. 
At the hearing, the Planning Board shall take into consideration all information and factors of which it may have knowledge, as well as all information elicited from the application, preliminary plat and from the testimony.
H. 
Preliminary plan review. Within 45 days of the submission to the Planning Board Secretary of a complete subdivision application for 10 lots or less or within 95 days of submission of a complete application for a subdivision of more than 10 lots or within such further time as may be agreed upon by the developer, the Planning Board shall act upon the application. Failure to act within such time period shall be deemed preliminary approval.
I. 
Planning Board variances in lieu of Board of Adjustment. The Planning Board, when reviewing applications for subdivisions, shall have the power to grant, to the same extent and subject to the same restrictions as the Board of Adjustment, variances from lot and bulk area, as well as off-street parking and loading requirements, provided that relief pursuant to this subsection shall not be granted on more than one lot. Said variances shall be granted where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property. The variance granted from such strict application of such regulation shall relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use.
J. 
If the Planning Board acts favorably on a preliminary plat application, a notation to that effect shall be made and it shall be forwarded to the applicant. If the application is not approved, the applicant shall be informed in writing, with the reasons thereof, within 10 days of the Board's decision.
K. 
Such preliminary approval shall carry with it the following rights and obligations for a three-year period from the date of preliminary approval:
(1) 
That the general terms and conditions under which the preliminary approval was granted will 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; provided, however, that subsequent approval of a final plat based thereon may be denied, either in whole or in part, in cases where it appears that conditions detrimental to public health will or may subsequently result.
(2) 
That the applicant may submit on or before the expiration date the whole or part or parts of the plat for final approval.
(3) 
That the applicant will comply with all conditions pertaining to the preliminary approval.
(4) 
That the applicant will record in the Bergen County Clerk's office all finally approved plats within 90 days after such final approval.
(5) 
That such preliminary approval shall not be deemed to waive the requirements of any Health Ordinance or requirements of the local Board of Health.
(6) 
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 may govern.
L. 
In the case of a subdivision for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections K(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units permissible under preliminary approval and potential number of dwelling units and nonresidential floor area of the section or sections 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.
The Planning Board may grant a rehearing on any application which has previously been denied, provided that the notice and publication required for the original hearing have again been given and a rehearing fee of $100 paid.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Before consideration of a final subdivision plat, the subdivider shall install all of the improvements required under Article IV of this chapter. The Planning Board shall, in the alternative, require the posting of adequate performance guaranties for improvements and fees to assure the Borough of the completion of the improvements within a fixed period of time prior to such final consideration. A builders' agreement shall be entered into between the owner and subdivider and the Borough. Such agreement shall specifically detail all items of public improvements to be performed, the amounts of bonds and fees to be furnished and all other items as agreed and stipulated between the owner and subdivider and the Planning Board of the Borough. Such agreement shall be prepared by the Borough Attorney.
B. 
The Planning Board shall require an agreed program of installation of the requisite utilities and improvements, wherein streets will not be paved until all heavy construction is completed and utilities are installed. The timing and procedure shall be outlined to the subdivider in each case, and he shall adhere thereto.
C. 
The Planning Board may, in cases involving building construction, require satisfactory proof that suitable provisions have been made to protect the foundations, walls and basements of the proposed buildings from water seepage and leakage into the same. It may likewise require guaranties to rectify any such seepage and leakage by the builder for a period of one year after issuance of the certificate of occupancy of such building.
D. 
In order to prevent premature occupancy of dwelling houses, no certificate of occupancy shall be issued by the Building Inspector unless and until all street improvements have been completed and so certified by the Borough Engineer and the necessary Board of Health certificates have been obtained.
As a condition for approval of a subdivision, the Planning Board may require an applicant to pay his pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such improvements shall be based on the circulation and comprehensive utility service plans of the Borough-adopted Master Plan as required by N.J.S.A. 40:55D-42 and 40:55D-28. The proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related and common area shall be computed by the Borough Engineer or such other persons as requested by the Planning Board according to the following formulas. Where an applicant pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
A. 
The final plat, conforming to the requirements of this chapter and any limiting conditions imposed in the preliminary approval of the preliminary plat, shall be submitted to the Borough Clerk for forwarding to the Planning Board for final approval within three years from the date of preliminary approval. The Borough Clerk shall immediately notify the Secretary of the Planning Board upon receipt of a final plat, and the Planning Board shall act upon the final plat within 45 days after the date of submission for final approval to the Borough Clerk.
B. 
The original tracing, one translucent tracing cloth copy, two cloth prints, four black-on-white prints and three copies of the application form for final approval shall be submitted to the Secretary of the Planning Board through the Borough Clerk's office at least five days prior to the date of a regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board.
C. 
The final plat shall be accompanied by a statement by the Borough Engineer that he is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed, and that the subdivider has complied with one or both of the following:
(1) 
Installed all improvements in accordance with the requirements of these regulations; or
(2) 
A performance guaranty has been posted with the Borough Clerk, approved by the Borough Attorney, in sufficient amount to assure the completion of all required improvements. The amount of the bond is to be established by the Borough Engineer.
D. 
Any plat which requires County Planning Board approval, pursuant to N.J.S.A. 40:27-6.3, shall be forwarded to the County Planning Board by the Borough Clerk for its action prior to final approval.
E. 
The Planning Board need not hold a public hearing on applications for final approval but shall determine that all conditions and requirements of the preliminary approval have been complied with, performance guaranties furnished, if required, that no adverse changes in conditions have occurred since the prior hearing and, in general, that the project is in satisfactory condition for final approval.
F. 
Failure of the Planning Board to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval, and the Borough Clerk shall issue a certificate to that effect unless the County Planning Board or other agency has disapproved the application.
G. 
Effect on final approval. Such final approval shall carry with it the following rights and obligations for a two-year period from the date of final approval: The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the applicant pursuant to § 234-24K of these regulations, 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 for herein. If the applicant has followed all standards prescribed for final approval and has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one year up to a maximum of three such extensions. The granting of final approval terminates the time period of preliminary approval pursuant to § 234-24K of these regulations.
H. 
Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:
(1) 
Borough Clerk.
(2) 
Borough Engineer.
(3) 
Building Inspector.
(4) 
Tax Assessor.
(5) 
County Planning Board.
(6) 
Secretary of the Planning Board.
(7) 
Secretary of the Board of Health.
I. 
The final plat, after final approval, shall be filed by the subdivider with the county recording officer within 95 days from the date of such approval or 190 days in the case of a minor subdivision. If any final plat is not filed within this period, the approval shall expire. [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
J. 
Approval of the final plat by the Planning Board shall not in any case be taken to imply that building or other permits will be granted where Sanitation Classes S-2 or S-3 are involved and Board of Health requirements are not to be satisfied.