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 amount of any fees for such an informal review
shall be a credit towards fees for review of the 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.
An application for development shall be complete
for purposes of commencing the applicable time period for action by
a municipal agency when so certified by the municipal agency or its
authorized administrative officer. In the event that the municipal
agency or its authorized administrative officer 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
forty-five-day period for purposes of commencing the applicable time
period unless:
A. The application lacks information indicated on a checklist
adopted by ordinance and provided to the applicant, and the municipal
agency or its authorized administrative officer has notified the applicant
in writing of the deficiencies in the application within 45 days of
submission of the application.
B. The applicant shall obtain all necessary forms from
the Secretary of the Planning Board and shall submit the following
in connection with an application for development 21 days before the
hearing date.
(1) Fifteen copies of the application form completed as
required.
[Amended 10-17-2006 by Ord. No. 33-2006]
(2) Fifteen copies of the site plan, subdivision plan
or subdivision plats as required.
[Amended 10-17-2006 by Ord. No. 33-2006]
(3) Applicant's affidavit of ownership of the property
in question or his interest in the property in question.
(4) One of the following:
(a)
A letter of interpretation from the NJDEP indicating
the absence of freshwater wetlands or indicating the presence and
verifying delineation of the boundaries of freshwater wetlands; or
(b)
A letter of exemption from the NJDEP certifying
that the proposed activity is exempt from the Freshwater Wetlands
Protection Act and regulations promulgated thereunder; or
(c)
A copy of any application made to the NJDEP
for any permit concerning a proposed regulated activity in or around
freshwater wetlands.
(5) If the applicant is a corporation or partnership,
a complete list of the names and addresses of all shareholders or
partners owning at least a ten-percent interest in the company as
required by N.J.S.A. 40:55D-48.1 et seq.
(6) Number of witnesses and their expertise, if any.
(7) Certification that all real estate taxes and assessments
currently due have been paid.
(8) A receipt indicating that all fees due under this
chapter have been paid.
C. The applicant may request that one or more of the
submission requirements be waived, in which event the municipal agency
or its authorized administrative officer shall grant or deny the request
within 45 days. The applicant shall set forth the reason why the waiver
is requested.
D. 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.
No development application shall be accepted
for consideration unless it conforms to the requirements as set forth
herein as to form, content and accompanying information. All plats
shall be drawn by a New Jersey licensed land surveyor and shall bear
the signature, seal, license number and address of the surveyor and
comply with the Map Filing Law. All drawings of improvements shall be signed and sealed
by a professional engineer licensed to practice within the State of
New Jersey.
A. Minor subdivision plat details. The plat shall be
clearly and legibly drawn and shall be based on Tax Map information
or some other similarly accurate base, at a suitable scale to enable
the entire tract to be shown on one sheet, and shall show or include
the following information:
(1) A key map with North arrow showing the entire development
and its relation to surrounding areas at a scale of not less than
one inch equals 2,000 feet.
(2) The Tax Map sheet, block and lot numbers for the tract
and all adjacent lots, title, graphic scale, date of original drawing
and the date and substance of each revision.
(3) Name and address of the owner, subdivider and person
preparing the plat. If the owner is not the applicant, then the interest
of the applicant and the owner's signed consent to the filing of the
application.
(4) The names of all adjoining property owners as disclosed
by the most recent City tax records.
(5) The signature and seal of a licensed land surveyor.
(6) The classification of the zoning district in which
the proposed subdivision is located. If the property lies in more
than one zoning district, the plat shall indicate all the zoning district
boundary lines. All front, side and rear setback lines shall be shown
conforming to this chapter.
(7) The legal description and street address, if any,
of the subject property, its entire acreage and the acreage of the
area(s) being subdivided.
(8) All existing and proposed lot lines and any existing
lot lines to be eliminated with the lines certified by a New Jersey
licensed land surveyor.
(9) All existing structures, uses and wooded areas within
the portion to be subdivided and within 200 feet of the subject property;
also, any isolated trees with a diameter of eight inches or more measured
three feet above the ground level on the property involved.
(10) All streams, lakes and drainage rights-of-way within
the limits of the tract(s) being subdivided and within 200 feet thereof,
including the location, width and direction of flow of all streams,
brooks and drainage rights-of-way; the location and dimensions of
all drainage structures; existing features to be removed or relocated;
flood hazard area and floodway lines, steep slopes, wetlands and swamps.
(11) All existing and proposed streets, roads, easements
and rights of-way within and adjoining the proposed subdivision, with
existing right-of-way widths clearly indicated and as proposed in
the City Master Plan. Existing driveways, street names, sight triangles
and purpose of any easements shall be shown. Copies of the text of
any deed restrictions shall be provided when requested by the approval
authority.
(12) The location and width of all existing and proposed
utility easements in the area to be subdivided.
(13) The shortest distance between any existing building
and other structures or a proposed or existing lot line.
(14) The location of any existing or proposed open space
or recreation area.
(15) A
limits of disturbance plan showing the construction line for all building,
parking and vehicular use areas, all stormwater retention areas, and
areas of required cut and fill.
[Added 8-3-2010 by Ord. No. 14-2010]
B. Minor site plan.
(1) For purposes of determining site plan details required
to be shown, a site plan will be deemed a minor site plan when it
involves any lots not abutting an arterial or collector road or street
as shown on the City Master Plan and where:
(a)
A proposed building or use or a specific lot(s) which conforms to the maximum and minimum building standards as set forth in this chapter will not require more than five off-street parking spaces as required by §
30-137 and is not subject to the provisions of Article
XVIII of this chapter; or
(b)
The proposed expansion or alteration of an existing building or use on a specific lot(s) will not result in additional lot coverage in excess of 10% of the existing coverage, will conform to the maximum and minimum building standards as set forth in this chapter, and will not increase the number of off-street parking spaces by more than five or eliminate existing required parking spaces and said building or use is not subject to the requirements of Article
XVIII of this chapter.
(2) Minor site plan details. A minor site plan shall include the same data as required in §
30-45A except that the graphic scale shall not be less than 50 feet to the inch. All distances shall be in decimals of a foot, and all bearings shall be given to the nearest 10 seconds. The error of closure shall not exceed one in 10,000. In addition to the aforementioned data required, the site plan shall also show:
(a)
Existing schools, special districts and areas
proposed for dedication for public use.
(b)
Location of all proposed buildings and all other
structures, such as but not limited to walls, fences, culverts, bridges
and sidewalks, with spot elevations of such structures.
(c)
The proposed use or uses of land and buildings
and the location of proposed buildings or individual sites, such as
in the case of campgrounds, including proposed grades.
(d)
The location and design of any off-street parking
and loading areas, showing size and locations of bays, aisles and
barriers and the number of parking and loading spaces.
(e)
All buffered and landscaped areas and means
of vehicle access and egress existing and proposed for the site, showing
the size and location of driveways and curb openings.
(f)
The square footage of each building, total number
of employees and of the employees in the largest working shift and
where applicable, seating capacity of the structure(s).
(g)
If a sign or signs are to be erected, attached or otherwise located on the site, the site plan shall be accompanied by additional details and information as provided in §
30-45G.
(h)
If the applicant is a corporation or partnership,
a list of 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 a disclosure as set
forth above, the corporation or partnership shall list the names and
addresses of its stockholders holding 10% or more of its stock or
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 the ownership
criterion of 10% as set forth in N.J.S.A. 40:55D-1 et seq. have been
listed.
(i) A limits of disturbance plan showing the construction line for all
building, parking and vehicular use areas, all stormwater retention
areas, and areas of required cut and fill.
[Added 8-3-2010 by Ord. No. 14-2010]
C. Preliminary subdivision plat. The preliminary plat shall be clearly and accurately drawn or reproduced at a suitable scale. Preliminary plats shall be designed in accordance with the provisions of Article
XVIII of this chapter and shall show or be accompanied by the following information:
(1) The plat shall have a graphic scale of not less than
one inch equals 100 feet and be based on a certified boundary survey
and drawn by a land surveyor licensed in New Jersey with design and
improvements drawn by a professional engineer also licensed to practice
in New Jersey. Sheet size shall be 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
and the sheets on which the various sections thereof are shown.
(2) The plat shall have a 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.
(3) 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 numbers; date of preparation and most recent revision; meridian, graphic scale; the names, addresses, phone numbers and signatures of the owner, subdivider and person(s) who prepared the plat(s), including the seal(s) of the latter. If the subdivider is not the owner, of the subject property, the plat shall be accompanied by a statement indicating the interest of the applicant. If the applicant is a corporation or partnership, said corporation or partnership 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. Listing shall be in accordance with the provisions of §
30-45B(2)(h).
(4) The names of property owners within 200 feet of the
extreme limits of the subdivision as disclosed on the most recent
municipal tax records.
(5) Tract acreage to the nearest 0.001 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.
(6) Existing and proposed contours at two-foot intervals.
All elevations shall be related to a bench mark noted on the plan
and wherever possible shall be based on USGS mean sea level datum
or approved local datum. Contours should show existing ground elevations
and proposed elevations in any area to be regraded.
(7) The natural features map shall delineate natural tree
cover by a circumferential line around all stands of trees with similar
characteristics such as the type or species based on the outer perimeter
of the dripline of the individual trees. Specific locations of specimen
trees which are healthy and have a diameter at breast height of 24
inches or greater or are otherwise noteworthy because of species,
age, size, or other exceptional quality such as rarity, uniqueness
or status as landmark or species specimen shall be noted on the natural
features map.
[Amended 8-3-2010 by Ord. No. 14-2010]
(8) Existing and proposed streams, lakes, ponds, and marsh
areas accompanied by the following data:
(a)
When a running stream with a drainage area of
1/2 square mile or greater is proposed for alteration, improvement
or relocation, or when a structure or fill is proposed over, under,
in or along such running stream, evidence of approval, required alteration,
lack of jurisdiction or denial of the improvement by the New Jersey
Division of Water Policy and Supply shall accompany the plat.
(b)
Cross sections and profiles of watercourses
at an appropriate scale showing the extent of the flood fringe area,
top of bank, normal water level and bottom elevations at the following
locations:
[1]
All watercourses within or adjacent to the development
and at any point where a watercourse crosses a boundary of the development
(profile and cross-section).
[2]
At fifty-foot intervals for a distance of 300
feet upstream and downstream of any existing or proposed culvert or
bridge within the development (cross section).
[3]
At a maximum of one-hundred-foot intervals,
but at no less than two locations, along each watercourse which runs
through or adjacent to the development (cross section).
[4]
When ditches, streams, brooks or watercourses
are to be altered, improved or relocated, the method of stabilizing
slopes and measures to control erosion and siltation during construction
as well as typical ditch sections and profiles shall be shown on the
plan or accompany it.
(c)
The total upstream acreage in the drainage basin
of any watercourse running through or adjacent to a development, for
the flowing streams, small-scale watershed maps developed from the
USGS sheets shall be submitted.
(d)
The total acreage in the drainage basin to the
nearest downstream drainage structure and the acreage in that portion
of the development which drains to the structure.
(e)
The location and extent of all existing and
proposed drainage and conservation easements and flood hazard area
and floodway lines.
(f)
The location, extent and water level elevation
of all existing or proposed lakes or ponds on or within 300 feet of
the development.
(g)
Plans and computations for any storm drainage
systems, including the following:
[1]
All existing and proposed stormwater sewer lines
within or in lands or roads adjacent to the development and for all
required off-site and off-tract drainage improvements showing size,
profile and slope of lines, direction of flow and the location of
each catch basin, inlet, manhole, culvert and headwall.
[2]
The location and extent of any proposed dry
wells, groundwater recharge basins, retention basins, flood control
devices, sedimentation basins, or other water conservation devices.
(9) The names, locations and dimensions, including cartway
and right-of-way widths, of all existing streets within a distance
of 200 feet of the boundaries of the development, existing driveways
and any connections from proposed streets, sidewalks and bike routes
in the development to any adjoining street(s), sidewalk(s) or bike
route(s) and what off-site extensions, if any, will be made to nearby
arterial and collector streets as those streets are shown on the adopted
Master Plan.
(10) Plans, cross sections, center-line profiles, tentative
grades and details of all proposed and existing streets in the tract
and within 300 feet of the subdivision based on the United States
Geological Survey datum, together with full information as to the
disposal of surface runoff, including plans, cross sections and profiles
of streets, storm drains and drainage structures. Typical street cross
sections shall indicate the type and width of pavement and the location
of curbs, sidewalks, bike routes, typical underground utilities and
shade tree planting. At intersections, the sight triangles, radii
of curblines, crosswalks and street sign locations shall be shown.
Final street naming may be deferred. For streets where curbs and/or
sidewalks are to be provided, separate curb and sidewalk profiles
shall be required at street intersections.
(11) The names, locations, paved widths, right-of-way widths
and purpose(s) of existing and proposed easements, driveways and other
rights-of-way in the proposed subdivision. The text of any deed restrictions
shall accompany the plat.
(12) The location and description of all easements, existing
and tentatively proposed.
(13) All proposed lot lines, and all existing lot lines
to remain and those to be eliminated. All setback lines required by
this chapter with the dimensions thereof and any municipal boundary
line where the boundary is within the tract or within 200 feet of
the tract. Any lot(s) to be reserved or dedicated to public use shall
be identified. Each block shall be numbered, and the lots within each
block shall be numbered consecutively beginning with the number one.
(14) Locations of all existing structures and their use(s)
in the tract and within 200 feet thereof, showing existing and proposed
front, side and rear yard setback distances, structures of potential
historic significance and an indication of all existing structures
and uses to be retained and those to be removed.
(15) Plans and profiles of proposed improvements and utility
layouts (sanitary sewers, storm sewers, erosion control, excavation,
etc.) showing location, size, slope, pumping stations and other details
as well as feasible connections to any existing or proposed utility
systems. If private utilities are proposed, they shall comply fully
with all municipal, county and state regulations. If service will
be provided by an existing utility company, a letter from that company
shall be submitted stating that the service will be available before
occupancy of any proposed structures. When on-lot water supply or
sewerage disposal is proposed, the proposed location of the well and
the location and results of percolation tests shall be submitted.
(16) Zoning district(s) and zoning district lines in which
the subdivision is located.
(17) Identification of an area to be reserved for public
use and acceptable for City recreational purposes, approved by the
Planning Board, comprising not less than 15% of the land area to be
developed. Such lands, when approved by the Planning Board, constitute
an amendment to the Master Plan of the City of Millville and will
be reserved for a period of one year from the date of preliminary
approval, during which time the City may institute acquisition procedures.
(18) An itemization of all improvements to be made to the site, as required in Articles
XIV,
XVI,
XVIII,
XXIII and
XXIV and such other improvements on site, off site and off tract as the public interest may require, together with a listing of the work and materials to be used in installing such improvements, including estimated quantities of necessary materials, sufficient to enable the City Engineer to formulate a performance guaranty estimate.
(19) Details and information on any proposed signs to be erected, constructed or to be placed anywhere on the property involved in accordance with the provisions of Article
XXIII of this chapter.
(20) In the case of a cluster development, the preliminary
plat shall be accompanied by a set of detailed development plans showing
density patterns, site design, open land designations, building locations,
utilities and other improvements and landscaping proposals.
(21) Environmental impact statement. An environmental impact statement in accordance with the requirements of §
30-46E shall be submitted.
[Amended 3-7-2006 by Ord. No. 8-2006]
D. Preliminary site plan.
(1) Every preliminary site plan shall be at a minimum
graphic scale of one inch equals 10 feet, 20 feet, 30 feet, 40 feet
or 50 feet; certified by a New Jersey licensed architect or engineer,
including accurate lot lines certified by a New Jersey licensed surveyor,
submitted on one of four of the following standard sheet sizes: 8 1/2
inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches,
or 30 inches by 42 inches. If one sheet is not sufficient to contain
the entire territory, a separate composite map shall be drawn showing
the entire development and the sheets on which the various sections
are shown. The site plan shall include the following data:
(a)
All lot lines and the exterior boundaries of
the tract;
(c)
Zone district(s) in which the lot(s) is(are)
located;
(d)
Date of original drawing and each subsequent
revision or amendment;
(e)
Existing and proposed street(s) and street name(s);
(f)
Existing and proposed contours at two-foot intervals
throughout the tract and within 100 feet of any building or paved
area under review;
(g)
Title of plan and development name;
(i)
Total area to one square foot;
(j)
Total number of parking spaces required and
to be provided;
(k)
All dimensions, areas and distances needed to
conform with the chapter such as, but not limited to, building lengths,
building coverage, lot lines, parking spaces, loading spaces, setbacks
and yard dimensions;
(l)
A small key map giving the general location
of the parcel within the City; and
(m)
A separate map showing the site in relation
to all remaining lands in the present owner's ownership.
(2) Site plan information for preliminary and final approval.
Each site plan shall have the following information shown thereon
or be annexed thereto and shall be designed to comply with the applicable
provisions of this chapter:
(a)
Building and use plan. The size, height, location,
arrangement and use of all proposed buildings, structures, and signs,
including an architect's sealed elevations of the front, side and
rear of any structures and signs to be erected or modified, to the
extent necessary to apprise the Planning Board of the scope of the
proposed work, shall be shown. Any existing structures shall be identified
either to remain or to be removed. A written description of the proposed
use(s) and operation(s) or nonresidential building(s), including the
number of shifts to be worked and the maximum number of employees
on each shift; seating capacity; expected truck and tractor-trailer
traffic; emission or noise, glare, vibration, heat, odor and air and
water pollution; safety hazards; and anticipated expansion plans incorporated
in the building design. Floor plans shall be submitted upon request
of the Planning Board.
(b)
Circulation plan. This plan shall show access
streets and street names, acceleration/deceleration lanes, curbs,
aisles and lanes, access points to public streets, sight triangles,
traffic channelization, easements, fire lanes, driveways, number and
location of parking and loading spaces/loading berths and/or docks,
pedestrian walks and all related facilities for the movement and storage
of goods, vehicles and persons on the site and including lights, lighting
standards, signs and driveways within the tract and within 100 feet
of the tract. Sidewalks shall be shown from each entrance/exit along
expected paths of pedestrian travel, such as but not limited to access
to parking lots, driveways, other buildings on the site and across
common yard areas between buildings. Plans shall be accompanied by
cross sections of new streets, aisles, lanes, driveways, and sidewalks.
Any expansion plans for the proposed use shall show feasible parking
and loading expansion plans to accompany building expansion.
(c)
Natural resource plan. This plan shall show
existing and proposed wooded areas; buffer areas including the intended
screening devices and buffers; grading at two-foot intervals inside
the track and within 50 feet of its boundaries; seeded and sodded
areas; ground cover; retaining walls; fencing; signs; recreation areas;
shrubbery; trees; and other landscaping features. These plans shall
show the location and type of man-made improvements and the location,
species and caliper of plant material and trees to be located on the
track. The natural tree cover also shall be delineated by a circumferential
line around all stands of trees with similar characteristics such
as the species or type based on the outer perimeter of the dripline
of the individual trees. Specific locations of specimen trees which
are healthy and have a diameter at breast height of 24 inches or greater,
or are otherwise noteworthy because of age, size, species, or other
exceptional quality such as rarity or uniqueness or status as a landmark
or species specimen, shall be noted on the natural features map. All
portions of the property not utilized by building or paved surfaces
shall be landscaped utilizing combinations such as landscaping fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage and the planting of coniferous and/or deciduous trees native
to the area in order to maintain or reestablish the tone of the vegetation
in the area and lessen the visual impact of the structures and paved
areas. The established grades and landscaping on any site shall be
planned for aesthetic, drainage and erosion control purposes.
[Amended 8-3-2010 by Ord. No. 14-2010]
(d)
Facilities plan. This plan shall show the existing
and proposed locations of all drainage and stormwater runoff; open
space; common property; fire hydrants; gas, electric, telephone, sewerage
and water line locations; and solid waste collection and disposal
methods, including proposed grades, sizes, capacities and materials
and/or equipment to be used for facilities installed by the developer.
Installations by utility companies need only show their locations
on the plan. All easements acquired or required on the tract and across
adjacent properties shall be shown, and copies of legal documentation
that support the granting of an easement by an adjoining property
owner shall be included. All proposed lighting shall be shown, including
the direction, angle, height and reflection of each source of light.
All utilities shall be installed underground. All required state and
federal approvals for environmental considerations shall be submitted
prior to preliminary approval or shall be a condition of approval.
Drainage facilities shall include facilities to comply with stormwater
runoff provisions of this chapter. The method of sewage treatment
and solid waste disposal or collection shall be shown, and percolation
tests and soil borings from sufficient locations on the site to allow
a determination of adequacy by the Board of Health shall be included
where septic tanks and leaching fields are permitted and are proposed.
(e)
Environmental impact statement. An environmental impact statement in accordance with the requirements of §
30-46E shall be submitted.
[Amended 3-7-2006 by Ord. No. 8-2006]
(f)
In the case of multifamily and apartment developments,
five copies of a housing market analysis which shall describe and
demonstrate the need for the proposed project in terms of the regional
housing market shall be submitted. Analysis shall include data and
information on vacancy rates, type and location of other housing facilities
within the City and the region. Such analysis shall clearly indicate
how it will meet a need reasonably shown to exist for the type and
cost of housing proposed and is in compliance with the City Master
Plan Housing Element.
(g)
In the case of residential development for which
a homeowners association is required, the site plan shall be accompanied
by such information as will permit the approval authority to make
detailed findings concerning the ability of the proposed association
to adequately perform the function for which it is designed. Information
to be submitted by the applicant in this regard and subject to approval
or revision is as follows:
[1]
The time when the association is to be created
in relation to the project's timetable.
[2]
Mandatory or automatic nature of membership
in the organization by a resident and his/her successor(s).
[3]
Permanence of open space and recreational area
protective convenants.
[4]
Liability of organization for insurance, taxes
and maintenance of all facilities.
[5]
Provisions made for pro rata sharing of costs
and assessments.
[6]
Capacity of the organization to administer common
facilities and preserve the benefits of the open space and recreational
areas.
[7]
The restrictions, covenants and other devices
establishing automatic membership in the association and the responsibilities
of that membership.
(h)
An application form completed in full, accompanied by such other information or data as may be required by the Planning Board in order to determine that the proposed development is in accordance with the City Master Plan, the provisions of this chapter and all other applicable City ordinances. If the applicant is a corporation or partnership, the corporation or partnership 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. Such listing shall be in accordance with the provisions of §
30-45B(2)(h) of this article.
(i) A sustainability plan as outlined in §
30-179A of these regulations.
[Added 8-3-2010 by Ord. No. 14-2010]
(3) The Planning Board, at its sole discretion, may waive
or reduce the details and/or data required to be shown on a preliminary
site plan, so long as such waiver or reduction will not unreasonably
hamper or impede the Planning Board's review of the proposed development
in relation to the City Master Plan and all applicable ordinances.
E. Final subdivision plat. The final plat shall be drawn
in ink on tracing cloth or Mylar at a suitable scale and in compliance
with all provisions of Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.9
et seq.). The final plat shall show or be accompanied by only the
following information and those details as specified in the aforementioned
New Jersey Map Filing Law and as follows:
(1) Date, name and location of the subdivision; name of
the owner, graphic scale; and reference meridian.
(2) The purpose of any easement of land reserved or dedicated
to public use shall be designated, and the proposed use of sites other
than residential shall be noted.
(3) Minimum building setback lines on all lots and other
sites.
(4) Names of owners and adjoining unsubdivided land.
(5) Signature blocks for the Planning Board, City Engineer
and other endorsements required by law.
(6) Tract boundary lines; 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 chart bearings and distances of all curves
based on an actual survey by a land surveyor licensed to practice
in the State of New Jersey, with minimum building setback lines and
the area of each lot shown to the nearest square foot. All dimensions,
both linear and angular, of the exterior tract boundaries shall be
based on and calculated from surveyed transversing which shall have
an apparent error of field closure of 1:10,000 or better and shall
be corrected by accepted balancing methods to final errorless closure;
all final exterior and lot boundaries shall be similarly balanced
to final errorless closure. All dimensions, angles and bearings given
on the map must be referred to by at least two permanent monuments
which shall be indicated on the map.
(7) Block and lot numbers in accordance with established
standards and in conformity with the Municipal Tax Map, as prepared
and certified by a licensed New Jersey land surveyor, and all street
numbers where appropriate shall be designated as specified by the
approval authority.
(8) Plans, cross sections, profiles and established grades
of all streets and easements as approved by the City Engineer.
(9) Plans and center line profiles of all storm and sanitary
sewers and water mains as approved by the City Engineer.
(10) Location and description of all monuments as required
by this chapter and Map Filing Law (N.J.S.A 46:23-9.9 et seq).
(11) By separate exhibits, information regarding required
improvements and detailing the stage of completion of installing said
improvements, including the following certifications:
(a)
By a New Jersey licensed professional land surveyor
as to the accuracy of the plat and of the surveyed dimensions.
(b)
That the applicant is agent or owner of the
land, or that the owner has given consent under an option agreement
or contract of sale.
(c)
Approvals of the City Engineer.
(d)
Appropriate local, county and state approvals.
(e)
By the Municipal Tax Collector that all taxes
are paid to date.
(f)
Other certifications that may be required by
law.
F. Final site plan. The final site plan shall include all data required on the preliminary site plan drawn to incorporate all changes required as a condition of preliminary approval and drawn by persons and to specifications as required for a preliminary plan. To the extent applicable, the final site plan shall be accompanied by the same certifications as required by §
30-45E(11).
G. Site plan for signs. Unless otherwise provided by
this chapter, an application for a sign permit shall be accompanied
by a site plan of the proposed sign(s) which shall show the following:
(1) Name, address and telephone number of the applicant,
the person preparing and/or constructing the sign(s) and the person
erecting the sign(s).
(2) Location of the building, the structure and/or the
lot to which the sign(s) is to be erected, attached or located.
(3) A scaled drawing showing the size of the existing
or proposed sign; the location of the sign on the building to which
it is to be attached or on the property on which it is to be placed
(in which case setback dimensions shall be shown); the materials to
be utilized in the construction of the sign, including whether or
not the sign will be illuminated; and the message, lettering, artwork,
illustrations, color and appurtenances to be placed or shown on the
sign(s).
(4) In the case of signs to be erected, constructed or
placed on property or attached to structures not belonging to or owned
by the applicant, evidence of the property or structure owner's approval
or permission for the locating of said sign(s).
(5) Such other information as required by the Planning
Board.
A notice of hearing on an application for development
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 duplicate in
the Municipal Tax Assessor's office. It shall also include the location
and times at which any maps or documents for which approvals are sought
are available pursuant to N.J.S.A. 40:55D-10.
The notices required by this section shall be
given by the applicant at least 10 days prior to the date of the hearing
on the application for development.
A. Public notice of a hearing on an application for development
shall be given for all requests for site plan approval and subdivision
approval from the municipal agency. Public notice shall be given by
publication in the official newspaper of the municipality.
B. The notice of a hearing on an application for development,
requiring public notice as set forth above, shall be given by personal
service or certified mail to the owners of all real property as shown
on the current tax duplicates located within 200 feet in all directions
of the property which is the subject of the hearing as set forth in
N.J.S.A. 40:55D-12.
C. Upon the written request of an applicant and within
seven days, the Tax Assessor of the City shall make and certify a
list from the current tax duplicates of the names and addresses of
owners to whom the applicant is required to give notice pursuant to
this section. 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.
D. The notice of the hearing on the application for development
shall be given by personal service or certified mail to the Clerk
of a municipality where the property is located within 200 feet of
an adjoining municipality.
E. The notice of the hearing on the application for development
shall be given by personal service or certified mail to the County
Planning Board where the property is 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 is located within 200
feet of a municipal boundary.
F. The notice of the hearing on the application for development
shall be given by personal service or certified mail to the Commissioner
of Transportation where the property is adjacent to a state highway.
G. The notice of the hearing on the application for development
shall be given by personal service or certified mail to the State
Planning Commission where the property exceeds 150 acres or the application
involves 500 dwelling units. The notice shall include a copy of any
maps or documents required to be on file with the Municipal Clerk
pursuant to N.J.S.A. 40:55D-10.
H. The notice of the hearing on the application for approval
of a major subdivision or a major site plan shall be given by personal
service or certified mail to a public utility, cable television company
or local utility which possesses a right-of-way or easement within
the municipality and which is registered with the municipality as
required by the Municipal Land Use Law.
I. The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing on the application
for development in the event that the applicant is required to give
notice pursuant to this section.
Any notice made by certified mail pursuant to
this article shall be deemed complete upon mailing.
The hearings required by this article shall be held in accordance with the provisions of §
30-8 of this chapter and the administrative procedures adopted by the municipal agency holding the hearing.
Each application for subdivision approval, where
required by 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
or approval, and the municipal agency holding a hearing on such application
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
Preliminary approval of a major subdivision
or of a site plan shall 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 for curbs, sidewalks
and streets; lot size; yard dimensions and off-tract improvements;
except that nothing herein shall be construed to prevent the City
from modifying by ordinance such general terms and conditions of preliminary
approval as relate 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 of the preliminary subdivision plat or site plan, as the
case may be.
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.
D. In the case of a subdivision of or site plan for an
area of 50 acres or more, the Planning Board may grant the rights
referred to above in this section for such period of time, longer
than three years, that shall be determined by the Planning Board to
be reasonable taking into consideration the factors set forth in N.J.S.A.
40:55D-49d.
The Planning Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer being required
to make further application to the Planning Board or the Planning
Board being required to hold further hearings. The longest time period
for action by the Planning Board shall apply, whether it be for conditional
use, site plan or subdivision approval. Whenever approval of a conditional
use is requested by the developer pursuant to this section, the notice
of the hearing on the plat shall include reference to the request
for such conditional use.
[Amended 4-19-2022 by Ord. No. 18-2022]
A. Before recording final subdivision plats or recording
of minor subdivision deeds or as a condition of final site plan approval
or as a condition to the issuance of a zoning permit pursuant to N.J.S.A.
40:55D-65, the City Planning/Zoning Board may require and shall accept,
in accordance with the standards adopted herein, for the purpose of
assuring the installation and maintenance of certain on-tract improvements,
the following:
(1) The developer shall furnish a performance guarantee
in favor of the municipality in an amount not to exceed 120% of the
cost of installation of only those improvements required by an approval
or developer's agreement, ordinance, or regulation to be dedicated
to a public entity, and that have not yet been installed, which cost
shall be determined by the Municipal Engineer, according to the method
of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.
S. A. 40:55D-53.4), for the following improvements as shown on the
approved plans or plat: streets, pavement, gutters, curbs, sidewalks,
streetlighting, street trees, surveyor's monuments, as shown on the
final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A.
46:23-9.9 et seq.; repealed by Section 2 of P.L. 2011, c. 217), or
N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary
sewers, community septic systems, drainage structures, public improvements
of open space, and any grading necessitated by the preceding improvements.
The Municipal 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.
(2) The developer shall furnish a performance guarantee
to include, within an approved phase or section of a development,
privately owned perimeter buffer landscaping, as required by local
ordinance or imposed as a condition of approval. At the developer's
option, a separate performance guarantee may be posted for the privately
owned perimeter buffer landscaping.
(3) In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the municipality in an amount equal to 120% of the cost of 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. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to §
30-62A(1), 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 Municipal Engineer. At no time may a municipality hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Municipal Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(4) Safety
and stabilization guarantee.
(a) A developer shall furnish to the municipality a safety and stabilization
guarantee in favor of the municipality. At the developer's option,
a safety and stabilization guarantee may be furnished either as a
separate guarantee or as a line item of the performance guarantee.
A safety and stabilization guarantee shall be available to the municipality
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,
only in the circumstance that:
[1] 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
[2] Work has not recommenced within 30 days following the provision of
written notice by the municipality to the developer of the municipality's
intent to claim payment under the guarantee. The municipality shall
not provide notice of its intent to claim payment under a safety and
stabilization guarantee until a period of at least 60 days has elapsed
during which all work on the development has ceased for reasons other
than force majeure. The municipality shall provide written notice
to a developer by certified mail or other form of delivery providing
evidence of receipt.
(b) The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
(c) The amount of a safety and stabilization guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows:
[1] Five thousand dollars for the first $100,000 of bonded improvement
costs; plus
[2] Two and one-half percent of bonded improvement costs in excess of
$100,000 up to $1,000,000; plus
[3] One percent of bonded improvement costs in excess of $1,000,000.
(d) The municipality shall release a separate safety and stabilization
guarantee to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this subsection.
(e) The municipality shall release a safety and stabilization guarantee
upon the Municipal 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.
B. The developer shall post with the municipality, prior to the release of a performance guarantee required pursuant to §
30-62A(1),
(2), or both subsections and §
30-62B, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(1) The
developer shall post with the municipality, upon the inspection and
issuance of final approval of the following private site improvements
by the Municipal Engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of 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, if any, which cost shall be determined
according to the method of calculation set forth in Section 15 of
P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(2) The
term of the maintenance guarantee shall be for a period not to exceed
two years and shall automatically expire at the end of the established
term.
C. In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
the improvements are covered by a performance or maintenance guarantee
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required by the municipality for such
utilities or improvements.
(1) The
time allowed for installation of the bonded improvements for which
the performance guarantee 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 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
Municipal Engineer according to the method of calculation set forth
in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), as of the
time of the passage of the resolution.
(2) If
the required bonded improvements are not completed or corrected in
accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the municipality for the reasonable
cost of the improvements not completed or corrected, and the municipality
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, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
(3) Incomplete
or unsatisfactory improvements.
(a) Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to §
30-62A(1), a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all bonded 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 Municipal Engineer shall state, in detail, with respect to each bonded 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 bonded improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each bonded 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 bonded improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to §
30-62A(1).
(4) Approval
or rejection by governing body.
(a) The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, 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 §
30-62A(1). This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal 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 bonded 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 total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
(b) For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to §
30-62A(1), including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of all bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.
(c) If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to §
30-62C(3) 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.
(d) If the governing body fails to approve or reject the bonded improvements determined by the Municipal 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 Municipal 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 Municipal Engineer and appended to the performance guarantee pursuant to§
30-62A(1), and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(e) In the event that the obligor has made a cash deposit with the municipality
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this subsection 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, provided that if the developer has furnished
a safety and stabilization guarantee, the municipality may retain
cash equal to the amount of the remaining safety and stabilization
guarantee.
(5) If
any portion of the required bonded 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 subsection, shall be followed.
(6) Nothing
herein, however, shall be construed to limit the right of the obligor
to contest by legal proceedings any determination of the governing
body or the Municipal Engineer.
(7) In
the event that final approval is by stages or sections of development
pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-38), the provisions of this section shall be applied by stage
or section.
(8) To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to §
30-62A(1) of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Municipal Engineer.
(9) If
the property or any part of same is sold or otherwise conveyed to
a successor developer prior to the completion and acceptance of all
improvements, an assignment of developer's agreement, and new performance,
maintenance and all other guarantees, shall be required from the new
owner or successor developer. Upon the transfer of ownership of property
that is the subject of a construction permit, and prior to beginning
or continuing work authorized by the construction permit, the new
owner or successor developer shall file with the Building Department
an application for a permit update to notify the Building Department
of the name and address of the new owner or successor developer and
of all other changes to information previously submitted to the Building
Department. The Building Department shall not approve the application
for a permit update until it receives notification from the governing
body or its designee that the new owner or successor developer has
furnished adequate replacement performance, maintenance or other guarantees
and assignment of developer's agreement.
The City shall not require that a maintenance
guarantee be in cash or that more than 10% of a performance guarantee
be in cash. However, a developer may provide at its option some or
all of a maintenance guarantee in cash or more than 10% of a performance
guarantee in cash. If cash guarantees are deposited with the City,
they shall be deposited and administered in accordance with the requirements
of N.J.S.A. 40:55D-53.1 of the Municipal Land Use Law.