All references hereinafter to the Planning Board
with regard to subdivision or site plan applies to the Zoning Board
of Adjustment when jurisdiction of the site development plan review
rests with the Zoning Board of Adjustment.
Sketch subdivision plats or sketch site plans
may be submitted for classification or for informal review at a regular
meeting of the Planning Board, prior to formal application for development.
Sketch subdivision plats or sketch site plans shall be filed with
the Planning Board Secretary at least 30 days prior to the regular
meeting of the Planning Board. At the time of application, the developer
shall pay the fees and submit 10 copies of an application, maps and
other documents as required by this chapter and as required in the
application checklist included in this chapter as Appendix A.[1] The informal discussion is for informational purposes
only. The Board will not take formal action until an application for
development" is submitted by the applicant.
A.
The developer shall submit to the Planning Board Secretary
10 copies of the minor subdivision or site plan application and such
other information as required herein. The Planning Board, designated
subdivision or site plan committee or designated individual shall
classify the application. If classified as a minor subdivision or
minor site plan, the minor subdivision or site plan shall be approved
or denied within 45 days of the date of submission of a complete application
to the administrative officer or within such further time as may be
consented to by the applicant. Failure of the Planning Board to act
within the period prescribed shall constitute minor subdivision or
site plan approval, 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.
B.
Such certificate issued by the administrative officer
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.
C.
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), the Planning Board 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.
D.
Approval of a minor subdivision shall expire 190 days
from the date of approval unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law, P.L.
1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing
the approved minor subdivision is filed by the developer with the
county recording officer, the Engineer and the Tax Assessor. Any such
plat or deed accepted for such filing shall have been signed by the
Chairman and Secretary of the Planning Board.
E.
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 this
section.
A.
The developer shall submit to the Planning Board Secretary
10 copies of the site plan application and such other information
as required herein. If an application for site plan is found to be
incomplete, the developer shall be notified by the Planning Board
Secretary within 45 days of the submission of such application or
it shall be deemed to be properly submitted.
B.
If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of a hearing, an amended application for development
shall be submitted and proceeded upon, as in the case of the original
application for development. The Planning Board shall, if the proposed
development complies with this chapter, grant preliminary site plan
approval.
C.
Upon the submission to the Planning Board Secretary
of a complete application for a site plan for 10 acres of land or
less, and 10 dwelling units or less, the Planning Board shall grant
or deny preliminary approval within 45 days of the date of such submission
or within such further time as may be consented to by the developer.
Upon the submission of a complete application for a site plan of more
than 10 acres, or more than 10 dwelling units, the Planning Board
shall grant or deny preliminary approval within 95 days of the date
of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval of the site plan.
A.
The developer shall submit to the Planning Board Secretary
10 black-on-white prints of the preliminary plat, completed application
forms for preliminary approval, and such other information as required
herein, 30 days prior to the Planning Board meeting at which consideration
is desired. At the time of filing, fees shall be paid to the Planning
Board Secretary to defer administrative and review costs incurred
by the Borough.
B.
The developer shall submit to the Planning Board Secretary
a plat and such other information as is required of this chapter.
The plat and any other engineering documents to be submitted shall
be required in tentative form for discussion purposes for preliminary
approval. If the application for development is found to be incomplete,
the developer shall be notified thereof within 45 days of submission
of such application or it shall be deemed to be properly submitted.
C.
If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of a hearing, an amended application shall be submitted
and proceeded upon, as in the case of the original application for
development. The Planning Board shall, if the proposed subdivision
complies with this chapter, grant preliminary approval to the subdivision.
D.
Upon the submission to the Borough Clerk of a complete
application for a subdivision of 10 or fewer lots, the Planning Board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon the submission of a complete application
for a subdivision of more than 10 lots, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval to the subdivision.
E.
The developer shall notify by registered mail or certified
mail at least five days prior to the hearing all property owners within
200 feet of the extreme limits of the subdivision as their names appear
on the municipal tax record. Furthermore, the developer shall comply
with all provisions of N.J.S.A. 40:55D-1 et seq. This notice shall
state the time and place of hearing, a brief description of the subdivision
and that a copy of said subdivision has been filed with the Borough
Clerk for public inspection. The developer 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 hearing.
F.
Copies of the preliminary plat shall be forwarded
by the Secretary of the Planning Board prior to the hearing to the
following:
G.
If the Planning Board acts favorably on a preliminary
plat, a notation to that effect shall be made on the plat.
H.
Effect of preliminary approval. Preliminary approval of a major subdivision pursuant to this chapter or of a site plan, except as provided in Subsection D, confers upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
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 dimension and off-tract improvements;
and in the case of a site plan, any requirements peculiar to site
plan approval; except that nothing herein shall be construed to prevent
the municipality from modifying by ordinance such general terms and
conditions of preliminary approval as relate to public health and
safety.
(2)
That the applicant shall submit for final approval
on or before the expiration date of preliminary approval the whole
or a section or sections of the preliminary subdivision plat or site
plan as the case may be.
(3)
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.
I.
J.
The applicant may apply for thereafter and the Planning
Board may thereafter grant an extension to preliminary approval for
such additional period of time as shall be determined by the Planning
Board to be reasonable taking into consideration:
(1)
The number of dwelling units and nonresidential floor
area permissible under the preliminary approval;
(2)
The potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval;
(3)
Economic conditions; and
(4)
The comprehensiveness of the development, provided
that, if the design standards have been revised, such revised standards
might govern.
A.
The application for approval of the final plat shall
be submitted to the Planning Board Secretary within three years from
the date of preliminary approval. The developer shall submit to the
Planning Board Secretary 10 copies of the final plat, completed application
forms and such other information required herein. The Planning Board
shall act upon the final plat within 45 days after the date of submission
for final approval. Failure of the Planning Board to act within the
period prescribed shall constitute final approval, 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, herein required, and shall be so accepted by the county
recording officer for purposes of filing subdivision plats.
B.
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the Planning Board 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.
C.
The original tracing and 10 copies of the application
for final approval shall be submitted to the Secretary of the Planning
Board at least 30 days prior to the date of the regular Planning Board
meeting. Unless the preliminary plat is approved without changes,
the final plat shall have incorporated all changes or modifications
by the Planning Board.
D.
The final plat shall be accompanied by a statement
by the Borough Engineer that he is in receipt of a map showing all
utilities or extensions thereof 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:
F.
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. If any final plat is not filed within
this period, the approval shall expire. The Planning Board may, for
good cause, extend the period for recording for an additional period
not to exceed 190 days from the date of signing of the plat.
G.
No plat shall be accepted for filing by the county
recording officer unless it has been duly approved by the Planning
Board of the Borough and signed by the Chairman and Secretary of the
Board.
A.
Before final subdivision or final site plan approval
by the Planning Board or as a condition thereof, the developer shall
install the improvements required by the preliminary approval or shall
post performance guaranties to assure the installation of the required
improvements prior to signing of the final plan.
B.
It shall be expressly understood that, notwithstanding
the posting of a performance guaranty for a lot in a major subdivision,
no building permit shall be issued until the subdivider shall have
installed the road subbase, road base and curbs in accordance with
the Borough specifications and as certified by the Engineer, and until
the underground utilities such as sewer, water, gas, storm drainage
lines and all other underground work shall have been duly and properly
installed. No occupancy permit shall be issued until a finished road
base has been installed pursuant to specifications, and until all
other improvements and conditions as may be required by the Planning
Board, this chapter, and the Uniform Construction Code have been properly
complied with and approved and final plat approval granted. All such
improvements shall be certified in writing by the Engineer or other
designated administrative officer prior to the issuance of such certificate
of occupancy.
A.
Every applicant for development shall be responsible
for paying all costs and fees incurred by the professional consultants
retained by or on behalf of the Borough and/or it boards, commissions
or agencies in reviewing, testifying and/or assisting the Borough
in processing applications and/or assisting the Borough in the evaluation,
planning and proper design of municipal services and facilities necessary
to accommodate the present or anticipated needs of the proposed development.
B.
Upon receipt of an application for development, the
appropriate Borough officer shall notify the appropriate engineer
and attorney and receive an estimate of the costs and fees for the
application. The costs and fees will be set forth in the schedule
of costs and fees promulgated by resolution by the Mayor and governing
body. The officer shall immediately notify the applicant of the estimate,
and the applicant shall deposit the estimated amount with the appropriate
Borough officer. All escrow fees must be paid prior to the listing
of the project for a hearing. The officer shall pay out of the monies
so deposited all bills submitted in connection with the application.
In the event the deposit exceeds the bills incurred, the excess money
shall be returned to the applicant. In the event the bills exceed
the deposit, the applicant must deposit additional money to satisfy
the excess amount. No final approvals and/or certificates of occupancy
may be given to a project where the escrow monies are deficient; and
the appropriate board, commission or agency may condition any final
approval on the payment of all escrow charges.
C.
If any board, commission, or agency determines that
professional inspection fees are necessary as a condition of final
approval of a development, then said fees shall be deposited and maintained
in the aforesaid escrow account and may be deducted from the aforesaid
escrow deposit.
D.
Upon the request of the applicant in writing, the
appropriate Borough officer shall provide the applicant with a detailed
list of all charges and disbursements made from the application escrow
account.
A.
General requirements. Where the Municipal Planning
Board or Zoning Board determines that off-tract improvements are necessary
for the proper development and utilization of a proposed site or subdivision
and/or the surrounding area, it may require either that such off-tract
improvements be installed or that the developer contribute money either
directly or to a fund for the installation of such off-tract improvements.
Where the municipal board has determined that off-tract improvements
are required, it may be a condition of the granting of final approval
that such improvements be constructed or that the developer shall
make payments toward the ultimate installation of off-tract improvements
such as, but not limited to, streets, curbs and gutters, sidewalks,
water mains, sanitary sewers, storm sewers and culverts, monuments
and streetlights, or for the acquisition of space for municipal and/or
public parking, all in accordance, where possible, with the specifications
governing on-tract improvements.
B.
Cost allocation. If the municipal board determines
that the developer may contribute toward required off-tract improvements
in lieu of such improvements being installed, the municipal board
may allocate the cost of said off-tract improvements in accordance
with the standards hereinafter set forth.
(1)
The allocation of the cost of off-tract improvements
shall be determined in accordance with the following:
(a)
The municipal agency may consider the total
cost of the off-tract improvements, the benefits conferred upon the
site or subdivision and other areas to be served by the off-tract
improvements, the estimated times of construction of off-tract improvements
and the condition and periods of usefulness, which periods may be
based upon the criteria of N.J.S.A. 40A:2-22. The municipal board
may further consider the criteria set forth below.
(b)
Road, curb, gutter and sidewalk improvements
may be based upon the anticipated increase of traffic generated by
the site or subdivision. In determining such traffic increase, the
municipal board may consider traffic counts, existing and projected
traffic patterns, quality of roads and sidewalks in the area, and
the other factors related to the need created by the site or subdivision
and anticipated thereto.
(c)
Drainage facilities may be based upon the percentage
relationship between the site or subdivision acreage and the acreage
of the total drainage basins involved or upon calculations developing
the percentage contribution that the storm runoff from a particular
site or subdivision bears to the total design capacity of any improvement;
the particular methods to be selected in each instance by the Borough
Engineer.
(d)
Sewage facilities may be based upon the percentage
relationship between the site or subdivision estimated flow and the
total sewage flow involved or upon calculations developing the percentage
of design flow from a particular site or subdivision bears to the
total design flow of any improvement; the particular methods to be
selected in each instance by the Borough Engineer.
(e)
The municipal board may consider all factors
it deems relevant in allocating costs to a developer for off-site
parking. These factors may include the number of parking places currently
available on site for parking, the general availability of parking
in the area and the prior and proposed use of the site.
(2)
All monies received by the municipality in accordance
with the provisions of this section shall be paid to the Municipal
Chief Financial Officer who shall provide for a suitable depository
therefor. Such funds shall be used only for the improvements for which
they are deposited or improvements serving the same purposes unless
such improvements are not initiated for a period of five years from
the date of payment, after which time said funds shall be transferred
to the capital improvement fund of the municipality.
(3)
The apportionment of costs shall be determined by
the municipal board. The developer shall be afforded an opportunity
before said board to present evidence relative thereto.
C.
Assessment not precluded. Nothing in this section
shall preclude the municipality from assessing any property benefiting
from installation of any off-tract improvements as provided in this
section pursuant to the provisions of the Revised Statutes of New
Jersey, an allowance being made to the respective parcels of realty
for payments herein.
