[Amended 12-17-2013 by Ord. No. 1579]
A.
Purpose: Such regulations are deemed necessary to
achieve the following purposes:
(1)
Promote orderly development: to protect the character
and to maintain the stability of all areas within the community and
to promote the orderly and beneficial development of such areas.
(2)
Promulgate rules and regulations: to provide rules,
regulations and procedures where applicable and to the extent the
same have not been otherwise promulgated by ordinance in the Borough
of Franklin Lakes which will guide the appropriate development of
lands within the Borough in a manner which will promote the public
health, safety, morals and general welfare.
(3)
To protect against hazards and danger: to secure safety
from fire, flood, panic and other natural and man-made disasters.
(4)
Design standards: to encourage the design and location
of streets which will promote the free flow of traffic while discouraging
the location of such facilities and routes which will result in congestion.
(5)
Creative development techniques: to promote a desirable
physical environment through creative development techniques, design
and arrangement.
(6)
Open spaces: to promote the conservation of open space
and to protect the natural resources and to prevent overcrowding through
improper land use.
B.
Exceptions to design and performance standards. The
approving authority, when acting upon applications, shall have the
power to grant such exceptions from the subdivision and site plan
requirements of this chapter as may by reasonable and within the general
purpose and intent of the provisions for subdivisions, plat, site
plan review and approval if the literal enforcement of one or more
provisions of this chapter is impracticable or will exact undue hardship
because of peculiar conditions pertaining to land in question.
C.
Submission of concept plan for informal review.
(1)
An informal review of a concept plan is optional.
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 purpose will be to review concepts to assist the applicant in
the preparation of subsequent plans. Other than classification, no
decisions will be made, no hearings held and no formal action taken.
Neither the developer nor the approving authority shall be bound by
this informal review.
(2)
Filing procedure and information for concept review.
(a)
The developer shall file with the Clerk, at
least two weeks prior to the meeting of the approving authority, 16
copies of the concept plan and the completed application form.
(b)
The concept plan is considered a sketch or general
plan neither fully engineered nor surveyed. Information used to prepare
the concept plan can be available from secondary source information
such as the Soil Conservation Survey Map or U.S. Geodetic Survey maps,
but should be sufficiently detailed to allow the Planning Board to
make suggestions on general site design and layout for circulation,
stormwater management, location of open space and buffers and building
arrangements and to determine how the land use code affects the proposal.
A.
Filing procedure.
(1)
The following must be submitted to the Clerk of the
approving authority: Sixteen copies of the application, all plot plans,
maps and other papers required by virtue of any provision of this
chapter, as well as the applicable fee and certification by the Tax
Collector that all taxes are paid to date. All submission details
are set forth in the forms in the Appendix.[1] Copies shall be submitted minimally 14 days prior to the
date of the approving authority's meeting.
[1]
Editor's Note: Forms 1 through 10 are included
at the end of this chapter.
(2)
A corporation or partnership applying for permission to subdivide
a parcel of land, or for a variance to construct multiple dwellings,
or for approval of a site to be used for commercial purposes, shall
list the names and addresses of all stockholders or individual partners
owning at least 10% of its stock of any class or at least 10% of the
interest in the partnership, as the case may be. If a corporation
or partnership owns 10% or more of the stock of a corporation, or
a 10% or greater interest in a partnership, subject to the above disclosure,
that corporation or partnership shall list the names and addresses
of its stockholders holding 10% or more of its stock or a 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 corporate stockholders
and individual partners exceeding the 10% ownership criterion established
in this subsection have been listed. No Planning Board, Board of Adjustment
or municipal governing body shall approve the application of any corporation
or partnership which does not comply with this requirement of N.J.S.A.
40:55D-48.1. The penalty for concealment by a corporation or a partnership
shall be as outlined in N.J.S.A. 40:55D-48.4.
[Amended 7-21-2015 by Ord. No. 1635]
(3)
Preliminary and final plats are required for all major
subdivisions. No person shall sell or agree to sell any land which
forms part of a subdivision as defined in this chapter until final
approval of such subdivision has been obtained pursuant to this chapter.
(4)
Simultaneously with filing the application, copies
of the preliminary plat shall be forwarded by the Clerk of the Planning
Board to the following persons, as directed by the approving authority:
(6)
The applicant shall produce proof by affidavit of
the date such copies were forwarded. The persons and Board may make
recommendations in writing the approving board within 30 days after
service of the preliminary plat on them. The approving board shall
take the recommendations into account, but shall have the authority
to proceed in the absence of such recommendation or to disregard or
modify such recommendations. Copies of all recommendations shall be
sent to the applicant by the recommending professional and boards.
B.
Action by approving authority.
(1)
The approving authority through its engineer shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified, in writing, within 45 days of submission in accordance with § 300-11.
(2)
Public hearing. If accepted as an application, a public
hearing date shall be set by the approving authority and notice given.
(3)
Upon submission of a plat, the clerk shall submit one copy of the plat and supporting data to the above named boards and experts listed in § 300-47A(4) for review and action. Each shall have not more than 30 days from receipt of the plat to report to the approving authority. In the event of disapproval, such report shall state the reasons therefor.
(4)
The approving authority shall grant or deny preliminary
subdivision approval within the following time periods unless some
further time has been consented to by the developer. Otherwise, the
approving authority shall be deemed to have granted preliminary approval
of the subdivision:
(5)
The approving authority shall grant or deny preliminary
site plan approval within the following time periods unless some further
time has been consented to by the developer. Otherwise, the approving
authority shall be deemed to have granted preliminary approval of
the site plan.
(a)
A site plan which involves 10 dwelling units or less and 10
acres of land and less: within 45 days of the date of a complete submission.
[Amended 7-21-2015 by Ord. No. 1635]
(b)
A site plan which involves more than 10 acres
or more than 10 dwelling units: within 95 days of the date of a complete
submission.
(c)
A site plan requiring bulk or “D”
variances: within 120 days of the date of a complete application.
(6)
If the approving authority required any substantial
amendment in the layout of improvements in either a site plan or subdivision,
and that plan had 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 approving authority shall, if the
proposed development complies with this chapter, grant preliminary
approval.
(7)
The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report (§§ 300-67 and 300-75). The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 300-34. If the approving authority grants preliminary approval, its Chairman and Secretary, or the Vice Chairman or Assistant Secretary in their absence, respectively, and the Municipal Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse.
(8)
Preliminary approval shall confer upon the applicant
the following rights for a three-year period from the date of the
preliminary approval:
(a)
That the general terms and conditions on which
preliminary approval was granted shall not be changed, including but
not limited to use requirements; layout and design standards for streets,
curbs and sidewalks; lot size; yard dimensions; off-tract improvements;
and in the case of a site plan, any requirements for preservation
of existing natural resources, for safe and efficient vehicular and
pedestrian circulation, parking and loading, for screening, landscaping
and location of structures and for exterior lighting, except that
nothing herein shall be construed to prevent the Borough from modifying,
by ordinance, such general terms and conditions of preliminary approval
as relate to public health and safety.
(b)
That the applicant may submit for final approval
on or before the expiration date of preliminary approval the whole
or a section or sections of the preliminary plat or site plan, as
the case may be.
(c)
That the applicant may apply for, and the approving
authority may grant, extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
(9)
In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(8)(a), (b), and (c) above for such period of time longer than three years as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
C.
No building permit shall be issued for a new building
or an addition or alteration to an existing building or site unless
a site plan shall have first been approved by the Planning Board or
Zoning Board in accordance with the terms of this chapter.
D.
Notwithstanding the provisions of Subsection C above, no site plan approval shall be required prior to the issuance of a building permit for the following: additions to a single-family dwelling where the additions do not increase the total cubic area of the building by more than 30%; any new accessory building; swimming pools.
[Amended 12-17-2013 by Ord. No. 1579]
A.
Procedures for preliminary site plan approval.
(1)
The developer shall submit to the administrative officer a site plan
and such other information as is necessary to make an informed decision
as to whether the requirements necessary for site plan approval have
been met. The site plan and any associated documents to be submitted
shall be prepared pursuant to the provisions of this chapter. Submission
details are set forth in the forms in the Appendix.
[Amended 7-21-2015 by Ord. No. 1635]
(2)
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 development
complies with this chapter, applicable state and federal regulations,
and sound planning principles, grant preliminary site plan approval.
(4)
As a condition of approval the approving authority
may require the installation and maintenance of on-tract improvements;
and the regulations may require a developer to pay his pro rata share
of the cost of off-tract improvements in accordance with N.J.S.A.
40:55D-42.
B.
Procedures for minor subdivision approval.
(1)
Minor subdivision of land shall not involve the creation
of more than three lots, and which does not involve the extension
of any off-tract improvements, planned development, or any new street.
(2)
Submission details are set forth in the forms in the
Appendix.
(3)
Upon receipt of a completed application, the Board
shall, within the time periods prescribed by this chapter, take action
on the application as provided by law.
(4)
The Planning Board may waive notice and public hearing for an application for development if the Board finds that the application conforms to the definition of "minor subdivision" as set forth in Article X.
(5)
Minor subdivision approval shall be deemed to be final
approval of the subdivision by the Board, provided that the Board
may condition such approval on terms ensuring the provision of improvements
pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-40 and 40:55D-53
of Chapter 291, Laws of 1975.
C.
Procedures for preliminary major subdivision approval.
(1)
Major subdivision is any subdivision of land that
is not classified as a minor subdivision.
(2)
Submission details are set forth in the forms in the
Appendix.
(3)
For all applications for preliminary approval of major
subdivisions the Planning Board shall hold a public hearing with public
notice given by publication in the official newspaper of general circulation
in the Borough; and a notice of the hearing shall be given 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 such hearing and to other persons as required by N.J.S.A.
40:55D-12 and in following the procedures set forth in N.J.S.A. 40:55D-12,
and shall have the effect of N.J.S.A. 40:55D-14.
(4)
As a condition of approval the approving authority
may require the installation and maintenance of on-tract improvements;
and the regulations may require a developer to pay his pro rata share
of the cost of off-tract improvements in accordance with N.J.S.A.
40:55D-42.
D.
Procedures for general development plan (GDP) approval.
(1)
When an applicant proposes an application that meets the definition
and criteria for planned development, a general development plan application,
consistent with this article, may be submitted.
(2)
The minimum land area for the submittal of a GDP application shall
be 100 acres.
(3)
Any lands contemplated for development under the provisions of the
general development plan shall be included in the application.
(4)
Submission details are set forth in the forms in the appendix.[1]
[1]
Editor's Note: Said appendix forms are included as attachments to this chapter.
(5)
Notwithstanding anything to the contrary, the Planning Board shall
have the right to make appropriate adjustments to the concept plan
once the site is fully engineered to account for health and safety
concerns.
(6)
Prior to the approval of a GDP application, the Planning Board shall
find the following facts and conclusions:
(a)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to zoning ordinance
standards adopted pursuant to N.J.S.A. 40:55D-65c of the Municipal
Land Use Law;
(b)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate;
(c)
That provisions through the physical design of the proposed
planned unit development for public services, control over vehicular
and pedestrian traffic, and the amenities of light and air, recreation
and visual enjoyment are adequate;
(d)
That the proposed planned unit development shall not have an
unreasonably adverse impact upon the area in which it is proposed
to be established; and
(e)
In the case of a proposed planned unit development which contemplates
construction over a period of years, that the terms and conditions
intended to protect the interests of the public and the residents,
occupants, and owners of the proposed development in the total completion
of the development are adequate.
(7)
The Planning Board may set forth those conditions which it deems
necessary to protect the interests of the general public and the residents
and occupants of the planned unit development. Such conditions may
include, but are not limited to, the sequence and distribution of
uses and densities, limitations of land areas to be developed within
a given period, or provision of physical means to address critical
or unique environmental conditions. Such conditions shall be predicated
on the following criteria:
(a)
Each stage of a planned unit development shall contain, within
reasonable limits, a balance of the proposed uses, open space, and
community facilities to assure that the planned unit development is
a viable self-sustaining community unit at any given stage in its
growth;
(b)
Each stage of development shall include such open space in proportion
to that part of the total development units in the planned unit development
that are to be developed in that stage. Such open space shall be physically
proximate and accessible to the resident population within the planned
unit development; and
(c)
The size and timing of successive stages of a planned unit development
shall be conditioned upon the availability and provision of suitable
capacity of facilities such as arterial highways, primary roadways
of Bergen County, primary roadways of the Borough of Franklin Lakes,
sewer, water, stormwater drainage, and other services whose capacities
must be expanded as a result of the development of the planned development.
(8)
Effect of approval.
(a)
A plan that has been given general development plan approval
with conditions accepted by the applicant (and provided that the applicant
has not defaulted under nor violated any of the conditions of the
general development plan approval) shall not be modified, revoked
or otherwise impaired by action of the Borough or any of its present
or future agencies or officers if an application for a section or
sections of subdivision or site plan approval is filed within five
years of the date upon which the general development plan has been
approved.
(b)
In the event the developer has not applied for preliminary approval
of a section or sections of an approved general development plan within
five years of the date upon which the general development plan was
approved, such approval may be terminated by the Planning Board upon
written notice to the applicant.
(c)
The Planning Board shall grant these rights for a period of
time no less than 10 years but not longer than 20 years, as shall
be reasonable, taking into consideration:
[1]
The number of dwelling units and nonresidential floor area permissible
under the general development plan approval;
[2]
Prevailing economic conditions;
[3]
The timing schedule to be followed in completing the development
and the likelihood of its fulfillment;
[4]
The developer's capability of completing the proposed development;
and
[5]
The contents of the general development plan and any conditions
therein which the Planning Board attaches to the approval thereof.
(d)
The applicant may petition the Planning Board thereafter and
the Planning Board may grant an extension of general development plan
approval for such additional time period 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]
Prevailing economic conditions; and
[4]
The comprehensiveness of the development, provided that, if
the design standards have been revised, such standards may govern.
A.
Filing procedure.
(1)
Prior to the expiration of preliminary plat approval,
the developer shall file with the administrative officer, at least
14 days prior to the meeting of the approving authority, the original
tracing cloth or Mylar copies; 10 black-on-white paper prints of the
plat; four completed copies of the application form and final plat
checklist; the performance guaranty approved by the governing body,
including off-tract improvements, if any; any maintenance guaranties;
the applicable fee; certification by the Tax Collector that all taxes
are paid to date; certification by the Soil Conservation District
pursuant to the Soil Erosion and Sediment Control Act, Chapter 251
of the Laws of 1975;[1] and if common open space lot or lots are included in the
application, a separate map showing the individual lot or lots that
are to be designated as common open space, which map shall have shown
thereon the data listed on the Application Checklist in Appendix A.[2]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
[2]
Editor's Note: The Application Checklist is included as an attachment to this chapter.
(2)
Where utility services are to be extended to the development,
the final plat shall be accompanied by letters directed to the Chairman
of the approving authority and signed by a responsible officer of
the water company, sewer authority and utility which provides gas,
telephone and electricity that has jurisdiction in the area. Such
letters shall approve each proposed utility installation design and
state who will construct the facility.
(3)
The final plat shall be accompanied by a statement
by the Borough Engineer that he is in receipt of a map showing all
utilities and other improvements (both in the development and off-tract
improvements) in exact location and elevation; that he has examined
the street, drainage erosion, stormwater control and excavation plans
and found that the interests of the Borough and of nearby properties
are fully protected and identifying those portions of any improvements
already installed; and that the developer has either:
B.
Action by approving authority of final subdivision
plat.
(1)
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified within 45 days of submission. (See § 300-11.) If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat, and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a minor or exempt subdivision or minor or exempt site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.
(2)
Final approval shall be granted or denied within 45
days after submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. An approved final plat shall be signed by the Chairman
and Secretary of the approving authority, or the Vice Chairman or
Assistant Secretary in their absence, respectively. Failure of the
approving authority to act within the period prescribed shall constitute
final approval, and a certificate of the administrative officer as
to the failure of the approving authority to act shall be issued on
request of the applicant. Such certificate shall be sufficient in
lieu of the written endorsement or other evidence of approval herein
required and shall be so accepted by the county recording officer
for purposes of filing subdivision plats.
(3)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such a
period the plat shall have been duly filed by the developer with the
county recording officer. The approving authority may for good cause
shown extend the period for recording for an additional period not
to exceed 190 days from the date of the signing of the plat. No subdivision
plat shall be accepted for filing by the county recording officer
until it has been approved by the approving authority as indicated
on the instrument by the signature of the Chairman and Secretary of
the approving authority, or the Vice Chairman or Assistant Secretary
in their absence, respectively, or a certificate has been issued as
to the failure of the approving authority to act within the required
time. The signatures of the Chairman and Secretary shall not be affixed
until the developer has posted the required guaranties. If the county
recording officer records any plat without such approval, such recording
shall be deemed null and void, and, upon request of the municipality,
the plat shall be expunged from the official records. It shall be
the duty of the county recording officer to notify the Planning Board,
in writing, within seven days of the filing of any plat, identifying
such instrument by its title, date of filing and official number.
(4)
Provided that the approved final subdivision plat
has been filed with the county recording officer, the zoning requirements
applicable to the preliminary approval first granted to a site plan
or a major subdivision and all other rights conferred upon the developer
pursuant to the Municipal Land Use Law, whether conditionally or otherwise,
shall not be changed for a period of two years after the date of final
approval. If the developer has followed the standards prescribed for
final approval, the approving authority may extend such period of
protection for extensions of one year, but not to exceed three extensions.
Upon granting of final approval, the rights conferred upon the applicant
by the granting of preliminary approval shall be terminated upon final
approval.
(5)
Provided that the approved final plat of a minor subdivision
has been filed with the county recording officer, 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.
(6)
Upon final approval by the Planning Board and after
all required signatures are placed on the original tracing, the administrative
officer shall request the Borough Engineer to have one cloth print
and Mylar reproducible and 10 copies each made of such final plat
and file a copy thereof with each of the following: The administrative
officer of the Board, the Engineer of the Board, Borough Clerk, Construction
Official, Tax Assessor, Board of Health, Shade Tree Commission, and
any other agency or person directed by the approving authority.
A.
Filing procedure.
(1)
The site plan and an application for final approval
shall be submitted to the proper administrative officer with the required
fee. If there have been no changes in the approved preliminary site
plan, the same plan may be used in connection with the application
for final approval and no further final plan shall be required for
approval. Five white prints (blue- or black-on-white) of the site
plan shall accompany the application. Four completed copies of the
application form and final plat checklist must be submitted along
with the prints. The performance guaranty approved by the governing
body, including off-tract improvements, if any; any maintenance guaranties;
the applicable fee; certification by the Tax Collector that all taxes
are paid to date; certification by the Soil Conservation District
pursuant to the Soil Erosion and Sediment Control Act, Chapter 251
of the Laws of 1975.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
(2)
Where utility services are to be extended to the development,
the final site plan shall be accompanied by letters directed to the
Chairman of the approving authority and signed by a responsible officer
of the water company, sewer authority and utility which provides gas,
telephone and electricity that has jurisdiction in the area. Such
letters shall approve each proposed utility installation design and
state who will construct the facility.
(3)
The final site plan shall be accompanied by a statement
by the Borough Engineer that he is in receipt of a map showing all
utilities and other improvements (both in the development and off-tract
improvements) in exact location and elevation; that he has examined
the street, drainage erosion, stormwater control and excavation plans
and found that the interests of the Borough and of nearby properties
are fully protected and identifying those portions of any improvements
already installed; and that the developer has either:
B.
Action by approving authority on final site plan.
(1)
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified within 45 days of submission. (See § 300-11.) If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat, and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a minor subdivision or minor site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.
(2)
Final approval shall be granted or denied within 45
days after submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. An approved final plat shall be signed by the Chairman
and Secretary of the approving authority, or the Vice Chairman or
Assistant Secretary in their absence, respectively. Failure of the
approving authority to act within the period prescribed shall constitute
final approval, and a certificate of the administrative officer as
to the failure of the approving authority to act shall be issued on
request of the applicant. Such certificate shall be sufficient in
lieu of the written endorsement or other evidence of approval herein
required and shall be so accepted by the county recording officer
for purposes of filing subdivision plats.
(3)
The zoning requirements applicable to the preliminary
approval first granted to a site plan and all other rights conferred
upon the developer pursuant to the Municipal Land Use Law, whether
conditionally or otherwise, shall not be changed for a period of two
years after the date of final approval. If the developer has followed
the standards prescribed for final approval, the approving authority
may extend such period of protection for extensions of one year, but
not to exceed three extensions. Upon granting of final approval, the
rights conferred upon the applicant by the granting of preliminary
approval shall be terminated upon final approval.
(4)
Upon final approval by the approving board, a copy
of the plat shall be filed with each of the following: the administrative
officer of the Board, the Engineer of the Board, Borough Clerk, Construction
Official, Tax Assessor, and any other agency or person directed by
the approving authority.
A.
Preparation. After installation of the improvements
required by this chapter, the subdivider or applicant for site plan
approval shall cause to be prepared, signed and sealed by a licensed
professional engineer of the State of New Jersey plans showing the
location, as built, of all improvements required by this chapter,
including, without intending to limit the generality hereof, the location
of water mains, gas mains and underground supply lines for light,
power and telephone service, septic systems, well heads and package
treatment plans and all of their appurtenances.
B.
Alternative. In lieu of providing the foregoing as-built
plans, the applicant's engineer may certify by letter addressed to
the Board that the improvements have been constructed within the approved
preliminary plat and final plat in the case of a subdivision and the
approved final plat in the case of a site plan. In the event of any
changes from the approved preliminary or approved final plat in the
case of a subdivision, such plats shall be resubmitted to the approving
board, in all details to show all such changes, duly signed and sealed
by a licensed professional engineer of the State of New Jersey.
[Added 11-10-2009 by Ord. No. 1464; amended 4-4-2017 by Ord. No. 1701]
A.
Plans submitted to the Planning Board and Board of Adjustment, including
all revisions and resubmissions, shall also be submitted in Adobe
portable document format (pdf). All other documents such as, but not
limited to, application, escrow sheet, completion checklist, environmental
impact study, traffic study, stormwater report, sewer and water report,
reforestation or woodland management plan, and permits associated
with the application shall be submitted in Adobe portable document
format (pdf). All plans and documents submitted in Adobe portable
document format (pdf) shall be at 600 by 600 dots per inch (dpi),
and shall be submitted on compact disk (CD-R).
B.
In addition, plans for major or minor subdivisions, or any plans
that would require a change to the municipal tax assessment maps,
shall be accompanied by CAD-generated data files as described herein.
At a minimum, the initial plan submission and the final plan submission
shall meet these requirements. The Board, in its discretion, may also
require plan revisions that occur between initial and final submissions
to be submitted in CAD format. These requirements are as follows:
(1)
Digital data must be submitted in real-world coordinates (ground
coordinates). At least one point on the boundary of the survey must
have true state plane coordinates. This point should be distinctly
noted in the submittal and its coordinate values provided.
(2)
A horizontal datum reference of North American Datum 1983 -
New Jersey U.S. Feet (2011 adjustment - NAD 83) shall be utilized.
Vertical datum shall reference New Jersey North American Vertical
Datum 1988 (NAVD 88). Elevations referencing National Geodetic Vertical
Datum 1929 (NGVD 29) are acceptable, but must include conversion to
NAVD 88.
(3)
The digital CAD files shall have mapped features and associated
text stored on unique layers.
(4)
The digital CAD files shall be saved with a display view matching
the submitted hardcopy prints.
(5)
The digital CAD files shall be submitted on compact disk (CD-R).
(7)
Plans shall include bearings and distances of the whole tract
including proposed roadways, lot lines and easements.
[Added 7-21-2015 by Ord.
No. 1635]
A.
No certificate of occupancy for any dwelling or other
building or structure on any lot shall be issued by the Construction
Official unless and until the street upon which said lot abuts has
been improved to the point where all utilities are installed and in
place, curbing and sidewalks have been installed and the street has
been installed in accordance with the specifications of the Borough,
including the completion of drains, drainage structures and all other
work and improvements required by the Planning Board of the Borough
and the Mayor and Council of the Borough, in accordance with the plans
approved and filed with the Planning Board of the Borough and in accordance
with the agreements with the Borough.
[Amended 2-21-2017 by Ord. No. 1697]
B.
In cases where the topography or other conditions
of the land require a substantial amount of fill to be settled and
consolidated before construction of the street and the installation
of utilities can be undertaken, the Mayor and Council, upon application,
may waive the requirements contained in this section as to any such
street or part thereof so affected.
