[Adopted 12-21-1971 as Ch. XXI of the 1971 Code]
This article shall be known and may be cited
as the "Land Subdivision Ordinance of the Township of Hillside."
The purpose of this article shall be to provide
rules, regulations and standards to guide land subdivision in the
Township of Hillside, in the County of Union, in order to promote
the public health, safety, convenience and general welfare of the
Township. It shall be administered to ensure the orderly growth and
development, the conservation, protection and proper use of land and
adequate provision for circulation, utilities and services.
[Amended 5-31-1977 by Ord. No. G-112-77]
The provisions of this article shall be administered by the Planning Board and Board of Adjustment of the Township of Hillside, New Jersey, in accordance with Chapter 291 of the Laws of 1975,[1] and any amendments or supplements thereto.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 5-31-1977 by Ord. No. G-112-77]
For purpose of this article, unless the context
clearly indicates a different meaning, the terms and words hereinafter
set forth shall be defined as follows:
The Township Clerk unless a different Township official is
designated by ordinance or statute, although all applications fees
and accompanying items shall be submitted to the Township Building
Department unless otherwise specified.
[Amended 10-21-2003]
A developer submitting an application for development.
The application form and all accompanying documents required
by this article for a complete application for approval (preliminary
or final) of a subdivision plat (minor or major), site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
An incomplete application shall not be considered an "application"
for purposes of this article, and the time for approving or denying
such application shall not commence to run until a complete application
is submitted.
The area bounded by one or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required by Article II, Zoning, of this chapter and as further defined herein.
The Board established pursuant to Article II, Zoning, of this chapter. When such Board is referred to hereunder in connection with development applications, "Board of Adjustment" and "Planning Board" are interchangeable, according to which Board has jurisdiction over such applications pursuant to this article.
[Amended 10-21-2003]
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A governmental acquisition of real property or major construction
project.
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. "Common open space" may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
An application form completed as specified by ordinance and
the rules and regulations of the municipal agency and all accompanying
documents required by ordinance for approval of the application for
development, including where applicable, but not limited to, a site
plan or subdivision plat, provided that the municipal agency may require
such additional information not specified in the ordinance or any
revisions in the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the municipal agency. An application shall be certified as complete
immediately upon the meeting of all requirements specified in the
ordinance and in the rules and regulations of the municipal agency
and shall be deemed complete as of the day it is so certified by the
administrative officer for purposes of the commencement of the time
period for action by the municipal agency.
[Added 2-19-1980 by Ord. No. G-176-80]
A use permitted in a particular zone district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this article and in Article II, Zoning, of this chapter and upon the issuance of an authorization therefor by the Planning Board.
[Amended 10-21-2003]
A licensed professional engineer of the State of New Jersey
and approved for professional counsel by the Planning Board or Township
who may be hired by the Township.
A development other than a planned development.
The County Planning Board as defined in Section 1 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.1 et seq.).
[Added 2-19-1980 by Ord. No. G-176-80]
A right-of-way dedicated to public use to facilitate pedestrian
access through a subdivision or over or under a railroad or other
public right-of-way.
See "street."
Calendar days.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure and any
use or change in the use of any building or other structure or land
or extension or use of land for which site plan approval, subdivision
approval, a variance, conditional use approval or any other permit
or permission is required pursuant to this article.
The provisions of this article and any other zoning, subdivision,
site plan, Official Map revision or ordinance or any other Township
regulation of the use and development of land in the Township or any
amendment thereto adopted and filed pursuant to this article or the
Municipal Land Use Law.
[Amended 10-21-2003]
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
A building or part thereof having cooking, sleeping and sanitary
facilities for one family.
A use or burden imposed on real property by deed or other
legal means to permit the use of land by the public, a corporation
or particular persons for specified uses or for a right-of-way.
The official action of the Planning Board (or the Board of
Adjustment when applicable) taken on a preliminary approved major
subdivision or site plan after all conditions, engineering plans and
other requirements have been completed or fulfilled, including payment
of all required fees, and the improvements required to be completed
prior to final approval have been installed and performance guaranties
properly posted for their completion for those improvements which
may be completed following final approval, together with the posting
of all required maintenance guaranties.
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations, and which if approved shall be filed with
the Clerk of the County of Union for recording in accordance with
law.
The Township Committee of the Township of Hillside.
Any person, whether residing within or without the Township
of Hillside, whose right to use, acquire or enjoy property is or may
be affected by any action taken under this article or the Municipal
Land Use Law,[1] or whose rights to use, acquire or enjoy property under
this article or the Municipal Land Use Law or under any other law
of this state or of the United States have been denied, violated or
infringed by an action or a failure to act under this article or the
Municipal Land Use Law.
Includes improvements and fixtures on, above or below the
surface.
A designated parcel, tract or area of land established by
an approved subdivision plat or otherwise, as permitted by law, and
which may be lawfully used, sold, developed or built upon as a single
unit.
[Amended 10-21-2003]
Security, other than cash, which may be accepted by the Township
as required by this article. "Maintenance guaranty" shall be in the
form of maintenance bond(s) with surety and in form satisfactory to
the Township Committee and approved by the Township Attorney.
Any subdivision which does not meet the requirements of a
minor subdivision under this article.
A composite of one or more written or graphic proposals for
the development of the Township and prepared and adopted (following
public hearing) and from time to time amended by the Planning Board
of the Township of Hillside pursuant to N.J.S.A. 40:55D-28 of the
Municipal Land Use Law.
[Amended 10-21-2003]
[Added 2-19-1980 by Ord. No.
G-176-80]
A development plan of one or more lots which:
Proposes new development within the scope of
development specifically permitted by ordinance as a minor site plan.
Does not involve planned development, any new
street or extension of any off-tract improvement which is to be prorated
pursuant to N.J.S.A. 40:55D-42.
[Amended 10-21-2003]
Contains the information reasonably required
in order to make an informed determination as to whether the requirements
established by ordinance for approval of a minor site plan have been
met.
[Amended 2-19-1980 by Ord. No.
G-176-80]
A subdivision of land that does not involve:
More than three lots fronting on an existing
street;
A planned development;
Any new street; or
The extension of any off-tract improvement,
including but not limited to water, sewer, drainage and street improvements,
the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42;
and
Does not adversely affect the development of
the remainder of the parcel (tract) or adjoining property and is not
in conflict with the Township Master Plan or Official Map.
The Planning Board, Board of Adjustment or Township Committee
of the Township of Hillside when acting pursuant to this article.
The Township of Hillside.
A map adopted by the Township Committee by ordinance pursuant
to N.J.S.A. 40:55D-32.
[Amended 10-21-2003]
Proof of the notification of all property owners affected
by a proposed subdivision within the limits defined in this article
by either personal service in accordance with the rules of the Court
of New Jersey or by registered mail or certified mail, return receipt
requested, and the requirements to have a notice of the public hearing
published in a newspaper of general circulation within the Township
at least 10 days prior to the hearing.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such "open space," provided that
such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements that are designed
to be incidental to the natural openness of the land.
Any individual, firm, association, syndicate, partnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings as an
applicant to develop and/or subdivide the same under this article.
An open area, other than a street or other public road or
way, used for the parking of motor vehicles, including access drives
or aisles for ingress and egress thereto and therefrom.
The security which may be accepted to guarantee the completion
of the required improvements before the Planning Board approves the
plat and shall include performance bonds with a responsible surety
company authorized to do business in the State of New Jersey or escrow
agreements secured by cash, certified check or cashier's check.
Any person, individual, business entity, partnership, association,
corporation, company, organization or legal entity of any kind or
nature.
The Planning Board of the Township of Hillside. When such
Board is referred to hereunder in connection with the review of development
applications, "Board of Adjustment" and "Planning Board" are interchangeable
according to which Board has jurisdiction over such applications pursuant
to this article.
The map or maps of a subdivision or site plan, including
those submitted for either preliminary or final approval or, in the
case of major subdivisions, for sketch plat review.
The official action of the Planning Board (or the Board of
Adjustment when applicable) granting preliminary approval to a site
plan or major subdivision prior to a grant of final approval and conferring
certain rights pursuant to this article.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate Township public body,
or any amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical and to lessen nonpoint
pollution.
[Amended 10-21-2003]
An open space area conveyed or otherwise dedicate to the
Township, a Township agency, board of education, state or county agency
or other public body for recreational on conservational uses.
The majority of the full authorized membership of the Planning
Board, Board of Adjustment, Township Committee or other Township body
acting pursuant to this article or the Municipal Land Use Law.[2]
A parcel of undeveloped land designated for dedication as
a public use.
A permitted reduction in lot size and lot area requirements in major subdivisions in accordance with the requirements of Article II, Zoning, of this chapter in which the density requirements are maintained and where all resulting undeveloped land within said subdivision or a section thereof is set aside for a common or public open space as an appurtenance.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
The alteration of any streets or the establishment
of any new streets made and approved or recorded according to law
but does not include conveyances so as to combine existing lots by
deed or other instrument.
The land and space required on the surface, subsurface and
overhead for the construction and installation of materials necessary
to provide passageway for vehicular traffic, pedestrians, utility
lines, poles, conduits and mains, signs, trees and shrubbery, the
proper amount of light and air as established by local authorities
and other purposes, whether for immediate use or to be held for future
use. Street "rights-of-way" shall be measured from lot line to lot
line. (See also "easement.")
N.J.S.A. or New Jersey Statutes Annotated; these terms are
used interchangeably herein, and any statutory reference employing
any one of these terms shall refer either to the appropriate section
of the New Jersey statutes or amendments thereto as the context shall
require.
The lands required for the installation, maintenance and
repair of sanitary sewers.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A development plan not involving a subdivision for one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways, the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices and all other information required by Article II, Zoning, § 188-37, of this chapter to permit the Planning Board to make informed determinations in reviewing and approving site plans pursuant to this article.
A committee of at least three Planning Board members appointed
by the Chairman of the Board for purposes of reviewing site plans
for a report back to the entire Board and such other duties relating
to land development which may be conferred on this Committee by the
Board and the Board's rules, regulations and/or bylaws.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of preliminary discussion and review in accordance
with this article.
As defined in N.J.S.A. 40:55D-7.
[Amended 10-21-2003]
A minor way used primarily for vehicular service access to
the back or side of properties otherwise abutting on a street.
Used primarily for fast or heavy volumes of traffic and are
those used generally to proceed between major urban centers or other
larger areas of development as commercial centers, industrial areas
and concentrated residential communities through or around the locality
of the Township.
Those which carry traffic from local streets to the arterial
streets, including the principal entrance streets of a residential
development, and are designed to have considerable continuity and
traffic capacity.
A local dead end terminating in a circular or other turnaround
areas.
The dividing line between the street and a lot. Where title
to land extends to the center of the street, the side line of such
street shall be deemed the "street line."
Lightly traveled streets which need not be used for general
traffic circulation.
A continuous local street whose entrance and exit are parallel
or nearly parallel to each other.
Streets which are parallel to and adjacent to arterial streets
and highways and which provide access to abutting properties and protection
from through traffic.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
Any individual, association, corporation or other legal entity
commencing proceedings to subdivide a lot, tract or parcel according
to the provisions of this article.[3]
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other division of land for sale or development.
The term "subdivision" includes the term "resubdivision." The following
shall not be considered "subdivisions" within the meaning of this
article if no new streets are created:
[Amended 2-19-1980 by Ord. No. G-176-80; 10-21-2003]
Divisions of property by testamentary or intestate
provisions.
Divisions of property by court order, including
but not limited to judgments or foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots,
tracts or parcels of land owned by the same person or persons and
all of which are found and certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map of the Township of Hillside.
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing subdivisions
for report back to the entire Board and such other duties relating
to subdivisions which may be conferred on such Committee by the Board
and the Board's rules, regulations and/or bylaws.
The Township of Hillside in the County of Union and the State
of New Jersey.
The governing body (Township Committee) of the Township of
Hillside.
The engineer designated by the Township Committee as the
Township Engineer.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
[Added 2-19-1980 by Ord. No. G-176-80]
Permission granted by the Board of Adjustment or the Planning
Board (as the case may be) to depart from the literal requirements
of the zoning regulations applicable to the land or property which
is the subject of the development plan for which a variance is sought
pursuant to this article.
A document signed by the appropriate administrative officer of the Township which is required by ordinance or regulation of the Township as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of Article II, Zoning, of this chapter or variance therefrom, duly authorized by either the Board of Adjustment or Planning Board pursuant to this article and the Municipal Land Use Law.[4]
[Amended 5-31-1977 by Ord. No. G-112-77]
A.Â
Municipal Land Use Law definition. Whenever a term or word used in this article is not specifically defined in § 188-4 of this article but is defined in the Municipal Land Use Law (Chapter 291 of the Laws of 1975),[1] such term or word shall be given the meaning set forth
in the definition of the same as found in said law, unless a different
meaning is clearly indicated from the context of this article.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.Â
Zoning Ordinance definitions. Except to the extent
inconsistent with definitions contained herein and in the Municipal
Land Use Law,[2] terms or words used in this article insofar as they relate to the Zoning Regulations of the Township are intended to have the meaning set forth in the definitions of the same as contained in Article II, Zoning, of this chapter, as amended.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 10-21-2003]
The Official Map shall be deemed conclusive
with respect to the location and width of streets and public drainage
ways and the location and extent of flood control basins and public
areas, including public parks, playgrounds, trails, paths and other
recreational areas, public open spaces, scenic and historic sites,
sites for schools and other public buildings and structures, whether
or not such streets, ways, basins or areas are improved or unimproved
or are in actual physical existence. Upon receiving an application
for development, the Township may reserve for future public use any
such streets, ways, basins and areas in the manner provided in N.J.S.A.
40:55D-32.
[Amended 5-31-1977 by Ord. No. G-112-77]
A.Â
Filing.
(1)Â
Applications for minor subdivision approval shall be filed with the Secretary of the Planning Board, together with the required minor subdivision application fee as specified in § 188-15E of this article. Three copies of the application shall be filed, together with 12 copies of the minor subdivision plat, plus one Mylar, meeting the design and detail requirements of § 188-9 of this article. In addition, at the time of filing, but in no event less than 10 days prior to the date set for public hearing, if a hearing is required pursuant to this article, applicant shall file such additional information, plats, maps, drawings and other documents as is required by this article or as may be required to be filed by the rules and regulations of the Planning Board, not inconsistent with the requirements of this article.
[Amended 10-21-2003]
(2)Â
If the applicant is not the owner of all of the lands
which are the subject of the proposed subdivision, all owners shall
either join in the application or indicate on the application that
they consent to such application. Proof of ownership in the form of
an affidavit or other form satisfactory to the Planning Board shall
be furnished with the application.
(3)Â
The Secretary of the Planning Board shall retain the
fee on behalf of the Township, recording on the application the amount
and date of receipt, and shall immediately forward the application
and all copies of the plat to the Planning Board.
(4)Â
Applications shall be filed upon forms provided by
the Planning Board and shall be obtainable from the Building Department.
(5)Â
Applications shall be filed not less than 21 days
prior to the date of the regular monthly meeting of the Planning Board
at which consideration of the application is desired.
B.Â
Processing.
(1)Â
Upon the filing of all of the foregoing documents and the payment of the requisite fees, the application shall be deemed complete. If the application for minor subdivision approval is found to be incomplete or otherwise unsatisfactory or in need of amendment to meet the requirements of this article and/or the reasonable demands of the Planning Board consistent herewith and with Chapter 291 of the Laws of 1975,[1] the applicant shall be notified thereof by the Secretary
of the Planning Board within 45 days of submission of such application
or it shall be deemed to be properly submitted.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)Â
If the Planning Board determines that the application conforms to the definition of "minor subdivision" in § 188-4 of this article and meets all the requirements for minor subdivisions as contained in this article and is a complete application for minor subdivision approval, the Planning Board shall retain two copies of the plat and forward copies of the plat to the following for review and comment: the County Planning Board, Township Engineer, Township Tax Assessor, Township Construction Official, Planning Board Engineer, Township Board of Health, Township Planning Board Attorney and all other state, county and Township offices and departments having jurisdiction thereof, as required by law or by the provisions of this article, for their reports and recommendations. Concerning the proposed subdivision, the reports shall be presented to the Planning Board at a regularly scheduled meeting on the application. If a report disapproves of the application, detailed reasons for the disapproval must be set forth. Reports shall be filed with the Planning Board within 30 days of receipt of the subdivision plan and related documents. In appropriate cases, as may be determined by the Planning Board, one or more of the above-listed referrals may be eliminated, except the County Planning Board, if because of the nature and extent of the subdivision one or more of such reports is not necessary.
[Amended 10-21-2003]
C.Â
D.Â
Action upon application for minor subdivision approval:
time limitations.
(1)Â
Following receipt and consideration of the reports received or the expiration of 30 days without receipt of any such report(s), the holding of a public hearing pursuant to §§ 188-54, 188-55 and 188-56 of this chapter, if such a hearing is required, and amendments and changes, if any, made in the minor subdivision plat in accordance with the reasonable demands of the Planning Board consistent with this article and the Municipal Land Use Law,[2] if the proposed minor subdivision complies with this article
and said Land Use Law, the Planning Board shall grant approval.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)Â
Upon the submission of a complete application, the
Planning Board shall grant or deny an application for minor subdivision
approval within 45 days from the date of such submission or within
such further time as may be consented to by the applicant in writing.
Otherwise the Planning Board shall be deemed to have granted minor
subdivision approval, and a certificate of the Secretary of the Planning
Board as to the failure of the Planning Board to act within the prescribed
time shall be issued upon the request of the applicant and shall be
sufficient evidence of approval for any and all purposes.
(3)Â
Whenever review or approval of the application by
the County Planning Board is required by 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.
(4)Â
If a minor subdivision application is denied approval,
the reasons for denial shall be noted on all copies of the application
form (or on the minor subdivision plat or an attachment thereto),
one of which shall be returned to the applicant.
(5)Â
If a minor subdivision application is approved, a
notation to that effect shall be made upon the minor subdivision plat,
including date of approval, and signed by both the Chairman and the
Secretary of the Planning Board, and such a signed copy shall be returned
to the applicant.
(6)Â
Approved minor subdivision plan: distribution. Prior
to approval, the applicant shall be required to furnish to the Planning
Board six copies plus one reverse line sepia of the plat in final
form to permit distribution of one copy to each of the following:
E.Â
Performance and maintenance guaranties.
(1)Â
As a condition for minor subdivision approval, the
Planning Board may require the furnishing of a performance guaranty
in favor of the Township in an amount not to exceed 120% of the cost
of installation of such improvements as the Planning Board may require
as a condition for approval, as estimated by the Township Engineer,
which the Planning Board may deem necessary or advisable to insure
the installation of the same for the protection of the health, safety
and welfare of the residents of the Township and other persons who
may be affected by or use the subdivision which is the subject of
minor subdivision approval.
(2)Â
As a condition for minor subdivision approval, the
Planning Board may require the furnishing of a maintenance guaranty
for a period not to exceed two years after final acceptance by the
Township of the improvements in question in an amount not to exceed
15% of the cost of the improvements, as estimated by the Township
Engineer.
F.Â
Effect of minor subdivision approval.
(1)Â
Approval of a minor subdivision shall expire 190 days
from the date on which the resolution of the Planning Board is adopted
unless an extension as provided in N.J.S.A. 40:55D-47f and g has been
granted or unless within such time a plat in conformity with such
approval and the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9
et seq.) or a deed or other instrument clearly describing the approved
minor subdivision is filed by the developer with the County Clerk
of Union County, the Municipal Engineer and the Municipal Tax Assessor.
Any such plat, deed or other instrument must be signed by the Chairman
and Secretary of the Planning Board before it can be accepted for
filing with the County Recording Officer.
[Amended 10-21-2003]
(2)Â
Minor subdivision approval, provided it is duly recorded as provided in § 188-7F(1) above, shall protect the applicant for a period of two years from the date of approval from changes in the zoning requirements and the general terms and conditions of approval, including but not limited to use requirements, lot size and yard dimensions.
(3)Â
Lands resulting from minor subdivision. Any lands,
lots or parcels forming a part of a previously approved minor subdivision
may not be resubmitted as part of a new minor subdivision for a period
of 24 months from the date of initial approval as a minor subdivision.
[Amended 5-31-1977 by Ord. No. G-112-77]
A.Â
Submission. A sketch plat of all major subdivisions
may be submitted for preliminary discussion before the preliminary
plat is prepared. This step is recommended by the Planning Board;
however, it is not a mandatory requirement and an applicant may file
an application for preliminary major subdivision approval without
first submitting a sketch plat. As its name indicates, the sketch
plat is designed to enable the Planning Board and the applicant to
discuss principles involved before the applicant has gone to the expense
of completing detailed engineering drawings. The Planning Board will
review the sketch plat, refer the same to the Township Engineer, Township
Planning Board Consultant and such other persons or agencies as the
Planning Board deems appropriate for their comments and suggestions
and provide the applicant with a report of its review within 45 days
of receipt of such sketch plat.
B.Â
Review. The Planning Board in reviewing such a sketch
plat will endeavor to indicate which aspects of the proposed subdivision
it approves and which it disapproves and the reasons for the same.
C.Â
Sketch plat not binding on Board. Any sketch plat
approval shall be tentative and not binding on the Planning Board
and shall be subject to change but will enable the applicant to proceed
on a reasonable, sound basis.
D.Â
Time limits. Submission of a sketch plat shall not
be considered an application for preliminary approval and shall not
commence the running time limits (45 or 95 days, as the case may be)
within which the Planning Board must act upon preliminary major subdivision
applications.
E.Â
Applications for preliminary major subdivision approval.
(1)Â
Filing.
(a)Â
Applications for preliminary major subdivision approval shall be filed with the Building Department, together with the required preliminary major subdivision application fee. Three copies of the application shall be filed, together with 15 copies of the preliminary major subdivision plat, plus one Mylar. In addition, at the time of filing, but in no event less than 10 days prior to the date set for the public hearing as required by §§ 188-54, 188-55 and 188-56 of this chapter, the applicant shall file such additional information, plats, maps, drawings and other documents as may be required by the Planning Board, not inconsistent with the requirements of this article.
[Amended 10-21-2003]
(b)Â
If the applicant is not the owner of all of
the lands which are the subject of the proposed subdivision, all owners
shall either join in the application or indicate on the application
that they consent to such application. Proof of ownership in the form
of an affidavit or other form satisfactory to the Planning Board shall
be furnished with the application.
(c)Â
Applications shall be filed upon forms provided
by the Planning Board and shall be obtainable from the Building Department
office.
(d)Â
Applications shall be filed not less than 14
days prior to the date of the regular monthly meeting of the Planning
Board at which consideration of the application is desired.
(2)Â
Processing.
(a)Â
Upon the filing of all of the foregoing documents and the payment of the requisite fees, the application shall be deemed complete. If the application for preliminary major subdivision approval is found to be incomplete or otherwise unsatisfactory or in need of amendment to meet the requirements of this article and/or the reasonable demands of the Planning Board consistent herewith and with Chapter 291 of the Laws of 1975, the applicant shall be notified, in writing, of the deficiencies therein by the Secretary or Clerk of the Planning Board for the determination of completeness within 45 days of submission of such application or it shall be deemed to be properly submitted.
[Amended 2-19-1980 by Ord. No. G-176-80]
(b)Â
Upon receipt of a complete application for preliminary
major subdivision approval, the Planning Board shall retain two copies
of the preliminary plat and forward copies of such plat and related
documents to the following for review and comment: Township Planning
Board Consultant, Township Engineer, County Planning Board (along
with reverse line sepia of plat), Township Board of Health, Township
Tax Assessor, Township Planning Board Attorney, County Soil Conservation
District, Township Chief of Police, Township Fire Chief, Township
Water Department or agency furnishing water to subdivision and such
other state, county and Township offices and departments having jurisdiction
thereof, as required by law or by the provisions of this article,
for their reports and recommendations concerning the proposed subdivision.
The reports shall be presented to the Planning Board at a regularly
scheduled meeting on the application. If a report disapproves of the
application, detailed reasons for the disapproval must be set forth.
Reports shall be filed with the Planning Board within 30 days of receipt
of the preliminary plat and related documents.
[Amended 10-21-2003]
(3)Â
Hearings on applications for preliminary major subdivision
approval.
(a)Â
A public hearing shall be held on all applications
for preliminary major subdivision.
(c)Â
If the Planning Board or Zoning Board of Adjustment
requires substantial amendment in the layout of improvements proposed
by the subdivider that have been the subject of a hearing, an amended
application for development shall be submitted and processed, as in
the case of the original application for development.
(4)Â
Action upon application for preliminary major subdivision
approval.
(a)Â
Following receipt and consideration of the reports received pursuant to § 188-8A of this article or the expiration of 30 days without receipt of any such reports, the holding of a public hearing pursuant to §§ 188-54, 188-55, 188-56 and 188-57 of this chapter and amendments and changes, if any, made in the preliminary plat in accordance with the reasonable demands of the Planning Board consistent with this article and the Municipal Land Use Law (Chapter 291 of the Laws of 1975),[1] if the proposed major subdivision complies with this article
and said Land Use Law, the Planning Board shall grant preliminary
approval.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(b)Â
Upon submission of a complete application for
preliminary major subdivision approval of this article if so required
by the Planning Board 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
applicant in writing. Upon submission of a complete application for
preliminary major subdivision approval 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 applicant in writing. Otherwise, the Planning Board shall
be deemed to have granted preliminary major subdivision approval,
and a certificate of the Secretary of the Planning Board as to the
failure of the Planning Board to act within the prescribed time shall
be issued upon the request of the applicant and shall be sufficient
evidence of preliminary approval for any and all purposes.
(c)Â
Whenever review or approval of the application
by the County Planning Board is required by 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)Â
If an application for major subdivision approval
is denied approval, the reasons for denial shall be noted on all copies
of the application form (or on the preliminary plat or an attachment
thereto), one of which shall be returned to the applicant.
(e)Â
If an application for preliminary major subdivision
approval is approved, a notation to that effect shall be made upon
the major subdivision plat, including date of approval, and signed
by both the Chairman and Secretary of the Planning Board (following
indication of approval thereon by the Township Engineer), and such
a signed copy shall be returned to the applicant.
(f)Â
Notification and distribution of preliminary
plan as approved.
[1]Â
The Planning Board upon the grant of preliminary
approval shall notify the following:
[2]Â
If the plat as finally granted preliminary approval
has been modified or amended since the date of original distribution
to the above officials and bodies, copies of the revised form as granted
preliminary approval shall be distributed to each official and body
listed above, and the applicant shall be required to furnish the Planning
Board with sufficient copies, plus one reverse line sepia, for such
purpose prior to the grant of final approval.
(5)Â
Effect of preliminary major subdivision approval.
(a)Â
Preliminary approval shall protect the applicant,
for a three-year period from the date on which the resolution of the
Planning Board preliminary approval is adopted, from changes in the
general terms and conditions on which preliminary approval was granted,
including but not limited to use requirements; layout and design standards
for streets, curbs and sidewalks; lot size; yard dimensions and off-tract
improvements; and any requirements peculiar to such preliminary subdivision
plat approval. However, nothing herein shall be construed to prevent
the Township from modifying by ordinance such general terms and conditions
of preliminary approval as relate to public health and safety.
[Amended 10-21-2003]
(b)Â
The applicant may submit for final subdivision
approval on or before the expiration date of preliminary approval
the whole or a section or sections of the preliminary major subdivision
plan.
(c)Â
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. In addition, extensions
of preliminary approvals of subdivisions of 50 acres or more pursuant
to N.J.S.A. 40:55D-49d shall be permitted.
[Amended 10-21-2003]
F.Â
Applications for final major subdivision approval.
(1)Â
Installation of improvements completed.
(a)Â
No application for final major subdivision approval
shall be filed until the applicant shall have installed all on-site
and off-site improvements required as a condition of preliminary approval
in accordance with this article. Such installation shall have been
accomplished under the supervision and inspection of the Township
Engineer and a certificate of satisfactory completion filed by the
Township Engineer with the Planning Board.
(b)Â
The applicant, however, shall be permitted by
the Planning Board to post adequate performance guaranties to assure
the completion and installation of the improvements as set forth in
N.J.S.A. 40:55D-53a(1), or incomplete portions of such improvements,
in lieu of the completion of the same prior to applying for and securing
final subdivision approval.
[Amended 10-21-2003]
(2)Â
Filing. Applications for final subdivision approval shall be submitted at any time (subsequent to the complete installation of all improvements as required by § 188-8F of this article) prior to the expiration date of preliminary approval. One original tracing, one translucent cloth copy, two cloth prints and 15 black-and-white prints of the final map shall be filed.
(3)Â
Decision.
(a)Â
The Planning Board shall act upon the application
and deny or grant final subdivision approval within 45 days of the
submission of a complete application or within such further time as
may be consented to by the applicant in writing.
(b)Â
Failure of the Planning Board to act within
this forty-five-day period shall constitute final approval, and a
certificate of the Secretary of the Planning Board as to the failure
of the Planning Board to act within the prescribed time shall be issued
upon the request of the applicant and shall be sufficient evidence
of final approval for any and all purposes, and shall be so accepted
by the county recording officer for purposes for filing final major
subdivision plats.
(c)Â
A public hearing shall not be required on any
application for final subdivision approval, except those where there
is substantial changes in the plan which was previously granted preliminary
approval. In such instances, a new hearing shall be held and all the
procedures required for preliminary subdivision approval shall be
followed.
(d)Â
Whenever review or approval of the application
by the County Planning Board is required by 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.
(e)Â
The denial or granting of final approval shall
be noted on the application and final plat.
(f)Â
Notification and distribution of final plan
as approved.
[1]Â
The Planning Board upon the grant of final approval
shall notify the following:
[2]Â
If the final plat as finally approved has been
modified or amended since the date of original distribution to the
above officials and bodies, copies of the final form of the final
plat shall be distributed to each official and body listed above,
and the applicant shall be required to furnish the Planning Board
with sufficient copies, plus one reverse line sepia, for such purpose
prior to the grant of final approval.
(4)Â
Effect of final major subdivision approval.
(a)Â
Final approval of a major subdivision shall
remain in full force and effect for a period of two years from the
date on which the the resolution of the Planning Board final approval
is adopted, during which time the zoning requirements applicable to
the preliminary approval first granted and all other rights conferred
as a part of preliminary approval, whether conditional or otherwise,
shall not be changed, provided that the final plat is duly filed with
the County Clerk within 95 days from the date of signing of the same
by the Chairman and Secretary of the Planning Board to indicate final
approval has been granted. Provided that the plat has been so filed
within said ninety-five-day period, and provided that the subdivider
has followed the standards prescribed for final approval, the Planning
Board may extend such period or protection for extensions of one year,
but not to exceed three such extensions. Extensions of final approvals
of subdivisions pursuant to N.J.S.A. 40:55D-52 and 40:55D-54 shall
be permitted.
[Amended 10-21-2003]
(b)Â
Final subdivision approval shall expire at the end of this two-year period [or two-year period as extended pursuant to § 188-8F(4)(a) of this article] with respect to all unfinished sections, unless within this period all improvements required and covered by the approved plan are substantially completed and building permits have been issued and construction is under way and proceeding without interruption with respect to all building lots forming a part of this subdivision for which a certificate of occupancy has not been yet issued.
(5)Â
Performance and maintenance guaranties.
(a)Â
Performance guaranty. As a condition for final subdivision approval, the Planning Board shall require furnishing of a performance guaranty in favor of the Township in an amount not to exceed 120% of the cost of installation of all improvements or portions thereof not completed as of the date of final approval, as estimated by the Township Engineer, limited, however, to those improvements which are not required by § 188-8A of this article to be completed prior to final approval, for the purpose of assuring the installation of the same.
(b)Â
Maintenance guaranty. As a condition for final
subdivision approval, the Planning Board shall require the furnishing
of a maintenance guaranty in favor of the Township for a period not
to exceed two years after acceptance of the improvements by the Township
for those improvements which are to be accepted by and become the
property and responsibility of the Township in an amount not to exceed
15% of the cost of the improvements in question, as estimated by the
Township Engineer.
G.Â
Subdivision plat details and information required.
(1)Â
Sketch plats for major subdivisions. A sketch plat for a major subdivision submitted pursuant to § 188-8 of this article shall be based on Tax Map information or some other similarly accurate base, at a scale (preferably not less than 100 feet to the inch) to enable the entire tract to be shown on one sheet, and shall show or include the following information and documents:
(a)Â
The location of that portion which is to be
subdivided in relation to the entire tract.
(b)Â
All existing structures and wooded areas within
the portion to be subdivided and within 200 feet thereof.
(c)Â
The name and address of the owner and of all
adjoining property owners as disclosed by the most recent tax records.
(d)Â
The Tax Map sheet, block and lot numbers.
(e)Â
The general location of existing or proposed
roads, easements, rights-of-way, streams, drainage ditches, natural
watercourses and public and private wells in and within 200 feet of
the proposed subdivision.
(f)Â
The proposed lot layout and road pattern lot
dimensions and areas of each lot and the areas not proposed as building
lots within the subdivision.
(g)Â
General information regarding approximate date
of start of construction, sections to be first developed and proposed
construction schedule for development of entire subdivision.
(h)Â
Name and address of land surveyor or professional
engineer who prepared plat and date on which prepared or last revised.
(i)Â
Such other information as the Planning Board
may reasonably request to permit a meaningful review in accordance
with the intent and purpose of this article.
(2)Â
Minor subdivision plats. A minor subdivision plat submitted pursuant to § 188-7 of this article shall be clearly and legibly prepared by a licensed New Jersey professional engineer or licensed New Jersey land surveyor and shall be based on Tax Map information or some other similarly accurate base, at a scale (preferably not less than 50 feet to the inch) to enable the entire tract to be shown on one sheet, and shall show or include the following information and documents:
(a)Â
The location of that portion which is to be
subdivided in relation to the entire tract.
(b)Â
All existing structures and wooded areas within
the portion to be subdivided and within 200 feet thereof.
(c)Â
The name and address of the owner and of all
owners of property within 200 feet of the property to be subdivided,
as disclosed by the most recent tax records.
(d)Â
The Tax Map street, block and lot numbers of
their subject property and of all properties within 200 feet of the
property being subdivided.
(e)Â
The location of existing or proposed roads,
easements, rights-of-way, streams, drainage ditches, natural watercourses
and public and private wells in and within 200 feet of the proposed
subdivision.
(f)Â
The lot layout and lot dimensions and area of
each lot in the subdivision.
(g)Â
Provision for endorsement of approval by the
Chairman and Secretary of the Planning Board as required by this article.
(h)Â
In cases where there is a question on the adequacy
of storm drainage, sewage disposal, water supply and other utility
services, the Planning Board may require such additional information
as it deems necessary to pass on the adequacy of any such proposals.
(j)Â
The zone district in which the subdivision in
question is located and the zone district or districts of all the
immediately adjoining properties.
(k)Â
Such other information as the Planning Board
may reasonably request to determine that all minor subdivision requirements
of this article and any other applicable land use regulations have
been satisfied.
(3)Â
Preliminary major subdivision plats. A preliminary major subdivision plat submitted pursuant to § 188-8 of this article shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be drawn by a licensed New Jersey professional engineer or land surveyor. Contour maps and preliminary construction plan including road grades and profiles and utility plans shall be submitted as part of the preliminary plat. Separate maps may be required by the Board for topography, utilities and road details. A soil erosion and sedimentation control plan and environmental impact statement may be included if the Planning Board deems such information necessary. Such plats shall include the following:
(a)Â
Lots. Lot layout, lot dimensions and individual
lot areas in square feet or acres.
(b)Â
Other contents. The tract (subdivision) name,
Tax Map sheet and date or revision date thereof, tax block and lot
numbers, date of plat preparation, reference meridian, graphic scale
and the following names and addresses:
[1]Â
Record owner or owners of property to be subdivided;
if other than an individual, the corporate officers of partners of
other statutory agent.
[2]Â
Subdivider.
[3]Â
Person who prepared map, official seal, signature
and license numbers and telephone numbers.
[4]Â
Owners of property within 200 feet of entire
tract.
(c)Â
Acreage. Acreage of tract to be subdivided to
nearest hundredth of an acre.
(d)Â
Elevations; contours. Sufficient elevations
and contours at five-foot vertical intervals for slopes averaging
10% or greater and at two-foot vertical intervals for land of lesser
slope to determine the general slope and natural drainage of the land
and the high and low points. All contour lines shall be referenced
to New Jersey Geodetic Survey Datum.
(e)Â
Existing and proposed locations. The location
of existing and proposed property lines, streets, buildings, watercourses,
railroads, bridges, culverts, drainpipes and any natural features
such as wooded areas, large trees over 10 inches in diameter and rock
formations. This data shall be determined by field or photogrammetric
survey,
(f)Â
Streets. Plans and profiles shall be at a scale
of one inch equals 40 feet, including cross sections every 50 feet
of all proposed streets, sidewalks and curbs and gutters within the
subdivision and proposed connection with existing or future continuing
streets. The chord bearings, distances, arc lengths and radii of all
curves along all street lines shall be shown to standard surveying
accuracy for a filed map. A plan of traffic circulation shall be included.
(g)Â
Utilities. Plans and profiles of proposed utility
layouts at a scale not smaller than one inch equals 40 feet (water,
gas, storm and sanitary sewers, telephone and electricity), showing
connections to existing or proposed utility systems on a separate
utility sheet.
[1]Â
Electric and telephone utilities. For all major
subdivisions, the applicant shall arrange with the serving utility
(electric, telephone and cable television) for the installation of
the utilities' distribution supply lines, appurtenant equipment and
service connections in accordance with the provisions of the applicable
standard terms and conditions incorporated as a part of its tariff
as the same are then on file with the State of New Jersey Board of
Regulatory Commissioners and shall submit to the Planning Board prior
to the granting of preliminary approval a written instrument from
each serving utility which shall evidence full compliance with the
provisions of this subsection; provided, however, that lots of such
subdivisions which abut existing streets, where overhead electric
or telephone or cable television distribution supply lines have theretofore
been installed on any portion of the streets involved, may be supplied
with electric and telephone and cable television service from such
overhead lines or extensions thereof, but the service connections
from the utilities' overhead lines shall be installed underground
if so required by the Planning Board. The location of access facilities
for servicing the utility in the proposed subdivision shall be developed
in conjunction with and as part of the complete subdivision plan.
The Planning Board shall be empowered to mandate underground installation
of utilities.
[Amended 10-21-2003]
[2]Â
Rights-of-way. Wherever the utility is not installed
in the public right-of-way, an appropriate utility easement not less
than 20 feet in width shall be provided.
(h)Â
Sewers, drains and ditches. Plans and profiles
at a scale of one inch equals 40 feet of all proposed and existing
sanitary sewers, storm drains, drainage ditches and streams within
the subdivision, together with the locations, sizes, elevations, grades
and capacities of any existing sanitary sewer, storm drain, drainage
ditch or stream or watercourse to which the proposed facility shall
be connected. When brook or stream channel improvements are proposed
or required, the plans for such improvement shall be approved by the
State Department of Environmental Protection and Energy and the Union
County Planning Board, where applicable. A map showing the entire
drainage area and the drainage area contributing to each pertinent
drainage structure along with drainage tabulation sheets showing calculations
for each drainage area. Each drainage area shall be marked for identification
purposes.
(i)Â
Off-site improvements. When the development
of the subdivision or improvements within the subdivision are contingent
upon improvements outside the boundaries of said subdivision, information
shall be supplied by the subdivider to the Planning Board prior to
consideration for preliminary approval that the improvements outside
the subdivision are installed and/or will be available to the subdivider.
(j)Â
Setback lines. All required front, rear and
side yard lines shall be shown for all lots.
(k)Â
Deed restrictions. A copy of any protective
covenants or deed restrictions applying to the land being subdivided
shall be submitted with the preliminary plat.
(l)Â
Open space. Any open spaces proposed to be dedicated
for public use or playgrounds or other public purpose and the location
and use of all such property shall be shown on the plat.
(m)Â
Support capability. When deemed necessary to
determine the suitability of the soil to support new construction,
the Planning Board shall require test holes or borings to be made
by a New Jersey licensed engineer or an approved testing laboratory
at the expense of the subdivider under the direction of the Township
Engineer.
(n)Â
Existing buildings and structures.
[1]Â
The plans shall show all existing buildings
and structures and indicate whether they are to remain or be demolished.
[2]Â
Existing utilities. Where there is any existing
structure or dwelling upon the land to be subdivided, the location
of any sewer, water or drainage pipes and the locations of any septic
facilities serving said existing structure or dwelling shall be indicated
on the plat.
(o)Â
Screening; buffer areas. All proposed buffer
areas and screening devices and plantings shall be shown.
(p)Â
Soil erosion and sedimentation control plan in accordance with the provisions of § 188-9 of this article.
(q)Â
Signature spaces. An appropriate place for the
signatures of the Chairman and Secretary of the Planning Board and
Township Engineer for purposes of indicating approval.
(r)Â
Zone district. The zone district in which the
subdivision in question is located and the zone district or districts
of all immediately adjoining properties shall be shown.
(s)Â
Such other information as the Planning Board
may reasonably request to determine that all preliminary major subdivision
requirements of this article and any other applicable land use regulations
have been satisfied.
(4)Â
Final major subdivision plats. A final major subdivision plat submitted pursuant to § 188-8F of this article shall be clearly and legibly drawn at a scale of not less than one inch equals 100 feet and in compliance with all the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.). Final plats shall be drawn by a licensed New Jersey professional engineer or land surveyor and shall generally meet and comply with the requirements for a preliminary major subdivision plat as specified in the above. The final plat shall also show or be accompanied by the following:
(a)Â
Identification. Date, name and key map of the
subdivision, name of owner, graphic scale and reference meridian.
(b)Â
Other contents.
[1]Â
Tract boundary lines; exterior lines or streets,
easements and other rights-of-way; street names; land reserved or
dedicated to public use; all lot lines and other site lines with accurate
dimensions, bearing or deflection angles and radii; arcs and central
angles of all curves based on an actual survey by professional engineer
and/or land surveyor licensed to practice in the State of New Jersey.
All dimensions of the exterior boundaries of the subdivision shall
be balanced and closed to a precision of one to 10,000 and the dimensions
of all lot lines to within one to 20,000. All dimensions, angles and
bearings must be tied to at least two permanent monuments not less
than 300 feet apart, and all information shall be indicated on the
plat.
[2]Â
The names of all property owners within 200
feet as disclosed by the most recent municipal tax records.
[3]Â
All municipal boundary lines crossing or adjacent
to the territory intended to be shown shall be shown and designated.
[4]Â
All natural and artificial watercourses, streams,
and water boundaries and encroachment lines, floodway lines, flood
hazard lines and all easements shall be shown.
(c)Â
Public use. The purpose of any easement or land
reserved or dedicated for public use shall be indicated, and the proposed
use of sites other than residential shall be noted.
(d)Â
Block and lots. All block, lot and house numbers
shall be approved by the Township Engineer and the Tax Assessor and
shall be related to existing block and lot numbers as shown on the
Official Tax Map of the Township.
(e)Â
Setback lines. Minimum building setback lines
on all lots shall be shown.
(f)Â
Approval. When approval of a plat is required
by an officer or body whether municipal, county or state, approval
shall be certified on the plat.
(h)Â
Certification of the engineer or land surveyor
preparing the final plat as required by the Map Filing Law.
(i)Â
All other certifications required by the Map
Filing Law.
(j)Â
Provision for endorsement of approval by the
Chairman and Secretary of the Planning Board as required by this article.
(k)Â
Grading plan. A grading plan showing existing
and final contours at five-foot intervals for slopes averaging 10%
or greater and at two-foot intervals for land of lesser slope shall
be furnished showing how each lot is to be developed.
(l)Â
Performance and maintenance guaranties. Cash and performance bond guaranties and maintenance bond guaranties in accordance with the requirements of § 188-10 of this article, accompanied or preceded by the following in support thereof:
[1]Â
Letter from Township Engineer. A written statement
from the Township Engineer:
[a]Â
Indicating that the Engineer is in receipt of
a map (as-built plans) showing all utilities and improvements in exact
location and elevation identifying those portions already installed
and those to be installed.
[b]Â
That all improvements required by the Planning
Board in connection with this subdivision which must be installed
prior to final approval have been installed and completed in accordance
with the requirements of this article and all other applicable Township
ordinances to the satisfaction of the Township Engineer.
[c]Â
Listing all items which are not yet completed,
setting forth his estimate of the cost to complete each such item,
as well as the total cost thereof, and also stating the plans and
specifications for the completion of such improvements covered by
the performance guaranties meet all applicable Township ordinances.
[d]Â
Indicating the final plat conforms to the preliminary
plat as submitted and approved and that all the terms and conditions
of preliminary approval have been met insofar as the same apply to
engineering considerations and the form of the final plat.
[2]Â
Letter from Building Department specifying total
amount of all fees paid as part of application for final approval,
including, where applicable, construction inspections (by Township
Engineer) and costs.
[3]Â
Cash deposit agreement and performance and maintenance bonds. A copy of the cash deposit agreement and the performance and maintenance bonds duly executed by the subdivider (and surety) in accordance with the requirements of said § 188-10 of this article, containing endorsements thereon by the Township Attorney and Township Committee approving the same as to form (and surety).
(m)Â
Deeds for easements and improvements. Deeds,
free and clear of all mortgages and encumbrances, for:
[1]Â
Any drainage easement, sanitary sewer easement
or utility easement or facility which is required to be provided and
which lies outside of the boundaries of the subdivision tract; and
[2]Â
For all streets, roads, sidewalks, easements,
utilities, facilities and improvements which are within the subdivision
tract and which are to be deeded to the Township or other public agency
as a part of final approval, limited, however, to all such streets,
utilities, facilities and improvements which have been completed as
of date of final approval and accepted by the Township.
H.Â
Certificate of subdivision approval. The Township
Clerk upon receipt of an application, in writing, containing a diagram
showing the location and dimension of the land in question and the
name of the owner shall issue to a prospective purchaser or mortgagee,
or any other person interested in any land which forms part of a subdivision
approved pursuant to ordinance or which formed part of such a subdivision
three years preceding the effective date of this article, a certificate
certifying whether or not such subdivision has been approved by the
Planning Board. Said certificate shall be issued within 15 days after
the receipt of such written application and the payment of fees therefor.
The Township Clerk shall keep a duplicate copy of each certificate
consecutively numbered, including a statement of the fee charged in
a binder as a permanent record at his office. Each certificate shall
be designated a certificate as to approval of subdivision of land
and shall certify:
(1)Â
Whether there exists in said Township a duly established
Planning Board and whether there is an ordinance controlling subdivision
of land adopted under the authority of N.J.S.A. 40:55D-1 et seq..
(2)Â
Whether the subdivision, as it relates to the land
shown in said application, has been approved by the Planning Board
and, if so, the date of such approval and any extensions and terms
thereof, showing that subdivisions of which the lands are a part is
a validly existing subdivision.
The subdivider shall regard the following requirements
and principles of subdivision in the design of each subdivision or
portion thereof. Prior to the granting of final approval, the subdivider
shall have furnished performance guaranties for the ultimate installation
or protection of the following items. The subdivision shall conform
to the proposals and conditions shown on the adopted Official Map,
if any, and the Master Plan of the Township.
A.Â
Streets and highways.
(1)Â
Subdivisions shall be served by paved public streets,
and all new streets shall be paved in accordance with the details
delineated on the preliminary plat.
(2)Â
The arrangements of new streets constructed or to
be constructed in subdivisions shall be such as to provide for the
continuous extension of existing, mapped or potential streets.
(3)Â
No subdivision showing reserve strips controlling
access to another area or street, either developed or undeveloped,
shall be approved except where the control and disposal of land comprising
such strips has been given to the Township Committee under conditions
approved by the Planning Board.
(4)Â
Subdivisions that adjoin or include existing streets
that do not conform to widths as shown on the adopted Master Plan
or Official Map, if any, or the street width requirements of this
article shall dedicate additional width along one or both sides of
such road. If the subdivision is along one side only, one-half (1/2)
of the required extra width shall be dedicated.
(5)Â
The right-of-way width shall be measured from lot
line to lot line. Right-of-way width and pavement shall not be less
than the following:
|
Right-of-way
(feet)
|
Pavement Width
(feet)
| ||
|---|---|---|---|
|
Arterial streets
|
80
|
60
| |
|
Collector streets
|
60
|
44
| |
|
Local streets
|
50
|
36
|
(6)Â
The right-of-way width for internal roads or alleys
in multifamily, commercial and industrial development shall be determined
on an individual basis and shall in all cases be of sufficient width
and design to safely and conveniently accommodate the maximum traffic,
parking and loading needs for the type of traffic encouraged by its
existence as well as the necessary space for fire-fighting equipment.
(7)Â
The paving width of streets and the quality of surfacing
and base material shall adhere to the minimum standards set forth
by the Township Engineer and county or state engineers when such paving
concerns roads under their jurisdiction and where such standards exist.
Roads specifically serving industrial areas shall adhere to Township
standards designed for the development of industrial uses and shall
be sufficient to handle voluminous traffic and heavy trucking.
(8)Â
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60°. No more
than two streets shall meet or intersect at any one point, and the
center lines of both intersection streets shall pass through a common
point. Measuring from this common point, two intersections shall be
spaced at a minimum of 125 feet. The block corners at intersections
shall be rounded at the curbline with a curve having a radius of not
less than 15 feet. No shrubbery, signs, trees, monuments or other
visual obstruction to signs or line of sight over three feet in height
shall be permitted along or within the street right-of-way line within
25 feet of any intersection.
(9)Â
Where arterial or collector streets have a reverse
curve, a tangent of at least 100 feet in length shall be required.
(10)Â
Grades or arterial and collector streets shall not
exceed 4%. Grades on other streets shall not exceed 10%. No street
shall have a minimum grade of less than one-half of one percent (1/2
of 1%).
(11)Â
All changes in grade where the algebraic difference
in grade is 1% or greater shall be connected by parabolic vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance but not so great as to create drainage problems. Sight
distance shall be at least:
(12)Â
When connecting street lines deflect from each other
at any one point by more than 10° and not more than 45°, they
shall be connected by a curve with a radius of not less than 100 feet
for minor streets and 300 feet for arterial and collector streets.
(13)Â
The use of a cul-de-sac street shall be discouraged.
When they are deemed necessary by the Planning Board, they shall be
located so that they drain towards their entrances and shall be no
longer than 600 feet. They shall provide a turnaround at the end,
and the minimum right-of-way at the turnaround shall be a radius of
at least 50 feet and tangent whenever practicable to the right side
of the street. If a dead-end street or cul-de-sac is of a temporary
nature, a similar turnaround shall be provided and provisions made
for future extension of the street and reversion of the excess right-of-way
to the adjoining properties.
(14)Â
All driveways or other off-street parking areas shall
have driveway aprons extending from the curbline to the front property
lines. The driveway aprons shall be at least 14 feet wide at the curb
and a minimum of 10 feet at the property line. Continuous open driveways
in excess of 21 feet resulting in the elimination of curbing along
Township streets shall be prohibited unless otherwise approved.
(15)Â
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their names only at street intersections or in accordance with § 188-9B.
(16)Â
The length, width or acreage of blocks shall be determined with due regard to the limitations and opportunities of topography and shall be such as to be sufficient to meet all the area, yard and parking requirements for such particular use as expressed in Article II, Zoning, of this chapter as well as providing for convenient access, circulation control and safety of street traffic.
(17)Â
Lot dimensions and area shall not be less than the requirements of Article II, Zoning, of this chapter unless a variance or exception therefrom is obtained from the Zoning Board of Adjustment. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
(18)Â
All new streets shall have a minimum width of 50 feet.
(19)Â
For commercial, group housing or industrial use, block
size shall be sufficient to meet all area and yard requirements for
such use.
(20)Â
Where extra width has been dedicated for the widening
of existing streets, the lots shall begin at such new right-of-way
line and all setbacks shall be measured from such new line.
(21)Â
Where there is a question as to the suitability of
lots for their intended use due to factors such as rock formations,
topography, flood conditions or any conditions which may affect health,
welfare and safety or similar circumstances, the Planning Board may
after adequate investigation withhold favorable approval of such lots.
Where the property to be subdivided is next to or includes a railroad
right-of-way, suitable provisions shall be made for such things as
railroad crossings, fencing, screening or buffers, freight access,
warning signals and signs in recognition of the relationship between
the railroad and the subdivision.
B.Â
Street name signs.
(1)Â
Street name signs meeting Township specifications
as to size, material and location shall be installed at the intersection
of all streets as noted below:
(2)Â
Street name signs shall be approved by the Township
engineer for the purpose of rendering the same reasonably legible
and durable and of providing uniformity with existing street signs.
(3)Â
Where traffic control signs are deemed necessary by
the Planning Board for county or state highways, the proper Township,
county or state official shall be informed of the proposed installation
in order that the proper agency may consider the necessity of the
installation and the nature of the installation.
(4)Â
All street name and traffic control signs shall be
installed free of any obstruction.
C.Â
Curbs and gutters.
(1)Â
Curbs shall be constructed of either concrete or granite
block. Concrete shall be not less than 20 inches in depth, not less
than 10 inches in width at the base and not less than seven inches
in width across the top.
(2)Â
The minimum standards in regard to width of gutters, base material, slope and the installation of catch basins shall be according to the requirements of § 188-9H and the specifications of the Township approved by the Township Engineer or, in the case of county or state highways, the proper county or state official.
D.Â
Sidewalks.
(1)Â
Sidewalks shall be provided along all streets in residential
and commercial areas and shall be not less than five inches thick
and at least four feet wide, constructed of concrete having a minimum
twenty-eight-day strength 3,000 pounds per square inch and to be air-entrained,
and concrete shall be cured by accepted methods, except that a sidewalk
forming part of a driveway apron shall be six inches thick at a grade
with abutting sidewalks and of the same construction materials as
abutting sidewalks.
(2)Â
All sidewalks shall be located a minimum of one foot
within the street right-of-way.
(3)Â
All sidewalks shall have a slope of one-fourth (1/4)
inch per foot toward pavement.
E.Â
Shade trees and planting strips.
(1)Â
Shade trees shall be provided in all major residential
subdivisions and subdivisions of other kinds where deemed appropriate
by the Planning Board. Trees shall be planted within the subdivision
along each side of the street at distances of not greater than 65
feet apart so as not to interfere with street paving, sidewalks or
utilities with graded and seeded or sodded planting strips within
street rights-of-way and according to any standards adopted by the
Township Committee or Township Shade Tree Commission. In no event
shall there be less than one tree per lot.
(2)Â
All trees should be of nursery stock grown under the
same climatic conditions as at the location of the development. They
shall be of symmetrical growth, free of insect pests and disease,
suitable for street use, durable under the maintenance contemplated
and approved by the Township Shade Tree Commission.
F.Â
Topsoil protection. No topsoil shall be removed from
areas intended for lawn or open space. Topsoil moved during the course
of construction shall be redistributed within the subdivision so as
to provide at least six inches of cover to all areas of the subdivision
and shall be stabilized by seeding or planting.
G.Â
Monuments. Monuments shall be of the size and shape
required by N.J.S.A. 46:23-9.11 and the amendments and supplements
thereto and shall be placed in accordance with the statute.
H.Â
Drainage system.
(1)Â
The drainage system shall have adequate drainage structures
to carry off and store or discharge the stormwater runoff and natural
drainage water which originates not only within the property boundaries
but also that which originates beyond the property boundaries.
(2)Â
No stormwater runoff or natural drainage water shall
be so diverted as to overload existing drainage systems or create
flooding or the need for additional drainage structures on other private
properties or public lands without proper and approved provisions
being made for taking care of these conditions.
(3)Â
An existing ditch or brook right-of-way or the right-of-way
of a relocated ditch or brook shall be offered for dedication to the
Township for drainage purposes. Such right-of-way shall be shown on
the drainage plan and on the final plat and shall be of sufficient
width to include a ten-foot access strip in addition to the width
of the ditch or brook as measured from bank top to bank top.
(4)Â
Drainage structures which are located on state or
county highway rights-of-way shall be approved by the state or county
highway departments, and a letter from the office indicating such
approval shall be directed to the Chairman of the Planning Board and
shall be received prior to favorably referring the final plat.
(5)Â
Land subject to periodic or occasional flooding shall
not be plotted for residential occupancy nor for any other use which
may endanger life or property or aggravate the flood hazard. Such
land within a plat shall be considered for park purposes. However,
nothing in this article shall be construed to prevent a developer
from adequately filling the land.
I.Â
Public utilities. ln large scale developments, easements
along any property lines or elsewhere for utility installation may
be required. Such easements shall be at least 15 feet wide and located
in consultation with the companies and Township departments concerned.
All water mains, fire hydrants, gas mains, storm sewers and sanitary
sewers shall be connected with an approved system and installed in
accordance with the specifications of the Township authority or utility
company which has jurisdiction in the area and shall be adequate to
handle all present and probable future development. Fire hydrants
shall be located in such locations as are indicated and approved by
the Chief of the Fire Department.
J.Â
Natural features. Natural features such as trees,
views and natural terrain shall be preserved whenever possible in
designing any subdivision containing such features. On individual
lots or parcels, care shall be taken to preserve selected trees to
enhance the landscape treatment of the development.
K.Â
Land use. Proposed land uses shall conform to Article II, Zoning, of this chapter, the Master Plan, the Official Map and the provisions of this article. Subdivision designs shall be related in a compatible fashion to adjacent land uses indicating the location of buffer zones, where deemed necessary by the Board, and the design and relationship of vehicular and pedestrian traffic.
A.Â
Performance guaranty estimates. A performance guaranty
estimate shall be prepared by the Township Engineer, setting forth
all requirements, as fixed by the Planning Board, and the estimated
cost of providing the same.
B.Â
Approval by Board Attorney. The subdivider shall present
two copies of the performance guaranty in an amount equal to the amount
of the approved performance guaranty estimate for approval as to form
and sufficiency by the Planning Board attorney.
C.Â
Amount of performance guaranty. The performance guaranty
shall be in the amount of the approved performance guaranty estimate.
The subdivider shall be the principal on the performance bond and
the Township shall be the beneficiary. The performance bond shall
be issued by an acceptable surety company authorized to do business
in the State of New Jersey. Cash may be deposited with the Township,
with payment to the Township Treasurer. The Township Treasurer shall
issue his receipt for such cash deposits and shall cause the same
to be deposited in a bank account in the name of the Township, such
sum to be retained as security for completion of all requirements
and to be returned to the subdivider on completion and approval of
all required work. In the event of default on the part of the subdivider,
the sum is to be used by the Township to pay the cost and expense
of obtaining completion of all the requirements. Every guaranty, whether
cash or surety, shall contain a clause to the effect that a determination
by the Township Engineer that the principal has defaulted in the performance
of his obligation shall be binding and conclusive upon the surety
and the principal.
D.Â
Bond or cash deposit required. In addition to the performance guaranty, or the cash deposit referred to in § 188-10C, the subdivider shall deposit with the Township either a bond or cash upon such terms as hereinabove set forth in § 188-10C in an amount equal to 10% of the amount of the approved performance guaranty estimate. The bond or cash shall remain on deposit with the Township for a period of one year, after the Township Engineer has certified the performance of the work to be performed under the performance guaranty. In the event of default, the ten-percent fund herein mentioned shall be first applied to the completion of the requirements and the cash or surety bond thereafter shall be resorted to, if necessary, for the completion of the requirements. The cash or surety bond may recite the foregoing provision. The Engineer's determination that the principal has defaulted in his obligation shall be binding and conclusive upon the principal.
E.Â
Execution of performance guaranty. The Planning Board
Attorney shall notify the Secretary of the Planning Board prior to
the Planning Board meeting that the performance guaranty is properly
executed and can be added to the agenda.
F.Â
Inspection by Township Engineer. All improvements
shall be inspected during the time of their installations under the
supervision of the Township Engineer to ensure satisfactory completion.
The Township Engineer shall be notified by the developer at least
24 hours prior to the start of construction. Said subdivider shall
pay to the Township of Hillside a sum of money to cover the cost of
inspection fees made by the Township Engineer. The sum to be paid
to the Township shall be fixed and determined by the Planning Board.
The Planning Board in determining the amount of said fees shall arrive
at a reasonable dollar figure which is representative of the time,
labor, responsibility and novelty or difficulty inherent in each of
the different respective functions performed by the Township Engineer.
[Amended 2-3-1976 by Ord. No. G-88-76]
G.Â
The time allowed for installation of the improvements
for which the performance guaranty has been provided may be extended
by the Township Committee by resolution. If the required improvements
are not completed or corrected in accordance with the performance
guaranty, the obligor and surety, if any, shall be liable thereon
to the Township 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. Upon substantial
completion of all required appurtenant utility improvements and the
connection of the same to the public system, the obligor may notify
the Township Committee in writing, by certified mail addressed in
care of the Township Clerk, of the completion or substantial completion
of improvements and shall send a copy thereof to the Township Engineer.
Thereupon the Township Engineer shall inspect all improvements of
which such notice has been given and shall file a detailed report,
in writing, with the Township Committee, indicating either approval,
partial approval or rejection of such improvements with a statement
of reasons for any rejection. The cost of the improvements as approved
or rejected shall be set forth. The Township Committee shall either
approve, partially approve or reject the improvements on the basis
of the report of the Township Engineer and shall notify the obligor
in writing, by certified mail, of the contents of said report and
the action of said approving authority with relation thereto not later
than 65 days after receipt of the notice from the obligor of the completion
of the improvements. Where partial approval is granted, the obligor
shall be released from all liability pursuant to its performance guaranty,
except for that portion adequately sufficient to secure provision
of the improvements not yet approved, provided that 30% of the amount
of the performance guaranty posted may be retained to ensure completion
of all improvements. Failure of the Township Committee to send or
provide such notification to the obligor within 65 days shall be deemed
to constitute approval of the improvements, and the obligor and surety,
if any, shall be released from all liability pursuant to such performance
guaranty for such improvements. If any portion of the required improvements
are rejected, the approving authority may require the obligor to complete
such improvements and, upon completion, the same procedure of notification
as set forth in this section shall be followed. Nothing herein, however,
shall be construed to limit the right of the obligor to contest by
legal proceedings any determination of the Township Committee or the
Township Engineer. The obligor shall reimburse the municipality for
all reasonable inspection fees paid to the Township Engineer for the
foregoing inspection of improvements, provided that the Township may
require of the developer a deposit for all or a portion of the reasonably
anticipated fees to be paid to the Township Engineer for such inspection.
In the event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall
be applied by stage or section.
[Amended 2-19-1980 by Ord. No. G-176-80]
H.Â
Township not liable for claims or suits. Inspection
by the Township of the installation of improvements by the subdivider
shall not operate to subject the Township to liability for claims
or suits or liability of any kind that may at any time arise because
of defects or negligence during construction or at any time thereafter,
it being recognized that the responsibility to maintain safe conditions
at all times during construction and to provide improvements is upon
the subdivider and his contractors, if any.
I.Â
Final inspection of work; recommendations. After completing
the construction of the public improvements covered by the performance
guaranty, the subdivider shall prepare a set of as-built plans and
apply to the Township Engineer for final inspection of the work. The
Township Engineer shall report to the Township Committee on the condition
of the work and recommend that the performance guaranty be released,
extended or declared in default.
J.Â
Disposition of performance guaranty. The Township
Committee shall by resolution release or declare in default each performance
guaranty. Such performance guaranty shall run for a period to be fixed
by the Township Committee but in no case for a term of more than three
years. However, on the request of the owner and accompanying consent
of the surety, if there be one, the Township Committee may by resolution
extend the term of such performance guaranty for an additional period
not to exceed three years. The amount of the performance guaranty
may be reduced by the Township Committee by resolution when portions
of the required improvements have been installed and have been inspected
and approved by the Township Engineer. If any improvements have not
been installed in accordance with the performance guaranty, the obligor
and surety shall be liable thereon to the Township for the reasonable
cost of the improvements not installed and, upon receipt of the proceeds
thereof, the Township shall install such improvements. The Township
shall also have all other remedies as may be lawfully available.
K.Â
Interpretation. This section shall in no way be construed
so as to prevent the Township Planning Board from requiring performance
and completion thereof in lieu of permitting the subdivider to deposit
a performance guaranty.
The subdivider shall file with the Township
Committee a general liability insurance policy at the same time as
he files his performance guaranty covering all operations in the development,
including contractual liability with limits of not less than $100,000
for bodily injury to each person and $300,000 liability on the aggregate,
for each accident, and property liability of $50,000 dollars for each
accident and $100,000 aggregate property damage liability. The Planning
Board shall approve the policy for form and execution. The policy
shall be of the same term as the performance guaranty and shall be
extended in conformance with any extension of the performance guaranty.
The policy shall name the Township as an assured and provide that
the Township may nevertheless assert claims against the other assured,
and such policy is to be issued by an insurance company authorized
to do business in the State of New Jersey.
A.Â
Maximum penalty. If, before final approval or exception
has been obtained, any person transfers or sells or agrees to sell,
as owner or agent, any land which forms a part of a subdivision on
which, by ordinance, the Planning Board is required to act, such person
shall be subject to the penalties as provided in N.J.S.A. 40:55D-55,
and each parcel, plot or lot so transferred, sold or agreed to be
sold shall be deemed a separate violation.
[Amended 10-21-2003]
B.Â
Civil action by Township.
(1)Â
In addition to the foregoing, if the streets in the
subdivision are not such that a structure on such land in the subdivision
would meet the requirements for a building permit under N.J.S.A. 40:55D-35,
and the amendments and supplements thereto, the Township may institute
and maintain a civil action:
(2)Â
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land from which
the subdivision was made that remains in the possession of the owner
or his assigns or successors, to secure the return of any deposit
made or purchase price paid and also a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of the land, or within six years if
unrecorded.
[Added 5-31-1977 by Ord. No. G-112-77]
A.Â
No building permit for any lot in a subdivision or for any development plan involving the construction, reconstruction, structural relocation or enlargement of any building or other structure requiring site plan review and approval pursuant to §§ 188-7, 188-8 and 188-37 of this chapter shall be issued by the Township Construction Official until final subdivision or site plan approval (as the case may be) has been granted pursuant to this article.
B.Â
Whenever a building permit has been issued after final
approval of a development plan, no certificate of occupancy shall
be issued for the subject property until all improvement shown upon
the development plans have been installed in accordance with the plans
therefor. The Township Engineer shall submit to the Planning Board
and to the Construction Official a written report with respect to
streets, sidewalks, internal roadway, curbing and off-street parking,
landscaping, stormwater disposal, sanitary sewage disposal and all
other utilities and outdoor lighting when such improvements have been
installed in accordance with the plans therefor. The Construction
Official shall submit a written report to the Planning Board when
all other improvements have been installed in accordance with the
plans therefor. No certificate of occupancy shall be issued for a
period of 10 days after the Planning Board has received the foregoing
report. In the event that the Chairman or Secretary of the Planning
Board shall, within such period of 10 days, notify the Construction
Official that any improvement has, in the opinion of the Board, not
been installed in accordance with the development plan, the Construction
Official shall not issue a certificate of occupancy until the Planning
Board authorized its issuance.
C.Â
Whenever a building permit has been issued for a lot
in a subdivision after final subdivision approval, no certificate
of occupancy shall be issued until all improvements or all improvements
for the section of the subdivision (if approval has been secured in
sections) in which the lot in question is located have been installed
in accordance with the approved plan therefor to the satisfaction
of the Township Engineer; provided, however, that monuments, shade
trees, buffer and screening plantings and fencing, sidewalks and street
signs, traffic control signs and devices requiring state and/or county
approval need not be completed to secure a certificate of occupancy
if the performance and maintenance guaranties with respect to such
improvements remain in full force and effect and the time for completing
such improvements under the terms of such guaranties has not yet expired.
The finished or top course of the road must, however, be complete
to secure a certificate of occupancy. Whenever final approval is obtained
for a section of a subdivision then all of the improvements for the
section shall be completed in all respects and inspected and approved
by the Township Engineer before any certificate of use and occupancy
shall be issued for any building on any lot in any succeeding section
of the subdivision.
D.Â
Failure to comply with any of the conditions of site
plan or subdivision approval subsequent to the receipt of a building
permit or certificate of occupancy, as the case may be, shall be construed
to be a violation of this article and shall be grounds for the revocation
of any such building permit or certificate of occupancy. Written notice
of revocation, sent by certified mail, by the Construction Official,
requiring compliance with the conditions of site plan or subdivision
approval within a period of time of not less than five days shall
effectively revoke any building permit or certificate of occupancy,
as the case may be, if compliance shall not be made within the time
limit set.
[Added 5-31-1977 by Ord. No. G-112-77]
A.Â
Applications for a conditional use permit pursuant to N.J.S.A. 40:55D-67 and controlling sections of Article II, Zoning, of this chapter and this article shall be granted or denied within 95 days of submission of a complete application by the applicant or within such further time as may be consented to by the applicant.
B.Â
The time period for action by the Planning Board on conditional uses shall govern the accompanying site plan review if any. The granting of a conditional use permit in conjunction with preliminary site plan approval shall grant to the applicant the rights applicable to preliminary site plans as contained in § 188-37F of this chapter and in the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.Â
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, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this section, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
[Added 5-31-1977 by Ord. No. G-112-77]
A.Â
Subdivision and site plan fees are to provide for
the administrative, clerical and professional services, costs of processing,
including but not limited to engineering, planning consultant and
the attorney's fees, reviewing, holding public hearings on and acting
upon all developmental plan applications including engineering costs
incurred in the inspection of improvements during construction and
for the cost of plotting subdivisions on the base maps of the Township
and recording the establishments of new lots or new lot lines in all
appropriate offices.
B.Â
All Township expenses to be paid by the applicant.
In the event that the Township incurs direct out-of-pocket costs and
expenses in the course of regulating a development plan pursuant to
this article and the Municipal Land Use Law which are not covered
by the specific fees provided for herein, the Planning Board, Board
of Adjustment or Township Committee, as the case may be, shall before
taking final action (whether preliminary or final approval is requested)
upon the pending application, require that the applicant pay over
to the Township whatever additional sums are required to reimburse
the Township in full for all such out-of-pocket costs and expenses
and expenses not so covered, except to the extent that such reimbursement
may be prohibited by said Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.Â
Payable to Township Clerk; when payable.
(1)Â
Except as otherwise specifically provided herein,
all fees required by this section shall be payable to the Township
Clerk at the time of filing any application for site plan or subdivision
approval. All fees shall be paid by check payable to the Township
of Hillside, which check for all fees in excess of $250 shall be in
the form of a certified or bank cashiers' check.
(2)Â
All permits, determinations, resolutions or certificates
of approval are subject to the payment of all fees provided for in
this article, and no approvals shall be given by the Planning Board
or Board of Adjustment until proof has been submitted to them that
the requisite fees have in fact been paid to the Township Clerk.
D.Â
Site plan review fees. Site plan review fees shall
be as follows:
[Amended 5-4-1982 by Ord. No. G-214-82]
(1)Â
Application for preliminary site plan approval pursuant to § 188-37 of this article.
(a)Â
Two hundred dollars for residential property,
$250 for commercial property and $300 for industrial property for
each acre of lot area or fraction thereof, plus $50 for the first
1,000 square feet of floor area of any new building or alteration
or addition to an existing building on the subject property, plus
$10 for each 1,000 square feet or fraction thereof of floor area over
1,000 square feet.
(b)Â
If the application for site plan approval is for apartment houses or multifamily dwellings, the application fee shall be $10 per apartment unit or the amount specified by § 188-15D(1)(a) immediately above, whichever is greater.
(c)Â
No site plan fee for preliminary approval shall
be less than $200 for residential property, $250 for commercial property
and $300 for industrial property.
(d)Â
In addition to the application fees specified in § 188-15D(1)(a), (b) and (c) immediately above, prior to the commencement of construction of any on-site or off-site improvements required as a condition of preliminary approval which the applicant is required or elects to install prior to applying for and securing final site plan approval, the applicant shall pay a fee equal to 5% of the Township Engineer's estimate of the total cost of the improvements to be so constructed and installed to cover the cost of inspection by the Township Engineer of all such construction.
(2)Â
Application for final site plan approval.
(a)Â
Fifty percent of the application fee required
for the preliminary site plan application on the subject property;
provided, however, that no site plan fee for final approval shall
be less than $200 for residential property, $250 for commercial property
and $300 for industrial property.
(b)Â
In addition to the application fee specified in § 188-15D(2)(a) immediately above, a fee equal to 5% of the Township Engineer's estimate of the total cost of completion of all improvements (on-site and off-site) required as a condition of approval and not completed or installed at the time of application for final site plan approval shall be paid by the applicant to cover the cost of inspection by the Township Engineer of all such improvements remaining to be completed or installed.
E.Â
Subdivision review fees. Subdivision review fees shall
be as follows:
[Amended 5-4-1982 by Ord. No. G-214-82]
(1)Â
Application for minor subdivision approval.
(a)Â
Two hundred dollars for residential property,
$250 for commercial property and $300 for industrial property, plus
an additional fee of $15 for each lot in the proposed subdivision.
(b)Â
In the event that improvements are required as a condition of approval, in addition to the fee specified in § 188-15E(1)(a) immediately above, a fee equal to 5% of the Township Engineer's estimate of the total cost of such improvements shall be paid by the applicant to cover the cost of inspection by the Township Engineer of all such improvements.
(2)Â
Application for sketch plan review of a major subdivision.
Two hundred dollars for residential property, $250 for commercial
property and $300 for industrial property or $15 for each lot in the
proposed subdivision, whichever is greater.
(3)Â
Application for preliminary major subdivision approval.
(a)Â
Two hundred dollars for residential property,
$250 for commercial property and $300 for industrial property, plus
$15 for each lot in the proposed subdivision.
(b)Â
In addition to the application fee specified in § 188-15E(3)(a) immediately above, prior to the commencement of construction of any of the on-site or off-site improvements required as a condition of preliminary approval which the applicant is required or elects to install prior to applying for and securing final subdivision approval, the applicant shall pay a fee equal to 5% of the Township Engineer's estimate of the total cost of the improvements to be so constructed and installed to cover the cost of inspection by the Township Engineer of all such construction.
(4)Â
Application for final major subdivision approval.
(a)Â
Two hundred dollars for residential property,
$250 for commercial property and $300 for industrial property, plus
$15 for each lot in the proposed subdivision; provided, however, that
no application fee for final subdivision shall be less than $200 for
residential property, $250 for commercial property and $300 for industrial
property.
(b)Â
In addition to the application fee specified in § 188-15E(4)(a) immediately above, a fee equal to 5% of the Township Engineer's estimate of the total cost of completion of all improvements (on-site and off-site) required as a condition of approval and not completed or installed at the time of application for final subdivision approval shall be paid by the applicant to cover the cost of inspection by the Township Engineer of all such improvements remaining to be completed or installed.
F.Â
Variance applications: applications for variances
to the Board of Adjustment or the Planning Board.
[Amended 5-31-1977 by Ord. No. G-112-77; 4-17-1979 by Ord. No. G-149-79; 5-4-1982 by Ord. No. G-215-82; 7-2-1986 by Ord. No. G-262-86]
(1)Â
For all variance applications to the Board of Adjustment
or the Planning Board for a variance or other relief from the Board
of Adjustment, $250 for residential property, $300 for commercial
property and $350 for industrial property and in each case extraordinary
professional fees and the then current charges of the court stenographer.
(2)Â
For an application to the Board of Adjustment for
subdivision site plan or conditional use approval as part of use variance
application, $250 for residential property, $300 for commercial property
and $350 for industrial property, plus the same application fee which
would have been paid to the Planning Board for such subdivision, site
plan or conditional use application had a use variance not been involved.
G.Â
Conditional use applications to the Planning Board.
Two hundred dollars for residential property, $250 for commercial
property and $300 for industrial property, plus (if the application
is part of a site plan or subdivision application) the same application
fee which would have been paid to the Planning Board for the subdivision
or site plan application had not a conditional use permit been involved.
[Amended 4-17-1979 by Ord. No. G-149-79; 5-4-1982 by Ord. No. G-215-82]
H.Â
Hearing and publication costs.
(1)Â
In addition to all fees specified in § 188-15A through G of this article, inclusive, the applicant shall pay to the Township the actual costs incurred by the Planning Board, Board of Adjustment or Township Committee, as the case may be, for recording verbatim, by use of a shorthand reporter or stenographer, all public hearings on any application required pursuant to this article, including the furnishing of copies of the transcript of any such hearing needed by the applicant or the Township Board or body considering the application in question.
(2)Â
In addition to all other fees specified in said § 188-15A through G of this article, inclusive, the applicant shall pay to the Township the actual publication costs incurred by the Township for publishing notice(s) and/or the decision of the Board or body with respect to the application in question.
I.Â
Miscellaneous fee provisions.
(1)Â
The fees specified above in this section shall be
in addition to fees for building permits and certificates of occupancy
which are required and specified by the Building Code and other ordinances
and regulations of the Township governing construction and occupancy
of dwellings, buildings and structures in the Township.
(2)Â
Fees for applications or for the rendering of any
service by the Planning Board or Zoning Board of Adjustment or any
member of their administrative staff which is not otherwise provided
by ordinance may be provided for and adapted as part of the rules
of the Board, and copies of said rules or of the separate fee schedule
shall be available to the public.
J.Â
Granting of exceptions in applications for site plan
and subdivision approval.
(1)Â
The Planning Board when acting upon applications for
preliminary and final site plan approval and for preliminary and final
major subdivision approval and minor subdivision approval shall have
the power to grant such exceptions from the requirements of this article
as may be reasonable and within the general purpose and intent of
the provisions for site plan and subdivision review and approval as
set forth in this article, if the literal enforcement of one or more
provisions of this article is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the land in question.
(2)Â
The purpose of this section is not to provide for deviation from the terms of Article II, Zoning, of this chapter, but from the other rules, regulations and standards set forth herein governing development plans. In making its findings, as required hereinbelow, the Planning Board shall take into account the nature of proposed work and the existing use of land in the vicinity, the effect of the proposed deviation on the Township Master Plan, the number of persons to reside or work in the proposed subdivision or on site and the probably effect of the proposed application upon traffic conditions in the vicinity. No deviation shall be granted unless the Planning Board finds:
(a)Â
That there are special circumstances or conditions
effecting such property such that the strict application of the provisions
of this article would deprive the applicant of reasonable use of his
land.
(b)Â
That the deviation is necessary for the preservation
and enjoyment of a substantial property right of the applicant.
(c)Â
That the granting of the deviation will not
be detrimental to the public health, safety and welfare or injurious
to property in the area in which such property is situated. A petition
for any such deviation shall be submitted, in writing, by the applicant
at the time the application is submitted. The petition shall state
fully the grounds upon which the application is made and the facts
upon which the applicant relies on the relief requested. The petition
shall be heard and acted upon by the Planning Board as a whole, but
no application involving a deviation shall be approved before receipt
of the County Planning Board's report thereon, if required, or the
expiration of the period of time within which such report is required
to be submitted. If the Planning Board deems the proposed deviation
of sufficiently serious nature, it may require a public hearing to
be held in accordance with this article. If the Planning Board shall
disapprove the proposed deviation, the reasons therefor shall be stated
in its resolution and the applicant shall remedy said application
prior to further consideration by the Board.
[Added 8-16-1994]
A.Â
MULTIFAMILY HOUSING DEVELOPMENT
RECYCLING AREA
As used in this section, the following terms shall
have the meanings indicated:
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
Space allocated for collection and storage of source-separated
recyclable materials.
B.Â
There shall be included in any new multifamily housing
development that requires subdivision or site plan approval an indoor
or outdoor recycling area for the collection and storage of residentially
generated recyclable materials. The dimensions of the recycling area
shall be sufficient to accommodate recycling bins or containers which
are of adequate size and number and which are consistent with anticipated
usage and with current methods of collection in the area of which
the project is located. The dimensions shall be determined in consultation
with the municipal recycling coordinator and shall be consistent with
the district recycling plan adopted pursuant to Section 3 of P.L.
1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements
of the Municipal Master Plan adopted pursuant to Section 26 of P.L.
1987, c. 102.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-28.
C.Â
The recycling area shall be conveniently located for
the residential disposition of source-separated recyclable materials,
preferably near but clearly separated from any refuse dumpster.
D.Â
The recycling area shall be well lit and shall be
safely and easily accessible by recycling personnel and vehicles.
Collection vehicles shall be able to access the recycling area without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the recycling area and the bins or containers
placed therein against theft of recyclable materials, bins or containers.
E.Â
The recycling area or the bins or containers placed
therein shall be designed so as to provide protection against adverse
environmental conditions which might render the collected materials
unmarketable. Any bins or containers which are used for the collection
of recyclable paper or cardboard and which are located in an outdoor
recycling area shall be equipped with a lid or otherwise covered so
as to keep the paper or cardboard dry.
F.Â
Signs clearly identifying the recycling area and the
materials accepted therein shall be posted adjacent to all points
of access to the recycling area. Individual bins or containers shall
be equipped with signs indicating the materials to be placed therein.
G.Â
Landscaping and/or fencing shall be provided around
any outdoor recycling area and shall be developed in an aesthetically
pleasing manner.
