No person shall sell or agree to sell any land
which forms part of an existing lot until final approval of a subdivision
of such lot has been obtained pursuant to this chapter. The provision
herein shall not be construed so as to preclude the right to contract
for the sale of property contingent upon subdivision approval.
[Amended 7-23-1998, 10-6-2008]
A. Except as may be otherwise provided for herein, no
construction permit or certificate of occupancy shall be issued for
a new building or for an addition to an existing structure or building
unless a site plan shall have first been approved by the Planning
Board in accordance with the terms of this chapter.
B. Ordinary or minor repairs, renovations or alterations.
(1) Notwithstanding the provisions of Subsection
A of this section, site plan approval shall not be required where:
(a) Ordinary or minor repairs to the exterior or interior of a building
do not involve structural changes or enlargements of the building,
as defined in the Uniform Construction Code of the State of New Jersey.
(b) Renovations or alterations to the exterior or interior of any building
or structure do not involve any enlargement of the building or major
structural change, as defined in the Uniform Construction Code of
the State of New Jersey.
(2) However, the Construction Code Official shall refer any application for a building or construction permit, or for a certificate of occupancy or compliance, to the Planning Board for review or site plan approval as provided for by Chapter
147, §
147-7A, where the construction, reconstruction, alteration or change of use may affect circulation, water supply, sewage disposal, drainage, landscaping, signs, lighting, off-street parking or loading or other off-tract conditions or the lack of any or all of these factors, environmental factors and other considerations as may be specified in this chapter.
C. Notwithstanding the provisions of Subsection
A of this section, no site plan approval shall be required prior to the issuance of a construction permit and certificate of occupancy for any new building or addition to an existing building if such building or addition is used or is to be used solely as a single- or two-family dwelling or as an accessory thereto. However, in such cases a plot plan shall be submitted to the Construction Official.
D. No construction permit or certificate of occupancy
shall be issued for any community residence for the developmentally
disabled, community shelter for victims of domestic violence, community
residence for persons with head injuries or community residence for
the terminally ill (as defined under N.J.S.A. 40:55D-66.2) except
upon application to the Planning Board which shall ensure compliance
with the statutes and regulations of the State of New Jersey and the
ordinances of the Borough pertaining to such community residences.
E. No site plan approval or Land Use Board review shall be required prior to the issuance of a construction permit in connection with the installation, construction and/or use of light structures regulated by §
270-32.1.
[Added 3-2-2017]
For a minor subdivision, the procedure shall
be as follows:
A. Fifteen copies, together with an electronic copy in PDF format, shall
be submitted to the Borough Clerk in writing on forms supplied by
the Planning Board, furnishing pertinent data such as names and addresses
of the owner, agent and engineer and identification of property involved.
[Amended 12-11-2014]
B. The application shall be accompanied by 10 copies
of a plat of the proposed subdivision accurately drawn to a scale
of not less than one inch equals 100 feet, certified by a licensed
land surveyor. All design shall be done by a licensed professional
engineer. The plat shall be of a size permitted by the New Jersey
Map Filing Act and shall be in conformity with the Title Block Law
and shall contain the following:
(2) The Tax Map sheet, block and lot numbers.
(3) Date; all revisions shall be noted and dated.
(5) The name and address of record owner, name and address
of the subdivider, and name, address, license number and seal of person
preparing the plat.
(6) The names, as shown on current tax records, of all
adjoining property owners and the block and lot numbers of such property.
(7) The location of the lots to be created in relation
to the entire tract.
(8) Acreage, to the nearest 10th of an acre, of the tract
to be subdivided; the area, in square feet, of all lots to be created;
and the area, in square feet, that may be measured in accordance with
the Zoning Ordinance.
(9) A key map showing the entire subdivision and its relation
to surrounding areas.
(10) Easements, covenants, streets, buildings, watercourses,
railroads, bridges, culverts, drainpipes, rights-of-way and drainage
easements within the boundaries of the subdivision.
(11) The location of all existing structures and wooded
areas within the subdivision and within 50 feet thereof.
(12) Any variance or variances required.
(13) If regrading of the site, other than in the foundation
area of any proposed buildings or within 10 feet, is to be done, a
map showing existing and proposed contours at contour intervals of
two feet for slopes of less than 10% and intervals of five feet for
slopes of more than 10% shall be submitted. Existing contours are
to be indicated by dashed lines and proposed contours are to be indicated
by solid lines.
(14) Signature blocks (Planning Board, County Planning
Board, Borough Clerk, etc.).
C. The Planning Board shall require receipt of an application
10 days prior to the meeting at which action is to be taken on such
application.
D. Upon receipt of a completed application, the Planning Board shall, within the time periods prescribed by the applicable ordinances, approve or conditionally approve the subdivision without the necessity of full notice and public hearing, classify the subdivision as a major subdivision or disapprove the subdivision. The Planning Board may, in addition to any other conditions which the Planning Board may deem necessary in order to carry out the purposes of this chapter, require as a condition for minor subdivision approval that the applicant install such improvements required by Article
III of this chapter as the Planning Board, in accordance with law, shall deem necessary. Such improvements shall be in accordance with standards set forth in Article
IV, and performance guaranties may be required in accordance with Article
VI.
E. The Borough Clerk shall return the approved minor
subdivision plat to the subdivider for filing with the County of Bergen.
The required number of copies of the filed plat shall be provided
by the subdivider to the Borough Engineer for distribution to the:
(9) Public Works Superintendent (Water and Sewer).
For final approval of a major subdivision or
site plan, the procedure shall be as follows:
A. Fifteen copies, together with an electronic copy in PDF format, of
a major subdivision or site plan and an application for final approval
(15 copies) in a form approved by the Planning Board shall be submitted
to the Borough Clerk, together with the fees required, at least 10
days prior to the meeting at which action is to be taken upon such
application.
[Amended 12-11-2014]
B. Five white prints (blue or black on white) of the
plat shall accompany the application. Two additional prints shall
be provided by the applicant to the Borough Engineer.
C. The final plat shall not differ substantially from
the preliminary plat as approved.
D. The final plat shall be drawn in ink on tracing cloth or Mylar at a scale of not less than one inch equals 100 feet and in compliance with all the provisions of the Map Filing Law and Title Block Law and the plat details contained in §
147-13A of this chapter.
E. The Borough Clerk shall make a record of the date
of submission of the application and shall forthwith transmit the
application to the Planning Board.
F. Prior to final approval, the Planning Board, upon
the advice of the Borough Engineer, shall determine:
(1) The nature of the improvements to be required as a
condition of final approval.
(2) The estimated value of the improvements installed
or to be installed in accordance with this chapter.
(3) The nature and amount of performance guaranties, if
any, to be required as a condition to final approval.
(4) The amounts to be deposited to reimburse the Planning
Board and the Borough for costs incurred or to be incurred for legal,
engineering and other consultant reports, for recording fees and for
any other costs anticipated by the Board.
(5) Any other conditions upon which final approval will
be granted.
G. Prior to final approval, the applicant shall submit
to the Planning Board:
(1) A developer's agreement, prepared by the Planning
Board Attorney setting forth the obligations of the applicant in connection
with the final approval.
(2) A performance guaranty in a form satisfactory to the
Planning Board and Borough complying with this chapter and guaranteeing
performance of the developer's agreement.
(3) Maintenance guaranties for any work completed prior
to final approval.
(4) Deeds for any easements, rights-of-way or public lands,
in a form satisfactory to the Planning Board Attorney.
(5) Funds to be deposited to reimburse the Board for costs
incurred or to be incurred for legal, engineering and other consultant
reports, for recording fees and for any other costs anticipated by
the Planning Board.
(6) Evidence of compliance with any other conditions imposed
by the Planning Board.
H. Within 45 days after submission of a completed application
to the Borough Clerk or within such further time as may be agreed
to by the applicant, but in no event less than the thirty-day reporting
period within which the County Planning Board may act, the Planning
Board shall approve, conditionally approve or disapprove the final
plat and report said action, whether it is approval, conditional approval
or disapproval, to the Governing Body. In case of approval, the final
plan shall be so certified. The applicant shall be notified of the
Planning Board's action and the reasons therefor.
I. Upon final approval by the Planning Board and after
all required signatures are placed on the original tracing, the Borough
Clerk shall require the applicant to have one cloth print made to
be filed with the original tracing and 10 copies made of such final
plat after filing, and to provide said copies to the Borough Engineer
for distribution to the following:
(1) Secretary of the Planning Board or Board of Adjustment.
(2) Borough Engineer (two copies).
J. Prior to final approval of any site plan for the erection
of townhouses within the A-U Zone District or garden apartments within
the B-U Zone District and for any plan and development as defined
in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq), the Planning
Board shall find the following facts and conclusions:
[Added 2-26-1987]
(1) That departures by the proposed development from zoning
regulations otherwise applicable to the subject property conform to
the Zoning Ordinance standards pursuant to N.J.S.A. 40:55D-65.
(2) The proposals for maintenance and conservation of
common open space are reliable and the amount, location and purpose
of the common open space are adequate.
(3) That provision through the physical design of the
proposed development for public services control over vehicular and
pedestrian traffic and the amenities of light and air, recreation
and visual enjoyment are adequate.
(4) That the proposed development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(5) In the case of a proposed development which contemplates
construction over a period of years, that the terms and conditions
intended to protect the interests of the public and of the residents,
occupants and owners of the proposed development in the total completion
of the development are adequate.