As used in this chapter, the following terms
shall have the meanings indicated:
The person with whom applications for development are filed
pursuant to this chapter. The administrative officer for the Board
of Adjustment shall be the Secretary of the Board of Adjustment. The
administrative officer for the Planning Board shall be the Borough
Clerk.
A developer submitting an application for development.
[Amended 9-25-1986]
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction for the issuance of a permit for
construction within the bed of a mapped street or for construction
of a structure not having access to or not related to a street.
A certificate issued by the proper administrative officer
of the Borough certifying that there is in the Borough a duly established
Planning Board; that there is in the Borough an ordinance controlling
the subdivision of land; and whether a subdivision has been approved
by the Planning Board for the land designated in the application for
such certificate and, if so, the date of such approval and any extensions
and terms thereof.
A certificate issued by the Construction Official upon completion
of the construction of a new building or addition or upon a change
in the occupancy of a building (other than a dwelling unit as defined
in this chapter) which certifies that all requirements of this chapter,
or such adjustment therefrom which has been granted by the Board of
Adjustment or Planning Board, have been met and that the purpose for
which a building or land is to be used is in conformance with the
uses permitted and all other requirements under this chapter for the
zone in which it is located.
A certificate issued by the Construction Official for the
construction, reconstruction, remodeling, alteration or repair of
a building upon approval of the submitted application and plans.
Calendar days.
The legal or beneficial owner or owners of any land proposed
to be included in a proposed development, including the holder of
an option or contract to purchase, or other persons 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 or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required pursuant to this chapter.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
[Amended 9-25-1986]
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:1-1 to 58:1-34.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and in an administrative proceeding before
a municipal agency, any person, whether residing within or without
the municipality, whose right to use, acquire or enjoy property is
or may be affected by any action taken under this chapter or whose
rights to use, acquire or enjoy property under this chapter or under
any law of this state or of the United States has been denied, violated
or infringed by an action or a failure to act hereunder.
Any off-street space available for the loading or unloading
of goods and having direct usable access to the street or alley.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
[Amended 9-25-1986]
The area of a lot expressed in square feet or acres. Any
portion of a lot included within the right-of-way of a street shall
not be included in calculating lot area. However, any portion of a
lot or lots dedicated to the Borough for other public use shall not
be deducted from the calculation of the lot area.
Any security, other than cash, which may be accepted by the
Borough for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
[Amended 9-25-1986]
A development plan of one or more lots which requires site
plan approval and which:
[Added 12-26-2009]
Proposes new development which is limited to any or all of the
following:
Proposes only a change in use or occupancy to one permitted
in the zone district;
An increase and/or decrease in the floor area of (an) existing
principal building(s), provided that the change involves no more than
5% of the existing floor area or 2,500 square feet, whichever is less.
An increase and/or decrease in the floor area of (an) existing
principal building(s) of more than 5% of the existing floor area or
2,500 square feet, whichever is less, provided that the Planning Board
determines that the proposed development, construction, reconstruction,
alteration or change in use does not affect circulation, water supply,
sewage disposal, drainage, landscaping, signs, lighting, off-street
parking or loading, or other off-tract conditions.
Construction of (an) accessory building(s) or accessory structure(s)
and/or site grading or landscaping with a combined floor area and/or
ground surface area, as applicable, of no greater than 250 square
feet.
Notwithstanding the provisions of this section, no development plan or proposal described in Subsections (1) and (2) of this Subsection A shall be deemed to require site plan approval under the Land Use Ordinances of the Borough of Allendale unless the Construction Code Official shall have first determined that the same may affect circulation, water supply, sewage disposal, drainage, landscaping, signs, lighting, off-street parking or loading, or other off-tract conditions.
Does not involve planned development, any new street or extension
of off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-42; and
Contains the information reasonably required in order to make
an informed determination as to whether the requirements established
by this chapter for approval of a minor site plan have been met.
Any subdivision that does not involve the creation of more
than three lots, a planned development, any new street or an extension
of any off-tract improvement.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Reduction in lot sizes and lot area requirements is permitted
in major subdivisions in the AAA and AA Residence Zone Districts in
which the density requirements related to dwelling units are maintained
and where all resulting undeveloped land within said subdivision is
devoted to the public purposes as defined by the Zoning Ordinance
of the Borough of Allendale.[1]
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings to develop
the same under this chapter or any other ordinance.
For the purposes of notice, any applicant for development,
the owners of the subject property and all owners of property and
government agencies entitled to notice under N.J.S.A. 40:55D-12.
[Amended 9-25-1986]
Any security which may be accepted by the Borough, including
cash, provided that the Borough shall not require more than 10% of
the total performance guaranty in cash.
The Planning Board of the Borough of Allendale.
The map or maps of a subdivision or site plan.
Rights conferred pursuant to this chapter prior to final
approval after specific elements of a development plan have been agreed
upon by the Planning Board and applicant.
The preliminary map, indicating the proposed layout of the subdivision, which is submitted to the Planning Board for its consideration and tentative approval and meeting the requirements of § 147-10B of this chapter.
A development plan of 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
and screening devices; and any other information required by this
chapter that may be reasonably required in order to make an informed
determination pursuant to this chapter.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway; or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action; or a street or way
on a plat duly filed and recorded in the office of the county recording
officer prior to the appointment of a Planning Board and the grant
to such Board of the power to review plats, and includes the land
between the street lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, sidewalks, parking areas and
other areas within the street lines. For the purpose of this chapter,
"streets" shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSThose which are parallel with and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
[Amended 9-25-1986]:
Divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots,
tracts or parcel 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 this chapter and are shown and designated
as separate lots, tracts or parcels on the Tax Map or atlas of the
Borough.
The term "subdivision" shall also include the
term "resubdivision."
[Amended 9-25-1986; 1-26-1989]
A.
All applications for site plan and subdivision approval
must be accompanied by an amount sufficient to cover the filing and
other fees established by the Borough Council by ordinance.[1] In addition to such fees, amounts shall be deposited to
establish escrow accounts for legal and engineering fees as follows:
B.
Such additional moneys must be deposited in an escrow
account from time to time during the pendency of the application,
as directed by the Planning Board or the Board of Adjustment, in order
to cover legal and engineering fees incurred by the Borough in the
processing of the application, and such other fees and costs for other
professional consultants as the Planning Board or the Board of Adjustment
may from time to time reasonably and within its sole discretion determine
are necessary for a proper review of the application and to supplement
the applicant in support thereof.
C.
In making a determination as to what professional
consultants shall be required, if any, except for the services and
fees of the attorney for the Planning Board or the Board of Adjustment
and the Borough Engineer, the Planning Board or the Board of Adjustment
shall review the application and consider the adequacy and credibility
of the presentation to it in the following areas:
D.
When the Planning Board or the Board of Adjustment
makes a determination that an additional professional consultant's
services are required, it shall estimate the fees and costs therefor.
Notice of such fees and costs shall be conveyed to the applicant,
who shall forthwith deposit such funds in an escrow account with the
Treasurer of the Borough of Allendale. Any funds contained within
the escrow account not required for legal, engineering or other professional
consultants shall be returned to the applicant upon completion of
the improvement involved. In the event of a failure by an applicant
to comply with these regulations or to deposit the escrow funds determined
by ordinance or by the appropriate board as set forth herein, the
Planning Board or the Board of Adjustment may, in its discretion,
suspend or dismiss proceedings before it or suspend or revoke such
municipal permits as may have been issued with regard to said application
following approvals by the board.
E.
Payments to professionals, deposits and procedures.
[Added 11-13-1997]
(1)
Escrow deposits. In addition to the initial fees or charges as elsewhere set forth, the municipal agency shall require escrow deposits in accordance with the provision of the fee and deposit schedule set forth in § 147-51A. (The amount of initial deposit shall be calculated in accordance with 40:55D-53.2b.) The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill.
(2)
Scope of reimbursed services. The municipality shall
be entitled to be reimbursed for the review of applications, both
as to completeness and as to content, and for the review and preparation
of documents such as, but not limited to drafting resolutions, developer's
agreements and necessary correspondence with the applicant or applicant's
professionals.
(3)
Deposit of escrow funds; refunds. Deposits received
from any applicant in excess of $5,000 shall be held by the Chief
Financial Officer in a a special interest-bearing deposit account,
and upon receipt of bills from professionals and approval of said
bills as hereinafter provided for, the Chief Financial Officer may
use such funds to pay the bills submitted by such professionals or
experts. The municipality shall not be required to refund an amount
of interest paid on a deposit which does not exceed $100 for the year.
If the amount of interest exceeds $100, the entire amount shall belong
to the applicant and shall be refunded to him by the municipality
annually or at the time the deposit is repaid or applied for the purposes
for which it was deposited, as the case may be, except that the municipality
may retain for administrative expenses a sum equivalent to no more
than 3 31/3% of that entire amount, which shall be in lieu of
all other administrative and custodial expenses. All sums not actually
so expended shall be refunded to the applicant within 90 days after
the final decision by the appropriate municipal agency with respect
to such application, upon certification by the Board Secretary that
such application has been finally decided.
(4)
Payments.
(a)
Each payment charged to the deposit for review
of applications, review and preparation of documents and inspection
of improvements shall be pursuant to a voucher from the professional,
which voucher shall identify the personnel performing the service
and each date the services were performed, the hours spent to one-quarter-hour
increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial officer. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer of the municipality simultaneously
to the applicant and the municipal agency for whom said services were
performed.
(b)
The Chief Financial Officer shall prepare and
send to the applicant a statement which shall include an accounting
of funds listing all deposits, interest earnings, disbursements and
the cumulative balance of the escrow account. This information shall
be provided on a quarterly basis if monthly charges are $1,000 or
less, or on a monthly basis if monthly charges exceed $1,000. If an
escrow account or deposit contains insufficient funds to enable the
municipality or approving authority to perform required application
reviews or improvement inspections, the Chief Financial Officer shall
provide the applicant with a notice of the insufficient escrow or
deposit balance. In order for work to continue on the development
or the application, the applicant shall, within a reasonable time
period, post a deposit to the account in an amount to be agreed upon
by the municipality or approving authority and the applicant. In the
interim, any required health and safety inspections shall be made
and charged back against the replenishment of funds.
(5)
Payments required prior to issuance of permits. No
zoning permits, building permits, certificates of occupancy or any
other types of permits may be issued with respect to any approved
application for development until all bills for reimbursable services
have been received by the municipality from professional personnel
rendering services in connection with such application and payment
has been made.
(6)
Closeout procedures.
(a)
The following closeout procedures shall apply
to all deposits and escrow accounts established under the provisions
of N.J.S.A. 40:55D-1 et seq. and shall commence after the approving
authority has granted final approval and signed the subdivision plat
or site plan, in the case of application review escrows and deposits;
or after the improvements have been approved in accordance with N.J.S.A.
40:55D-53, in the case of improvement inspection escrows and deposits.
(b)
The applicant shall send written notice by certified
mail to the Chief Financial Officer of the municipality and the approving
authority and to the relevant municipal professional, that the application
or the improvements, as the case may be, are completed. After receipt
of such notice, the professional shall render a final bill to the
Chief Financial Officer of the municipality within 30 days and shall
send a copy simultaneously to the applicant. The Chief Financial Officer
of the municipality shall render a written final accounting to the
applicant on the uses to which the deposit was put within 45 days
of receipt of the final bill. Any balances remaining in the deposit
or escrow account, including interest in accordance with N.J.S.A.
40:55D-53.1, shall be refunded to the developer along with the final
accounting.
(7)
Scope of charges. All professional charges for review
of an application for development, review and preparation of documents
or inspection of improvements shall be reasonable and necessary, given
the status and progress of the application or construction. Review
fees shall be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with the conditions of approval, or review of requests
for modification or amendment made by the applicant. A professional
shall not review items which are subject to approval by any state
governmental agency and not under municipal jurisdiction except to
the extent consultation with a state agency is necessary due to the
effect of state approvals on the subdivision or site plan.
(8)
Limitation of inspection fees. Inspection fees shall
be charged only for actual work shown on a subdivision or site plan
or required by an approving resolution. Professionals inspecting improvements
under construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work, and such
inspections shall be reasonably based on the approved development
plans and documents.
(9)
Substitution of professionals. If the municipality
retains a different professional or consultant in the place of a professional
originally responsible for development application review or inspection
of improvements, the municipality or approving authority shall be
responsible for all time and expenses of the new professional to become
familiar with the application or the project, and the municipality
or approving authority shall not bill the applicant or charge to the
deposit or the escrow account for any such services.
(10)
Estimate of cost of improvements. The cost of
the installation of improvements for the purposes of N.J.S.A. 40:55D-53
shall be estimated by the Municipal Engineer based on documented construction
costs for the public improvements prevailing in the general area of
the municipality. The developer may appeal the Municipal Engineer's
estimate to the County Construction Board of Appeals, established
pursuant to N.J.S.A. 52:27D-127.
(11)
Appeals.
(a)
An applicant shall notify in writing the governing
body with copies to the Chief Financial Officer, the approving authority
and the professional whenever the applicant disputes the charges made
by a professional for a service rendered to the municipality in reviewing
applications for development, review and preparation of documents,
inspection of improvements or other charges made pursuant to N.J.S.A.
40:55D-53.2. The governing body or its designee shall within a reasonable
time attempt to remediate any disputed charges. If the matter is not
resolved to the satisfaction of the applicant, the applicant may appeal
to the County Construction Board of Appeals, established pursuant
to N.J.S.A. 52:27D-127, any charge to an escrow account or deposit
by any municipal professional or consultant or the cost of the installation
of improvements estimated by the Municipal Engineer pursuant to N.J.S.A.
40:55D-53.4. An applicant or his authorized agent shall submit the
appeal in writing to the County Construction Board of Appeals. The
applicant or his authorized agent shall simultaneously send a copy
of the appeal to the municipality, approving authority and any professional
whose charges are the subject of the appeal. An applicant shall file
an appeal within 45 days from receipt of the informational copy of
the professional's voucher required by N.J.S.A. 40:55D-53.2c, except
that, if the professional has not supplied the applicant with an informational
copy of the voucher, then the applicant shall file his appeal within
60 days from receipt of the municipal statement of activity against
the deposit or escrow account required by N.J.S.A. 40:55D-53.2c. An
applicant may file an appeal for an ongoing series of charges by a
professional during a period not exceeding six months to demonstrate
that they represent a pattern of excessive or inaccurate charges.
An applicant making use of this provision need not appeal each charge
individually.
(b)
Appeals shall be taken in accordance with the
rules and procedures established by the County Construction Board
of Appeals.
(c)
During the pendency of any appeal, the municipality
or approving authority shall continue to process, hear and decide
the application for development and to inspect the development in
the normal course and shall not withhold, delay or deny reviews, inspections,
signing of subdivision plats or site plans, the reduction or the release
of performance or maintenance guaranties, the issuance of construction
permits or certificates of occupancy or any other approval or permit
because an appeal has been filed or is pending under this subsection.
The Chief Financial Officer of the municipality may pay charges out
of the appropriate escrow account or deposit for which an appeal has
been filed. If a charge is disallowed after payment, the Chief Financial
Officer of the municipality shall reimburse the deposit or escrow
account in the amount of any such disallowed charge or refund the
amount to the applicant. If a charge is disallowed after payment to
a professional or consultant who is not an employee of a municipality,
the professional or consultant shall reimburse the municipality in
the amount of any such disallowed charge.
A.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditional on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which Borough approval is required by this chapter, such person
shall be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation.
B.
Any owner, tenant or other occupant, agent, architect, builder, contractor or any other workman or any other person who shall commit, take part or assist in any violation, other than a violation set forth in Subsection A above, or who shall knowingly maintain any building or premises in which any violation of this chapter shall exist may, upon conviction thereof, for each and every violation, be fined not exceeding $500 or be imprisoned in the Bergen County Jail for a period not exceeding 90 days, or both, in the discretion of the court. Each day that a violation is permitted to exist shall constitute a separate offense.
C.
Civil remedy for unlawful building. In case any building
or structure is erected, constructed, altered, repaired, converted
or maintained, or any building, structure or land issued in violation
of this chapter, the Borough Council, the Building Inspector or an
interested party, in addition to other remedies, may institute any
appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use, to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land, or to prevent any illegal
act, conduct, business or use in or about such premises.
D.
Civil remedy for unlawful sale of land.
(1)
In addition to the other remedies set forth in this chapter, the Borough Council or Borough Inspector may, in the event of a sale, transfer or agreement which violates § 147-52A of this chapter, institute and maintain an action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate as to approval of subdivision of land shall not have been issued for such conveyance.
(2)
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 developer
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 said land, or within six years
if unrecorded.
E.
Conditional
approvals; enforcement; civil remedies. No person, firm, corporation,
owner, developer, tenant or other occupant shall knowingly violate
any condition of any resolution approving any site plan, subdivision
or variance, or any condition contained within any developer’s
agreement pertaining thereto. Such violation shall constitute a violation
of this chapter. In addition to any other remedies provided by law,
the Borough or Zoning Official may institute and maintain an action
in the Municipal Court. A violation of this section shall subject
the offender to a fine not exceeding $1,000 or to imprisonment in
jail for a period not exceeding 90 days, or to both, in the discretion
of the Court. Each day that a violation is permitted to exist shall
constitute a separate offense.
[Added 1-22-2009]
This chapter shall take effect on December 1,
1977, and upon passage and publication as required by law.
All applications for subdivision and site plan
review filed prior to the effective date of this chapter may be continued.
Immediately upon adoption of this chapter, the
Borough Clerk shall file a copy of this chapter with the County Planning
Board as required by law.
