A.
Pursuant to the provisions of Section 28, P.L. 1975, c. 291 (N.J.S.A. 40:55D-37) approval of subdivision plats by resolution of the Planning Board shall be required as a condition for the filing of such plats with the county recording officer. Approval of site plans by resolution of the Planning Board shall be required as a condition for the issuance of a building permit and certificate of occupancy for any development, except that subdivision or individual lot applications for detached one- or two-dwelling-unit buildings shall be exempt from such site plan review and approval, provided that the resolution of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to § 186-93B.
B.
Each application for subdivision approval, where required
pursuant to Section 5 of P.L. 1968, c. 285 (N.J.S.A.40:27-6.3), and
each application for site plan approval where required pursuant to
Section 8 of P.L. 1968, c. 285 (N.J.S.A.40:27-6.6), shall be submitted
by the applicant to the County Planning Board for review and approval,
as required by the aforesaid sections, and the approving authority
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.
The purpose of this article shall be to provide
rules, regulations and standards to guide land subdivision in the
Borough, in order to promote the public health, safety, convenience
and general welfare of the Borough. It shall be administered to insure
the orderly growth and development, the conservation, protection and
proper use of land and adequate provision for circulation, utilities
and services.
As used in this article, the following terms
shall have the meanings indicated:
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 Chapter
16A of Title 58 of the Revised Statutes (N.J.S.A. 58:16A-1 et seq.).
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 proper county recording officer.
See § 186-3.
[Amended 7-17-1979 by Ord. No. 1134]
All subdivisions not classified as minor subdivisions.
A composite of the mapped and written proposals recommending
the physical development of the Borough which shall have been duly
adopted by the Planning Board.
Any subdivision containing not more than three lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the
development of the remainder of the parcel or adjoining property and
not in conflict with any provision or portion of the Master Plan,
Official Map, the Zoning Ordinance of this chapter.
A map adopted in accordance with the Official Map and Building
Permit Act, N.J.S.A. 40:55D-32 et seq., or any other act authorizing
such adoption. Such a map shall be deemed to be conclusive with respect
to the location and width of the streets, public parks, and playgrounds,
and drainage right-of-way shown thereon.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceeding to subdivide
the same under this chapter.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board or other
approving body approves a plat, including performance bonds, escrow
agreements and other similar collateral or surety agreements, provided
that the Borough shall not require more than 10% of the total performance
guaranty in cash.
The map of a subdivision.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the administrative officer for Planning Board consideration and tentative approval and meeting the requirements of § 186-89B.
[Amended 7-17-1979 by Ord. No. 1134]
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 186-89.
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 of the appointment of Planning Board and including 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 streets are those which are used primarily
for fast or heavy traffic.
Collector streets are those which carry traffic
from minor streets to the major system of arterial streets including
the principal entrance to streets of a residential development and
streets for circulation within such a development.
Minor streets are those which are used primarily
for access to the abutting properties.
Marginal access streets are streets which are
parallel to and adjacent to arterial streets and highways and which
provide access to abutting properties and protection from through
traffic.
Alleys are minor 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, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development, except that
the following divisions shall not be considered subdivisions, provided
that no new streets or roads are involved: divisions of land for agricultural
purposes where the resulting parcels are five acres or larger in size;
divisions of property by testamentary or intestate provisions; divisions
of property upon court order; conveyance so as to confine existing
lots by deed or other instrument. "Subdivision" also includes resubdivision
and, where appropriate to the context, relates to the process of subdividing
or to the lands or territory divided.
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this article, and such other
duties relating to land subdivision which may be conferred on this
Committee by the Board.
A.
Submission of sketch plat.
(1)
Any owner of land within the Borough shall, prior
to subdividing or resubdividing land, as defined in this chapter,
submit to the Secretary of the Planning Board at least two weeks prior
to the regular meeting of the Board, nine copies of a sketch plat
of the proposed subdivision for purposes of classification and preliminary
discussion.
(2)
If classified and approved as a minor subdivision
by unanimous action of the Subdivision Committee, a notation to that
effect will be made on the sketch plat. (Where county Planning Board
approval is required, it will be forwarded to that Board for its consideration).
The plat will then be signed by the Secretary and Chairperson of the
Planning Board, and returned to the subdivider within one week following
the next regular meeting of the Planning Board.
(3)
Minor subdivisions. Minor subdivision approvals shall
be granted or denied within 45 days of the date of submission of a
sketch plat to the Planning Board or within such further time as may
be consented to by the applicant. Approval of a minor subdivision
shall expire 190 days from the date of Planning Board approval unless
within such period a plat in conformity with such approval and the
provisions of N.J.S.A. 46:23-9.9 et seq. or a deed clearly describing
the approved minor subdivision, is filed by the developer with the
Municipal Engineer and the Municipal Tax Assessor and filed or recorded
by the developer with the County Recording Office.
B.
Submission of preliminary plat of major subdivision
for tentative approval.
[Amended 7-17-1979 by Ord. No. 1134]
(1)
At least eight black-on-white prints of the preliminary
plat together with three completed application forms for preliminary
approval shall be submitted to the Construction Official two weeks
prior to the Planning Board meeting at which consideration is desired.
At the time of filing, a fee of $100 shall be paid to the Borough
Clerk. The time for the Board's review shall not begin to run until
the submission of a complete application with the required fee. Unless
the applicant is informed in writing by the Secretary of the Planning
Board within 45 days of the actual submission of the application that
it is incomplete, said application shall be deemed complete as of
the date it was submitted.
(2)
The applicant shall notify by mail at least ten days
prior to the hearing all property owners within 200 feet of the extreme
limits of the subdivision as their names appear on the Borough tax
record. The notice shall state the time and place of hearing, a brief
description of the subdivision and that a copy of the subdivision
has been filed with the Borough Clerk for public inspection. The applicant
shall also cause notice of the hearing to be published in the official
newspaper or a newspaper of general circulation in the Borough at
least 10 days prior to the hearing.
(3)
Copies of the preliminary plat shall be forwarded
by the Secretary of the Planning Board prior to the hearing to the
following persons:
C.
Reservation of public areas.
(1)
Before approving a subdivision or site plan, the Planning
Board shall require that streets, public drainageways, flood control
basins and public areas, designated for reservation on the Master
Plan, must be shown on the plat in locations and sizes suitable to
their intended uses. The approving authority may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
for a period of up to one year after the approval of the final plat
or within such further time as may be agreed to by the developer.
Unless during such period or extension thereof, the Borough shall
have entered into a contract to purchase or institute condemnation
proceedings according to law for the fee or a lesser interest in the
land comprising such streets, ways, basins or areas, the developer
shall not be bound by such reservations, shown on the plat and may
proceed to use such land for private use in accordance with applicable
development regulations. The provisions of this section shall not
apply to streets and roads or public drainageways necessitated by
the subdivision or land development and required for final approval.
(2)
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use. In such instance, unless a lesser amount has previously
been mutually agreed upon, just compensation shall be deemed to be
the fair market value of an option to purchase the land reserved for
the period of reservations, provided that determination of such fair
market value shall include, but not be limited to, consideration of
the real property taxes apportioned to the land reserved and prorated
for the period of reservation. The developer shall be compensated
for the reasonable increased cost of legal, engineering, or other
professional services incurred in connection with obtaining subdivision
approval of site plan approval, as the case may be, caused by the
reservation.
(3)
Upon the submission to the approving authority of
an application for development showing development proposed for an
area reserved on the Master Plan, the Secretary of the approving authority
shall notify the Borough Council in writing of such application, and
that the approving authority intends to grant approval for said development
in the reserved area unless the Borough Council notifies the approving
authority prior to the date for final approval that it intends to
reserve the area in question and will provide compensation to the
developer for such reservation. Said notice of intent to reserve shall
be in the form of a resolution by the Borough Council. The Borough
Council shall thereupon proceed either to reach an agreement with
the developer as to the amount of compensation to be paid for such
reservation, or negotiate a purchase price for said reserved area.
Upon the Borough Council arriving at the amount to be paid the developer
by way of compensation for reservation or purchase, said amount shall
be deposited in escrow for the benefit of the developer.
D.
Time for decision.
(1)
Upon the submission to the administrative officer of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief pursuant to § 186-19 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Secretary of the Planning Board, or within such further time as may be consented by the applicant.
[Amended 7-17-1979 by Ord. No. 1134]
(2)
Upon the submission of a complete application for
a site plan for more than 10 acres or for a conditional use approval,
the Planning Board shall grant or deny preliminary approval of the
site plan and/or approval of the conditional use within 95 days of
the date of such submission or within such further time as may be
consented to by the applicant.
(3)
Upon the submission to the Secretary of the Planning Board of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in § 186-88 of this chapter, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for subdivision approval also involves an application for relief pursuant to § 186-19 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the Secretary of the Planning Board, or within such further time as may be consented to by the applicant.
(4)
Upon the submission of a complete application for
a subdivision of more than 10 lots, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
(a)
Failure of the Planning Board to reach a decision
within the specified time periods or extensions thereof shall result
in the approval of the subdivision and/or site plan and/or conditional
use as submitted.
(b)
The Planning Board may waive site plan approval
requirements if the construction or alteration or change of occupancy
or use does not affect existing circulation, drainage, relationships
of buildings to each other, landscaping, buffering, lighting and other
considerations of site plan review.
(c)
If the Planning Board requires any substantial
amendment in the layout of improvements proposed by the developer
that have been the subject of a hearing, an amended application for
development shall be submitted and proceeded upon, as in the case
of the original application for development. The Planning Board shall,
if the proposed development complies with this chapter, grant preliminary
subdivision or site plan approval.
(d)
If the Planning Board acts favorably on a preliminary
plat, a notation to that effect shall be made on the plat and the
plat shall be signed by the Chairman and Secretary of the Planning
Board.
A.
Preliminary approval shall confer upon the applicant
the following rights for a three-year period from the date of approval:
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs,
and sidewalks; lot size; yard dimensions and off-tract improvements;
and, in the case of a site plan, existing natural resources to be
preserved on the site; vehicular and pedestrian circulation, parking
and loading; screening, landscaping and location of structures; exterior
lighting both for safety reasons and streetlighting; except that nothing
herein shall be construed to prevent the Borough from modifying by
ordinance such general terms and conditions of preliminary approval
as relate to public health and safety;
(2)
That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary subdivision plat or site
plan; and
(3)
That the applicant may apply for and the reviewing
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.
B.
In the case of a subdivision or site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsections A(1), (2) and (3) above for such period of time, longer than three years as shall be determined by the reviewing board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
A.
The final plat shall be submitted to the Secretary
of the Planning Board for forwarding to the Board for final approval
within three years from the date of preliminary approval. The Planning
Board shall act upon the final plat within 45 days after the date
of submission for final approval to the Secretary. Failure of the
Planning Board to act within the period prescribed shall constitute
final approval, and a certificate of the administrative officer as
to the failure of the Planning Board to act shall be issued on request
of the applicant and it shall be sufficient in lieu of a written endorsement
or other evidence of approval herein required and shall be so accepted
by the county recording office for purposes of filing subdivision
plats.
B.
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3) in the case of a subdivision or Section 8
of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6) in the case of a site plan,
the Municipal Planning Board shall condition any approval that it
grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
C.
The original tracing, eight black-on-white prints
and three copies of the application form for final approval shall
be submitted to the Secretary of the Planning Board at least five
days prior to the date of a regular Planning Board meeting. Unless
the preliminary plat is approved without changes or modifications
required by the Planning Board.
[Amended 7-17-1979 by Ord. No. 1134]
D.
The final plat shall be accompanied by a statement
by the Borough Engineer that he is in receipt of a map showing all
utilities in exact location and elevation identifying those portions
already installed and those to be installed and that the subdivider
has complied with one or both of the following:
F.
Failure of the Planning Board to act within the allotted
time or a mutually agreed upon extension shall be deemed to be favorable
approval and the Borough Clerk shall issue a certificate to that effect.
G.
If any property owner within 200 feet shall be aggrieved
by the action of the Planning Board, appeal in writing to the Borough
Council may be taken within 10 days after the date of the action of
the Planning Board. A hearing thereon shall be had on notice to all
parties in interest, who shall be afforded an opportunity to be heard.
After such hearing the Borough Council may affirm or reverse the action
of the Planning Board by a recorded vote of a majority of the total
members thereof. The findings and reasons for the disposition of the
appeal shall be stated on the records of the Borough Council and the
applying party shall be given a copy.
H.
Upon final approval, nine copies of the final plot
shall be filed with the Secretary of the Planning Board.
I.
The final plat, after final approval by the Planning
Board shall be filed by the subdivider with the county recording officer
within 95 days from the date of such approval. If any final plat is
not filed within this period, the approval shall expire.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 186-90 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 186-91I of this chapter. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required in § 186-91I of this chapter, the approving attorney may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 186-90 of this chapter for the section granted final approval.
A.
The approving authority when acting upon applications
for preliminary or minor subdivision approval shall have the power
to grant such exceptions from the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions for subdivision review and approval of this chapter,
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
B.
The approving agency when acting upon an application
for preliminary site plan approval shall have the power to grant such
exceptions from the requirements for site plan approval as may be
reasonable and within the general purpose and intent of this chapter,
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
C.
The approving authority 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 approving authority, or the approving
authority being required to hold further hearings. The longest time
period for action by the approving authority, 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
subsection, notice of the hearing on the plat shall include reference
to the request for such conditional use.
A.
Sketch plat. The sketch plat shall be prepared by
a licensed land surveyor, based on Tax Map information or some other
similarly accurate base at a scale not less than 400 feet to the inch
to enable the entire tract to be shown on one sheet and shall show
or include the following information:
(1)
The location of that portion which is to be subdivided
in relation to the entire tract.
(2)
All existing structures and wooded areas within the
portion to be subdivided and within 200 feet thereof.
(3)
The name of the owner and of all adjoining property
owners as disclosed by the most recent municipal tax records.
(4)
The Tax Map sheet, block and lot numbers, as assigned
by the Borough Engineer.
(5)
All street or roads and streams within 500 feet of
the subdivision.
B.
Preliminary plat. The preliminary plat shall be clearly
and legibly drawn or reproduced at a scale of not less than one inch
equals 100 feet. Preliminary plats shall be designed and drawn by
a licensed New Jersey land surveyor, or by a licensed planner. The
plat shall be designed in compliance with the provisions of Section
and shall show or be accompanied by the following information:
[Amended 7-17-1979 by Ord. No. 1134]
(1)
A key map showing the entire subdivision and its relation
to surrounding areas.
(3)
Acreage of tract to be subdivided to nearest tenth
of an acre.
(4)
Sufficient elevations or contours to determine the
general slope and natural drainage of the land and the high and low
points and tentative cross-sections and center-line profiles for all
proposed new streets.
(5)
The location of existing and proposed property lines,
streets, buildings, watercourses, railroads, bridges, culverts, drain
pipes and any natural features such as wooded areas and rock formations.
(6)
Plans of proposed utility layouts (sewers, storm drains,
water, gas and electricity) showing feasible connections to existing
or any proposed utility systems. When an individual waste supply or
sewage disposal system is proposed, the plan for such system must
be approved by the appropriate local, county or state health agency.
When a public sewage disposal system is not available, the developer
shall have percolation tests made and submit the results with the
preliminary plat. Any subdivision or part thereof which does not meet
with the established requirements of this chapter or other applicable
regulations shall not be approved. Any remedy proposed to overcome
such a situation shall first be approved by the appropriate local,
county or state health agency.
C.
Final plat. The final plat shall be drawn in ink on
tracing cloth at a scale of not less than one inch equals 50 feet
and in compliance with all the provisions of N.J.S.A. 46:23-9.11,
the Map Filing Law. The final plat shall show or be accompanied by
the following:
(1)
Date, name and location of the subdivision, name of
owner, graphic scale and reference meridian.
(2)
Tract boundary lines, right-of-way lines of streets,
street names, easements and other rights-of-way, land to be reserved
or dedicated to public use, all lot lines and other site lines, with
accurate dimensions, bearings or deflection angles, and radii, arcs,
and central angles of all curves.
(3)
The purpose of any easement or land reserved or dedicated
to public use shall be designated, and the proposed use of sites other
than residential shall be noted.
(4)
Each block shall be numbered, and the lots within
each block shall be renumbered consecutively beginning with number
one.
(5)
Minimum building setback line on all lots and other
sites.
(6)
Location and description of all monuments.
(7)
Names and owners of adjoining unsubdivided land.
(8)
Certification by engineer or surveyor as to accuracy
of details of plat.
(9)
Certification that the applicant is agent or owner
of the land, or that the owner has given consent under an option agreement.
(10)
When approval of a plat is required by any officer
or body of such a municipality, county or state approval shall be
certified on the plat.
(11)
Cross sections and profiles of streets, approved
by the Borough Engineer may be required to accompany the final plat.
(12)
Contours at five-foot intervals for slopes averaging
10% or greater and at two-foot intervals for land of lesser slope.
(13)
Plans and profiles of storm and sanitary sewers
and water mains.
(14)
Certificate from the Tax Collector that all
taxes are paid to date.
A.
Before recording of final subdivision plats, or as
a condition of final site plan approval, the approving authority may
require and shall accept in accordance with the standards adopted
by this chapter for the purpose of assuring the installation and maintenance
of on-tract improvements:
(1)
The furnishing of a performance guarantee in favor
of the Borough in an amount not to exceed 120% of the cost of installation
for improvements it may deem necessary or appropriate, including streets,
grading, pavement, curbs, sidewalks, shade trees, surveyor's monuments,
as shown on the final map and required by the Map Filing Law, P. L.
1960 c. 141 (N.J.S.A. 46:23-9.9 et seq.), culverts, storms sewers,
sanitary sewers, or other means of sewage disposal, street signs,
approved traffic control signs, road stripes, site restoration, lawns,
sod, drainage structures, erosion control and sedimentation control
devices, public improvements of open space and, in the case of site
plans only, other on-site improvements and landscaping, provided that
no more than 10% of the total performance guarantee shall be required
to be in cash, and the balance shall be in the form of a bond from
a bonding company approved by the Borough Council. The Borough Engineer
shall review the improvements required by the approving authority
which are to be bonded and itemize their cost. Said itemization shall
be the basis for determining the amount of performance guarantee and
maintenance guarantee required by the approving authority. The Borough
Engineer shall forward his estimate of the cost of improvements to
the applicant within 30 days of the date of receipt of a request sent
by certified mail for said estimate.
(2)
The furnishing of a maintenance guarantee to be posted
with the Borough Council for a period not to exceed two years after
final acceptance of the improvement, in an amount not to exceed 15%
of the cost of the improvement. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or the improvements are covered by a performance or
maintenance guarantee to another governmental agency, no performance
of maintenance guarantee, as the case may be, shall be required for
such utilities or improvements.
B.
The amount of any performance guarantee may be reduced
by the Borough Council by resolution, when portions of the improvements
have been certified by the Borough Engineer to have been completed.
The time allowed for installation of the improvements for which the
performance guarantee has been provided may be established by the
Borough Council by resolution.
C.
If the required improvements are not completed or
corrected in accordance with the performance guarantee, the obligor
and surety, if any, shall be liable thereon to the Borough for the
reasonable cost of the improvements not completed or corrected, and
the Borough may, either prior to or after the receipt of the proceeds
thereof, complete such improvements.
D.
When all of the required improvements have been completed,
the obligor shall notify the Borough Council in writing, by certified
mail addressed in care of the Borough Clerk of the completion of said
improvements and shall send a copy thereof to the Borough Engineer.
Thereupon, the Borough Engineer shall inspect all of the improvements
and shall file a detailed report, in writing, with the Borough Council
indicating either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
E.
The Borough Council shall either approve, partially
approve or reject the improvements, on the basis of the report of
the Borough 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 guarantee, except for the
improvements not yet approved. Failure of the Borough Council 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 guarantee.
F.
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.
The subdivider shall observe the following requirements
and principles of land and subdivision in the design of each subdivision
or portion thereof.
The subdivision plat shall conform to design
standards that will encourage good development patterns within the
Borough. Where either or both an Official Map or Master Plan has or
have been adopted, the subdivision shall conform to the proposals
and conditions shown thereon. The streets, drainage rights-of-way,
school sites, public parks, and playgrounds shown on an officially
adopted Master Plan or Official Map shall be considered in approval
of subdivision plans. Street and drainage rights-of-way shall be shown
on the final plat in accordance with Section 20 of Chapter 433 of
the Laws of 1953 and shall be such as to lend themselves to the harmonious
development of the Borough and enhance the public welfare in accordance
with the following design standards.
A.
The arrangement of streets not shown on the Master
Plan shall be such as to provide for the appropriate extension of
existing streets.
B.
Minor streets shall be so designed as to discourage
through traffic.
C.
Subdivision abutting arterial streets shall provide
a marginal service road or reverse frontage with a buffer strip for
planting, or some other means of separation of through and local traffic
as the Planning Board may determine appropriate.
D.
Right-of-way width.
(2)
The right-of-way width for internal roads and 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 accommodate the maximum traffic, parking and
loading needs and maximum access for fire-fighting equipment.
E.
No subdivision showing reserve strips controlling
access to streets shall be approved except where the control and disposal
of land comprising such strips have been placed in the governing body
under conditions approved by the Planning Board.
F.
Subdivisions that adjoin or include existing streets
that do not conform to widths as shown on the Master Plan or Official
Map or the street width requirements of this chapter shall dedicate
additional width along either one or both sides of the road. If the
subdivision is along one side only, 1/2 of the required extra width
shall be dedicated.
G.
Grades of 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 1/2% of 1%.
H.
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60º. The block
corners at intersection shall be rounded at the curbline with the
curve having a radius of not less than 20 feet.
I.
Street jogs with center-line offsets of less than
125 feet shall be prohibited.
J.
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
K.
When connecting street lines deflect from each other
at any one point by more than 10º and not more than 45º,
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.
L.
All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
M.
Dead-end streets (culs-de-sac) shall not be longer
than 600 feet and shall provide a turnaround at the end with a radius
of not less than 50 feet and tangent whenever possible to the right
side of the street. If a dead-end street 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.
N.
No street shall have a name which will duplicate or
so nearly duplicate as to be confused with the names of existing streets.
The continuation of an existing street shall have the same name.
A.
Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lot required in
the area by the Zoning Ordinance and to provide for convenient access,
circulation control and safety of street traffic.
B.
In blocks over 1,000 feet long, pedestrian crosswalks
may be required in locations deemed necessary by the Planning Board.
Such walkway shall be 10 feet wide and be straight from street to
street.
[Amended 7-17-1979 by Ord. No. 1134]
C.
For commercial, group housing or industrial use, block
size shall be sufficient to meet all areas and yard requirements for
such use.
B.
Insofar as is practical, side lot lines shall be at
right angles to straight streets, and radial to curved streets.
C.
Each lot must front upon an approved street at least 50 feet in width except lots fronting on streets described in Subsection D.
[Amended 7-17-1979 by Ord. No. 1134]
D.
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra-width line, and
all setbacks shall be measured from such line.
E.
Where there is a question as to the suitability of
a lot or lots for their intended use due to factors such as rock formations,
flood conditions or similar conditions, the Planning Board may, after
adequate investigation withhold approval of such lots.
A.
In large scale development, easements along rear 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 or municipal departments concerned.
B.
Where a subdivision is traversed by a watercourse,
drainageway channel or street, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse, and such further width or construction,
or both, as will be adequate for the purpose.
C.
Natural features such as trees, brooks, hilltops and
views shall be preserved whenever possible in designing any subdivision
containing such features.
A.
The prospective purchaser, prospective mortgagee,
or any other person interested in any land which forms a part of a
subdivision, or which formed part of such a subdivision three years
preceding the effective date of this chapter, may apply in writing
to the Borough Clerk for the issuance of a certificate certifying
whether or not such subdivision has been approved by the Planning
Board. Such application shall contain a diagram showing the location
and dimension of the land to be covered by the certificate and the
name of the owner thereof.
B.
The Borough Clerk shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said 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 of his office.
C.
Each such certificate shall be designated a "certificate
as to approval of subdivision of land," and shall certify:
(1)
Whether there exists in the Borough a duly established
Planning Board and whether there is an ordinance controlling subdivision
of land adopted under the authority of this act.
(2)
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 subdivision of which the lands are a part is
a validly existing subdivision. The Borough Clerk shall be entitled
to demand and receive for such certificate issued by him a reasonable
fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15.
The fees so collected by such Clerk shall be paid by him to the municipality.
[Amended 7-17-1979 by Ord. No. 1134]
D.
The Borough Clerk shall be entitled to demand and
receive for such certificate issued by him a reasonable fee not in
excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees
so collected by such Clerk shall be paid by him to the municipality.
A.
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of § 186-107 of this chapter.
B.
If the Borough Clerk designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application, shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to § 186-107 of this chapter.
C.
Any such application addressed to the Clerk of the
municipality shall be deemed to be addressed to the proper designated
officer, and the municipality shall be bound thereby to the same extent
as though the same was addressed to the designated official.
To defray engineering expenses and other expenses
incidental to the proper processing and recording of subdivisions
or resubdivisions, and to insure proper supervision of all work, the
following schedule of fees is to be paid by the applicant or the developer
in connection with all subdivisions and improvements:
A.
Preliminary plat submission; escrow fund.
(1)
At the time of submission of the preliminary plat,
the subdivider shall pay a fee of $100. In addition, he shall set
up an escrow fund with the escrow agent. This fund shall be used to
pay the fees of professional personnel employed to process, review
and make recommendations on the proposed preliminary plat. The amount
of the fund shall be computed as follows:
(2)
The balance, if any, shall be returned to the subdivider,
upon written request, after final approval of the subdivision by the
Mayor and Council.
B.
For an engineering or other expert examination and
reporting on a final plan which contains new streets, the subdivider
shall pay a fee of $50 for streets up to 300 linear feet and $50 for
each additional 300 linear feet or fraction thereof, payable on presentation
of final plans.
[Amended 7-17-1979 by Ord. No. 1134]
C.
In addition, he shall add to the escrow fund an amount
equal to $35 per lot to be used to pay the fees of professional personnel
employed to process, review, and make recommendations on the final
plat and to inspect and improve construction of all site improvements,
which shall be refundable in whole or in part.
D.
Cost of all prints required by regulations, payable
prior to filing plans in county. For subdivisions on existing streets
when a written report is required, a fee of $10 per lot, minimum fee
$30, payable with preliminary presentation of map.
E.
A fee of $25 shall be paid for examining and processing
minor subdivisions, plus an escrow deposit of $50 for legal and engineering
fees, if any, which shall be refundable in whole or in part.
A.
Failure to obtain final approval. If, before favorable referral and final approval 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 and the Borough Council are required to act, such person shall be subject to the penalty provided for violation of this chapter in Article X.
B.
Civil action.
(1)
In addition to the foregoing, if the streets in the
subdivision are not such that a structure on the land in the subdivision
would meet requirements for a building permit under N.J.S.A. 40:55D-1
et seq., the Borough may institute and maintain a civil action:
(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 subdivider
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 such land, or within six years
if unrecorded.
A.
Primary jurisdiction for the approval of site plans
shall be vested in the Planning Board; provided, however, that in
the event the Zoning Board of Adjustment has initial jurisdiction
over an application which requires incidental site plan approval,
the Zoning Board of Adjustment shall have jurisdiction to grant site
plan approval. Site plan approval by the Planning Board or the Zoning
Board of Adjustment, as the case may be, shall be required for all
new buildings, extensions of existing buildings, alterations to existing
buildings when a new use pursuant to the zoning provisions of this
chapter is intended and separate parking lots without a structure.
As used in this section the word "building" shall not include one-
and two-family dwellings in residential districts. Site plans shall
be submitted to the administrative officer who will refer them to
the Planning Board or the Zoning Board of Adjustment. The Zoning Officer
will process the site plan by determining if it complies with the
provisions of this chapter and all other Borough, county and state
regulations. No building permit shall be issued prior to site plan
review and approval. At least four weeks in advance of the Board meeting
at which a site plan or an amendment to a site plan is to be presented,
the data listed below must be submitted to the administrative officer
in 14 copies together with an application. All drawings must be properly
dimensioned and drawn to a scale of one inch to 20 feet. There shall
be exempted from site plan requirements all alteration or renovation
of an existing structure in a business district wherein the change
of use:
[Amended 7-17-1979 by Ord. No. 1134]
(1)
Is from one retail sale or office use to another retail
sale or office use.
(2)
Does not contemplate the expansion, in terms of square
feet, of sales or office area.
(3)
Does not require any more off-street parking than
the previous use.
(4)
Does involve structural alteration or renovation.
(5)
Does not contemplate an expansion or increase of any
preexisting violation of the provisions of this chapter, or the Zoning
Ordinance.
B.
Information required. The following data shall be
submitted by the applicant:
(1)
The name and address of the lot owner, the lot and
block numbers on the assessment map, and the names of owners of record
of all adjacent property from current tax assessment rolls.
(2)
Existing zoning keyed to the Zoning Map.
(3)
Boundaries of the property, building or setback lines,
location of any existing buildings and kinds and location of any easements
on an existing condition map signed and sealed by a licensed land
surveyor.
(4)
A copy of any covenants or deed restrictions that
cover or are intended to cover the tract or any part thereof.
(5)
Existing contours with intervals of two feet or less,
location of existing watercourses, rock outcrops, wooded areas, single
trees with a diameter of eight inches or more as measured three feet
above the base of the trunk and any other significant existing features.
[Amended 7-17-1979 by Ord. No. 1134]
(6)
Name of development, date, North point, scale, name
and address of record owner, engineer or architect, responsible for
the preparation of the site plan.
(7)
The proposed use or uses of land and building and
proposed location of buildings and accessory structures, including
dimensions of buildings showing location of all entrances, proposed
finished grades of all open spaces and drainage swales and proposed
grades of interior walks, driveways, and parking or other paved areas.
Building out lines shall indicate type of construction, aggregate
floor area and height.
(8)
All means of vehicular area access and egress to and
from the site onto public streets.
(9)
The location and layout of off-street loading areas
and parking areas, showing the number of spaces required for the proposed
building and number of spaces to be required. Aisles, fire lanes,
spaces and driveways shall be clearly dimensioned, as well as designated
snow removal equipment storage areas.
(10)
The proposed location, direction, type of fixture,
power and time of proposed outdoor lighting, including facade lighting
and lighted signs.
(11)
The proposed location and dimensioned elevation
drawings of all signs.
(12)
Proposed screening including the use of walls
or fencing, proposed materials and type of construction to be used.
Where necessary, elevations and cross sections shall be submitted
to indicate clearly architectural features of proposed walls, or fences.
Locations of solid waste storage facilities shall be shown.
(13)
Planting schedule giving the name, number, size
and height and specific location of plants, trees, and shrubs to be
installed.
(14)
The location of any existing or proposed utilities.
(15)
The location and size of any existing or proposed
drainage and sanitary sewer lines, including drainage calculations.
When two or more contiguous lots are being developed
as a single building lot, the application for site plan approval shall
be accompanied by an application for resubdivision and shall be noted
on the Tax Map. Such application for resubdivision shall be handled
first by procedures established by the Subdivision Ordinance. No part
of the lot thus created shall be sold or transferred without approval
from the Planning Board.
The approval of the site plan shall be granted
by the Planning Board upon its determination that the site plan complies
with the statutes of the state, the resolutions of the county and
the ordinances of the Borough and with the following standards and
regulations:
A.
The Planning Board shall take into consideration the
public health, safety and the general welfare, the comfort and convenience
of the public in general and the residents of the immediate neighborhood
in particular, and may attach such conditions and safeguards as a
precondition to approval of the site plan, as in its opinion, will
further the general purpose and intent of this chapter.
B.
The applicant has submitted a site plan containing
all the required information.
C.
The details of the site plan are in accord with the
law of the state, county and Borough, including the local Master Plan,
Official Map, floodplain and other ordinances as may be in existence
at the time of the application.
D.
All trafficways to and from the public street are
adequate but not excessive in number; adequate in width, grade, alignment
and visibility; not located too near street corners, schools or places
of public assembly; and other safety considerations as determined
by the Police Department.
E.
Circulation shall be adequate to provide safe accessibility
to all required off-street parking and loading areas and for emergency
vehicles as determined by the Police and Fire Departments.
F.
All playground, parking and service areas are reasonably
screened, at all seasons of the year, from the view of adjacent residential
lots and streets and that the general landscaping of the site is in
character with the generally prevailing scheme of the neighborhood.
G.
Drainage, sewer lines, retaining walls, culverts and
other capital improvements are adequate as determined by the Borough
Engineer.
H.
Trees and other natural features shall be protected
during construction and preserved to the greatest extent possible.
I.
Provisions shall be made for the safe and adequate
drainage of the surface runoff waters in and out from the premises
so that flooding and erosion of the property and the property of others
will be prevented. Unless otherwise provided by the Board, drainage
facilities shall be designed on the basis of a recommendation of the
Borough Engineer.
J.
Provision shall be made for the regulation of land
in floodplain/way areas.
K.
Provision shall be made for the indoor and enclosed
storage of garbage and refuse. Garbage containers, other than cans
and plastic bags, including dump-type on wheels and large truck body
pickup and transfer units, shall be maintained on site and shall not
be placed within the public right-of-way.
L.
The lighting of the building, of the property and
of all signs on the property shall be such as not to produce glare
at the exterior lots lines of the premises and that the height of
any light source on a commercial, industrial or public facility or
within the property shall not exceed 18 feet. The traffic circulation
patterns shall be such as to eliminate to the extent possible any
glare from the lights of autos onto the adjacent property.
M.
Drainage, sewer lines, retaining walls, culverts,
and other capital improvements are adequate measured by accepted engineering
design standards or Borough regulations and that all required improvements
on the site plan are completed prior to final approval, or subsequent
to approval after posting adequate bonding.
N.
All playground, parking and service areas and parking
lots are reasonably screened at all seasons of the year from the view
of residential lots and streets or from those most likely to be exposed
to the property as determined by the Board.
O.
There is a harmonious relationship between the development
of the site and existing development of contiguous land and adjacent
neighborhoods; that there is a harmonious location of principal and
accessory buildings in relation to the site and in relation to one
another.
P.
Each loading space shall conform to the requirements
of existing zoning regulations as nearly as may be practicable and
be located in such a position as to cause the least hindrance to internal
circulation of traffic and the least noise and aesthetic disturbance
to the public and neighboring property owners. No loading space shall
be located in a position in which any vehicle using the space will
block the free passage of pedestrians or vehicles or the public right-of-way.
Q.
The Board shall approve the most appropriate location
for on-site parking, considering the size and topography of the property,
safety factors, adequate buffering, aesthetics and the elimination
of glare, dust and noise caused by traffic.
R.
Paving shall be in conformity with Borough standards.
Curbs shall be concrete and adequate in size and location to direct
surface water runoff away from neighboring properties and toward approved
drainage systems.
S.
Natural resources shall be preserved to the fullest
extent possible.
T.
Provisions shall be made for the security of employees,
residents of neighboring properties and visitors to the property as
recommended by the Police Department.
U.
Provisions shall be made for required open spaces
as established in existing zoning regulations.
V.
Sidewalks and curbs shall be provided where needed
to protect the safety of pedestrians.
W.
Provisions for the protection and conservation of
soil from erosion due to excavation and grading shall be made to meet
state requirements.
X.
Outside storage when permitted by the appropriate
board shall be shielded from public view and protected by adequate
fencing and screening.
Upon a finding of the Planning Board that, due
to a special condition peculiar to a given site, certain data normally
required is inappropriate or unnecessary, or that strict compliance
with any requirements would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardship upon, the applicant,
the Board may vary or waive such requirements.
The Planning Board shall within 45 days after
receipt of the site plans from the Construction Official approve or
disapprove the proposed development with respect to adequacy of planning
standards for the site. Site plan approval shall expire one year after
approval is granted.
[Amended 12-15-1987 by Ord. No.
2038]
A.
Minor subdivision application fees shall be $50.
B.
Application fee for variances classified in accordance with Article V, § 186-29A(3), and N.J.S.A. 40:55D-70c shall be $50.
C.
Applicants shall be required to pay for all engineering
and legal fees including, but not limited to, charges to the municipality
for amendments to the Tax Map.
D.
Applicants are required to establish an appropriate
escrow account with the municipality to cover anticipated engineering,
legal and expert fees incurred by the municipality including, but
not limited to, any charges to the municipality for amendments to
the Tax Map.
E.
A fee of $300 is required with all applications for
site plan review.
If, before favorable site plan approval, any person clears the site, constructs or begins construction of any new building, or extends a building where a new use is involved, such person shall be subject to a penalty provided for at § 186-105.
A.
A corporation or partnership applying to the Planning
Board or Board of Adjustment or to the Borough Council for permission
to subdivide a parcel of land into six or more lots, or applying for
a variance to construct a multiple dwelling of 25 or more family units
or for approval of a site to be used for commercial purposes shall
list the names and addresses of all stockholders or individual partners
owning at least 10% of its stock of any class or at least 10% of the
interest in the partnership, as the case may be.
B.
If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A of this section, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the ten-percent ownership criterion established in this section, have been listed.
C.
Any corporation or partnership which conceals the
names of the stockholders owning 10% or more of its stock, or of the
individual partners owning 10% or greater interest in the partnership,
as the case may be, shall be subject to a fine of $1,000 to $10,000,
which shall be recovered in the name of the Borough in any court of
record in the state in a summary manner pursuant to N.J.S.A. 2A:58-10
et seq.
D.
Corporate applicants before either Board shall be
represented by an attorney at law licensed to practice in the State
of New Jersey.
