Borough of East Rutherford, NJ Subdivision Approval

The application shall be accompanied by 18 copies of the proposed subdivision accurately drawn to a scale of not less than one inch equals 50 feet certified by a licensed land surveyor.

The minor subdivision plat may be in conformance with the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), and shall indicate:

The location of the lots to be created in relation to the entire tract.

All existing structures and wooded areas within the subdivision and within 200 feet thereof.

The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records.

The Tax Map sheet, block and lot number.

All streets and streams within 200 feet of the subdivision.

The area in square feet of all lots to be created.

A key map showing the entire subdivision and its relation to surrounding areas.

Easements, streets, buildings, watercourses, railroads, bridges, culverts, drainpipes, rights-of-way, drainage easements and prior variances.

Acreage of the entire parcel to be subdivided.

(j)

History of any previous actions or restrictions on the property.

Approving authority action.[1]

The approving authority shall grant or deny approval within 45 days of submission of a complete and perfected application or within such time as may be consented to, in writing, by the applicant.

Failure of the approving authority to act within the time period shall constitute minor subdivision approval. A certificate by the administrative officer as to the failure of the approving authority shall be issued on request of the applicant, whose signature shall be sufficient in lieu of the Chairman and the Secretary of the approving authority and shall be so accepted by the county recording officer for the purposes of filing subdivision plats.

Whenever review or approval is required by the County Planning Board or a state agency, the approving authority shall not accept an application as perfected unless receipt of approval is received from said county or state agency. Under appropriate circumstances, the approving authority may condition its approval upon a timely receipt of a favorable report from said county or state agency.

[1]

Editor's Note: See also § 327-80, Application review checklists.

Minor subdivision approval.

Minor subdivision approval shall be deemed to be final approval of the subdivision subject to Subsection E of this section.

Approval of the minor subdivision shall expire 190 days from the date of approval by the approving authority, unless within such period a plat in conformance with the Map Filing Law, P.L. 1960, c. 141 (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 county recording officer, the Borough Engineer and the Borough Tax Assessor. In addition, copies shall be submitted to the Borough Clerk, Construction Official and the Administrative Officer.

Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving authority.

Effect of minor subdivision approval. The zoning requirements and general terms and conditions, whether conditional or otherwise, shall not be changed or abridged for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided herein.

Required guaranties. Before recording a minor subdivision plat or deed in lieu thereof the approving authority may require the installation and maintenance of on- and off-tract improvements. Said improvements may require the furnishing of performance and maintenance guaranties in accordance with Article VIII.

§ 327-15 Preliminary approval of major subdivisions.

Submission of application. Any application shall be submitted to the administrative officer in writing, in triplicate, on forms supplied by the approving authority. Receipt of an application for preliminary major subdivision approval shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided for in § 327-9B, shall be submitted with the application form.

[Amended 4-16-1996 by Ord. No. 96-8]

Preliminary plat requirements. The application shall be accompanied by 18 copies of the proposed subdivision accurately drawn to a scale of not less than one inch equals 50 feet, certified by a licensed land surveyor as to existing features and boundaries. The subdivision plat shall be in conformance with the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.). All design features shall be prepared by a licensed professional engineer.

Preliminary plat details. The preliminary plat shall contain the following:

The date. All revisions shall be noted and dated.

A key map showing the location of the tract with reference to the surrounding properties, existing streets and streams within 500 feet of the subdivision.

Title of development; North arrow; scale; block and lot numbers; the name and address of the record owner; and the name and address, license number and seal of the person preparing the subdivision. If the owner of the premises is a corporation, the name and address of the President and Secretary shall be submitted on the application.

All distances shall be in feet and decimals of a foot, and all bearing shall be given to the nearest 10 seconds.

(5)

The names, as shown on current tax records, of all owners of property within 200 feet of the subdivision, together with the block and lot number of said property.

(6)

The zoning district in which the parcel is located, together with the zone boundaries within 200 feet of the extreme limits of the property in question.

(7)

Survey data showing boundaries of the property, building or setback lines and lines of existing and proposed streets, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way, to be prepared by a licensed land surveyor.

(8)

Reference to any existing or proposed covenants, deed restrictions, exceptions or variances covering all or any part of the parcel. A copy of such covenants, deed restrictions, exceptions or variances shall be submitted with the application.

(9)

The distances, measured along the right-of-way lines of existing streets abutting the property, to the nearest intersections with other public streets.

(10)

Location of existing buildings and all other structures, including walls, fences, culverts and bridges, with spot elevations of such buildings and structures. Structures to be removed shall be indicated by dashed lines; structures to remain shall be indicated by solid lines.

(11)

Location of all existing and proposed storm drainage structures and utility lines, whether publicly or privately owned, with pipe sizes, grades and direction of flow, locations of inlets, manholes or other appurtenances and appropriate invert and other elevations. If any existing utility lines are underground, the estimated location of said utility lines shall be shown.

(12)

Existing and proposed contours, referred to United States Coast and Geodetic Survey datum, with a contour interval of one foot for slopes of less than 3%, an interval of two feet for slopes of more than 3%, but less than 15%, and an interval of five feet for slopes of 15% or more. Existing contours are to be indicated by dashed lines, and proposed contours are to be indicated by solid lines.

(13)

Location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant existing features, including previous flood elevations of watercourses, ponds and marsh areas as determined by survey.

(14)

All proposed streets, with profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of utility lines conforming to the borough standards and specifications.

(15)

The location of all existing and proposed water lines, valves and hydrants and all sewer lines or alternative means of sewerage disposal and treatment.

(16)

Existing and proposed stormwater drainage system. All plans shall be accompanied by a separate sketch showing all existing drainage within 500 feet of any boundary and all areas such as paved areas, grassed areas, wooded areas and any other surface areas contributing to the calculations and showing methods used in the drainage calculations.

(17)

Acreage, to the nearest tenth of an acre, of the tract to be subdivided and the area in square feet of all lots.

(18)

Such other information or data as may be required by the approving authority, the County Planning Board or other governmental agencies for determination that the details of the subdivision are in accordance with the standards of this chapter, Chapter 389, Zoning, and all other applicable laws, ordinances and resolutions.

Preliminary subdivision plat review.[1]

The applicant shall submit the preliminary subdivision application and plat maps and payment of all required fees to the administrative officer, who shall submit copies of the preliminary plat to the following:

The approving authority Attorney.

The Borough Engineer.

The planning consultant.

The Construction Official.

The Board of Health.

The Fire Protection Subcode Official.

The Police Department.

The Department of Public Works.

Other municipal, county or state officials and agencies as directed by the approving authority.

Said persons and Boards shall make recommendations to the approving authority, in writing, within 35 days of the application submission. The approving authority shall take said recommendations into account but shall have the authority to proceed in the absence of such recommendations if the approving authority finds such recommendations not to be essential to its determination.

If the preliminary plat is found to be incomplete, the applicant shall be notified by certified mail thereof within 45 days of the date of submission or it shall be deemed to be perfected as to content.

Where adjustments or changes are required in the plat submission, the applicant shall be required to modify the plat in order to qualify as a perfected application for public hearing purposes.

[1]

Editor's Note: See also § 327-80, Application review checklists.

County Planning Board and other governmental agency approvals.

Any subdivision application requiring County Planning Board or other governmental agency approvals shall be submitted by the applicant to the Bergen County Planning Board or other governmental agency for review and approval. The approving authority may condition any approval that it may grant upon the timely receipt of a favorable report on the application by the County Planning Board or other governmental agency or by its failure to report thereon within the required time period.

A preliminary subdivision requiring County Planning Board or other governmental agency approval which may or may not have been received at the time of the public hearing in the borough shall require the public hearing to be continued until such time as the required reports are received or by the failure to report thereon within the required time period.

Other requirements.

The applicant shall be required to submit proof that no taxes or assessments for local improvements are due or delinquent on the property for which preliminary approval is sought.

All applicable fees shall be paid prior to any action by the approving authority.

A statement from the Borough Recycling Coordinator demonstrating compliance with the borough recycling program shall be required.

Public hearings. Upon submission of a perfected and complete application, the administrative officer shall schedule a public hearing for application. The applicant shall meet all of the requirements established in § 327-9C for public hearings.

Time period in which to act.

The approving authority shall grant, condition or deny preliminary subdivision approval within 45 days of a perfected and complete application or within such further time as may be consented to by the applicant for subdivisions of 10 or fewer lots or 95 days for subdivisions containing more than 10 lots.

Failure of the approving authority to act within the prescribed time periods or to obtain an extension from the applicant, in writing, shall constitute a preliminary approval by the approving authority.

Effect of preliminary subdivision approval.

If the approving authority acts favorably on a preliminary plat, the applicant shall submit six copies of a correct map to the administrative officer. The Chairman and Secretary shall affix their signatures to the plat with a notation that it has received preliminary approval, and one such plat shall be returned to the applicant for compliance with the final approval requirements.

Except as otherwise provided herein, preliminary approval of a major subdivision shall confer the following rights for a three-year period from the date of approval to the applicant:

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-street improvements, 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.

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, as the case may be.

The applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards shall govern beyond the three-year period.

In the case of a subdivision of 50 acres or more, the approving authority may grant the rights referred to in Subsection I(2)(a), (b) and (c) above for such a period of time longer than three years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section 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 shall govern beyond the three-year period.

Failure to obtain final approval within the prescribed time limits as herein defined shall void the preliminary plat approval.

§ 327-16 Final approval of major subdivisions.

Submission of application. An application shall be submitted to the administrative officer, in writing, consisting of 18 copies on forms supplied by the approving authority. Receipt of an application for final subdivision approval shall be filed no less than 14 days prior to the regular meeting day of the approving authority. Required fees, as provided in § 327-9B, shall be submitted with the application form.

Plat requirements. The application shall be accompanied by 18 prints of the proposed final subdivision. The plat shall not differ substantially from the approved preliminary plat.

Final plat details.[1]

The final plat for filing purposes 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 the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.)

The final plat shall show or be accompanied by the following:

The date, the name and location of the subdivision, the name of the owner, graphic scale and reference meridian.

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 and all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves and the area of each lot.

The names, exact locations and widths of all existing and recorded streets intersecting or paralleling the plot boundaries within a distance of 200 feet.

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.

Lot, block and street numbers as approved by the Borough Engineer of the Borough of East Rutherford, including lot and block numbers of abutting property.

Minimum building setback line on all lots and other sites.

Location and description of all monuments.

The names of owners of adjoining unsubdivided land.

Certification by the applicant's surveyor and engineer as to accuracy of details of the plat.

(j)

Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.

(k)

When approval of a plat is required by any other officer or body of a municipality, county or state, such approval shall be certified on the plat or evidence shall be submitted that an application has been made for such approval.

(l)

A statement of the Borough Engineer that he is in receipt of maps showing the position of all stormwater drains, sanitary sewer mains and all utilities in exact location and elevation, together with any other data required, and indicating the estimated cost of the installation of all public improvements required to be installed by the applicant.

(m)

Proposed final grades of all streets shall be shown to a scale of one inch equals 50 feet vertical and one inch equals 50 feet horizontal on sheets 22 feet by 35 feet, and drawings shall include both plans and profiles and shall show elevations of all monuments referred to United States Coast and Geodetic Survey level bench marks, and such elevations shall be shown in feet and hundredths of feet.

(n)

A certificate from the Tax Collector that all taxes are paid to date.

(o)

Written proof that the lands set aside or shown for easement, public use or streets are free and clear of all liens and encumbrances.

(p)

A statement from the Borough Recycling Coordinator demonstrating compliance with the borough recycling program.

[1]

Editor's Note: See also § 327-80, Application review checklists.

Final subdivision plat review.

The applicant shall submit 12 copies of the completed application and maps and the payment of all required fees to the administrative officer who shall submit copies of the same to:

The Borough Engineer.

The Board of Health.

The planning consultant.

The Department of Public Works.

The approving authority Attorney.

The Fire Protection Subcode Official.

The Police Department.

The Construction Official.

Said person and Boards shall make recommendations, in writing, to the approving authority within 35 days of the application submission.

Determination as to compliance. The Borough Engineer and Planner and the approving authority attorney, where appropriate, shall advise the approving authority of the following:

The nature of the improvements to be required as a conditional of final approval.

The estimated value of the improvements installed or to be installed.

The nature and amount of performance guaranties, if any, to be required as a condition to final approval.

The provisions of open space reservation or dedication and the standards for open space organizations.

(5)

The amounts to be deposited to reimburse the approving authority and borough for costs incurred for legal, engineering, planning and other professional reviews and work, for recording fees and for any other costs anticipated by the approving agency, where applicable.

(6)

Any other conditions upon which final approval will be granted or conditioned.

(7)

Compliance with the borough recycling program.

Applicant's responsibilities. The applicant shall be required to submit the following for the approving authority approval:

A developer's agreement prepared by the approving authority Attorney setting forth the obligations of the applicant in connection with final approval.

A performance guaranty in a form satisfactory to the approving authority and borough complying with Subsection E of this section and guaranteeing performance of the developer's agreement.

Maintenance guaranties, if any, for work completed prior to final approval.

Deeds for any easements, rights-of-way or public lands in a form satisfactory to the approving authority Attorney and Borough Attorney.

(5)

Evidence of compliance with other conditions imposed by the approving authority.

(6)

Proof of payment of taxes and assessments.

(7)

Funds to be deposited to reimburse the approving agency and borough for costs incurred or to be incurred for legal, engineering, planning and other consultant reports, for recording fees and for any other costs anticipated by the approving authority.

County Planning Board and other governmental agency approvals. Any final approval requiring county subdivision approval or approval by other governmental agencies shall be submitted by the applicant to the Bergen County Planning Board or other governmental agencies for review and approval. The approving authority may condition any approval that it may grant upon the timely receipt of a favorable report on the application by the County Planning Board or other governmental agency or by its failure to report thereon within the required time period.

Approving authority action.

Final approval shall be granted or denied within 45 days after submission of a complete and perfected application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement of the Chairman and Secretary of the approving authority or other evidence of approval and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Unless the preliminary plat has been approved without changes, the final plat shall incorporate all changes or modifications required by the approving authority.

The final plat shall be accompanied by a certificate of the Borough Engineer that he is in receipt of map which shows all utilities in exact location and elevation and which identifies the utilities already installed and those to be installed. The certificate shall also state:

That the applicant has installed all required improvements; or

That the applicant has posted a performance and/or maintenance guaranty with the Borough Clerk in sufficient amount and proper form to assure the completion of all required improvements.

Upon final approval by the approving authority and the signature of the Chairman and Secretary of the approving authority having been placed on the original tracing, the administrative officer shall request the applicant to have prepared 12 prints of such final plat, filing a copy thereof with each of the following:

The Administrative Officer.

The Borough Engineer.

The Construction Official.

The Tax Assessor.

The Borough Clerk.

The Fire Protection Subcode Official.

The County Planning Board.

The Borough Recycling Coordinator.

Other governmental units or municipal officials, where required.

Final subdivision approval plats; filing.

Final subdivision approval shall expire 95 days from the date of signing of the plat unless, within such period, the plat shall have been duly filed by the applicant with the county recording officer.

The approving authority may, for good an sufficient cause shown, extend the period of recording for an additional period not to exceed 190 days from the date of signing the plat.

No subdivision plat shall be forwarded for filing to the county recording officer until it has been approved by the approving authority as indicated on the instrument by the signature of the Chairman and Secretary of the approving authority, or a certificate has been issued pursuant to the laws of P.L. 1975, c. 291.[2] The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guaranties required pursuant to this chapter, where appropriate. If the county recording officer records any plat without such approval, such recording shall be deemed null and void upon request of the Borough of East Rutherford.

[2]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

It shall be the duty of the county recording officer to notify the approving authority, in writing, within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.

Effect of final subdivision approval.

The zoning requirements applicable to the preliminary subdivision approval first granted and all other rights conferred upon the applicant pursuant to § 327-15I 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 the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the applicant has followed the standards prescribed for final approval and has duly recorded the plat as required, the approving authority 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 § 327-15I of this chapter for the particular section granted final approval.