[HISTORY: Adopted by the Borough Council
of the Borough of Teterboro 5-10-1977 by Ord. No. 157. Amendments noted where
applicable.]
This chapter shall be known as the "Subdivision
and Site Plan Ordinance of the Borough of Teterboro."
The purpose of this chapter is to provide rules,
regulations and standards to guide land subdivision and the development
of land in the Borough in order to promote its public health, safety,
convenience and general welfare. It shall be administered to ensure
orderly growth and development, conservation, protection and proper
use of land and adequate provision for circulation, utilities and
services.
As authorized by N.J.S.A. 40:55D-37, the provisions
of this chapter shall be administered by the Planning Board.
This chapter shall not be construed to repeal Chapter 185, Zoning, or any part thereof. All other ordinances which are inconsistent with the provisions of this chapter shall be deemed superseded to the extent of such inconsistency.
Certain words and terms in this chapter are
to be given the following meanings:
The person with whom applications for development are filed
pursuant to this chapter. The administrative officer for the Board
of Adjustment shall be the Clerk to the Board of Adjustment. The administrative
officer for the Planning Board shall be the Clerk to the Planning
Board.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction of the issuance of a permit for
construction within the bed of a mapped street or for construction
of a structure not having access 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;
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.
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 person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure 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 7-13-1999 by Ord. No. 408]
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.
58:16A-50 et seq.
[Amended 7-13-1999 by Ord. No. 408]
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 have 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 parcel or portion of land separated from other parcels
or portions by description, as on a subdivision or record of survey
map or by metes and bounds for purpose of sale, lease or separate
use.
The area of a lot expressed in square feet or acres. Any
portion of a lot included within the right-of-way lines 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 which may be accepted by the Borough for the
maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
[Amended 7-13-1999 by Ord. No. 408]
Any subdivision not classified as a minor subdivision.
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 that does not involve:
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 nor 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 right-of-way.
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 or any other chapter.
An off-street space available for the parking of a motor
vehicle, provided that such space shall have a minimum width of 10
feet and a minimum depth of 20 feet, exclusive of maneuvering areas,
passageways, driveways and loading spaces appurtenant thereto.
Any applicant for development, the owners of the subject
property and all owners of property and government agencies entitled
to notice under this chapter.
Any security which may be accepted by the Borough, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
[Amended 7-13-1999 by Ord. No. 408]
A certificate issued by the Construction Code Official for
the construction, reconstruction, remodeling, alteration or repair
of a building upon approval of the submitted application and plans.
[Amended 7-13-1999 by Ord. No. 408]
A certificate issued by the Construction Code 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 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.
[Amended 7-13-1999 by Ord. No. 408]
The Planning Board of the Borough of Teterboro.
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 Secretary of the Planning Board for its consideration and tentative approval and meeting the requirements of § 165-10C.
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 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 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 with 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 to himself
or herself 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:
Divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chair 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.
[Amended 7-13-1999 by Ord. No. 408]
Consolidation of existing lots by deed or other
recorded instrument.
[Added 7-13-1999 by Ord. No. 408]
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons, and
all of which are found and certified by the administrative officer
to conform to the requirements of this chapter and are shown and designated
as separate lots, tracts or parcels on the Tax Map or Atlas of the
Borough.
[Added 7-13-1999 by Ord. No. 408]
The term "subdivision" shall also include the
term "resubdivision."
The rules, regulations and standards contained
in this chapter shall be considered the minimum requirements for the
protection of the public health, safety and welfare of the citizens
of the Borough. Any action taken by the Planning Board under the terms
of this chapter shall be given primary consideration to the above-mentioned
matters and to the welfare of the entire community. However, if the
subdivider or site plan applicant or his or her agent can clearly
demonstrate that, because of peculiar conditions pertaining to his
or her land, the literal enforcement of one or more of these regulations
is impracticable or will exact undue hardship, the Planning Board
may permit such variance or variances as may be reasonable and within
the general purpose and intent of the rules, regulations and standards
established by this chapter.
No person shall sell or agree to sell any land
which forms part of a subdivision as defined in this chapter until
final approval of such subdivision has been obtained pursuant to this
chapter.
A.
No building permit shall be issued for a new building
unless a site plan shall have first been approved by the Planning
Board in accordance with the terms of this chapter.
B.
No building permit shall be issued for an addition
to an existing building unless a site plan shall have first been approved
by the Planning Board in accordance with the terms of this chapter.
C.
No certificate of occupancy shall be issued for any new building, for any addition to an existing building or for any change in use, ownership or occupancy of a building if, under Chapter 185, Zoning, a greater number of parking spaces would be required for such new use or occupancy, unless the building and its appurtenances conform in all respects to an approved site plan or an approved amendment to an approved site plan.
D.
Notwithstanding the provisions of Subsections A, B and C, no site plan approval shall be required prior to the issuance of a building permit for any new building or addition to an existing building or prior to the issuance of a certificate of occupancy for any building or addition if such building or addition is used or to be used solely as a single- or two-family dwelling or as an accessory thereto.
For a minor subdivision, the procedure shall
be as follows:
A.
An application shall be submitted to the proper administrative
officer, in writing, in duplicate, on forms supplied by the Planning
Board, furnishing pertinent data, such as names and addresses of owner,
agent, engineer and identification of property involved.
B.
An application shall be accompanied by 10 copies of
a plan of the proposed subdivision accurately drawn to a scale of
not less than one inch equals 100 feet, certified by a licensed land
surveyor. All design shall be done by a licensed professional engineer.
The plan shall be of a size acceptable to the County Clerk for filing
and shall indicate:
(1)
The location of the lots to be created in relation
to the entire tract.
(2)
All existing structures and wooded areas within the
subdivision 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.
(5)
All streets and streams within 500 feet of the subdivision.
Both the width of paving and the width of rights-of-way shall be shown
for streets.
(6)
The area in square feet of all lots to be created.
(7)
A key map showing the entire subdivision and its relation
to surrounding areas.
(8)
Easements, covenants, streets, buildings, watercourses,
railroads, bridges, culverts, drainpipes, rights-of-way and drainage
easements.
(9)
Any variance or variances required.
(10)
Acreage of the entire parcel to be subdivided.
(11)
Date, North arrow and scale.
(12)
If regrading of the site other than in the foundation
area of any proposed buildings or within 10 feet is to be done, a
map showing existing and proposed contours at contour intervals of
two feet may also be required to be submitted before the plat is classified.
C.
The Planning Board shall require receipt of an application
10 days prior to the meeting at which action is to be taken on such
application.
D.
Upon receipt of a completed application, the Board shall, within the time periods prescribed by this chapter, approve or conditionally approve the subdivision without the necessity of full notice and hearing, classify the subdivision as a major subdivision or disapprove the subdivision. The Board may, in addition to any other conditions which the Board may deem necessary in order to carry out the purposes of this chapter, require as a condition for minor subdivision approval that the applicant install such improvements required by § 165-12 as the Board, in accordance with law, shall deem necessary. Such improvements shall be in accordance with the standards set forth in § 165-13, and performance guaranties may be required in accordance with § 165-15.
A.
Site plan and major subdivision procedure; preliminary
approval. For preliminary approval of a major subdivision or site
plan, the procedure shall be as follows:
(1)
An application shall be submitted to the proper administrative
officer, in writing, in duplicate, on forms supplied by the Planning
Board, furnishing pertinent data, such as names and addresses of owner,
agent, engineer and identification of property involved.
(2)
The application shall be accompanied by 10 copies of a preliminary plat of the proposed subdivision or of the site plan, accurate and to scale as to boundaries, existing features and proposed features. The accuracy of the boundaries and existing features shall be certified by a licensed land surveyor. All design shall be done by a licensed professional engineer. The details of the plat shall be in conformity with Subsection B.
(3)
Copies of plat.
(b)
The applicant shall produce proof by affidavit
of the date such copies were sent. Said persons and Board may make
recommendations, in writing, to the Board within 30 days after service
of the preliminary plat on them. The Board shall take said recommendation
into account but shall have the authority to proceed in the absence
of such recommendation or to disregard or modify such recommendations.
Copies of all recommendations shall be sent to the applicant by the
recommending professionals and boards.
(4)
Upon receipt of a completed application, the Planning
Board shall schedule a public hearing. The applicant shall thereupon
give notice of such hearing in accordance with the requirements of
any ordinance and of law.
B.
Site plan and major subdivision plat details; preliminary
approval.
(1)
The preliminary plat of a site plan or subdivision
shall contain the following:
(a)
Date; all revisions shall be noted and dated.
(b)
Key map showing the location of the tract with
reference to surrounding properties and existing street intersections.
(c)
Title of development, North arrow, scale, block
and lot number, name and address of record owner, name and address,
license number and seal of person preparing the plat. If the owner
of the premises is a corporation, the name and address of the President
and Secretary shall be submitted with the application.
(d)
A scale of not less than one inch equals 100
feet. All distances shall be in feet and decimals of a foot, and all
bearings shall be given to the nearest 10 seconds.
(e)
The names, as shown on the current tax records,
of all owners of the property within 200 feet of the subdivision,
together with the block and lot numbers of said property.
(f)
The zoning district in which the parcel is located,
together with zone boundaries included within the boundaries of the
parcel or within 200 feet therefrom.
(g)
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.
(h)
Reference to any existing or proposed covenants,
deed restrictions or exceptions covering all or any part of the parcel.
A copy of such covenants, deed restrictions or exceptions shall be
submitted with the application.
(i)
The distances, measured along the right-of-way
lines of existing streets abutting the property, to the nearest intersections
with other public streets.
(j)
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.
(k)
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
estimate location of said utility line shall be shown.
(l)
Existing and proposed contours, referred to
United States Coast and Geodetic datum, with a contour interval of
one foot for slopes of less than 10% and an interval of two feet for
slopes of more than 10%. Existing contours are to be indicated by
dashed lines, and proposed contours are to be indicated by solid lines.
(m)
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.
(n)
All proposed streets with profiles indicating
grading and cross sections showing width of roadway, location and
width of curb, if any, and location and size of utility lines conforming
to the standards and specifications of the Borough.
(o)
The location of all existing and proposed water
lines, valves and hydrants and all sewer lines or alternative means
of water supply or sewage disposal and treatment.
(p)
Existing and proposed stormwater drainage system.
All site plans and major subdivisions shall be accompanied by a plan
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 area contributing to the calculations, and showing
methods used in the drainage calculations.
(q)
Acreage to the nearest tenth of an acre of tract
to be subdivided and the area, in square feet, of all lots.
(r)
Positions of existing and proposed monuments.
(s)
Open spaces, if any, to be dedicated for public
parks or playgrounds or other public use and the location and use
of all property reserved for the common use of all property owners.
(t)
Such other information or data as may be required
by the Planning Board or the County Planning Board for determination
that the details of the subdivision are in accordance with the standards
of this chapter and all other ordinances of the Borough and all other
applicable laws, ordinances or resolutions.
(2)
In addition to the requirements of Subsection B(1), the preliminary plat of a site plan shall contain the following:
(a)
The proposed use or uses of land and buildings,
together with the floor space of all buildings and the estimated number
of employees. If the precise use of the building is unknown at the
time of application, an amended plan showing the proposed use shall
be required prior to issuance of a certificate of occupancy.
(b)
The means of vehicular access for ingress to
and egress from the site, showing in particular the size and location
of driveways and curb cuts; walkways; the proposed traffic channels,
if any; additional width, if any; and any other means of controlling
vehicular and pedestrian traffic.
(c)
The location and design of any off-street parking
areas or loading areas, showing size and location of bays, aisles
and barriers.
(d)
The location, direction of illumination, power
and hours of operation of existing and proposed outdoor lighting.
(e)
The location and elevation plan of existing
and proposed signs.
(f)
The location and dimensions of proposed buffer
area.
(g)
The proposed screening, landscaping and planting
plan.
C.
Effect of preliminary approval. Preliminary approval of a major subdivision or of a site plan shall, except as provided in Subsection C(4), confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
[Amended 7-13-1999 by Ord. No. 408]
(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, any requirements for preservation
of existing natural resources, for safe and efficient vehicular and
pedestrian circulation, parking and loading, for screening, landscaping
and location of structures and for exterior lighting, except that
nothing herein shall be construed to prevent the municipality 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, as the case may be.
(3)
That the applicant may apply for and the Planning
Board may grant extensions on such preliminary approval for additional
periods of at least one year, but not to exceed a total extension
of two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
(4)
In the case of a subdivision or of site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections C(1) through (3) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic considerations and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board 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 may govern.
(5)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection C(3) or (4) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[Added 7-13-1999 by Ord. No. 408]
(6)
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection C(3) or (4).
[Added 7-13-1999 by Ord. No. 408]
A.
Site plan and major subdivision procedure; final approval.
For final approval of a major subdivision or site plan, the procedure
shall be as follows:
(1)
The plat of a subdivision and an application for final
approval, in duplicate and in a form approved by the Board, shall
be submitted to the proper administrative officer, together with the
fee required by ordinance.
(2)
The original cloth tracing and five white prints (blue
or black on white) of the plat of a subdivision shall accompany the
application. No final plat shall be required for a site plan.
(3)
The plat of a subdivision shall not differ substantially
from the preliminary plat as approved.
(5)
The administrative officer shall make a record of
the date of submission of the final plat and application to him or
her and shall forthwith transmit the final plat and application to
the Planning Board.
(6)
Prior to final approval, the Board, upon the advice
of the Borough Engineer, shall determine:
(a)
The nature of the improvements to be required
as a condition of final approval.
(b)
The estimated value of the improvements installed
or to be installed in accordance with this chapter.
(c)
The nature and amount of performance guaranties,
if any, to be required as a condition to final approval.
(d)
The amounts to be deposited to reimburse the
Planning Board and Borough for costs incurred or to be incurred for
legal, engineering and other consultant reports, for recording fees
and for any other costs anticipated by the Board.
(e)
Any other conditions upon which final approval
will be granted.
(7)
Prior to final approval, the applicant shall submit
to the Board:
(a)
A developer's agreement, prepared by the Board
Attorney, setting forth the obligations of the applicant in connection
with the final approval.
(b)
A performance guaranty, in a form satisfactory
to the Board and Borough, complying with this chapter and guaranteeing
performance of the developer's agreement.
(c)
Maintenance guaranties, if any, for work completed
prior to final approval.
(d)
Deeds for any easements, rights-of-way or public
lands, in a form satisfactory to the Board Attorney.
(e)
Funds to be deposited to reimburse the Board
for costs incurred or to be incurred for legal, engineering and other
consultant reports, for recording fees and for any other costs anticipated
by the Board.
(f)
Evidence of compliance with any other conditions
imposed by the Board.
(8)
Within 45 days after submission of a complete application
to the proper administrative officer or within such further time as
may be agreed to by the applicant, but in no event less than the thirty-day
reporting period within which the County Planning Board may act, the
Planning Board shall approve, conditionally approve or disapprove
the final plat and report said action, whether it be approval, conditional
approval or disapproval, to the governing body. In case of approval,
the final plan shall be so certified. The applicant shall be notified
of the Board's action and the reasons therefor.
(9)
Upon final approval by the Planning Board and after
all required signatures are placed on the original tracing, the administrative
officer shall request the applicant's engineer to have one cloth print
and one Mylar reproducible and 10 copies made of such final plat and
file a copy thereof with each of the following:
B.
Site plan and major subdivision plat details; final
approval. The final plat of a subdivision shall contain 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 sale, all lot lines and other site lines, with
accurate dimensions, bearings or deflection angles and radii, arcs
and central angles of all curbs and area of each lot.
(3)
The names, exact locations and widths of all existing
and recorded streets intersecting or paralleling the plat boundaries
within a distance of 200 feet.
(4)
The purpose of any easement or land reserved or dedicated
to public use shall be designated, and the proposed use of site, other
than residential, shall be noted.
(5)
Lot, block and street numbers as approved by the Borough
Engineer, including lot and block numbers of abutting property.
(6)
Minimum building setback line on all lots and other
sites.
(7)
Location and description of all monuments.
(8)
Names of owners of adjoining unsubdivided land.
(9)
Certification by surveyor as to accuracy of details
of plat.
(10)
Certification that the applicant is agent or
owner or that the owner has given consent under an option agreement.
(11)
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.
(12)
Proposed final grades of all streets shall be
shown to a scale of one inch equals five feet vertical and one inch
equals 50 feet horizontal on sheets 22 inches by 36 inches, and drawings
shall include both plans and profiles and shall show elevations of
all monuments referred to United States Coast and Geodetic Survey
level benchmarks, and such elevations shall be shown in feet and hundredths
of feet.
(13)
Plans and profiles of storm and sanitary sewers
and water mains.
(14)
Certificate from Tax Collector that all taxes
are paid to date.
(15)
Written proof that the land set aside or shown
for easement, public use or streets are free and clear of all liens
and encumbrances.
C.
Site plan and major subdivision; as-built plans. After
installation of the improvements required by this chapter, the subdivider
or applicant for site plan approval shall cause to be prepared, signed
and sealed by a licensed professional engineer or land surveyor:
(1)
Plans showing:
(a)
The contours (at two-foot intervals for lands
having slopes averaging 10% or greater and at one-foot intervals for
lands of lesser average slopes) of the land as finally graded; and
(b)
The location, as built, of all improvements
required by this chapter, including, without intending to limit the
generality hereof, the location of water mains, gas mains and underground
supply lines for light, power and telephone service, and all of their
appurtenances.
(2)
Profiles, as built, of streets, storm sewers and sanitary
sewers and their respective appurtenances.
(3)
Cross sections, as built, of streets. The plans, profiles
and cross sections required by this section are hereinafter referred
to as "as-built plans."
A.
Improvements.
(1)
The subdivider or site plan applicant shall provide
for the ultimate installation of the following on-site and off-site
improvements:
(a)
Pavement of streets or portions thereof in accordance
with the applicable laws.
(b)
Approved street signs.
(c)
Curbs and gutters.
(d)
Monuments. Monuments shall be of the size and
shape required by N.J.S.A. 46:23-9.11 and shall be placed in accordance
with said statute.
(e)
Utilities (including sewage disposal systems,
storm drains and culverts, water and gas mains and electrical supply
lines for light, power and telephone service), hydrants and connections
thereof with approved existing and proposed systems.
(f)
Shade trees. Shade trees shall be located on
the street line so as not to interfere with utilities or sidewalks
and shall be of a type approved by the Planning Board.
(2)
The subdivider or site plan applicant shall, at his
or her own cost, provide for the ultimate installation of all off-tract
water, sewer, drainage and street improvements and easements therefor
required by the Planning Board in connection with the subdivision
or site plan if such off-tract improvements:
(3)
The subdivider or site plan applicant shall provide
for payment of his or her proportionate share, allocated in accordance
with this chapter, of the cost of the ultimate installation of all
off-tract water, sewer, drainage and street improvements and easements
therefor required by the Planning Board in connection with the subdivision
or site plan if such off-tract improvements:
(4)
The subdivider or site plan applicant shall provide
for payment of his or her proportionate share, allocated in accordance
with this chapter, of the cost of the ultimate installation of all
off-tract water, sewer, drainage and street improvements and easements
therefor required by the Planning Board in connection with the subdivision
or site plan if such off-tract improvements:
(5)
(6)
All such improvements shall meet the design standards
of this chapter.
B.
Improvements; inspection. All of the improvements
installed by a subdivider or site plan applicant shall be subject
to inspection and approval by the Borough Engineer, who shall be notified
by the subdivider or site plan applicant at least 24 hours prior to
the start of construction. No underground installation shall be covered
until so inspected and approved.
A.
Compliance required. The subdivider shall observe
the requirements and principles of land subdivision in the design
of each subdivision or portion thereof as hereinafter set forth in
this chapter.
B.
General standards. The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough. Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible in designing any subdivision or site plan containing such feature. Where an Official Map or Master Plan, or both, has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainageways, school sites, flood-control basins, public parks and playgrounds and other public areas shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats. Where no Master Plan or Official Map exists, streets and drainageways shall be shown on the final plat in accordance with N.J.S.A. 40:55D-44 and shall be such as to lend themselves to the harmonious development of the Borough and to enhance the public welfare in accordance with the design standards set forth in Subsections C through G inclusive.
C.
Streets.
(1)
The arrangement of streets not shown on the Master
Plan or Official Map shall be such as to provide for the appropriate
extension of existing streets.
(2)
Minor streets shall be so designated as to discourage
through traffic.
(3)
Subdivisions abutting arterial streets shall provide
a marginal service road or reserve frontage with a buffer strip for
planting or some other means of separation of through and local traffic
as the Planning Board may determine to be appropriate.
(4)
Right-of-way widths, measured from street center line
to lot line, shall not be less than specified in the Master Plan or
Official Map.
(5)
No subdivision that shows reserve strips controlling
access to streets shall be approved except where the control and disposal
of land comprising such strips has been placed in the Council under
conditions approved by the Planning Board.
(6)
Subdivisions adjoining or including existing streets
that do not conform to street widths shown on the Master Plan or Official
Map or to the street width requirements of this chapter shall be required
to dedicate additional width along one or both sides of streets of
substandard width. If the subdivision is along one side only, dedication
of 1/2 of the required extra width shall be required.
(7)
Grades on all streets shall not exceed 10%. No street
shall have a minimum grade of less than 1/2 of 1%.
(8)
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 70°. The block
corners of intersections shall be founded of the curbline with a curve
having a radius of not less than 20 feet.
(9)
Street jogs with center-line offsets of less than
125 feet shall be prohibited.
(10)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(11)
When connecting street lines deflect from each
other at any one point by more than 10° and not more than 45°,
they shall be connected by a curve with a radius of not less than
100 feet for minor streets and 300 feet for arterial and collector
streets.
(12)
All changes in grade shall be connected vertical
curves of sufficient radius to provide a smooth transition and proper
sight distances.
(13)
Include dead-end streets only when unavoidable. A cul-de-sac shall be no longer than four times the required lot width to create lots of minimum area as specified in Chapter 185, Zoning, for the district in which it is located. On each cul-de-sac a turnaround having an outside radius of at least 50 feet or satisfactory equivalent turning area shall be provided. The provisions of this subsection may be waived by the Planning Board if the subdivider cannot feasibly develop the tract without exceeding the length requirements of dead-end streets under this subsection.
(14)
No street shall have a name which will duplicate
or be likely to be confused with the names of existing streets. The
continuation of an existing street shall have the same name. Personal
or family names shall not be permitted.
(15)
Provisions of half streets, except to complete
existing half streets, is prohibited.
(16)
Access by streets shall be provided for all
lots in the subdivision and adjacent streets to the limits of the
subdivision.
D.
Blocks.
(1)
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 185, Zoning, and to provide for the convenient access, circulation, control and safety of street traffic.
(2)
In blocks over 1,000 feet long, pedestrian walkways
may be required in locations deemed necessary by the Planning Board.
Each walkway shall be 10 feet wide and be straight from street to
street.
(3)
For commercial, group housing or industrial use, block
size shall be sufficient to meet all area and rear yard requirements
for such use.
E.
Lots.
(2)
Insofar as is practical, side lot lines shall be at
right angles to straight streets and radial to curved streets.
(3)
Each lot must front upon an approved street at least
50 feet in width.
(4)
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.
(5)
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, inadequate soil-bearing capacity, high water table,
relative impermeability of soil which may result in unsatisfactory
sewage disposal or similar circumstances, the Planning Board may,
after adequate investigation, withhold approval of such lots.
F.
Public use and service areas.
(1)
Easements along property lines or elsewhere for utility
installation may be required. Such easements shall be at least 20
feet wide and shall be located in consultation with the companies
or Borough departments concerned.
(2)
Where a subdivision is traversed by a watercourse,
drainageway channel or stream, 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.
(3)
Natural features, such as trees, brooks, hilltops
and views, shall be preserved whenever possible in designing any subdivision
containing such features.
G.
Utilities design standards, inspections and approvals.
(1)
All storm drains and culverts and all sewage disposal
systems and installations, both individual and public, shall meet
the standards prescribed by and be approved by the Borough, county
and state health and engineering authorities having jurisdiction thereof.
(2)
All utilities and installations connected with systems
maintained and controlled by privately owned public utilities shall
meet the standards for underground installation prescribed by, and
be approved by, said public utilities and by the Borough Engineer.
A.
In reviewing site plans, the Planning Board and all advisory boards and professional advisers shall be guided by the standards set forth in this section and in § 165-13 when applicable.
B.
Access. There shall be adequate provision for ingress
and egress to all parking spaces. Access drives or driveways shall
be no less than 12 feet for ingress and egress and 24 feet wide for
both ingress and egress. No driveway or access drive shall be closer
than 50 feet to the street lot lines of any two intersecting streets.
C.
Buffer strips. The site plan shall indicate buffer
strips and planting strips as required by this chapter. In the event
that the Planning Board shall determine that additional buffer strips
or planting strips are required to protect public areas or neighboring
properties from adverse effects of the proposed building or addition,
the Board may require such additional buffer or planting strips. The
Planning Board shall recommend and approve landscaping and foundation
planting which will ensure the attractiveness of premises subject
to this chapter and the protection of soil thereon.
D.
Circulation.
(1)
Provision shall be made for the safe and adequate
circulation of pedestrians and vehicles within the property. Parking
areas and all aisles and driveways should be in accordance with the
requirements of the Transportation and Traffic Engineering Hand Book
published by the Institute of Traffic Engineers, 1976 Edition, or
any subsequent editions
[Amended 7-13-1999 by Ord. No. 408]
|
Parking Angle
|
Aisle or Driveway
Width
(feet)
|
|---|---|
|
0 degrees -- Parallel parking
|
12
|
|
30 degrees
|
12
|
|
45 degrees
|
13
|
|
60 degrees
|
18
|
|
90 degrees
|
25
|
(2)
Only one-way traffic shall be permitted in aisles
or driveways providing direct access to parking spaces placed at an
angle other than 90°.
E.
Drainage provision shall be made for the safe and
adequate drainage of the surface runoff waters in and from the premises
so that flooding and erosion of the property and the property of others
will be prevented. Unless otherwise provided by the Planning Board,
drainage facilities shall be in accordance with the rules and regulations
of the State of New Jersey Department of Environmental Protection,
Chapter 232, Laws of 1975, commonly known as the "90 Day Construction
Act," which requires as a basis for design the one-hundred-year storm
frequency.
F.
Fencing and screening. Provision shall be made for
the protective and covering fencing and screening of such portions
of the property as the Planning Board may deem necessary for the safety
and welfare of those persons most likely to be exposed to the property.
G.
Garbage and refuse. Provision shall be made for the
indoor or enclosed storage of garbage and refuse.
H.
Illumination. The lighting of the building, the property
and all signs on the property shall be such as not to produce any
glare of the exterior lot lines of the premises. The traffic circulation
patterns shall be such as to eliminate, at the exterior lot lines,
glare from the lights of automobiles on the property.
I.
Loading spaces. There shall be provided on the same lot with the building for which it is to be used loading berths in accordance with the provisions of Chapter 185, Zoning. Each loading space shall be at least 12 feet wide, 35 feet long and 14 feet high and shall as nearly as may be practicable 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 on the streets.
J.
Noise, vibrations, odor and pollution. Provisions
shall be made for the elimination of all offensive noise, vibration
or other pollution to the general public emanating from the use of
the property.
K.
Parking.
(1)
The Planning Board shall approve the most appropriate locations on the site for the proposed parking area, in view of the size and topography of the property considerations of safety and aesthetics, the requirement of adequate buffer and the elimination of glare, dust and noise caused by traffic. There shall be provided for each building subject to this chapter the number of off-street parking spaces in accordance with the provisions of Chapter 185, Zoning.
(2)
Each off-street parking space shall have an area of
at least 200 square feet exclusive of access drives or aisles, shall
be at least 10 feet wide and 20 feet long and shall be surfaced so
as to be usable for parking. If off-site off-street parking is contemplated,
the Board, in addition, shall determine what provisions, if any, are
required for the safe and adequate circulation of pedestrians between
the parking area and the property.
(3)
All parking areas and appurtenant maneuvering areas,
passageways and driveways serving semipublic office research, commercial
and industrial uses shall be illuminated adequately during the hours
between sunset and sunrise when the use is in operation. Adequate
shielding shall be provided by all such users to protect adjacent
residential districts from the glare of such illumination and from
glare of automobile headlights produced by automobiles entering and
leaving the area.
(4)
Off-street parking areas shall be effectively screened
on any side which adjoins or faces premises situated in any residential
district or institutional premises by a solid, uniformly painted fence
or wall not less than four or more than six feet in height maintained
in good condition; provided, however, that where the adjacent owners
agree, in writing, a screening hedge or natural landscaping may be
substituted for the required fence or wall.
(5)
Parking areas may be located in any yard space, but
shall not be closer than 10 feet to any street line.
(6)
Off-street parking areas located in commercial districts
which provide parking for 20 or more vehicles shall be provided with
shade trees of a type approved by the Planning Board. The shade trees
shall be located in a planned manner within the parking lot area as
recommended by the Planning Board. There shall be not less than one
shade tree for every 30 parking spaces.
L.
Paving and curbs. Paving, when required, shall be
dustless, durable, all-weather pavement and shall be adequate in size
and location to direct surface water runoff away from neighboring
properties and toward approved drainage systems.
M.
Retaining walls. Retaining walls shall be designed
to be safe and adequate for the purpose intended.
N.
Sewage disposal. Provision shall be made in accordance
with applicable regulations of all boards and bodies with jurisdiction
over the collection and disposal of sewage.
O.
Sidewalks. Sidewalks shall be provided where needed
to protect the safety of pedestrians.
P.
Storage. Outside storage, when permitted, shall only
be permitted in areas approved by the Board. Such areas shall, as
nearly as may be practicable, be shielded from public view and protected
by adequate fencing or screening.
Q.
Facilities for the collection of recyclables. Commercial
and industrial buildings of 1,000 square feet or more shall incorporate
facilities for the placement of containers of recyclables as specified
under state and county requirements so as to permit the appropriate
storage and removal of containers of recyclable materials.
[Added 5-9-1989 by Ord. No. 289]
A.
Performance guaranty: form; approval terms; reduction
of amount.
(1)
No final plat or final site plan shall be approved
by the Planning Board until the subdivider or site plan applicant
shall:
(a)
Have filed with the Borough Clerk a performance guaranty in an amount estimated by the Borough Engineer to be sufficient to cover 120% of all required improvements listed in § 165-12A(1) and (2) and assuring the installation of all such improvements on or before an agreed date; and
(b)
Have deposited with the Borough Treasurer a sum determined by the Borough Engineer and Planning Board to be equal to the subdivider's proportionate share, determined in accordance with § 165-16, of the cost of all off-tract improvements required in accordance with § 165-12A(3).
(2)
The performance guaranty shall be in the Borough's
prescribed form of performance bond on which the subdivider shall
be principal and secured either by a bonding or surety company approved
by the Council or by a certified bank or cashier's check, the proceeds
of which shall be returnable to the subdivider without interest after
full compliance by the subdivider with all of the requirements of
this chapter and the developer's agreement.
(3)
The performance guaranty shall be approved by the
Borough Attorney as to form, sufficiency and execution. Such performance
guaranty shall run for a period to be fixed by the Planning Board,
but in no case for a term of more than three years. However, with
the consent of the owner and of the surety, if there be one, the Council
may, by resolution, extend the term of such performance guaranty for
an additional period or periods, but the extensions shall not exceed
in the aggregate three years. The amount of the performance guaranty
may be reduced by the Council by resolution when portions of the required
improvements have been installed.
B.
Procedure on completion of improvement; liability
for breach of performance guaranty; performance by Borough.
[Amended 7-13-1999 by Ord. No. 408]
(1)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise,
shall not be changed for a period of two years after the date on which
the resolution of final approval is adopted, provided that in the
case of a major subdivision, the rights conferred by this section
shall expire if the plat has not been duly recorded within the time
period provided in N.J.S.A. 40:55D-54. 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 N.J.S.A. 40:55D-54,
the Planning Board 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 N.J.S.A. 40:55D-49
for the section granted final approval.
(2)
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection B(1) for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, the economic conditions and the comprehensiveness of the development.
(3)
Whenever the Planning Board grants an extension of final approval pursuant to Subsection B(1) or (2) and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Planning Board shall grant an extension of final approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection B(1) or (2) of this section.
C.
Discharge of principal and surety on performance guaranty
on completion; maintenance guaranty bond.
(1)
Upon certification by the Borough Engineer that the
improvements have been installed and completed in accordance with
the performance guaranty, and upon tender by the owner of a proper
maintenance guaranty bond, the Borough Council shall, by resolution,
accept said improvements and discharge the principal and surety from
all liability arising out of the performance guaranty.
(2)
Said maintenance guaranty bond shall be subject to
the approval of the Borough Attorney as to form, sufficiency and execution;
shall be in such amount as the Borough Engineer shall prescribe but
not to exceed 15% of the cost of the improvements or of the original
installation; and shall be conditioned upon the maintenance of all
of said improvements in good condition and repair for a period of
two years next following the date of adoption of the aforesaid resolution
of acceptance.
A.
Procedure for determination and allocation of costs.
In the event that the Planning Board shall determine that off-tract
improvements are required in connection with any subdivision or site
plan, then prior to granting final approval:
(1)
The Planning Board shall report to the Borough Council:
(2)
The Borough Council shall determine and report to
the Planning Board whether the off-tract improvement will be constructed:
(a)
By the Borough as a general improvement, as
a local improvement or as a combination thereof; or
(b)
By the subdivider or site plan applicant with
a formula specified by the Borough Council providing for partial reimbursement
if the improvement specially benefits property other than that within
the subdivision or site plan.
(3)
The Planning Board shall require, as a condition for
approval of the final plan or site plan, that:
(a)
If the improvement is to be constructed by the
Borough as a general improvement, the subdivider or site plan applicant
shall deposit with the Borough Treasurer an amount equal to the difference,
if any, between the estimated cost of the improvement and the estimated
total amount by which all properties, including the subdivision or
site plan to be serviced by the improvement, will be specially benefited
by the improvement;
(b)
If the improvement is to be constructed by the Borough as a local improvement, the subdivider or site plan applicant shall deposit with the Borough Treasurer, in addition to the amount specified in Subsection A(3)(a), the estimated amount by which the subdivision or site plan will be specially benefited by the improvement; or
B.
Standards for allocating cost.
(1)
In determining the allocation of costs for off-tract
improvements as between the subdivider or site plan applicant, other
property owners and the Borough, the Planning Board shall be guided
by the following factors:
(a)
The total estimated cost of the off-tract improvement.
(b)
The increase in market values of the properties
affected and any other benefits conferred.
(c)
The needs created by the application.
(d)
Population and land use projections for the
land within the general area of the subdivision.
(e)
The estimated time for construction of the off-tract
improvements.
(f)
The condition and periods of usefulness of the
improvements which may be based upon the criteria of N.J.S.A. 40A:2-22.
(2)
Without limiting the generality of the foregoing,
the Planning Board may take into account the following specific factors:
(a)
With respect to street, curb, gutter, sidewalk,
shade trees, streetlights, street signs and traffic light improvements,
the Board may consider:
(b)
With respect to drainage facilities, the Board
may consider:
[1]
The relationship between the area of the subdivision
or site plan and the area of the total drainage basin of which the
subdivision or site plan is a part.
[2]
The proposed use of land within the subdivision
or site plan and the amount of land area to be covered by impervious
surfaces on the land within the subdivision or site plan.
[3]
The use, condition or status of the remaining
land area in the drainage basin.
(c)
With respect to water, gas and electric supply
and distribution facilities, the Board may consider the use requirements
of the use proposed for the subdivision or site plan and the use requirements
of all other properties to be benefited by the improvements.
(d)
With respect to sewerage facilities, the Board
may consider:
[1]
The anticipated volume of effluent from the
use proposed for the subdivision or site plan and the anticipated
volume of effluent from all other properties to be benefited by the
improvements.
[2]
The types of effluent anticipated and particular
problems requiring special equipment or added costs.
C.
Deposits. Any money received by the Borough Treasurer
for off-tract improvements to be constructed or installed by the Borough
pursuant to the provisions of this chapter shall be deposited in a
suitable depository therefor and shall be used only for the improvements
for which they are deposited or improvements satisfying the same purpose.
If construction of improvements for which the Borough is responsible
has not commenced within five years from the date of deposit, the
amount deposited with any income thereon shall be returned to the
subdivider or site plan applicant or his or her successor in interest.
D.
Actual costs. Upon completion of any improvement constructed
by the municipality as a general or local improvement, the total cost
of such improvement shall be determined by the Borough Treasurer.
The difference between the actual cost as so determined and the estimated
cost shall be computed. The subdivider or site plan applicant or his
or her successor in interest shall make remittance to the Borough
if the actual cost as so determined and the estimated cost shall be
computed. The subdivider or site plan applicant or his or her successor
in interest shall make remittance to the Borough if the actual cost
exceeds the estimated cost or shall receive a refund from the funds
deposited with the Borough if the estimated cost exceeds the actual
cost, in an amount which bears the same relationship to the difference
between the actual and estimated costs as the amount deposited by
the subdivider or site plan applicant for his or her proportionate
share of the estimated cost bears to the total estimated cost. Any
sum payable by the subdivider or site plan applicant or his or her
successor in interest may be levied and collected by the Borough in
the same manner as is provided by law for the levy and collection
of real estate taxes.
In the absence of an express provision in a deed or deeds of conveyance, it shall be presumed that the free owners of all lots in the subdivision or site plan at the date any deposit or portion thereof is returned or additional charge is made pursuant to § 165-16C and D are the lawful successors in interest to the subdivider or site plan applicant and that each such fee owner shall be charged with or entitled to receive a pro rata share, based on lot area, of any funds to be returned or additional charge to be made pursuant to this section. Upon payment of any such sums to said fee owners, the Borough shall be released of liability to any other person.
All applications for subdivision and site plan
review filed prior to the effective date of this chapter may be continued.
[Amended 5-13-2003 by Ord. No. 453]
A.
Application for the rendering of any service by the
Planning Board in its review of applications for development, including
applications for variances made to the Planning Board sitting as a
Board of Adjustment, are as follows:
(1)
Applications for use variances under N.J.S.A. 40:55D-70(d):
$250.
(2)
Applications for variances made pursuant to N.J.S.A.
40:55D-70(c), or other types of applications ordinarily made to a
Board of Adjustment pursuant to the Municipal Land Use Act, and for
variances applied for ancillary to any other application for development:
$150.
(3)
Fees for minor subdivisions: $150 (plus $50 per lot).
(6)
Fees for applications for zoning certificates of occupancy
or other permits to the Planning Board: $100.
B.
Escrow deposits.
(1)
In addition to the fees set forth in Subsection A, the Planning Board shall require initial escrow deposits as follows:
(a)
Minor subdivision: $750.
(c)
Minor site plan for less than 1/2 acre: $1,000.
(d)
Major site plan for more than 1/2 acre: $2,500.
(e)
Deposit for inspection fees: as determined by
the Engineer in an amount not to exceed, except for extraordinary
circumstances, the greater of $500 or 5% of the cost of improvements,
which cost is determined pursuant to Subsection h of N.J.S.A. 40:55D-53.
(2)
In addition to the initial deposits provided for herein,
the applicant shall make a deposit of such additional sums as an escrow
for professional fees as may be reasonably required from time to time
by the Planning Board during the pendency of the application based
upon the fee schedule for its professionals which may then be established
by ordinance or by resolution. Said escrow deposit shall be placed
in an escrow account with any initial deposit received on the application.
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 improvement 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.
C.
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, for the review and preparation
of documents such as, but not limited to, drafting resolutions, developer's
agreements and necessary correspondence with applicant or applicant's
professionals.
D.
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 special interest-hearing 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 has deposited, as the case may be, except that the municipality
will or shall retain for administrative expenses a sum equivalent
to no more than 33 1/3% 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.
E.
Payments.
(1)
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.
(2)
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.
F.
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.
G.
Closeout procedures.
(1)
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.
(2)
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.
H.
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.
I.
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 cheek the progress and quality of the work, and such
inspections shall be reasonably based on the approved development
plans and documents.
J.
Substitution of professionals. If the municipality
retains a different professional or consultant in 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.
K.
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.
L.
Appeals.
(1)
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 subsection 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.
(2)
Appeals shall be taken in accordance with the rules
and procedures established by the County Construction Board of Appeals.
(3)
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 guarantees, 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.
[Added 7-11-2000 by Ord. No. 424]
An application for development shall be complete
for purposes of commencing the applicable time period for action by
a municipal agency when so certified by the municipal agency or its
authorized committee or designee. In the event that the agency, committee
or designee does not certify the application to be complete within
45 days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period, unless the application lacks
the information indicated on the checklist attached to and made a
part of this chapter[1], a copy of which shall have been provided to the applicant,
and the municipal agency or its authorized committee or designee has
notified the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application. The applicant may
request that one or more of the submission requirements be waived,
in which event the agency or its authorized committee shall grant
or deny the request within 45 days. Nothing herein shall be construed
as diminishing the applicant's obligation to prove in the application
process that he is entitled to approval of the application. The municipal
agency may subsequently require correction of any information found
to be in error and submission of additional information not specified
in the chapter or any revisions in the accompanying documents as are
reasonably necessary to make an informed decision as to whether the
requirements necessary for the approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the agency.
[1]
Editor's Note: The checklist herewith adopted
is on file with the Secretary of the Planning Board.
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.
Development within the Hackensack Meadowlands
Development District shall conform with all applicable regulations
of the Hackensack Meadowlands Development Commission promulgated in
accordance with N.J.S.A. 13:17-1 et seq.
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 conditioned 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 fine not exceeding $1,000, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof, and each lot disposition so made
may be deemed a separate violation.
[Amended 7-13-1999 by Ord. No. 408]
B.
Any owner, tenant or other occupant, agent, architect, builder, contractor or any other worker or any other person who shall commit, take part or assist in any violation, other than a violation set forth in Subsection A, 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 subject to a fine not exceeding $1,000, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the Court. Each day that a violation is permitted to exist shall constitute a separate offense.
[Amended 7-13-1999 by Ord. No. 408]
C.
Civil remedy; 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; unlawful sale of land.
(1)
In addition to the other remedies set forth in this chapter, the Borough Council or Building Inspector may, in the event of a sale, transfer or agreement which violates Subsection A, institute and maintain an action:
[Amended 7-13-1999 by Ord. No. 408]
(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 or her 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.
