Borough of Red Bank, NJ Subdivision and Site Plan Review and Approval

In all zones for all proposed uses, subdivision, site development or construction, other than an exempt development, site plan and/or subdivision approval shall be required prior to:

Subdivision of land.

Issuance of a development permit or building permit.

Commencement of any regulated use or activity, which includes:

(1)

The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structures;

(2)

The use or occupancy of any building, structure or land;

(3)

The subdivision or resubdivision of any land.

(4)

Any activity which entails the construction of any improvements or the alteration of the natural condition of any land.

§ 490-58 Application for development permit.

In all cases, application shall first be made to the administrative officer for issuance of a development permit by any person wishing to undertake any regulated activity.

If the administrative officer shall determine that the proposed undertaking is an exempt development which conforms in all aspects to the requirements of this chapter and does not require direction for issuance of a building permit pursuant to Section 25 (N.J.S.A. 40:55D-34) or Section 27 (N.J.S.A. 40:55D-36) of Chapter 291, P.L. 1975 (Municipal Land Use Law), he shall issue a development permit, and the applicant may then apply for a building permit and/or other permits that may be required.

If the administrative officer shall determine that the proposed undertaking is an exempt development but does not conform in all aspects to the requirements of this chapter and/or requires direction for issuance of a building permit pursuant to Section 25 (N.J.S.A. 40:55D-34) or Section 27 (N.J.S.A. 40:55D-36) of Chapter 291, P.L., 1975, he shall instruct the applicant that Board of Adjustment approval of an application for development for variance and/or direction for issuance of a building permit is required before a development permit may be issued allowing the applicant to apply for a building permit and/or other permits that may be required.

If the administrative officer shall determine that the proposed undertaking is not an exempt development, he shall instruct the applicant that Planning Board or Board of Adjustment approval of an application for development is required. He shall further advise the applicant which Board has jurisdiction over the application for development and which of the following approvals are required:

Site plan.

Subdivision.

Variance.

Conditional use.

Direction for issuance of a building permit.

The Planning Board or Board of Adjustment shall hear and act upon any requests for granting of variances, conditional use approval and/or direction for issuance of a building permit at the same time that they hear and act upon a minor subdivision, preliminary plat of a major subdivision, a minor site plan, or a preliminary plat of a major site plan. Such simultaneous action may be taken in conjunction with a final plat of a major subdivision or major site plan if revisions in the plat subsequent to preliminary plat approval shall have created the need for such simultaneous action or if the application is for combined preliminary and final plat approval.

§ 490-59 Informal review of developer's concept plan.

[Amended 4-24-2019 by Ord. No. 2019-16]

At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The fees for such an informal review shall be a credit toward fees for review of the application for development. The developer shall not be bound by any concept plan or which review is requested, and the Planning Board shall not be bound by any such review.

§ 490-60 Applications for development.

[Amended 4-24-2019 by Ord. No. 2019-16]

Development applications shall be as per procedures and on forms prescribed by the Department of Planning and Zoning consistent with this chapter and the Municipal Land Use Law.

§ 490-61 Minor subdivisions.

Required documents. Prior to issuance of a certificate of completeness or scheduling of a minor subdivision for public hearing, the administrative officer shall determine that the following have been submitted in proper form:

(1)

A certificate of title, which may be on the plat (signed by the owner and notarized) or in a letter form, signed by a member of the New Jersey Bar, by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.

(2)

Borough Engineer's report.

(3)

Application for state wetlands approval, where required.

(4)

Other submittals that may be required by the Borough Engineer, Planning Board, Board of Adjustment, or federal, state or local law.

(5)

The application for development for a minor subdivision or minor site plan shall include a request for the granting of any variances required.

(6)

Required application fees.

(7)

Fifteen copies of a plat and attachments meeting the requirements set forth below.

Plat requirements.

(1)

General requirements. The plat for a minor subdivision shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of the Map Filing Law, N.J.S.A. 46:26B-1 et seq., as amended and supplemented, and shall include or be accompanied by the information specified below:

(a)

All dimensions, both linear and angular, of the exterior boundaries of the subdivision, all lots and lands reserved or dedicated for public use shall balance and their descriptions shall close within a limit of error of not more than one part in 10,000.

(b)

The minor subdivision shall be based upon a current boundary survey certified to the subdivider and prepared or recertified not less than 12 months prior to the date of application.

(2)

Title block. A title block shall appear on all sheets and include:

(a)

Title of "Minor Subdivision."

(b)

Name of the subdivision, if any.

(c)

Tax Map sheet, block and lot number(s) of the tract to be subdivided, as shown on the latest Borough Tax Map, the date of which shall also be shown.

(d)

Acreage of the tract being subdivided to the nearest tenth of an acre.

(e)

Names and addresses of owner and subdivider so designated.

(f)

Date (of original and all revisions).

(g)

Name, signature, address and license number of the land surveyor who prepared the map and made the survey. (The plat shall bear the embossed seal of the land surveyor.)

(3)

Detailed information:

(a)

A key map (at a scale of not less than one inch equals 1,000 feet) showing the location of the tract to be subdivided with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any zone boundaries and Borough boundary which is within 500 feet of the subdivision.

(b)

The names of all owners of and property lines of parcels adjacent to the land to be subdivided, including properties across the street, as shown by the most recent records of the Borough.

(c)

All zone boundaries, Borough borders, existing public easements, Tax Map lot and block numbers, watercourses, floodways and flood hazard areas within 200 feet, and both the width of the paving and the width of the right-of-way of each street within 200 feet of the subdivision.

(d)

All existing structures, with an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain, referenced to proposed lot lines.

(e)

All proposed public easements or rights-of-way and the purposes thereof.

(f)

The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surfaced drainage (where required by the Board or Borough Engineer).

(g)

All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified shall be shown to the nearest hundredth of a square foot or hundredth of a linear foot.

(h)

North arrow.

(i)

Written and graphic scales.

(j)

A copy of any existing or proposed covenants or deed restrictions applying to the land being subdivided or certification that none exist. Such certification may be in letter form signed by a member of the New Jersey Bar, by a title officer or authorized agent of a title insurance company licensed to do business in New Jersey.

(k)

Proposed lot and block numbers approved by the Borough Engineer.

(l)

Such other information as the Board and/or Borough Engineer may require or request during the review of the application for classification and approval as a minor subdivision.

Action on minor subdivision application.

(1)

By the Planning Board.

(a)

Referral to Committee. Each complete application for development for a minor subdivision shall be referred to the Subdivision Committee. The Subdivision Committee, in accordance with the definition of a "minor subdivision," shall either approve the application for classification and approval as a minor subdivision or refer the subdivision to the full Planning Board for hearing and consideration. If the Subdivision Committee approves the application, no further municipal action will be required.

(b)

Action by Committee. In order to be approved and classified as a minor subdivision by the Subdivision Committee, the vote of the Committee must be unanimous. Applications for development for minor subdivision shall be referred to the full Planning Board for public hearing and vote in all of the following instances:

[1]

The vote of the Classification Committee is not unanimous.

[2]

Unfavorable recommendation from the Planning Board Engineer.

[3]

The subdivision also requires the granting of a variance or variances.

[4]

The application for development also requests approval of a major site plan, conditional use and/or direction for issuance of a building permit.

(c)

Action by Planning Board.

[1]

The action taken by the Subdivision Committee shall be announced at a public meeting of the Planning Board.

[2]

If an application is referred to the full Board by the Subdivision Committee, the Board will take action within 45 days of the date of submission of a complete application. Any referrals by the Subdivision Committee will be made in a timely manner so that the Board can take action within the time allowed.

(2)

By the Zoning Board of Adjustment. If an application for classification and approval as a minor subdivision is before the Board of Adjustment, it may be classified and approved as a minor subdivision by a majority vote of a quorum of the Board, with or without conditions. (If such action is simultaneous with action on a variance pursuant to N.J.S.A. 40:55D-70d, an affirmative vote of at least 2/3 of the full authorized members of the Board is required.)

Conditions of approval. Any approval of an application for development for a minor subdivision granted by the Planning Board or Board of Adjustment shall be subject to the following conditions being satisfied prior to signing of the plat or issuance of a development permit:

(1)

Installation of or posting of performance guarantees for the installation of any improvements required by the Board.

(2)

Payment of any outstanding real estate, water and sewer charges.

(3)

Monmouth County Planning Board approval (if not previously granted).

(4)

Red Bank Public Utilities Department approval (if not previously granted).

(5)

Payment of the required reproduction and Tax Map revision fees.

(6)

Submission of additional prints of the plat map and attachments for distribution (if required).

(7)

Publication of a notice of the decision of the Board by the applicant within the time set forth in § 490-9F of this chapter.

(8)

Any other conditions which may be imposed by the Board or which may be required by federal, state or local law.

(9)

A condition setting forth the time within which all conditions must be satisfied as described in § 490-9G of this chapter.

Certification. In the event that the application for development for a minor subdivision is approved, a certification to that effect in this form:

	Classified and approved as a minor subdivision by the Borough of Red Bank Planning Board (Board of Adjustment) on _______________.
	Attest:	Chairman
	Secretary	Date
	This plat (or a deed describing this subdivision) must be filed in the office of the Clerk of Monmouth County on or before __________________, which date is 190 days after approval as a minor subdivision by the Borough of Red Bank Planning Board (Board of Adjustment).
		Secretary

§ 490-62 Minor site plans.

Required documents. Prior to issuance of a certificate of completeness or scheduling of a minor site plan for consideration by the municipal agency, the administrative officer shall determine that the following has been submitted in proper form:

(1)

Borough Engineer's report.

(2)

Copy of application for granting of CAFRA permit, where required and if submitted.

(3)

Application for state wetlands permit, where required.

(4)

Other submittals that may be required by the Planning Board or federal, state or local law.

(5)

The application for development for minor site plan shall include a request for the granting of any variances required or other approvals required from the municipal agency.

(6)

Required application fees.

(7)

Fifteen copies of a plat and attachments meeting the requirements set forth below.

Plat requirements.

(1)

General requirements.

(a)

Any minor site plan presented to the municipal agency for its approval shall be drawn, signed and appropriately sealed by an architect, professional engineer, land surveyor and/or professional planner licensed to practice in the State of New Jersey.

(b)

Site plans shall not be drawn at a scale smaller than one inch equals 50 feet nor larger than one inch equals 10 feet. If the size of the site would require the use of sheets larger than 30 inches by 42 inches in order to show the entire site on one sheet, the detailed information for the site plan shall be shown in sections on sheets not larger than 30 inches by 42 inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one inch equals 200 feet.

(c)

The site plan shall be based on a monumented current, certified boundary survey. The date of the survey and the name of the person making same shall be shown on the map. If 12 months or more has passed since the date of (or date of last recertification of) the survey, it shall be recertified and, if necessary, brought up-to-date.

(2)

Title block. The title block shall appear on all sheets and include:

(a)

Title of "Minor Site Plan."

(b)

Name of the development, if any.

(c)

Tax Map sheet, block and lot number of the site, as shown on the latest Borough Tax Map, the date of which should also be shown.

(d)

Date (of original and all revisions).

(e)

Names and addresses of owner and developer so designated.

(f)

Name(s), signature(s), address(es), and license number(s) of the engineer, architect, land surveyor or planner who prepared the plat and their embossed seal.

(g)

If the site plan contains more than one sheet, each sheet shall be numbered and titled.

(3)

A schedule shall be placed on the site plan indicating:

(a)

The area of the tract and site (the portion of the tract involved in the site plan).

(b)

The floor area of the existing and proposed building (listed separately).

(c)

The proposed use or uses and the floor area devoted to each use.

(d)

The zone in which the site is located.

(e)

Proposed and required lot dimensions and front, rear and side setbacks.

(f)

Proposed and required off-street parking spaces.

(g)

Square footage and percentage of the site retained in unoccupied open space.

(4)

North arrow and written and graphic scales.

(5)

Sufficient spot elevations (USC & GS datum) and/or contour lines to indicate the proposed system of surface drainage and the relationship of proposed grading to the land surrounding the site.

(6)

The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Planning Board in the determination of floodway and flood hazard area limits.

(7)

Paving and right-of-way widths of existing streets within 200 feet of the site.

(8)

The boundary, nature and extent of wooded areas, swamps, bogs and ponds within the site and within 200 feet thereof; any specimen trees 12 inches in diameter (measured 4.5 feet above ground level) or larger on the site.

[Amended 12-12-2018 by Ord. No. 2018-39]

(9)

A key map (at a scale of not less than one inch equals 1,000 feet) showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundaries or Borough boundary which is within 500 feet of the subdivision.

(10)

The following shall also be required unless the administrative officer determines that they are not necessary to provide a full understanding of the application:

(a)

Existing at point of connection and all proposed manholes, sewer lines, waterlines, fire hydrants, utility poles and all other topographical features of a physical or engineering nature within the site and within 50 feet thereof.

(b)

All existing structures on the site and within 50 feet thereof, including their use, thereof indicating those to be destroyed or removed and those to remain.

(c)

Location, use, finished grade level, ground coverage, first-floor and basement elevations, front, rear and side setbacks of all buildings and other pertinent improvements.

(d)

Existing and proposed public easements or rights-of-way and the purposes thereof.

(e)

Zone boundaries and Tax Map sheet, lot and block numbers and names of owners of all properties across any street from or within 50 feet of the site.

(f)

The capacity of off-street parking areas and the location and dimensions of all access drives, aisles and parking stalls.

(g)

The location and size of proposed loading docks.

(h)

Location of curbs and sidewalks.

(i)

Cross section(s) showing the composition of pavement areas, curbs and sidewalks.

(j)

Exterior lighting plan, including the location, direction of illumination, amount of illumination expressed in horizontal footcandles, wattage and drawn details of all outdoor lighting standards and fixtures.

(k)

Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized.

(l)

Location of signs and drawn details showing the size, nature of construction, height and content of all signs.

(m)

Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.

(n)

Floor plans and building elevation drawings of any proposed structure or structures or existing structures to be renovated.

(o)

Written description of the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. The written description of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site, and provisions to be made for site maintenance.

(11)

Such other information as the municipal agency and/or Borough Engineer may request during site plan review.

Conditions of approvals. Any approval of an application for development for a minor site plan granted by the municipal agency shall be subject to the following conditions being satisfied prior to signing of the site plan or issuance of a development permit:

(1)

Installation and approval of, or posting of performance guarantees for the installation of, those improvements which are necessary to protect adjacent property and the public interest in the event development of the site was not completed.

(2)

Payment of any outstanding real estate, water and sewer charges.

(3)

Final Monmouth County Planning Board approval (if not previously granted).

(4)

Red Bank Public Utilities Department approval (if not previously granted).

(5)

Payment of the required reproduction and Tax Map revision fees.

(6)

Submission of additional prints of the site plan and attachments for distribution (if required).

(7)

Filing of an appropriate instrument with the Monmouth County Clerk consolidating the lots constituting the site (if required).

(8)

Publication of a notice of the decision by the applicant within the time set forth in § 490-9F of this chapter.

(9)

Any other conditions which may be imposed by the Planning Board or which may be required by federal, state or local law.

(10)

A condition setting forth the time within which all conditions must be satisfied as described in § 490-9G of this chapter.

Certification.

(1)

In the event that the application for development for a minor site plan is approved, a certification to that effect in the following form shall be endorsed on the site plan, and the original reproducible thereof shall be provided to the Planning Board by the applicant:

	Approved as a minor site plan by the Red Bank Borough Planning Board (Board of Adjustment) on _______________.
	Attest:	Chairman
	Secretary	Date

(2)

Said original shall be signed by the Chairman and Secretary or Assistant Secretary of the municipal agency after they receive certification from the administrative officer that all conditions of approval have been satisfied. After signature, the site plan shall be reproduced as provided for in § 490-60 of this chapter, and the signed original shall be returned to the applicant.

Effect of approval. The approval of a minor site plan shall expire two years after the date of approval if a building permit, or, where a building permit is not required, a certificate of occupancy, has not been obtained.

§ 490-63 Sketch plat of major subdivision.

Submission optional. Applicants are encouraged to submit a sketch plat of a major subdivision during the early design stages containing that information necessary to form a basis for discussion of alternatives for development. A detailed review of a sketch plat will minimize the necessity of major revisions in the more detailed preliminary plat submission. Application fees paid at the sketch plat submission stage will be deducted from the required application fees at the preliminary plat stage if submittal of the preliminary plat is made within one year from the date of sketch plat approval.

Required documents. Prior to issuance of a certificate of completeness or scheduling of a sketch plat of a major subdivision for public hearing before the municipal agency, the administrative officer shall determine that the following have been submitted in proper form:

(1)

Borough Engineer's report.

(2)

Application fees.

(3)

Eight copies of the plat and attachments meeting the requirements set forth below (to the extent that the municipal agency determines such information is necessary to evaluate the proposal and discuss alternatives).

Plat requirements.

(1)

General requirements. The sketch plat shall be based on a land survey, a deed plotting, the current Tax Map or other suitable base map, and shall be drawn at a scale not less than 100 feet to the inch for subdivisions up to 100 acres in size and not less than 200 feet to the inch for subdivisions over 100 acres in size and shall show or be accompanied by the information specified below.

(2)

Title block. The title block shall appear on all sheets and include:

(a)

Title of "Sketch Plat — Major Subdivision."

(b)

Name of the subdivision, if any.

(c)

Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Borough Tax Map, the date of which should also be shown.

(d)

Date (of original and all revisions).

(e)

Names and addresses of owner and subdivider so designated.

(f)

Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. (The plat should bear the embossed seal of said engineer and/or land surveyor.)

(3)

Detailed information:

(a)

A key map (at a scale of not less than one inch equals 1,000 feet) showing the location of the tract to be subdivided with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and the location of any zone boundaries and Borough boundary which is within 500 feet of the subdivision.

(b)

A schedule should be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks and dimensions.

(c)

Zone boundaries, Tax Map sheet, lot and block numbers and property lines of parcels within 200 feet of the land to be subdivided, including properties across the street, as shown by the most recent records of the Borough or of adjoining municipalities.

(d)

All existing streets, watercourses, floodplains, floodway and flood hazard areas within the proposed subdivision and within 200 feet of the boundaries thereof, both the width of the paving and the width of the rights-of-way of each street, existing public easements and Borough borders within 200 feet of the subdivision.

(e)

All existing structures, an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain.

(f)

The boundaries, nature and extent of wooded areas and the location of any other significant physical features, including swamps, bogs and ponds, within the proposed subdivision and within 200 feet thereof.

(g)

The layout of the proposed subdivision drawn in compliance with the provisions of this chapter.

(h)

All existing and proposed public easements or rights-of-way and the purposes thereof and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way width(s).

(i)

If known, the maximum anticipated extent of the areas of excavation or embankment where any grade changes are proposed, including those for streets.

(j)

The existing directions of surface flow and the system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.

(k)

The acreage of the drainage area (or areas) of each natural or man-made watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.

(l)

The locations of all stakes, if any; places on the property to aid in on-site inspections.

(m)

North arrow.

(n)

Written and graphic scales.

(o)

The preliminary utility layouts showing the methods of connection and the courses of service.

(p)

Existing five-foot (or less) interval contours based on United States Coast and Geodetic Survey datum (MSL=0) shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that, where the slopes exceed 5%, a ten-foot interval may be used, and if the slopes exceed 10%, a twenty-foot interval is permissible. The source of elevation datum base shall be noted.

(q)

Such other information as the Engineer or municipal agency may require or request.

Conditions of approval. Any approval of an application for a sketch plat of a major subdivision granted by the municipal agency shall be subject to the following conditions being satisfied prior to signing of the plat:

(1)

Payment of required reproduction fee.

(2)

Submission of additional prints of the plat map and attachments for distribution (if required).

(3)

Any other conditions which may be imposed by the municipal agency.

Certification.

(1)

In the event that the application for development for a sketch plat of a major subdivision is approved, a certification to that effect in the following form shall be endorsed on the sketch plat, and the original reproducible thereof shall be provided to the municipal agency by the applicant:

	Approved with regard to general planning and design concepts as a sketch plat of a major subdivision by the Red Bank Borough Planning Board (Board of Adjustment) on _______________.
	Attest:	Chairman
	Secretary	Date

(2)

Said original shall be signed by the Chairman and Secretary or Assistant Secretary of the municipal agency after they receive certification from the administrative officer that all conditions of approval have been satisfied. After signature, the sketch plat shall be reproduced as provided for in § 490-60 of this chapter, and the signed original shall be returned to the applicant.

Applicant's rights upon approval. Approval of a sketch plat shall confer upon the applicant, for a period of one year following the date of sketch plat approval by the municipal agency, the right to submit an application for development for a preliminary plat conforming to the approved sketch plat.

§ 490-64 Preliminary plat of major subdivision.

Required documents. Prior to issuance of a certificate of completeness of scheduling of a preliminary plat of a major subdivision for public hearing, the administrative officer shall determine that the following has been submitted in proper form:

(1)

Borough Engineer's report.

(2)

Copy of application granting of CAFRA permit, where required and if submitted.

(3)

Application for municipal and/or state wetlands permit, where required.

(4)

Other submittals which may be required by the Borough Engineer, Planning Board, Board of Adjustment, or federal, state or local law.

(5)

The application for development for a preliminary plat of a major subdivision shall include a request for the granting of any variances required.

(6)

Required application fees.

(7)

Submittals in a form with the number of copies as required by the administrative officer.

[Amended 10-24-2018 by Ord. No. 2018-28]

(8)

Submission of a completed Green Development Checklist (490 Attachment 5).

[Added 10-24-2018 by Ord. No. 2018-28]

Plat requirements.

(1)

General requirements. All plats containing proposals or designs for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of said professional engineer. The preliminary plat shall be based on a land survey conducted not more than five years prior to the date of application and certified to the subdivider and shall be drawn at a scale of not less than 100 feet to the inch for subdivisions up to 100 acres in size and not less than 200 feet to the inch for subdivisions over 100 acres in size and shall show or be accompanied by the information specified below.

(2)

Title block. The title block shall appear on all sheets and include:

(a)

Title of "Preliminary Plat — Major Subdivision."

(b)

Name of subdivision, if any.

(c)

Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Borough Tax Map, the date of which shall also be shown.

(d)

Date (of original and all revisions).

(e)

Names and addresses of owner and subdivider so designated.

(f)

Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. (The plat shall bear the embossed seal of said engineer and/or land surveyor.)

(3)

A key map (at a scale of not less than one inch equals 1,000 feet) showing the location of the tract to be subdivided, with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any zone boundary or Borough boundary which is within 500 feet of the subdivision.

(4)

A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards and dimensions.

(5)

Zone boundaries, Borough borders and the names of all owners, lot and block numbers and property lines of parcels within 200 feet of the land to be subdivided, including properties across the street, as shown by the most recent records of the Borough or of the municipality of which the property is a part.

(6)

The preliminary plat shall be based on a current certified boundary survey as required above, with sufficient lines of the adjoining tracts surveyed to establish any overlap or gap between the adjoining boundary lines and the boundary lines of the tract in question. The date of the survey and the name of the person making the same shall be shown on the map.

(7)

Contours.

(a)

Existing one-foot interval contours based on United States Coast and Geodetic Survey datum (MSL=0) shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that, where the slopes exceed 5%, a two-foot interval may be used, and if the slopes exceed 10%, a five-foot interval is permissible. The source of elevation datum base shall be noted. If contours have been established by aerial photography, a check profile shall be made on the boundary line of the tract and certified by a New Jersey licensed land surveyor.

(b)

Ninety percent of elevations interpolated from contour lines will be within 1/2 the contour interval when referred to the nearest bench mark. All spot elevations shall be to the nearest 0.1 of a foot and accurate to within 0.3 of a foot.

(c)

Ninety percent of all planimetric features shown on the map will be within 1/40 of an inch of their true position, and no planimetric features will be out of true position more than 1/20 of an inch at map scale when referenced to the nearest field-established station. A statement of compliance and/or a complete statement concerning any areas of noncompliance with this requirement shall be placed on the tentative plat.

(8)

All existing streets, public easements, watercourses, floodways and flood hazard areas within the proposed subdivision and within 200 feet of the boundaries thereof, including both the width of the paving and the width of the right-of-way of each street within 200 feet of the subdivision.

(9)

All existing structures, an indication of those which are to be destroyed or removed, and the front, rear, and side yard dimensions of those to remain.

(10)

The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs and ponds within the proposed subdivision and within 200 feet thereof.

(11)

The layout of the proposed subdivision drawn in compliance with the provisions of the chapter.

(12)

All proposed public easements or rights-of-way and the purposes thereof and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.

(13)

The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.

(14)

The acreage of the drainage area (or areas) of each natural or man-made watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.

(15)

All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified should be accurate to within -0% and +4%. (For example, a lot line specified as 250 feet long should not be less than 250 feet but may be as long as 260 feet.)

(16)

North arrow and basis therefor and written and graphic scales.

(17)

Preliminary utility layouts showing methods of connection and sources of service.

(18)

The proposed location and area, in acres or square feet, of all proposed common open space areas.

(19)

The types and locations of all stakes, marks or flagged points, if any, placed on the property to aid in on-site inspections. The Planning Board may require the marks or stakes, as a minimum, be placed at the intersection of all lines of the tract boundary with existing streets, at the center of all culs-de-sac, at all internal street intersections, along street tangents at intervals not exceeding 500 feet, and at such additional locations as the Planning Board may deem necessary. The locations indicated on the plat shall be accurate within plus or minus 10 feet. Any traverse lines cut out and/or marked on the site shall be shown on the plat. If such on-site points, as above discussed, have not been established at the time of submission of a tentative plat, the Planning Board may give the subdivider 15 days' notice of the date of any proposed site inspection by the Board, so the points can be set.

(20)

The tentative plat shall show, on the property to be subdivided and within 200 feet of that property, all existing paper streets, dirt roads, paved streets, curbs, manholes, sewer lines, water and gas pipes, utility poles, ponds, swamps and all other topographical features of a physical or engineering nature.

(21)

Preliminary on-site grading and drainage plan.

(a)

The preliminary plat shall show or be accompanied by a preliminary grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention-recharge basins, the scheme of surface drainage and other items pertinent to drainage, including the approximate proposed grading contours at one-foot intervals, except if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL=0), and the source of datum shall be noted.

(b)

The plan shall outline the approximate area contributing to each inlet.

(c)

All proposed drainage shall be shown with preliminary pipe type and sizes, invert elevations, grades and direction of flow. The direction of flow of all surface waters and all watercourses shall be shown.

(d)

The preliminary grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth in this chapter.

(22)

Preliminary off-site drainage plan. The preliminary plat shall also be accompanied by a preliminary off-site drainage plan prepared in accordance with the following standards:

(a)

The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.

(b)

Pertinent off-site existing drainage, which receives or discharges runoff from or onto the site, shall be shown with elevations of inverts, pipe types and sizes or other appropriate physical data for open or nonpipe conduits.

(c)

To the extent that information is available and may be obtained from the County or Borough Engineer(s), any existing plans for drainage improvements shall be shown.

(d)

In the event a temporary drainage system is proposed, tentative plans of that system shall be shown.

(23)

Boring logs. Unless the Borough Engineer shall determine that less boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the preliminary plat shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:

(a)

Borings shall be spaced evenly throughout the tract.

(b)

One boring not less than 15 feet below the proposed grade or 20 feet minimum depth shall be made for every five acres, or portion thereof, of land within a tract where the water table is found to be 10 feet or more below the proposed or existing grade at all boring locations.

(c)

One additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than 10 feet below the proposed or existing grade.

(d)

In addition to the above, in those areas where the water table is found to be five feet or less below the existing or proposed grade, two additional borings per acre, or portion thereof, will be required. If construction of homes with basements is contemplated, at least one boring will be located on each lot within the building setback lines.

(e)

Boring logs shall show soil types and characteristics encountered, groundwater depths, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest 0.1 of a foot.

(f)

Based on the borings, the preliminary plat shall clearly indicate all areas having a water table within two feet of the existing surface of the land, or within two feet of proposed grade, or all areas within which two feet or more of fill is contemplated or has previously been placed.

(24)

The location, dimensions, area and disposition of any park and recreation areas shall be shown and noted on the preliminary plat and shall be subject to the approval of the Planning Board.

(25)

Sectionalization and staging plans. The preliminary sectionalization and staging plan showing the following:

(a)

If the subdivision is proposed to be filed for final approval in sections, the plan shall show each such section and the anticipated date of filing for each section. The staging of the various sections in the subdivision shall be such that if development of the subdivision were to be discontinued after the completion of any section, the developed portion of the subdivision would be provided with adequate street drainage and utility systems. The size and staging of the section in a subdivision shall be established to promote orderly development and shall be subject to the approval of the Board.

(b)

The sectionalization and staging plan shall identify for each lot or groups of lots in the subdivision those improvements that will be completed prior to application for certificates of occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings in the subdivision and adjoining properties.

(26)

If the Borough Engineer, Planning Board or Board of Adjustment, or Environmental Commission determines that existing trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper and type be shown on the plat for the following:

[Amended 12-12-2018 by Ord. No. 2018-39]

(a)

Living deciduous trees having a trunk of six inches diameter or more (measured 4.5 feet above ground level).

(b)

All living coniferous trees having a trunk of six inches diameter or more (measured 4.5 feet above ground level).

(c)

All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater diameter (measured 4.5 feet above ground level).

(d)

All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.

(27)

The location of proposed depressed pedestrian ramps and other facilities for the handicapped.

(28)

Such other information as the Board and/or Borough Engineer may require or request during the review of the preliminary plat.

Conditions of approval.

(1)

Any approval of an application for development for a preliminary plat of a major subdivision by the Planning Board or Board of Adjustment shall be subject to the following conditions being satisfied prior to the signing of the plat:

(a)

Payment of required reproduction fee.

(b)

Submission of additional prints of the plat and attachments for distribution (if required).

(c)

Preliminary Monmouth County Planning Board approval (if not previously granted).

(d)

Preliminary Red Bank Public Utilities Department approval (if not previously granted).

(e)

Publication of a notice of the decision of the Board by the applicant within the time set forth in § 490-9F of this chapter.

(f)

Any other conditions which may be imposed by the Board or may be required by federal, state or local law.

(g)

A condition setting forth the time within which all conditions must be satisfied as described in § 490-9G of this chapter.

(2)

The Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions on the final plat submission.

Certification.

(1)

In the event that the application for development for a preliminary plat of a major subdivision is approved, a certificate to that effect in the following form shall be endorsed as the preliminary plat, and the original reproducible thereof shall be provided to the Board by the applicant:

Approved as a preliminary plat of a major subdivision by the Borough of Red Bank Planning Board (Board of Adjustment) on __________________.
Attest:	Chairman
Secretary	Date

(2)

Said original shall be signed by the Chairman and Secretary of the Board after they receive certification from the administrative officer that all conditions of approval have been satisfied. After signature, the preliminary plat shall be reproduced as provided for in § 490-60 of this chapter, and the signed original shall be returned to this applicant.

Applicant's rights upon approval. Approval of a preliminary plat shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49 and § 490-7L(5) of this chapter.

Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board or Board of Adjustment and the Borough Engineer that such clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the subdivision is not undertaken; and that required inspection fees have been paid and adequate performance guarantees have been posted to provide for the cost to the Borough of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvement is not completed and/or further development of the subdivision is not undertaken. Such performance guarantees shall include, but are not limited to, the cost to the Borough of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract acres from flooding, screening or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way or easements.

§ 490-65 Preliminary plat of major site plan.

Required documents. Prior to issuance of a certificate of completeness of scheduling of a preliminary plat of a major site plan for public hearing, the administrative officer shall determine that the following has been submitted in proper form:

(1)

Borough Engineer's report.

(2)

Copy of application for granting of a CAFRA permit, where required and if submitted.

(3)

Application for state wetlands permit, where required.

(4)

Other submittals that may be required by the Borough Engineer, Planning Board, Board of Adjustment, or federal, state or local law.

(5)

The application for development for a preliminary plat of a major site plan shall include a request for the granting of any variances required.

(6)

Required application fees.

(7)

Submittals in a form with the number of copies as required by the administrative officer.

[Amended 10-24-2018 by Ord. No. 2018-28]

(8)

Submission of a completed Green Development Checklist (490 Attachment 5).

[Added 10-24-2018 by Ord. No. 2018-28]

Plat requirements.

(1)

General requirements.

(a)

Any preliminary plat of a major site plan presented to the Planning Board or Board of Adjustment for its approval shall be signed and appropriately sealed by an architect, professional engineer, land surveyor and/or professional planner licensed to practice in the State of New Jersey; provided, however, that sanitary sewer, water distribution and storm drainage plans and water and sewage treatment plans may only be signed and sealed by a professional engineer.

(b)

Site plans shall not be drawn at a scale smaller than one inch equals 50 feet nor larger than one inch equals 10 feet.

(c)

If the size of the site would require the use of sheets larger than 30 inches by 42 inches in order to show the entire site on one sheet, the detailed information for the site plan shall be shown in sections on sheets not larger than 30 inches by 42 inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one inch equals 200 feet.

(d)

The site plan shall be based on a monumented, current certified boundary survey. The date of the survey and the name of the person making same shall be shown on the map. If 12 months or more has passed since the date of (or date of last recertification of) the survey, it shall be recertified and, if necessary, brought up to date.

(2)

Title block. The title block shall appear on all sheets and include:

(a)

Title of "Preliminary Plat — Major Site Plan."

(b)

Name of the development, if any.

(c)

Tax Map sheet, block and lot number of the site, as shown on the latest Borough Tax Map, the date of which should also be shown.

(d)

Date (of original and all revisions).

(e)

Names and addresses of owner and developer so designated.

(f)

Name(s), signature(s), address(es), and license number(s) of the engineer, architect, land surveyor or planner who prepared the plan and their embossed seal.

(g)

If the site plan contains more than one sheet, each sheet shall be numbered and titled.

(3)

A schedule shall be placed on the site plan indicating:

(a)

The acreage of the tract and site (the portion of the tract involved in the site plan).

(b)

The floor area of the existing and proposed buildings (listed separately).

(c)

The proposed use or uses and the floor area devoted to each use.

(d)

The zone in which the site is located.

(e)

Proposed and required lot dimensions and front, rear and side setbacks.

(f)

Proposed and required off-street parking spaces.

(g)

Square footage and percentage of the site retained in unoccupied open space and occupied by buildings.

(4)

North arrow and written and graphic scales.

(5)

The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Board in the determination of floodway and flood hazard area limits.

(6)

Paving and right-of-way widths of existing streets within 200 feet of the site.

(7)

The boundary, nature and extent of wooded areas, swamps, bogs and ponds within the site and within 200 feet thereof.

(8)

Existing and proposed manholes, sewer lines, fire hydrants, waterlines, utility poles and all other topographical features of a physical or engineering nature within the site and within 200 feet thereof.

(9)

All existing structures on the site and within 200 feet thereof, including their use, indicating those to be destroyed or removed and those to remain.

(10)

Location, use, finished grade level, ground coverage, first-floor and basement elevations, front, rear and side setbacks of all existing buildings and other pertinent improvements.

(11)

Existing and proposed public easements or rights-of-way and the purposes thereof.

(12)

A grading plan showing existing and proposed grading contours at one-foot intervals throughout the tract, except if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL=0), and source of datum shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading.

(13)

On-site drainage plan.

(a)

The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage, including existing and proposed contours as previously required.

(b)

The plan shall outline each area contributing to each inlet.

(c)

All proposed drainage shall be shown with pipe type and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.

(d)

The drainage plan shall be accompanied by complete drainage calculations made in accordance with the standards set forth in this chapter.

(14)

Off-site drainage plan. The plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:

(a)

The plan shall consist of an outline of the entire drainage basin in which the site is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.

(b)

The pertinent off-site existing drainage shall be shown with elevations of inverts and grates to the nearest 0.1 of a foot.

(c)

To the extent that information is available and may be obtained from the County or Municipal Engineer(s), any existing plans for drainage improvements shall be shown.

(d)

In the event a temporary drainage system is proposed, full plans of that system shall be shown.

(e)

The off-site drainage plans shall be accomplished by profiles of all proposed drainage, showing existing details, pipe sizes, type, inverts, crowns and slopes; all proposed structures and connections and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross sections at intervals not exceed 100 feet shall be shown for all open channels.

(15)

If required by the Borough Engineer, center-line profiles of streets bordering the site, internal roadways and major circulation aisles showing:

(a)

Existing and proposed final grades and slopes.

(b)

Pipe sizes, slope, type, inverts and grate or rim elevation of drainage and sanitary sewage facilities.

(16)

Boring logs. Unless the Borough Engineer shall determine that less boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the site plan shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:

(a)

Borings shall be spaced evenly throughout the site.

(b)

One boring not less than 15 feet below grade or 20 feet minimum depth shall be made for every five acres (or portion thereof) of land where the water table is found to be 10 feet or more below proposed or existing grade at all boring locations.

(c)

One additional boring shall be made per acre (or portion thereof) in those areas where the water table is found to be less than 10 feet below proposed or existing grade.

(d)

In addition to the above, in those areas where the water table is found to be five feet or less below existing or proposed grade, two additional borings per acre (or portion thereof) will be required if construction of basements is contemplated. Borings shall be located where such basements are proposed.

(e)

(f)

Based on the borings, the site plan shall clearly indicate all areas having a water table within two feet of the existing surface of the land, or within two feet of proposed grade, or all areas within which two feet or more of fill is contemplated or has previously been placed.

(17)

Zone boundaries and the Tax Map sheet, lot and block numbers and names of owners of all properties within 200 feet of the site.

(18)

A key map (at a scale of not less than one inch equals 1,000 feet) showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Borough boundary which is within 500 feet of the site plan.

(19)

The location, area, dimensions and proposed disposition of any area or areas of the site proposed to be retained as common open space, indicating the facilities to be provided in such areas.

(20)

The capacity of off-street parking areas and the location and dimensions of all access drives, aisles and parking stalls. The location and treatment of existing and proposed entrances and exits to public rights-of-way, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width and any other device necessary for traffic safety and/or convenience, and the estimated average number of passenger vehicles, single-unit trucks or buses, and semitrailers that will enter the site each day.

(21)

Graphic depiction of the anticipated routes and details of the system of on-site vehicular and pedestrian circulation. If the developer desires to have the appropriate provisions of Title 39 of the Revised Statutes governing motor vehicle operation made applicable to the site, thereby allowing municipal police regulation of traffic control devices, he shall submit a formal request and a detailed plan meeting the requirements of the New Jersey Department of Transportation. The Borough Engineer will advise the developer regarding the details of such a plan.

(22)

The location and size of proposed loading docks.

(23)

Location of curbs and sidewalks.

(24)

Cross section(s) showing the composition of pavement areas, curbs and sidewalks.

(25)

(26)

Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized.

(27)

Location of signs and drawn details showing the size, nature of construction, height and content of all signs.

(28)

Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.

(29)

Floor plans and building elevation drawings of any proposed structure or structures or existing structures to be renovated.

(30)

Location of handicapped facilities, including parking spaces and ramps (where applicable).

(31)

If the Borough Engineer, Planning Board or Environmental Commission determines that existing trees located on the site may have an effect on the proper layout of the site, it may be required that the location, caliper and type be shown on the plat for the following:

[Amended 12-12-2018 by Ord. No. 2018-39]

(a)

Living deciduous trees having a trunk of six inches diameter or more (measured 4.5 feet above ground level).

(b)

All living coniferous trees having a trunk of six inches diameter or more (measured 4.5 feet above ground level).

(c)

All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater diameter (measured 4.5 feet above ground level).

(d)

All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.

(32)

Sectionalization and staging plan. Developers of large uses such as shopping centers, multifamily dwellings, industrial parks or other such uses proposed to be developed in stages shall submit a sectionalization and staging plan showing the following:

(a)

The anticipated date for commencing construction of each section or stage. The staging of development on the site shall be such that if development of the site were discontinued after the completion of any stage, the developed portion of the site would comply in all respects to the requirements of this chapter and be provided with adequate drainage and utility systems.

(b)

Those improvements that will be completed in each stage prior to application for certificate of occupancy. The plan should demonstrate that the staging of construction will minimize adverse affects upon occupied buildings in the site and adjoining properties.

(33)

Written description of the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. The written description shall also include the hours of operation of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site, and provisions to be made for site maintenance.

(34)

Such other information as the municipal agency and/or Borough Engineer may request during site plan review.

Conditions of approval.

(1)

Any approval of an application for development for a preliminary plat of a major site plan by the Planning Board or Board of Adjustment shall be subject to the following conditions being satisfied prior to the signing of the plat:

(a)

Payment of required reproduction fee.

(b)

Submission of additional prints of the plat and attachments for distribution (if required).

(c)

Preliminary Monmouth County Planning Board approval (if not previously granted).

(d)

Preliminary Red Bank Borough Public Utilities Department approval (if not previously granted).

(e)

Publication of a notice of the decision of the Board by the applicant.

(f)

Any other conditions which may be imposed by the Board or may be required by federal, state or local law.

(2)

The Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions on the final plat submission.

Certification.

(1)

In the event that the application for development for a preliminary plat of a major subdivision is approved, a certification to that effect in the following form shall be endorsed on the preliminary plat, and the original reproducible thereof shall be provided to the Board by the applicant:

	Approved as a preliminary plat of a major site plan by the Borough of Red Bank Planning Board (Board of Adjustment) on __________________.
	Attest:	Chairman
	Secretary	Date

(2)

Said original shall be signed by the Chairman and Secretary of the municipal agency after they receive certification from the administrative officer that all conditions of approval have been satisfied. After signature, the preliminary plat shall be reproduced as provided for in § 490-60 of this chapter, and the signed original shall be returned to the applicant.

Applicant's rights upon approval. Approval of a preliminary plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-49 and § 490-7L(5) of this chapter.

Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board or Board of Adjustment and the Borough Engineer that the clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the site plan is not undertaken; and that required inspection fees have been paid, and adequate performance guarantees have been posted to provide for the cost to the Borough of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvements is not completed and/or further development of the site is not undertaken. Such performance guarantees shall include, but are not limited to, the cost to the Borough of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract areas from flooding, screening or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way or easements.

§ 490-66 Final plat of major subdivision.

Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major subdivision for public hearing, the administrative officer shall determine that the following has been submitted in proper form:

(1)

Borough Engineer's report.

(2)

Application for land disturbance permit.

(3)

Application for state wetlands approval, where required.

(4)

Application for stream encroachment permit, where required.

(5)

Where applicable, a copy of the permit issued, or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq., and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.

(6)

A certificate of title, which may be on the plat (signed by the owner and notarized) or in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.

(7)

Other submittals that may be required by the Borough Engineer, Planning Board, Board of Adjustment, or federal, state or local law.

(8)

Unless waived by the Board, a formal request, in appropriate statutory form, requesting that the applicable provisions of Title 39 of the Revised Statutes be made applicable to the site in order to permit police regulation of traffic control devices prior to acceptance of streets.

(9)

Required application fees.

(10)

Fifteen copies of the plat and attachments meeting the requirements set forth below.

(11)

A condition setting forth the time within which all other conditions must be satisfied as described in § 490-9G of this chapter.

Plat requirements.

(1)

General requirements. A final plat may, for all or any portion of an approved preliminary plat, be submitted to the municipal agency within three years of the date of approval of the preliminary plat. In general, all requirements set forth in this chapter for tentative plats shall apply to final plats, with the addition of the specific additional requirements set forth herein.

(a)

A final plat shall be drawn at a scale of not less than 100 feet to the inch and shall conform to the provisions of N.J.S.A. 46:26B-1 et seq., as amended and supplemented, specified herein.

(b)

All dimensions, both linear and angular, of the exterior boundaries of the subdivision and all lots and all lands reserved or dedicated for public use shall balance, and their description shall close within a limit of error of not more than one part in 10,000.

(c)

Unless specifically waived by the Borough Engineer, the bearing system used on the exterior boundaries of the final plat shall conform to the New Jersey State Plane Coordinate System or the plat shall show bearings based on said system in addition to any other bearings shown. When multiple bearing systems are shown, the bearings conforming to the New Jersey State Plane Coordinate System shall be enclosed in brackets.

(d)

Unless specifically waived by the Borough Engineer, coordinates, based on the New Jersey State Plane Coordinate System (x and y) shall be shown, individually or in tabular form, for the monumented (existing or proposed) corners of the exterior boundary of the tract.

(e)

The source of New Jersey State Plane Coordinate System information shown as required above shall be noted on the final plat.

(2)

Purpose of final plat. A final plat and supporting drawing and documents for a proposed subdivision constitute the complete and fully detailed and documented development of the subdivision proposal and becomes the basis for the construction of the subdivision and inspection by the Borough Engineer, other officials and Planning Board or Board of Adjustment. The portion of the plat intended for filing must be recorded at the County Clerk's office to have legal status.

(3)

Title block. The title block shall appear on all sheets and include:

(a)

Title of "Final Plat — Major Subdivision."

(b)

Development name, if any.

(c)

Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Borough Tax Map, the date of which shall also be shown.

(d)

Date (of original and all revisions).

(e)

Names and addresses of owner and subdivider so designated.

(f)

The name(s), signature(s), address(es) and license number(s) of the engineer and land surveyor who prepared the map. (The plat shall bear the embossed seal of said engineer and land surveyor.)

(4)

The final plat shall be based on a monumented, current, certified boundary survey. The date of the survey and the name of the person making the same shall be shown on the map. If 12 months or more have passed since the date of last recertification of the survey, it shall be recertified and, if necessary, brought up to date. Any necessary revisions from the survey used as a base for the tentative plat shall be specifically noted.

(5)

A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards and dimensions.

(6)

All design information submissions required by the provisions of the improvements and design standards portions of this chapter shall accompany the final plat.

(7)

A grading plan showing existing and proposed grading contours at one-foot intervals throughout the tract, except if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL=0), and source of datum shall be noted. In addition to the proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading, including corner elevations of buildings and first-floor and basement elevations.

(8)

The limits of all areas of proposed cuts and fills (exclusive of excavations for basements) shall be clearly designated.

(9)

On-site drainage plan.

(a)

The drainage plan shall be presented in graphic form, which shall clearly show the street and lot layout and those items which are pertinent to drainage, including existing and proposed contours as previously required.

(b)

The plan shall outline each area contributing to each inlet.

(c)

(d)

The drainage plan shall be accompanied by complete drainage calculations made in accordance with standards set forth herein.

(10)

Off-site drainage plan. The final plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:

(a)

(b)

The pertinent off-site existing drainage shall be shown with elevations of inverts and grade to the nearest 1/10 of a foot.

(c)

To the extent that information is available and may be obtained from the County or Municipal Engineer(s), any existing plans for drainage improvements shall be shown.

(d)

In the event a temporary drainage system is proposed, full plans of that system shall be shown.

(e)

The off-site drainage plans shall be accompanied by profiles of all proposed drainage, showing existing and proposed finished grades, channel section details, pipe sizes, type, inverts, crowns and slopes, all proposed structures and connections and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross sections at intervals not exceeding 100 feet shall be shown for all open channels.

(11)

Center-line profiles of all proposed streets showing:

(a)

Existing and proposed finished grades and slopes.

(b)

Pipe sizes, slope, type, inverts and grate or rim elevations of drainage and sanitary sewage facilities.

(12)

Where required by the Borough Engineer, cross section of proposed streets to at least 10 feet outside of any grading limit at intervals of at least every 100 feet, of all proposed streets.

(13)

Where required by the Planning Board or Board of Adjustment or Environmental Commission, the location, caliper and type of all:

[Amended 12-12-2018 by Ord. No. 2018-39]

(a)

Living deciduous trees having a trunk of six inches diameter or more (measured 4.5 feet above ground level).

(b)

All living coniferous trees having a trunk of six inches diameter or more (measured 4.5 feet above ground level).

(c)

All living dogwood (Cornus florida) or American holly (llex opaca) trees having a trunk of one inch or greater diameter (measured 4.5 feet above ground level).

(d)

All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.

(14)

The number, location and species of all proposed shade trees or other plantings.

(15)

Utility layouts, specifications and cross sections (sewers, water, gas, electric, telephone, etc.) showing feasible connections to any existing or proposed utility systems; provided, however, that detailed layouts of gas, electric and telephone lines are not required. An indication of these on a typical road cross section shall be sufficient. Layouts shall include proposed locations of streetlights and fire hydrants. If private utilities are proposed, they shall comply with all local, county and state regulations.

(16)

The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Board in the determination of floodway and flood hazard area limits.

(17)

Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way; land to be reserved or dedicated to public use, all lot lines and site easement lines, with accurate dimensions and bearings and radii, tangents, chords, arcs and central angles to all curves and all front, rear and side (or yard) setback lines.

(18)

All monuments in accordance with N.J.S.A. 46:26B-1 et seq., including all monuments found, monuments set, and monuments to be set, and an indication of monumentation found and reset.

(19)

Certificate of engineer or land surveyor as to accuracy of the details of the plat.

(20)

Lot and block numbers shown on the final plat shall conform to the Borough Tax Map (or proposed revisions thereof) and shall be obtained by the applicant's engineer from the Borough Engineer. Proposed house numbers shall also be obtained from the Borough Engineer and shall be shown encircled on the final plat, or on one of the attachments thereto. The Borough Engineer shall not affix his signature to the final plat unless the applicant has fully complied in this regard.

(21)

Subdivision names and street names shown on the final plat shall not be the same or similar to any name of any existing subdivision or street in the Borough and shall be approved by the Borough Engineer.

(22)

The location of areas dedicated for park and recreation facilities or common open space as approved by the Board.

(23)

Unless waived by the Board, a detailed plan setting forth the type and location of all traffic control and regulatory devices. This plan shall have been approved by, or, in the opinion of the Borough Engineer, be likely to be approved by, the New Jersey Department of Transportation. This plan shall be prepared in consultation with the Borough Engineer and the Borough Police Department and shall provide for all appropriate traffic control measures necessary for the health, safety, convenience and well-being of those occupying, or likely to occupy, the subdivision between final approval and final acceptance. This plan shall be accompanied by the formal request referred to in Subsection A of this section.

(24)

Such other information as the Board and/or Borough Engineer may request during review.

(25)

Sectionalization of final plats shall be in conformance with the sectionalization and staging plan, if any, approved with the preliminary plat.

Conditions of approval. Any approval of an application for development of a final plat of a major subdivision shall be subject to the following conditions being satisfied within a period of time specified by the Planning Board or Board of Adjustment, prior to the signing of the plat or issuance of a development permit:

(1)

Payment of any outstanding real estate, water and sewer charges.

(2)

Submission of additional prints of the plat map and attachments for distribution, if required.

(3)

Publication of a notice of the decision of the Board by the applicant within the time set forth in § 490-9F of this chapter.

(4)

Final Monmouth County Planning Board approval (if not previously obtained).

(5)

Final Red Bank Public Utilities Department approval (if not previously obtained).

(6)

Payment of the required reproduction and Tax Map revision fees.

(7)

Certification of soil erosion and sediment control plans (if not previously obtained).

(8)

Bureau of Fire Prevention approval (if not previously obtained).

(9)

Granting of state wetlands permit (if required).

(10)

Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey Department of Environmental Protection, where required.

(11)

Granting of a Coastal Area Facility Review Act (CAFRA) permit (where required).

(12)

Approval of any required riparian grants or licenses.

(13)

Granting of any required construction permits.

(14)

Posting of required performance guarantees.

(15)

Payment of required inspection fees.

(16)

Evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence indemnifying and saving harmless the Borough and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementation of the approved subdivision. The insurance policy shall provide for 10 days' notice to the Borough prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.

(17)

Any other conditions which may be imposed by the Board or may be required by federal, state or local law.

(18)

A condition setting forth the time within which all other conditions must be met as described in § 490-9G of this chapter.

Certification.

(1)

In the event that the application for development for a final plat of a major subdivision is approved, a certification to that effect in the following form shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Board by the applicant:

	Approved as a final plat of a major subdivision by Borough of Red Bank Planning Board (Board of Adjustment) on ______________.
	Attest:	Chairman
	Secretary	Date
	This plat must be filed in the office of the Clerk of Monmouth County on or before _______________, which date is 95 days after the date upon which this plat was signed.
		Secretary

(2)

Said original shall be signed by the Chairman and the Secretary of the Board and the Borough Engineer (as to the Map Filing Law[1] certification) after they receive a certification from the administrative officer that all conditions of approval have been satisfied. After signature, plat shall be reproduced as provided for in § 490-60 of this chapter, and the signed original shall be returned to the applicant for filing.

[1]

Editor's Note: See N.J.S.A. 46:26B-1 et seq.

Filing of approved plat. If the applicant desires to proceed with a subdivision for which final approval has been granted, he shall file with the county recording officer a plat map drawn in compliance with N.J.S.A. 46:26B-1 et seq., as amended and supplemented, within 95 days from the date upon which the plat was signed by the Planning Board Chairman and Secretary. The applicant shall, within one week after filing the subdivision with the county recording officer, notify, in writing, the Borough Engineer and Borough Tax Assessor of the date of filing of the subdivision with the county recording officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map indicating thereon the filing date shall be obtained from the county recording officer by the Borough, who shall distribute copies of the filed map to appropriate municipal officials. In the event the subdivider fails to so file within the period allowed, the approval of the plat shall expire unless, prior to expiration, such time is extended by the Board for a period not to exceed 95 days for good cause shown.

Applicant's rights upon approval. Approval of final plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-52 and § 490-7L(7) of this chapter.

Display of final plat. The subdivider or his agent shall keep a clear and legible copy of the approved final plat in plain view in a prominent location in his offices and/or sales rooms from which sales in the approved subdivision are made so that prospective purchasers may have the opportunity to learn the special conditions, if any, under which approval was given.

§ 490-67 Final plat of major site plan.

Required documents. Prior to issuance of a certificate of completeness or scheduling a hearing of a final plat of a major site plan for public hearing, the administrative officer shall determine that the following has been submitted in proper form:

(1)

Borough Engineer's report.

(2)

Application for state wetlands approval, if required.

(3)

Application for a stream encroachment permit, where required.

(4)

(5)

Other submittals that may be required by the Borough Engineer, Planning Board, Board of Adjustment or federal, state or local law.

(6)

Required application fees.

(7)

Fifteen copies of a plat and attachments meeting the requirements set forth below.

(8)

When required as set forth in § 490-137F, 490-139F, 490-141F or 490-145F of this chapter, five copies of an environmental impact report (EIR) meeting the requirements of § 490-90 of this chapter.

Plat requirements. The final plat shall include all data required for the preliminary plat of the major site plan and shall be drawn to incorporate all changes required as a condition of preliminary approval and shall be drawn by persons and to specifications as required for a preliminary plat and shall be titled "Final Plat — Major Site Plan."

Conditions of approval. Any approval of an application for development of a final plat of a major site plan shall be subject to the following conditions being satisfied, within a period of time specified by the Planning Board or Board of Adjustment, prior to signing of the plat or issuance of a development permit:

(1)

Payment of any outstanding real estate, water and sewer charges.

(2)

Submission of additional prints of the plat map and attachments for distribution, if required.

(3)

Publication of a notice of the decision of the Board by the applicant within the time set forth § 490-9F of this chapter.

(4)

Final Monmouth County Planning Board approval (if not previously obtained).

(5)

Final Red Bank Public Utilities Department approval (if not previously obtained).

(6)

Payment of the required reproduction and Tax Map revision fees.

(7)

Certification of soil erosion and sediment control plans (if not previously obtained).

(8)

Bureau of Fire Prevention approval (if not previously obtained).

(9)

Granting of state wetlands permit (if required).

(10)

Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey Department of Environmental Protection, where required.

(11)

Granting of a Coastal Area Facility Review Act (CAFRA) permit, where required.

(12)

Approval of any required riparian grants or licenses.

(13)

Granting of any required construction permit.

(14)

Posting of required performance guarantees.

(15)

Payment of required inspection fees.

(16)

Evidence of insurance.

(a)

Evidence of comprehensive general liability insurance in an amount not less than $300,000 per occurrence indemnifying and saving harmless the Borough of Red Bank and its agencies, employees and agents from any liability for any acts of the developer or his agents, contractors or employees in the implementing of the approved site plan. The insurance policy shall provide for 10 days' notice to the Borough prior to cancellation.

(b)

It shall be a violation of this chapter for any property owner, developer or builder to carry on the construction of the site without having current valid evidence of insurance on file.

(17)

Any other conditions which may be imposed by the Board or may be required by federal, state or local law.

(18)

A condition setting forth the time within which all other conditions must be satisfied as described in § 490-9G of this chapter.

Certification.

(1)

In the event that the application for development for a final plat of a major site plan is approved, a certification to that effect in the following form shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Board by the applicant:

	Approved as a final plat of a major site plan by the Borough of Red Bank Planning Board (Board of Adjustment) on __________.
	Attest:	Chairman
	Secretary	Date

(2)

Said original shall be signed by the Chairman and Secretary of the Board after they receive a certification from the administrative officer that all conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in § 490-60 of this chapter, and the original shall be returned to the applicant.

Applicant's rights upon approval. Approval of a final plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-52 and § 490-7L(7) of this chapter.

§ 490-68 Exempt development.

Required documents. In cases where a proposed exempt development requires Board of Adjustment action on an application for development for either the granting of a variance pursuant to N.J.S.A. 40:55D-70 or direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36, the administrative officer shall, prior to issuance of a certificate of completeness or scheduling of the application for development for public hearing before the Board of Adjustment, determine that the following has been submitted in proper form:

(1)

Required application fees.

(2)

Seven copies of a plot plan and/or other documents which clearly describe the basis for the variance being requested or the basis for direction for issuance of a building permit being requested.

(3)

Seven copies of an area map showing the tax lot and block numbers of all properties located within 200 feet of the property for which the application is being made.

(4)

Any other documents which the Board of Adjustment may request.

Conditions of approval. Any approval of an application for development by the Board of Adjustment or issuance of a development permit under this section shall be subject to the following:

(1)

The applicant obtaining a building permit, or certificate of occupancy where a building permit is not required, within a period of time specified by the Board of Adjustment. The approval shall expire and the development permit shall become invalid if the required permit is not obtained within the specified period.

(2)

Publication of a notice of the decision of the Board by the applicant within the time set forth in § 490-9F of this chapter.

(3)

Any other conditions which the Board of Adjustment may impose.