Borough of Fort Lee, NJ
Bergen County
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Table of Contents
Table of Contents
[1]
Editor's Note: Former § 365-15, Submission of sketch plat, was repealed 6-12-2003 by Ord. No. 2003-14. For current provisions, see Appendix A in Chapter 261, Land Use Procedures.
Each application for subdivision approval, where required pursuant to Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), shall be submitted by the applicant to the County Planning Board for review or approval, as required by the aforesaid section,s and the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
A. 
Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the Board exercising jurisdiction or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the Secretary of the Board as to the failure of the Planning Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
B. 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Municipal Planning Board shall condition any approval it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
C. 
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may be permitted by ordinance to accept a plat not in conformity with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of said Act.
D. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
E. 
If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat which will be returned to the subdivider for compliance with the procedures of this chapter for major subdivision approval.
[1]
Editor's Note: Former § 365-18, Submission of preliminary plat of major subdivision for tentative approval, was repealed 6-12-2003 by Ord. No. 2003-14. For current provisions, see Appendix A in Chapter 261, Land Use Procedures.
A. 
If the Planning Board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed subdivision complies with this chapter and N.J.S.A. 40:55D-1 et seq., grant preliminary approval to the subdivision.
B. 
Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board prior to the hearing to the following persons:
(1) 
Secretary of County Planning Board.
(2) 
Borough Engineer.
(3) 
Secretary of Board of Health.
(4) 
Such other Borough, county or state officials as directed by the Planning Board.
C. 
Upon the submission to the Secretary of the Board of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision.
Preliminary approval of a major subdivision pursuant to this chapter shall, except as provided in Subsection D hereunder, confer upon the applicant the following rights for a three-year period from the date of preliminary approval:
A. 
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; 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.
B. 
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.
C. 
That the applicant may apply for and the municipal agency 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.
D. 
In the case of a subdivision of an area of 50 acres or more, the municipal agency may grant the rights referred to in Subsections A, B and C above for such period of time, longer than three years, as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for thereafter and the municipal agency may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the municipal agency 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 comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
A. 
The final plat shall be submitted to the Municipal Clerk for forwarding to the Planning Board for final approval within three years from the date of preliminary approval. The Municipal Clerk shall immediately notify the Secretary of the Planning Board upon receipt of a final plat.
B. 
The original tracing, one translucent tracing cloth copy, two cloth prints, four black-on-white prints and three copies of the application form for final approval shall be submitted to the Secretary of the Planning Board at least five days prior to the date of a regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board.
C. 
The final plat shall be accompanied by a statement by the Municipal Engineer that he is in receipt of a map showing all utilities in exact location and elevation identifying those portions already installed and those to be installed and that the subdivider has complied with one or both of the following:
(1) 
Installed all improvements in accordance with the requirements of these regulations; or
(2) 
A performance guaranty has been posted with Borough Clerk in sufficient amount to assure the completion of all required improvements.
D. 
Where the applicant has complied with the provisions of this chapter and met the standards established by this chapter for final approval, conditions of preliminary approval and all standards prescribed by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), the Planning Board shall grant or deny final approval within 45 days after submission of a complete application to the Secretary of the Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the Secretary of the Board as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
E. 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
F. 
Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:
(1) 
Borough Engineer.
(2) 
Borough Clerk.
(3) 
Building Inspector.
(4) 
Tax Assessor.
(5) 
County Planning Board.
(6) 
Official issuing certificates for approved lots.
A. 
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 of final approval, provided that in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in 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 this chapter for the section granted final approval.
B. 
In the case of a conventional subdivision for 150 acres or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration 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; economic conditions; and the comprehensiveness of the development.
A. 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
B. 
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to this chapter. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to this chapter. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the Borough, the plat shall be expunged from the official records.
C. 
It shall be the duty of the County Recording Officer to notify the Planning Board in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
A. 
Whenever application for approval of a subdivision plat includes a request for relief pursuant to the Planning Board's power to hear certain variance applications as prescribed by ordinance and otherwise provided by law, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
B. 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
C. 
Whenever an application for development is made to the Board of Adjustment, accompanied by an application for subdivision approval pursuant to N.J.S.A. 40:55D-76 and Chapter 261, Land Use Procedures, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Board Secretary or within such further time as may be consented to by the applicant. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application and a certificate of the Secretary of the Board of Adjustment as to the failure of the Board of Adjustment to act shall be issued on request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
D. 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, the Municipal Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board or by its failure to report thereon within the required time.
E. 
An application under this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
A. 
The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B. 
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.
A. 
Whenever any application shall involve a request for subdivision approval and for variances pursuant to N.J.S.A. 40:55D-70(c) for relief from lot area requirements for more than one lot, the applicant shall be required to first submit the variance application to the Board of Adjustment in the manner prescribed in Chapter 261, Land Use Procedures. Upon receipt of notification by the applicant of approval of the variance application by the Board of Adjustment or approval by reason of failure of the Board of Adjustment to act within the time prescribed by law, the applicant shall file an application with the Secretary of the Planning Board for preliminary major subdivision approval pursuant to this chapter, and the applicant shall thereafter request that the Secretary of the Board of Adjustment forward to the Secretary of the Planning Board the record on the variance application. Said application before the Planning Board shall then be considered as a new application and shall be governed in the same manner in this chapter.
B. 
Nothing herein shall limit the power of the Board of Adjustment to condition the approval upon the obtaining of subdivision by the Planning Board.