Borough of Glen Rock, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 1-24-1977 by Ord. No. 852 (Ch. XXIV of the 1971 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 23.
Uniform construction codes — See Ch. 90.
Fees — See Ch. 101.
Flood damage prevention — See Ch. 112.
Sewers — See Ch. 171.
Solid waste — See Ch. 184.
Streets and sidewalks — See Ch. 188.
Zoning — See Ch. 230.
This chapter shall be known as the "Subdivision and Site Plan Ordinance of the Borough of Glen Rock."
The purpose of this chapter is to provide rules, regulations and standards to guide land subdivision and the development of land in the Borough in order to promote its public health, safety, convenience and general welfare. It shall be administered to ensure orderly growth and development, conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
As authorized by N.J.S.A. 40:55D-37, the provisions of this chapter shall be administered by the Planning Board, provided that whenever, pursuant to law or ordinance, the Board of Adjustment has jurisdiction to grant the plan or subdivision approval, then the applicable provisions of this chapter shall be administered by the Board of Adjustment.
This chapter shall not be construed to repeal Chapter 230, Zoning, or any part thereof. All other ordinances which are inconsistent with the provisions of this chapter shall be deemed superseded to the extent of such inconsistency.
Certain words and terms in this chapter shall be given the following meanings:
ADMINISTRATIVE OFFICER
The person with whom applications for development are filed pursuant to this chapter. The administrative officer for the Board of Adjustment shall be the Clerk to the Board of Adjustment. The administrative officer for the Planning Board shall be the Clerk to the Planning Board.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit for construction within the bed of a mapped street or for construction of a structure not having access or not related to a street.
BUILDING PERMIT
A certificate issued by the Construction Code Official for the construction, reconstruction, remodeling, alteration or repair of a building upon approval of the submitted application and plans.
CERTIFICATE AS TO APPROVAL OF SUBDIVISION OF LAND
A certificate issued by the proper administrative officer of the Borough certifying:
A. 
That there is in the Borough a duly established Planning Board.
B. 
That there is in the Borough an ordinance controlling the subdivision of land.
C. 
Whether a subdivision has been approved by the Planning Board for the land designated in the application for such certificate and, if so, the date of such approval and any extensions and terms thereof.
CERTIFICATE OF USE AND OCCUPANCY
A certificate issued by the Construction Code Official upon completion of the construction of a new building or addition or upon a change in the occupancy of a building other than a dwelling unit as defined in this chapter which certifies that all requirements of this chapter or such adjustment therefrom which has been granted by the Board of Adjustment have been met and that the purpose for which a building or land is to be used is in conformance with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.
[Amended 9-28-1997 by Ord. No. 1291]
DAYS
Calendar days.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to this chapter.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGEWAY
The lands required for the installation of stormwaters, sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1-1 to 58:1-34.[1]
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey, and in an administrative proceeding before a municipal agency, any person, whether residing within or without the Borough, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any law of this state or of the United States have been denied, violated or infringed by an action or a failure to act hereunder.
LOADING SPACE
Any off-street space available for the loading or unloading of goods and having direct usable access to the street or alley.
LOT
A parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds for the purpose of sale, lease or separate use.
LOT AREA
The area of a lot expressed in square feet or acres. Any portion of a lot included within the right-of-way lines of a street (improved or unimproved), street easement or street dedication shall not be included in calculating the lot area. Any portion of a lot included within easement lines, right-of-way lines or dedicated for utilities, access or public use other than streets, as above, shall be included in calculating the lot area.
[Amended 3-24-2004 by Ord. No. 1466]
MAINTENANCE GUARANTY
Any security which may be accepted by the Borough for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.
[Amended 9-28-1997 by Ord. No. 1291]
MAJOR SITE PLAN
Any site plan not classified as a minor site plan.
[Added 12-16-2009 by Ord. No. 1614]
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MASTER PLAN
A composite of the mapped and written proposals recommending the physical development of the Borough, which shall have been duly adopted by the Planning Board.
MINOR SITE PLAN
A development plan of a lot where only changes to the parking area are proposed including striping, dumpster location, fencing, location of handicapped parking, curbing, etc. Also changes to use which intensifies the parking requirement. Classification as a minor site plan is at the discretion of the Zoning Official.
[Added 12-16-2009 by Ord. No. 1614]
A. 
Any subdivision that does not involve:
(1) 
The creation of more than five lots;
(2) 
A planned development;
(3) 
Any new street; or
(4) 
An extension of any off-tract improvement.
B. 
In all instances not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Chapter 230, Zoning, or this chapter.
MULTIFAMILY HOUSING DEVELOPMENT
A building containing three or more dwelling units, occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
[Added 3-28-1994 by Ord. No. 1227; amended 11-14-1994 by Ord. No. 1238]
OFF-SITE
Located outside the lot lines of the lot in question but within the property of which the lot is a part, which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OWNER
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this or any other ordinance.
PARKING SPACE
An off-street space available for the parking of a motor vehicle, provided that such space shall have a minimum width of 10 feet and a minimum depth of 20 feet, exclusive of maneuvering areas, passageways, driveways and loading spaces appurtenant thereto.
PARTY IMMEDIATELY CONCERNED
Any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under this chapter.
PERFORMANCE GUARANTY
Any security which may be accepted by the Borough, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.
[Amended 9-28-1997 by Ord. No. 1291]
PLANNING BOARD
The Planning Board of the Borough of Glen Rock.
PLAT
The map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
Rights conferred pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision, which is submitted to the secretary of the Planning Board for its consideration and tentative approval and meeting the requirements of § 192-10C of this chapter.
RECYCLING AREA
Space allocated for collection and storage of source-separated recyclable materials.
[Added 3-28-1994 by Ord. No. 1227; amended 11-14-1994 by Ord. No. 1238]
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.
C. 
Any other information required by this chapter that may be reasonably required in order to make an informed determination pursuant to this chapter.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway; or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action; or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
A. 
Those which are used primarily for fast or heavy traffic.
B. 
Those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
C. 
Those which are used primarily for access to the abutting properties.
D. 
Those which are parallel with and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
E. 
Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or herself or for another.
A. 
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
(1) 
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairperson to be for agricultural purposes, where all resulting parcels are five acres or larger in size.
(2) 
Divisions of property by testamentary or intestate provisions.
(3) 
Divisions of property upon court order.
(4) 
Conveyances so as to combine existing lots by deeds or other instrument.
B. 
The term "subdivision" shall also include the term "resubdivision."
[1]
Editor's Note: Said N.J.S.A. 58:1-1 et seq. was repealed by the Laws of 1945, Chapter 22, the Laws of 1979, Chapter 359, and the Laws of 1981, Chapter 262. See now N.J.S.A. 58:1A-1 et seq. For the specific disposition of the subject matter of these sections, see the Table included in N.J.S.A. 58:1-1.
A. 
Minimum requirements. The rules, regulations and standards contained in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken by the Planning Board or the Board of Adjustment under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community.
B. 
Variances permissible. If the subdivider or site plan applicant or his or her agent can clearly demonstrate that because of peculiar conditions pertaining to this land the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Planning Board may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
No person shall sell or agree to sell any land which forms part of a subdivision as defined in this chapter until final approval of such subdivision has been obtained pursuant to this chapter.
A. 
Permit for new building. No building permit shall be issued for a new building unless a site plan shall have first been approved by the Planning Board or the Board of Adjustment in accordance with the terms of this chapter.
B. 
Permit for addition to existing building. No building permit shall be issued for an addition to an existing building unless a site plan shall have first been approved by the Planning Board or the Board of Adjustment in accordance with the terms of this chapter.
C. 
Certificate of occupancy. No certificate of occupancy shall be issued for any new building for any addition to an existing building or for any change in use, ownership or occupancy of a building if under Chapter 230, Zoning, a greater number of parking spaces would be required for such new use or occupancy, unless the building and its appurtenances conform in all respects to an approved site plan or an approved amendment to an approved site plan.
D. 
Exception. Notwithstanding the provisions of Subsections A, B and C of this section, no site plan approval shall be required prior to the issuance of a building permit for any new building or addition to an existing building or, prior to the issuance of a certificate of occupancy for any building or addition, if such building or addition is used or shall be used solely as a single-family or two-family dwelling or as an accessory thereto.
E. 
Waiver of site plan.
[Added 3-14-2018 by Ord. No. 1780]
(1) 
The Planning Board may waive site plan approval requirements if i) the construction or alteration or change of use does not affect existing traffic circulation, drainage, relationship of buildings to each other or to the parking area, landscaping, buffering, lighting, parking requirements and other considerations of site plan review or if any such changes are deemed to be de minimis and ii) there is an accurate, approved site plan or existing conditions plan or as-built drawings on file. In order to request such a waiver, the applicant must submit an application for development and pay the application fee of $100 and appropriate escrows. The applicant shall include with such application such plans and other documentation as the Planning Board may require to make its determination. Any waiver that is granted may be on the condition that the applicant provide additional information or as-built drawings and comply with any requirements of the Planning Board Engineer. Notwithstanding that a waiver may be granted, the provisions of Subsection 4-41 of the Zoning Ordinance shall remain applicable.[1] No public notice shall be required for the waiver application.
[1]
Editor's Note: So in original.
(2) 
The site plan approval requirements may also be waived by the Zoning Officer, if the Zoning Officer determines that i) the change in use is a change from one permitted use to another permitted use, ii) there is no increase in the parking requirements pursuant to the Glen Rock Zoning Ordinance, Chapter 230, or the existing site has enough parking spaces to meet the parking requirements of the Zoning Ordinance, and iii) there is an accurate, approved site plan, existing conditions plan, or as-built drawings on file.
[Amended 9-28-1997 by Ord. No. 1291; 5-25-2005 by Ord. No. 1502; 12-16-2009 by Ord. No. 1614]
For a minor subdivision, the procedure shall be as follows:
A. 
Application data to identify owners and property. An application shall be submitted to the proper administrative officer, in writing, in duplicate, on forms supplied by the Planning Board, furnishing pertinent data such as names and addresses of the owner, agent and engineer and identification of the property involved.
B. 
Specifications. The application shall be accompanied by 15 copies of a plan of the proposed subdivision accurately drawn to a scale of not less than one inch equals 100 feet, certified by a licensed land surveyor. All designs shall be done by a licensed professional engineer. The plan shall be of a size acceptable to the County Clerk for filing and shall indicate:
(1) 
The location of the lots to be created in relation to the entire tract.
(2) 
All existing structures and wooded areas within the subdivision and within 200 feet thereof.
(3) 
The name of the owner and of all adjoining property owners as disclosed by the most recent Borough tax records.
(4) 
The tax map sheet, zone district, block and lot numbers.
(5) 
All streets and streams within 500 feet of the subdivision. Both the width of paving and the width of rights-of-way shall be shown for streets.
(6) 
The area in square feet of all lots to be created.
(7) 
A key map showing the entire subdivision and its relation to surrounding areas.
(8) 
Easements, covenants, streets, buildings, watercourses, railroads, bridges, culverts, drainpipes, rights-of-way and drainage easements.
(9) 
Any variance or variances required.
(10) 
Acreage of the entire parcel to be subdivided.
(11) 
The date, north arrow and scale.
(12) 
If regrading of the site other than in the foundation area of any proposed buildings or within 10 feet is to be done, a map showing existing and proposed contours at contour intervals of two feet may also be required to be submitted before the plat is classified.
C. 
Time limit for receipt of application. The Planning Board shall require receipt of an application 10 days prior to the meeting at which action is to be taken on such application.
D. 
Approval. Upon receipt of a completed application, the Board shall, within the time periods prescribed by this chapter, approve or conditionally approve the subdivision without the necessity of full notice and hearing, classify the subdivision as a major subdivision or disapprove the subdivision. The Board may, in addition to any other conditions which the Board may deem necessary in order to carry out the purposes of this chapter, require as a condition for minor subdivision approval that the applicant shall install such improvements required by § 192-12 of this chapter as the Board, in accordance with the law, shall deem necessary. Such improvements shall be in accordance with the standards set forth in § 192-13, and performance guaranties may be required in accordance with § 192-15.
E. 
Distribution of copies of minor subdivision plat. Before the administrative officer returns any approval of the minor subdivision plat to the subdivider, sufficient copies shall be sent to:
(1) 
The Borough Clerk.
(2) 
The Borough Engineer.
(3) 
The Construction Code Official.
(4) 
The Tax Assessor.
(5) 
The Borough Zoning Officer.
A. 
Site plan and major subdivision procedure. For preliminary approval of a major subdivision or site plan, the procedure shall be as follows:
(1) 
An application shall be submitted to the proper administrative officer, in writing and in duplicate, on forms supplied by the Planning Board, furnishing pertinent data such as names and addresses of the owner, agent and engineer and identification of the property involved.
(2) 
The application shall be accompanied by 10 copies of a preliminary plat of the proposed subdivision of the site plan, accurate and to scale as to boundaries, existing features and proposed features. The accuracy of the boundaries and existing features shall be certified by a licensed land surveyor. All design shall be done by a licensed professional engineer. The details of the plat shall be in conformity with Subsection B of this section.
(3) 
Simultaneously with filing the application, copies of the preliminary plat shall be forwarded by the applicant to the following persons:
(a) 
The Borough Engineer.
(b) 
The Board of Health.
(c) 
The Chief of Police.
(d) 
The Division of Public Works.
(e) 
The Fire Prevention Bureau.
(f) 
The Shade Tree Advisory Committee.
(g) 
The Construction Code Official.
(h) 
The Borough Zoning Officer.
[Added 5-25-2005 by Ord. No. 1502]
(i) 
Glen Rock Environmental Commission.
[Added 3-9-2011 by Ord. No. 1638]
(4) 
The applicant shall produce proof by affidavit of the date such copies were sent. The persons and Board may make recommendations, in writing, to the Board within 30 days after service of the preliminary plat upon them. The Board shall take the recommendations into account, but shall have the authority to proceed in the absence of such recommendations or to disregard or modify such recommendations. Copies of all recommendations shall be sent to the applicant by the recommending professionals and the Boards.
(5) 
Upon receipt of a completed application, the Planning Board shall schedule a public hearing. The applicant shall thereupon give notice of such hearing in accordance with the requirements of any ordinance of the law.
B. 
Site plan and major subdivision plat details.
(1) 
Preliminary plat requirements. The preliminary plat of a site plan or subdivision shall contain the following:
(a) 
Date. All revisions to be noted and dated.
(b) 
Key map. A key map showing the location of the tract with reference to surrounding properties and existing street intersections.
(c) 
Title of development. The title of the development, north arrow, scale, block and lot number, the name and address of the record owner, the name and address, license number and seal of the person preparing the plat. If the owner of the premises is a corporation, the name and address of the president and secretary shall be submitted with the application.
(d) 
Scale map. A scale of not less than one inch equals 100 feet. All distances shall be in feet and decimals of a foot, and all bearings shall be given to the nearest second.
(e) 
Property owners. The names, as shown on the current tax records of all owners of the property within 200 feet of the subdivision, together with the block and lot numbers of the property.
(f) 
Zoning district. The zoning district in which the parcel is located, together with zone boundaries included within the boundaries of the parcel or within 200 feet therefrom.
(g) 
Survey data. Survey data showing boundaries of the property, building or setback lines and lines of existing and proposed streets, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way.
(h) 
Covenants; deed restrictions. Reference to any existing or proposed covenants, deed restrictions or exceptions covering all or any part of the parcel. A copy of such covenants, deed restrictions or exceptions shall be submitted with the application.
(i) 
Distances to public intersections. The distances, measured along the right-of-way lines of existing streets abutting the property, to the nearest intersections with other public streets.
(j) 
Existing structures. The location of existing buildings and all other structures, including walls, fences, culverts and bridges, with spot elevations of such buildings and structures. Structures which are to remain or which are to be removed shall be clearly indicated.
(k) 
Storm drainage structures; utility lines. The location of all existing and proposed storm drainage structures and utility lines, whether publicly or privately owned, with pipe sizes, grades and direction of flow, locations of inlets, manholes or other appurtenances and appropriate invert and other elevations. If any existing utility lines are underground, the estimated location of such utility line shall be shown.
(l) 
Contours. Existing and proposed contours, referred to United States Coast and Geodetic datum, with a contour interval of one foot for slopes of less than 10% and an interval of two feet for slopes of more than 10%. Existing contours shall be indicated by dashed lines and proposed contours shall be indicated by solid lines.
(m) 
Existing features. The location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant existing features, including previous flood elevations of watercourses, ponds and marsh areas, as determined by survey.
(n) 
Proposed streets. All proposed streets, with profiles, indicating grading and cross-sections showing the width of the roadway, the location and width of curbs, if any, and the location and size of utility lines conforming to the standards and specifications of the Borough.
(o) 
Existing water- and sewer lines. The location of all existing and proposed waterlines, valves and hydrants and all sewer lines or alternative means of water supply or sewage disposal and treatment.
(p) 
Existing and proposed stormwater drainage system. All site plans and major subdivisions shall be accompanied by a plan sketch showing all existing drainage within 500 feet of any boundary and all areas such as paved areas, grassed areas, wooded areas and any other surface area contributing to the calculations and showing methods used in the drainage calculations.
(q) 
Acreage. Acreage, to the nearest tenth of an acre, of tract to be subdivided and the area, in square feet, of all lots.
(r) 
Monuments. Positions of existing and proposed monuments.
(s) 
Open spaces. Open spaces, if any, to be dedicated for public parks or playgrounds or other public use and the location and use of all property reserved for the common use of all property owners.
(t) 
Soil percolation tests. Soil percolation tests or soil log tests, or both, as required by the Board of Health.
(u) 
Other information. Such other information or data as may be required by the Planning Board or the County Planning Board for determination that the details of the subdivision are in accordance with the standards of this chapter and all other ordinances of the Borough and all other applicable laws, ordinances or resolutions.
(2) 
Additional requirements. In addition to the requirements of Subsection B(1) of this section, the preliminary plat of a site plan shall contain the following:
(a) 
Use of land; buildings. The proposed use or uses of land and buildings, together with the floor space of all buildings and the estimated number of employees. If the precise use of the building is unknown at the time of application, an amended plan showing the proposed use shall be required prior to issuance of a certificate of occupancy.
(b) 
Vehicular access. The means of vehicular access for ingress and egress from the site, showing in particular the size and location of driveways and curb cuts; walkways; the proposed traffic channels, if any; additional width, if any; and any other means of controlling vehicular and pedestrian traffic.
(c) 
Off-street parking. The location and design of any off-street parking areas or loading areas showing the size and location of bays, aisles and barriers.
(d) 
Illumination. The location, direction of illumination, power and hours of operation of existing and proposed outdoor lighting.
(e) 
Signs. The location and elevation plan of existing and proposed signs.
(f) 
Buffer area. The location and dimensions of the proposed buffer area.
(g) 
Landscaping. The proposed screening, landscaping and planting plan.
(h) 
Recycling plan. A proposed recycling plan in accordance with § 192-14R.
[Added 3-28-1994 by Ord. No. 1227; amended 11-14-1994 by Ord. No. 1238]
C. 
Effect of preliminary approval. Preliminary approval of a major subdivision or of a site plan shall, except as provided in Subsection C(4) of this subsection, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1) 
Use requirements; design standards. The general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements for preservation of existing natural resources, for safe and efficient vehicular and pedestrian circulation, parking and loading, for screening, landscaping and location of structures and for exterior lighting; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(2) 
Submission for final approval. 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.
(3) 
Extensions on preliminary approval. The applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
(4) 
Areas of 50 acres or more excepted.
(a) 
In the case of a subdivision or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection C(1), (2) and (3) of this section for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration:
[1] 
The number of dwelling units and nonresidential floor area permissible under preliminary approval.
[2] 
Economic considerations.
[3] 
The comprehensiveness of the development.
(b) 
The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration:
[1] 
The number of dwelling units and nonresidential floor area permissible under preliminary approval.
[2] 
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval.
[3] 
Economic conditions.
[4] 
The comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
A. 
Site plan and major subdivision procedure. For final approval of a major subdivision or site plan, the procedure shall be as follows:
[Amended 10-29-1984 by Ord. No. 1029]
(1) 
Submission to administrative officer. The plat of a subdivision and an application for final approval, in duplicate and in a form approved by the Board, shall be submitted to the proper administrative officer, together with the fee required by ordinance.[1]
[1]
Editor's Note: See Ch. 101, Fees.
(2) 
Copies of plat. The original cloth tracing and five white prints, blue or black on white, of the plat of a subdivision shall accompany the application. No final plat shall be required for a site plan.
(3) 
No substantial difference from preliminary plat. The plat of a subdivision shall not differ substantially from the preliminary plat as approved.
(4) 
Scale drawing of final plat. The final plat of a subdivision shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 100 feet and in compliance with all the provisions of the Map Filing Law, N.J.S.A. 46:23-1 et seq.,[2] and with the plat details contained in Subsection B of this section.
[2]
Editor's Note: N.J.S.A. 46:23-1 through 46:23-9.6 were repealed by L. 1953, c. 358. See now N.J.S.A. 46:23-9.7 et seq.
(5) 
Record of submission date. The administrative officer shall make a record of the date of submission of the final plat and application to him or her and shall forthwith transmit the final plat and application to the Planning Board.
(6) 
Conditions for final approval. Prior to final approval, the Board, upon the advice of the Borough Engineer, shall determine:
(a) 
The nature of the improvements to be required as a condition of final approval.
(b) 
The estimated value of the improvements installed or to be installed in accordance with this chapter.
(c) 
The nature and amount of performance guaranties, if any, to be required as a condition to final approval.
(d) 
The amounts to be deposited to reimburse the Planning Board and Borough for costs incurred or to be incurred for legal, engineering and other consultant reports, for recording fees and for any other costs anticipated by the Board.
(e) 
Any other conditions upon which final approval shall be granted.
(7) 
Additional requirements for approval. Prior to final approval, the applicant shall submit to the Board:
(a) 
A developer's agreement, prepared by the Board attorney, setting forth the obligations of the applicant in connection with the final approval.
(b) 
A performance guaranty, in a form satisfactory to the Board and Borough, complying with this chapter and guaranteeing performance of the developer's agreement.
(c) 
Maintenance guaranties, if any, for work completed prior to final approval.
(d) 
Deeds for any easements, rights-of-way or public lands in a form satisfactory to the Board attorney.
(e) 
Funds to be deposited to reimburse the Board for costs incurred or to be incurred for legal, engineering and other consultant reports, for recording fees and for any other costs anticipated by the Board.
(f) 
Evidence of compliance with any other conditions imposed by the Board.
(g) 
Single-family attached dwellings. Prior to approval of any site plan for the erection of a townhouse within the A-2T Residence District, the Planning Board shall find the following facts and conclusion:
[1] 
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the standards of Chapter 230, Zoning, pursuant to N.J.S.A. 40:55D-65.
[2] 
That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.
[3] 
That provision through the physical design of the proposed development for public services control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
[4] 
That the proposed development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
[5] 
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
(8) 
Time limit. Within 45 days after submission of a complete application to the proper administrative officer or within such further time as may be agreed to by the applicant, but in no event less than the thirty-day reporting period within which the County Planning Board may act, the Planning Board shall approve, conditionally approve or disapprove the final plat and report such action, whether it be approval, conditional approval or disapproval, to the Borough Council. In case of approval, the final plan shall be so certified. The applicant shall be notified of the Board's action and the reasons therefor.
(9) 
Copies of approved final plat. Upon final approval by the Planning Board and after all required signatures are placed on the original tracing, the administrative officer shall request the applicant's engineer to have one cloth print and one Mylar reproducible and 10 copies made of such final plat and a file copy thereof with each of the following:
(a) 
The Secretary of the Board.
(b) 
The Engineer of the Board.
(c) 
The Construction Code Official.
(d) 
The Tax Assessor.
(e) 
The Borough Clerk.
(f) 
The Board of Health.
(g) 
The Superintendent of Public Works.
(h) 
The Shade Tree Advisory Committee.
(i) 
The Borough Zoning Officer.
[Added 5-25-2005 by Ord. No. 1502]
(j) 
Glen Rock Environmental Commission.
[Added 3-9-2011 by Ord. No. 1638]
B. 
Site plan and major subdivision plat details. The final plat of a subdivision shall contain the following:
(1) 
The date, name and location of the subdivision, the name of the owner, the graphic scale and the reference meridian.
(2) 
The tract boundary lines, rights-of-way, lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public sale, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves and area of each lot.
(3) 
The names, exact locations and widths of all existing and recorded streets intersecting or paralleling the plot boundaries within a distance of 200 feet.
(4) 
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proper use of the site other than residential shall be noted.
(5) 
The lot, block and street numbers as approved by the Borough Engineer, including lot and block numbers of abutting property.
(6) 
The minimum building setback line on all lots and other sites.
(7) 
The location and description of all monuments.
(8) 
The names and owners of adjoining unsubdivided land.
(9) 
Certification by a surveyor as to the accuracy of the details of the plot.
(10) 
Certification that the applicant is the agent or owner of the land or that the owner has given consent under an option agreement.
(11) 
When approval of a plat is required by any other officer or body of a municipality, county or state, such approval shall be certified on the plat or evidence shall be submitted that an application has been made for such approval.
(12) 
Proposed final grades of all streets shall be shown to a scale of one inch equals five feet vertical and one inch equals 50 feet horizontal, on sheets 24 inches by 36 inches. Drawings shall include both plans and profiles and shall show elevations of all monuments referred to the United States Coast and Geodetic Survey level bench marks, and such elevations shall be shown in feet and hundreds of feet.
(13) 
The plans and profiles of storm and sanitary sewers and water mains.
(14) 
A certificate from the Tax Collector that all taxes are paid to date.
(15) 
Written proof that the land set aside or shown for easement, public use or streets is free and clear of all liens and encumbrances.
C. 
Site plan and major subdivision; as-built plans.
(1) 
After installation of the improvements required by this chapter, the subdivider or applicant for site plan approval shall cause to be prepared, signed and sealed by a licensed professional engineer or land surveyor the following:
(a) 
Contours; location. Plans showing:
[1] 
The contours at two-foot intervals for lands having slopes averaging 10% or greater and at one-foot intervals for lands of lesser average slopes of the land as finally graded; and
[2] 
The location, as built, of all improvements required by this chapter, including, without intending to limit the generality hereof, the location of water mains, gas mains and underground supply lines for light, power and telephone service and all of their appurtenances.
(b) 
Profiles. Profiles, as built, of streets, storm sewers and sanitary sewers and their respective appurtenances.
(c) 
Cross sections. Cross sections, as built, of streets.
(2) 
The plans, profiles and cross sections required by this subsection shall be hereinafter referred to as "as-built plans."
A. 
Required improvements.
(1) 
On-site and off-site improvements. The subdivider or site plan applicant shall provide for the ultimate installation of the following on-site and off-site improvements.
(a) 
Pavement of streets. The pavement of streets or portions thereof in accordance with the standards approved by the Municipal Engineer.
[Amended 9-28-1997 by Ord. No. 1291]
(b) 
Signs. Approved street signs.
(c) 
Curbs. Curbs and gutters.
(d) 
Topsoil. No topsoil shall be removed from the site or used as soil except in accordance with the provisions of the soil ordinance[1] of the Borough. All replaced or redistributed topsoil shall be stabilized by seeding, planting or such other method as may be specified in the soil-moving permit to ensure that it will remain in place and free from erosion.
[1]
Editor's Note: See Ch. 180, Soil Removal.
(e) 
Monuments. Monuments shall be of the size and shape required by N.J.S.A. 46:23-9.11 and shall be placed in accordance with such statute.
(f) 
Utilities. Utilities, including sewage disposal systems, storm drains and culverts, water and gas mains and electrical supply lines for light, power and telephone service, hydrants and connections thereof with approved existing and proposed systems.
(g) 
Shade trees. Shade trees shall be located on the street line so as not to interfere with the utilities or sidewalks and shall be of the type approved by the Shade Tree Commission.
(h) 
Suction point for fire apparatus. Where public water supply is not available and where a natural pond or stream in or adjacent to the subdivision will permit, an approved suction point for fire apparatus may be required.
(i) 
Underground utility lines. For all major subdivisions, the subdivider shall arrange with any serving utility for the underground installation of all utility distribution supply lines and service connections, in accordance with the provisions of the applicable standards, terms and conditions incorporated as part of its tariffs as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and shall submit to the Planning Board prior to the granting of final approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection, provided that lots in the subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the streets involved may be supplied with electric and telephone service from such overhead lines, but the service connections from the utilities overhead lines shall be installed underground. The location of access facilities for servicing the utility in the proposed subdivision shall be developed in conjunction with and as part of the complete subdivision plan.
(j) 
Recycling plan. The proposed recycling plan in accordance with § 192-14R of this chapter.
[Added 3-28-1994 by Ord. No. 1227; amended 11-14-1994 by Ord. No. 1238]
(2) 
Off-tract water, sewer, drainage and street improvements. The subdivider or site plan applicant shall, at his or her own cost, provide for the ultimate installation of all off-tract water, sewer, drainage and street improvements and easements therefor required by the Planning Board in connection with the subdivision or site plan if such off-tract improvements:
(a) 
Are wholly made necessary by the subdivision or site plan or the improvement therein; and
(b) 
Do not confer material benefits on any land other than the land within the subdivision or site plan.
(3) 
Costs of improvements. The subdivider or site plan applicant shall provide for payment of his or her proportionate share, allocated in accordance with this chapter, of the cost of the ultimate installation of all off-tract water, sewer, drainage and street improvements and easements therefor required by the Planning Board in connection with the subdivision or site plan if such off-tract improvements:
(a) 
Are wholly or partially made necessary by the subdivision or site plan or the improvements thereon; and
(b) 
Confer benefits on lands other than those within the subdivision or site plan.
(4) 
Landscaping; parking areas.
(a) 
In addition to the improvements set forth in Subsection A(1), (2) and (3) of this section, a site plan applicant shall, upon the conditions delineated by the Planning Board, provide for the ultimate installation, prior to the issuance of a certificate of occupancy, of the following:
[1] 
Buffer landscaping and foundation plantings.
[2] 
On-site paved parking areas and all appurtenant curbs, islands, lighting and driveway.
[3] 
Fencing and screening.
[4] 
On-site lighting.
[5] 
On-site pedestrianways.
(b) 
All such improvements shall meet the design standards of this chapter.
B. 
Improvements; inspection. All of the improvements installed by a subdivider or site plan applicant shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the subdivider or site plan applicant at least 24 hours prior to the start of construction. No underground installation shall be covered until so inspected and approved.
A. 
Compliance required. The subdivider shall observe the requirements and principles of land subdivision in the design of each subdivision or portion thereof as hereinafter set forth in this section.
B. 
General standards. The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough. Natural features such as forested areas, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision or site plan containing such features. Where an Official Map or Master Plan, or both, has or have been adopted, the subdivision shall conform to the proposals and conditions shown hereon. The streets, drainageways, school sites, flood-control basins, public parks and playgrounds and other public areas shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats. Where no Master Plan or Official Map exists, streets and drainages shall be shown on the final plat in accordance with N.J.S.A. 40:56D-44 and shall be such as to lend themselves to the harmonious development of the Borough and to enhance the public welfare in accordance with the design standards set forth in Subsection C through G of this section.
[Amended 2-8-2006 by Ord. No. 1519]
C. 
Streets.
(1) 
The arrangements of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
(2) 
Minor streets shall be so designed as to discourage through traffic.
(3) 
Subdivisions abutting arterial streets shall provide a marginal service road or reserved frontage with a buffer strip for planting or some other means of separation of through and local traffic as the Planning Board may determine to be appropriate.
(4) 
Right-of-way widths measured from the street center line to the lot line shall not be less than specified in the Master Plan or Official Map, but in no event shall any street width be greater than 50 feet unless such street constitutes an extension of an existing street of greater width or already has been shown on the Master Plan at the greater width or already has been shown in greater width on the Official Map.
(5) 
No subdivision that shows reserved strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the Council under conditions approved by the Planning Board.
(6) 
Grades on all streets shall not exceed 10%. No street shall have a minimum grade of less than 1%.
(7) 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 70°. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet.
(8) 
Street jogs with center line offsets of less than 125 feet shall be prohibited.
(9) 
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
(10) 
When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
(11) 
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
(12) 
Include dead-end streets only when unavailable. A cul-de-sac shall be no longer than four times the required lot width to create lots of minimum area as specified in Chapter 230, Zoning, for the district in which it is located. On each cul-de-sac, a turnaround having an outside radius of at least 50 feet or satisfactory equivalent turning area shall be provided. The provisions of this subsection may be waived by the Planning Board if the subdivider cannot feasibly develop the tract without exceeding the length requirements of dead-end streets under this subsection. On each cul-de-sac, the developer shall incorporate landscaped islands and cul-de-sacs with flush curbs and vegetated swales and/or vegetated filter strips.
[Amended 2-8-2006 by Ord. No. 1519]
(13) 
No street shall have a name which will duplicate or be likely to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
(14) 
Provisions of half streets, except to complete existing half streets, shall be prohibited.
(15) 
Access by streets shall be provided for all lots in the subdivision and adjacent streets to the limits of the subdivision.
(16) 
All streets shall be designed so as to limit on-street parking to allow for narrower paved widths, where appropriate.
[Added 2-8-2006 by Ord. No. 1519]
D. 
Blocks.
(1) 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of the lot required in the area by Chapter 230, Zoning, and to provide for the convenient access, circulation control and safety of street traffic.
(2) 
In blocks over 1,000 feet long, pedestrian walkways may be required in locations deemed necessary by the Planning Board. Each walkway shall be 10 feet wide and be straight from street to street.
(3) 
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
E. 
Lots.
(1) 
Lot dimensions and area shall not be less than the requirements of Chapter 230, Zoning.
(2) 
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
(3) 
Each lot shall front upon an approved street at least 50 feet in width.
(4) 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
(5) 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formation, flood conditions, inadequate sod-bearing capacity, high water table or relative impermeability of soil which may result in unsatisfactory sewage disposal or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.
F. 
Public use and service areas.
(1) 
Easements along property lines or elsewhere for utility installation may be required. Such easements shall be at least 10 feet wide and shall be located in consultation with the companies or Borough departments concerned.
(2) 
Where a subdivision is traversed by a watercourse, drainageway channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.
(3) 
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
G. 
Utilities; design standards, inspections and approvals.
(1) 
All storm drains and culverts and all sewage disposal systems and installations, both individual and public, shall meet the standards prescribed by and be approved by the Borough and engineering authorities having jurisdiction thereof.
(2) 
All utilities and installations connected with systems maintained and controlled by privately owned public utilities shall meet the standards for underground installation prescribed by and be approved by the public utilities and by the Borough Engineer.
A. 
Planning Board to be guided by applicable standards. In reviewing site plans, the Planning Board and all advisory boards and professional advisers shall be guided by the standards set forth in this section and in § 192-13 when applicable.
B. 
Driveways and accessways. There shall be adequate provisions for ingress and egress to all parking spaces. Access drives or driveways shall be no less than 12 feet wide for ingress or egress and 25 feet wide for both ingress and egress. No driveway or access drive shall be closer than 25 feet to the street lot lines of any two intersecting streets. Pervious paving materials shall be permitted to be used in order to permit stormwater runoff and to promote groundwater recharge.
[Amended 2-8-2006 by Ord. No. 1519]
C. 
Buffer strips. The site plan shall indicate buffer strips and planting strips as required by this chapter. In the event that the Planning Board shall determine that additional buffer strips or planting strips are required to protect public areas or neighboring properties from adverse effects of the proposed building or addition, the Board may require such additional buffer or planting strips. Buffer areas may be used for stormwater management by disconnecting impervious services and treating runoff from these impervious surfaces. The Shade Tree Advisory Committee may recommend landscaping and foundation planting which shall ensure the attractiveness of premises subject to this chapter and the protection of soil thereon. The recommendations shall require, however, that, where applicable, natural vegetation shall be incorporated within all buffer and planting strips.
[Amended 2-8-2006 by Ord. No. 1519]
D. 
Circulation.
(1) 
Provisions shall be made for the safe and adequate circulation of pedestrians and vehicles within the property. Parking areas and all aisles and driveways shall be in accordance with the requirements of the Transportation and Traffic Engineering Hand Book published by the Institute of Traffic Engineers, 1976 Edition.
Parking Angle
(degrees)
Aisle or Driveway Width
(feet)
Parallel parking
12
30
12
45
13
60
18
90
25
(2) 
Only one-way traffic shall be permitted in aisles or driveways providing direct access to parking spaces placed at an angle other than 90°.
E. 
Drainage. Provision shall be made for the safe and adequate drainage of the surface runoff waters in and from the premises so that flooding and erosion of the property and the property of others shall be prevented, preferably through the use of natural vegetated swales to convey surface runoff in lieu of inlets and pipes. Unless otherwise provided by the Planning Board, drainage facilities located within the jurisdiction of the New Jersey Department of Environmental Protection (NJDEP) shall be in accordance with the rules and regulations of the NJDEP Land Use Regulation Program's rules and regulations. In addition, drainage facilities shall be designed in accordance with the Borough’s Stormwater Management Ordinance, as amended.[1]
[Amended 2-8-2006 by Ord. No. 1519]
[1]
Editor's Note: See Ch. 230, Zoning, Art. XXV, Stormwater Controls.
F. 
Fencing and screening. Provision shall be made for the protective and covering fencing and screening of such portions of the property as the Planning Board, upon recommendation of the Shade Tree Advisory Commission, may deem necessary for the safety and welfare of those persons most likely to be exposed to the property.
G. 
Garbage and refuse. Provision shall be made for the indoor or enclosed storage of garbage and refuse.
H. 
Illumination. The lighting of the building, the property and all signs on the property shall be such as not to produce any glare at the exterior lot lines of the premises. The traffic circulation patterns shall be such as to eliminate at the exterior lot lines glare from the lights of automobiles on the property.
I. 
Loading spaces. There shall be provided on the same lot with the building for which such are to be used loading berths in accordance with the provisions of Chapter 230, Zoning. Each loading space shall be at least 10 feet wide, 25 feet long and 14 feet high and shall as nearly as may be practicable be located in such a position as to cause the least hindrance to internal circulation of traffic and the least noise and aesthetic disturbance to the public and neighboring property owners. No loading space shall be located in a position in which any vehicle using the space will block the free passage of pedestrians or vehicles on the street.
J. 
Noise, vibrations, odor and pollution. Provision shall be made for the elimination of all offensive noise, vibration or other pollution to the general public emanating from the use of the property.
K. 
Parking.
(1) 
The Planning Board shall approve the most appropriate location on the site for the proposed parking area, in view of the size and topography of the property, considerations of safety and aesthetics, the requirement of adequate buffer and the elimination of glare, dust and noise caused by traffic. There shall be provided for each building subject to this chapter the number of off-street parking spaces in accordance with the provisions of Chapter 230, Zoning.
(2) 
Each off-street parking space shall have an area of at least 200 square feet, exclusive of access drives or aisles, shall be 10 feet wide and 20 feet in length and shall be surfaced as to be usable for parking. The Planning Board in its discretion may reduce the size of the parking space to a lesser square footage, width and length if the nature of the use dictates, but in no instance shall parking spaces be less than nine feet in width and 18 feet in length. If off-site parking is contemplated, the Board in addition shall determine what provisions, if any, are required for the safe and adequate circulation of pedestrians between the parking area and the property.
(3) 
All parking areas and appurtenant maneuvering areas, passageways and driveways serving semipublic office research, commercial and industrial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by all such users to protect adjacent residential districts from the glare of such illumination and from the glare of automobile headlights produced by automobiles entering and leaving the area.
(4) 
Off-street parking areas shall be effectively screened on any side which adjoins or faces premises situated in any residential district or institutional premises by a solid, uniformly painted fence or wall not less than four feet nor more than six feet in height maintained in good condition, provided that where the adjacent owners agree, in writing, a screening hedge or natural landscaping may be substituted for the required fence or wall. No part of any parking areas shall be closer than 10 feet to any school, hospital or other institutional building unless properly screened in accordance with Planning Board requirements.
(5) 
Parking areas may be located in any yard space, but shall not be closer than 10 feet to any street line.
(6) 
Off-street parking areas located in commercial districts which provide parking for 20 or more vehicles shall be provided with shade trees of a type approved by the Shade Tree Advisory Committee. Natural vegetation shall be used for shade tree plantings. The shade trees shall be located in a planned manner within the parking lot area as recommended by the Borough Shade Tree Commission and approved by the Planning Board. There shall be not less than one shade tree for every 10 parking spaces.
[Amended 2-8-2006 by Ord. No. 1519]
(7) 
The Planning Board may, upon satisfactory proof that the occupancy of the buildings for which a community parking program is provided does not require final grading and surfacing of the entire area, grant permission for deferment of that portion of the final grading and surfacing not required by the then-current occupancy and use. No person shall permit or cause to be occupied any building by more persons than shall be permitted by Planning Board approval of the community parking plan. In the event that the Planning Board shall determine, after notice to the owner of buildings participating in the community parking plan and a hearing, that the partially paved and graded parking area is inadequate, the owner shall forthwith complete the final grading and surfacing of the entire required parking area.
[Amended 2-9-1987 by Ord. No. 1081]
(8) 
Parking areas may be constructed with pervious paving materials to minimize stormwater runoff and to promote groundwater recharge.
[Added 2-8-2006 by Ord. No. 1519]
L. 
Paving and curbs. Paving, when required, shall be dustless, durable, all-weather pavement and shall be adequate in size and location to direct surface water runoff away from neighboring properties and toward approved drainage systems. Curb cuts or flush curbs with curb stops shall be permitted to allow vegetated swales to be used for stormwater conveyance and to allow the disconnection of impervious areas. In addition, the use of pervious paving materials, where appropriate, is permitted in order to minimize stormwater runoff and promote groundwater recharge.
[Amended 2-8-2006 by Ord. No. 1519]
M. 
Retaining walls. Retaining walls shall be designed to be safe and adequate for the purpose intended.
N. 
Sewage disposal. Provision shall be made in accordance with applicable regulations of all boards and bodies with jurisdiction over the collection and disposal of sewage. No site plan approval may be granted until the Board of Health has certified that a sanitary system has been designated to its satisfaction.
O. 
Sidewalks. Sidewalks shall be provided where needed to protect the safety of pedestrians. All sidewalks shall be designed to discharge stormwater to neighboring lawns, when feasible, to disconnect these to impervious surfaces or use permeable paving materials, where appropriate.
[Amended 2-8-2006 by Ord. No. 1519]
P. 
Storage. Outside storage, when permitted, shall only be permitted in areas approved by the Board. Such areas shall, as nearly as may be practicable, be shielded from public view and protected by adequate fencing or screening.
Q. 
Utilities. Facilities shall be provided for placing all utilities underground, including telephone and electric power lines.
R. 
Recycling plan.
[Added 8-15-1989 by Ord. No. 1147; amended 3-28-1994 by Ord. No. 1227; 11-14-1994 by Ord. No. 1238]
(1) 
Facilities shall be provided for the collection and disposal of recycling materials designated in Chapter 184, Solid Waste, Article II, Recycling, within any multifamily housing development and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of building and land.
(2) 
Recycling facilities. There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with the anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in accordance with the Municipal Recycling Coordinator and shall be consistent with the District Recycling Plan adopted in pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), Chapter 184, Solid Waste, Article II, Recycling, of the Code of the Borough of Glen Rock and any applicable requirements of the Municipal Master Plan, pursuant to Section 26 of P.L. 1987, c. 102 [2]
[2]
Editor's Note: See N.J.S.A. 40:55D-28.
(3) 
Minimum standards of recycling area.
(a) 
The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near but clearly separated from a refuse dumpster.
(b) 
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
(c) 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid or otherwise covered so as to keep the paper or cardboard dry.
(d) 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted at all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
(e) 
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
A. 
Performance guaranty form; approval terms; reduction of amount.
[Amended 7-12-1982 by Ord. No. 971]
(1) 
No final plat or final site plan shall be approved by the Planning Board until the subdivider or site plan applicant shall:
(a) 
Have filed with the Borough Clerk a performance guaranty in an amount estimated by the Borough Engineer to be sufficient to cover 120% of all required improvements listed in § 192-12A(1) through (4) of this chapter and assuring the installation of all such improvements on or before an agreed date.
(b) 
Have deposited with the Borough Treasurer a sum determined by the Borough Engineer and the Planning Board to be equal to the subdivider's proportionate share, as determined in accordance with § 192-16 of this chapter, of the cost of all off-tract improvements required in accordance with § 192-12A(3).
(2) 
The performance guaranty shall be in the Borough's prescribed form of performance bond on which the subdivider shall be principal and shall be secured either by a bonding or surety company approved by the Council or by a certified bank or cashier's check. The proceeds of such shall be returnable to the subdivider without interest after full compliance by the subdivider with all of the requirements of this chapter and the developer's agreement.
(3) 
The performance guaranty shall be approved by the Borough Attorney as to form, sufficiency and execution. Such performance guaranty shall run for a period to be fixed by the Planning Board, but in no case for a term of more than three years. However, with the consent of the owner and of the surety, if there be one, the Council may, by resolution, extend the term of such performance guaranty for an additional period or periods, but the extensions shall not exceed, in the aggregate, three years. The amount of the performance guaranty may be reduced by the Council by resolution when portions of the required improvements have been installed.
B. 
Procedure on completion of improvement; liability for breach of performance guaranty; performance by Borough.
(1) 
Procedure upon completion of improvement.
(a) 
When all of the necessary and appropriate improvements have been completed, the obligor shall notify the Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. The Council shall direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall, within 45 days after receipt of the notice from the obligor, file a report, in writing, with the Council, which report shall be detailed and shall indicate either approval, partial approval or rejection. If such improvements or any portion thereof shall not be approved or shall be rejected by the Borough Engineer, the report shall contain a statement of reasons for such nonapproval or rejection. Where the report indicates partial approval of such improvements, it shall indicate the costs of the improvements for which approval is rejected or withheld.
[Amended 9-28-1997 by Ord. No. 1291]
(b) 
The Council shall accept or reject the improvements, grant partial approval or withhold approval on the basis of such report and shall notify the obligor, in writing, by certified or registered mail, of the contents of such report and the action of the Council with relation thereto not later than 45 days after receipt of the notice from the Borough Engineer. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty bond, except for that portion adequately sufficient to secure the improvements not yet approved.
[Amended 9-28-1997 by Ord. No. 1291]
(c) 
Failure of the Council to send or provide such notification to the obligor within 45 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty.
[Amended 9-28-1997 by Ord. No. 1291]
(d) 
If any portion of the improvements shall be approved or shall be rejected by the Council, the obligor shall cause the same to be completed and, upon completion, the same procedure of notification as outlined herein shall be followed.
(e) 
Nothing herein, however, shall be construed in limitation of the obligor's right to contest or question by legal proceedings or otherwise any determination of the Council or the Borough Engineer.
(f) 
The obligor shall be responsible for all of the inspection fees of the Borough Engineer incurred in making the foregoing inspections.
(g) 
Nothing herein shall affect the obligation of any person relating to the posting of appropriate maintenance bonds when required.
(2) 
Liability for breach of guaranty; performance by Borough. If the required improvements have not been completed or corrected in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough, either before or after receipt of the proceeds of any performance guaranty, shall install such improvements.
C. 
Discharge of principal and surety on performance guaranty upon completion; maintenance guaranty bond.
(1) 
Performance guaranty; discharge on completion. Upon certification by the Borough Engineer that the improvements have been installed and completed in accordance with the performance guaranty and upon tender by the owner or a proper maintenance guaranty bond, the Borough Council shall, by resolution, accept such improvements and discharge the principal and surety from all liability arising out of the performance guaranty.
(2) 
Maintenance guaranty bond. The maintenance guaranty bond shall be:
(a) 
Subject to the approval of the Borough Attorney as to form, sufficiency and execution.
(b) 
In such amount as the Borough Engineer shall prescribe, but not to exceed 15% of the cost of the improvements or of the original installation.
(c) 
Conditioned upon the maintenance of all of the improvements in good condition and repair for a period of two years next following the date of adoption of the aforesaid resolution of acceptance.
A. 
Procedure for determination and allocation of costs. If the Planning Board shall determine that off-tract improvements are required in connection with any subdivision or site plan, then prior to granting final approval:
(1) 
The Planning Board shall report to the Borough Council:
(a) 
The location, character and extent of the required off-tract improvements.
(b) 
The Borough Engineer's estimate of the total cost of such off-tract improvements.
(c) 
The proposed allocation of the total cost determined in accordance with the standards set forth in Subsection B.
(2) 
The Borough Council shall determine and report to the Planning Board whether the off-tract improvements shall be constructed by:
(a) 
The Borough as a general improvement, as a local improvement or as a combination thereof; or
(b) 
The subdivider or site plan applicant with a formula specified by the Borough Council providing for partial reimbursement if the improvement specially benefits property other than that within the subdivision or site plan.
(3) 
The Planning Board shall require as a condition for approval of the final plan or site plan that:
(a) 
If the improvement is to be constructed by the Borough as a local improvement, the subdivider or site plan applicant shall deposit with the Borough Treasurer, in addition to the amount specified in Subsection A(1), the estimated amount by which the subdivision or site plan will be specially benefitted by the improvement; or
(b) 
If the improvement is to be constructed by the subdivider or site plan applicant, the subdivider or site plan applicant shall file with the Borough Clerk a performance guaranty meeting the requirements of § 192-15A in the full estimated cost of the improvement.
B. 
Standards for allocating cost.
(1) 
General factors in determination of costs. In determining the allocation of costs for off-tract improvements as between the subdivider or site plan applicant, other property owners and the Borough, the Planning Board shall be guided by the following factors:
(a) 
The total estimated costs of the off-tract improvements.
(b) 
The increase in market values of the properties affected and any other benefits conferred.
(c) 
The needs created by the application.
(d) 
Population and land use projection for the land within the general areas of the subdivision or site plan and other areas to be served by the off-tract improvements.
(e) 
The estimated time for construction of the off-tract improvements.
(f) 
The condition and periods of usefulness of the improvements which may be based upon the criteria of N.J.S.A. 40A:2-22.
(2) 
Specific factors in determination of costs. Without limiting the generality of the forgoing, the Planning Board may take into account the following specific factors:
(a) 
Streets. With respect to street, curb, gutter, sidewalk, shade tree, streetlight, street sign and traffic light improvements, the Board may consider:
[1] 
Traffic counts.
[2] 
Existing and projected traffic patterns.
[3] 
The quality of roads and sidewalks in the area.
[4] 
Such other factors as it may deem relevant to the need created by the subdivision or site plan.
(b) 
Drainage. With respect to drainage facilities, the Board may consider:
[1] 
The relationship between the area of the subdivision or site plan and the area of the total drainage basin of which the subdivision or site plan is a part.
[2] 
The proposed use of land within the subdivision or site plan and the amount of land area to be covered by impervious surfaces on the land within the subdivision or site plan.
[3] 
The use, condition or status of the remaining land area in the drainage basin.
(c) 
Water; gas; electric supply. With respect to water, gas and electric supply and distribution facilities, the Board may consider the use requirements of the use proposed by the subdivision or site plan and the use requirements of all other properties to be benefitted by the improvements.
(d) 
Sewerage facilities. With respect to sewerage facilities, the Board may consider:
[1] 
The anticipated volume of effluent from the use proposed for the subdivision or site plan and the anticipated volume of effluent from all other properties to be benefitted by the improvements.
[2] 
The types of effluent anticipated and particular problems requiring special equipment or added costs.
C. 
Deposits. Any money received by the Borough Treasurer for off-tract improvements to be constructed or installed by the Borough pursuant to the provisions of this chapter shall be deposited in a suitable depository therefor and shall be used only for the improvements for which they are deposited or improvements satisfying the same purpose. If construction of improvements for which the Borough is responsible has not commenced within five years from the date of deposit, the amount deposited with any income thereon shall be returned to the subdivider or site plan applicant or his or her successor in interest.
D. 
Actual costs.
(1) 
Borough Treasurer to determine costs. Upon completion of any improvement constructed by the Borough as a general or local improvement, the total cost of such improvement shall be determined by the Borough Treasurer. The difference between actual cost as so determined and the estimated cost shall be computed.
(2) 
Remittance by or refund to subdivider or site plan applicant. The subdivider or site plan applicant or his or her successor in interest shall make remittance to the Borough if the actual cost exceeds the estimated cost or shall receive a refund from the funds deposited with the Borough if the estimated cost exceeds the actual cost in an amount which bears the same relationship to the difference between the actual and estimated costs as the amount deposited by the subdivider or site plan applicant for his or her proportionate share of the estimated cost bears to the total estimated cost.
(3) 
Collection of costs. Any sum payable by the subdivider or site plan applicant or his or her successor in interest may be levied and collected by the Borough in the same manner as is provided by law for the levy and collection of real estate taxes.
E. 
Successor in interest. In the absence of an express provision in a deed or deeds of conveyance, it shall be presumed:
(1) 
That the fee owners of all lots in the subdivision or site plan at the date any deposit or portion thereof is returned or additional charge is made, pursuant to Subsections C and D of this section, are the lawful successors in interest to the subdivider or site plan applicants; and
(2) 
That each such fee owner shall be charged with or entitled to receive a pro rata share, based on lot area, of any funds to be returned or additional charge to be made pursuant to this subsection. Upon payment of any such sums to the fee owners, the Borough shall be released of liability to any other person.
A. 
Transfer or sale before final subdivision approval. If before final subdivision approval has been granted any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval as owner or agent, any land which forms a part of a subdivision for which Borough approval is required by this chapter, such persons shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
B. 
Violation; penalty. Any owner, tenant or other occupant, agent, architect, builder, contractor or any other worker or any other person who shall commit, take part or assist in any violation other than a violation set forth in Subsection A or who shall knowingly maintain any building or premises in which any violation of this chapter shall exist may, upon conviction thereof, for each and every violation, be fined not exceeding $1,000, be imprisoned in the Bergen County Jail for a period not exceeding 90 days, serve a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the court. Each day that a violation is permitted to exist shall constitute a separate offense.
[Amended 9-28-1997 by Ord. No. 1291]
C. 
Civil remedy; unlawful building. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is occupied in violation of this chapter, the Borough Council, the Construction Code Official or an interested party, in addition to other remedies, may institute any appropriate action or proceeding:
(1) 
To prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use.
(2) 
To restrain, correct or abate such violation.
(3) 
To prevent the occupancy of such building, structure or land.
(4) 
To prevent any illegal act, conduct, business or use in or about such premises.
D. 
Civil remedy; unlawful sale of land.
(1) 
In addition to the other remedies set forth in this chapter, the Borough Council or the Construction Code Official may, in the event of a sale, transfer or agreement which violates Subsection A of this section, institute and maintain an action:
(a) 
For injunctive relief; and
(b) 
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate as to approval of subdivision of land shall not have been issued for such conveyance.
(2) 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his or her assigns or successors to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any. Any such action shall be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of such land or within six years, if unrecorded.
A. 
Conditions for granting of a waiver. The provisions of this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. If the subdivider or his or her agent can clearly demonstrate that because of peculiar conditions pertaining to his or her land the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Planning Board may permit such waiver or waivers as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter. In making its findings, the Planning Board shall take into account the nature of the proposed use and its effect on the existing use of other lands in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon the traffic conditions in the vicinity. No waiver shall be granted unless the Planning Board finds that the following exist:
(1) 
That there are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land.
(2) 
That the waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant.
(3) 
That the granting of the waiver is not detrimental to the public welfare or injurious to property in the area in which the property is situated.
B. 
Procedure for a waiver.
(1) 
Petition for a waiver. A petition for any waiver shall be submitted, in writing, by the subdivider at the time of the filing of the final plat for the consideration of the Planning Board. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(2) 
Provisional waiver. If the relief sought by the applicant relates to a variance or exception from the terms and provisions of Chapter 230, Zoning, the Planning Board, in instances where it does not have the power to grant the necessary variance, may grant a provisional waiver as to the provisions of this chapter. If such provisional waiver is granted, the applicant shall then apply to the Board of Adjustment, upon notice as provided by statute, for such additional relief sought. If the applicant is successful in obtaining relief by way of exception or variance, he or she shall then present the evidence thereof to the Planning Board, and thereupon, the provisional waiver shall be modified in accordance with the earlier action of the Planning Board and the subsequent action of the Board of Adjustment.
All applications for subdivisions and site plan review filed prior to the effective date of this chapter may be continued.
Immediately upon adoption of this chapter, the Borough Clerk shall file a copy of this chapter with the County Planning Board, as required by law.
[Added 4-14-1980 by Ord. No. 925]
A. 
Minor subdivision and minor site plan review fees.
[Amended 10-26-1987 by Ord. No. 1105; 7-27-1992 by Ord. No. 1201]
(1) 
At the time of filing a sketch plat for a minor subdivision, the subdivider shall deposit with the Borough Clerk a filing fee as provided in Chapter 101, Fees, by check made payable to the Borough of Glen Rock, to cover the administrative costs of the Borough. In addition thereto, the subdivider shall deposit an amount, in cash or by certified check, to be held by the Borough in escrow, the sum as provided in Chapter 101, Fees, initially, which may be charged for the actual out-of-pocket expenses of the Borough for services rendered to it, including but not limited to legal and engineering fees. If the subdivision is classified by the Planning Board as a major subdivision or if it is determined by the Planning Board that off-site improvements shall be required in connection with the subdivision, the subdivider, in addition to any fees and deposits hereinbefore required, shall further deposit the amounts under Subsection B hereof, but he or she shall receive a credit for any amount paid pursuant to this subsection.
[Amended 9-28-1997 by Ord. No. 1291]
(2) 
Upon the filing of any application for a minor site plan approval, the developer shall deposit with the Borough Clerk a filing fee as provided in Chapter 101, Fees, by check made payable to the Borough of Glen Rock, to cover the administrative costs of the Borough. In addition thereto, the developer shall deposit an amount, in cash or by certified check, to be held by the Borough in escrow, the sum as provided in Chapter 101, Fees, initially, which may be charged for the actual out-of-pocket expenses of the Borough for services rendered to it, including but not limited to legal and engineering fees.
[Amended 9-28-1997 by Ord. No. 1291]
(3) 
When the amounts deposited in escrow under Subsections A(1) and (2) above by the subdivider or developer for the actual out-of-pocket expenses for the Borough has been obligated or exhausted, the subdivider or developer shall, upon request, prior to the time the Borough authorizes further expenditures, deposit additional amounts as to cover further out-of-pocket expenses of the Borough for legal, engineering, publication, filing, recording, transcribing and similar items.
B. 
Major subdivision review fees.
[Amended 10-26-1987 by Ord. No. 1105; 7-27-1992 by Ord. No. 1201]
(1) 
At the time of filing of a sketch plat for a major subdivision, the subdivider shall deposit with the Borough Clerk a filing fee as provided in Chapter 101, Fees, by check made payable to the Borough of Glen Rock, to cover the administrative costs of the Borough. In addition thereto, the subdivider shall deposit an amount, in cash or by certified check, to be held by the Borough in escrow, the sum as provided in Chapter 101, Fees, initially, which may be charged for the actual out-of-pocket expenses of the Borough for services rendered to it, including but not limited to legal and engineering fees.
[Amended 9-28-1997 by Ord. No. 1291]
(2) 
When the amount deposited in escrow under Subsection B(1) above by the subdivider for the actual out-of-pocket expenses of the Borough has been obligated or exhausted, the subdivider shall, upon request, prior to the time the Borough authorizes further expenditures, deposit additional amounts as required to cover further out-of-pocket expenses of the Borough for legal, engineering, publication, filing, recording, transcribing and similar items.
C. 
Major subdivision deposit. In connection with a major subdivision, after preliminary approval by the Planning Board and before any work is undertaken by the subdivider, the subdivider shall enter into a developer's agreement with the Borough and shall deposit with the Borough Clerk of the Borough of Glen Rock an amount as provided in Chapter 101, Fees, to cover the cost of periodic inspection as the improvements are made, including engineering fees and legal fees in connection therewith. If at any time the amount on deposit shall fall below the sum as provided in Chapter 101, Fees, the subdivider shall deposit an additional amount as determined by the Borough Engineer representing 5% of the estimated cost for the completion of said improvements in accordance with the final plat of such major subdivision.
[Amended 9-28-1997 by Ord. No. 1291]
D. 
Site plan review fees and inspection approval deposit.
[Amended 10-26-1987 by Ord. No. 1105; 7-27-1992 by Ord. No. 1201; 9-28-1997 by Ord. No. 1291]
(1) 
Upon the filing of any application for preliminary site plan approval, the developer shall deposit with the Borough Clerk a filing fee as provided in Chapter 101, Fees, by check made payable to the Borough of Glen Rock, to cover the administrative costs of the Borough. In addition thereto, the developer shall deposit an amount, in cash or by certified check, to be held by the Borough in escrow, the sum as provided in Chapter 101, Fees, initially, which may be charged for the actual out-of-pocket expenses of the Borough for services rendered to it, including but not limited to legal and engineering fees.
(2) 
Upon the preliminary approval of all site plan applications and prior to final approval thereof, the developer shall enter into a developer's agreement with the Borough and shall deposit with the Borough Clerk of the Borough of Glen Rock an amount as provided in Chapter 101, Fees, as well as inspection fees in connection with said site plan improvements as determined by the Borough Engineer to cover engineering and legal fees of the Borough. If at any time the amount on deposit shall fall below the sum as provided in Chapter 101, Fees, the applicant shall deposit an additional amount as determined by the Borough Engineer representing 5% of the estimated cost for the completion of said required improvements and inspection fees.
E. 
Disposition of remaining credit; restrictions on charges to deposits.
(1) 
Upon the applicant or developer obtaining final approval for either a subdivision or site plan, said applicant or developer shall be entitled to apply any credit remaining in his or her escrow deposit under any of the foregoing subsections to the developer's escrow fund required to ensure completion of all improvements. All balances remaining in any escrow fund required under any subsection of this section shall be credited to the applicant's or developer's final escrow fund as required by the developer's agreement, to be filed with the Borough upon certification by the Engineer that all engineering services related to the review of the application and the construction of the improvements have been completed and all engineering services have been properly billed to the Borough.
(2) 
No deposit required by this section should be charged with an amount unless the same shall represent a reimbursement to the Borough for payments by it for services rendered, upon proper vouchers, duly sworn to, as provided by law. In every case, any charge to the deposit provided for herein shall be reviewed and approved by the Borough as to the necessity for the performance of the service and the reasonableness of the amount charged therefor to the same extent as if there were no provisions for reimbursement to the Borough.
F. 
Miscellaneous.
(1) 
Nothing herein contained in this section is intended to supersede or repeal the provisions of § 192-16, Off-tract improvements, which section shall remain in full force and effect.
(2) 
It is expressly intended, however, that the provisions of the within section shall repeal all of the provisions contained in Borough Ordinance No. 814 as heretofore enacted.
G. 
Payments to professionals; deposits and procedures.
[Added 6-28-2000 by Ord. No. 1354]
(1) 
Escrow deposits. In addition to the initial fees or charges as elsewhere set forth, the municipal agency shall require escrow deposits in accordance with the provision of the fee and deposit schedule set forth in § 101-4. (The amount of the initial deposit shall be calculated in accordance with N.J.S.A. 40:55D-53.2b.) Such fees or charges shall be based upon a schedule established by resolution. The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvement or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses, except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill.
(2) 
Scope of reimbursed services. The municipality shall be entitled to be reimbursed for the review of applications, both as to completeness and as to content; for the review and preparation of documents such as, but not limited to: drafting resolutions, developer's agreements and necessary correspondence with the applicant or the applicant's professionals.
(3) 
Deposit of escrow funds; refunds. Deposits received from any applicant in excess of $5,000 shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and, upon receipt of bills from professionals and approval of said bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, the entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied for the purposes for which it has deposited, as the case may be, except that the municipality will retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within 90 days after the final decision by the appropriate municipal agency with respect to such application, upon certification by the Board Secretary that such application has been finally decided.
(4) 
Payments.
(a) 
Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and each date the services were performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant and the municipal agency for whom said services were performed.
(b) 
The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall, within a reasonable time period, post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
(5) 
Payments required prior to issuance of permits. No zoning permits, building permits, certificates of occupancy or any other types of permits may be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been made.
(6) 
Close out procedures.
(a) 
The following close out procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq. and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits; or after the improvements have been approved in accordance with N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits.
(b) 
The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving authority and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with the final accounting.
(7) 
Scope of charges. All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with the conditions of approval or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals on the subdivision or site plan.
(8) 
Limitation of inspection fees. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvement under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.
(9) 
Substitution of professionals. If the municipality retains a different professional or consultant in place of a professional originally responsible for development application review, or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge to the deposit or the escrow account for any such services.
(10) 
Estimate of cost of improvements. The cost of the installation of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Municipal Engineer based on documented construction costs for the public improvements prevailing in the general area of the municipality. The developer may appeal the Municipal Engineer's estimate to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127.
(11) 
Appeals.
(a) 
An applicant shall notify, in writing, the governing body, with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for a service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to N.J.S.A. 40:55D-53.2. The governing body or its designee shall, within a reasonable time, attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127 any charge to an escrow account or deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority and any professional whose charges are the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by N.J.S.A. 40:55D-53.2c, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by N.J.S.A. 40:55D-53.2c. An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(b) 
Appeals shall be taken in accordance with the Rules and Procedures established by the County Construction Board of Appeals.
(c) 
During the pendency of any appeal, the municipality or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guaranties, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of a municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.