A.
Planning Board as approving authority. In accordance
with the Municipal Land Use Law,[1] the Planning Board shall act as approving authority for:
(1)
Minor subdivisions.
(2)
Preliminary major subdivisions.
(3)
Final major subdivisions.
(4)
Minor site plans.
(5)
Preliminary major site plans.
(6)
Final major site plans.
(7)
Conditional uses pursuant to N.J.S.A. 40:55D-67.
(8)
Variances pursuant to N.J.S.A. 40:55D-70c when said
variance is requested in conjunction with such site plans, subdivisions
and conditional uses.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Board of Adjustment as approving authority. Where
a variance pursuant to N.J.S.A. 40:55D-70d is requested, the Board
of Adjustment shall act as approving authority for applications for
minor subdivisions, major subdivisions, major site plans and for conditional
uses, in conjunction therewith.
C.
Simultaneous review and approval.
(1)
The approving authority shall have the power to review
and approve or deny one or more Zoning Ordinance or Site Plan and
Subdivision Ordinance requirements simultaneously with review of site
plan and/or subdivision approval without the applicant being required
to make further application to the approving authority, or the approving
authority being required to hold further hearings.
(2)
The longest time period for action by the approving
authority, whether it be for a subdivision, conditional use, site
plan review or variance, shall apply.
(3)
Whenever approval of a conditional use or a variance
is requested by the applicant, notice of the hearing shall include
reference to the request for such conditional use or variance.
A.
Submission to the administrative officer. Applications for minor, preliminary and final major subdivisions and minor, preliminary and final major site plans shall be submitted to the administrative officer in writing, on a form to be supplied by the approving authority. Required fees shall be submitted with the executed application form, along with all required documents and information as specified in § 149-8 herein.
A.
General requirements. The following shall be considered
in determining whether an application for development is complete:
(1)
An application form that is executed and signed.
(2)
A letter describing the proposed development.
(3)
Fifteen copies of a subdivision plat or site plan,
as required in this chapter, including a lighting plan and a landscaping
plan, where applicable.
(4)
A signed Tax Collector's office status form.
(5)
A signed Tax Assessor status form.
(6)
A signed affidavit of ownership.
(8)
A signed subdivision or site plan checklist.
(9)
Four copies of percolation test results and soil logs conducted in the presence of the Health Officer or Sanitarian, plus certification of such inspection as required in Subsection E herein, if applicable.
(10)
Storm drainage calculations, in quadruplicate, as required in Subsection F herein, if applicable.
(12)
A list of all governmental approvals and permits
required, including municipal, county, state, federal or interstate
agencies and jurisdictions and public or private utility companies
or agencies.
(13)
Copies of any existing covenants, deed restrictions,
easements or exceptions which affect the subject property.
(16)
Proof that all required fees have been paid.
(17)
For final site plan or final subdivision, an
affidavit certifying all changes made subsequent to preliminary site
plan or subdivision approval.
(19)
With application for development requiring centralized
water or sewerage facilities from an agency or authority, the applicant
shall be required to provide written evidence of approval as to the
availability of reserved capacity for sewerage and/or water and for
the location, design and facilities, from said agency or authority
concerning said utilities.
[Amended 11-3-1997 by Ord. No. 15-97]
(20)
A sworn statement by the applicant that said use shall be operated in accordance with the performance standards set forth in § 149-55E herein.
(21)
A certificate from the Borough Engineer certifying the installation of any improvements and the receipt of as-built drawings as provided in § 149-48 herein.
(22)
Any other documents required by this chapter
or the rules and regulations of the approving authority or conditions
of any previously granted approval as outlined in the resolution of
the approving authority granting same.
B.
Map requirements.
(1)
All subdivision and site plan applications shall be
accompanied by 15 copies of the subdivision plat or site plan. The
map shall be accurately drawn to a scale of not less than one inch
equals 50 feet, certified by a licensed land surveyor as to boundary
lines and existing features. For areas in excess of 40 acres, a comprehensive
map at a scale of not less than one inch equals 100 feet shall be
required in addition to the one-inch-equals-fifty-feet-map to indicate
the entire development. Design features shall be certified by a professional
engineer licensed in the State of New Jersey and, where appropriate,
by a professional architect licensed by the State of New Jersey.
(2)
All plats or plans which are to be recorded in the
office of the Morris County Clerk shall be prepared in compliance
with all of the provisions of the Map Filing Law, P.L. 1960, c. 141
(N.J.S.A. 46:23-9.9 et seq.).
(3)
Map requirements shall also be in accordance with
the respective requirements specified for minor and preliminary and
final major site plans in this chapter.
C.
Certification. All subdivisions plats and site plans
shall contain the following certifications:
(1)
To be signed by the owner before submission:
|
I CONSENT TO THE FILING OF THE (SITE PLAN) (SUBDIVISION)
APPLICATION
| ||
|---|---|---|
|
|
| |
|
Owner
|
Date
| |
(2)
To be signed before submission:
|
I CERTIFY THAT THIS (SUBDIVISION PLAT) (SITE
PLAN) HAS BEEN PREPARED UNDER MY SUPERVISION AND THAT ALL DIMENSIONS
AND INFORMATION ARE CORRECT
| ||
|---|---|---|
|
|
| |
|
New Jersey Licensed Surveyor
|
License Number, Seal and Date
| |
|
|
| |
|
New Jersey Licensed Professional Engineer
|
License Number, Seal and Date
| |
|
|
| |
|
New Jersey Licensed Architect
|
License Number, Seal and Date
| |
(3)
To be signed by the approving authority engineer:
|
I HAVE REVIEWED THIS (SUBDIVISION PLAT) (SITE
PLAN) AND CERTIFY THAT IT COMPLIES WITH ALL APPROVALS GRANTED BY THE
APPROVING AUTHORITY
| ||
|---|---|---|
|
|
| |
|
Approving Authority Engineer
|
Date
| |
(4)
To be signed by the chairman and secretary of the
approving authority:
|
APPROVED BY THE (PLANNING BOARD) (BOARD OF ADJUSTMENT)
OF THE BOROUGH OF RIVERDALE
| ||
|---|---|---|
|
|
| |
|
Chairman Signature
|
Date
| |
|
|
| |
|
Secretary Signature
|
Date
| |
D.
Affidavit of disclosure, when required.
(1)
A corporation or partnership applying to the Planning
Board, Board of Adjustment or governing body for permission to subdivide
a parcel of land into six or more lots or applying for a variance
to construct a multiple dwelling of 25 or more family units or for
approval of a site to be used for commercial purposes shall list the
names and addresses of all stockholders or individual partners owning
at least 10% of its stock of any class or at least 10% of the interest
in the partnership, as the case may be.
(2)
If a corporation or partnership owns 10% or more of
the stock of a corporation, or 10% or greater interest in a partnership,
subject to disclosure as aforementioned, that corporation or partnership
shall list the names and addresses of its stockholders holding 10%
or more of its stock or of 10% or greater interest in the partnership,
as the case may be, and this requirement shall be followed by every
corporate stockholder or partner in a partnership, until the names
and addresses of the noncorporate stockholders and individual partners,
exceeding the ten-percent ownership criterion established herein,
have been listed.
E.
Percolation test and soil logs, when required.
(1)
Four copies of percolation test results and soil logs
conducted in the presence of the Borough Health Officer or Borough
Sanitarian, plus certification of such inspection, shall be provided
as follows in accordance with the Standards for the Construction of
Individual Subsurface Sewage Disposal Systems, N.J.D.E.P. PGH 7:9-2.61.
(2)
For absorption systems: one per location of absorption
unit. For retention basins, one per 1/2 acre of surface area of the
proposed basin.
F.
Storm drainage calculations, when required. Four copies of drainage calculations shall be submitted as provided in § 149-53B herein, if provided separately and not provided on the plat, for all applications, except final major subdivision and final major site plan applications, assuming no related changes are made from preliminary approval.
G.
Lot development plan.
(1)
Purpose. A lot development plan shall assist the approving
authority in review of a proposed lot. This plan shall show intended
and possible method of development within the lot to clearly indicate
whether the development can occur without violation of regulations
within the Zoning Ordinance,[3] Residential Lot Plan Ordinance or this chapter.
(2)
When required. A lot development plan shall be submitted
for the applicable lot(s) to the approving authority for its review
as part of a complete application for a residential subdivision if
any of the following conditions are applicable to any proposed lot(s):
(b)
Where 30% of ground surface slope exceeds 20%.
(c)
Where development of a lot shall require one
or more variances.
(d)
Where a conditional use approval is required.
(e)
Where development of a lot shall require one
or more waivers.
(f)
Such other times, as required by the approving
authority, when the conditions of the land make it difficult to determine
the impact of the development on the site or adjacent site(s).
(3)
Required information. Lot development plans shall
be of sufficient detail to clearly show all existing and proposed
conditions and structures within the lot. Plan scale shall not be
less than one inch equals 50 feet.
(a)
Legend information.
[1]
The words "lot development plan."
[2]
Tax Map lot and block designation of property.
[3]
Name, address and phone number of applicant.
[4]
Name, address, phone number, title and graphic
seal of person who prepared the plan.
[5]
Date of preparation and blanks for revision
dates.
[6]
Graphic scale.
[7]
North arrow.
[8]
Acreage of property to the nearest 0.01 of an
acre.
[9]
Zoning district of property.
(b)
Tabular information. The lot development plan
shall contain the following information in tabular form:
[1]
Area of proposed lot in square feet and hundredths
of an acre.
[2]
Land disturbance in square feet and percentage
of property.
[3]
Improved lot coverage in square feet and percentage
of property.
[4]
Lot coverage in square feet and percentage of
property.
[5]
Ground floor area and total floor area of principal
buildings.
[6]
Ground floor area and total floor area of accessory
buildings.
(c)
General information. All lot development plans
shall comply with the requirements hereinafter set forth and shall
contain the following information and data, where applicable:
[1]
Existing and proposed contours, based on United
States Coast and Geodetic Survey datum, with a contour interval of
two feet for slopes less than 15% and an interval of five feet for
slopes of 15% or more. Existing contours are to be indicated by dashed
lines and proposed contours are to be indicated by solid lines. Limits
of top of slope and toe of slope for proposed grading shall be indicated
by solid lines.
[2]
New Tax Map lot and block numbers as proposed
by the Riverdale Borough Tax Assessor.
[3]
Boundaries of the property, required 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.
[4]
Location of existing and proposed buildings
and all other structures such as walls, fences, culverts, bridges,
driveways, roadways, walkways, etc., with spot elevations of such
structures within 100 feet of the subject site. Structures to be removed
shall be indicated by dashed lines; structures to remain shall be
indicated by solid lines.
[5]
Location and description of all proposed streets
and driveways including limits of grading and toe of slope and top
of slope.
[6]
Location of significant natural features such
as rock outcroppings, depressions, ponds, wetlands, woods and flood-prone
areas in the subject area.
[7]
Location and description of all existing and
proposed stormwater drainage facilities and watercourses, including
pipe diameters, swale and detention areas, cross sections, limits
of grading, direction of flow, location of inlets and manholes and
invert and other pertinent elevations. Drainage calculations shall
be included on the plat or submitted in quadruplicate separately.
[8]
The general area of all proposed septic systems
and wells.
[9]
Reference to any existing easements, waivers
or variances and any existing or proposed covenants or deed restrictions
affecting the lot. If none exist or are proposed, a statement to that
effect shall be placed on the plan.
[10]
Location and description of stream encroachment
lines, floodway and flood hazard areas, wetland limits and areas proposed
to be dedicated or reserved for public use.
[11]
Limits of clearing of natural vegetation, description
and location of areas to be stabilized by vegetation or structures
and location of areas to be landscaped on the property and abutting
street rights-of-way. Existing trees in the areas to be disturbed
shall be noted on the plan.
[12]
Location and description of soils to be moved
as provided in this chapter or requiring a soil mining permit.
H.
Shaded slope map, when required. Three copies of a
shaded slope map shall be submitted as provided in this chapter for
all applications except final major subdivision and final major site
plan, assuming no related changes are made from preliminary approval.
[Added 11-3-1997 by Ord. No. 15-97]
The following development checklists must be
completed and submitted with the appropriate applications for development.
These checklists are required for certification of complete application
pursuant to N.J.S.A. 40:55D-10.3. The checklist items are provided
to the applicant as a simplified list of the information which must
be filed in support of an application for development. Where the applicant
feels that a required item is not necessary for an informed evaluation
of his or her plans, a waiver may be requested from the appropriate
board by filing a waiver application. If items required in the checklist
are not provided with the application, unless a waiver application
is filed and a waiver granted by the appropriate board, the application
shall be deemed incomplete.
|
LAND USE APPLICATION INSTRUCTIONS
| ||||
|---|---|---|---|---|
|
I.
|
The following checklist is designated to assist
applicants in preparing applications for Board review. All items listed
below, in addition to those required by ordinance, must be supplied
or the application may be deemed incomplete.
| |||
|
( )
|
Legend as to what building will be used for
and proposed maximum occupancy.
| |||
|
( )
|
Percentage of landscaping in interior of parking
area.
| |||
|
( )
|
Show existing and proposed sign area indicating
square footage. Show the height of building. Show area of front facade
in square feet. Indicate construction material and colors.
| |||
|
( )
|
Parking area showing spaces, clearly outlining
parking for all physically handicapped, where applicable.
| |||
|
( )
|
Driveways showing vehicular circulation, indicating
directional arrows to be painted on pavement, sight distances and
sight triangles.
| |||
|
( )
|
Limits of grading for proposed improvements
and descriptions of scheduling of soil erosion and sediment control
facilities.
| |||
|
( )
|
Minimum setback lines.
| |||
|
( )
|
Limits of flood hazard, floodway and wetlands
limits.
| |||
|
( )
|
Percentage of disturbed land area as proposed
and as permitted by ordinance.
| |||
|
( )
|
Percentage of improved lot coverage as proposed
and as permitted by ordinance.
| |||
|
( )
|
Percentage of lot coverage as proposed and as
permitted by ordinance.
| |||
|
( )
|
A statement as to the amount of soil to be moved,
stated in square feet of disturbed area and cubic yards, for determination
as to whether a Borough of Riverdale soil mining permit is required.
Applicant should specify reasons for the variance request.
| |||
|
II.
|
The Planning Department reviews the application
and notifies the applicant that the application is complete or incomplete
within 45 days. The applicant will be advised of any revisions or
additions necessary to insure completeness within 45 days.
| |||
|
III.
|
If a variance is involved in the site plan application,
the applicant should specify reasons for the variance request.
| |||
|
IV.
|
The municipal agency decides upon the completeness
of the application and sets a date for public hearing. The application
fees and escrows must be submitted prior to completeness.
| |||
|
V.
|
Upon approval (including County Planning Board
approval - See Section VII).
| |||
|
A.
|
Chairman and secretary of the Planning Board
sign site plan maps with date of approval. One copy is returned to
the developer within two weeks after the next regular meeting.
| |||
|
B.
|
The Clerk also distributes one dated and signed
copy of the plat to each of the following;
| |||
|
1.
|
Planning Board secretary.
| |||
|
2.
|
Borough Clerk.
| |||
|
3.
|
Approving authority's attorney.
| |||
|
4.
|
Approving authority's planning consultant
| |||
|
5.
|
Approving authority's engineering consultant.
| |||
|
6.
|
Health Officer.
| |||
|
7.
|
Morris County Planning Board (two copies).
| |||
|
8.
|
Police Department.
| |||
|
9.
|
Borough Engineer.
| |||
|
10.
|
Borough Water Engineer.
| |||
|
11.
|
Fire Prevention Bureau.
| |||
|
12.
|
Tax Assessor.
| |||
|
13.
|
Construction Official.
| |||
|
14.
|
Other municipal, county and state officials
and agencies as directed by the approving authority.
| |||
|
15.
|
Additional documents may be routed by the authority
as deemed necessary.
| |||
|
16.
|
Borough Sewer Engineer.
| |||
|
VI.
|
If not approved, the secretary of the Planning
Board shall notify the applicant stating reasons, within one week
following the next regular meeting of the Board.
| |||
|
VII.
|
County requirements:
| |||
|
A.
|
A Morris County Planning Board instruction package
will be supplied by the municipal authority's clerk.
| |||
|
B.
| ||||
|
BOROUGH OF RIVERDALE
| |||||
|---|---|---|---|---|---|
|
PRELIMINARY MAJOR SITE PLAN
| |||||
|
PRELIMINARY MAJOR SUBDIVISION/MINOR SUBDIVISION
| |||||
|
CHECKLIST
| |||||
|
(Submit Six Copies)
| |||||
|
Submitted
| |||||
|
Paper Documentation
|
Yes
|
No
|
N/A
|
Comments
| |
|
1
|
15 copies of application form
| ||||
|
2
|
15 copies of letter describing proposed development
| ||||
|
3
|
15 copies of preliminary plat, including landscaping
plan and lighting plan where applicable
| ||||
|
4
|
Signed Tax Collector Office status forms
| ||||
|
5
|
Signed Tax Assessors Office status forms
| ||||
|
6
|
Signed affidavit of ownership
| ||||
|
7
|
Signed affidavit of disclosure
| ||||
|
8
|
Four copies of percolation test results and
soil logs conducted in presence of Health Officer or Sanitarian and
certificates of such inspection
| ||||
|
9
|
Storm drainage calculations in quadruplicate,
where required
| ||||
|
10
|
A list of all requested variances and waivers
| ||||
|
11
|
A list of all governmental approvals and permits
required
| ||||
|
12
|
Copy of deed to property and copies of all covenants,
restrictions, easements or exceptions affecting the property
| ||||
|
13
|
15 copies of lot development plans if required
| ||||
|
14
|
Three copies of shaded slope map, where applicable
| ||||
|
15
|
Written evidence of availability of central
sewer or water facilities from agency providing the same
| ||||
|
16
|
Certified list of property owners within 200
feet
| ||||
|
17
|
Proof of publication
| ||||
|
Plat requirements
| |||||
|
18
|
Scale: 1" - 50' minimum
| ||||
|
19
|
For areas in excess of 40 acres - 1" = 100'
minimum
| ||||
|
20
|
Certification by licensed surveyor, licensed
professional engineer or licensed architect, as required
| ||||
|
Legend information
| |||||
|
21
|
Details as required by § 149-36
| ||||
|
22
|
Details, items, and information as required by § 149-37
| ||||
|
FINAL MAJOR SITE PLAN
| |||||
|---|---|---|---|---|---|
|
CHECKLIST
| |||||
|
(Submit Six Copies)
| |||||
|
Submitted
| |||||
|
Paper Documentation
|
Yes
|
No
|
N/A
|
Comments
| |
|
1
|
15 copies of application form
| ||||
|
2
|
15 copies of letter describing proposed development
| ||||
|
3
|
15 copies of final plat, including landscaping
plan and lighting plan where applicable
| ||||
|
4
|
Signed Tax Collector Office status form
| ||||
|
5
|
Signed Tax Assessors Office status form
| ||||
|
6
|
Signed affidavit of ownership
| ||||
|
7
|
Signed affidavit of disclosure
| ||||
|
Legend information
| |||||
|
8
|
Details as required by § 149-25A
| ||||
|
9
|
Map information as required by § 149-25B
| ||||
|
10
|
Certification of Borough Engineer that the installation
of improvements has been in accordance with this chapter, the resolution
of the approving authority and the rules and regulations of any other
agencies where required.
| ||||
|
11
|
Mylar and 22 prints for execution
| ||||
|
12
|
Letter from applicant certifying compliance
with all conditions of preliminary approval.
| ||||
|
Other Information
| |||||
|
13
|
Proof that requirements of soil conservation
service, County Planning Board and any other agency have jurisdiction
have been met.
| ||||
|
14
|
Affidavit of no change of final plat from preliminary
plat (or affidavit with changes listed in detail).
| ||||
|
15
|
Copies of deeds of easements and dedicated lands.
| ||||
|
ZONING BOARD OF ADJUSTMENT
| |||
|---|---|---|---|
|
CHECKLIST
| |||
|
(For Board Use Only)
| |||
|
Block____________________
|
Lot
| ||
|
Street Address of Property
| |||
|
Owner
| |||
|
Applicant
| |||
|
Application For:
|
( ) Minor Subdivision
( ) Major Subdivision (Preliminary)
( ) Major Subdivision (Final)
( ) Site Plan (Preliminary)
( ) Variance
( ) Bulk
( ) Use
( ) Construction on unimproved road.
| ||
|
Date Application Filed:
| |||
|
Determination of Completeness:
| |||
|
Date Action Required by:
| |||
|
Hearing Scheduled for:
| |||
|
Date of Notice of Publication:
| |||
|
Affidavit of Service Filed:
| |||
|
Official List Used ( )
| |||
|
Service Made on:
| |||
|
( ) County Planning Board
| |||
|
( ) Clerk(s) of Adjoining Municipalities
| |||
|
( ) Department of Transportation
| |||
|
( ) Department of Community Affairs
| |||
|
Reviewed by:
| |||
|
Review Committee
| |||
|
Engineer
| |||
|
Board of Health
| |||
|
Morris County Planning Board
| |||
|
NJ Department of Environmental Protection
| |||
|
Other
| |||
|
BOROUGH OF RIVERDALE
| |||
|---|---|---|---|
|
VARIANCE CHECKLIST
| |||
|
B.
|
Title block indicating the following information.
| ||
|
1.
|
Name, title, address and license number of the
professional or professionals who prepared the plat or plan.
| ||
|
2.
|
Scale (both graphic and written).
| ||
|
3.
|
Date of original preparation and of each subsequent
revision thereof and a list of the specific revisions entered on each
sheet.
| ||
|
4.
|
Existing block and lot numbers appear on the
township Tax Map.
| ||
|
C.
|
1.
2.
3.
4.
|
North arrow.
Name, title and address of the owner or owners
of record.
Name, title, address and telephone number of
the applicant.
Graphic scale.
| |
|
D.
|
Certification that the applicant is the owner
of the land or his properly authorized agent, or that the owner has
given his consent under an option agreement.
| ||
|
E.
|
Approval signature lines:
| ||
|
1.
2.
|
Chairman.
Secretary.
| ||
|
F.
|
Acreage to the nearest hundredth of an acre
and a computation of the area of the tract to be disturbed.
| ||
|
G.
|
Identification of wetlands per NJ Freshwater
Wetlands Act. (Affidavit of compliance required) or permit from Army
Corps of Engineers.
| ||
|
H.
|
Identification of the flood hazard area per
FEMA maps, dated October 15, 1985 as revised or submission of a perfected
LOMA.
| ||
|
I.
|
The location of all existing watercourses, wooded
areas, and major trees (trees with a six-inch or greater caliper as
measured three feet above ground shall be individually identified
if they are to be disturbed during construction), easements, right-of-way
and streets.
| ||
|
J.
|
All existing lot lines per Borough Tax Map;
setbacks and yard dimensions as proposed, together with a table listing
the required bulk areas for the zone, the proposed bulk dimensions
and clearly identifying all variances required.
| ||
|
K.
|
Preliminary architectural plans for the proposed
building or structure, indicating typical floor plans, elevations,
height and general design or architectural styling.
| ||
|
L.
|
The location of the septic system if the structure
is not served by sanitary sewer.
| ||
|
M.
|
The location of all existing and proposed principal
buildings or structures and the location of all existing and proposed
accessory structures or buildings and the distance to the nearest
property line for each.
| ||
|
N.
|
The location, quantity and type of off-street
parking where provided.
| ||
|
IN THE CASE OF BIFURCATED APPLICATIONS, THE
APPLICANT SHALL SUBMIT THE APPROPRIATE SITE PLAN OR SUBDIVISION PLANS
TO THIS BOARD FOR REVIEW FOLLOWING THE APPROVAL OF A USE VARIANCE:
THE SITE PLAN OR SUBDIVISION APPLICATION SHALL BE DEEMED COMPLETE
ONCE THEY ARE IN CONFORMANCE WITH THE APPROPRIATE CHECKLIST.
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WHERE THE APPLICANT IS REQUESTING SIMULTANEOUS
REVIEW OF THE USE VARIANCE AND THE SITE PLAN OR SUBDIVISION, NEITHER
APPLICATION WILL BE DEEMED COMPLETE UNTIL ALL ITEMS ON THE APPROPRIATE
CHECKLISTS ARE SATISFIED.
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A.
General provisions.
(1)
All applicable fees shall accompany the appropriate
application. Deposits and guaranties shall be submitted as provided
by ordinance.
(2)
All fees, deposits and guaranties shall be posted
with the administrative officer. Said fees, deposits and guaranties
shall be in cash or certified or bank check payable to the Board of
Riverdale.
(3)
Acceptable guaranties shall include, inter alia, irrevocable
letters of credit issued by banking institutions authorized to do
business within the State of New Jersey, as approved by the governing
body. Acceptable guaranties shall also include bonding issued by a
surety company authorized to issue surety bonds by the Department
of Insurance of the State of New Jersey. The aforementioned guaranties
shall be approved as to form and substance by the Borough Engineer
and the Borough Attorney.
B.
Fees for traffic reports and/or environmental impact
statement reports. If review of an application for a site plan or
subdivision requires the review of a traffic or circulation report
or an environmental impact statement, or both, an additional fee of
$500 shall be paid for each such review.
C.
Fees for construction permits. At the time of filing,
a filing fee in the amount of $150 shall be paid. Additionally, fees
shall be submitted in accordance with the following schedule:
|
Type
|
Fee
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|---|---|---|
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Site layout and clearing
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$200.00
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Drainage piping, per linear foot
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$0.25
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Inlets and manholes, per unit
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$15.00
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Headwalls, per unit
|
$15.00
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|
Detention/retention basin, per unit
|
$100.00
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|
Streams, swale or ditch construction, construction,
per linear foot
|
$0.25
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Sanitary piping, per linear foot
|
$0.50
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|
Manholes, per unit
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$15.00
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House connections, per unit
|
$15.00
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Connections to existing service
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$75.00
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Water piping, per linear foot
|
$0.50
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Valves or fire hydrant, per unit
|
$15.00
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Connection to existing service
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$75.00
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House connections, per unit
|
$15.00
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Roadway or parking areas
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Curbing, per linear foot
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$0.15
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Subbase, per square yard
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$0.25
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Base, per square yard
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$0.25
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Surface, per square yard
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$0.25
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Concrete structures
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Precast, per unit
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$50.00
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Cast-in-place, per cubic yard
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$10.00
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Mechanical equipment
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For testing and start-up of all equipment (per
inspection), per hour
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$100.00
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Playgrounds, fields or athletic facilities (per
specific field, court or area)
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$100.00
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D.
Fees for transcripts.
(1)
If the approving authority provides a written transcript,
the applicant for same shall submit a deposit of $50 or the estimated
cost of such transcription, whichever is less.
(2)
The approving authority in furnishing a transcript
of the proceedings to an interested party shall not charge such interested
party more than the maximum permitted in N.J.S.A. 2A:11-15.[2] Said transcript shall be certified in writing by the transcriber
to be accurate.
[2]
Editor's Note: Former N.J.S.A. 2A:11-15 was
repealed by L. 1991, c. 119, § 4, effective 4-25-1991.
(3)
If the approving authority provides a duplicate recording
in lieu of a written transcript, the applicant for same shall submit
a fee of $15, plus an additional $5 for each tape provided.
E.
Fees for copies of documents. The fee for copies of
any documents shall be $0.25 per page up to a maximum of $25 per document.
F.
Fees for appeals to governing body. (Reserved)
A.
When required. The approving authority shall hold
a hearing on each application for development. The approving authority
shall make the rules governing such hearings. Corporations shall be
represented by an attorney.
B.
Availability of maps and documents prior to hearing.
(1)
Any maps and documents for which approval is sought
at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing, during normal business
hours in the office of the administrative officer.
(2)
The applicant may produce other documents, records
or testimony at the hearing to substantiate or clarify or supplement
the previously filed maps and documents.
(3)
A copy of the certified list of the property owners
to be served, a copy of the notice delivered and an affidavit executed
by the applicant that notice has been given, as well as any certified
mail receipts, shall be submitted to the approving authority prior
to the commencement of the public hearing.
C.
Notice of public hearing, when required.
(1)
Notice of a public hearing, as provided in Subsections F and G herein, shall be required for all applications for development, except for minor subdivisions and minor site plans, final major subdivisions and final major site plans, provided that none of the foregoing involve requests for variances or conditional use approval.
(2)
Notice shall be given at least 10 days prior to the
date of public hearing.
D.
Contents of notice. Said notice shall state the date,
time and place of the hearing, the nature of the matters to be considered
and identification of the property proposed for development by street
address, if any, and block and lot numbers, as shown on the current
tax duplicate in the office of the Borough Tax Assessor. The notice
shall also indicate that the maps and documents shall be available
in the office of the administrative officer during normal business
hours.
E.
Certification of list of persons entitled to notice.
Upon the written request of an applicant, the administrative officer
shall, within seven days, make and certify a list from said current
tax duplicates of names and addresses of owners to whom the applicant
is required to give notice. The applicant shall be entitled to rely
upon the information contained in such list, and failure to give notice
to any owner not on the list shall not invalidate any hearing or proceeding.
F.
Required notification.
(1)
The applicant shall provide that, where notice is required pursuant to Subsection C herein, notice of a hearing on an application for the development of property shall be given by personal service or certified mail to the owners of all real property as shown on the current tax duplicate and within 200 feet in all directions of the property which is the subject of the hearing, including property owners outside the municipality located in the State of New Jersey.
(2)
Notice of hearings on applications for development
shall also be provided in accordance with the above-stated procedures,
where applicable, to:
(a)
The Clerk of an adjoining municipality where
the property in question is within 200 feet of such adjacent municipality.
(b)
The Morris County Planning Board where the property
is adjacent to an existing county road or proposed road shown on the
Official County Map or on the County Master Plan or adjoins other
county land or is situated within 200 feet of a municipal boundary.
(c)
The Commissioner of Transportation where the
property is adjacent to a state highway.
(d)
The Director of the Division of State and Regional
Planning in the New Jersey Department of Community Affairs for an
application exceeding 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be filed
with the administrative officer of Riverdale.
(e)
Any other individuals, persons, firms, partnerships,
corporations and governmental agencies requiring notice pursuant to
N.J.S.A. 40:55D-12 of the Municipal Land Use Law.
(3)
Any notice made by certified mail shall be deemed
complete upon mailing.
G.
Newspaper publication. The secretary of the approving
authority shall cause notice of the public hearing on all development
applications to be published in the official newspaper of general
circulation in the Borough at least ten (10) days prior to the public
hearing, except for minor site plan applications.
H.
Notification of decision.
(1)
Each decision of the approving authority shall be
in writing and shall include findings of fact and conclusions based
thereon.
(2)
In accordance with N.J.S.A. 40:55D-10, the approving
authority shall provide notice of its decision in the following manner:
(a)
A copy of the decision shall be mailed by the approving authority within 10 days of the date of the decision to the applicant or, if represented, then to his attorney, without separate charge, and to all who request a copy of the decision, for a fee as provided in § 149-9 herein.
(b)
A copy of the decision shall also be filed by the approving authority in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a fee as provided in § 149-9 herein and available for public inspection in the office of the administrative officer during normal business hours.
(c)
A brief notice of the decision shall be published
in the official newspaper of the Borough. Such publication shall be
arranged by the secretary of the approving authority, provided that
nothing contained herein shall be construed as preventing the applicant
from arranging such publication if he so desires. The period of time
in which an appeal of the decision may be made shall run from the
first publication of the decision whether arranged by the municipality
or the applicant.
I.
Verbatim recording required. The approving authority
shall provide for the verbatim recording of the proceedings by either
stenographic, mechanical or electronic means for public hearings.
The approving authority shall furnish a transcript, or duplicate recording
in lieu thereof, on request to any interested party at that party's
expense.
A.
The rules, regulations and standards contained herein
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 under the terms of this chapter shall give primary
consideration to the above-mentioned matters and to the welfare of
the entire community.
B.
The approving authority when acting upon applications
for preliminary or minor subdivision approval shall have the power
to grant such exceptions from the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions for subdivision review and approval if the literal
enforcement of one or more provisions of this chapter is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
C.
The approving authority when acting upon applications
for preliminary site plan approval shall have the power to grant such
exceptions from the requirements for site plan approval as may be
reasonable and within the general purpose and intent of the provisions
for site plan review and approval if the literal enforcement of one
or more provisions of the chapter is impracticable or will exact undue
hardship because of peculiar conditions pertaining to the land in
question.
A.
The grant of any approval for subdivisions or site
plans shall be conditioned upon the following:
(1)
A memorialization shall be required, prepared by the
approving authority's attorney, setting forth the obligations of the
applicant in connection with the approval.
(2)
The installation and maintenance of on- and off-tract
improvements in accordance with this chapter.
(4)
Whenever an easement or dedication or reservation
of land for public use is required, the applicant shall submit an
instrument, duly executed and acknowledged by the applicant in recordable
form, setting forth the metes and bounds of the easement or land dedicated
or reserved for public purposes. Said instrument shall also set forth
the purpose of the easement, dedication or reservation. Deeds for
any easements, streets or public lands shall be in a form satisfactory
to the approving authority's attorney and the approving authority
engineering consultant.
(5)
Evidence of compliance with any other conditions imposed
by the approving authority.
(6)
Payment of any outstanding fees associated with professional
reviews and work, recording fees, administrative costs or other costs,
where applicable.
(7)
Proof of payment of all taxes and assessments for
local improvements by the Tax Collector of the Board of Riverdale.
(8)
Deposit of any funds to reimburse the approving authority
and Borough for cost incurred or outstanding and due to the Borough.
(9)
Approval of a subdivision may be conditioned upon
development of a lot or lots in conformity with an approved lot development
plan.
(10)
In the event that an application for development
is granted approval, conditioned upon the approval of another governmental
agency or agencies, the grant of the approval by the approving authority
shall be null and void if approval by the governmental agency or agencies
is not obtained or is inconsistent with the terms of said approving
authority approval.
(11)
For minor subdivision, preliminary major subdivision
or preliminary major site plan applications, in any development requiring
centralized water facilities and/or sanitary sewerage facilities from
any agency or authority, the applicant shall be required to provide
evidence of approval for the location, design and facilities from
said agency or authority concerning said utilities.
(12)
If a flood hazard area or watercourse with a
tributary equal to or greater than 150 acres is within or adjacent
to the lot under consideration, the approving authority shall require
that application be made to, or statement of exemption received from,
the Department of Environmental Protection, Division of Water Resources
for Stream Encroachment, for any proposed development or subdivision
of the land.
(14)
Any application requiring approval by the County
Planning Board or other governmental agencies shall be submitted by
the applicant to said Board or agencies for review and approval. Except
as otherwise provided in this chapter, the approval of an application
shall be conditioned upon timely receipt of a favorable report on
the application by said Board or agencies or upon approval by their
failure to report thereon within the required time period.
(15)
No work shall be commenced subsequent to approval
by the approving authority unless and until all approvals by other
governmental agencies are secured and notice and approval from the
appropriate municipal agencies are obtained, including the Borough
Engineer and Construction Official, and until a construction permit
and/or building permit is issued.
(16)
For site plans and final major subdivisions,
all conditions of approval shall be satisfied within 90 days of the
date of grant of said approval by the approving authority.
(17)
Any other conditions upon which approval shall
be conditioned or granted.
B.
Failure of an applicant to satisfy the aforementioned
conditions shall nullify any grant of approval.
A.
An applicant granted a final site plan or final major
subdivision approval shall execute a developer's agreement with the
municipality, which agreement shall be in recordable form.
B.
The agreement shall include a reiteration of the terms
of approval and provisions for the following:
(1)
Performance and maintenance guaranties.
(2)
Inspection fees and costs and escrows.
(3)
On-site and off-site improvements.
(4)
Dedication of land and easements to the Borough.
(5)
On-site and off-site drainage improvements dedicated
to the Borough.
(6)
Soil removal and mining.
(7)
Such other matters as are necessary to protect the
Borough's interest in reference to the development.
