A.
Approval of subdivisions shall be by resolution of the Planning Board
as a condition for filing of such plats with the county recorder.
Approval of site plans shall be by resolution of the Planning Board
as a condition for the issuance of a building permit.
(1)
The Zoning Board of Adjustment shall review under the provisions
of N.J.S.A. 40:55D-76b.
B.
All ordinances which regulate land development or amendments thereto
within Buena Borough shall be referred to the Planning Board pursuant
to the requirements of N.J.S.A. 40:55D-26.
C.
Each application for subdivision approval, where required by Section
5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), and each application
for site plan approval, where required by Section 8 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.6), shall be submitted by the applicant to
the County Planning Board for review and approval. The Planning Board
shall condition its approval upon timely receipt of a favorable report
from the County Planning Board or approval by the County Board by
its failure to act within the required time period.
A.
The provisions for submission and processing of applications for
development, including standards for preliminary and final approval
as set forth in this chapter, shall be deemed to be the minimum requirements
for Planning Board approval.
B.
These provisions are intended to and shall be applied to ensure:
(1)
Consistency of the layout of the development with the zoning requirements
of this chapter.
(2)
That streets in the land development shall be properly designed and
graded to accommodate prospective traffic, provide access for emergency
vehicles, be coordinated with the Official Map and the circulation
element of the Master Plan and be so oriented as to maximize solar
gain, provided that no street is wider than 50 feet between the right-of-way
lines unless said street extends an existing street of greater width
or is shown on the Master Plan or Official Map at a greater width.
(3)
Adequate water supply, drainage, shade trees, sewerage facilities
and other utilities necessary for essential services to residents.
(4)
Suitable size, shape and location for areas reserved for public use
pursuant to N.J.S.A. 40:55D-44.
(5)
That open space, set aside for residents of a planned development,
if any, is protected by the establishment of an open space organization.
(6)
That lands subject to flooding are effectively regulated to avoid
danger to life and property.
(7)
That soils are protected and conserved from erosion by wind or water
or from excavation or grading.
(8)
That plans conform to standards set by the Commissioner of Transportation
pursuant to the Air Safety and Hazardous Zoning Act of 1983, P.L.
1983, c. 260 (N.J.S.A. 6:1-80 et seq.).
(9)
Conformity to the municipal recycling ordinance required pursuant
to Section 6 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.16).
(10)
Conformity to the State Highway Access Management Code adopted
by the Commissioner of Transportation under Section 3 of the State
Highway Access Management Act, P.L. 1989, c. 32 (N.J.S.A. 27:7-91),
with respect to any state highway within Buena Borough.
(11)
Conformity to any access management code adopted by the county
under N.J.S.A. 27:16-1 with respect to county roads within Buena Borough.
(12)
Conformity to any municipal access management code adopted under
N.J.S.A. 40:67-1 with respect to municipal streets.
(13)
Protection of potable water supply reservoirs from pollution
or degradation of water quality resulting from the development, or
other uses of surrounding land areas, in accordance with guidelines
adopted by the Department of Environmental Protection.
(14)
Adherence to provisions governing the standards set by this
chapter for grading, improvements and construction of streets or drives
and for required walkways, curbs, gutters, streetlights, shade trees,
fire hydrants and water, sewer and drainage facilities, as well as
other improvements found necessary; and adherence to provisions insuring
completion of all said improvements as provided under the surety regulations
set forth herein.
(16)
Provisions ensuring performance in substantial accordance with
the final development plan, provided that the Planning Board may permit
deviation, if caused by change of conditions since final approval
which are beyond the developer's control and if the deviation would
not substantially alter the character of the development or substantially
impair the intent and purpose of the Master Plan and Zoning Article.
A.
As required, the development plan shall include:
(1)
Provisions for off-tract water, sewer, drainage and improvement of existing streets which are necessitated by a land development subject to § 150-53 of this Article. [NOTE: N.J.S.A. 40:55D-39b and c (1) through (6) deal with planned (unit) residential developments.]
(2)
Provisions ensuring, in the case of development which proposes construction
over a period of years, the protection of the interests of the public
and the residents, occupants and owners of the proposed development
in the total completion of the development.
(3)
Submission of proof that no taxes or assessments for local improvements
are due or delinquent on the property for which development application
is made.
B.
Favorable recommendation from the Site Plan Review Advisory Committee
shall be required prior to Planning Board approval.
A.
A minor subdivision shall create no more than two new lots (not including
the remainder lot), provided that such subdivision does not involve
a planned development, any new street or the extension of any off-tract
improvement.
B.
The Planning Board may encourage and promote flexibility, economy and environmental soundness in layout and design, in accordance with which the Board may approve the varying within a conventional subdivision of lot areas, dimensions, yards and setbacks otherwise required under Article XV of this chapter, in such a way that the average lot areas, dimensions, yards and setbacks within the subdivision conform to Article XV, provided that such standards shall be appropriate to the type of development permitted.
Except as provided under Sections §§ 150-49 and 150-50 of this article, the Planning Board shall impose standards prior to site plan approval which:
A.
Preserve the existing natural resources of the site.
B.
Promote safe and efficient vehicular and pedestrian circulation,
parking and loading.
C.
Provide for screening, landscaping and the location of structures.
D.
Provide for exterior lighting needed for safety purposes, as well
as streetlighting.
E.
Provide for the conservation of energy and use of renewable energy
sources.
F.
Provide for the recycling of designated recyclable materials.
A.
As a consideration for approval of a subdivision or site plan, a
developer shall pay his pro rata share of the cost of providing only
reasonable and necessary street improvements and water, sewer and
drainage facilities, and easements therefor, located outside the property
limits of the subdivision or development but necessitated or required
by construction or improvements within such subdivision or development.
B.
Such regulations shall be based on the provisions of the Master Plan,
specifically N.J.S.A. 40:55D-28b, specifically Subsections (4) and
(5). Fair and reasonable standards shall be established to determine
the pro rata amount of the costs which shall be borne by each developer
or property owner within related and common areas. Such standards
shall not be altered subsequent to preliminary approval.
C.
If a developer pays his pro rata share under protest, he shall institute
legal action within one year of such payment in order to preserve
the right to a judicial determination as to the fairness of such amount.
A.
When the Master Plan or the Official Map provides for the reservation
of designated streets, public drainageways, flood control basins or
public areas which are within a proposed development, the Planning
Board shall require that such streets, ways, basins or areas be shown
on the plat in the location and sizes suitable for their intended
use, prior to final approval of the subdivision or site plan.
B.
The Planning Board shall reserve said areas as shown on the plat
for a period of one year after the date of initial approval or within
such further time as may be agreed to by the developer.
C.
Unless, during such period, Buena Borough shall have entered into
a contract to purchase or institute condemnation proceedings according
to law for the fee or a lesser interest in the lands comprising such
streets, ways, basins or areas, the developer shall not be bound by
such reservations and may proceed to use such land for private use
in accordance with applicable development regulations. These provisions
shall not apply to the streets, roads, flood control basins or public
drainageways necessitated by the subdivision or land development and
required for final approval.
D.
The developer shall be entitled to just compensation as provided
under N.J.S.A. 40:55D-44, and an ordinance shall provide the procedure
for the payment of compensation under this section.
A.
The developer shall submit a site plan and such other information
as is reasonably necessary to make an informed decision as to whether
or not the requirements for preliminary site approval have been met.
B.
If the Planning Board requires any substantial changes proposed by
the developer that have been the subject of a hearing, an amended
application for development shall be submitted and processed as with
the original.
C.
If a site plan involves 10 acres of land or less and 10 dwelling
units or fewer, the Planning Board shall grant or deny preliminary
approval within 45 days of the submission date of a completed application.
If a site plan involves more than 10 acres or more than 10 dwelling
units, the Planning Board shall grant or deny preliminary approval
within 95 days of the submission date of a complete application. Otherwise,
the Planning Board shall be deemed to have granted preliminary approval
of the site plan.
A.
The Planning Board shall waive notice and public hearing for a development if the Board or Site Plan Committee of the Board finds that the application conforms to the definition of "minor site plan." Approval of said plans shall be deemed to be final approval of the site plan by the Board, provided that the Board or Committee appointed by the Chairman may condition such approval on the provision of improvements as required under §§ 150-49, 150-50 and 150-52.
B.
Minor site plan approval shall be granted or denied within 45 days
of the date a complete application has been submitted, or within such
further time as may be agreed to by the applicant. Failure of the
Board to act within such period shall constitute minor site plan approval.
C.
When review or approval is required by the County Planning Board
under Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Planning
Board shall condition its approval upon timely receipt of a favorable
report from the county.
D.
The zoning requirements and other conditions of the approval granted
shall not be changed for a period of two years after the date the
minor site plan was approved.
A.
The Planning Board shall waive notice and public hearing for a development if the Board or Subdivision Committee of the Board finds that the application conforms to the definition of "minor subdivision." Approval of said plan shall be deemed final, provided that the Board or Committee of the Board ensures the provision of improvements pursuant to §§ 150-49, 150-51 and 150-53.
B.
Minor subdivision approval shall be granted within 45 days. Failure
of the Board to act within this period shall constitute final approval,
and a certificate as to the failure of the Board to act shall be issued
on request of the applicant; and it shall be sufficient in lieu of
evidence of approval herein required and accepted by the county recorder
for filing purposes.
C.
When review or approval is required by the County Planning Board
under Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Planning
Board shall condition its approval upon the timely receipt of a favorable
report from the county or approval by the County Planning Board by
its failure to report thereon within the required time period.
D.
Approval of a minor subdivision shall expire 190 days from the date
of approval unless the approval plat has been filed under the provision
of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.)
or a deed clearly describing the approved minor subdivision is filed
by the developer with the county recorder, the Borough Engineer and
the Borough Tax Assessor. A plat or deed accepted for filing shall
have been signed by the Chairman and Secretary of the Planning Board.
E.
The zoning requirements and other conditions of approval granted
shall not be changed for a period of two years from the date of minor
subdivision approval.
A.
The developer shall submit a plat and such other information as is
reasonably necessary to make an informed decision as to whether the
requirements necessary for preliminary approval have been met.
B.
If the Board requires substantial amendment of the layout proposed
by the developer that has been the subject of a hearing, an amended
application shall be submitted, processed as with the original.
C.
If a major subdivision comprises fewer than 10 lots, the Planning
Board shall grant or deny approval within 45 days after the submission
of a complete application. If a major subdivision comprises more than
10 lots, Planning Board action shall be taken within 95 days. Otherwise,
preliminary approval shall be deemed granted.
A.
List of stockholders owning 10% of stock or ten-percent interest
in partnership. A corporation or partnership applying to the municipal
Boards or governing body for approval to divide land into six or more
lots or for a variance to construct a dwelling of 25 or more units
or for approval of a site to be used for commercial purposes shall
list the names and addresses of all stockholders or partners owning
at least 10% of its stock of any class or at least ten-percent interest
in the partnership.
B.
Disclosure of ten-percent ownership interest of corporation or partnership which is ten-percent owner of applying corporation or partnership. Subject to Subsection A above, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or 10% or greater interest in the partnership, and this requirement shall be followed by every stockholder or partner until the names and addresses of the noncorporate stockholder and individual partners exceeding the ten-percent ownership criterion have been listed.
D.
Concealing ownership interest; fine. Failure to comply with Subsections A and B of this section shall subject said corporation or partnership to a fine in the minimum amount of $1,000 to a maximum amount of $10,000, which shall be recovered pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-2 et seq.).
A.
Approvals pursuant to §§ 150-55 and 150-58 of this article shall, except as provided under Subsection B herein, confer upon the applicant the following rights for a three-year period from the date of preliminary approval:
(1)
That the general terms and conditions of preliminary approval shall not be changed, including 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 pursuant to § 150-52 of this article.
(2)
That the applicant may submit for final approval the whole or part
of the development within the three-year period.
(3)
That the applicant may apply for and the Planning Board may grant
extensions of preliminary approval for 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 shall
govern.
B.
In the case of a development comprising 50 acres or more, the Planning Board may grant the rights cited under Subsection A(1), (2) and (3) for longer than three years after consideration of the number of dwelling units and nonresidential floor area, the economic conditions and the comprehensiveness of the development. Further extensions shall be governed by the above considerations as well as the potential number of dwelling units and nonresidential floor area awaiting final approval, provided that if the design standards have been revised, such revised standards shall apply.
A.
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates conform to the standards set under Article VIII, the conditions of preliminary approval and, in the case of a major subdivision, the provisions of the Map Filing Law.[1]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Final approval shall be granted within 45 days and, where appropriate,
shall be conditioned on a favorable review by the County Planning
Board or approval by the County Planning Board by its failure to report
thereon within the required time period. Failure to act within the
time period shall constitute final approval.
A.
The Planning Board has the power to grant such exceptions from the
requirements for subdivision approval as are reasonable and within
the general purpose and intent of the provisions for review and approval
contained in this chapter, if the literal enforcement of said provisions
is impractical or will exact undue hardship because of peculiar conditions
pertaining to the land in question.
B.
The Planning Board has the power to grant exceptions from the requirements for site plan review and approval under the same conditions cited under Subsection A above.
C.
The Planning Board has the power to review and approve or deny conditional
uses or site plans simultaneously with review for subdivision approval
under one application from the developer. The longest time specified
herein for action by the Board shall apply. If a conditional use is
sought, the developer shall so specify in the notice of hearing.
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer by § 150-60 above shall not be changed for a period of two years after the date of final approval, provided that said rights shall expire if the major subdivision has not been duly recorded as specified under § 150-66 below. If the developer has followed the standards for final approval and, in the case of a major subdivision, filed the plat, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. The granting of final approval for any section terminates the period of preliminary approval for that section.
B.
In the case of a subdivision or a site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more or site plan for nonresidential floor area of 200,000 square feet of floor area or more, the Planning Board may grant the rights cited in Subsection A above for longer than two years as shall be determined to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the economic conditions and the comprehensiveness of the development. Applications for further extensions of said rights may be approved after the Board reviews in the same manner as it reviewed the first extension and also includes consideration of the number of units or floor area remaining to be developed.
C.
The duration
of final approval of a major subdivision or major site plan shall
be the same as the period of zoning protection permitted in this section
as noted above.
[Added 8-13-2018 by Ord.
No. 669]
[Amended 9-8-1998 by Ord.
No. 457; 8-13-2018 by Ord. No. 669]
A.
Before filing of final major subdivision plats, or recording of minor
subdivision plats or deeds, or as a condition of final site plan approval,
or as a condition to the issuance of a zoning permit pursuant to N.J.S.A.
40:55D-65(d), the Borough shall require and shall accept, in accordance
with the standards in this chapter and the regulations contained in
N.J.S.A. 40:55D-53, as amended, the furnishing of performance guarantees
and provision for maintenance guarantees, for the purpose of assuring
the installation and maintenance of certain on-tract improvements.
More specifically, the Borough shall require the furnishing of a performance
guarantee for improvements required by an approval or developer's
agreement, ordinance or regulation to be dedicated to a public entity
that have not yet been installed; a performance guarantee for privately
owned perimeter buffer landscaping; a temporary certificate of occupancy
guarantee; a safety and stabilization guarantee; and provision for
a maintenance guarantee, for the purpose of assuring the installation
and maintenance of certain on-tract improvements; and a maintenance
guarantee for the purpose of assuring the installation and maintenance
of certain private site improvements, in accordance with the standards
in this chapter and the regulations contained in N.J.S.A. 49:55D-53,
as amended.
B.
In addition to the requirements stipulated in N.J.S.A. 40:55D-65(d)(1),
the request submitted by the obligor upon substantial completion of
all required street improvements (except for the top course) and appurtenant
utility improvements shall also be accompanied by as-built plans that
shall indicate plan view, bench mark, elevations, stations, sanitary
sewer, water main, gas main, storm sewer, manholes and all other structures
associated with the work of the application with sufficient information
to locate all facilities. Underground utilities shall be shown in
plan and profile views. Where survey accuracy is not utilized for
the establishment of NJSPC, sub-meter coordinates shall be used and
noted on the plans. The as-built information shall be blocked in as
thus 100.00' and shown on the originally approved construction drawings.
Each sheet of the originally approved set shall contain an as-built
certificate that shall read as follows:
|
AS-BUILT CERTIFICATION
| |
|
I hereby certify that the information shown on this record drawing
is an accurate and complete representation of data established from
field inspection obtained under my direction and that the facility
or facilities have been constructed according to the approved plans,
except as noted hereon.
| |
|
Name
|
NJPE License No.
|
|
Title
|
Date
|
A.
Final approval of a major subdivision shall expire 95 days after
the signing of the plat unless the plat has been duly filed by the
developer with the county recording officer. For good cause the Planning
Board may extend the period for recording but not to exceed 190 days
from the date of signing.
B.
No subdivision plat shall be accepted by the County Clerk for recording unless it has been approved by the Planning Board as indicated by the signatures of the Chairman and Secretary or a certificate issued pursuant to §§ 150-57, 150-61 and 150-70 of this article, § 150-35 of Article III (Ancillary Powers of Planning Board); § 150-116 of Article XV (General Zoning Provisions) and § 150-245 of Article XXI (Zoning Board of Adjustment). No signatures shall be affixed until the developer has posted the guaranties as set forth in § 150-64 of this article. If the County Clerk records any plat without such approval, the recording shall be null and void and, at the request of Buena Borough, shall be expunged from the official records.
C.
The County Clerk shall notify the Planning Board within seven days
of the filing of any plat, identifying it by title, date of filing
and official number.
At the same time the County Clerk notifies the Planning Board
of the filing of a subdivision plat, he shall send a copy of such
notification to the Tax Assessor.
A.
If, before final subdivision approval, a person transfers or sells
or agrees to transfer or sell, except by agreement expressly conditioned
on final approval, any land which forms part of a subdivision requiring
Board approval, such person shall be subject to a penalty not to exceed
$1,000 and each lot so disposed shall be deemed a separate violation.
B.
In addition, Buena Borough may institute and maintain a civil action for injunctive relief and may set aside and invalidate any conveyance if a certificate of compliance has not been issued pursuant to § 150-69 of this article.
C.
The transferee, purchaser or grantee shall be entitled to a lien
on the remainder of land in the development to secure the return of
deposits made or the purchase price paid, as well as for fees and
expenses incurred. If the instrument of transfer has been recorded,
action shall be taken within two years of such recording; if unrecorded,
within six years.
A.
Any person having an interest in land which forms part of a subdivision
may apply in writing to the Secretary of the Planning Board for the
issuance of a certificate certifying whether or not the subdivision
has been approved by the Planning Board. A diagram showing the location
and dimensions of the land to be covered by the certificate and the
name of the owner shall be included in the application.
B.
The Secretary shall issue such certificate within 15 days after receipt
of the application and a fee of $3 and shall keep a duplicate copy
of each certificate consecutively numbered, showing the fee charged,
in a binder as a permanent record. Each certificate shall be designated
a "certificate as to approval of subdivision of land" and shall certify:
(1)
That there is a duly established Planning Board in Buena Borough
and an ordinance controlling land subdivision under statutory authority.
(2)
Whether subdivision of the land shown in the application has been
approved by the Board, the date of approval, and any extensions and
the terms of approval, and that the subdivision is valid.
(3)
Whether, if said subdivision has not been approved, it is statutorily
exempt.
A.
A person who acquires, for a valuable consideration, an interest in land covered by a certificate of approval of a subdivision in reliance on the information therein shall hold such interest free of any right, remedy or action which could be prosecuted by Buena Borough pursuant to § 150-68.
B.
Such rights shall also apply if the certificate of approval applied
for is not issued within 15 days.
C.
If an application for the issuance of a certificate of approval is
addressed to the Borough Clerk, it shall be deemed to be addressed
to the Secretary of the Board, and Buena Borough shall be bound thereby
as though properly addressed.
The development regulations of this chapter shall be applied
without regard to the form of ownership. No requirements governing
use, location, placement or construction of buildings or improvements
for condominiums or cooperatives shall be required unless such requirements
are equally applicable to buildings and improvements of the same kind
not under the condominium or cooperative form of ownership. No approval
shall be required as a condition precedent to the recording of a condominium
master deed or the sale of any unit therein.
