Borough of Roselle, NJ Procedure for Subdivision Approval

The Land Use Administrator shall forward, upon receipt of a subdivision application in proper form with requisite fees, a copy of said application to the Borough Engineer for his/her preliminary determination of completeness and classification of the subdivision. Alternatively, the Land Use Administrator may determine completeness. A determination of completeness shall be made within seven business days of the filing date whether the application is complete or noting items omitted or other deviations of ordinances.

If the application is deemed to be complete, the Land Use Administrator shall distribute copies as stipulated within this Chapter 650 for the appropriate subdivision review state. The Planning Board may also designate other local or higher governmental agencies to receive copies of any application for review and recommendation beyond those agencies stipulated in this Chapter 650. If the application is found to be incomplete or in violation of any applicable codes and ordinances, the applicant shall be notified by certified mail as to the items omitted or other deviations of ordinances.

Classification.

The Land Use Administrator shall determine whether the Planning Board or Zoning Board of Adjustment has approval jurisdiction on the application. The Land Use Administrator may confer with the Borough Attorney in making this determination.

The Land Use Administrator shall classify the application as either a minor or major subdivision.

§ 650-37 Development Review Committee review.

The Development Review Committee shall review the completed application and report back to the Planning Board within 30 days after the filing date of a subdivision application.

§ 650-38 Requirements for sketch, preliminary and/or final plat stages.

Map details. All maps or plans submitted for subdivision plat review shall contain the following information in addition to specific plat details as required for each approval stage noted herein:

The title and location of the property.

The name and address of the landowner and applicant. If a corporation is the landowner or applicant, the principal office and the name of the president and secretary shall be included.

The name, address and professional license number and seal of the professional preparing documents and drawings. All plats, except those prepared at the sketch stage, shall be signed and sealed by a licensed land surveyor of the State of New Jersey.

The place for the signature of the Chair and Secretary of the Planning Board and Health Officer.

The date of the plat and any modifications thereto.

The following legends shall be on the plat map:

(Sketch)/(Preliminary)/(Final)
Subdivision of __________
Lot _____ Block _____
Zone
Date, Scale
Applicant
Address
Subdivision Control Number
I consent to the filing of this subdivision plat with the Planning Board of Roselle Borough.
(Owner)	(Date)
I hereby certify that all the required improvements have been installed or a bond posted in compliance with all applicable codes and ordinances. (Only for final plat of a major subdivision.)
(Borough Engineer)	(Date)
(Borough Clerk)	(Date)
Building Permit Issued	(Date)
Verification that payment of municipal taxes or assessments is current. (Only for final plat for major or sketch plant for minor.)
(Tax Collector)	(Date)

In addition to the legends required under Subsection A(6) above, the appropriate approval signature block is to be incorporated:

Minor Subdivision Approved	(Date of Board Approval)
(Chair)	(Date)
(Board Secretary)	(Date)
Deed to subdivision must be filed with County Clerk within 190 days of date of Board approval.
Expiration of Approval (Date: Minor = 2 years)

Major Subdivision Approved (Preliminary/Final)	(Date of Board Approval)
(Chair)	(Date)
(Board Secretary)	(Date)
Expiration of Approval (Date: Major preliminary = 3 years, Major final = 2 years)

Other information. The Planning Board may require such additional information not specified in this Chapter 650 or revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application have been met. The application shall not be deemed incomplete for lack of any such additional information or revisions in the accompanying documents so required.

§ 650-39 Compliance with other provisions; waiver of information required.

Information and documents required for other Borough codes and ordinances, such as soil erosion and sedimentation plans or stormwater management plans, shall be submitted as part of an application for subdivision approval and may be used to comply with subdivision submission requirements for particular stages as applicable.

The Planning Board may waive submission of any required exhibits in appropriate cases and for specific subdivision plats. Request for such waivers shall accompany a subdivision application and state the reasons why such waiver(s) is being requested.

§ 650-40 Sketch plats for minor or major subdivisions.

Objectives of submission. The sketch plat may be submitted so that it can be informally reviewed to determine the plat's general compliance with applicable Borough ordinances and design requirements as set forth herein. Sketch plats for major subdivisions shall be used as a basis for changes and redesign so as to avoid undue expense and delay in preparing more detailed plans and specifications in subsequent review stages. The Development Review Committee shall not be governed by any statutory time limits in its review of sketch plats for major subdivisions, and it is expressly understood that compliance with Development Review Committee recommendations shall not bind the Planning Board in subsequent deliberations.

Application. Two or more copies of the sketch plat, an application in a form approved by the Planning Board and the requisite fee shall be delivered to the administrative officer, in accordance with the procedures set forth herein.

Sketch plat details. The sketch plat, notwithstanding any other requirement stipulated by this Chapter 650, shall include the submission of the Borough's "Minor Subdivision Checklist" and shall contain the following information, except that the Planning Board may waive any requirement or request additional information where it is clearly appropriate to the particular application.

All plats shall be based on accurate information at a scale of not more than one inch equals 100 feet to enable the entire tract to be shown on one sheet.

A location map showing the entire tract to be subdivided, giving the accurate location of all existing and proposed property and street lines, at a scale of one inch equals 1,000 feet, or larger scale, showing the entire subdivision and its relation to properties within 1/2 mile of the extreme limits of the subdivision, and the zoning classification of the proposed subdivision and of adjacent land.

The location of existing houses, buildings and other structures, with accurate dimensions from all existing and proposed lot lines, wooded areas and isolated trees more than five inches in diameter, and topography with the portion to be subdivided and within 200 feet thereof at twenty-foot, or smaller, contour intervals. (United States Geological Survey topographic quadrant map series are acceptable for topography at this stage.)

The name of the owner, all adjoining property owners and those across existing or proposed streets as disclosed by the most recent Borough tax records.

The Tax Map sheet, date of revision, block and lot numbers and zone district of the tract proposed to be subdivided.

Existing and proposed features. The location of existing or proposed streets, easements, public rights-of-way, streams, bridges, culverts and drainage ditches in and within 500 feet of the subdivision.

The original and proposed lot layout, lot dimensions, all required setback lines and the lot area of each lot in square feet and acreage. Lots shall be designated by letters for minor subdivisions and by consecutive numbers for major subdivisions until given official lot number designations by the Borough Engineer.

(8)

As applicable, the date of original preparation and date of revision, if any, or plat, as well as the old name, if submitted previously under a different title.

(9)

A preliminary environmental impact statement, as outlined in § 650-21.

(10)

A concept landscape plan, prepared by a certified or licensed landscape architect, showing existing woodlands, isolated trees greater than five inches in caliper, existing topographic contours and all other natural features.

(11)

An aerial photograph on the drawings with the site boundaries outlined to evaluate the effects upon surrounding land uses.

(12)

In the case of a minor subdivision if wetlands exist, as per N.J.A.C. 7:7A-1 et seq., Freshwater Wetlands Protection Act, rules are to be complied with prior to submission of plans to the Borough. All areas of wetlands shall be depicted on plans with surveyors metes and bounds information for the out-bounds of such areas. A letter of interpretation issued by the New Jersey Department of Environmental Protection shall be submitted indicating the presence or absence of freshwater wetlands on the parcel in question.

(13)

As a condition precedent to the application for a building permit, a proposed grading plan for each individual lot shall be submitted to the Borough Engineer for review and approval. This plan shall include the proposed building footprint, finished first floor elevation and proposed ground elevations at the following locations: all lot corners, all building corners and at vehicle entrance to a garage. The plan shall also show the proposed finished basement floor elevation, the existing groundwater elevation, the highest seasonally high groundwater elevation, the methods of determining both the existing groundwater elevation and the highest seasonally high groundwater elevation and by whom these determinations were made.

(14)

As-built lot grading plan.

As a condition precedent to the issuance of certificates of occupancy, pursuant to the State Uniform Construction Code, an as-built lot grading plan prepared by a land surveyor licensed in the State of New Jersey shall be submitted to the Construction Official and to the Borough Engineer, bearing a certification that the lot grading complies with the proposed lot grading plan as approved or as amended and approved by the Borough Engineer.

The as-built plan shall be prepared with contours of one-foot intervals and shall include the building footprint, finished first-floor elevation and ground elevations at all lot corners, all building corners, vehicle entrance to a garage, drainage swale inverts between adjacent interrupted landscape berms, the top of the curb adjacent to property corners, the edge of Borough-owned sidewalk adjacent to property corners and at the center of the driveway, inlet grate elevations (private and Borough-owned) and all high points on the lot. The invert and surrounding ground elevation shall be shown for sanitary sewer cleanouts and for sump pump discharge line cleanouts. The plan shall also show the location of the septic system, lateral inverts and D-box outlet inverts, if applicable. All proposed ground elevations shown on the approved proposed grading plan shall be included on the as-built plan.

§ 650-41 Plat approval for minor subdivisions.

Distribution. If classified as a minor subdivision, one copy of the plat shall be retained for the Planning Board file and one copy of the plat shall be forwarded by the Land Use Administrator to each of the following for review and comment:

Planning Board.

Borough Engineer.

County Planning Board.

Construction Official.

Planning Board Attorney.

Other agencies as may be determined by the Planning Board (e.g., Secretary of the School Board, Clerk of adjoining municipality, New Jersey Department of Transportation, etc.).

Action.

The Planning Board shall act within 45 days of the filing date of a complete application for a minor subdivision. The Board shall not approve or conditionally approve the minor subdivision prior to receipt of comments by the above agencies or officials or before 30 days from the filing date has elapsed without any comments, whichever occurs first. Further, the Planning Board shall have the right to approve or change the classification of the subdivision by a majority vote.

If approved, a notation to the effect shall be made on the plat, and it shall be signed by the Planning Board Chair and the Planning Board Secretary and returned to the subdivider within one week following the meeting of the Planning Board at which official action was taken.

If rejected, the reasons for rejection shall be noted on all copies of the application form, one of which shall be returned to the applicant. The Planning Board may attach conditions of approval to any minor subdivision.

Filing with county recording officer.

If approved as a minor subdivision, a plat drawn in compliance with Chapter 141 of the Laws of 1960[1] or deed stamped with the date of the Planning Board approval shall be filed by the subdivider with the county recording officer within 190 days from the date of approval. Failure to file within 190 days shall void said subdivision approval.

[1]

Editor's Note: The Map Filing Law (L. 1960, c. 141) at N.J.S.A. 46:23-9.9 et seq., was repealed 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.

The Planning Board may extend the 190 day period for filing a minor subdivision plat or deed if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

Approved minor subdivisions; municipal distribution. Before the Construction Official issues a building permit for the approved minor subdivision, the applicant shall provide the administrative officer with a certificate of filing from the County Clerk's office. The administrative officer shall distribute copies of the approved subdivision to each of the following:

Borough Engineer: two prints.

Applicant: one print.

Construction Official, for each lot and block file: one print.

Tax Assessor: one print.

County Planning Board: one print.

Planning Board file: one print.

Effect of minor subdivision approval. The granting of minor subdivision approval shall guarantee that the zoning requirements and general terms and conditions upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided herein. Applicants shall be responsible for necessary approvals prior to development as may be required by other Borough codes and ordinances.

§ 650-42 Sketch plat review for major subdivisions.

Distribution. If classified as a major subdivision, one copy of the plat shall be retained by the Planning Board and one copy of the plat shall be forwarded by the Land Use Administrator to each of the following for review and comment:

Development Review Committee.

Borough Engineer.

County Planning Board.

Fire Protection Official.

Other agencies as may be determined by the Planning Board (e.g., the Clerk of the adjoining municipality, New Jersey Department of Transportation, etc.).

Action. The Planning Board shall act upon a recommendation received from the Development Review Committee at a scheduled public meeting. The Planning Board shall approve or disapprove the sketch plat, setting forth reasons therefor, and, if approved, the applicant shall proceed onto the preliminary plat approval stage as stipulated herein.

Effect of sketch plat approval for major subdivision. Sketch plat approval shall be deemed to be approval by the Planning Board only of the concept presented by the sketch plat. No vested rights shall accrue as the result of sketch plat approval.

§ 650-43 Preliminary plat approval for major subdivisions.

Objectives of submission. To transfer the general and approximate ideas of the sketch plat more exactly to a precise base to verify their feasibility before proceeding with detailed construction and engineering documents.

Application. Two or more copies of the preliminary plat, an application in a form approved by the Planning Board and the requisite fee shall be delivered to the Land Use Administrator in accordance with the procedures set forth herein.

Preliminary plat details. The preliminary plat, notwithstanding any other requirement stipulated by this Chapter 650, shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet, shall include the submission of the Borough's "Preliminary Major Subdivision Checklists," and shall contain or be accompanied by the following information, except that the Planning Board may waive any requirement or request additional information where it is clearly appropriate to the particular application:

A key map at a scale not smaller than one inch equals 1,000 feet, showing the relation of the portion to be subdivided to the entire tract and the relation of the entire tract to the neighborhood for at 1,000 feet beyond its boundaries.

The tract name, Tax Map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:

The name and address of the record owner or owners.

The name and address of the subdivider and, if a partnership or corporation, names of all individuals having more than ten-percent ownership.

(c)

The name and address of the person who prepared the plat.

(d)

The names of owners within 200 feet of the subject property.

A survey map, prepared by a licensed surveyor of New Jersey, showing boundaries of the tract to be subdivided, with tract size to the nearest 1/100 of an acre.

Contours. Existing and proposed contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope shall be required. Contours shall be in the United States Coast and Geodetic Control Survey Datum. At least two permanent bench marks for each 50 acres or portion thereof shall be established on opposite ends of the proposed subdivision, and their locations, descriptions and elevations shall be noted on the preliminary plat. Existing contours shall be shown beyond the limits of the subject tract for a distance of at least 200 feet.

The location of existing and required setback lines, proposed building footprints, streets within 200 feet of the subdivision; and the location of existing and proposed buildings, watercourses, floodplains, railroads, bridges, culverts, drainpipes and all natural features, such as wooded areas.

A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.

Plans and profiles showing proposed utility layouts (sanitary sewers, storm drains, water, gas, electric, detention basins, etc.) showing feasible connections to existing or proposed utility systems. Cross sections of streets may be required by the Borough Engineer. Locations of fire hydrants and streetlights shall be established with the aid of the Fire Protection Official and the Borough Engineer, respectively.

(8)

The proposed names of all streets within the subdivision shall be shown and shall be subject to approval by the Planning Board.

(9)

Each block and lot shall be numbered in accordance with the system of numbers, which will ultimately be the numbers shown on the Township Tax Map.

(10)

A drainage plan shall be submitted, which shall show the existing contours and proposed contours, proposed finished grade elevations at street intersections and breaks in grade, proposed rates of grades of streets, locations of drainage sub-basin limits, proposed method of block drainage, including proposed (down) slope arrows and all drainage systems and structures, including sizes and invert and casting elevations. The plan shall be accompanied by a set of drainage computations certified by a professional engineer. Where brook or stream channel improvements are proposed or required, the plans for such improvements shall be approved by the State Department of Environmental Protection or the Union County Planning Board, where applicable.

(11)

All proposed lot lines, dimensioned in feet and tenths, and the approximate area of all lots in square feet, as well as any open spaces proposed to be dedicated for public use.

(12)

When the development of the subdivision or improvements within the subdivision are contingent upon improvements outside the boundaries of said subdivision, information shall be supplied by the subdivider prior to Planning Board consideration for preliminary approval that the improvements outside the subdivision shall be installed and shall be available to the subdivider prior to the issuance of any certificate of occupancy for the project or phase of a project that is the subject of a development application.

(13)

Any open space proposed to be dedicated for public use or playgrounds or other public purpose and the location and use of all such property shall be shown on the plat.

(14)

A statement accompanying the preliminary plat indicating the type of structure(s) to be erected and the approximate date of construction start; a tentative section plan for the entire subdivision indicating the estimated number of lots on which final approval will be requested for the first section.

(15)

An environmental impact statement, as may be required by the Planning Board at the time of preliminary plat approval.

(16)

A soil survey map, prepared by a professional engineer, to indicate the different types of soils that exist on the subject tract and within 200 feet of the extreme limits of the subject tract. This map shall be in conformance with the soil survey of Union County, New Jersey, published by the United States Department of Agriculture. Where wetlands exist on or within 200 feet of the extreme limits of the subject tract, as per N.J.A.C. 7:7A-1 et seq., the wetlands boundary shall be superimposed on the soil survey map.

(17)

If wetlands exist, as per N.J.A.C. 7-1 et seq. or 7A-1 et seq., Freshwater Wetlands Protection Act rules are to be complied with prior to submission of plans to the Borough. An area of wetlands shall be depicted on plans with surveyor's metes and bounds information for the out-bounds of such areas. A letter of interpretation issued by the New Jersey Department of Environmental Protection shall be submitted, indicating the presence or absence of freshwater wetlands on the parcel in question.

(18)

A landscape plan, prepared by a certified or licensed landscape architect, at a minimum scale of one inch equals 50 feet or larger, illustrating the proposed site elements as they relate to existing structures and site amenities, including existing woodlands, isolated trees greater than five-inch caliper, existing topographic contours and any and all other natural features; the intent, location and type of all existing and proposed landscaping and buffering; and the location, form, height and width of other landscape architectural materials such as berms, fences, walls, site furnishings, bridges and walks.

(19)

An aerial photograph with the site boundaries outlined to evaluate the effects upon surrounding land use.

(20)

A traffic signage plan conforming to the requirements of § 650-75, Subsection T, of this chapter.

Preliminary plat review.

Within 45 days of the submission to the Land Use Administrator of a complete subdivision plat application for 10 lots or less or within 95 days of submission of a complete application for a subdivision application of more than 10 lots or within such further time as may be agreed upon by the developer, the Planning Board shall act upon the application.

Distribution. Upon receipt of a complete application, the Land Use Administrator shall submit one copy to each member of the Planning Board and one copy of the application to the following professionals and boards:

Borough Engineer.

Fire Marshal.

Local Fire Company.

Borough Traffic Engineering Consultant.

(e)

The Union County Planning Board and other agencies, where applicable (e.g., New Jersey Department of Transportation, the Clerk of the adjoining municipality, the Secretary of the School Board, etc.).

(f)

Such other boards, agencies or professionals as the Planning Board may deem necessary or which may be required to be notified by law.

Review. The professionals and boards shall have a period of 30 days after the filing date of a subdivision plat application of 10 or fewer lots or 60 days on a subdivision plat application of more than 10 lots to make a report and recommendations concerning the preliminary plat. The Planning Board shall take such recommendations into account but shall have the right to proceed in the absence of any such recommendation.

Preliminary plat hearing. All actions of the Planning Board on preliminary subdivision plats shall be at a public hearing. Public notice of an application as provided in § 650-62 of this chapter, shall be required for all major subdivision plats. Applicants for major subdivision plats requiring variances by the Planning Board shall also be required to provide public notice of application.

Preliminary plat action. After the conclusion of the hearing, but in no event later than the first regular meeting following the hearing, the Planning Board shall by resolution approve, disapprove or conditionally approve the preliminary plat, stating the reasons for any disapproval.

Decisions of Planning Board. See § 650-63 for decisions on subdivision plat applications under varying procedural conditions.

Effect of preliminary approval. Preliminary approval of a subdivision plat shall, except as provided in Subsection I, below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements, layout and design standards for streets, curbs and sidewalks, lot size, yard dimensions and on-site and off-tract improvements and any requirements peculiar to the specific subdivision plat. The Borough may modify by ordinance such general terms and conditions of preliminary approval as they relate to public health and safety, provided that such modifications are in accord with amendments adopted by ordinance subsequent to approval.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat.

Extension of 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.

In the case of a subdivision plat for an area of 50 acres or more, the Planning Board may grant the rights referred to above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. 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 the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

Variances; Planning Board review in lieu of Board of Adjustment. The Planning Board, when reviewing applications for subdivision plats, shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment variances from lot area, lot dimensions, setback and yard requirements, provided that relief shall not be granted for more than one lot.

Approved preliminary plat; municipal distribution. The Land Use Administrator shall distribute copies of the approved preliminary plat with construction plans to each of the following:

Borough Engineer: one print.

Applicant: one print.

Planning Board file: one print.

§ 650-44 Final plat approval for major subdivisions.

Objectives of review. The final plat shall be reviewed to determine whether the documents to be utilized in construction of the project substantially conform with the approved preliminary plat and to assure proper posting of performance and maintenance bonds.

Application. Two or more copies of the final plat, an application in a form approved by the Planning Board and the requisite fee shall be delivered to the Land Use Administrator. The final plat shall be submitted to the Planning Board for final approval within three years from the date of preliminary plat approval or within such extension as provided herein.

Final plat details. The final plat, notwithstanding any other requirements stipulated by this Chapter 650 or other Borough ordinances, shall be drawn in ink on Mylar at a scale of one inch equals 100 feet, except where otherwise permitted by the Planning Board and in compliance with all the provisions of Chapter 141 of the Laws of 1960 (Map Filing Law)[1] and shall include the submission of the Borough's "Final Major Subdivision Checklist." The final plat shall contain or be accompanied by:

Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.

Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.

The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.

Each block and lot shall be numbered in accordance with the system of numbers, which will ultimately be the numbers shown on the Borough Tax Map.

Location of all monuments.

Names of owners of adjoining unsubdivided land.

Certification by a land surveyor licensed in the State of New Jersey as to the accuracy of the details of the plat.

(8)

Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.

(9)

When approval of a plat is required by any officer or body of such municipality, county or state, approval shall be certified on the plat.

(10)

Final construction plans and profiles showing proposed utility layouts (sanitary sewers, storm drains, water, gas, electric, detention basins, etc.) showing connections to existing or proposed utility systems. Cross sections of streets may be required by the Borough Engineer.

(11)

Final drainage plan.

A final drainage plan shall accompany the final plat. Such drainage plan shall show existing and proposed contours as required in § 650-43 and shall show the same information as required on the preliminary plat, with the addition that the individual lot grading shall be shown as follows: final grades shall be shown for each lot corner, all high and low points and breaks in grade and at the corners of tentative house locations and the center line of the driveway at the right-of-way and center of the garage doors: If it is intended to use drainage swales, the elevation of these swales shall be shown. Easements are required for all cross lot drainage where drainage from one lot crosses over a downslope property either in swales or underground piping.

All swales carrying cross-lot drainage shall be constructed in easements that are to be provided for the purpose of cross-lot drainage. The intent is to have all stormwater runoff drain to the street or to drainage swales without crossing the property of an adjacent lot unless there is an easement provided for that purpose.

(12)

A soil erosion control plan and narrative shall accompany the final plat. Such soil erosion control plan shall show the same information as required on the final drainage plan and soil erosion control measures conforming with the Code of the Borough of Roselle. The soil erosion control plan and the final drainage plan may be combined as one plan and shall be submitted to the Union County Soil Conservation District for review and approval.

(13)

Proposed grading plan.

As a condition precedent to the application for a building permit, a proposed grading plan for each individual lot shall be submitted to the Borough Engineer for review and approval. This plan shall include the proposed building footprint, finished first floor elevation and proposed ground elevations at the following locations: at all lot corners, all building corners and at vehicle entrance to a garage. The plan shall also show the proposed finished basement floor elevation, the existing groundwater elevation, the highest seasonally high groundwater elevation, the methods of determining both the existing groundwater elevation and the highest seasonally high groundwater elevation and by whom these determinations were made. Proposed contours at one-foot intervals shall be shown.

If the proposed individual lot grading plan deviates from the approved subdivision final drainage plan, then an amended subdivision final drainage plan shall be submitted to the Borough Engineer for review and approval.

(14)

A copy of the preliminary approval resolution, together with all proposed additions, changes or departures therefrom, if applicable, shall be submitted with the final plat application.

(15)

A landscape plan, prepared by a certified or licensed landscape architect at a minimum scale of one inch equals 50 feet or larger, illustrating the proposed site elements as they relate to existing woodlands, isolated trees greater than five-inch caliper, existing topographic contours and any and all existing and proposed landscaping and buffering and the location, berm, height and width of other landscape architectural materials such as berms, fences, walls, site furnishings, bridges and walks.

(16)

An aerial photograph with the site boundaries outlined to evaluate the existing surrounding land uses.

(17)

A traffic signage plan conforming to the requirements of § 650-75, Subsection T, of this chapter.

(18)

As-built lot grading plan.

As a condition precedent to the issuance of certificates of occupancy, pursuant to the State Uniform Construction Code, an as-built lot grading plan prepared by a land surveyor licensed in the State of New Jersey shall be submitted to the Construction Official and to the Borough Engineer, bearing a certification that the lot grading complies with the proposed lot grading plan and the final drainage plan as approved or as amended and approved by the Borough Engineer.

The as-built plan shall be prepared with contours of one-foot intervals and shall include the building footprint, finished first floor elevation and ground elevations at all lot corners, all building corners, vehicle entrance to a garage, drainage swale inverts between adjacent interrupted landscape berms, top of the curb adjacent to the property corners, edge of the Borough-owned sidewalk adjacent to property corners and at the center of the driveway, inlet grate elevations (private and Township-owned) and all high points on the lot. The invert and surrounding ground elevation shall be shown for sanitary sewer clean-outs and for sump pump discharge line clean-outs. The plan shall also show the location of the lateral inverts and D-box outlet inverts, if applicable. All proposed ground elevations shown on the approved proposed grading plan shall be included on the as-built plan.

[1]

Editor's Note: The Map Filing Law (L. 1960, c. 141) at N.J.S.A. 46:23-9.9 et seq., was repealed 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.

Final plat review.

Within 45 days after the filing date of a complete final plat application or within such further time as may be agreed upon by the applicant, the Planning Board shall approve the application for final plat approval with or without conditions, provided that the following requirements are met:

The detailed drawings and specifications meet all applicable Borough codes and ordinances.

The final plats are substantially the same as the approved preliminary plats.

(c)

Bonds have been posted to ensure the installation of all improvements.

(d)

The applicant agrees, in writing, to all conditions of final approval.

(e)

Proof has been submitted that all taxes and assessments for local improvements on the property have been paid.

Distribution. Upon receipt of a complete application, the Land Use Administrator shall submit one copy to each member of the Development Review Committee and one copy to each of those professionals and boards or agencies having received a copy of the preliminary plat.

Review. The professionals and boards or agencies shall have a period of 30 days after the filing date of the final plat to make a report and recommendation concerning the final plat. The Planning Board shall have the right to proceed in the absence of any such recommendation.

Decision of Planning Board. As set forth in § 650-63, for decisions on subdivision applications under varying procedural conditions.

Effect of final approval. Final approval shall terminate the time period of preliminary approval for the section granted final approval and shall guarantee the applicant that the zoning requirements applicable to the preliminary approval and all other rights conferred upon the applicant as part of preliminary approval shall not be changed for a period of two years after the date of final approval, provided that these rights shall expire if the plat has not been duly recorded within the time prescribed in Subsection G, below.

Time limit for final approval and extensions. Final approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The Planning Board may extend final approval and the protection offered under Subsection F, above, for one year. Up to three such extensions may be granted.

County Planning Board approval. Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27-6.2 shall be forwarded to the County Planning Board for its action. The Planning Board may grant final approval subject to approval by the County Planning Board.

Filing of approved final plat. The final plat shall be filed by the subdivider with the county recording officer within 95 days from the date of such approval. If any final plat is not filed within that period, the approval shall expire. For good cause, the Planning Board may extend the time for the filing of the plat for an additional period not to exceed 95 days. No plat shall be accepted for filing by the Clerk of the County of Union unless it has been duly approved by the Borough of Roselle Planning Board and signed by its Chair and Secretary.

Approved final plat; municipal distribution.

Before the Land Use Administrator returns any approved final plat to the subdivider or the Construction Official issues a building permit for the subdivision, the applicant shall provide the Land Use Administrator with a certificate of filing from the County Clerk's office.

The Land Use Administrator shall distribute copies of the approved final plat as follows:

Borough Engineer: one Mylar print.

Tax Assessor: one print of plat only.

(c)

Construction Official: one print.

(d)

Borough Clerk: one print of plat only.

(e)

County Planning Board: one print.

(f)

Planning Board file: one print.

Certificates showing approval.

The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three years preceding the effective date of this Chapter 650 may apply, in writing, to the Land Use Administrator of the municipality for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

The Land Use Administrator shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his or her office. Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:

Whether there exists in said municipality a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of this Chapter 650.

Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.