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Borough of Woodland Park, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted 2-15-2017 by Ord. No. 2017-02; amended 12-20-2017 by Ord. No. 2017-36]
This chapter shall be known and may be cited as "The Land Subdivision and Site Plan Regulations of the Borough of Woodland Park."
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the municipality in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities, and services.
The approval provisions of this chapter shall be administered by the governing body after referral by the Planning Board in accordance with N.J.S.A. 40:55D-26.
As used in this chapter:
DRAINAGE RIGHT-OF-WAY
Shall mean the lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1.
FINAL PLAT
Shall mean the final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.
LOT
Shall mean a parcel or portion of land separated from other parcels or portions by description as on a subdivision or record of survey map or by metes and bounds for purpose of sale, lease or separate use.
MAJOR SUBDIVISION
shall mean all subdivisions not classified as minor subdivisions.
MASTER PLAN
shall mean a composite of the mapped and written proposals recommending the physical development of the Borough which shall have been duly adopted by the Planning Board.
MINOR SUBDIVISION
shall mean any subdivision containing not more than three (3) lots fronting on an existing minor street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the master plan, official map, zoning chapter or this chapter.
OFFICIAL MAP
shall mean a map adopted in accordance with the Official Map and Building Permit Act, Chapter 434 of the Laws of 1953, or any prior act authorizing such adoption. Such a map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds, and drainage right-of-way shown thereon.
OWNER
shall mean any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PERFORMANCE GUARANTEE
shall mean any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements.
PLAT
shall mean the map of a subdivision.
PRELIMINARY PLAT
shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the Municipal Clerk for Planning Board consideration and tentative approval and meeting the requirements of Section 33-6 of this chapter.
SKETCH PLAT
shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Section 33-6 of this chapter.
STREET
shall mean any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing State, County or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter streets shall be classified as follows:
a. 
Arterial streets are those which are used primarily for fast or heavy traffic.
b. 
Collector streets are those which carry traffic from minor streets to the major system of arterial streets including the principal entrance streets of a residential development and streets for circulation within such a development.
c. 
Minor streets are those which are used primarily for access to the abutting properties.
d. 
Marginal access streets are streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic.
e. 
Alleys are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
SUBDIVIDER
shall mean any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION
shall mean the division of a lot, tract, or parcel of land into two (2) or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development; except that the following divisions shall not be considered subdivisions provided that no new streets or roads are involved: divisions of land for agricultural purposes where the resulting parcels are three (3) acres or larger in size, divisions of property by testamentary or intestate provisions, or divisions of property upon court order. Subdivision also includes resubdivision, and where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.
SUBDIVISION COMMITTEE
shall mean a Committee of at least three (3) Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter, and such other duties relating to Land Subdivision which may be conferred on this Committee by the Board.
a. 
Purpose. Such regulations are deemed necessary to achieve the following purposes.
1. 
Promote orderly development: to protect the character and to maintain the stability of all areas within the community and to promote the orderly and beneficial development of such areas.
2. 
Promulgate rules and regulations: to provide rules, regulations and procedures, where applicable and to the extent the same have not been otherwise promulgated by ordinance in the Borough of Woodland Park, which will guide the appropriate development of lands within the Borough in a manner which will promote the public health, safety, morals and general welfare.
3. 
To protect against hazards and danger: to secure safety from fire, flood, panic and other natural and man-made disasters.
4. 
Design standards: to encourage the design and location of streets which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion.
5. 
Creative development techniques: to promote a desirable physical environment through creative development techniques, design and arrangement.
6. 
Open spaces: to promote the conservation of open space and to protect the natural resources and to prevent overcrowding through improper land use.
b. 
Exceptions to design and performance standards. The approving authority, when acting upon applications, shall have the power to grant such exceptions from the subdivision and site plan requirements of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivisions, plat, site plan 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 land in question.
c. 
Submission of concept plan for informal review.
1. 
An informal review of a concept plan is optional. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The purpose will be to review concepts to assist the applicant in the preparation of subsequent plans. Other than classification, no decisions will be made, no hearings held and no formal action taken. Neither the developer nor the approving authority shall be bound by this informal review.
2. 
Filing procedure and information for concept review.
(a) 
The developer shall file with the secretary, at least fifteen (15) days prior to the meeting of the approving authority, sixteen (16) copies of the concept plan and five (5) copies of the completed application form.
(b) 
The concept plan is considered a sketch or general plan neither fully engineered nor surveyed, but should be sufficiently detailed to allow the Planning Board to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers and building arrangements and to determine how the Land Use Code and ordinances affects the proposal.
Preliminary plats are required for all site plans and subdivisions.
a. 
Filing procedure.
1. 
The following must be submitted to the office of the Zoning Officer: sixteen (16) copies of the application, all plot plans, maps and other papers required by virtue of any provision of this chapter, as well as the applicable fee and certification by the Tax Collector that all taxes are paid to date. The applicant must include envelopes addressed to the Board professionals, experts and Board members in order to expedite the mailings.
2. 
A corporation or partnership applying for permission to subdivide a parcel of land or for a site plan or variances shall list the names and addresses of all stockholders or individual partners owning at least ten (10%) percent of its stock of any class or at least ten (10%) percent of the interest in the partnership, as the case may be. If a corporation or partnership owns ten (10%) percent or more of the stock of a corporation, or a ten-percent or greater interest in a partnership, subject to the above disclosure, that corporation or partnership shall list the names and addresses of its stockholders holding ten (10%) percent or more of its stock or a ten-percent 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 non-corporate stockholders and individual partners exceeding the ten-percent ownership criterion established in this subsection have been listed. No Planning Board, Board of Adjustment or municipal governing body shall approve the application of any corporation or partnership which does not comply with this requirement of N.J.S.A. 40:55D-48.1. The penalty for concealment by a corporation or a partnership shall be as outlined in N.J.S.A. 40:55D-48.1.
3. 
Simultaneously with filing the application, copies of the plans shall be forwarded by the office of the Zoning Officer to the following persons:
(a) 
The Borough Engineer.
(b) 
The Board Planning Consultant.
(c) 
The Fire Prevention Bureau (site plans only).
(d) 
The Chief of Police (site plans only).
b. 
Action by approving authority.
1. 
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified, in writing, within forty-five (45) days of submission, including escrows.
2. 
Public hearing. If accepted as an application, a public hearing date shall be set by the approving authority and notice given.
3. 
Upon submission of an application, the administrative officer shall submit one copy of the plat and supporting data to the Board professionals for review and action. Each shall have not more than thirty (30) days from receipt of the plan to report to the approving authority. In the event of a recommendation of disapproval, such report shall state the reasons therefor.
4. 
The approving authority shall grant or deny preliminary subdivision approval within the following time periods unless some further time has been consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the subdivision.
(a) 
A subdivision of 10 or fewer lots: within 45 days of the date of a complete submission.
(b) 
A subdivision with more than 10 lots: within 95 days of the date of a complete submission.
5. 
The approving authority shall grant or deny preliminary site plan approval within the following time periods unless some further time has been consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the site plan.
(a) 
A site plan which involves 10 dwelling units or less: within 45 days of the date of a complete submission.
(b) 
A site plan which involves more than 10 acres or more than 10 dwelling units: within 95 days of the date of a complete submission.
6. 
If the approving authority required any substantial amendment in the layout of improvements in either a site plan or subdivision, and that plan had been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development. The approving authority shall, if the proposed development complies with this chapter, grant preliminary approval.
7. 
The approving authority may approve, disapprove or approve with conditions the application. The decision shall be in writing and shall be sent to the applicant and the newspaper as within 10 days of any decision. If the approving authority grants preliminary approval, its chairman and secretary, or the vice chairman or assistant secretary in their absence, respectively, and the Municipal Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within ninety (90) days of the conditional approval, the conditional approval shall lapse, unless the applicant requests an extension.
8. 
Preliminary approval shall confer upon the applicant the following rights for a three (3) year period from the date of the preliminary approval; otherwise the approval shall be void:
(a) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; off-tract improvements; and any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the Borough from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.
(b) 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plat.
(c) 
That the applicant may apply for, and the approving authority may grant, extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two (2) years.
9. 
In the case of a development for an area of fifty (50) acres or more, the approving authority may grant the rights referred to in subsection 33-5.2b8(b) and (c) above for such period of time longer than three (3) years as shall be determined by the approving authority 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(s) 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.
a. 
Filing procedure.
1. 
Prior to the expiration of preliminary plat approval, the developer shall file with the Zoning Officer, at least fifteen (15) days prior to the meeting of the approving authority, two Mylar copies; nine black-on-white paper prints of the plat; two completed copies of the application form and final plat checklist; the performance guaranty approved by the governing body, including off-tract improvements, if any; any maintenance guaranties; the applicable fee; certification by the Tax Collector that all taxes are paid to date; certification by the Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975 (N.J.S.A. 4-24-39 et seq.) and, if common open space lot or lots are included in the application, and a separate map showing the individual lot or lots that are to be designated as common open space.
2. 
Where utility services are to be extended to the development, the final plat shall be accompanied by letters directed to the chairman of the approving authority and signed by a responsible officer of the water company, sewer authority and utility which provides gas, telephone and electricity that has jurisdiction in the area. Such letters shall approve each proposed utility installation design and state who will construct the facility.
3. 
The final plat shall be accompanied by a statement by the Municipal Engineer that he is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation; that he has examined the street drainage, erosion, stormwater control, excavation, and grading plans and found that the interests of the Borough and of nearby properties are fully protected and identifying those portions of any improvements already installed; and that the developer has either:
(a) 
Installed all improvements in accordance with the requirements of this chapter and the preliminary plat approval, with a maintenance guaranty accompanying the final plat; or
(b) 
Posted a performance guaranty that has been approved by the governing body.
b. 
Action by approving authority of final subdivision plat.
1. 
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified within 45 days of submission. If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat, and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a minor or exempt subdivision or minor or exempt site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.
2. 
Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. An approved final plat shall be signed by the chairman and secretary of the approving authority, or the vice chairman or assistant secretary in their absence, respectively. Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of the Zoning Officer as to the failure of the approving authority to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
3. 
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the approving authority shall condition any approval that it grants upon timely receipt of a favorable report from the County Planning Board or upon its failure to submit a report within the required time period.
4. 
Final approval of a minor subdivision shall expire one hundred ninety (190) days from the date of municipal approval unless a plat in conformity with such approval, including any conditions imposed by the approving authority, and in conformity with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Borough Tax Assessor. Such plat or deed accepted for such filing shall have been signed by the chairman and secretary of the approving authority or the vice chairman or assistant secretary in their absence, respectively. In reviewing the application for development for a proposed minor subdivision, the approving authority may accept a plat not in conformity with the Map Filing Law, provided that, if the developer chooses to file the minor subdivision by plat rather than deed, such plat shall conform to the provisions of said law.
5. 
Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat unless within such a period the plat shall have been duly filed by the developer with the County Recording Officer. The approving authority may for good cause shown extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of the signing of the plat. No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the approving authority as indicated on the instrument by the signature of the chairman and secretary of the approving authority, or the vice chairman or assistant secretary in their absence, respectively, or a certificate has been issued as to the failure of the approving authority to act within the required time. The signatures of the chairman and secretary shall not be affixed until the developer has posted the required guaranties. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and, upon request of the municipality, the plat shall be expunged from the official records. It shall be the duty of the County Recording Officer to notify the Planning Board, in writing, within seven (7) days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
6. 
Provided that the approved final subdivision plat has been filed with the County Recording Officer, the zoning requirements applicable to the preliminary approval first granted to a site plan or a major subdivision and all other rights conferred upon the developer pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one year, but not to exceed three (3) extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.
7. 
Provided that the approved final plat of a minor subdivision has been filed with the County Recording Officer, the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two (2) years after the date of minor subdivision approval.
8. 
In the case of a subdivision or site plan for a planned development of fifty (50) acres or more or a conventional subdivision or site plan of 150 acres or more, the approving authority may grant the rights referred to in subsection 33-5.3b6 and b7 above for such period of time longer than two (2) years, as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for and the approving authority may thereafter grant an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
9. 
The developer shall supply sufficient copies of the approved final plat so the administrative officer can distribute one (1) copy to each of the following: Borough Clerk, Construction Official, Tax Assessor, County Planning Board, Borough Planning Board and any other agency or person directed by the approving authority and shall supply one (1) translucent cloth or Mylar copy to the Municipal Engineer.
a. 
Filing procedure.
1. 
The site plan and an application for final approval shall be submitted to the Zoning Officer with the required fee. If there have been no changes in the approved preliminary site plan, the same plan may be used in connection with the application for final approval and no further final plan shall be required for approval. Sixteen (16) white prints (blue or black-on-white) of the site plan shall accompany the application. Sixteen (16) completed copies of the application form and final plat checklist must be submitted along with the prints. The performance guaranty approved by the governing body, including off-tract improvements, if any; any maintenance guaranties; the applicable fee; certification by the Tax Collector that all taxes are paid to date; certification by the Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975(N.J.S.A. 4:24-39 et seq.).
2. 
Where utility services are to be extended to the development, the final site plan shall be accompanied by letters directed to the chairman of the approving authority and signed by a responsible officer of the water company, sewer authority and utility which provides gas, telephone and electricity that has jurisdiction in the area. Such letters shall approve each proposed utility installation design and state who will construct the facility.
3. 
The final site plan shall be accompanied by a statement by the Municipal Engineer that he is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation; that he has examined the street drainage, erosion, stormwater control, excavation, and grading plans and found that the interests of the Borough and of nearby properties are fully protected and identifying those portions of any improvements already installed; and that the developer has either:
(a) 
Installed all improvements in accordance with the requirements of this chapter and the preliminary plat approval, with a maintenance guaranty accompanying the final plat; or
(b) 
Posted a performance guaranty that has been approved by the governing body.
b. 
Action by approving authority on final site plan.
1. 
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified within forty-five (45) days of submission. If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a minor or exempt subdivision or minor or exempt site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.
2. 
Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. An approved final plat shall be signed by the chairman and secretary of the approving authority, or the vice chairman or assistant secretary in their absence, respectively. Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
3. 
The zoning requirements applicable to the preliminary approval first granted to a site plan and all other rights conferred upon the developer pursuant to the Municipal Land Use Law, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.
4. 
Upon final approval by the approving board, a copy of the plat shall be filed with each of the following: the Zoning Officer, Engineer of the Board, Borough Clerk, Construction Official, Borough Planner, Tax Assessor and any other agency or person directed by the approving authority.
a. 
Preparation. After installation of the improvements required by this chapter, the applicant for subdivision or site plan approval shall cause to be prepared, signed and sealed by a licensed professional surveyor of the State of New Jersey plans showing the as built location, of all improvements required by this chapter, including, without intending to limit the generality hereof, the location of water mains, gas mains, sanitary sewer mains, and underground supply lines for light, power and telephone service, septic systems, well heads and package treatment plans and all of their appurtenances.
The sketch plat shall be based on tax map information or some other similarly accurate base as a scale (preferably not less than four hundred (400) feet to the inch) to enable the entire tract to be shown on one (1) sheet and shall show or include the following information:
a. 
The location of that portion which is to be subdivided in relation to the entire tract.
b. 
All existing structures and wooded areas within the portion to be subdivided and within two hundred (200) feet thereof.
c. 
The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records.
d. 
The tax map sheet, block and lot numbers.
e. 
All streets or roads and streams within five hundred (500) feet of the subdivision.
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one (1) inch equals one hundred (100) feet. Preliminary plats shall be designed and drawn by a licensed N.J. land surveyor. The plat shall be designed in compliance with the provisions of Sections 33-8 and 33-9 of this chapter and shall show or be accompanied by the following information:
a. 
A key map showing the entire subdivision and its relation to surrounding areas.
b. 
The tract name, tax map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:
1. 
Name and address of record owner or owners.
2. 
Name and address of the subdivider.
3. 
Name and address of person who prepared map.
c. 
Acreage of tract to be subdivided to nearest tenth of an acre.
d. 
Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points and tentative cross-sections and center line profiles for all proposed new streets.
e. 
The location of existing and proposed property lines, streets, buildings, water courses, railroads, bridges, culverts, drain pipes, and any natural features such as wooded areas and rock formations.
f. 
Plans of proposed utility layouts (sewers, storm drains, water, gas, and electricity) showing feasible connections to existing or any proposed utility systems. When an individual water supply or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, County, or State Health Agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results with the preliminary plat. Any subdivision or part thereof which does not meet with the established requirements of this ordinance or other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, County, or State Health Agency.
g. 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
h. 
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.
The final plat shall be drawn in ink on tracing cloth at a scale of not less than one (1) inch equals sixty (60) feet and in compliance with all the provisions of N.J.S.A. 46:26A-1 et seq. The final plat shall show or be accompanied by the following:
a. 
Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
b. 
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be 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.
c. 
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.
d. 
Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with number one.
e. 
Minimum required building setback line on all lots and other sites.
f. 
Location and description of all required monumentation.
g. 
Names of owners of adjoining unsubdivided land.
h. 
Certification by engineer or surveyor as to accuracy of details of plat.
i. 
Certification that the applicant is agent or owner of the land, or that the owner has given consent under an option agreement.
j. 
When approval of a plat is required by any officer or body of such a municipality, County or State, approval shall be certified on the plat.
k. 
Cross sections and profiles of streets, approved by the municipal engineer may be required to accompany the final plat, with the discretion of the Planning Board.
l. 
Contours at five (5) foot intervals for slopes averaging ten (10%) percent or greater and two (2) feet intervals for land of lesser slope indicating the present and proposed contour lines.
m. 
Plans and profiles of storm and sanitary sewers and water mains.
n. 
Certificate from Tax Collector that all taxes are paid to date.
o. 
Any other detail that may be required by the appropriate reviewing Board.
Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guarantees for the ultimate installation of the improvements proposed for the project, including, but not limited to the following:
a. 
Site clearing and site grading.
b. 
Soil erosion and sediment control.
c. 
Streets, curbs and sidewalks.
d. 
Street signs.
e. 
Street lighting.
f. 
Landscaping, including street shade trees.
g. 
Monuments, as required by State statute.
h. 
Water mains and service connections.
i. 
Sanitary sewer mains and service connections.
j. 
Storm sewer and detention/retention systems.
k. 
Off-site improvements, of whatever nature.
l. 
Final restorations and record drawings.
All improvements shall be subject to inspection and approval by the Municipal Engineer who shall be notified by the developer at least twenty-four (24) hours prior to the start of construction. No underground installation shall be covered until inspected and approved. All work shall be completed in accordance with current Borough design standards at the time of completion of the improvements.
a. 
No final plat shall be approved by the Planning Board until the completion of all required improvements has been certified to the Planning Board by the Municipal Engineer, unless the subdivision owner shall have filed with the municipality a performance guarantee sufficient in amount to cover the cost of all improvements or uncompleted portions thereof as estimated by the Municipal Engineer, and assuring the installation of uncompleted improvements on or before an agreed date. Such performance guarantee may be in the form of a performance bond which shall be issued by a bonding or surety company approved by the Governing Body; a certified check, returnable to the subdivider after full compliance; or any other type of surety approved by the Municipal Attorney.
b. 
The performance guarantee shall be approved by the Municipal Attorney as to form, sufficiency and execution. A performance guarantee shall run for a period to be fixed by the Planning Board but, in no case, for a term of more than three (3) years; however, with the consent of the owner and the surety, if there be one, the Governing Body may, by resolution, extend the term of the performance guarantee for an additional period not to exceed three (3) years. The amount of the performance guarantee may be reduced by the Governing Body by resolution when portions of the required improvements have been installed.
c. 
If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to the Borough for the reasonable cost of the improvements not installed and upon receipt of the proceeds thereof the Borough shall install the improvements.
a. 
All developments shall conform to design standards encouraging sound development patterns within the Borough. Where an Official Map or Master Plan has been adopted, the development shall conform to same.
b. 
Character of land. Lands identified in the Master Plan as critical areas or having severe or moderate soil characteristics, particularly as the lands relate to flooding, improper drainage, shallow depth to water table, steep slopes, rock formations, utility easements or similar features, shall not be used as buildable areas unless adequate and acceptable methods meeting the regulations of this chapter and all other regulations are incorporated.
c. 
Applications for residential developments shall comply with the standards set forth in N.J.A.C. 5:21, Residential Site Improvement Standards.
Nothing in this chapter shall require any changes in a building permit, site plan or zoning variance which was approved before the enactment of this chapter, provided that construction shall have been started within one year from the effective date of this chapter and the project shall be continuously pursued to completion; otherwise said approvals and permits shall be void.
Natural features, such as trees, brooks, swamps, hilltops and views, shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.
a. 
Floodplains shall be regulated by the New Jersey Department of Environmental Protection (NJDEP).
b. 
The purposes shall be to:
1. 
Prevent the encroachment of development into flood hazard areas in order to protect human life and health.
2. 
Implement the rules and regulations of the New Jersey Department of Environmental Protection.
3. 
Guide construction, regrading and other encroachments that might otherwise occur in flood hazard areas to other locations outside flood hazard areas through cluster zoning, transfer of development credits and other planned developments.
4. 
Prevent pollution during low- or high-water periods by eliminating unsanitary or dangerous substances in flood hazard areas.
5. 
Minimize public expenditures for flood control projects, repairs to public facilities and utility services and rescue and relief efforts.
6. 
Minimize disruption in homes, businesses and places of employment.
7. 
Give better assurance that buyers are notified of the limits of properties in a flood hazard area and that those who occupy properties in these areas assume responsibility for their actions.
All streets shall be designed to accommodate storm drainage along streets, including the installation of drainage inlets and pipes. Any storm water collection system shall be adequate to handle all water which originates within the development and from off-site contributory areas, calculated on the basis of maximum potential development as permitted under this chapter. No water shall be diverted as to overload existing drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements.
a. 
A twenty-five-year (25) storm curve shall be used in computing stormwater runoff.
b. 
The pipe size shall be determined by acceptable drainage design procedures but shall not be less than fifteen (15) inches in diameter.
c. 
Drainage inlets shall be located at intervals of not more than four hundred (400) feet or such shorter distances as required to prevent the flow of surface water from exceeding six cubic feet per second at the drainage inlet. Access manholes shall be placed at maximum five-hundred-foot intervals throughout the system and at pipe junctions.
d. 
Storm drain pipes running longitudinally along streets shall not be located under curbing.
e. 
Storm drain pipes shall be the size specified and laid to the exact lines and grades approved by the Municipal Engineer. Specifications for manholes, inlets and storm drains shall follow NJDOT design standards, as amended.
f. 
Grading shall direct drainage away from all buildings, prevent the collection of stormwater in pools and avoid the concentration of stormwater from one lot to another.
g. 
Where any development is traversed by a watercourse or drainage channel, a drainage right-of-way easement shall be provided and dedicated to the Borough of sufficient width to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Borough. A minimum of fifteen (15) feet beyond the bank top on at least one side shall be provided for access to the drainage right-of-way.
h. 
Where storm drain pipes are installed outside of streets, easements or rights-of-way shall be required at widths to be determined by the Borough Engineer to provide adequate access for maintenance and repair purposes.
a. 
Easements shall be alongside and/or rear property lines where possible and shall not be less than fifteen (15) feet wide.
b. 
All easements shall be dimensioned on the plat and shall be identified as follows: "(insert purpose of easement) easement granted to the Borough of Woodland Park as provided for in the Woodland Park Land Use and Development Regulations Ordinances."
Sidewalks shall be required to be installed along all public streets and rights-of-way, private access drives and roads and at such other locations as may be determined by the approving authority to be in the interest of public safety considering the probable volume of pedestrian traffic, school bus stops, and the development's location in relation to other populated areas and the general type of improvement intended. Sidewalks shall be required to be at least four (4) feet wide and located as determined by the approving authority. Sidewalks shall be placed upon a compacted subgrade overlaid with at least four (4) inches of porous material such as sand or gravel. Concrete sidewalks shall be at least six (6) inches thick, of Class B concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch, and shall be air-entrained. Blacktop or sidewalks of other approved materials shall be constructed as approved by the approving authority upon the advice of the Borough Engineer. Where sidewalks cross curbs, curb ramps shall be provided. Preformed expansion joint material shall be placed at twenty-foot (20) maximum intervals where sidewalks abut curbing or a structure.
Granite (belgian) block or concrete curb shall be installed along all streets, driveways and parking areas in according to the following standards:
a. 
Construction of all curbs shall conform to current NJDOT Standards and Specifications for Road and Bridge Construction, and supplements thereto, and shall meet the Borough Engineer's approval. All concrete to be used shall be Class B, as specified in NJDOT Standards and Specifications and supplements thereto.
b. 
Granite curbs shall have a ten- to twelve-inch (10-12) vertical length.
c. 
Curbs shall be set in a Class B concrete base at least six (6) inches thick in front and rear of the granite block and at least nine (9) inches thick below the block. The combined block and concrete base shall have a minimum vertical dimension of eighteen (18) inches.
d. 
Curbs shall have a six-inch (6) exposed vertical face above the finished pavement surface.
e. 
The curbing shall be designed to provide barrier-free curb ramps constructed in accordance with the Public Right-of-Way Accessibility Guide (PROWAG), as amended.
Sight triangles shall be required at each quadrant of an intersection of streets and the intersection of streets and driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of a lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than thirty-six (36) inches above the center line grade of either intersecting street or driveway or lower than eight (8) feet above their center lines, excluding street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim and grade to provide the sight triangle. The sight triangle is that area outside the right-of-way bounded by the intersecting street lines and a straight line which connects sight points located on each of the two (2) intersecting street center lines: arterial streets at 300 feet, collector streets at 200 feet and local streets at 90 feet. Where the intersecting streets are both arterial and collector, two (2) overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point ninety (90) feet on the intersecting street. Any development requiring site plan approval shall provide sight triangles at each driveway, with the driveway classified as a local street for purposes of establishing distances. The classifications of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the approving authority where a new street is not included on the Master Plan. A sight triangle easement shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Woodland Park Land Use and Development Regulations Ordinances." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and minimum setbacks required by the zoning provisions.
a. 
Wherever a central water supply system exists, provision shall be made of fire hydrants along streets and/or on the walls of nonresidential buildings as approved by the servicing Fire Department, Municipal Engineer, and/or any other agency having jurisdiction, to provide necessary fire flow, in accordance with applicable regulations. The midpoint of all lots served by a central water supply shall be within 400 feet of a functioning fire hydrant. Hydrants shall have fire hose connections conforming to the fire company equipment with no less than two two-and-five-tenths-inch hydrant discharges. Hydrants shall be set plumb with discharges eighteen (18) inches above grade. The system shall be pressure-tested and flow-tested to assure its capability of sustaining the required pressure at each hydrant.
b. 
Where streams or ponds exist on the site or are proposed, and there is no central water supply, easements and facilities shall be provided to draft water for fire-fighting purposes, including access suitable for fire-fighting equipment, designed and constructed in accordance with the Insurance Services Office of New Jersey.
a. 
Shade trees shall be provided in all site plans where deemed appropriate by the Planning Board. All shade trees shall have a minimum diameter of 2.5 inches measured three (3) feet above the ground and shall be of a species approved by the approving authority. Trees shall be planted 40 to 60 feet apart and parallel to, but no more than 20 feet from, the curbline and shall be balled and burlapped, nursery-grown, free from insects and disease and true species and variety. Stripping trees from a lot or grading around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the character of the area and to conform to adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season. Parking lots shall be planted as required.
b. 
A landscape plan prepared by a certified landscape architect, certified by the New Jersey Board of Landscape Architects or other qualified individual, shall be submitted with each site plan application. Landscaping shall be provided to promote a desirable visual environment, screen parking and loading areas, screen waste collection, to provide windbreaks for winter winds and summer cooling for buildings, streets and parking and to mitigate adverse visual impacts.
c. 
Landscaped areas located within 50 feet of a street right-of-way shall consist of a mix of shade trees, vegetative ground covers, including both perennials and annuals, shrubs and turf. Installed landscape ground cover materials such as stones, pebbles, and other nonorganic materials shall not be permitted. These requirements apply to all properties with 100 feet or more of street frontage. Irrigation systems for the landscaped areas are required to be installed to ensure the continued viability of the plantings.
a. 
A lighting plan prepared by a qualified individual shall be provided with site plan applications.
b. 
The intensity, shielding, direction and reflecting of lighting shall be subject to site plan approval by the approving authority.
c. 
All parking areas, walkways, building entrances, loading areas and driveways required for nonresidential or multifamily uses shall be adequately illuminated during the hours of operation which occur after sunset. Any adjacent residential zone or use shall be shielded from the glare of illumination from site lighting and automobile headlights.
d. 
The light intensity at ground level for parking areas, walkways, building entrances, loading areas and driveways required for nonresidential or multifamily uses shall average 0.5 footcandles; however, variations are permitted by the approving authority depending upon the intensity of the use. The light intensity shall not exceed 0 footcandles along any property line and shall be so arranged and shielded to reflect the light away from adjoining streets or properties.
e. 
Manufacturer's lighting detail and specifications, including footcandles distributions, shall be provided. All lights shall be concealed-source non-glare lighting and shall be focused downward so that the direct source of light is not visible from adjoining streets or properties. The minimum footcandle in the areas used by the public shall be 0.5; the maximum footcandle is 1.0.
f. 
The mounting height of lighting fixtures shall be not more than 20 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source.
g. 
Shade trees shall be planted a minimum of 10 feet from any freestanding light fixture.
h. 
No lighting source shall be visible from windows, streets and driveways, nor shall lighting shine directly into or reflect into windows or onto streets and driveways to interfere with driver vision.
i. 
No lighting shall be of a rotating, pulsating or other intermittent frequency.
a. 
Natural Features. Natural features, such as trees, brooks, hilltops, etc. shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.
b. 
Use of Renewable Energy Sources. Use of renewable energy sources is endorsed through this chapter. Regulations regarding use of renewable energy sources are found in Section 22-25, Solar Energy Systems or green building materials as referenced in the Schedule of Bulk Zoning Requirements under the Central Business District (CBD) of the Zoning Ordinance of the Borough.
Before final approval, the approving authority may require the payment of the developer's pro rata share of the following off-site and off-tract improvements, including, but not limited to: street improvements, water system, sanitary sewerage, drainage facilities and easements therefore.
a. 
Essential off-site and off-tract improvements may be required to be installed or a performance guaranty furnished in lieu thereof, with the total cost borne by the developer.
1. 
Where a development has no direct access to an improved street or public or private central water supply or central sanitary sewer and does not qualify for individual sewage disposal systems, the approving authority may nevertheless grant final approval if the developer shall acquire and improve such street between the development and an existing improved street and, in the case of water/sewer system(s), if the developer shall acquire and improve such water and sanitary sewer connections between the development and existing facilities as approved by the approving authority, governing body and serving utility company.
2. 
Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets and they are not adequate to accommodate the additional waters, the approving authority may grant final approval if the developer shall acquire, improve and dedicate to the Borough such enlarged, additional or new drainage facilities as approved by the approving authority and governing body.
3. 
Such off-site and off-tract improvements shall be subject to all applicable design standards. In lieu of the developer performing such off-site and off-tract work, the developer may request and the governing body may enter into an agreement for such work to be performed by the Borough or its contractors at the cost of the developer.
4. 
Where the approving authority determines that off-site and off-tract improvements are essential to the development and the developer does not consent to the improvements, the application shall be denied, without prejudice, to a future application at such time as the conditions no longer apply.
b. 
Advisable off-site and off-tract improvements. Where the approving authority determines that off-site and off-tract improvements would be advisable, although not essential, and the improvements would promote the objectives of this chapter and can be most appropriately accomplished in connection with the development, and particularly where the off-site and off-tract improvements would be required to be made as a local improvement by the Borough with the costs thereof to be assessed against all properties specially benefited thereby, including the property of the developer, the following provisions shall apply:
1. 
During the processing of the application, the approving authority shall refer its recommendations for off-site and off-tract improvements to the governing body.
2. 
If the governing body concurs, the Municipal Engineer or other authority retained by the Borough shall determine the nature of the off-site and off-tract improvements, including:
(a) 
The needs created by the applicant's proposed development.
(b) 
The then-existing needs in the area notwithstanding any work of the applicant.
3. 
The Municipal Engineer or other authority shall estimate and report the costs of such work, including all costs to be in any local improvement ordinance and those to be assessed to the developer, and including costs for construction, engineering, any easement or right-of-way acquisition, legal work, advertising, contingencies, bonding and assessments.
4. 
Based upon the above report and the recommendations of the approving authority, the governing body shall determine whether to undertake such off-site and off-tract improvements as a local improvement.
5. 
If the governing body will not adopt such ordinance, the final development shall be designed accordingly, and the approving authority shall proceed on that basis.
6. 
If the determination shall be to adopt such local improvements ordinance, the governing body shall proceed in the following manner:
(a) 
If sufficient funds are available for the initial appropriation, the governing body may appropriate such funds and adopt such ordinance. All subsequent proceedings for the making and assessment of the cost of the off-site and off-tract improvements shall be in accordance with such ordinance.
(b) 
If sufficient funds are not available for the initial appropriation, the governing body may determine the anticipated amount that the lands of the applicant would be expected to be assessed.
(1) 
The amount determined by the governing body shall then be deposited by the applicant with the Borough Treasurer prior to final approval and prior to introduction of such local improvement ordinance.
(2) 
Such deposit shall be made concurrent with an agreement between the applicant and the Borough concerning the uses of the deposit, which shall include the following stipulations: that said funds shall be used by the Borough solely for the construction of such off-site and off-tract improvements as specified in said agreement and for the other expenses incidental thereto and the acquisition of any easements or rights-of-way in connection therewith; that such deposit may be appropriated by the Borough, with other funds of the Borough, toward the accomplishment of such purposes and may be co-mingled with other appropriated funds and expended by the Borough within a specified time agreed upon by the applicant, said funds shall be returned to the applicant; that, upon completion of the work by the Borough or its contractors, the properties specially benefitted by such improvements shall be assessed as provided by law, including the property of applicant; and that the applicant's deposit shall be credited against the assessment made upon the applicant's property, whether or not the applicant is then the owner thereof, and if such deposit was less than the amount ultimately assessed against such property, then the owner(s) of said property shall pay the difference between the deposit and the amount assessed, and the excess shall be refunded to the applicant without interest.
(3) 
Where said off-site and off-tract improvements are found by the approving authority to be advisable and important to the sound development of the site, although the off-site and off-tract improvements may not be found to be the type of essential off-site and off-tract improvements as defined above, but the developer is unwilling to make such deposit as specified above, then there shall be no final approval until funds become available for the initial appropriation required to adopt the local improvement ordinance.
7. 
The determination of the governing body whether or not to proceed toward the adoption of a local improvement ordinance shall be made within thirty (30) days after the referral by the approving authority unless such time shall be extended with the consent of the applicant. If the determination is not made within the designated period, the approving authority may proceed as if the governing body had determined that it would not adopt such local improvement ordinance.
All public services shall be connected to approved public utilities systems where they exist.
a. 
The distribution supply lines and service connections shall be installed underground, except that lots which abut streets with existing overhead electric or telephone distribution supply lines and service connections may be supplied with electric and telephone service from those overhead lines, but the service connections shall be installed underground. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.
b. 
The developer shall submit to the approving authority, prior to final approval, a written instrument from each serving utility indicating full compliance or intended full compliance with the provisions of this section.
c. 
Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year round.
d. 
On any lot where soil conditions, rock formations, woods or other special conditions exist and the applicant deems it a hardship to comply with the provisions of this section, the applicant may apply to the approving authority for an exception from the terms of this section. Where overhead lines are permitted as the exception, the alignments and pole locations shall be routed to avoid locations along horizons, avoid the clearing of swaths through treed areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations, and similar design and location considerations to lessen the visual impact of overhead. The Borough shall make the determination as to the location of utility poles.
All development applications shall comply with the regulations set forth in The Standards for Soil Erosion and Sediment Control in New Jersey, current edition, as amended.
a. 
All developments shall comply with Chapter XXIX Stormwater Compliance.
b. 
All developments shall incorporate on-site stormwater facilities that will encourage the recharging of underground aquifers and/or the reduction of the rate stormwater leaves the site.
c. 
For projects not defined as a major project, the Municipal Engineer shall determine if stormwater management facilities, such as detention or retention basins, water quality facilities or groundwater recharge may be required. Where the amount of runoff determined by the Municipal Engineer is sufficient to justify detention of peak flow, one or more detention basins shall be required. Each detention basin shall have a capacity to accept all surface water directed to it from a one-hundred-year (100) storm event with outlets to permit complete draining of the maximum capacity of the detention basin in not more than 36 hours.
d. 
Developments may incorporate other on-site stormwater detention or impoundment facilities in the following manner:
1. 
Swales to retard water runoff. Water velocity shall not exceed three feet per second. The water may be directed to impact-still basins to evaporate and percolate. The swales shall be seeded and maintained in lawn area, as appropriate.
2. 
Swales shall comply with the State Soil Erosion Standards.
e. 
Stormwater management plans shall be designed and prepared in accordance with the latest NJDEP guidelines for stormwater management.
All development applications subject to the provisions of Chapter XXIX, Stormwater Compliance, of the Code of the Borough of Woodland Park, including, but not limited to, single- and two-family residential development and development that will ultimately disturb one (1) or more acres of land, shall comply with all stormwater runoff requirements and all other regulations contained in Chapter XXIX therein.
Topsoil available at the site and moved during the course of construction shall be redistributed to all areas uncovered in the course of construction. Whenever sufficient topsoil is not available at the site, additional topsoil shall be obtained and distributed in such a manner as to provide a cover of at least six (6) inches of topsoil or other approved cover to prevent soil erosion on the areas uncovered during the course of construction or excavation. No topsoil shall be removed from the site of the development or used as spoil.
a. 
Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use. The system shall be designed with adequate capacity and sustained pressure for present and probable future development. Such potable water system shall be designed in accordance with the requirements and standards of the Borough and/or state agency having jurisdiction.
b. 
Where public water is not available, potable water supply shall be provided to each lot or dwelling unit by wells from groundwater supply.
c. 
Where water distribution systems are installed outside streets, easements or rights-of-way shall be required.
d. 
Where no municipal consent for a public utility franchise for water has been granted, upon completion of the water plant and distribution system these public facilities shall, at the option of the Borough, be transferred to the Borough.
a. 
There shall be included in any development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the district recycling plan adopted pursuant to Section 3 of the P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), and any applicable requirements of the Municipal Master Plan adopted pursuant to Section 26 of P.L. 1987, c. 102.
b. 
The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
c. 
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.
d. 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
e. 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
f. 
A solid masonry enclosure at a height matching the height of any containers shall be provided around any outdoor recycling area, along with appropriate landscaping and a self-closing gate.
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.
The subdivision plat shall conform to design standards that will encourage good development patterns within the municipality. Where either or both an official map or master plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, utility rights-of-way, school sites, public parks and playgrounds shown on an officially adopted master plan or official map shall be considered in approval of subdivision plats. Where no master plan or official map exists, streets and utility rights-of-way shall be shown on the final plat in accordance with Chapter 217 of the Laws of 2011, as amended, and shall lend themselves to the harmonious development of the municipality and enhance the public welfare in accordance with the following design standards.
a. 
The arrangement of streets not shown on the master plan or official map shall provide for the appropriate extension of existing streets.
b. 
Minor streets shall be designed to discourage through traffic.
c. 
Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the Planning Board may determine appropriate.
d. 
The public right-of-way width shall be measured from lot line to lot line and shall not be less than fifty (50) feet.
1. 
The right-of-way width for internal roads and alleys in commercial and industrial development shall be determined on an individual basis, and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for fire fighting equipment.
e. 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the Governing Body under conditions approved by the Planning Board.
f. 
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the master plan or official map or the street width requirements of this chapter shall dedicate additional width along either one (1) or both sides of the road. If the subdivision is along one (1) side only, one-half (1/2) of the required extra width shall be dedicated.
g. 
Grades and geometry of streets shall comply with the requirements of N.J.A.C. 5:21, Residential Site Improvement Standards, as amended.
h. 
Street intersections shall comply with the requirements of N.J.A.C. 5:21, Residential Site Improvement Standards, as amended.
i. 
Street jogs with center line offsets shall comply with the requirements of N.J.A.C. 5:21, Residential Site Improvement Standards, as amended.
j. 
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
k. 
Dead end streets (cul-de-sac) shall not be longer than six hundred (600) feet and shall provide a turnaround at the end with a radius of not less than fifty (50) feet and tangent whenever possible to the right side of the street.
If a dead-end street is of a temporary nature, a similar turn around shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
l. 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
a. 
Block length and width or acreage within bounding roads shall accommodate the size of lots required in the area by Chapter XXII, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
b. 
In blocks over one thousand (1,000) feet long, pedestrian cross-walks may be required in locations deemed necessary by the Planning Board. A walk-way shall be ten (10) feet wide and be straight from street to street.
c. 
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
a. 
Lot dimensions and area shall not be less than the requirements of the zoning chapter.
b. 
Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.
c. 
Each lot must front upon an approved street at least fifty (50) feet in width except lots fronting on streets described in subsection 33-9.2d1 of this chapter.
d. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such new right-of-way line, and all setbacks shall be measured from such line.
e. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation withhold approval of such lots.
a. 
In large scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least twenty (20) feet wide unless depth of pipe, soil conditions, or additional utilities require wider, and located in consultation with the companies or municipal departments concerned.
b. 
Where a subdivision is traversed by a watercourse, drainage way channel or street, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose of maintaining stormwater flow as may be required by the reviewing agency.
c. 
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
If, before final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board is required to act, that person shall be subject to the penalty provided in N.J.S.A. 40:55D-55.
In addition to the foregoing, if the streets in the subdivision are not such that a structure on the land in the subdivision would meet requirements for a building permit under Section Three of the Official Map and Building Permit Act (1953) the Borough may institute and maintain a civil action:
a. 
For injunction relief.
b. 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if the certificate of compliance has not been issued with Section 24 of Chapter 433 of the Laws of 1953, but only if the Borough has a Planning Board or a Committee thereof with power to act and which:
1. 
Meets regularly on a monthly or more frequent basis, and
2. 
Whose Governing Body has adopted standards and procedures in accordance with Section 20 of Chapter 433 of the Laws of 1953.
In any action the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of the land, or within six (6) years if unrecorded.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of Woodland Park. Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one (1) or more of these regulations is impracticable or will exact undue hardship, the Planning Board may permit a variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
All fees as hereinafter required shall be payable to the Borough of Woodland Park, and unless otherwise required herein are to be submitted to the Secretary of the Planning Board or Board of Adjustment, as the case may be, at the time of filing any application for development. All permits, determinations, resolutions or certificates of approval are subject to the payment of all fees provided for in this section, and no approvals shall be given by the Planning Board or Board of Adjustment or any certificates, permits or transcripts issued by designated personnel until proof has been submitted to them that the requisite fees have, in fact, been paid to the Borough.
All fees as hereinafter required shall be payable to the Borough of Woodland Park, and unless otherwise required herein are to be submitted to the Secretary of the Planning Board or Board of Adjustment, as the case may be, at the time of filing any application for development. All permits, determinations, resolutions or certificates of approval are subject to the payment of all fees provided for in this chapter, and no approvals shall be given by the Planning Board or Board of Adjustment or any certificates, permits or transcripts issued by designated personnel until proof has been submitted to them that the requisite fees have, in fact, been paid to the Borough.
There is hereby established, in connection with various applications for development and other matters which are the subjects of this section, the following schedule of fees which shall be computed and due cumulatively.
[Amended 1-16-2019 by Ord. No. 19-02]
a. 
Filing fee. An application to the Planning Board or Zoning Board of Adjustment for subdivision of land shall be accompanied by a filing fee which shall be used to defray the administrative costs of processing the application as follows:
Type
Fee
Minor subdivision plan
$500 plus $250 per lot
Major subdivision sketch plat
$500
Major subdivision preliminary plat
$1,000 plus $250 per lot for the first 2 lots and $100 for lot for each additional lot thereafter
Major subdivision final plat
$500 plus $50 per lot
b. 
Review deposit. In addition to the required filing fees pursuant to Subsection a above, the applicant shall deposit adequate sums to cover the cost of review services provided by the Borough Engineer, Planning Consultant, Attorney and other professionals whose services are deemed necessary in connection with the application by the Borough agency as well as the cost of any stenographic recording, publication or notice. The Borough Treasurer shall place the deposit in a trust account in the name of the applicant and shall charge thereto all disbursements in connection with the costs referred to above. The amount to be deposited at the time application for preliminary site plan approval is filed shall be determined as follows:
Type
Fee
Minor subdivision plan
$2,000 plus $100 per lot
Major subdivision sketch plat
$20 per lot
Major subdivision preliminary plat
$3,000 plus $200 per lot
Major subdivision final plat
$500 plus $100 per lot
1. 
Any of the aforesaid deposit remaining in the trust account upon completion of the application procedure shall be returned to the applicant.
2. 
In the event the funds in the trust account become depleted prior to the completion of the application procedure and additional funds required for the purpose referred to above, the applicant shall deposit additional funds.
3. 
The Borough agency shall not process and/or take action on the application unless all fees and deposits required in the manner described above shall have been paid by the applicant.
[Amended 1-16-2019 by Ord. No. 19-02]
a. 
Fees.
Type
Fee
Filing fee:
Conceptual site plan
$500
Preliminary site plan:
Up to 1 acre
$1,000
More than 1 acre
$200 per acre over 1 acre
Final site plan:
Up to 1 acre
$500
More than 1 acre
$100 per acre
Additional fees:
Preliminary site plan
$20 per 100 square feet of proposed building or $25 per dwelling unit
Final site plan
$10 per 100 square feet of proposed building or $15 per dwelling unit
For proceedings governed by N.J.S.A. 40:55D-70c:
Nonresidential
$600
Residential
$400
b. 
Review deposit. In addition to the required filing fees pursuant to Subsection a above, the applicant shall deposit adequate sums to cover the cost of review services provided by the Borough Engineer, Planning Consultant, Attorney and other professionals whose services are deemed necessary in connection with the application by the Borough agency as well as the cost of any stenographic recording, publication or notice. The Borough Treasurer shall place the deposit in a trust account in the name of the applicant and shall charge thereto all disbursements in connection with the costs referred to above. The amount to be deposited at the time application for preliminary site plan approval is filed shall be determined as follows:
1. 
$3,000 for the first 20,000 square feet or fraction thereof, plus
(a) 
$500 for each 10,000 square feet or fraction thereof of lot area over 20,000 square feet, plus
(b) 
$500 for first 1,000 square feet of floor area of any new building or alteration of or addition to an existing building on subject property, plus
(c) 
$100 for each 1,000 square feet or fraction thereof of floor area over 1,000 square feet.
2. 
For purposes of determining the amount of deposit, if only a portion of property is to be developed and the property can be further subdivided or developed under the terms of this section, the lot area shall be construed to be an area which may be subdivided and/or developed under the terms of this section wherein all proposed buildings and improvements would meet all required setback, open space, drainage, landscaping and off-street parking requirements.
(a) 
Any of the aforesaid deposit remaining in the trust account upon completion of the application procedure shall be returned to the applicant.
(b) 
In the event the funds in the trust account should become depleted prior to the completion of the application procedure and additional funds required for the purposes referred to above, the applicant shall deposit sufficient additional funds.
(c) 
The Borough agency shall not process and/or take action on the application unless all fees and deposits required in the manner described above shall have been paid by the applicant.
[Amended 1-16-2019 by Ord. No. 19-02]
a. 
Filing fees.
Type
Fee
Conditional use application
$500 + escrow
Zone change
$1,200 + $2,500 escrow
Special meeting
$1,500
Letter of interpretation
$25
Signage
$3 per square foot in addition to other fees
[Ord. No. 2017-36; amended 1-16-2019 by Ord. No. 19-02]
a. 
Filing fee. An application for a variance or appeal to the Board of Adjustment shall be accompanied by a filing fee due in addition to any other applicable fees hereunder, which shall be used to defray the administrative costs of processing the application as follows:
1. 
N.J.S.A. 40:55D-70a - Appeal of Zoning Officer's decision: $500.
2. 
N.J.S.A. 40:55D-70b - Request for interpretation: $350.
3. 
N.J.S.A. 40:55D-70c - Bulk variances:
(a) 
Residential: $500.
(b) 
Nonresidential: $750.
4. 
N.J.S.A. 40:55D-70d - Use variance:
(a) 
Residential: $500.
(b) 
Nonresidential: $750.
5. 
N.J.S.A. 40:55D-34 - Construction within a mapped street or drainageway: $500.
6. 
N.J.S.A. 40:55D0-36 - Appeal for construction not on an improved street:
(a) 
Residential: $750.
(b) 
Nonresidential: $1,000.
7. 
Signs:
(a) 
Under 200 square feet: $300.
(b) 
200 square feet to 500 square feet: $500.
(c) 
Over 500 square feet: $1,000.
(d) 
Advertising and billboard signs: $1,000.
b. 
Review deposit. Escrow fees for the Board of Adjustment shall be a minimum of 2 1/2 times the application fee or as determined by the Zoning Officer.
[Amended 1-16-2019 by Ord. No. 19-02]
a. 
Inspection deposit. The applicant shall deposit, prior to final approval of a subdivision or site plan, adequate sums to cover the cost of inspection services provided by the Borough Engineer, Planning Consultant, and other personnel whose services are deemed necessary in connection with improvements to be installed for the project. The Borough Treasurer shall place the deposit in a trust account in the name of the applicant and shall charge thereto all disbursements in connection with costs referred to above. The amount of the deposit shall be $500 plus 10% of the cost of necessary improvements as estimated by the Borough.
1. 
Any of the aforesaid deposit remaining in the trust account upon completion of the application procedure shall be returned to the applicant.
2. 
In the event the funds in the trust account should become depleted prior to the completion of the application procedure and additional funds required for the purposes referred to above, the applicant shall deposit sufficient additional funds.
3. 
The Borough agency shall not process and/or take action on the application unless all fees and deposits required in the manner described above shall have been paid by the applicant.
Any applicant who has obtained requisite final site plan approval from the appropriate local agency prior to the effective date of this section (December 31, 2004), and who may or will become obligated to pay the fees set forth in this section, shall be entitled to make prepayment of the land use fees set forth in this section in the amounts in effect prior to the effective date of this section. Any prepayment of fees as permitted by this section shall, however, be conditioned upon the applicant's full waiver of a refund of any fees paid, even in the event the applicant does not ultimately incur some or all of the land use fees applied and paid for.
b. 
The fee for a construction deposit, certificate of occupancy, sign permit or permit for the demolition of a building shall be paid to the Borough of Woodland Park at the time application is made therefor.