[Adopted 6-8-1998 by Ord. No. 187]
This chapter shall be known, and may be cited, as "the Subdivision and Site Plan Ordinance of the Borough of Roosevelt."
The purpose of this chapter is to exercise the authority delegated to municipalities under Article 6 of the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55-37 et seq.), entitled "Subdivision and Site Plan Review and Approval," to regulate development and to promote good planning practice. This chapter is designed to protect the public health, safety and general welfare.
Except as otherwise provided in the Residential Site Improvement Standards adopted by rule by the Commissioner of Community Affairs pursuant to section 4 of P.L. 1993, c. 32 (N.J.S.A. 40:55D-40.4) and set forth at N.J.A.C. 5:21-1 et seq., which regulations shall be enforced in conjunction with this chapter, all review and approval of subdivision and site plan applications shall be governed by the provisions of the "Model Subdivision and Site Plan Ordinance" (hereinafter the "model ordinance"), which was prepared for the New Jersey Department of Community Affairs by the Center for Urban Policy Research of Rutgers-The State University and published in January, 1987, and is hereby incorporated into this chapter by reference, subject to the modifications set forth below. Language that is bracketed in the text of the model ordinance is not adopted, unless otherwise indicated below.
[Ord. No. 187-1]
Article One of the model ordinance ("General Provisions") is not adopted.
Article Two of the model ordinance ("Definitions") is modified as follows:
"BOARD OF ADJUSTMENT" is defined as "The municipal planning board established pursuant to N.J.S.A. 40:55D-23."
The term "MINOR SITE PLAN" and its definition are not adopted.
"MINOR SUBDIVISION" is defined as "A division of a lot, tract or parcel of land into not more than two lots, provided that such subdivision does not involve (1) a planned development, (2) any new street, or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42."
Article Three ("Administration") of the model ordinance is amended as follows:
The text of section A ("Planning Board and Board of Adjustment") is deleted and the following text is substituted:
"A. ADMINISTRATIVE OFFICER AND ASSISTANTS: The secretary of the planning board is hereby designated as the administrative officer whose tasks are specified in this ordinance. The administrative officer shall be responsible for ensuring orderly and expeditious processing of subdivision and site plan applications. The municipal clerk and deputy municipal clerk are hereby designated as first and second assistant administrative officers, respectively, and are authorized to accept filed documents and fees on behalf of the administrative officer. The tax assessor is hereby designated as special assistant administrative officer for purposes of providing and certifying lists of property owners entitled to receive notice of applications and hearings."
Section D ("Subdivision and Site Plan Committee") is deleted.
Article Four of the model ordinance ("Procedure") is amended as follows:
Paragraphs b, c and d of subsection 1 of section B are amended to read as follows:
"b. The pre-application conference allows the applicant to meet with appropriate municipal representatives. Those individuals, who shall be designated by the planning board, may include:
1) Municipal engineer;
2) Municipal planner;
3) Municipal zoning officer;
4) Representatives from the planning board;
5) Representatives from the environmental commission, the historic district advisory council, the board of education, and other boards and commissions, as deemed appropriate;
6) Any other representative(s) invited by the planning board chairperson."
"c. Applicants seeking a pre-application conference shall submit the information stipulated in Article Eight of this ordinance 15 days prior to the pre-application conference."
"d. The applicant shall not be required to pay a fee for the pre-application conference. If required and paid for by the applicant, a brief written summary of the pre-application conference shall be provided within five working days after the final meeting."
Paragraphs b and c of subsection 2 of section B are amended to read as follows:
"b. Applicants seeking concept plan informal review shall submit the items stipulated in Article Eight of this ordinance 32 days before the concept plan meeting. These items provide the subdivider and planning board with an opportunity to discuss the development proposal in its formative stages."
"c. A brief written summary of the concept plan review shall be provided by the administrative officer within five working days after the final meeting."
Subsection 1 of section C is amended to delete reference to "minor site plan."
The heading of section D is amended to delete the words "AND MINOR SITE PLAN."
Subsection 1 of section D is amended to read as follows:
"l. Any applicant requesting approval of a proposed minor subdivision, as defined in this ordinance, shall submit to the administrative officer four copies of items required in Article Eight of this ordinance, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property."
Subsection 3 of section D is deleted.
Subsection 4 of section D is amended to delete reference to the "subdivision and site plan committee".
Subsection 6 of section D is amended to delete the words "and site plan" where they appear.
Paragraphs a and b of subsection 1 of section E are amended to read as follows:
"a. Applicants of planned unit developments, major site plans, or major subdivisions of at least 10 acres comprised of a minimum of 10 dwelling units, 10,000 square feet of nonresidential building area shall have the option of bifurcating preliminary approval into two phases: phase one-General Development Plan and phase two-Preliminary Approval. An applicant may seek variances for density, nonresidential square footage or use along with phase one-General Development Plan. All other variances shall be sought at phase two
"b. An applicant requesting General Development Plan approval shall first submit, to the administrative officer of the planning board, six copies of the materials stipulated in Article Eight of this ordinance."
Paragraphs d and f of subsection 1 of section E is amended to read as follows:
"d. An application for approval of a General Development Plan shall require a public hearing and notice pursuant to the provisions of N.J.S.A. 40:55D-10, N.J.S.A. 40:55D-11, and N.J.S.A. 40:55D-12."
"f. Phase One, General Development Plan, shall confer upon the applicant the following rights for a period of at least one year, or for a longer period if determined by the planning board:
1) The total number of residential dwelling units, and the general type (single-family detached residences, townhouses, garden apartments, etc.).
2) The amount and type of nonresidential gross floor area, i.e., commercial, office, institutional, industrial.
The planning board shall indicate the following which shall not vest, but still be presumed to be valid at Phase Two
Preliminary Approval, subject to engineering and environmental considerations:
1) The location of the collector roads.
2) The general location of the different uses and density by land use area."
Paragraph a of subsection 2 of section E is amended to read as follows:
"a. Following approval of the General Development Plan (or if the applicant does not choose to seek General Development Plan approval), the applicant seeking preliminary major subdivision or preliminary major site plan approval shall submit to the administrative officer six copies of the materials stipulated in Article Eight of this ordinance."
Paragraph a of subsection 4 of section E is amended to read as follows:
"a. An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the administrative officer, or other designee, six copies of the materials specified in Article Eight of this ordinance. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the planning board. The final plat shall also be accompanied by a statement from the municipal engineer that the municipality is in receipt of as-built plans showing all streets and utilities in exact location and elevation and identifying those portions already installed and those to be installed, and/or certified in the amount of performance guarantees required to assure completion of those improvements not yet installed as stipulated in Article Six of this ordinance or, in the case of a residential development, in N.J.A.C. 5:21."
Article Five of the model ordinance ("Design Guidelines and Standards") is amended as follows:
"7. Building Design: All buildings shall be designed so as to promote maximum compatibility with their physical surroundings and with nearby existing structures. Buildings in a planned community development shall be designed in accordance with any applicable criteria set forth in the Zoning Ordinance of the Borough of Roosevelt."
Subsection 1 of section C is adopted together with all words and phrases appearing in brackets.
Paragraph a of subsection 8 of section D is amended to insert the words "the Zoning Officer" in the bracketed space.
Paragraph b of subsection 8 of section D is amended to insert the words "the Planning Board" and the word "its" in the appropriate bracketed spaces.
Paragraphs a and f of subsection 3 of section E and paragraph c of subsection 4 of section E are adopted together with the words appearing in the brackets.
Subparagraph 1) and 2) of paragraph b of subsection 5 of section E are amended to read as follows:
"1) Where more-intensive land uses abut less-intensive uses, a buffer strip shall be provided which the Planning Board determines to be sufficient to assure compatibility of the uses."
"2) Parking areas, garbage collection and utility areas, and loading and unloading areas, shall be screened around their perimeter by a buffer strip of sufficient width to protect adjoining properties from nuisance factors, but not less than five feet wide."
Subparagraph 3) of paragraph b of subsection 5 of section E is adopted together with the words appearing in the brackets.
Paragraph a of subsection 6 of section E is adopted together with words appearing in brackets. The words "or such distance as the Planning Board may determine to be necessary in order to minimize factors" are hereby added after the words "five feet wide."
Article 6 of the model ordinance ("Improvement Standards") is amended as follows:
The following sentence is added to section A, which is entitled "PURPOSE AND APPLICABILITY": This Article shall be applicable to any development that is entirely residential only to the extent that it does not conflict with the provisions of N.J.A.C. 5:21, the Residential Site Improvement Standards adopted by the Commissioner of Community Affairs.
"Paragraph e of subsection 6 of section B is adopted together with the words appearing in brackets.
Paragraph a of subsection 1 of section F is deleted.
Section D of Article 7 ("Off-Tract Improvements") is amended to read as follows: "ESCROW ACCOUNTS: Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited in an interest-bearing account to the credit of the municipality in a separate account until such time as the improvement is constructed. If an off-tract improvements is not begun within 20 years of deposit, all monies and interest shall be returned to the applicant."
The Planning Board shall have authority to require compliance with any standard or requirement set forth in the "Background Section" of the model ordinance.