[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]
a.
Amendments Enumerated.
1.
Article One of the model ordinance ("General Provisions") is not
adopted.
2.
Article Two of the model ordinance ("Definitions") is modified as
follows:
(a)
"BOARD OF ADJUSTMENT" is defined as "The municipal planning board
established pursuant to N.J.S.A. 40:55D-23."
(b)
The term "MINOR SITE PLAN" and its definition are not adopted.
(c)
"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."
3.
Article Three ("Administration") of the model ordinance is amended
as follows:
(a)
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."
(b)
Section D ("Subdivision and Site Plan Committee") is deleted.
4.
Article Four of the model ordinance ("Procedure") is amended as follows:
(a)
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."
(b)
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."
(d)
The heading of section D is amended to delete the words "AND MINOR
SITE PLAN."
(e)
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."
(g)
Subsection 4 of section D is amended to delete reference to the "subdivision and site plan committee".
(i)
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
Preliminary Approval."
"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."
(j)
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."
(k)
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."
(l)
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."
5.
Article Five of the model ordinance ("Design Guidelines and Standards")
is amended as follows:
(a)
"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."
(c)
Paragraph a of subsection 8 of section D is amended to insert the
words "the Zoning Officer" in the bracketed space.
(d)
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.
(f)
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."
6.
Article 6 of the model ordinance ("Improvement Standards") is amended
as follows:
(a)
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.
7.
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.
