Borough of Moonachie, NJ
Bergen County
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Table of Contents
Table of Contents
[Ord. #194, A I; Ord. #79-19; 1970 Code § 16-1]
An ordinance establishing rules, regulations and standards governing the subdivision of land and site plan review within the Borough pursuant to the authority set forth in Chapter 291 of the Laws of 1975, and amendments and supplements thereto, setting forth the procedure to be followed by the approving authority in applying and administering these rules, regulations and standards and providing penalties for the violations thereof.
[Ord. #194, AII; Ord. #79-19; 1970 Code § 16-2]
This Chapter shall be known as the "Land Subdivision and Site Plan Review Chapter of the Borough of Moonachie".
[Ord. #194, A III; Ord. #79-19; 1970 Code § 16-3]
Such regulations are deemed necessary to protect the character, stability and orderly development of all areas of the community; to secure safety from fire, flood, panic and other natural and man-made disasters and hazards; to encourage the proper location and design of streets; to promote a desirable visual and aesthetic environment through creative development techniques and good civic design and arrangements; to promote the conservation of open space and valuable resources; to prevent degradation of the environment through improper land use; to provide adequate light, air and open space; and to provide rules, regulations and procedures which will guide the appropriate development of lands within the community in order to promote the public health, safety, morals and general welfare.
[Ord. #79-19; 1970 Code § 16-4.1]
Unless the context otherwise indicates, the following definitions shall be used in the interpretation and construction of the Chapter. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "structure" shall include the word "building"; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot"; the word "occupied" includes the words "designed or intended to be occupied"; the word "used" shall include the words "arranged, designed, constructed, altered, converted, rented, leased, or intended to be used"; the word "may" is permissive.
[Ord. #79-19; Ord. #80-7; 1970 Code § 16-4]
As used in this Chapter:
ADMINISTRATIVE OFFICER
Shall mean the Borough Clerk unless different municipal official or officials are designated as such by statute.
APPLICANT OR DEVELOPER
Shall mean a developer submitting an application for development. The legal or beneficial owner or owners of a lot or of any land proposed to be included in the proposed development including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in the land.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to law.
APPROVING AUTHORITY
Shall mean the Borough Planning Board or the Board of Adjustment, as the case may be, as provided in Section 21-5.
BOARD
Shall mean the Planning Board of the Borough.
BUILDING
Shall mean a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
COMMON OPEN SPACE
Shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMPLETE APPLICATION
Shall mean an application form completed as specified by ordinance and the rules and regulations of the municipal agency, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat; provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the municipal agency.
CONDITIONAL USE
Shall mean a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the Planning Board.
CONVENTIONAL DEVELOPMENT
Shall mean development other than planned development.
COUNTY PLANNING BOARD
Shall mean the county planning board as defined in Section 1 of P.L. 1968, c. 285 (C. 40:27-6.1), of the county in which the land or development is located.
DEVELOPMENT
Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any mining, excavation or landfill, any building or other structure and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required.
DIVISION
Shall mean the Division of State and Regional Planning in the New Jersey Department of Community Affairs.
DRAINAGE
Shall mean the removal of surface water or ground water from land by drains, grading or other means including the control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
Shall mean the lands required for the installation of storm water 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.
ENVIRONMENTAL COMMISSION
Shall mean a municipal advisory body created pursuant to P.L. 1968 C. 245 (C. 40:56A-1 et seq.).
EROSION
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FINAL APPROVAL
Shall mean the official action of the approving authority taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees, which in the case of subdivision, shall be filed with the proper County Recording Officer. Final approval may also encompass preliminary approval at the simultaneous time if in the opinion of the approving authority both final approval and preliminary approval may be granted in accordance with the rules and standards required by law.
FLOOR AREA
Shall mean the sum of the gross horizontal areas of the several floors of a building measured from the exterior walls in a building. "Floor area" shall not include areas devoted to mechanical equipment serving the building, stairways and elevators or areas devoted exclusively to off-street parking and loading space for motor vehicles or to off-street parking and loading space for motor vehicles or to any space where floor-to-ceiling height shall be less than seven feet.
GOVERNING BODY
Shall mean the Mayor and Borough Council of the Borough.
HISTORIC SITE
Shall mean any building, structure, area or property that is significant in the history, architectures, archeology or culture of this State, its communities or the nation and has been so designated.
INTERESTED PARTY
Shall mean (a) in a criminal or quasi- criminal proceeding, any citizen of the State of New Jersey; and (b) in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the Borough, whose right to use, acquire or enjoy property is affected by any action taken under this Chapter or whose rights to use, acquire or enjoy property under this Chapter or under any other law of this State or the United States have been denied, violated or infringed by an action or failure to act under this Code.
LAND
Shall mean and include improvements and fixtures on, above or below the ground surface.
LOT
Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MAINTENANCE GUARANTEE
Shall mean security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by this Chapter.
MAJOR SUBDIVISION
Shall mean any subdivision not classified as a minor subdivision.
MASTER PLAN
Shall mean a composite of one or more written or graphic proposals for the development of the Borough which shall have been duly adopted by the Planning Board.
MINOR SITE PLAN
Shall mean a development plan of one or more lots which:
a. 
Proposes new development within the scope of development specifically permitted by ordinance as a minor site plan;
b. 
Does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to Section 30 of this Act (C. 40:55D-42); and
c. 
Contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
MINOR SUBDIVISION
Shall mean a subdivision of land for the creation of not more than three lots fronting upon an existing street; provided that such subdivision does not involve:
a. 
A planned unit development;
b. 
Any new street; or
c. 
The extension of any off-tract improvement, the cost of which is to be prorated pursuant to section 30 of the Land Use Act (C. 49:55D-42)
OFF-TRACT
Shall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
OFFICE BUILDING
Under the provisions of Chapter 220 of the Laws of 1975 pertaining to physically handicapped persons, an "office building" shall mean a building or structure of more than 10,000 square feet of gross floor area wherein commercial or business activity or service is performed or a profession is practiced, or wherein any combination thereof is performed or practiced in all or the majority of such building or structure.
OFFICIAL MAP
Shall mean a map and accompanying ordinance adopted by the governing body pursuant to law. Such a map shall be deemed to be conclusive with respect to the location and width of streets and public drainage ways and the location and extent of flood control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence.
OFFSITE
Shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
ON-TRACT
Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
ONSITE
Shall mean located on the lot in question.
OPEN SPACE
Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
PARTY IMMEDIATELY CONCERNED
Shall mean any application for development, the owners of the subject property and all owners of property and government agencies entitled to notice.
PERFECTED APPLICATION
Shall mean, for the purpose of this Chapter, one that is submitted in a proper and complete form, including all required application forms, maps and reviews prior to scheduling of a public hearing, where required, or formal action being taken by the approving authority; all required fees are submitted and filed within the appropriate time schedules; proof that no taxes or assessments for local improvements are due or delinquent on the property for which approval is sought; and all other governmental approvals are received by the approving authority within the required time periods. This definition is to be read in pari materia with the definition of "complete application".
PERFORMANCE GUARANTEE
Shall mean any security which may be accepted by the Borough, including cash; provided that the Borough shall not require more than 10% of the total performance guarantee in cash.
PHYSICAL HANDICAP
Shall mean a physical impairment which confines a person to a wheelchair; causes a person to walk with difficulty or insecurity; affects the sight or hearing to the extent that a person functioning in public areas is insecure or exposed to danger; causes faulty coordination; or reduces mobility, flexibility, coordination and perceptiveness to the extent that facilities are needed for the safety of that person.
PLAT
Shall mean a map or maps of a subdivision or site plan pursuant to the provisions of this Chapter.
PRELIMINARY APPROVAL
Shall mean the conferral of certain rights pursuant to this Chapter prior to final approval after specific elements of a development plan have been agreed upon by the approving authority and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Shall mean architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
PUBLIC AREAS
Shall mean and include:
a. 
Public parks, playgrounds, trails, paths and other recreational areas;
b. 
Other public open spaces;
c. 
Scenic and historic sites; and
d. 
Sites for schools and other public buildings and structures.
PUBLIC BUILDING
Under the provisions of Chapter 20 of the Laws of 1975 pertaining to physically handicapped persons, "public building" shall mean any building, structure, facility or complex used by the general public, including, but not limited to, theaters, concert halls, auditoriums, museums, schools, libraries, recreational facilities, public transportation terminals and stations, factories, office buildings, business establishments, passenger vehicle service stations, shopping centers, hotels or motels, and public eating places, constructed by any State, County or municipal government agency or instrumentality or any private individual, partnership, association or corporation, with the following exceptions: One to four family private residences; warehouse storage areas; and all buildings classified as hazardous occupancies. As used herein, "hazardous occupancy" shall mean the occupancy or use of a building or structure or any portion thereof that involves highly combustible, highly flammable, or explosive material, or which has inherent characteristics that constitute a special fire hazard.
PUBLIC DRAINAGE WAY
Shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion.
PUBLIC OPEN SPACE
Shall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, State or County agency, or other public body for recreational or conservational uses.
RESIDENTIAL CLUSTER
Shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESUBDIVISION
Shall mean the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
SEDIMENTATION
Shall mean the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SIGHT TRIANGLE
Shall mean a triangle shaped easement established at the intersection of two streets or a driveway and a street in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of three feet above the curb level of the street or driveway. The Borough shall have the right of entry to remove any obstruction to vision within the sight area not conforming to standards of this definition, following due notice to the property owner.
The triangle shall be determined along such street lot lines or edge of driveway 30 feet distance from their joint intersection.
SITE PLAN
Shall mean a development plan of one or more lots on which is shown:
a. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways;
b. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and
c. 
Any other information that may be reasonably required in order to make an informed determination pursuant to this Chapter.
SKETCH PLAT
Shall mean the sketch plat of a subdivision to be used for the purpose of discussion and classification and meeting the requirements of Section 21-9 herein.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (a) which is an existing State, County or municipal roadway; or (b) which is shown upon a plat heretofore approved pursuant to law; or (c) which is shown 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, curbs, sidewalks, parking areas within the street. For the purpose of this Chapter, "streets" shall be classified as follows:
a. 
Arterial streets shall mean those which are used primarily for fast or heavy traffic.
b. 
Collector streets shall mean 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. 
Marginal access streets shall mean streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
d. 
Minor streets shall mean those which are used primarily for access to the abutting properties.
STRUCTURE
Shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of a parcel of land.
SUBDIVISION
Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this Chapter if no new streets are created or extension of utilities required:
a. 
Divisions of land found by the approving authority to be for agricultural purposes where all resulting parcels are five acres or larger in size;
b. 
Divisions of property by testamentary or intestate provisions;
c. 
Divisions of property upon court order and, including but not limited to judgments of foreclosure;
d. 
Consolidation of existing lots by deed or other recorded instrument; and
e. 
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the Borough. The term "subdivision" shall also include the term "resubdivision".
TRANSCRIPT
Shall mean a typed or printed verbatim record of the proceedings or reproduction thereof.
[Ord. #194, A V, § 1; Ord. #69-2, §§ 1, 2; Ord. #79-19; Ord. #80-7; 1970 Code § 16-5.1]
The provisions and terms of the land use procedures ordinance of the Borough shall apply herein for purposes of the administration and enforcement of this section specifically and this Chapter generally.
[Ord. #194, A V, § 2; Ord. #69-2, § 3; Ord. #79-19; 1970 Code § 16-5.2]
In accordance with Chapter 291 of the Laws of 1975, the Board of Adjustment shall act as approving authority for subdivision plats as a condition for filing such plats with the County Recording Officer and for site plan approval as follows:
a. 
Where a use variance, pursuant to N.J.S.A. 40:55D-70(d) is requested in which a subdivision and/or a site plan is a part of the application.
[Ord. #69-2, § 4; Ord. #79-19; 1970 Code § 16-5.3]
In the case of a variance request pursuant to N.J.S.A. 40:55D-60 from lot area, lot dimension, setback and yard requirements where the relief sought from lot area requirements exceeds one lot, an application for subdivision or site plan approval shall proceed initially with the Planning Board, and if approved by the Board, the applicant shall then proceed to the Board of Adjustment as to the lot area variances only.
[Ord. #194, A V, § 4; Ord. #79-19; 1970 Code § 16-5.4]
Except for public hearings, the approving authority, when acting upon applications for minor, preliminary, and final subdivision approval and preliminary and final site plan approval shall have the power to grant such exceptions from the requirements of this Chapter as may be reasonable and within the general purpose and intent of the provisions of this Chapter, if the literal enforcement of one or more provisions of the Chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[Ord. #79-19; 1970 Code § 16-5.5]
Except as provided in subsection 21-5.3, the approving authority shall have the power to review and approve one or more land use ordinance requirements simultaneously with review for subdivision and site plan approval without the applicant being required to make further application to the approving authority, or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision conditional use, site plan approval, or variance shall apply. Whenever approval of a conditional use or a use variance is requested by the applicant, notice of the hearing on the plat shall include references to the request for such conditional use or use variance.
[Ord. #194, AVI, § 1; Ord. #79-19; 1970 Code § 16-6.1; Ord. #90-17, § 4]
The fee schedule set forth in subsection 22-7.1 of Chapter 22, Zoning, is hereby adopted as part of this Chapter and the fees enumerated therein shall be applicable in proceedings hereunder.
[Ord. #194, A VII, § 1; Ord. #79-19; Ord. #80-7; 1970 Code § 16-7.1]
The provisions and terms of Chapter 20, Land Use Procedures, shall apply herein for purposes of the administration and enforcement of this section specifically and this Chapter generally.
[Ord. #194, A VIII, § 1; Ord. #79-19; 1970 Code § 16-8.1]
The rules, regulations and standards contained herein shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken 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 applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the approving authority may permit such waivers as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this Chapter.
The waiver provisions of this section shall be applicable to the entire ordinance herein except where specifically prohibited by law.
Any waiver provided hereunder by the approving authority shall be specified in the written resolution of approval, whether conditional or otherwise, with the reasons granting such waiver also specified.
[Ord. #194, A XI, § 1; Ord. #79-19; 1970 Code § 16-9.1]
Any application for land subdivision shall submit six copies of a sketch plat of the proposed subdivision for the purpose of classification and preliminary discussion. The sketch plat shall be submitted to the administrative officer at least two weeks prior to the regular meeting of the approving authority.
[Ord. #79-19; 1970 Code § 16-9.2]
If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which shall be returned to the applicant for compliance with the procedures in Sections 21-11 and 21-12.
[Ord. #79-19; 1970 Code § 16-9.3]
The sketch plat shall be based on tax map information or other similarly accurate base, at a scale of not less than 50 feet to the inch. The entire tract shall be shown on one sheet. It 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.
c. 
The names of the owners 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, roads, railroads and streams within 500 feet of a subdivision.
[Ord. #79-19; 1970 Code § 16-10.1]
An application shall be submitted to the administrative officer, in writing, in triplicate, on forms supplied by the approving authority. Receipt of an application for minor subdivision approval shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 21-6, shall be submitted with the application form.
[Ord. #79-19; 1970 Code § 16-10.2]
The application shall be accompanied by six copies of the proposed subdivision accurately drawn to a scale of not less than one inch equals 50 feet certified by a licensed land surveyor. The minor subdivision plat may be in conformance with the "Map Filing Act", P.L. 1960 c. 141 (C. 46:23-9.9 et seq.) and shall indicate:
a. 
The location of the lots to be created in relation to the entire tract.
b. 
All existing structures and wooded areas within the subdivision and within 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 street and streams within 200 feet of the subdivision.
f. 
The area in square feet of all lots to be created.
g. 
A key map showing the entire subdivision and its relation to surrounding areas.
h. 
Easements, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes, rights-of-way, drainage easements, prior variances.
i. 
Acreage of the entire parcel to be subdivided.
j. 
History of any previous actions or restrictions on the property.
[Ord. #79-19; 1970 Code § 16-10.3]
The approving authority shall grant or deny approval within 45 days of submission of a complete and perfected application, or within such time as may be consented to, in writing, by the applicant.
Failure to the approving authority to act within the time period shall constitute minor subdivision approval. A certificate by the administrative office as to the failure of the approving authority shall be issued on request of the applicant whose signature shall be sufficient in lieu of the chairman and secretary of the approving authority and shall be so accepted by the County Recording Officer for the purposes of filing subdivision plats.
Whenever review or approval is required by the County Planning Board or a State agency, the approving authority shall not accept an application as perfected unless receipt of approval is received from said County or State agency. Under appropriate circumstances, the approving authority may condition its approval upon a timely receipt of a favorable report from the County or State agency.
[Ord. #79-19; 1970 Code § 16-10.4]
Minor subdivision approval shall be deemed to be final approval of the subdivision subject to subsection 21-10.5.
Approval of a minor subdivision shall expire 190 days from the date of approval by the approving authority unless within such a period a plat in conformance with the "Map Filing Act", P.L. 1960 c. 141 (C. 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 Borough Engineer, and the Borough Tax Assessor. In addition, copies shall be submitted to the Borough Clerk, Construction Official, and the administrative officer.
Any such plat or deed accepted for such filing shall have been signed by the chairman and the secretary of the approving authority.
[Ord. #79-19; 1970 Code § 16-10.5]
The zoning requirements and general terms and conditions, whether conditional or otherwise, shall not be changed or abridged for a period of two years after the date of minor subdivision approval, provided the approved minor subdivision shall have been duly recorded as provided herein.
[Ord. #79-19; 1970 Code § 16-10.6]
Before recording a minor subdivision plat or deed in lieu thereof, the approving authority may require the installation and maintenance of on and off-tract improvements. The improvements may require the furnishing of performance and maintenance guarantees in accordance with Section 21-18.
[Ord. #79-19; 1970 Code § 16-11.1]
An application shall be submitted to the administrative officer in writing in triplicate on forms supplied by the approving authority. Receipt of an application for preliminary major subdivision approval shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 21-6 shall be submitted with the application form.
[Ord. #79-19; 1970 Code § 16-11.2]
The application shall be accompanied by 10 copies of the proposed subdivision accurately drawn to a scale of not less than one inch equals 50 feet, certified by a licensed land surveyor as to existing features and boundaries. The subdivision plat shall be in conformance with the "Map Filing Act", P.L. 1960 c. 141 (C. 46:23-9.9 et seq). All design features shall be prepared by a licensed professional engineer.
[Ord. #79-19; 1970 Code § 16-11.3]
The preliminary plat shall contain the following:
a. 
Date. All revisions shall be noted and dated.
b. 
Key map showing the location of the tract with reference to the surrounding properties, existing streets, and streams within 500 feet of the subdivision.
c. 
Title of development; north arrow; scale; block and lot number; name and address of record owner; name and address, license number and seal of person preparing the subdivision. If the owner of the premises is a corporation, the name and address of the president and secretary shall be submitted on the application.
d. 
All distances shall be in feet and decimals of a foot and all bearings shall be given to the nearest 10 seconds.
e. 
The names, as shown on current tax records, of all owners of property within 200 feet of the subdivision, together with the block and lot numbers of the property.
f. 
The zoning district in which the parcel is located together with the zone boundaries within 200 feet of the extreme limits of the property in question.
g. 
Survey data showing boundaries of the property, building or setback lines, and lines of existing and proposed streets, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way, to be prepared by a licensed land surveyor.
h. 
Reference to any existing or proposed covenants, deed restrictions, exceptions or variances covering all or any part of the parcel. A copy of such covenants, deed restrictions, exceptions or variances shall be submitted with the application.
i. 
The distances, measured along the right-of-way lines of existing streets abutting the property, to the nearest intersections with other public streets.
j. 
Location of existing buildings, and all other structures, including walls, fences, culverts and bridges; with spot elevations of such buildings and structures. Structures to be removed shall be indicated by dashed lines; structures to remain shall be indicated by solid lines.
k. 
Location of all existing and proposed storm drainage structures and utility lines whether publicly or privately owned, with pipe sizes, grades and direction of flow, locations and inlets, manholes or other appurtenances and appropriate invert and other elevations. If any existing utility lines are underground, the estimated location of the utility lines shall be shown.
l. 
Existing and proposed contours, referred to U.S. Coast and Geodetic datum, with a contour interval of one foot for slopes of less than 3%; an interval of two feet for slopes of more than 3% but less than 15%; and an interval of five feet for slopes of 15% or more. Existing contours are to be indicated by dashed lines and proposed contours are to be indicated by solid lines.
m. 
Location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant existing features including previous flood elevations of watercourses, ponds and marsh areas as determined by survey.
n. 
All proposed streets, with profiles, indicating grading; and cross-sections showing width of roadway, location and width of sidewalks and location and size of utility lines conforming to the Borough standards and specifications.
o. 
The location of all existing and proposed water lines, valves and hydrants and all sewer lines or alternative means of sewerage and sewerage disposal and treatment.
p. 
Existing and proposed storm water drainage system. All plans shall be accompanied by a separate sketch showing all existing drainage within 500 feet of any boundary, and all areas such as paved areas, grassed areas, wooded areas and any other surface areas contributing to the calculations and showing methods used in the drainage calculations.
q. 
Acreage, to the nearest tenth of an acre, of tract to be subdivided and the area, in square feet, of all lots.
r. 
Such other information or data as may be required by the approving authority, the County Planning Board or other governmental agencies, for determination that the details of the subdivision are in accordance with the standards of this Chapter, Chapter 22, Zoning, and all other applicable laws, ordinances or resolutions.
[Ord. #79-19; 1970 Code § 16-11.4]
The applicant shall submit the preliminary subdivision application and plat maps and payment of all required fees to the administrative officer who shall submit copies of the preliminary plat to the following:
a. 
Approving authority attorney.
b. 
Borough Engineer.
c. 
Planning consultant.
d. 
Construction Official.
e. 
Board of Health.
f. 
Fire Department.
g. 
Police Department.
h. 
Department of Public Works.
i. 
Other municipal, County or State officials and agencies as directed by the approving authority.
The persons and boards shall make recommendations to the approving authority in writing within 35 days of the application submission. The approving authority shall take the recommendation into account, but shall have the authority to proceed in the absence of such recommendations if the approving authority finds such recommendations not to be essential to its determination.
If the preliminary plat is found to be incomplete, the applicant shall be notified by certified mail within 45 days of the date of submission or it shall be deemed to be perfected as to content.
Where adjustments or changes are required in the plat submission, the applicant shall be required to modify the plat in order to qualify as a perfected application for public hearing purposes.
[Ord. #79-18; 1970 Code § 16-11.5]
Any subdivision application, requiring County Planning Board or other governmental agency approvals, shall be submitted by the applicant to the Bergen County Planning Board or other governmental agency for review and approval. The approving authority may condition any approval that it may grant upon the timely receipt of a favorable report on the application by the County Planning Board or other governmental agency by its failure to report thereon within the required time period.
A preliminary subdivision requiring County Planning Board or other governmental agency approval which may or may not have been received at the time of the public hearing in the Borough, shall require the public hearing to be continued until such time as the required reports are received or by the failure to report thereon within the required time period.
[Ord. #79-18; 1970 Code § 16-11.6]
a. 
The applicant shall be required to submit proof that no taxes or assessments for local improvements are due or delinquent on the property for which preliminary approval is sought.
b. 
All applicable fees shall be paid prior to any action by the approving authority.
[Ord. #79-18; 1970 Code § 16-11.7]
Upon submission of a perfected application, the administrative officer shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in subsection 21-7.3 for public hearings.
[Ord. #79-19; 1970 Code § 16-11.8]
The approving authority shall grant, condition, or deny preliminary subdivision approval within 45 days of a perfected application or within such further time as may be consented to by the applicant for subdivisions of 10 or fewer lots, or 95 days for subdivisions containing more than 10 lots.
Failure of the approving authority to act within the prescribed time periods or to obtain an extension from the applicant, in writing, shall constitute a preliminary approval by the approving authority.
[Ord. #79-19; 1970 Code § 16-11.9]
If the approving authority acts favorably on a preliminary plat, the applicant shall submit six copies of a correct map to the administrative officer. The chairman and secretary shall affix their signature to the plat with a notation that it has received preliminary approval, and one such plat shall be returned to the applicant for compliance with final approval requirements.
Except as provided herein, preliminary approval of a major subdivision shall confer the following rights for a three-year period from the date of approval to the applicant:
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, curb and sidewalks; lot size; yard dimensions and off- street improvements; 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 subdivision plat, as the case may be;
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 years, provided that if the design standards have been revised by ordinance, such revised standards shall govern beyond the three-year period.
d. 
In the case of a subdivision of 50 acres or more, the approving authority may grant the rights referred to in paragraphs a, b, c above for such a period of time longer than three years, as shall be determined by the approving authority to be reasonable taking into consideration:
1. 
The number of dwelling units and nonresidential floor area permissible under preliminary approval;
2. 
Economic conditions; and
3. 
The comprehensiveness of the development.
The applicant may apply for thereafter and the approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable taking into consideration:
(1)
The number of dwelling units and nonresidential floor area permissible under preliminary approval;
(2)
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;
(3)
Economic conditions; and
(4)
The comprehensiveness of the development; provided that if the design standards have been revised, such revised standards shall govern beyond the three-year period.
Failure to obtain final approval within the prescribed time limits as herein defined shall void the preliminary plat approval.
[Ord. #79-19; 1970 Code § 16-12.1]
An application shall be submitted to the administrative officer in writing in triplicate on forms supplied by the approving authority. Receipt of an application for final subdivision approval shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 21-6, shall be submitted with the application form.
[Ord. #79-19; 1970 Code § 16-12.2]
The application shall be accompanied by an original cloth tracing and eight black and white prints of the proposed final subdivision. The plat shall not differ substantially from the approved preliminary plat.
[Ord. #79-19; 1970 Code § 16-12.3]
The final plat for filing purposes shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 50 feet and in compliance with all the provisions of the "Map Filing Act", P.L. 1960 c. (C. 46:23-9.9 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; area of each lot.
c. 
The names, exact locations and widths of all existing and recorded streets intersecting or paralleling the plot boundaries within a distance of 200 feet.
d. 
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.
e. 
Lot, block, and street numbers as approved by the Borough Engineer including lot and block numbers of abutting property.
f. 
Minimum building setback line on all lots and other sites.
g. 
Location and description of all monuments.
h. 
Names of owners of adjoining unsubdivided land.
i. 
Certification by applicant's surveyor and engineer as to accuracy of details of plat.
j. 
Certification that the applicant is agent or owner of the land, or that the owner has given consent under an option agreement.
k. 
When approval of a plat is required by any other officer or body of a municipality, County or State, such approval shall be certified on the plat, or evidence shall be submitted that an application has been made for such approval.
l. 
Final plat shall be accompanied by a statement of the Borough Engineer that he is in receipt of maps showing the position of all storm water drains, sanitary sewer mains and all utilities in exact location and elevation, together with any other data required and indicating the estimated cost of the installation of all public improvements required to be installed by the applicant.
m. 
Proposed final grades of all streets shall be shown to a scale of one inch equals five feet vertical and one inch equals 50 feet horizontal, on sheets 22 inches by 35 inches and drawings shall include both plans and profiles and shall show elevations of all monuments referred to U.S.C. and G.S. level bench marks, and such elevations shall be shown in feet and hundredths of feet.
n. 
Certificate from tax collector that all taxes are paid to date.
o. 
Written proof that the lands set aside or shown for easement, public use or streets are free and clear of all liens and encumbrances.
[Ord. #79-19; 1970 Code § 16-12.4]
The applicant shall submit the completed application and maps, and the payment of all required fees to the administrative officer, who shall submit copies of same to:
a. 
Borough Engineer.
b. 
Board of Health.
c. 
Planning consultant.
d. 
Board of Public Works.
e. 
Approving authority attorney.
Those persons and boards shall make recommendations in writing to the approving authority within 35 days of the application submission.
[Ord. #79-19; 1970 Code § 16-12.5]
The Borough Engineer and planner and the approving authority attorney, where appropriate, shall advise the approving authority of the following:
a. 
The nature of the improvements to be required as a condition of final approval;
b. 
The estimated value of the improvements installed or to be installed;
c. 
The nature and amount of performance guarantees, if any, to be required as a condition to final approval;
d. 
The provisions of open space reservation or dedication, and the standards for open space organizations;
e. 
The amounts to be deposited to reimburse the approving authority and Borough for costs incurred for legal, engineering, planning and other professional reviews and work, for recording fees and for any other costs anticipated by the approving agency, where applicable.
f. 
Any other conditions upon which final approval will be granted or conditioned.
[Ord. #79-19; 1970 Code § 16-12.6]
The applicant shall be required to submit the following for the approving authority approval:
a. 
A developer's agreement, prepared by the approving authority attorney setting forth the obligations of the applicant in connection with the final approval.
b. 
A performance guarantee, in a form satisfactory to the approving authority and Borough complying with Section 21-13 of this Chapter, and guaranteeing performance of the developer's agreement.
c. 
Maintenance guarantees, if any, for work completed prior to final approval.
d. 
Deeds for any easements, rights-of-way, or public lands in a form satisfactory to the approving authority and Borough Attorneys.
e. 
Evidence of compliance with other conditions imposed by the approving authority.
f. 
Proof of payment of taxes and assessments.
g. 
Funds to be deposited to reimburse the approving agency and Borough for costs incurred or to be incurred for legal, engineering, planning, and other consultant reports, for recording fees and for any other costs anticipated by the approving authority.
[Ord. #79-19; 1970 Code § 16-12.7]
Any final approval required for County subdivision approval or by other governmental agencies, shall be submitted by the applicant to the Bergen County Planning Board or other governmental agencies for review and approval. The approving authority may condition any approval that it may grant upon the timely receipt of a favorable report on the application by the County Planning Board or other governmental agency or by its failure to report thereon within the required time period.
[Ord. #79-19; 1970 Code § 16-12.8]
a. 
Final approval shall be granted or denied within 45 days after submission of a complete and perfected application to the administrative officer, or within such further time as may be consented to by the applicant. 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, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
Unless the preliminary plat has been approved without changes, the final plat shall incorporate all changes or modifications required by the approving authority.
The final plat shall be accompanied by a certificate of the Borough Engineer that he is in receipt of a map which shows all utilities in exact location and elevation and which identifies the utilities already installed and those to be installed. The certificate shall also state:
1. 
That the applicant has installed all required improvements; or
2. 
That the applicant has posted a performance guarantee with the Borough Clerk in sufficient amount and proper form to assure the completion of all required improvements.
b. 
Upon final approval by the approving authority and the signature of the chairman and secretary of the approving authority have been placed on the original tracing, the administrative officer shall request the applicant to have one translucent tracing cloth copy, three cloth prints and eight black and white prints of such final plat filing a copy thereof with each of the following:
1. 
Administrative officer.
2. 
Borough Engineer.
3. 
Construction Official.
4. 
Tax Assessor.
5. 
Borough Clerk.
6. 
Fire Department.
7. 
County Planning Board.
8. 
Other governmental units or municipal officials where required.
[Ord. #79-19; 1970 Code § 16-12.9]
Final subdivision approval shall expire 95 days from the date of signing of the plat unless within such period, the plat shall have been duly filed by the applicant with the County Recording Officer.
The approving authority may for good and sufficient cause shown extend the period of recording for an additional period not to exceed 190 days from the date of signing 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 a certificate has been issued pursuant to the laws of Chapter 291 of P.L. 1975. The signatures of the chairman and secretary of the approving authority shall not be affixed until the developer has posted the guarantees required pursuant to Section 21-18 of this Chapter, where appropriate. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the Borough, the plat shall be expunged from the official records.
It shall be the duty of the County Recording Officer to notify the approving authority in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing, and official number.
[Ord. #79-19; 1970 Code § 16-12.10]
The zoning requirements applicable to the preliminary subdivision approval first granted and all other rights conferred upon the applicant pursuant to subsection 21-11.9 of this Chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the applicant has followed the standards prescribed for final approval, and has duly recorded the plat as required, the approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this Chapter, the granting of final approval terminates the time period of preliminary approval pursuant to subsection 21-11.9 of this Chapter for the section granted final approval.
In the case of a subdivision or site plan for a planned development or planned residential development or residential cluster of 50 acres or more or conventional subdivision for 150 acres or more, the approving authority may grant for such period of time longer than two years, as shall be determined by the approving agency to be reasonable taking into consideration:
a. 
The number of dwelling units and nonresidential floor area permissible under final approval;
b. 
Economic conditions; and
c. 
The comprehensiveness of the development.
The applicant may apply thereafter, 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:
a.
The number of dwelling units and nonresidential floor area remaining to be developed;
b.
Economic conditions; and
c.
The comprehensiveness of the development.
[Ord. #79-19; 1970 Code § 16-13.1]
Except as provided herein, no building permit shall be issued for a building, structure, or use, or any enlargement, expansion or change of use, unless a site plan is first submitted and approved by the approving authority.
No Certificate of Occupancy shall be given unless all construction and conditions conform to the site plan as approved, unless conditionally approved by the approving authority as provided herein.
[Ord. #79-19; 1970 Code § 16-13.2]
Site plan review shall not be required for single and two-family detached dwellings or for such accessory uses as a private garage, tool house, garden and private greenhouses, swimming pools and other similar uses incidental to a single or two-family detached dwelling or for similar improvements as accessory uses to a principal use.
Site plan approval shall not be required where:
a. 
Minor repairs to the interior of a building does not involve structural change or enlargement of the building, as determined by the Construction Official.
b. 
Renovations or alterations to the exterior design of a building or structure which does not involve any enlargement of the building or major structural change, as determined by the Construction Official.
However, the Construction Official at his discretion, may refer any application for a building permit to the approving authority for site plan approval, anything herein notwithstanding, where in the Official's judgment, the construction, reconstruction, alteration, or change of use will affect circulation, water supply, sewerage disposal, drainage, landscaping, signs, lighting, off-street parking or loading, or the lack of any or all of these factors, environmental factors and other considerations as specified in this Chapter.
Except as provided herein, all construction, reconstruction, alteration or enlargement of a building, structure or use or a change of use or occupancy on or in nonconforming structure, use or lot shall require site plan approval.
Any determination by the Construction Official that the site plan approval is not required pursuant to this section shall be set forth in writing by the Construction Official with copies of the letters filed with the applicant and the administrative officer.
[Ord. #79-19; 1970 Code § 16-13.3]
Any application shall be submitted to the administrative officer in writing in triplicate on forms supplied by the approving authority. Receipt of an application for preliminary site plan approval shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 21-6 shall be submitted with the application form.
The approving authority shall accept simultaneous applications for preliminary and final site plan approval where so requested by the applicant provided that all of the conditions, requirements and safeguards established for preliminary and final site plan approval are adhered to.
[Ord. #79-19; 1970 Code § 16-14.1]
The applicant shall submit the preliminary site plan application and 10 copies of plat maps and payment of all required fees to the administrative officer who shall submit copies of the preliminary plat to the following:
a. 
Approving authority attorney.
b. 
Borough Engineer.
c. 
Planning consultant.
d. 
Construction Official.
e. 
Board of Health.
f. 
Fire Department.
g. 
Police Department.
h. 
Department of Public Works.
i. 
Other municipal officials and agencies as directed by the approving authority.
The professionals and boards shall make recommendation to the approving authority in writing within 35 days of the application submission. The approving authority shall take the recommendations into account, but shall have the authority to proceed in the absence of such recommendations which are not essential to its determination.
If the preliminary site plan is found to be incomplete, the applicant shall be notified thereof within 45 days of the date of submission or it shall be deemed to be perfected as to content.
Where adjustments or changes are required in the site plan submission, the applicant shall be required to modify the plat in order to qualify as a perfected application as to content and for public hearing purposes.
[Ord. #79-19; 1970 Code § 16-14.2]
Any site plan application, requiring County Planning Board or other governmental agency approvals, shall be submitted by the applicant to the Bergen County Planning Board or other governmental agency for review and approval. The approving authority may condition any approval that it may grant upon the timely receipt of a favorable report on the application by the County Planning Board or other governmental agency by its failure to report thereon within the required time period.
A preliminary site plan requiring County Planning Board or other governmental approval which may not have been received at the time of the public hearing in the community, shall require the public hearing to be continued until such time as the required reports are received or by the failure to report thereon within the required time period.
[Ord. #79-19; 1970 Code § 16-14.3]
a. 
The applicant shall be required to submit proof that no taxes or assessments for local improvements are due or delinquent on the property for which preliminary site plan approval is sought.
b. 
All applicable fees shall be paid prior to any action by the approving authority.
[Ord. #79-19; 1970 Code § 16-14.4]
Upon submission of a perfected application, the administrative officer shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in subsection 21-7.4 for public hearings.
[Ord. #79-19; 1970 Code § 16-14.5]
The approving authority shall grant, condition, or deny preliminary site plan approval within 45 days receipt of a perfected and complete site plan application for a site plan of 10 acres or less, or within 95 days of submission of a perfected and complete application for a site plan of more than 10 acres, or within such further time as may be consented to by the applicant for both classes of site plans.
Failure of the approving authority to act within the prescribed time periods or to obtain an extension from the applicant, in writing, shall constitute a preliminary approval by the approving authority.
[Ord. #79-19; 1970 Code § 16-14.6]
Preliminary approval of a site plan shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
a. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; lay-out and design standards for streets, curbs and sidewalks; lot size; yard dimensions and on-tract and off-tract improvements; and any requirements peculiar to the specific site plan. The Borough may modify by ordinance such general terms and conditions of preliminary approval as they may relate to public health and safety provided such modifications are in accord with amendments adopted by ordinance subsequent to approval.
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 site plan.
c. 
The applicant may apply for and the approving authority may grant extensions on such preliminary approval for an additional period of one year but not to exceed a total extension of two years provided that if the design standards have been revised by ordinance, such revised standards may govern.
d. 
In the case of a site plan for an area of 50 acres or more, the approving authority may grant the rights referred to in paragraphs a, b and c above for such a time period, longer than three years, as shall be determined by the approving authority to be reasonable taking into consideration:
1. 
The number of dwelling units and nonresidential floor area permissible under preliminary approval;
2. 
Economic conditions; and
3. 
The comprehensiveness of the development.
The applicant may apply for thereafter and the approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable taking into consideration:
(1)
The number of dwelling units and nonresidential floor area permissible under preliminary approval;
(2)
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;
(3)
Economic conditions; and
(4)
The comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
Failure to obtain final approval within the prescribed time limits as herein defined shall void the preliminary plat approval.
[Ord. #79-19; 1970 Code § 16-14.7]
An application shall be submitted to the administrative officer in writing in triplicate, on forms supplied by the approving authority. Receipt of an application for final approval of a site plan shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 21-6, shall be submitted with the application form.
[Ord. #79-19; 1970 Code § 16-14.9]
The applicant shall submit the final site plan application and 10 copies of the plat maps and payment of all required fees to the administrative officer who shall submit copies of the plat to the following:
a. 
Borough Engineer.
b. 
Board of Health.
c. 
Planning consultant.
d. 
Department of Public Works.
e. 
Approving authority attorney.
The professionals and boards shall make recommendations to the approving authority, in writing, within 45 days of the application submission. The approving authority shall take the recommendations into account, but shall have the authority to proceed in the absence of such recommendations if the approving authority finds such recommendations not to be essential to its determination.
The approving authority shall review the application for final site plan approval with or without conditions provided the following requirements have been met:
f. 
That the detailed drawings, specifications, and estimates meet all applicable codes and ordinances;
g. 
That the final plans are substantially the same as the approved preliminary site plan and conditions governing same;
h. 
That all improvements have been installed or bonds posted to ensure the installation of improvements;
i. 
That the applicant agrees, in writing, to all conditions of final approval;
j. 
That proof has been submitted that no taxes or assessments for local improvements are due or delinquent for which final site plan approval is sought.
k. 
All applicable fees have been paid prior to any final action by the approving authority.
l. 
Requirements of other governmental units have been complied with.
[Ord. #79-19; 1970 Code § 16-14.9]
Whenever review or approval is required by the Bergen County Planning Board or by other governmental agencies, a final site plan application shall be submitted by the applicant for review and approval. The approving authority shall condition any approval that it may grant upon the timely receipt of a favorable report on the application by the County Planning Board or other governmental agency or by its failure to report thereon within the required time period.
[Ord. #79-19; 1970 Code § 16-14.10]
The approving authority shall grant, condition or deny final site plan approval within 45 days receipt of a perfected and complete site plan application, or within such further time as may be consented to by the applicant.
Failure of the approving authority to act within the prescribed time period or to obtain an extension from the applicant, in writing, 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 and it shall be sufficient in lieu of the written endorsement or other evidence of approval.
[Ord. #79-19; 1970 Code § 16-14.11]
Upon approval of the site development plan and upon compliance with all conditions, the engineer and the chairman and the secretary of the approving authority shall be authorized to sign the plan and the secretary shall affix the seal of the Board. The tracing shall be and remain a permanent record of the approving authority and the applicant shall supply to the approving authority the number of prints reasonably required for its records. A print shall be forwarded to each of the professionals identified in subsection 21-14.8 herein.
[Ord. #79-19; 1970 Code § 16-14.12]
Final approval shall terminate the time period of preliminary approval for the section granted final approval and shall guarantee the applicant that the zoning requirements applicable to the preliminary approval and all other rights conferred upon the applicant as part of preliminary approval which shall not be changed for a period of two years after the date of final approval.
Approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The approving authority may extend final approval, and the protection offered under subsection 21-14.6 for one year. Up to three such extensions may be granted.
In the case of site plan for a planned development of 50 acres, or conventional site plan for 150 acres or more, the approving authority may extend the rights granted under final approval for such period of time, longer than two years, as shall be determined by the approving authority to be reasonable taking into consideration (a) the number of dwelling units and nonresidential floor area permissible under final approval; (b) economic conditions; and (c) the comprehensiveness of the development. The applicant may apply for thereafter, 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 (a) the number of dwelling units and nonresidential floor area permissible under final approval; (b) the number of dwelling units and nonresidential floor area remaining to be developed; (c) economic conditions; and (d) the comprehensiveness of the development.
The approving authority may, as a condition of final approval:
a. 
Grant final approval only for designated geographic sections of the development.
b. 
Grant final approval for certain work but require resubmission for final approval for designated elements such as, but not limited to, landscaping, signs, street furniture, etc., and require approval of these elements as a prerequisite for a Certificate of Occupancy or zoning permit;
c. 
Condition the granting of a Certificate of Occupancy or zoning permit subject to the applicant or developer or subsequent heirs or assignees meeting certain requirements within a designated period of time, not to exceed one year from the date of issuance of the Certificate of Occupancy or zoning permit. This may include, but is not limited to the installation of improvements, reevaluation of circulation patterns, etc.
[Ord. #79-19; 1970 Code § 16-14.13]
Amended site plan applications shall be filed with the approving authority and shall be considered at the next regular meeting date of the approving authority provided that the amended application is received no less than 14 days before the meeting date and the amendments are minor in nature.
[Ord. #79-19; 1970 Code § 16-14.14]
All proposed improvements of development indicated on the approved site plan shall meet the requirements of all applicable codes, ordinances and specifications of the community, County, State or Federal governments and other agencies with jurisdiction over matters pertaining to site development.
It shall be the joint responsibility of the Engineer and the Construction Official to enforce their respective rules and regulations to insure compliance with the site plan approval map and other specified conditions as may be imposed on the development.
[Ord. #79-19; 1970 Code § 16-14.15]
The site plan, as approved by the approving authority, shall be binding upon the applicant. Any changes from the approved plan shall require resubmission and reapproval by the approving authority.
[Ord. #79-19; 1970 Code § 16-14.16]
In the event of a failure to comply with any condition of site plan approval, the Construction Official on his own initiative or upon recommendation from the Engineer, may revoke the building permit or Certificate of Occupancy, as the case may be, and seek to enjoin the violation, or take such other steps as permitted by law.
[Ord. #79-19; 1970 Code § 16-15.1]
The applicant shall observe the following requirements and principles of land subdivision in each subdivision or portion thereof.
The subdivision plat shall conform to the design standards that will encourage good development patterns within the Borough. Where either an Official Map or Master Plan or both have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, historic sites, public areas shown on an adopted Master Plan or Official Map shall be considered in approval of subdivision plats.
[Ord. #79-19; 1970 Code § 16-15.2]
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets or with a minimum right-of-way of 50 feet.
a. 
Minor Streets. Minor streets shall be so designed as to discourage through traffic unless deemed necessary by the approving authority.
b. 
Arterial Streets. Subdivisions abutting arterial streets may be required to 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 approving authority may determine to be appropriate.
c. 
Pavement Width of Streets. The pavement width of all streets shall be minimum of 30 feet for all local streets and may be greater for collector and arterial streets.
d. 
Minimum Right-of-Way Width. The right-of-way width shall be measured from lot line to lot line and shall not be less than 50 feet in any case; except when shown at a greater width on the Master Plan or Official Map of the Borough or the street constitutes an extension of an existing street with a greater width than 50 feet.
e. 
Substandard Street Right-of-Way and Pavement Width. In connection with 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, the applicant shall dedicate additional right-of-way or pavement width along either one or both sides of the road. If the subdivision is along one side only, one-half of the required extra width shall be dedicated.
f. 
Street Grades. Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 1/2%.
g. 
Street Intersections. Street intersections shall be nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curb line with a curve having a radius of not less than 20 feet.
h. 
Street Jogs. Street jogs shall have centerline offsets of not less than 125 feet.
i. 
Reverse Curve Tangents. A tangent at least 25 feet long shall be introduced between reverse curves on arterial, collector and local streets.
j. 
Street Line Deflection. When connecting street lines deflect from each other at any one point by more than 10°, and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for all streets.
k. 
Change in Grade. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
l. 
Cul-de-sac Streets. Dead-end streets (cul-de-sac) shall not be longer than 600 feet and shall provide a turn-around at the end with a property line radius of not less than 50 feet and tangent whenever possible to the right side of the street and a paved surface radius of not less than 40 feet.
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.
m. 
Street Names. 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.
n. 
Sidewalks. Where sidewalks are required, there shall be provided a minimum walkway width of five feet constructed in accordance with the requirements of the Borough Engineer.
[Ord. #79-19; 1970 Code § 16-15.3]
a. 
Block length and width, or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning ordinance and to provide for convenient access, circulation control and safety of street traffic.
b. 
In blocks of 1,000 or more feet in length, pedestrian crosswalks may be required in locations deemed necessary by the approving authority. Such walkways shall be at least 10 feet wide in right-of-way with a four feet wide improved pavement surface. The walkway may also include other improvements including street lighting.
c. 
For all uses including commercial, industrial and planned development group areas, block size shall be sufficient to accommodate the proposed uses, and to permit reasonable access, circulation and firefighting and emergency services.
[Ord. #79-19; 1970 Code § 16-15.4]
a. 
Lot dimensions and areas shall not be less than the requirements of the zoning ordinance.
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 and improved street with a right-of-way width of at least 50 feet in width except as provided herein.
d. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width 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 such factors such as rock formations, drainage conditions, watercourses, historic sites, flood conditions or similar circumstances, the approving agency, may, after adequate investigation withhold approval of such lots.
[Ord. #79-19; 1970 Code § 16-15.5]
a. 
Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourses and such further width or construction, or both, as will be adequate for the purpose. Any and all open ditches are to be piped in accordance with the Planning Board Engineer's requirements.
b. 
Natural features such as trees, brooks, hilltops, and views shall be preserved whenever possible in designing any subdivision containing such features.
c. 
Any public use or areas shall be suitable size, shape and location under the provision of reservation contained herein.
d. 
In a large development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and shall be located in consultation with the utility companies or municipal departments concerned.
[Ord. #79-19; 1970 Code § 16-15.6]
All installations of water mains, culverts and storm sewers shall be connected with an approved system and shall be adequate to handle all present and probable future developments.
[Ord. #79-19; 1970 Code § 16-15.7]
a. 
For all major subdivisions, the applicant shall arrange with the serving utility for the underground installation of all utility distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariffs as the same are on file with the State of New Jersey, Board of Public Utility Commissioners, and shall submit to the approving authority prior to the granting of final approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this paragraph; provided, however, that lots in such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the streets involved, may be supplied with electric and telephone service from such overhead lines, but the service connections from the utilities overhead lines shall be installed underground. The location of access facilities for servicing the utility in the proposed subdivision shall be developed in conjunction with and as a part of the complete subdivision plan.
b. 
Whenever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 20 feet in width shall be provided.
c. 
The approving authority of the Borough may in its discretion waive the installation of the underground utilities where such installation will result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the applicant by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of the lands in such subdivision.
d. 
Whenever underground utilities are installed in accordance with the provisions hereof, fire alarm systems servicing the development may be required to be installed in an appropriate subsurface distribution system connecting the necessary alarm stations. The manner of installation, number and location of alarm stations shall be in a manner approved by the Fire Department.
[Ord. #79-19; 1970 Code § 16-15.8]
No top soil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
All applications for subdivision shall be in accordance with the soil erosion and sediment control ordinance or where same has not been adopted, the applicant shall meet the requirements of Chapter 251, Laws of 1975, the New Jersey Soil Erosion and Sediment Control Act.
[Ord. #79-19; 1970 Code § 16-16.1]
All applications for site plan approval shall be prepared, signed and sealed by a professional engineer or architect. It shall bear the signature and seal of a licensed land surveyor as to topographic and boundary survey data.
All site plans shall comply with the requirements hereinafter set forth and shall contain the following information and data where applicable:
a. 
A title block shall be indicated in the lower right hand corner of the plan and shall include the name and address of the record owner, including the block and lot number of the site; the title of the development; the name, address, license number and seal of the person preparing the plan. If the owner is a corporation, the name and address of the president and secretary shall be submitted with the application.
b. 
A date block of the site plan adjacent to the title block containing the date of preparation. All subsequent revisions shall be noted and dated.
c. 
A key map showing the location of the tract with reference to surrounding areas and existing street intersections within 1,000 feet of the boundaries of the subject premises.
d. 
A scale of not less than 50 feet to the inch shall be used and a graphic representation of the scale shall be displayed, and a north arrow. All distances and dimensions shall be in feet and decimals of a foot and all bearings shall be given to the nearest 10 seconds.
e. 
The names of all owners of adjacent property within 200 feet of the subject premises together with the block and lot numbers of the property, as shown on the current municipal tax records.
f. 
Zone boundaries shall be shown on the site plan as they affect the parcel. Adjacent zone districts within 200 feet shall also be indicated. Such features may be shown on a separate map or as a key on the detail map itself.
g. 
Survey data showing boundaries of the property, required building or set-back lines, and lines of existing and proposed streets, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way.
h. 
Reference to any existing covenants, deed restrictions, easements or exceptions that are in effect or are intended to cover all or any of the tract. A copy of such covenants, deed restrictions, easement or exception shall be submitted with the application. If there are no known covenants, deed restrictions, easements or exceptions affecting the site, a notation to that effect shall be indicated on the site plan map.
i. 
Location of existing buildings on the site which shall remain and all other structures such as walls, fences, culverts, bridges, roadways, etc., with spot elevations of such structures. Structures to be removed shall be indicated by dashed lines; structures to remain shall be indicated by solid lines.
j. 
All distances as measured along the right-of-way lines of existing streets abutting the property to the nearest intersection with any other street.
k. 
Location plans and elevations of all proposed buildings and other structures including required yard and setback areas, building height in feet and stories and lot coverage calculations.
l. 
Location, height, dimensions and details of all signs either free-standing or affixed to a building. Where signs are not to be provided, a notation to that effect shall be indicated on the site plan.
m. 
Location of all storm drainage structures, soil erosion and sediment control devices and utility lines whether publicly or privately owned with pipe sizes, grades and direction of flow, and if any existing utility lines are underground, the estimated location of the already underground utility lines shall be shown.
n. 
Existing and proposed contours, referred to U.S. Coast and Geodetic datum, with a contour interval of one foot for slopes of 3% or less; an interval of two feet for slopes of more than 3% but less than 15%; and an interval of five feet for slopes of 15% or more. Existing contours are to be indicated by dashed lines and proposed contours are to be indicated by solid lines.
o. 
Location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant existing features including previous flood elevations of watercourses where available, ponds and marsh areas as may be determined by survey.
p. 
All proposed streets with profiles indicating grading; and cross-sections showing width roadway, location and width of sidewalk where required and location and size of utility lines according to community standards and specifications.
q. 
The proposed use or uses of land and buildings and proposed location of buildings including proposed grades. Floor space of all buildings and estimated number of employees, housing units, or other capacity measurements where required, shall also be indicated. If the precise use of the building is unknown at the time of application, an amendment plan showing the proposed use shall be required prior to a Certificate of Occupancy.
r. 
All means of vehicular ingress and egress to and from the site onto public or private streets showing the size and location of driveways and curb cuts including the possible organization of traffic channels, acceleration and deceleration lanes, additional width and other traffic controls which may be required. Improvements such as roads, curbs, sidewalks and other design detail shall be indicated including dimensions of parking stalls, access aisles, curb radii, direction of traffic flow, and other conditions as may be required in the zoning ordinance or this Code.
s. 
The location and design of any off-street parking areas or loading areas showing size and location of bays, aisles and barriers.
t. 
The location of all proposed water lines, valves and hydrants and all sewer lines or alternative means of water supply or sewage disposal and treatment in conformance with the applicable municipal standards and appropriate utility companies, where applicable.
u. 
The proposed location, direction of illumination, power and time of proposed outdoor lighting in conformance with applicable standards of the community including type of standards to be employed, radius of light and intensity of footcandles.
v. 
The proposed screening and landscaping and a planting plan indicating natural vegetation to remain and areas to be planted and type of vegetation to be utilized.
w. 
The proposed storm water drainage system as to conform with design based on a 100-year storm. All site plans shall be accompanied by a plan sketch showing all existing drainage within 500 feet of any boundary, and all areas such as paved areas, grassed areas, wooded areas and any other surface areas contributing to the calculations and other methods used in the determinations.
x. 
Such other information or data as may be required by the approving authority in order to determine that the details on the site plan are in accordance with the standards of a zoning ordinance or standards contained herein, and other municipal, County or State ordinances and regulations.
[Ord. #79-19; 1970 Code § 16-16.2]
The following legends shall be indicated on the site plan.
a. 
To be signed before submission:
I CONSENT TO THE FILING OF THIS SITE PLAN WITH THE ____________________ OF THE BOROUGH OF MOONACHIE.
_______________________________________________________
Applicant
Date
b. 
To be completed before submission:
SITE PLAN OF _______________________________________________
LOT_______________ BLOCK_______________ ZONE______________
DATE_______________ SCALE_________________________________
APPLICANT _________________________________________________
ADDRESS ___________________________________________________
c. 
To be signed before submission:
I HEREBY CERTIFY THAT I HAVE PREPARED THIS SITE PLAN AND THAT ALL DIMENSIONS AND INFORMATION ARE CORRECT.
_____________________________________________________
Name
_____________________________________________________
Title and License Number
d. 
To be signed before the issuance of a building permit:
APPROVED BY THE ______________________________ OF THE BOROUGH OF MOONACHIE.
Date
Chairperson
e. 
To be signed before __________ approval is given:
I HAVE REVIEWED THIS SITE PLAN AND CERTIFY THAT IT MEETS ALL CODES AND ORDINANCES UNDER MY JURISDICTION.
Date
Engineer
f. 
To be signed before issuance of a Certificate of Occupancy:
I HEREBY CERTIFY THAT ALL REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR THAT A PERFORMANCE GUARANTEE HAS BEEN POSTED IN ACCORDANCE WITH SECTION __________ OF THE SITE PLAN ORDINANCE.
____________________________________
Construction Official
_____________________________________
Engineer
g. 
To be signed prior to issuance of a Certificate of Occupancy:
I HEREBY CERTIFY THAT ALL THE REQUIRED IMPROVEMENTS OF THIS SITE PLAN HAVE BEEN INSTALLED IN COMPLIANCE WITH ALL APPLICABLE CODES AND ORDINANCES.
Date
Engineer
Date
Construction Official
OCCUPANCY PERMIT ISSUED
Date
[Ord. #79-19; 1970 Code § 16-17.1]
In reviewing any application for site plan approval, conditional use approval, or combinations thereof, the approving authority, advisory boards, professional advisers and the applicant shall be guided by the general and specific requirements contained herein.
[Ord. #79-19; 1970 Code § 16-17.2]
The number of off-street parking spaces required shall be as set forth in Table I below. If determination of the number of required parking spaces results in a fractional space, the fraction shall require one additional parking space.
Table I
Off-Street Parking Requirements
Use
Required Parking Spaces
Automobile service station
4 parking spaces for each bay plus 1 for each employee in the maximum working shift
Bank and saving institution
1 parking space for each 300 square feet of floor area, or 8 spaces for each teller window, whichever is greater
Bowling lanes
5 parking spaces for each lane
Churches and other places of worship
1 for each 3 seats, or 1 for each 72 inches of seating space when benches rather than seats are used
Community buildings, social halls and clubs
1 parking space for each 4 seats, except where a specific amount of seating is undetermined, then 1 parking space shall be required for each 8 members
Funeral homes, mortuaries
5 parking spaces for each chapel or slumber room
Industrial, manufacturing uses and warehouse
1 space for every 1 1/2 employees on the largest shift, or a total of 1/2 the building area, whichever is greater
Laboratory and research uses
1 parking space for every 400 square feet of floor area
Medical or dental clinics or offices
4 spaces for each doctor or dentist, plus 1 space for each 100 square feet of floor area
Mixed land uses
Mixed land uses in the same building shall be calculated as the sum of the individual uses unless the applicant can demonstrate to the approving authority that the parking characteristics of the individual uses are such that the total needs of the development are less than the sum of the parts and the number of spaces to be provided will satisfy the lesser need
Mobile homes
Each mobile home shall have 1 and one-quarter parking spaces per home
Motels, hotels, motor lodges
1 for each rental unit, and in addition compliance with the requirements for each particular additional use located on the property, such as restaurants, eating and drinking establishments, retail stores and meeting rooms
Nursing homes, hospitals, convalescing homes
1 space for every 2 beds plus 1 space per staff member and employee in the maximum work shift
Offices, business and professional (other than medical and dental)
1 space for every 250 square feet of floor area
Public and government buildings
1 space for every 800 square feet of gross floor area
Public and private (including religious) schools
2 parking spaces for each classroom or 1 space for each 4 seats in the room with the largest seating capacity, whichever is the greater number
Residential dwellings
2 parking spaces for each dwelling unit
Restaurants, eating and drinking establishments and catering halls
1 parking space for every 3 seats plus 1 space for each 2 employees
Restaurants, fast food
1 parking space for each 2 seats plus 1 parking space for each 2 employees in the maximum work shift or a minimum of 40 parking spaces whichever is greater
Retail stores, store groups, shops, shopping centers
1 for each 150 square feet of floor area where the floor area shall not exceed 2,000 square feet; 1 for each 175 square feet of floor area where the floor area shall exceed 2,000 square feet
Theaters
1 parking space for every 3 seats
Other uses not provided herein
To be determined by the approving authority
[Ord. #79-19; 1970 Code § 16-17.3]
The approving authority shall approve the location of all proposed parking spaces on the site and shall take into consideration the size and topography of the site, sight safety conditions, and the elimination of nuisance factors including glare, noise, dust and other similar considerations.
Subject to other considerations as specified herein, off-street parking shall not be located in a required front yard except where the required front yard exceeds 20 feet. Parking shall not be permitted in an area located 20 feet or more from the street right-of-way line.
Any parking area located between the principal building and the minimum front yard setback shall be landscaped or screened. No off-street parking area shall be located closer than five feet from any side or rear lot line. These conditions shall apply to all surface and above grade parking facilities.
All parking facilities shall not be located closer than 25 feet from any two intersecting streets, or within the sight triangle of any driveway and the street right-of-way.
[Ord. #79-19; 1970 Code § 16-17.4]
Provisions shall be made for the safe and adequate circulation of pedestrians and vehicles within and adjoining the subject property. The width of all aisles providing direct access to individual parking stalls shall be in accordance with the standards established in Table II.
Table II
Minimum Aisle Width (feet)
Parking Angle
(degrees)
Minimum Aisle
One-way
Width (feet)
Two-way
0° (Parallel Parking)
12
18
30°
15
18
45°
18
20
60°
18
20
90° (Perpendicular)
25
25
[Ord. #79-19; 1970 Code § 16-17.5]
Parking stalls for churches, community buildings, manufacturing, and industrial and warehouse uses, business and professional offices shall have a minimum area of 180 square feet of space which shall measure nine feet in width and 20 feet in length.
For all other uses, there shall be a minimum of 200 square feet of space exclusive of aisles which shall measure 10 feet in width and 20 feet in length.
[Ord. #79-19; 1970 Code § 16-17.6]
Except for attendant parking, all parking spaces shall be designed free and clear of any obstruction to individual parking stalls. Such parking spaces shall be located in such a fashion as to permit all vehicles to exit in a safe and orderly manner. Under no condition shall vehicles be permitted to back out of a parking lot driveway, or otherwise block the free movement of traffic within the parking area or specific points of safety control, such as fire hydrants, doorways, elevators, or other similar locations. Parking and loading areas shall be designed to permit each motor vehicle to proceed to and from the parking or loading space provided for it without requiring the moving of any other motor vehicle.
Aisle widths and circulation patterns shall be designed to permit emergency and service vehicles such as delivery trucks, solid waste collection vehicles and the like to have reasonable access to and space for their intended functions.
Pedestrian circulation within a parking area shall be, to as great an extent as possible, separated from vehicular traffic. Safety zones, crossing points and sidewalk areas where warranted, shall be provided.
The use of pedestrian carts or other similar accessory vehicles shall not be permitted to be retained within the driving area of the parking facility.
[Ord. #79-19; 1970 Code § 16-17.7]
The parallel parking stalls shall have a minimum width of eight feet and a minimum length of 22 feet. In addition, the minimum aisle width shall be 12 feet.
[Ord. #79-19; 1970 Code § 16-17.8]
a. 
All entrance and exit driveways to a public or private street shall be so located to afford maximum safety to the roadway and to provide for safe and convenient ingress and egress and to minimize conflict with the flow of traffic.
In no case shall there be permitted unrestricted access along the length of the street or streets upon which the parking area abuts.
b. 
Sight Distances. The minimum sight distance established in Table III shall be adhered to between a driveway and the adjoining street in accordance with the definition of a sight triangle. The driveway shall be designed in profile and grading which shall be reviewed by the Borough Engineer.
For purposes of this Chapter, sight distance measurement shall be measured from the drivers seat of a standard vehicle located on that portion of the exit driveway that is immediately contiguous to the traveled way with the front of the vehicle 10 feet behind the right-of-way line of the road; with the height of the eye 3.75 feet to the top of the object 4.5 feet above the pavement.
Table III
Minimum Sight Distance
From a Driveway and Adjoining Street
Allowable Maximum Speed on Roadway
(miles/hour)
Minimum Sight Distance
(in feet)
25
175
30
250
35
325
40
400
45
450
50 or more
500
c. 
Where a site is located at the intersection of two streets, no driveway entrance or exit shall be located within 50 feet of the point where the curb return of the street intersection and the curb line meet.
d. 
No part of any driveway shall be closer than 25 feet from any other driveway on an adjoining parcel nor shall more than one driveway be located closer than 75 feet to another driveway on the same site as measured from the closest edge of any two driveways along the same right-of-way line.
e. 
No entrance or exit driveway shall be located on a traffic circle or on a ramp of an interchange or within 50 feet of the beginning of any ramp or other portion of an interchange.
f. 
Continuous open driveways in excess of the requirements of Table IV without curbing, shall be prohibited.
Table IV
Driveway Widths, Depressed Curbs, and Curb Return Radius Standards
One-Way Operation
Two-Way Operation
Driveway Width
(in feet)
Depressed Curb
(in feet)
Curb Return Radius
(in feet)
Driveway Width
(in feet)
Depressed Curb
(in feet)
Curb Return Radius
(in feet)
3-10 Family Residence
12-15
32-35
20 min.
30 max.
22-26
44-50
20 min.
30 max.
Over 10 Family Residence
15-16
35-38
20 min.
30 max.
24-30
46-52
25 min.
35 max.
Commercial and Industrial
15-30
35-50
35 min.
45 max.
30-50
50-70
35 min.
45 max.
Service Stations
20-30
35-50
20 min.
35 Max.
40-50
50-60
20 min.
35 max.
NOTE: Driveways connecting to a public or private street at an angle shall have the same widths as shown on Table IV. The width of depressed curb and the radius of curb returns shall provide for the sharpest turning radii of vehicles using the driveway, keeping the vehicles within their prescribed lanes.
[Ord. #79-19; 1970 Code § 16-17.8]
The geometric design of a driveway connection to a public or private street shall be governed by sound traffic engineering principals. The following guidelines are utilized in preparing a geometric design, but some deviation may be necessitated due to the many variables encountered in the course of preparing a design. The applicant should be aware, therefore, that although the driveway layout may conform to these guidelines, conditions may dictate deviations from them and requirements of the Borough Engineer shall be final.
a. 
Two-way Operation. Driveways used for two-way operation will intersect a public or private street at an angle to as near 90° as site conditions will permit and in no case will be less than 60°.
b. 
One-way Operation. Driveways used for vehicles in one direction of travel (right turn only) shall not form an angle smaller than 45° with a public street.
c. 
The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. The required maximum and minimum dimensions for driveways connecting to a public or private street at 90° are indicated in Table IV. Driveways serving large volumes of daily traffic or traffic over 25% of which is truck traffic shall be required to utilize high to maximum dimensions. Driveways serving low daily traffic volumes or traffic less than 25% of which is truck traffic shall be permitted to use low to minimum dimensions.
d. 
Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.
e. 
Should the sidewalk be so close to the curb at a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk shall be appropriately lowered to provide a suitable ramp gradient.
The surface of any driveway shall be constructed with a permanent pavement of a type specified by standards set by the Borough Engineer. Such pavement shall extend to the paved portion of the public or private street pavement.
[Ord. #79-19; 1970 Code § 16-17.9]
Guard rails shall be provided in appropriate locations where required for safety purposes.
Wheel stops, permanently anchored to the ground, may be required in appropriate locations. Parked vehicles shall not overhang or extend over sidewalk areas, unless an additional sidewalk width of 2 1/2 feet is provided to accommodate such overhang.
Parking stalls, driveways and aisles shall be clearly marked and delineated. The approving authority may require certain areas to be maintained for fire-fighting purposes or other emergency purposes. These areas as well as other pavement signage shall be appropriately designated.
[Ord. #79-19; 1970 Code § 16-17.10]
The minimum and maximum parking grades shall be in accordance with the following requirements:
Maximum Grade
(percent)
Minimum Grade
(percent)
Parking stalls and service aisles
6
1/2
Main approach walk-ways to buildings
4
1/2
Collector or other service walkways
8
1/2
Swales
10
2
Principal circulation aisles
8
1/2
Driveways; entrances and exits
6*
1/2*
*For a distance of 100 feet from the street right-of-way line. Driveway intersections with any roadway within a distance of 35 feet from the curb line, as measured along the centerline of the driveway, shall not exceed a grade of 1.5%.
[Ord. #79-19; 1970 Code § 16-17.11]
Every parcel of land used as a public or private off-street parking or loading area shall be maintained in good condition, free of hazards and deterioration. All pavement areas, sidewalks, curbs, drainage facilities, lighting, bumpers, guard rails, markings, signs, landscaping and other improvements shall be maintained in workable, safe and good condition.
[Ord. #79-19; 1970 Code § 16-17.12]
If any applicant can clearly demonstrate to the approving authority that, because of the nature of the operation or use, the parking requirements of this section are unnecessary or excessive, the approving authority shall have the power to approve a site plan showing less paved parking area than required by this section; provided, however, that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purpose of meeting future off-street parking requirements in the event that a change of use of the premises shall make additional off-street parking spaces necessary.
[Ord. #79-19; 1970 Code § 16-17.13]
a. 
Limitations as to Use. All off-street parking areas shall be used solely for the parking of passenger automobiles and no commercial repair work or service of any kind shall be conducted on such parking lot.
b. 
Non-Availability. At any time that the required off-street parking facilities cease to be available as required, the Certificate of Occupancy for the building or buildings built in conjunction with such parking areas shall be cancelled and become null and void.
c. 
Charges. There shall be no charge made of the use of off-street parking facilities and no cars other than self-propelled passenger vehicles shall be permitted to use any of the off-street parking facilities herein required, and no service of any kind shall be extended to the vehicle occupying such off-street parking facilities except for emergency purposes.
d. 
Traffic Markers; Paint Stripping. The side perimeter of each parking space shall be delineated by painted lines on the pavement for the length of the parking space. The width of all lines shall not be less than four inches, nor more than six inches, and shall be uniform in the entire parking area. A second set of lines shall also be painted on the ground for each space, which lines shall be parallel to the perimeter lines.
One-way aisles shall be marked with directional arrows on the ground not less than eight feet long with directional arrows at each end of the aisle. Two-way aisles shall be marked with two directional arrows on the ground, each not less than eight feet long. Two-way aisles shall also be marked with a center line not less than four inches wide. Parking aisles that lead to private roadways or driveways on the property shall be marked "STOP" signs in every case where there are more than 20 parking spaces provided off any aisle that leads into another interior roadway or driveway.
All traffic markers, traffic signs, traffic signals and traffic control devices shall be constructed, erected, delineated and maintained in accordance with the standards, regulations and requirements set forth in "Manual on Uniform Traffic Control Devices" prepared by the United States Department of Transportation, Federal Highway Administration (1971), as the same now exists and as the same may be interpreted and amended. Copies of this publication are on file in the approving authority office and the office of the Traffic Bureau of the Police Department.
All traffic markers and traffic signs, traffic signals, directional arrows, parking space delineation lines and traffic control devices shown on an approved site plan are required to be installed and maintained in good condition sufficient to serve their intended purpose.
[Ord. #79-19; 1970 Code § 16-17.14]
a. 
All off-street parking areas shall be graded and drained so as to dispose of all surface water in a manner so as not to unreasonably impair the surroundings.
b. 
All off-street parking areas, aisles and driveways shall be surfaced with asphalt, bituminous or cement binder pavement according to specifications established for this purpose by the Borough Engineer.
c. 
All parking areas and access drives shall be edged by a concrete curb or Belgium block as set forth herein.
[Ord. #79-19; 1970 Code § 16-17.15]
In any district, in connection with every building or buildings group or part thereof, hereinafter erected, which are to be utilized by industrial and commercial uses or requires the distribution of vehicles of material or merchandise and for any residential development containing 30 or more dwelling units and for large scale public and quasi-public uses, there shall be provided and maintained, on the same zone lot with such building, off-street loading spaces in accordance with the requirements of Table V.
Each such loading space shall not be less than 12 feet in width and 35 feet or more in length, depending upon the functions to be performed. The overall floor to ceiling height or clear height distance shall not be less than 12 feet which may be increased where required.
Table V
Off-Street Loading Requirements
Floor Area (in square feet)
Land Use**
At Which First Berth is Required
At Which Second Berth is Required*
Industrial
Manufacturing
0 to 5,000
40,000
Warehouse
0 to 5,000
40,000
Laboratory, research
0 to 5,000
40,000
Commercial
Wholesale
0 to 5,000
40,000
Retail
0 to 5,000
20,000
Service establishments
0 to 5,000
40,000
Commercial recreation
0 to 5,000
100,000
Restaurants
0 to 2,000
25,000
Office buildings
0 to 5,000
100,000
Hotel
0 to 10,000
100,000
Funeral home
0 to 10,000
100,000
Institutional, Public
Schools
0 to 10,000
100,000
Hospitals, nursing homes
0 to 10,000
100,000
Auditoriums, arenas
0 to 10,000
100,000
*An additional berth shall be required for each additional amount of square feet as indicated as required between the need for one and two berth intervals.
**In the case of a multiple use building, the amount of off-street loading required shall be equal to the sum of the parts unless same can be demonstrated to be in excess as shall be subject to determination by the approving authority.
Except for required buffer areas, each such loading space may occupy any required side or rear yard but shall not be located in the required front yard. When adjoining a residential use, institutional use or place of general assembly a suitably screened or landscaped buffer shall be provided.
Off-street loading spaces shall not be located within any fire prevention zone, within 25 feet of any fire hydrant, or within 10 feet of any stairway, doorway, elevator or other general means of entry to and from a building for the general public, nor shall it block or in any way interfere with the free flow of pedestrians from any means of ingress or egress nor shall it interfere with the free flow of pedestrians or vehicles. All such loading spaces shall be appropriately indicated by sign or other visual communication as to the location.
All loading and unloading operations shall be conducted entirely within the boundaries of the lot concerned, and no vehicle or conveyance shall in any manner use public streets, sidewalks or rights-of-way for loading or unloading operations other than ingress or egress to the lot.
[Ord. #79-19; 1970 Code § 16-17.16]
In connection with every site plan, the applicant shall submit plans for all proposed exterior lighting. These plans shall include the location, type of light, radius of light, and height and intensity in footcandles. Any lighting used to illuminate any off-street parking and loading areas shall be shielded and so arranged as to reflect the light away from residential premises and streets.
Lighting shall not be permitted which requires flashing or intermittent illumination. Lighting which requires change in color, intensity or hue shall likewise be prohibited.
Lighting shall in no way interfere with, detract from or diminish in any way from the effectiveness of any traffic signal or similar safety or warning device.
[Ord. #79-19; 1970 Code § 16-17.17]
Each site plan application shall include a sign plan showing the specific design, location, size, construction and illumination.
If the applicant is unable to provide said details for signs, the approving authority shall condition its approval upon receipt of same prior to the issuance of a Certificate of Occupancy.
[Ord. #79-19; 1970 Code § 16-17.18]
A landscaping plan shall be submitted with each site plan application. The plan shall identify existing and proposed trees, shrubs, bushes, plant material, ground cover and natural features such as boulders and rock outcroppings.
[Ord. #79-19; 1970 Code § 16-17.19]
Buffers including fences, landscaping, berms and mounds shall be used to minimize any adverse impacts or nuisances from the site to adjacent areas.
Screen planting of a dense evergreen material not less than four feet nor more than six feet in height shall be provided around the outside boundary of off-street parking and loading areas for more than six vehicles and any loading area. In lieu of screen planting, a decorative masonry wall with a maximum of three-quarter inch spacing may be provided not less than four feet or more than six feet in height, maintained in good condition and without advertising. No parking or loading area shall be visible from the street.
[Ord. #79-19; 1970 Code § 16-17.20]
Gas, electric and telephone services shall be provided by the applicant in concert with the appropriate public utility providing such service. Service on the site shall be provided as a part of an underground system.
If such facilities cannot be reasonably provided due to topographic or geologic condition of the land, or due to technological circumstances, and where the applicant can adequately demonstrate the lack of feasibility of same to the satisfaction of the approving authority, a waiver of this requirement may be granted.
Where existing utility lines, such as electric, and telephone poles exist off-tract, and require relocation as a result of the proposed development, the approving authority shall be assured that the relocation will not create or maintain any hazardous or dangerous conditions.
[Ord. #79-19; 1970 Code § 16-17.21]
Adequate provisions for water supply and sanitary sewage disposal shall be indicated. Facilities shall include and not be limited to approvals, where appropriate, of the engineer of the serving utility company, Department of Health and Fire Department. The locations of all proposed fire hydrants or similar facilities shall be indicated on the plan and the areas shall provide for appropriate fire lanes or protective areas which shall not be impeded by parking areas or standing vehicles or other obstructions, particularly in commercial centers.
[Ord. #79-19; 1970 Code § 16-17.22]
Provisions shall be made for the drainage of surface runoff waters in and from the premises so that flooding and erosion of the property and the property of others will be prevented. Each site plan submitted to the approving authority shall be reviewed by the engineer to establish requirements to prevent adverse drainage conditions both on and off the site. All open ditches shall be piped in accordance with the Planning Board Engineer's specifications.
The drainage systems shall be designed in conformance to accepted engineering standards. To facilitate the review of proposed drainage facilities for development, design calculations prepared by the applicant's engineer shall accompany the application. The design considerations shall include and not be limited to drainage areas, runoff calculations, storm drain pipelines, inlet designs and manholes. Unless otherwise stipulated by the Borough Engineer, drainage facilities shall be designed on the basis of a 100-year storm.
[Ord. #79-19; 1970 Code § 16-17.23]
The approving authority may require as a part of the site plan approval that the applicant or owner dedicate to the Borough an easement not greater than 25 feet wide from each side of the bank of the stream or drainage facility or sewer or drainage pipe for access to any lot under consideration for site plan approval. Such easements shall not be less than a minimum width of 15 feet.
[Ord. #79-19; 1970 Code § 16-17.24]
a. 
Where curbing is lacking, an applicant for site plan approval shall install curbing along the extent of all property fronting public and private streets in accordance with municipal standards and specifications.
The Borough Engineer may require curbing within parking areas in order to facilitate drainage and provide separation between pedestrian and vehicular movement.
b. 
Curb grading and alignment is to be determined as established in the area unless otherwise required by the Borough Engineer.
c. 
Where a proposed driveway is to serve any land development of 50 or more parking spaces, curbing need not be carried across the driveway opening as a depressed curb, but rather may be swept back as curb returns. Where the driveway serves a facility having less than 50 parking spaces, a depressed curb driveway shall be utilized.
[Ord. #79-19; 1970 Code § 16-17.25]
The right-of-way width, measured from lot line to lot line shall not be less than 50 feet in width, except when shown at a greater width on the Master Plan or Official Map or the street constitutes an extension of an existing street with a greater width than 50 feet.
In connection with site plans that adjoin or include existing streets that do not conform to widths as shown on the Official Map or Master Plan or are less than 50 feet in width, the applicant shall dedicate additional width along either one or both sides of the road. If the site plan is along one side only, one-half of the required difference in roadway width shall be dedicated.
[Ord. #79-19; 1970 Code § 16-17.26]
Each land development requiring site plan approval may be required to provide a sidewalk within the street right-of-way.
Pedestrian walkways or sidewalks may also be required for any development of 50 or more parking spaces within the parking area to provide convenient and safe access for pedestrian circulation.
Sidewalks shall be constructed of concrete, brick or other similar material and shall be at least four feet in width.
Sidewalks between parking areas and principal structures, along aisles and driveways and wherever pedestrian traffic shall occur shall be raised six inches or more above the parking area except when crossing streets or driveways. Sidewalks, when constructed along the building, shall be located not less than three feet from the building.
[Ord. #79-19; 1970 Code § 16-17.27]
Provisions shall be made for the proper storage and collection of refuse. All such storage shall be maintained within the confines of an enclosed building or structure and shall be reasonably accessible for vehicular collection on the site, or shall be appropriately screened and landscaped where outdoor storage is necessary.
The Board of Health shall approve the location and method of collection on the site.
[Ord. #79-19; 1970 Code § 16-17.28]
Retaining walls shall be designed to be safe and adequate for the purpose intended. Walls shall not detract from the aesthetic beauty of the site when constructed, and to this end shall be fenced or landscaped in accordance with the plans to be approved by the approving authority.
[Ord. #79-19; 1970 Code § 16-17.29]
Outdoor storage, where permitted, shall be suitably located and approved by the approving authority which shall consider the relationship of such areas to adjacent properties and roadways, provided however, that in all such cases, where storage is permitted, such areas be suitably screened, as provided in subsection 21-17.36.
[Ord. #79-19; 1970 Code § 16-17.30]
In accordance with Chapter 220, 221 and 224 of the Laws of 1975, all plans and specifications for the construction or remodeling of any public building, as defined herein, shall provide facilities for the physically handicapped.
[Ord. #79-19; 1970 Code § 16-17.31]
a. 
All public buildings shall contain at least one principal entrance accessible to and usable by physically handicapped persons, which shall be either ramped or at ground level.
b. 
On each floor open to the public at least one water closet shall be provided for each sex. In general, toilet facilities shall be provided to accommodate wheelchair occupants which shall include adequate stall door width, grab rails, sufficient space and appropriate height;
c. 
A drinking fountain of suitable height and extension for wheelchair occupants on every floor open to the public shall be provided;
d. 
In any multi-story building an elevator sufficient in size to accommodate a wheelchair shall be provided;
e. 
At least one public telephone at a height accessible to wheelchair occupants shall be provided.
[Ord. #79-19; 1970 Code § 16-17.32]
a. 
A minimum of 1% of the total number of parking spaces, but not less than two parking spaces shall be designed and designated for physically handicapped persons. Spaces shall be most accessible and approximate to the building or buildings which the parking spaces serve.
b. 
Each space or group of spaces shall be identified with a clearly visible sign displaying the International Symbol of Access along with the following wording: "These spaces reserved for physically handicapped drivers".
c. 
Each space shall be 12 feet wide to allow room for persons in wheelchairs or on braces or crutches to get in and out of either side of an automobile onto level, paved surface suitable for wheeling and walking;
d. 
Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars; and
e. 
Where applicable, curb ramps shall be provided to permit handicapped people access from parking area to sidewalk.
[Ord. #79-19; 1970 Code § 16-17.33]
A sidewalk hereafter constructed or reconstructed on public or private property for public use shall be constructed in a manner that will facilitate use by physically handicapped persons. At points of intersection between pedestrian and motorized lines of travel, and at other points where necessary to avoid abrupt changes in grade, a sidewalk shall slope gradually to street level so as to provide an uninterrupted line of travel.
[Ord. #79-19; 1970 Code § 16-17.34]
Architectural screening of any mechanical equipment on the roof or outside of any building shall be installed so as to screen the mechanical equipment from view. Architectural screening for purposes of this section shall be deemed to mean the use of metal, stone or other relatively maintenance free material in slats or other design so as to screen and prevent the direct view of the mechanical equipment. The term mechanical equipment includes any fans, air conditioning equipment, elevator housing, water towers, compressors, heating equipment and any other equipment of any kind.
[Ord. #79-19; 1970 Code § 16-17.35]
Any materials left or kept outside of a building shall be screened and kept within limited confines. Any material, trash or refuse or any combination kept or left outside of a building and any containers for the material shall either be:
a. 
Finished and screened in a manner shown on the proposed site plan designed to meet the applicable requirements herein;
b. 
Enclosed on all four sides with the same material that is used for the outer surface of the exterior walls of the building adjacent thereto except for entry gates; or
c. 
Enclosed and screened in any other manner approved by the approving authority provided the same is designed to effectively confine the material within the enclosed area and screen the same from other areas outside the building, and is a material that is not likely to create problems of maintenance, sanitation and nuisance.
d. 
Nothing contained herein shall be deemed to authorize the storage of any material in any zone where such use of the property is not otherwise permitted by the zoning ordinance and all applicable laws and regulations. If the applicant does not propose any outside storage of the materials, the plan shall so indicate. The applicant shall not thereafter store any of the materials outside of the building unless a plan is submitted to and approved by the approving authority for that purpose.
[Ord. #79-19; 1970 Code § 16-18.1]
Before recording final subdivision plats or approving site plan plats, the approving authority shall require that the applicant shall have installed or shall have furnished performance guarantees for the installation of on-tract improvements in accordance with Borough specifications as follows:
Streets, street signs, grading, pavement, curbs, gutters, sidewalks, walkways, street lighting, shade trees, water mains, fire hydrants, culverts, storm sewers, sanitary sewers, or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and surveyor's monuments as required by the "Map Filing Law", (P.L. 1960 c. 141 (C. 46:23-9.9 et seq.)).
All such required improvements shall be certified by the Borough Engineer unless the applicant shall have filed a performance guarantee sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Borough Engineer.
[Ord. #79-19; Ord. #80-7; 1970 Code §§ 16-18.2&16-18.3]
Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit, the approving authority may require and shall accept for the purpose of assuring the installation and maintenance of on-tract improvements:
a. 
The furnishing of a performance guarantee in favor of the Borough in an amount not to exceed 120% of the cost of installation for improvement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown on the final map and required by the "Map Filing Law", P.L. 1960, c. 141 (C. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers, or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.
b. 
Provision for a maintenance guarantee to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Borough for such utilities or improvements.
c. 
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.
d. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Borough for the reasonable costs of the improvements not completed or corrected and the Borough may either prior to or after the receipt of the proceeds thereof complete such improvements.
e. 
Upon substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the governing body in writing, by certified mail addressed in care of the Borough Clerk of the completion or substantial completion of improvements and shall send a copy thereof to the Borough Engineer. Thereupon the Borough Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The costs of the improvements as approved or rejected shall be set forth.
f. 
The governing body shall either approve, partially approve or reject the improvements, on the basis of the report of the Borough Engineer and shall notify the obligor in writing, by certified mail, of the contents of the report and the action of the approving authority with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements.
g. 
If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification, as set forth in this section, shall be followed.
h. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Borough Engineer.
i. 
The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements; provided that the Borough may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Borough Engineer for such inspection.
j. 
In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall be applied by stage or section.
[Ord. #79-19; 1970 Code § 16-18.4]
In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or a maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Borough for such utilities or improvements.
[Ord. #79-19; 1970 Code § 16-18.5]
All improvements listed in Sections 21-18 and 21-19 shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the applicant at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.
[Ord. #79-19; 1970 Code § 16-19.1]
Under the provisions of this Chapter and State statutes, the Borough, other governmental agencies, the Board of Education, State, County and other public bodies can be designated to maintain and accept public open space for recreational or conservational uses. These public agencies can accept and maintain such open spaces provided the dedication is not conditioned upon the same being made available to public use.
Where a subdivision or site plan is required, this Chapter shall require that the applicant provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, if the open space is not dedicated to the Borough or other governmental agency. Such organizations shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Borough wherein the land is located.
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the administrative officer designated by resolution to administer this subsection may serve written notice upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated municipal body or administrative officer, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they may be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within the 35 days or any permitted extension thereof, the Borough, in order to preserve the open space and maintain the same for a period of one year may enter upon and maintain such land. The entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the designated municipal body or officer, as the case may be, shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by such municipal body or officer, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the designated municipal body or officer shall determine that such organization is ready and able to maintain the open space in reasonable condition, the Borough shall cease to maintain the open space at the end of the year. If the municipal body or officer shall determine such organization is not ready and able to maintain the open space in reasonable condition, the Borough may, in its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the municipal body or officer in any such case shall constitute a final administrative decision subject to judicial review.
If a municipal body or officer is not designated by resolution to administer this subsection, the governing body shall have the same powers and be subject to the same restrictions as provided in this subsection.
The cost of such maintenance by the Borough shall be assessed pro-rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed values at the time of imposition of the lien, and shall become a lien and tax on the properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
[Ord. #79-19; 1970 Code § 16-19.2]
If the land use plan or Master Plan of the Borough or if the Official Map of the Borough provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within the proposed development, before approving a subdivision or site plan, the approving authority may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The approving authority may reserve the location and extent of such streets, ways, basins or areas to be shown on the plat in locations and sizes suitable to their intended uses. The approving authority may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer.
Unless during such a period or extension thereof the government entity having jurisdiction shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the applicant shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to the streets and roadways, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.
[Ord. #79-19; 1970 Code § 16-19.3]
The applicant shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instances, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of real property taxes apportioned to the land reserved and pro-rated for the period of reservation. The applicant shall be compensated for the reasonable increased cost of legal, engineering, or other professional services incurred in connection with obtaining subdivision or site plan approval caused by the reservation.
[Ord. #79-19; 1970 Code § 16-20.1; Ord. #90-4]
If, before final subdivision approval has been granted, any person transfers or sells or agrees to sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Borough approval is required, such person shall be subject to the General Penalty established in Chapter 1, Section 1-5 of this Code. Each lot disposition shall be deemed a separate violation.
[Ord. #79-19; 1970 Code § 16-20.2]
In addition to the foregoing, the Borough may institute and maintain a civil action:
a. 
For injunctive relief, and
b. 
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with law by the Borough.
[Ord. #79-19; 1970 Code § 16-20.3]
In any action, the transferee, purchaser or grantee is entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of the land or within six years, if unrecorded.
[Ord. #79-19; 1970 Code § 16-20.4; Ord. #90-4]
Any person, firm, or corporation violating any of the provisions of this Chapter shall, upon conviction, be subject to the General Penalty established in Chapter 1, Section 1-5 of this Code.
[Ord. #79-19; 1970 Code § 16-21.1]
All amendments of this Chapter shall be adopted in accordance with the provisions of New Jersey Law.
[Ord. #79-19; 1970 Code § 16-21.2]
In the interpretation and the application of the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this Chapter imposes greater restrictions, the provisions of this Chapter shall apply.
[Ord. #79-19; 1970 Code § 16-21.6]
Immediately upon adoption of this Chapter, the Borough Clerk shall file a copy of this Chapter with the County Planning Board as required by law. The Clerk shall also file with the County Planning Board copies of all other ordinances of the Borough relating to land use such as the zoning ordinance of the Borough.
[Ord. #79-19; 1970 Code § 16-21.7]
Whenever a term is used in this Chapter which is defined in Chapter 291, P.L. 1975, such term is intended to have the meaning set forth in the definition of such term found in the statute unless a contrary intention is clearly expressed from the context of this Chapter.
[Ord. #79-19; 1970 Code § 16-21.8]
All applications for development made and filed prior to the effective date of this Chapter may be construed in accordance with a prior law but any appeals arising out of decisions made on any such application shall be governed by this Chapter.