[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:
Shall mean the Borough Clerk unless different municipal official
or officials are designated as such by statute.
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.
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.
Shall mean the Borough Planning Board or the Board of Adjustment, as the case may be, as provided in Section 21-5.
Shall mean the Planning Board of the Borough.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary or continuous occupancy and having
a roof.
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.
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.
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.
Shall mean development other than planned development.
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.
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.
Shall mean the Division of State and Regional Planning in
the New Jersey Department of Community Affairs.
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.
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.
Shall mean a municipal advisory body created pursuant to
P.L. 1968 C. 245 (C. 40:56A-1 et seq.).
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice and gravity.
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.
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.
Shall mean the Mayor and Borough Council of the Borough.
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.
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.
Shall mean and include improvements and fixtures on, above
or below the ground surface.
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.
Shall mean security, other than cash, which may be accepted
by the Borough for the maintenance of any improvements required by
this Chapter.
Shall mean any subdivision not classified as a minor subdivision.
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.
Shall mean a development plan of one or more lots which:
Proposes new development within the scope of development specifically
permitted by ordinance as a minor site plan;
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
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.
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:
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.
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.
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.
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.
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.
Shall mean located on the lot in question.
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.
Shall mean any application for development, the owners of
the subject property and all owners of property and government agencies
entitled to notice.
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".
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.
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.
Shall mean a map or maps of a subdivision or site plan pursuant
to the provisions of this Chapter.
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.
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.
Shall mean and include:
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.
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.
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.
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.
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.
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.
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.
Shall mean a development plan of one or more lots on which
is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, flood
plains, marshes and waterways;
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
Any other information that may be reasonably required in order
to make an informed determination pursuant to this Chapter.
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.
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:
Arterial streets shall mean those which are used primarily for
fast or heavy traffic.
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.
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.
Minor streets shall mean those which are used primarily for
access to the abutting properties.
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.
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:
Divisions of land found by the approving authority to be for
agricultural purposes where all resulting parcels are five acres or
larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order and, including but not
limited to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
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".
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]
[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]
[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]
[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:
[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:
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:
[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]
[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]
[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:
[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]
[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.
