City of Paterson, NJ Article III Preliminary Plat Procedure

§ 297-14 Submission of preliminary plat of major subdivision or preliminary approval; fee.

A. At least six (6) black-on-white legible prints of the preliminary plat map shall be submitted by the owner, properly signed as being the person or subdivider seeking approval or by his agent acting for and with the consent of the owner, to the Planning Board at least two (2) weeks prior to the Planning Board meeting at which consideration is desired.

B. Along with the preliminary plat, the subdivider shall submit a fee of one hundred ten dollars ($110.) for major subdivisions involving ten (10) lots or fewer and the following fees for major subdivisions involving more than ten (10) lots:

(1) Four hundred dollars ($400.), plus thirty dollars ($30.) per unit, for eleven (11) to fifty (50) units.

(2) Four hundred dollars ($400.), plus thirty-two dollars and fifty cents ($32.50) per unit, for fifty-one (51) to one hundred (100) units.

(3) Four hundred dollars ($400.), plus thirty-five dollars and fifty cents ($35.50) per unit, for one hundred one (101) to two hundred (200) units.

(4) Four hundred dollars ($400.), plus forty dollars ($40.) per unit, from two hundred one (201) to three hundred (300) units.

(5) Four hundred dollars ($400.), plus forty-two dollars and fifty cents ($42.50) per unit, for three hundred one (301) to four hundred (400) units.

(6) Four hundred dollars ($400.), plus forty-five dollars ($45.) per unit, for four hundred one (401) units or more.

C. All preliminary plats accompanying drawings shall be drawn of a size to conform with the specifications of the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.).

§ 297-15 Notice of public hearing; costs; publication.

A. The applicant for subdivision shall serve notice by personal service on the property owner as shown on the current tax duplicate or his agent in charge of the property or by mailing a copy by certified mail to the property owner at his address as shown on the current tax duplicate, at least ten (10) days prior to the hearing by the Planning Board, to all property owners within two hundred (200) feet of the extreme limits of the subdivision as their names appear on the city tax records. Said notice shall state the date, time and place of hearing, a brief description of the subdivision and any variances sought, the street address of the property or designation by lot and block number and notification that a copy of said subdivision has been filed with the Planning Board for public inspection. Upon receipt of a written request from a subdivider, the City Tax Assessor shall furnish within seven (7) days a list of all names and addresses of owners required to be served. A fee of twenty-five cents ($0.25) per name or ten dollars ($10.), whichever is greater, shall be paid by the applicant for the preparation of this list of owners.

B. The Planning Board Secretary shall cause notice of the public hearing to be published in the Herald and News or in another newspaper of general circulation in the city at least ten (10) days prior to the hearing, at the expense of the applicant.

C. In the event that the proposed subdivision involves property located within two hundred (200) feet of an adjoining municipality, notice of hearing shall be given by personal service or certified mail to the Clerk of such municipality.

D. Notice of hearing shall be given by personal service or certified mail to the County Planning Board if the application seeks development of property adjacent to an existing county road or a proposed road shown on the Official County Map or the County Master Plan or adjoining other county land or situated within two hundred (200) feet of a municipal boundary.

E. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.

F. For applications for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units, notice of a hearing shall be given by personal service or certified mail to the State Planning Commission. Said notice shall include a copy of any maps or documents required to be on file with the City Clerk pursuant to N.J.S.A. 40:55D-10b.

G. In the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the city and which has registered in accordance with N.J.S.A. 40:55D-12.1, notice of a hearing shall be given by serving a copy on the persons whose names appear on the registration form on behalf of the public utility, cable television company or local utility or by mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.

H. The applicant shall file an affidavit of proof of publication and service of required notices herein with the Planning Board.

§ 297-16 Copies of preliminary plat to be furnished.

At least five (5) copies of the preliminary plat shall be forwarded by the Planning Board or designated agent prior to the hearing to the following persons:

A. Passaic County Planning Board: two (2) copies.

B. County Engineer: one (1) copy.

C. City Engineer: one (1) copy.

D. Community Improvements Division: one (1) copy.

E. Such other city, county or state officials as directed by the Planning Board.

§ 297-17 Design standards to be considered by Planning Board.

A. In reviewing the subdivision for preliminary approval, the Planning Board shall apply design standards that encourage good development patterns within the city.

B. The subdivision shall basically conform to the proposals, conditions and outlook of the Master Plan. Among matters to be considered by the Planning Board are:

(1) Appropriate extension and/or realignment of existing and/or proposed streets.

(2) Adequate right-of-way widths for various classifications of streets as indicated in the Master Plan and Official Map.

(3) Elimination of reserve strips controlling access to streets.

(4) Street grades, intersection sight distances, length and treatment of dead-end streets and duplication of street names.

(5) Block lengths and widths as related to zoning, and pedestrian walks.

(6) Lot sizes, shapes and frontages.

(7) Soil erosion and sediment control if any part of the proposed subdivision involves land disturbances in excess of five thousand (5,000) square feet (according to Standards for Soil Erosion and Sediment Control in New Jersey, New Jersey Soil Conservation Committee 1976, or any amendments thereto).

(8) Stormwater easements or drainage and utility rights-of-way.

(9) The overall effect of the subdivision on the community, the city and the health, safety and general welfare of the residents of the city.

(10) Adequate water supply, shade trees, sewerage and other utilities.

(11) Reserved open space, if needed.

(12) Regulations of land subject to flooding.

(13) Buffer strips, culs-de-sac and street turnarounds to be indicated, if applicable.

(14) Consistency of the layout with the Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 483, Zoning and Land Development.

(15) Conformity with standards promulgated by the Commissioner of Transportation pursuant to the Air Safety and Hazardous Zoning Act of 1983 (N.J.S.A. 6:1-80 et seq.) for any airport safety zones delineated under that Act.

(16) Conformity with Article IV, Recycling, of Chapter 427, Solid Waste.

(17) Conformity with any access management code adopted by the county with respect to any county roads within the city or adopted by the city with respect to municipal streets.

(18) Conformity with the state highway access management code adopted by the Commissioner of Transportation with respect to state highways within the city.

(19) Protection of potable water supply reservoirs from pollution or other degradation of water quality in accordance with siting, performance or other standards or guidelines adopted by the Department of Environmental Protection and Energy.

(20) Conformity with public safety regulations concerning stormwater detention facilities pursuant to N.J.S.A. 40:55D-95.1 and as reflected in stormwater management plans and ordinances adopted pursuant to N.J.S.A. 40:55D-93 et seq.

§ 297-18 Action by Planning Board and County Planning Board.

A. The Planning Board shall act on a preliminary plat within forty-five (45) days from date of submission of a completed application if the subdivision involves ten (10) lots or fewer and within ninety-five (95) days from date of submission if the subdivision involves more than ten (10) lots. If variances are sought, the Planning Board shall act within one hundred twenty (120) days.

B. When County Planning Board review is required, action by the Planning Board shall be contingent on county action. In all cases, the recommendations of the Passaic County Planning Board shall be given careful consideration in the final decision by the City Planning Board. Its actions shall be noted on the plat, and if disapproved, two (2) copies of the reasons for disapproval shall be returned with the plat. If either the Planning Board of the city or the Passaic County Planning Board disapproves a plat, the reasons for disapproval shall be remedied prior to further consideration.

C. If the Planning Board acts favorably on a preliminary plat, the Chairman and Secretary of the Planning Board shall affix their signatures to the plat with a notation that it has received preliminary approval and returned to the subdivider for compliance with final approval requirements.

§ 297-19 Rights conferred by preliminary approval.

Preliminary approval shall confer upon the subdivider the following rights for a three-year period from the date of such approval:

A. The general terms and conditions under which the preliminary approval was granted will not be changed, except modifications by ordinance for such general terms and conditions of preliminary approval as related to public health and safety.

B. The subdivider may submit, on or before the expiration date, the whole or part or parts of said plat for final approval.

C. The subdivider may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of one (1) year but not to exceed a total of two (2) years, provided that if design standards have been revised by ordinance, such revised standards may govern.